Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB1110 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	HOUSE BILL 357
3	3	By Powers
4	4
5	5	SENATE BILL 1110
6	6	By Seal
7	7
8	8
9	9	SB1110
10	10	001988
11	11	- 1 -
12	12
13	13	AN ACT to amend Tennessee Code Annotated, Title 4;
14	14	Title 8 and Title 68, relative to rescue squads.
15	15
16	16	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
17	17	SECTION 1. Tennessee Code Annotated, Title 68, Chapter 140, is amended by adding
18	18	the following language as a new part:
19	19	68-140-701. Short title.
20	20	This part is known and may be cited as the "Rescue Squad Recognition Act."
21	21	68-140-702. Definitions.
22	22	As used in this part, unless the context otherwise requires, "rescue squad":
23	23	(1) Means a department of a municipality, county, or political subdivision,
24	24	or a nonprofit organization that offers its services, for or without pay, for the
25	25	purpose of performing rescue services, or for other emergency response
26	26	purposes, in at least four (4) of the following eleven (11) disciplines:
27	27	(A) Animal technical rescue;
28	28	(B) Rope rescue;
29	29	(C) Floodwater rescue;
30	30	(D) Vehicle and machinery rescue;
31	31	(E) Confined space rescue;
32	32	(F) Structural collapse rescue;
33	33	(G) Swiftwater rescue;
34	34	(H) Trench rescue;
35	35	(I) Subterranean rescue;
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37	37
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40	40	(J) Dive rescue; or
41	41	(K) Wilderness search and rescue;
42	42	(2) Means eighty-five percent (85%) of a nonprofit organization's
43	43	dedicated team is meeting the national fire protection association 1006 standards
44	44	for qualifications for each discipline described in subdivision (1);
45	45	(3) Means a nonprofit organization's dedicated team consists of at least
46	46	seventy-five percent (75%) of personnel who volunteer or undertake time,
47	47	resources, and labor to provide emergency response to a county, municipality, or
48	48	political subdivision;
49	49	(4) Means an organization that qualifies as a nonprofit organization under
50	50	the Internal Revenue Code § 501(c)(3) (26 U.S.C. § 501(c)(3)), and chartered by
51	51	this state; and
52	52	(5) Does not include law enforcement agencies or emergency medical
53	53	agencies licensed by the Tennessee emergency medical services board or a fire
54	54	department as defined in § 68-102-302.
55	55	68-140-703. State fire marshal's standards and qualifications.
56	56	A municipality, county, or political subdivision shall not operate a rescue squad,
57	57	and a nonprofit organization shall not operate as a rescue squad, unless the rescue
58	58	squad has been duly recognized and authorized to perform rescue services pursuant to
59	59	this part by the state fire marshal's office. The state fire marshal, in consultation with the
60	60	Tennessee Association of Rescue Squads and other interested industry groups, shall
61	61	promulgate rules pursuant to the Uniform Administrative Procedures Act, compiled in
62	62	title 4, chapter 5, relative to the standards and qualifications for becoming and remaining
63	63	a rescue squad.
64	64
65	65
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67	67
68	68	68-140-704. Application for operation of rescue squad — Classification —
69	69	Certificate of recognition — Recognition renewal.
70	70	(a) To obtain recognition from the state fire marshal's office, a municipality,
71	71	county, or political subdivision wanting to operate a rescue squad, or a nonprofit
72	72	organization wanting to operate as a rescue squad, shall file an application with the state
73	73	fire marshal's office, and file a renewal application to continue operating, in accordance
74	74	with the following:
75	75	(1) The application must be made on a form prescribed by the state fire
76	76	marshal and must be accompanied by a processing fee not to exceed fifty dollars
77	77	($50.00). The state fire marshal may require that the form be signed and
78	78	notarized by the highest-ranking official of the rescue squad;
79	79	(2) Upon being granted recognized status as a rescue squad, the state
80	80	fire marshal shall issue a certificate of recognition to the rescue squad. The
81	81	certificate is valid for a period of three (3) years from the date of issuance; and
82	82	(3) Approximately six (6) months prior to the expiration of the three-year
83	83	certificate, the state fire marshal's office shall notify each rescue squad by
84	84	certified mail of the expiration of the certificate. A rescue squad whose certificate
85	85	is expiring shall complete a recognition renewal form prescribed by the state fire
86	86	marshal and submit a renewal fee not to exceed fifty dollars ($50.00) at least
87	87	thirty (30) days prior to expiration of the rescue squad's certification of
88	88	recognition.
89	89	(b) The form prescribed by the state fire marshal's office must include a process
90	90	for a rescue squad whose certificate of charter with the secretary of state is active before
91	91	July 1, 2025, to apply for an exemption, as described in § 68-140-709.
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96	96	68-140-705. Approval of local elected governing body — Certificate of recognition
97	97	requirement.
98	98	(a) A new rescue squad must not be established or recognized without
99	99	the approval of the local elected governing body in which jurisdiction the rescue
100	100	squad will operate. This approval must include the geographical territory to be
101	101	covered by the new rescue squad.
102	102	(b) A governmental unit, person, or nonprofit organization shall not
103	103	operate as a rescue squad without a valid certificate of recognition issued by the
104	104	state fire marshal in accordance with this part.
105	105	68-140-706. Option of "Non-Recognition."
106	106	Notwithstanding §§ 68-140-703 and 68-140-705, if any department within a
107	107	municipality, county, or political subdivision, as well as any nonprofit organization,
108	108	decides not to function as a rescue squad as defined in § 68-140-702, then such
109	109	department or nonprofit organization must notify the state fire marshal's office and the
110	110	local elected governing body that the rescue squad is choosing to opt out of this part and
111	111	take on all responsibilities assigned by the local elected governing body.
112	112	68-140-707. Nonrenewal, revocation, or suspension of certificate of recognition.
113	113	(a) The state fire marshal may refuse to issue or renew and revoke or suspend
114	114	any application for or renewal of a certificate of recognition if the:
115	115	(1) Rescue squad has violated:
116	116	(A) This part;
117	117	(B) Any rule duly promulgated by the state fire marshal; or
118	118	(C) Any other state or federal law;
119	119	(2) Rescue squad fails to renew its certification;
120	120	(3) Rescue squad fails to submit the required fee; or
121	121
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125	125	(4) Local elected governing body withdraws recognition of the rescue
126	126	squad.
127	127	(b) The state fire marshal shall notify the local elected governing body within
128	128	thirty (30) days of refusing to renew, revoking, or suspending any certificate of
129	129	recognition of a rescue squad.
130	130	(c) The local elected governing body shall notify the state fire marshal within
131	131	thirty (30) days of withdrawing approval of the rescue squad.
132	132	(d) The Uniform Administrative Procedures Act, compiled in title 4, chapter 5,
133	133	governs all matters and procedures respecting the hearing and judicial review of any
134	134	contested case arising under this part.
135	135	68-140-708. Reporting requirements for emergency responses.
136	136	(a) Within thirty (30) days of an emergency in which a rescue squad responds,
137	137	the rescue squad shall complete all necessary reports, documentation, and filing of the
138	138	emergency to at least one (1) of the following:
139	139	(1) The Tennessee Association of Rescue Squads general reporting
140	140	system;
141	141	(2) The national fire incident reporting system;
142	142	(3) The national emergency response information system; or
143	143	(4) The standard reporting system for the state fire marshal's office.
144	144	68-140-709. Existing chartered rescue squads.
145	145	(a) A rescue squad whose certificate of charter with the secretary of state is
146	146	active before July 1, 2025, may submit an application as described in § 68-140-704 to
147	147	operate under an exemption if the rescue squad does not currently meet the definition of
148	148	a rescue squad as defined in § 68-140-702.
149	149
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153	153	(b) If a rescue squad described in subsection (a) properly files the application
154	154	described in § 68-140-704 and the application is approved by the state fire marshal's
155	155	office, then such rescue squad is deemed to be a recognized rescue squad under this
156	156	part.
157	157	(c) A copy of the charter and proof of an active status must be filed with the
158	158	application each instance the rescue squad applies for an exemption.
159	159	68-140-710. Penalty for violations.
160	160	A violation of this part is a Class C misdemeanor punishable by a fine only of fifty
161	161	dollars ($50.00).
162	162	SECTION 2. The headings in this act are for reference purposes only and do not
163	163	constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
164	164	requested to include the headings in any compilation or publication containing this act.
165	165	SECTION 3. For purposes of promulgating rules and carrying out administrative duties
166	166	necessary to effectuate this act, this act takes effect upon becoming law, the public welfare
167	167	requiring it. For all other purposes, this act takes effect July 1, 2025, the public welfare requiring
168	168	it.