Microsoft Word - 2022 TN Animal Law Book.docx

2022

Compiled and Edited by:

Companion Animal Initiative of Tennessee (CAIT)

Statute Editing by:

University of Tennessee College of Law

Animal Legal Defense Fund Student Chapter

The University of Tennessee College of Veterinary Medicine

Publication # R181731-044-001-24

Foreword

The production of a resource book like this always involves a long journey for the

participants, filled with hard work and difficult decisions. All of us hope that each of you

find this a useful resource in your work with, and involving, animals and the law.

The editors have designed this book principally to serve as an edited collection of

Tennessee statutes relating to animals. Because these statutes were collected and

edited, the collection is necessarily incomplete. The criteria and process used by the

editors in selecting statutes of interest to our target audiences were thoughtfully

conceived. However, the choices they made may differ from those that you would make.

We welcome feedback from you—including suggestions for future editions—as to how

we can better edit this resource to serve your needs.

Moreover, especially because this book is a selective collection of statutory law available

on a specific date, readers should not rely on this book as a source of legal advice. The

legislature of the State of Tennessee can and will add, modify, and repeal laws in every

legislative session. Additionally, courts have the opportunity to interpret and add to the

law with each new case that properly comes before them. Finally, ordinances and other

rules serve to make these laws applicable and enforceable on a local level. The

interaction of these sources of regulation is complex and the rules of conduct that result

from that interaction are best identified and explained by attorneys licensed to practice in

the State of Tennessee that are familiar with the applicable statutes, court cases,

ordinances, and other rules. We urge you to seek counsel from these legal advisors in

interpreting and using the statutes presented in this book; a mere reading of the statutes

is not enough to ensure complete understanding.

With all that having been said, we offer you this volume for use in your work. Use this

resource well, use it often; and, as requested above, do give us your feedback on its

contents. We look forward to hearing from you.

Companion Animal Initiative of Tennessee

UT College of Veterinary Medicine

2407 River Drive C205B

Knoxville, TN 37996

(865) 755-2276

(866) 907-SPAY (7729)

Acknowledgements

Of course, it takes a collective organizational and individual effort to bring projects like

this one to completion. The acknowledgements provided here only touch upon those who

have been essential to the production of this resource.

However, one thing is clear. This volume is made possible by its core sponsors: The

Companion Animal Initiative of Tennessee at the University of Tennessee College of

Veterinary Medicine and the Animal Legal Defense Fund Student Chapter at the

University of Tennessee College of Law. The two Colleges provide research funding and

administrative support for this effort at a time when human and money capital are

somewhat scarce. The editors are especially grateful for the ongoing support and

assistance provided by the Colleges, and for the foundational work done on this book by

former Companion Animal Initiative of Tennessee director Teresa Fisher, former College

of Veterinary Medicine students Kara Campadonico and Clarivel Hernandez, and former

College of Law students Kelli Braud, McKenna Cox, Cherie DuBois, and Anne Kemp.

Table of Contents

§ 4-3-203 Department of Agriculture powers and duties .................................................................... 22

§ 4-3-610 Acquiring dogs for detection of drugs ................................................................................. 22

§ 4-5-208 Emergency rules ................................................................................................................. 22

§ 4-7-106 (Tennessee Highway Patrol) Enforcement of animal disease laws ...................................... 23

§ 4-7-115 (Tennessee Highway Patrol) Use of dogs to detect drugs .................................................... 23

§ 5-1-115 Removal of vegetation and debris from certain lots ........................................................... 24

§ 5-1-120 Power to regulate stray animals ......................................................................................... 26

§ 5-9-110 Animal welfare ................................................................................................................... 26

§ 6-2-201 Municipal authority generally -- general powers ................................................................ 26

§ 6-19-101 Powers under city manager -- general powers .................................................................. 26

§ 6-54-113 Removal of vegetation and debris from certain lots ......................................................... 30

§ 6-54-135 Allowing pet dogs in outdoor dining areas at restaurants ................................................. 32

§ 7-5-103 Metropolitan Governments' Port Authority Act: definitions [relevant portions] ................. 33

§ 7-31-106 Unlawful use of sidewalks ................................................................................................ 33

§ 7-51-1401 Adult-oriented establishments -- part definitions ........................................................... 33

§ 7-63-101 Municipal violations -- Citation or complaint in lieu of arrest ........................................... 34

§ 7-63-201 Sanitation, litter control and animal control -- issuance of summons -- copies .................. 34

§ 7-81-207 Powers of assembly [relevant portions] ........................................................................... 34

§ 7-86-103 Emergency communications – definitions [relevant portions] .......................................... 34

§ 7-86-307 Plan for providing statewide 911 and enhanced wireless 911 service. [relevant portions] 35

§ 8-21-701 County clerks – specific fees authorized ........................................................................... 35

§ 8-50-103 Employment of the disabled -- discrimination prohibited -- penalty – complaint .............. 35

§ 9-8-307 Jurisdiction — Claims — Waiver of actions — Standard for tort liability — Damages —

Immunities — Definitions — Transfer of claims. ................................................................................. 36

§ 11-1-103 Cooperation with wildlife resources agency -- relationships between divisions ................ 42

§ 11-3-107 Parks and recreation employees -- commissioned law enforcement officers .................... 42

§ 11-4-803 Cooperation with executive director of wildlife resources agency .................................... 43

§ 11-5-108 Vandalism of caves or caverns .......................................................................................... 44

§ 11-11-113 Use of right of way- Hunting restricted (along Tennessee Trails System) [relevant portion]

.......................................................................................................................................................... 44

§ 11-14-102 Natural Areas Preservation -- purpose ............................................................................ 44

§ 11-14-105 Natural Areas Preservation - Classifications .................................................................... 44

§ 11-14-106 Natural Areas Preservation - Development permitted .................................................... 44

§ 11-14-108 Designation of areas ....................................................................................................... 45

§ 12-2-201 Sale authorized – sales to governmental entities – duties of the chief procurement officer.

.......................................................................................................................................................... 53

§ 12-2-410 Disposal procedures ......................................................................................................... 54

§ 12-4-702 Prompt Pay Act of 1985 – Definitions [See Full Statute - Applicable to Contracts between

State Agencies and Contractors] [Relevant Part] ................................................................................ 54

§ 29-34-209 Immunity for forcible entry of a motor vehicle to remove minor or animal .................... 55

§ 35-6-403 Business and other activities conducted by trustee .......................................................... 55

§ 35-15-408 Trust for care of animal .................................................................................................. 56

§ 36-3-601 Domestic Abuse - definitions ............................................................................................ 56

§ 36-3-606 Scope of protection order ................................................................................................ 57

§ 36-5-713 Noncompliance with support order to affect ability to hold licenses ................................ 58

§ 36-6-511 Qualifications for licensure or registration; eligibility ....................................................... 59

§ 37-1-702 Animal cruelty cases can be heard in teen court; procedure [relevant portion] ................ 59

§ 38-1-401 Cross reporting of animal cruelty - definitions .................................................................. 60

§ 38-1-402 Duty to report/cross report cruelty, abuse or neglect -- No duty to investigate --

Confidentiality ................................................................................................................................... 60

§ 38-1-403 How to report/cross report cruelty, abuse or neglect -- No impact on accepted hunting,

fishing, livestock and veterinarian practices ....................................................................................... 60

§ 38-6-108 Use of dogs to detect marijuana ....................................................................................... 61

§ 39-11-106 Criminal offenses - definitions ........................................................................................ 61

§ 39-11-616 Use of device to protect property ................................................................................... 66

§ 39-13-804 Intentional release of dangerous chemical or hazardous material with intent of causing

harm .................................................................................................................................................. 66

§ 39-14-103 Theft of property ............................................................................................................ 67

§ 39-14-105 Grading of theft [Effective until July 1, 2021; See Next Entry for Version effective on July

1, 2021] .............................................................................................................................................. 67

§ 39-14-105 Grading of theft .............................................................................................................. 68

§ 39-14-201 Definitions for animal offenses ....................................................................................... 68

§ 39-14-202 Cruelty to animals .......................................................................................................... 69

§ 39-14-203 Fighting or Baiting Exhibitions ........................................................................................ 70

§ 39-14-204 Dyed baby fowl and rabbits ............................................................................................ 71

§ 39-14-205 Intentional killing of animal ............................................................................................ 72

§ 39-14-206 Taking fish caught by another ......................................................................................... 72

§ 39-14-207 Feeding of impounded animals -- Care provided by humane society; recovery of expenses

.......................................................................................................................................................... 72

§ 39-14-208 Theft of guide dogs ......................................................................................................... 73

§ 39-14-209 Horse shows ................................................................................................................... 73

§ 39-14-210 Societies for prevention of cruelty to animals -- Power of governmental agencies working

with victimized animals ...................................................................................................................... 73

§ 39-14-211 Examination of livestock by commissioner of agriculture or other persons. .................... 75

§ 39-14-212 Aggravated cruelty to animals – definitions; construction; penalty ................................. 75

§ 39-14-213 Removal of transmitting collars or microchip implants from dogs .................................. 77

§ 39-14-214 Criminal offenses against animals ................................................................................... 77

§ 39-14-215 Emergency care for non-livestock animal; steps to locate owner; civil liability ................ 78

§ 39-14-216 Service animals .............................................................................................................. 80

§ 39-14-217 Aggravated cruelty to livestock animals ......................................................................... 81

§ 39-14-218 "Cremation" for animals defined -- Receipt .................................................................... 82

§ 39-14-802 Tennessee Farm Animal and Research Facilities Protection Act - definitions ................... 83

§ 39-14-803 Tennessee Farm Animal and Research Facilities Protection Act - offenses ...................... 83

§ 39-14-804 Tennessee Farm Animal and Research Facilities Protection Act - penalties ..................... 84

§ 39-14-805 Powers and duties of commissioner ............................................................................... 84

§ 39-14-806 Recovery of damages, fees, costs -- Remedies -- Injunctions ........................................... 84

§ 39-16-304 Misrepresentation of service animal or support animal .................................................. 85

§ 39-17-101 Handling snakes so as to endanger life prohibited .......................................................... 85

§ 39-17-1302 Prohibited weapons ..................................................................................................... 85

§ 39-17-1308 Defenses to unlawful possession or carrying of a weapon ............................................ 86

§ 39-17-1363 Offense of owning, possessing, or having custody or control of a potentially vicious dog

or a vicious dog .................................................................................................................................. 87

§ 40-13-104 Prosecutor not required ................................................................................................. 88

§ 40-35-111 Authorized terms of imprisonment and fines for felonies and misdemeanors ................ 89

§ 41-1-102 Correctional Institutions – use of dogs to search personnel for contraband ...................... 90

§ 41-1-118 Dogs for detecting drugs .................................................................................................. 90

§ 42-1-110 Intentionally killing or attempting to kill birds or animals -- Penalty ................................. 90

§ 43-1-108 Audiovisual recordation of animal inspection permitted .................................................. 91

§ 43-1-114 Definition of livestock – Applicability ............................................................................... 91

§ 43-8-102 Pesticides – definitions ..................................................................................................... 91

§ 43-8-105 Pesticides – prohibitions .................................................................................................. 91

§ 43-10-105 Seed label must warn if harmful to animals .................................................................... 92

§ 43-11-404 Prohibited sales – liming material toxic to animals ......................................................... 92

§ 43-33-126 Fish farming -- Hybrid striped bass ................................................................................. 92

§ 44-2-101 Animals/Animal Husbandry -- Prevention and Treatment of Diseases -- definitions .......... 93

§ 44-2-102 Animals/Animal Husbandry -- Prevention and Treatment of Diseases -- supervisory powers

.......................................................................................................................................................... 93

§ 44-2-103 Animals/Animal Husbandry -- Prevention and Treatment of Diseases -- prohibited acts ... 94

§ 44-2-104 Animals/Animal Husbandry -- Prevention and Treatment of Diseases -- penalties ............ 94

§ 44-2-105 Animals/Animal Husbandry -- Prevention and Treatment of Diseases -- Indemnity for

destroyed animals .............................................................................................................................. 94

§ 44-2-106 Animals/Animal Husbandry -- Prevention and Treatment of Diseases – federally accredited

veterinarians -- inspections, vaccinations and tests ............................................................................ 94

§ 44-2-402 Tennessee Garbage Feeding Law - definitions .................................................................. 94

§ 44-2-403 Tennessee Garbage Feeding Law - enforcement ............................................................... 95

§ 44-2-404 Tennessee Garbage Feeding Law - when feeding garbage to swine allowed ..................... 95

§ 44-2-405 Tennessee Garbage Feeding Law - rules and regulations .................................................. 95

§ 44-2-406 Tennessee Garbage Feeding Law - inspection of premises ................................................ 95

§ 44-2-407 Tennessee Garbage Feeding Law - penalty for violation ................................................... 95

§ 44-2-408 Tennessee Garbage Feeding Law - enjoining violations ..................................................... 95

§ 44-6-104 Commercial feed -- license requirement ........................................................................... 95

§ 44-6-105 Labeling ........................................................................................................................... 96

§ 44-6-106 Commercial feed -- misbranding ....................................................................................... 96

§ 44-6-107 Commercial feed -- adulteration ....................................................................................... 97

§ 44-6-108 Commercial feed -- prohibited acts ................................................................................... 98

§ 44-6-110 Commercial feed and pet food -- rules and regulations .................................................... 98

§ 44-6-111 Commercial feed -- inspection; sampling; analysis ............................................................ 98

§ 44-6-112 Commercial feed -- withdrawal, condemnation and confiscation orders .......................... 99

§ 44-6-113 Commercial feed -- penalties ......................................................................................... 100

§ 44-6-114 Commercial feed -- cooperation with other entities ...................................................... 100

§ 44-6-115 Commercial feed -- publications .................................................................................... 100

§ 44-7-101 Marks and brands of animals running at large ................................................................ 101

§ 44-7-102 Recording marks and brands .......................................................................................... 101

§ 44-7-103 Priority of marks and brands .......................................................................................... 101

§ 44-7-104 Horses and cattle to be branded ..................................................................................... 101

§ 44-7-105 Deciding dispute as to marks and brands ....................................................................... 101

§ 44-7-106 Neat cattle purchased to be branded anew upon purchase ............................................ 101

§ 44-7-107 Altering or defacing marks/brands results in forfeiture .................................................. 101

§ 44-7-108 Misbranding or mismarking results in forfeiture ............................................................. 101

§ 44-7-109 Marks and Brands -- inspection of records; recording fee ............................................... 101

§ 44-7-110 Record of livestock brands required ............................................................................... 101

§ 44-7-201 Brands -- definitions ...................................................................................................... 102

§ 44-7-202 Registration of brands by department of agriculture -- Fees -- Issuance of certificate ..... 102

§ 44-7-203 Copy of certificate evidence of registration .................................................................... 102

§ 44-7-204 Reregistration of brands periodically -- Fee -- Forfeiture upon failure ............................. 102

§ 44-7-205 Register of brands -- Publication ..................................................................................... 103

§ 44-7-206 Copies of register to be available for inspection ............................................................. 103

§ 44-7-207 Rules and regulations promulgated by commissioner ..................................................... 103

§ 44-7-208 Unlawful to use unregistered brand or deface brand ...................................................... 103

§ 44-7-209 Violation of this part a misdemeanor ............................................................................. 103

§ 44-7-301 Pedigreed jacks or bulls for breeding must be registered ................................................ 103

§ 44-7-302 Pedigrees to be posted ................................................................................................... 103

§ 44-7-303 False pedigree posted or recorded is a misdemeanor ..................................................... 103

§ 44-7-401 Certification of Livestock ................................................................................................ 103

§ 44-7-402 Certification of Livestock -- disposition of collected fees ................................................. 104

§ 44-7-403 Certification of Livestock -- Animal diagnostic laboratory; fees ...................................... 104

§ 44-8-101 Land in cultivation must be sufficiently fenced ............................................................... 104

§ 44-8-102 Various materials constituting sufficient fencing -- rules ................................................. 104

§ 44-8-103 Horses, cattle, and mules sufficiently fenced .................................................................. 105

§ 44-8-104 Paling and wire fence lawful ........................................................................................... 105

§ 44-8-105 Three-wire, plank, or slat fence a lawful fence ............................................................... 105

§ 44-8-106 Damages for trespass – determination; recovery ............................................................ 105

§ 44-8-107 Defense of insufficient of fence ...................................................................................... 106

§ 44-8-108 Injury to animals from insufficient fence ........................................................................ 106

§ 44-8-109 Notoriously mischievous stock to be confined ................................................................ 106

§ 44-8-110 Liability of owners of notoriously mischievous stock ...................................................... 106

§ 44-8-111 Stock liable to execution ................................................................................................ 106

§ 44-8-112 Pulling and leaving down fence, or opening and leaving open gate, a misdemeanor ...... 106

§ 44-8-201 Partition fence defined -- joining fences ......................................................................... 106

§ 44-8-202 Fences to be erected and maintained at joint expense ................................................... 106

§ 44-8-203 Damages for failure to maintain fence ............................................................................ 107

§ 44-8-204 Amount to pay for fence ................................................................................................ 107

§ 44-8-205 Judgment and execution ................................................................................................ 107

§ 44-8-206 Rebuilding or repairing fences ........................................................................................ 107

§ 44-8-207 Fees of court and fence reviewers .................................................................................. 107

§ 44-8-208 Fences not removed without six months' notice ............................................................. 107

§ 44-8-209 Removing fence without notice a misdemeanor -- damages ........................................... 107

§ 44-8-210 Disclaiming responsibility for fence erection -- definitions .............................................. 107

§ 44-8-301 Damages for failure to keep up fences, or for trespass ................................................... 108

§ 44-8-302 Common enclosure of lands under written agreements -- specifications ........................ 108

§ 44-8-303 Enclosures - force and binding power of agreement ....................................................... 109

§ 44-8-304 Enclosures - agreement if registered is binding on purchaser, his heirs and assigns ........ 109

§ 44-8-305 Liability of persons not parties to agreement for trespass by stock ................................. 109

§ 44-8-401 Livestock not to run at large -- punishment .................................................................... 109

§ 44-8-402 Lien for damages ............................................................................................................ 109

§ 44-8-408 Dogs not allowed at large – exception; penalties ............................................................ 109

§ 44-8-410 Bitches to be confined while proud ................................................................................ 111

§ 44-8-411 No liability for killing proud bitch at large ....................................................................... 111

§ 44-8-412 Violation of § 44-8-410 a misdemeanor .......................................................................... 111

§ 44-8-413 Civil liability for injury caused by dogs ............................................................................ 111

§ 44-10-202 Tennessee Livestock Dealer Act – part definitions ........................................................ 112

§ 44-10-203 Tennessee Livestock Dealer Act -- license required; fee ................................................ 112

§ 44-10-204 Tennessee Livestock Dealer Act -- powers and duties of commissioner ......................... 112

§ 44-10-205 Tennessee Livestock Dealer Act --license revocation or suspension; hearing; review .... 113

§ 44-10-206 Tennessee Livestock Dealer Act -- prohibited acts ........................................................ 113

§ 44-10-207 Tennessee Livestock Dealer Act – exemptions from law ............................................... 113

§ 44-10-208 Tennessee Livestock Dealer Act -- penalty for violations ............................................... 113

§ 44-10-209 Tennessee Livestock Dealer Act -- enjoining violations of law ....................................... 114

§ 44-11-101 Livestock sales – chapter definitions ............................................................................. 114

§ 44-11-102 Livestock sales -- license required; application .............................................................. 114

§ 44-11-103 Local regulation or prohibition of exhibition of livestock restricted .............................. 115

§ 44-11-104 Livestock sales -- issuance of license; fee ...................................................................... 115

§ 44-11-105 Livestock sales -- form of licenses; display; renewal ...................................................... 115

§ 44-11-106 Livestock sales -- refusal to grant or renew license; suspension or revocation; grounds;

notice and hearing; review ............................................................................................................... 115

§ 44-11-107 Livestock sales – sale of livestock; regulations governing; inspection; diseased animals 116

§ 44-11-108 Livestock sales – records of operator ............................................................................ 116

§ 44-11-109 Livestock sales – sale or traffic in livestock on public property near licensed premises

unlawful ........................................................................................................................................... 117

§ 44-11-110 Livestock sales – administration; personnel .................................................................. 117

§ 44-11-111 Livestock sales – license fees used in administration of chapter ................................... 117

§ 44-11-112 Livestock sales – rules and regulations ......................................................................... 117

§ 44-11-113 Livestock sales – inspections authorized ....................................................................... 117

§ 44-11-114 Livestock sales – certain businesses excepted ............................................................... 117

§ 44-11-115 Livestock sales – violations of chapter; penalty ............................................................ 117

§ 44-11-116 Livestock sales – injunction .......................................................................................... 118

§ 44-14-102 Sheep Producers' Indemnity Law – chapter definitions ................................................. 118

§ 44-14-103 Sheep Producers' Indemnity Law – who may organize .................................................. 118

§ 44-14-104 Sheep Producers' Indemnity Law – powers and limitations of association .................... 118

§ 44-14-105 Sheep Producers' Indemnity Law – members ............................................................... 119

§ 44-14-106 Sheep Producers' Indemnity Law – articles of incorporation ......................................... 119

§ 44-14-107 Sheep Producers' Indemnity Law –amendments to articles of incorporation ................ 120

§ 44-14-108 Sheep Producers' Indemnity Law – bylaws ................................................................... 120

§ 44-14-109 Sheep Producers' Indemnity Law – general and special meetings; calling notice ........... 121

§ 44-14-110 Sheep Producers' Indemnity Law – directors; election; compensation; vacancies ......... 121

§ 44-14-111 Sheep Producers' Indemnity Law – election of officers ................................................. 121

§ 44-14-112 Sheep Producers' Indemnity Law – bonding officers, employees, and agents ............... 121

§ 44-14-113 Sheep Producers' Indemnity Law – membership certification; issuance; voting; liability

........................................................................................................................................................ 122

§ 44-14-114 Sheep Producers' Indemnity Law – removal of officer or director ................................. 122

§ 44-14-115 Sheep Producers' Indemnity Law -- annual reports ....................................................... 122

§ 44-14-116 Sheep Producers' Indemnity Law -- conflicting laws not to apply .................................. 122

§ 44-14-117 Sheep Producers' Indemnity Law – application of general corporation laws ................. 122

§ 44-14-118 Sheep Producers' Indemnity Law -- filing fees ............................................................... 123

§ 44-15-101 Title – Purpose ............................................................................................................. 123

§ 44-15-102 Chapter definitions ....................................................................................................... 123

§ 44-15-103 State apiarist ................................................................................................................ 124

§ 44-15-104 Cooperative agreements .............................................................................................. 125

§ 44-15-105 Registration of apiaries ................................................................................................ 125

§ 44-15-106 Moveable frames ......................................................................................................... 125

§ 44-15-107 Inspection program ...................................................................................................... 125

§ 44-15-108 Sale or movement of bees ............................................................................................ 126

§ 44-15-109 Duty to report disease or pest -- Authority to inspect ................................................... 126

§ 44-15-110 Quarantine – Unlawful to expose free-flying honeybees to disease, pest, or any substance

known to kill bees ............................................................................................................................ 126

§ 44-15-111 Certification program ................................................................................................... 127

§ 44-15-112 Used beekeeping equipment ........................................................................................ 127

§ 44-15-113 Entry permit -- Inspection certificates ........................................................................... 127

§ 44-15-114 Penalty ......................................................................................................................... 127

§ 44-15-115 Disposition of funds ..................................................................................................... 128

§ 44-15-116 Experimental apiaries ................................................................................................... 128

§ 44-15-117 Disposition of confiscated bees and beehives ............................................................... 128

§ 44-15-118 Preventive measures .................................................................................................... 128

§ 44-15-119 Unlawful activities ........................................................................................................ 128

§ 44-15-120 Honey storage and handling ......................................................................................... 128

§ 44-15-121 Previous rules and regulations revoked -- Authority to promulgate new rules .............. 128

§ 44-15-122 Charges ........................................................................................................................ 129

§ 44-15-123 Indemnity for destruction ............................................................................................ 129

§ 44-15-124 Restrictions on keeping honeybees in hives .................................................................. 129

§ 44-15-125 Liability for personal injury or property damage ........................................................... 129

§ 44-16-101 Hatchery and baby chick inspection service -- rules and regulations; trademarks;

inspection fees ................................................................................................................................. 129

§ 44-16-102 Certification as accredited flock and hatchery .............................................................. 129

§ 44-16-103 Inspector of poultry flocks, hatcheries, and baby chicks – assistants; compensation ..... 129

§ 44-16-104 Inspection fees paid into state treasury for expenses -- surplus for poultry education and

investigation .................................................................................................................................... 130

§ 44-16-201 Hatchery -- license required ......................................................................................... 130

§ 44-16-203 Hatchery -- duties of licensees ..................................................................................... 130

§ 44-16-204 Hatchery -- access to premises; enforcement by commissioner ................................... 130

§ 44-16-205 Hatchery -- part definitions .......................................................................................... 130

§ 44-16-206 Hatchery -- application of law ...................................................................................... 130

§ 44-16-207 Hatchery – violation a misdemeanor; revocation of license .......................................... 130

§ 44-17-101 Dog and Cat Dealers -- purpose of part ......................................................................... 131

§ 44-17-102 Dog and Cat Dealers – part definitions .......................................................................... 131

§ 44-17-103 Dog and Cat Dealers - Sale or transportation of dogs or cats to research facilities by

dealers without license prohibited ................................................................................................... 131

§ 44-17-104 Dog and Cat Dealers -- applications for license; fee ...................................................... 131

§ 44-17-105 Dog and Cat Dealers – issuance of dealer's license; requirements ................................. 132

§ 44-17-106 Dog and Cat Dealers -- annual renewal of license; fee ................................................... 132

§ 44-17-107 Dog and Cat Dealers -- revocation or suspension of dealer's license; grounds; hearing;

appeal .............................................................................................................................................. 133

§ 44-17-108 Dog and Cat Dealers -- semi-annual reports to commissioner ...................................... 133

§ 44-17-109 Dog and Cat Dealers -- registration of research facilities with commissioner ................ 133

§ 44-17-110 Dog and Cat Dealers -- identification of dogs and cats delivered to research facilities ... 133

§ 44-17-111 Dog and Cat Dealers -- records of research facilities and dealers .................................. 134

§ 44-17-112 Dog and Cat Dealers -- sales of dogs and cats to research facilities; restrictions ............ 134

§ 44-17-113 Dog and Cat Dealers -- bills of sale evidencing purchase of dogs or cats by dealers or

research facilities ............................................................................................................................. 134

§ 44-17-114 Dog and Cat Dealers -- time dealers must hold dogs and cats after acquisition ............. 134

§ 44-17-115 Dog and Cat Dealers -- authority of commissioner to inspect premises of dealers or

research facilities; inspection of conveyances; rules and regulations regarding inspection ............... 134

§ 44-17-116 Dog and Cat Dealers -- violations of provisions a misdemeanor .................................... 135

§ 44-17-117 Dog and Cat Dealers -- construction and enforcement of provisions ............................. 135

§ 44-17-118 Dog and Cat Dealers -- rules and regulations ................................................................ 135

§ 44-17-119 Dog and Cat Dealers -- supplemental provisions ........................................................... 135

§ 44-17-120 Dog and Cat Dealers -- destruction of dog causing death or serious injury to human --

notice to dog's owner ....................................................................................................................... 135

§ 44-17-121 Dogs and Cat Dealers -- confiscation of animals ............................................................ 135

§ 44-17-122 Dogs and Cat Dealers-- cooperation with local and federal authorities ......................... 135

§ 44-17-201 Dogs killing livestock -- owners of dogs are liable for livestock killed ............................ 136

§ 44-17-202 Dogs killing livestock -- ignorance of dog's habits is no defense .................................... 136

§ 44-17-203 Dog killing livestock -- no damages recoverable for killing or injuring such dog ............. 136

§ 44-17-301 Non-livestock Animal Human Death Act--Short title ..................................................... 136

§ 44-17-302 Non-livestock Animal Humane Death Act -- application ................................................ 136

§ 44-17-303 Non-livestock Animal Humane Death Act -- methods allowed ...................................... 136

§ 44-17-304 Non-livestock Animal Humane Death Act -- minimum holding time before an animal may

be euthanized - emergency exception ............................................................................................. 137

§ 44-17-401 Electronic locating collars ............................................................................................. 138

§ 44-17-402 Retrieval of hunting dogs from federal property operated by wildlife resources agency138

§ 44-17-403 Death of pet caused by negligent act of another -- damages ......................................... 138

§ 44-17-404 Recovery for death or injury to guide dogs ................................................................... 138

§ 44-17-501 Tennessee Spay/Neuter Law—Short title ..................................................................... 139

§ 44-17-502 Tennessee Spay/Neuter Law – requirement for adoption ............................................. 139

§ 44-17-503 Tennessee Spay/Neuter Law – deposit; forfeiture of deposit; use of forfeited deposit . 139

§ 44-17-504 Tennessee Spay/Neuter Law – petition for compliance ................................................ 140

§ 44-17-505 Spay/Neuter Law – dogs or cats claimed by owner ....................................................... 140

§ 44-17-601 Dogs and cats -- "chemical capture” defined; authorized drugs; administration of drugs

........................................................................................................................................................ 140

§ 44-18-101 Feedlots, Dairy Farms and Poultry Production -- definitions ......................................... 140

§ 44-18-102 Nuisance action or proceeding against feedlot, dairy farm or poultry production house

........................................................................................................................................................ 141

§ 44-18-103 Applicability of rules of department to feedlots, dairy farms, and poultry houses ........ 142

§ 44-18-104 Feedlots, dairy farms, and poultry houses -- applicability of zoning requirements and

regulations ....................................................................................................................................... 142

§ 44-19-102 Legislative declaration .................................................................................................. 143

§ 44-19-103 Chapter definitions ....................................................................................................... 143

§ 44-19-104 Actions not illegal or in restraint of trade ..................................................................... 144

§ 44-19-105 Referendum on assessment authorized ........................................................................ 144

§ 44-19-106 Petition for assessment ................................................................................................ 144

§ 44-19-107 Consideration and certification of petition ................................................................... 144

§ 44-19-108 Filing of petition -- Effect of referendum ....................................................................... 144

§ 44-19-109 Conducting of referendum -- Voting -- Qualifications .................................................... 144

§ 44-19-110 Supervision and cost of referendum ............................................................................. 145

§ 44-19-111 Notice of referendum and assessment -- Ballots ........................................................... 145

§ 44-19-112 Distribution of ballots -- Declaration of results ............................................................. 145

§ 44-19-113 Implementation of results -- Imposition, notice and disposition of assessment ............ 145

§ 44-19-114 Tennessee dairy promotion committee ........................................................................ 145

§ 44-19-115 Refund of promotion money ........................................................................................ 146

§ 44-19-116 Deposits -- Disbursements ............................................................................................ 146

§ 44-19-117 Investments -- Use of funds .......................................................................................... 147

§ 44-19-118 Change or termination of assessment -- Petition -- Referendum ................................... 147

§ 44-19-119 Reports -- Information -- Audits .................................................................................... 147

§ 44-19-120 Promulgation of rules and regulations .......................................................................... 147

§ 44-19-121 Orders and injunctions restraining violations -- Unpaid assessments ............................ 147

§ 44-19-122 Termination of assessments and chapter ..................................................................... 148

§ 44-20-101 Equine activities -- legislative findings and intent ......................................................... 148

§ 44-20-102 Equine activities -- definitions ...................................................................................... 148

§ 44-20-103 Equine activities -- limitation on liability for injury or death of participant ................... 149

§ 44-20-104 Equine activities – applicability; where liability not prevented or limited ..................... 149

§ 44-20-105 Equine activities – warning signs and notice required ................................................... 150

§ 44-21-101 Definitions ................................................................................................................... 150

§ 44-21-102 No liability for inherent risks of bovine activities .......................................................... 150

§ 44-21-103 Bovine owner activities that preclude limitations on liability ........................................ 150

§ 44-21-104 Warning Signs .............................................................................................................. 151

§ 49-6-4208 School Security Act of 1981 -- use of animals ................................................................ 151

§ 49-8-106 Reserve officer training .................................................................................................. 151

§ 53-3-119 Use of milk from hoofed mammal for owner's personal consumption or use – Safe milk-

handling course – Cooperative agricultural extension funding – Records – Penalty. .......................... 151

§ 53-7-302 Part definitions .............................................................................................................. 152

§ 53-7-303 Administration -- Detention, quarantine and destruction of affected animals and animal

products ........................................................................................................................................... 152

§ 53-7-304 Right of entry for examination purposes ........................................................................ 152

§ 53-7-305 Authority of commissioner to promulgate tolerance regulations .................................... 152

§ 53-7-306 Violation of provisions -- Penalties ................................................................................. 152

§ 53-7-307 Injunctive relief .............................................................................................................. 153

§ 55-4-317 Animal friendly license plates ......................................................................................... 153

§ 55-8-101 Rules of the Road -- definitions ...................................................................................... 154

§ 55-8-105 Persons riding animals or driving animal-drawn vehicles ................................................ 154

§ 55-8-178 Regulations governing nonmotor vehicles and animals -- Penalty ................................... 154

§ 55-8-179 Use of raised identifying cane or blaze orange dog leash restricted to blind or deaf persons

........................................................................................................................................................ 155

§ 55-8-180 Pedestrians led by guide dog or carrying identifying cane given right of way; penalty .... 155

§ 56-2-201 Definitions of kinds of insurance .................................................................................... 155

§ 56-7-2101 Pet Insurance -- "Pet" defined ...................................................................................... 156

§ 56-7-2102 Pet Insurance -- policies or contracts ............................................................................ 156

§ 56-7-2103 Pet Insurance -- disclosure ............................................................................................ 156

§ 62-3-132 Animals permitted in barbershops ................................................................................. 156

§ 62-7-112 Dog guide to be admitted; penalties ............................................................................... 156

§ 62-19-103 Requirements for Auctioneers -- exemptions ............................................................... 157

§ 62-19-111 Auctioneers -- general licensing provisions ................................................................... 157

§ 63-12-102 Tennessee Veterinary Practice Act of 1967 -- purpose .................................................. 158

§ 63-12-103 Tennessee Veterinary Practice Act of 1967 – definitions ............................................... 158

§ 63-12-112 Tennessee Veterinary Practice –qualifications or applicants ......................................... 160

§ 63-12-113 Tennessee Veterinary Practice – temporary licenses .................................................... 161

§ 63-12-118 Veterinary wellness committees .................................................................................. 162

§ 63-12-119 Penalty for unlicensed practice ..................................................................................... 162

§ 63-12-124 Denial, suspension or revocation of veterinary license; investigation; immunity of

informants ....................................................................................................................................... 162

§ 63-12-128 Disciplinary orders against violators; judicial review ..................................................... 164

§ 63-12-129 Tennessee Veterinary Practice Act of 1967 -- enforcement ........................................... 164

§ 63-12-130 Tennessee Veterinary Practice Act -- prosecution of violators ...................................... 165

§ 63-12-131 Criminal law and procedure; false personation ............................................................. 165

§ 63-12-132 Tennessee Veterinary Practice Act -- enjoining violations ............................................. 165

§ 63-12-133 Tennessee Veterinary Practice Act of 1967 -- exemptions ............................................. 165

§ 63-12-134 Lien for services ........................................................................................................... 166

§ 63-12-135 Licensed veterinary technicians -- unauthorized practice .............................................. 167

§ 63-12-137 Veterinary practice must be owned by veterinarian; exemptions ................................. 168

§ 63-12-138 Veterinary Practice -- peer review; committees; immunity; confidentiality of information

........................................................................................................................................................ 168

§ 63-12-139 Veterinary Practice – premises permits ........................................................................ 169

§ 63-12-140 Veterinary Practice – penalty for operation without permit prohibited; penalty .......... 171

§ 63-12-141 Veterinary Practice – euthanasia of animals; certificate; fees; penalty ......................... 171

§ 63-12-142 Immunity for certain emergency treatment .................................................................. 171

§ 63-12-144 Certificate authorizing chemical capture of animals by certified animal chemical capture

technicians – protocol; offense; certification course ......................................................................... 172

§ 65-6-301 Railroads – cattle guards on unfenced track ................................................................... 173

§ 65-6-302 Railroads – enlargement of unfenced area ..................................................................... 173

§ 65-6-303 Railroads – penalty for noncompliance ........................................................................... 173

§ 65-12-108 Railroads –precautions required for prevention of accidents ......................................... 173

§ 65-12-109 Railroads -- violation of § 65-12-108 is negligence per se .............................................. 174

§ 65-12-114 Railroads -- standard of care required when livestock on tracks ................................... 174

§ 65-15-309 Nondiscrimination policy -- Accommodation of service animals -- ................................ 174

§ 66-7-104 Physically disabled persons' access to housing accommodations .................................... 174

§ 66-7-106 Leasing to blind persons ................................................................................................. 174

§ 66-7-111 Exception to policy prohibiting or limiting, or requiring payment for, animals or pets for

tenant or prospective tenant with disability who requires use of service animal or support animal . 175

§ 66-20-101 Liens on animals -- pasturage lien ................................................................................. 176

§ 66-20-102 Liens on animals -- lien on female for service of male ................................................... 176

§ 66-20-103 Liens on animals -- livery stable keeper's lien ............................................................... 176

§ 66-20-104 Liens on animals -- lien on offspring for service of male ................................................ 176

§ 66-20-105 Duration of lien on offspring ........................................................................................ 176

§ 66-20-106 Commercial feed lot proprietors' and operators' lien ................................................... 176

§ 66-20-107 Lien on female and offspring for artificial insemination ................................................ 176

§ 66-28-406 Exception to policy prohibiting or limiting, or requiring payment for, animals or pets for

tenant or prospective tenant with disability who requires use of service animal or support animal . 177

§ 66-28-505 Noncompliance by tenant — Failure to pay rent (relevant subsection) ......................... 178

§ 67-4-409 Recordation tax .............................................................................................................. 178

§ 67-4-708 Business Tax Act – classifications .................................................................................... 189

§ 67-4-712 Exemptions .................................................................................................................... 190

§ 67-4-2008 Excise Tax Law of 1999 – exemption if 66.7% of an entity’s activity is farming .............. 191

§ 67-5-212 Property Tax – exemptions- religious, charitable, scientific, educational institutions -

Assessment Act ................................................................................................................................ 192

§ 67-5-216 Property Tax - exemption - growing of crops (relevant portion) ...................................... 196

§ 67-6-301 Sales and Use Taxes – exemptions — agricultural products ............................................ 196

§ 67-6-330 Sales and Use Taxes – amusement tax exemptions ........................................................ 197

§ 68-1-101 Department of Health -- department organized into divisions; expedited issuance of

license (relevant portion) ................................................................................................................. 198

§ 68-1-201 Department of Health -- power to quarantine ................................................................ 199

§ 68-2-601 County Board of Health – members; powers and duties ................................................. 199

§ 68-2-602 Violations of rules and regulations of county board – penalty ........................................ 200

§ 68-2-603 County health department – establishing; director; health officer ................................. 200

§ 68-8-102 Tennessee Anti-Rabies Law – definitions ........................................................................ 201

§ 68-8-103 Anti-Rabies Law – vaccination; certificate and tags; frequency ....................................... 202

§ 68-8-104 Anti-Rabies Law – registration of vaccinated cats and dogs may be required; registration

fees, use of ....................................................................................................................................... 203

§ 68-8-105 Anti-Rabies Law – exempt programs .............................................................................. 203

§ 68-8-106 Anti-Rabies Law – tag to be issued upon vaccination ...................................................... 203

§ 68-8-107 Anti-Rabies Law - Seizure of dogs/cats running at large -- Notification of seized animals --

Redemption by owner -- Vaccination requirement. .......................................................................... 203

§ 68-8-108 Anti-Rabies Law – not to interfere with transportation of confined dogs and cats through

the state ........................................................................................................................................... 204

§ 68-8-109 Anti-Rabies Law – confined observation or quarantine period after biting a person;

investigation .................................................................................................................................... 204

§ 68-8-110 Anti-Rabies Law - Offense of hiding or concealing animal in violation of this chapter. .... 204

§ 68-8-111 Limit on veterinarian’s liability for participation in anti-rabies program ......................... 204

§ 68-8-112 Anti-Rabies Law – rules and regulations ......................................................................... 205

§ 68-8-113 Anti-Rabies Law – violations ........................................................................................... 205

§ 68-131-102 Tennessee Hazardous Substances Act – part definitions ............................................ 205

§ 68-131-106 Tennessee Hazardous Substances Act – injunction proceedings ................................. 209

§ 68-131-113 Tennessee Hazardous Substances Act – bittering agent added to antifreeze or engine

coolant; liability; construction regarding sale of motor vehicle; violations; selection of alternative

bittering agent ................................................................................................................................. 209

§ 70-1-101 Wildlife Resources – title definitions; construction of dates and provisions .................... 210

§ 70-1-102 Fees and penalties set by law ......................................................................................... 213

§ 70-1-103 Wildlife Resources -- assaulting or interfering with agency employee; penalty ............... 213

§ 70-1-104 Wildlife Resources -- accessory to violation of wildlife laws and regulations punishable as

principal ........................................................................................................................................... 213

§ 70-1-105 Wildlife Resources -- Notification of potential water quality violation regarding agricultural

property. .......................................................................................................................................... 213

§ 70-1-201 Fish and Wildlife Commission – creation; appointment of members; terms .................... 213

§ 70-1-206 Fish and Wildlife Commission – duties and functions ..................................................... 214

§ 70-1-301 Wildlife Resources Agency – creation; statement of policy ............................................ 215

§ 70-1-302 Wildlife Resources Agency – duties and functions; agency advertising ........................... 215

§ 70-1-310 Submission of fine in lieu of court appearance -- Arrest or judgment of forfeiture possible

........................................................................................................................................................ 218

§ 70-1-311 Qualifications for position of wildlife officer ................................................................... 218

§ 70-1-401 Wildlife resources fund established ................................................................................ 219

§ 70-1-501 Wildlife management endowment fund established ...................................................... 219

§ 70-2-101 Wildlife Resources – taking wildlife without license; migratory waterfowl stamps; licenses

nontransferable; revocation or suspension; penalties. ..................................................................... 219

§ 70-2-102 Wildlife Resources – licensing requirement; penalty ...................................................... 220

§ 70-2-103 Exception to licensing requirement; military personnel on furlough ............................... 220

§ 70-2-104 Wildlife Resources – persons entitled to reduced license without fee or at reduced fee –

Designation of assistant penalty for false information; imposition of fee ......................................... 220

§ 70-2-108 Wildlife Resources - hunter education course ................................................................. 223

§ 70-2-201 Resident license fees and requirements ......................................................................... 224

§ 70-2-204 Hunting and fishing on farmland — License exemption to owners, tenants, and specified

spouses and relatives — Proof of compliance. .................................................................................. 225

§ 70-2-205 Commercial fishing and musseling .................................................................................. 226

§ 70-2-208 Fur dealers -- license requirements -- regulation of pelts -- penalties .............................. 227

§ 70-2-209 Unlicensed possession and traffic in hides or pelts; penalty ........................................... 228

§ 70-2-212 Stocking of wildlife – inspections; charges ...................................................................... 228

§ 70-2-213 Permits for scientific purposes; reports required; penalty for violation .......................... 228

§ 70-2-214 Training of hunting dogs -- license requirements; regulation of field trials -- penalty for

violations ......................................................................................................................................... 228

§ 70-2-215 Taxidermist permits -- Report of work; Penalty for violations ......................................... 228

§ 70-2-219 Permits for hunting or fishing in designated areas -- Trout fishing in premiere tourist resort

cities -- disposition of funds from Reelfoot preservation permits -- Privileges of senior citizen permit

holders -- Special elk-take permit. .................................................................................................... 229

§ 70-2-220 Permits for pearl culturing ............................................................................................. 230

§ 70-2-221 Fish dealers license – requirements; fees; penalties ....................................................... 230

§ 70-2-222 Freshwater mussels – purchase; payment; penalty ......................................................... 231

§ 70-2-301 Promotion of commercial fishing .................................................................................... 231

§ 70-2-302 Approval from the Convention for the International Trade of Endangered Species (CITES)

........................................................................................................................................................ 231

§ 70-2-303 Resident preference in licensing – nets; study plan ........................................................ 231

§ 70-2-304 Commercial fishing advisory committee ......................................................................... 232

§ 70-4-101 Ownership and title to wildlife vested in the state ......................................................... 232

§ 70-4-102 Illegal taking, possession or destruction of wildlife; penalty for violations ...................... 232

§ 70-4-103 Fox hunting -- training of hunting dogs -- penalty ........................................................... 232

§ 70-4-104 Catching or killing fish; fishing regulations ...................................................................... 233

§ 70-4-105 Lawful possession of wildlife by license holders ............................................................. 233

§ 70-4-106 Permission of owner of land to take wildlife or big game required – penalty for violations

........................................................................................................................................................ 233

§ 70-4-107 Hunting and fishing seasons -- bag and creel limits; nonprotected wildlife ..................... 234

§ 70-4-108 Hunting from or across public road or near dwelling – penalty ....................................... 235

§ 70-4-109 Hunting from aircraft, watercraft or motor vehicles unlawful; exception for persons

confined to wheelchairs; penalty ...................................................................................................... 235

§ 70-4-110 Spotlighting deer – penalty ............................................................................................ 236

§ 70-4-111 Hunting or killing any big game during closed season -- penalty ..................................... 236

§ 70-4-112 Hunting and chasing coons regulated; training season; violations; penalties .................. 236

§ 70-4-113 Use of bait, pitfalls and certain other devices in taking birds and animals prohibited --

penalty -- exceptions. ....................................................................................................................... 237

§ 70-4-114 Destruction of dens or nests, spotlighting, and use of spears, explosives, chemicals or

other devices unlawful; penalty ....................................................................................................... 237

§ 70-4-115 Destruction and disposal of wildlife – permit; penalty .................................................... 238

§ 70-4-116 Hunting, killing and possession of deer, bear, wild elk and wild turkey ........................... 238

§ 70-4-117 Possession of weapons in areas inhabited by big game; penalty ..................................... 240

§ 70-4-118 Unlawful to hunt deer being chased by dogs or to permit dogs to hunt deer or chase deer –

confiscation of dogs; penalties ......................................................................................................... 240

§ 70-4-119 Taking of aquatic animal life other than game fish -- possession of commercial fishing gear

on contaminated waters -- use of explosives, electrical devices or poisons in taking fish – penalties. 241

§ 70-4-120 Trapping, snaring or baiting regulations -- penalties for violations -- snare traps -- use of

tamed quail to train bird dogs .......................................................................................................... 242

§ 70-4-121 United States fish and wildlife service exempt from game laws ...................................... 243

§ 70-4-122 Coon dog training ........................................................................................................... 243

§ 70-4-123 Hunting with bow and arrow prohibited while in possession of firearms or accompanied

by a person in possession of firearms; penalty ................................................................................. 245

§ 70-4-124 Wearing daylight fluorescent orange while hunting big game required; penalty ............. 245

§ 70-4-125 Causing death to wildlife, hunting dog or domestic animal by poisonous substance

prohibited ........................................................................................................................................ 245

§ 70-4-126 Use of electronic or battery operated device to lure or kill a fox prohibited; penalty ...... 245

§ 70-4-127 Dove-baiting prohibited ................................................................................................. 246

§ 70-4-128 Posting notice of dove-baiting ........................................................................................ 246

§ 70-4-129 Sale of fish and wildlife by charitable organizations ....................................................... 246

§ 70-4-130 Albino deer .................................................................................................................... 247

§ 70-4-131 Possession of fish or wildlife illegally acquired, taken or transported from state or country

of origin ........................................................................................................................................... 247

§ 70-4-132 Walleye and crappie in restaurants ................................................................................ 247

§ 70-4-133 Wild-appearing swine .................................................................................................... 247

§ 70-4-134 Availability of self-defense to person charged with taking, attempting to take, or harming

wild animal ...................................................................................................................................... 248

§ 70-4-201 Possession of or traffic in protected wildlife illegal – exception; penalty ........................ 248

§ 70-4-202 Use or possession of wildlife, hides or parts thereof illegally taken unlawful .................. 249

§ 70-4-203 Transportation of protected game or fish out of the state -- duty of transporters; penalties

........................................................................................................................................................ 249

§ 70-4-204 Cold storage of wildlife -- Penalty for violations ............................................................. 249

§ 70-4-205 Use of state-controlled water areas and land bordering thereon .................................... 250

§ 70-4-206 Pollution of waters -- Penalty for violations – Nuisance .................................................. 250

§ 70-4-207 Defacing and destroying notice of commission or agency -- penalty ............................... 250

§ 70-4-208 Unlawful importation of skunks -- penalty ..................................................................... 250

§ 70-4-209 Purchase or sale of red fox hides, furs or pelts ................................................................ 251

§ 70-4-210 Deer hides; Squirrel pelts and tails. ................................................................................ 251

§ 70-4-211 Nets and other fishing equipment near mouth of watercourse -- penalty ....................... 251

§ 70-4-301 Hunter Protection Act – part definitions ......................................................................... 251

§ 70-4-302 Hunter Protection Act – violations; penalty .................................................................... 251

§ 70-4-303 Hunter Protection Act -- injunctions -- damages -- construction ...................................... 252

§ 70-4-401 Exotic Animals – prohibited acts ..................................................................................... 252

§ 70-4-402 Exotic Animals – part definitions .................................................................................... 252

§ 70-4-403 Classifications of wildlife ................................................................................................ 253

§ 70-4-404 Permits – fees ................................................................................................................ 254

§ 70-4-405 Housing and transportation of wildlife – requirements .................................................. 256

§ 70-4-406 Liability for escape; limitation of state's liability ............................................................ 258

§ 70-4-407 Transfer of Class I wildlife -- notification ......................................................................... 258

§ 70-4-408 Owners of unpermitted wildlife -- disposition of such wildlife ........................................ 259

§ 70-4-409 Inspections ..................................................................................................................... 259

§ 70-4-410 Propagation of Class I or Class II wildlife – permit required ............................................. 259

§ 70-4-411 Importation of wildlife – permits; papers ....................................................................... 259

§ 70-4-412 Release of wildlife .......................................................................................................... 260

§ 70-4-413 Private wildlife preserves -- hunting ............................................................................... 260

§ 70-4-414 Raptors -- falconry permit .............................................................................................. 260

§ 70-4-415 Authority of officers of agency – violations; penalties; forfeitures .................................. 260

§ 70-4-416 Notification of escape, injuries ....................................................................................... 261

§ 70-4-417 Cost of administration .................................................................................................... 261

§ 70-4-418 Implantation of microchips in Class I carnivores ............................................................. 261

§ 70-4-501 Computer-Assisted Hunting -- part definition ................................................................. 261

§ 70-4-502 Computer-Assisted Hunting -- prohibition ...................................................................... 262

§ 70-4-503 Computer-Assisted Hunting -- exceptions ....................................................................... 262

§ 70-4-504 Computer-Assisted Hunting -- violations ........................................................................ 262

§ 70-5-101 Establishment of hunting areas, refuges, and wildlife management areas -- prohibited acts

........................................................................................................................................................ 262

§ 70-5-105 Dedication of property for preserves by governor .......................................................... 263

§ 70-5-106 Establishment of fish preserves – power of commission; penalty for violations .............. 264

§ 70-5-108 Acquisition of game and fish rights on private property -- nature of rights acquired; penalty

for violation ..................................................................................................................................... 264

§ 70-5-109 Posting notices of rules and regulations ......................................................................... 264

§ 70-5-111 Federal wildlife refuges within state -- Federal aid for wildlife and fish restoration and

management projects ...................................................................................................................... 264

§ 70-6-101 Enforcement authority -- inspection of game; penalty for refusing to allow inspection --

regulations ....................................................................................................................................... 265

§ 70-6-102 Each unlawful taking and device deemed separate offense -- penalty ............................ 266

§ 70-6-103 Penalties for violation of this title .................................................................................. 266

§ 70-6-104 Trial for violations -- jurisdiction -- appeals ..................................................................... 266

§ 70-6-105 Mistake of fact not a defense ......................................................................................... 266

§ 70-6-201 Confiscation and disposal of wildlife and other articles illegally taken or used ............... 266

§ 70-6-202 Property used in violation of §§ 70-4-116 -- 70-4-118 declared contraband -- seizure and

sale .................................................................................................................................................. 267

§ 70-7-102 Landowner's duty of care ............................................................................................... 268

§ 70-7-105 Waiver of landowner's duty of care ................................................................................ 268

§ 70-8-102 Tennessee Nongame and Endangered or Threatened Wildlife Species Conservation Act –

declaration of policy ......................................................................................................................... 268

§ 70-8-103 Tennessee Nongame and Endangered or Threatened Wildlife Species Conservation Act –

part definitions ................................................................................................................................ 268

§ 70-8-104 Tennessee Nongame and Endangered or Threatened Wildlife Species Conservation Act –

nongame species; promulgation regulations -- prohibited acts ......................................................... 269

§ 70-8-105 Tennessee Nongame and Endangered or Threatened Wildlife Species Conservation Act –

endangered or threatened species list .............................................................................................. 270

§ 70-8-106 Tennessee Nongame and Endangered or Threatened Wildlife Species Conservation Act –

management programs -- exceptions to regulations ......................................................................... 270

§ 70-8-107 Tennessee Nongame and Endangered or Threatened Wildlife Species Conservation Act –

rulemaking authority ........................................................................................................................ 271

§ 70-8-108 Tennessee Nongame and Endangered or Threatened Wildlife Species Conservation Act –

penalties for violations -- searches and seizures – forfeitures – Exception for black vultures ............ 271

§ 70-8-109 Tennessee Nongame and Endangered or Threatened Wildlife Species Conservation Act –

construction of provisions; importation from other states; validity and application of part .............. 272

§ 70-8-110 Tennessee Nongame and Endangered or Threatened Wildlife Species Conservation Act –

funding; donations ........................................................................................................................... 272

§ 70-8-111 Tennessee Nongame and Endangered or Threatened Wildlife Species Conservation Act –

authorization to enter agreements ................................................................................................... 273

§ 70-8-112 Tennessee Nongame and Endangered or Threatened Wildlife Species Conservation Act –

species similar to endangered species .............................................................................................. 273

APPENDIX ONE: Resources ............................................................................................................... 276

APPENDIX TWO: The Federal Court System: Functions & Jurisdictions .............................................. 280

APPENDIX THREE: Federal Animal Protection Statutes ..................................................................... 282

APPENDIX FOUR: TN Court System: Functions and Jurisdictions ....................................................... 286

APPENDIX FIVE: Tennessee Sentencing Guidelines ........................................................................... 289

APPENDIX SIX: Where We Have Been & Where We Are Going .......................................................... 318

Order Form ...................................................................................................................................... 345

§ 4-3-203 Department of Agriculture powers and duties

The department of agriculture has the power to:

(1) Encourage and promote, in every practicable manner, the interests of agriculture,

including horticulture, livestock industry, dairying, poultry raising, beekeeping,

production of wool and other allied industries;

(2) Promote and improve methods of conducting agricultural industries, with a view to

increasing the production, and facilitating the distribution, of products at minimum cost;

(3) Collect, publish and distribute statistics relating to crop production and marketing of

beef, pork, poultry, fish, mutton, wool, butter, cheese and other agricultural products,

so far as such statistical information may be of value to the agricultural and allied

interests of the state;

(4) Inquire into the cause of contagious, infectious and communicable diseases among

domestic animals, and the means for the prevention and cure of the same;

(5) Assist, encourage and promote the organization of farmers' institutes, horticultural and

agricultural societies, the holding of fairs, stock shows or other exhibits of the products

of agriculture;

(6) Cooperate with producers and consumers in devising and maintaining economical and

efficient systems of distribution, and to aid in whatever way may be consistent or

necessary in accomplishing the reduction of waste and expenses in marketing;

(7) Cooperate with the agricultural college, the experiment stations of the state university

and the federal government;

(8) Enter and inspect any rights-of-way of any highway, railway, field, orchard, nursery,

fruit packing house, storeroom, depot or other place where fruits are grown or stored,

and inspect fruits, trees, plants, vines, shrubs or other articles within the state, and if

such plant life is infected with pests or with their eggs or larvae, or with any contagious

disease injurious to plant life, abate the same as a nuisance;

(9) Enforce all of the penal and regulatory laws of the state in the same manner and with

like authority as the sheriffs of the counties; and

(10)

(A) Promulgate rules and regulations necessary to effectuate the purposes, duties and

responsibilities of the department. Such rules and regulations shall be promulgated

in accordance with the provisions of the Uniform Administrative Procedures Act,

compiled in chapter 5 of this title, except as otherwise provided by law.

(B) The enactment of a federal declaration of an extraordinary emergency or issuance

of an emergency federal order or similar federal enactment that relates to the

spread of plant or animal disease, the spread of pests from state to state, the

protection of the food or feed supply, or that otherwise relates matters generally

regulated by the department shall be deemed to constitute sufficient evidence of an

immediate danger to the public health, safety or welfare of such a nature to justify

the enactment of emergency rules for purposes of § 4-5-208(a).

§ 4-3-610 Acquiring dogs for detection of drugs

(a) The state of Tennessee, acting though the commissioner and department of

correction, is authorized to assist counties and municipalities in acquiring dogs trained

to detect marijuana and other illicit substances for use in jails and workhouses for the

purposes set out in § 41-1-118.

(b) Sheriffs, police chiefs and other local law enforcement officials are encouraged to

utilize the dogs provided for in subsection (a).

§ 4-5-208 Emergency rules

(a) An agency may, upon stating its reasons in writing for making such findings, proceed

without prior notice or hearing to adopt an emergency rule, if the agency finds that:

(1) An immediate danger to the public health, safety or welfare exists, and the nature of

this danger is such that the use of any other form of rulemaking authorized by this

chapter would not adequately protect the public;

(2) The rule only delays the effective date of another rule that is not yet effective;

(3) It is required by the constitution or court order;

(4) It is required by an agency of the federal government and adoption of the rule

through ordinary rulemaking procedures described in this chapter might jeopardize

the loss of a federal program or funds; or

(5) The agency is required by an enactment of the general assembly to implement

rules within a prescribed period of time that precludes utilization of rulemaking

procedures described elsewhere in this chapter for the promulgation of permanent

rules.

(b) The emergency rule shall become effective immediately, unless otherwise stated in the

rule, upon a copy of the rule and a copy of the written statement of the reasons for the

rule being filed with the secretary of state. The emergency rule may be effective for a

period of not longer than one hundred eighty (180) days. An agency shall not adopt

the same or a substantially similar emergency rule within one (1) calendar year from

its first adoption, unless the agency clearly establishes that it could not reasonably be

foreseen during the initial one hundred eighty-day period that the emergency would

continue or would likely recur during the next nine (9) months. The adoption of the

same or substantially similar rule through ordinary rulemaking procedures authorized

by this chapter shall not be precluded by this section.

affected by the rules. The secretary of state shall post the emergency rule filing to the

administrative register web site within two (4) business days of filing. An emergency

rule filing shall remain on the administrative register website until the filing expires. The

secretary of state shall update relevant rules to reflect the filing and the expiration of

emergency rules.

(d) In any action contesting a rule adopted in reliance upon this section, the burden of

persuasion shall be upon the agency to demonstrate that the rule meets the criteria

established by this section.

(e) An agency's finding of an emergency pursuant to this section shall not be based upon

the agency's failure to timely process and file rules through the normal rulemaking

process.

§ 4-7-106 (Tennessee Highway Patrol) Enforcement of animal disease laws

(a) The Tennessee highway patrol is granted the further authority, and it is its duty, to

enforce title 44, chapter 2, part 1, relative to the prevention of the spread of

communicable diseases among domestic animals and protection to the livestock

industry.

(b) The Tennessee highway patrol is granted the same authority and police power to

enforce title 44, chapter 2 as is vested in the commissioner of agriculture and in the

state veterinarian by title 44, chapter 2.

the Tennessee highway patrol shall be divided, one-half (½) to the department of

agriculture and one-half (½) to the Tennessee highway patrol.

§ 4-7-115 (Tennessee Highway Patrol) Use of dogs to detect drugs

The Tennessee highway patrol is authorized to utilize dogs trained to detect marijuana

and other illicit substances in its work, as may be desirable and appropriate.

§ 5-1-115 Removal of vegetation and debris from certain lots

(a) The authority in this section is permissive and not mandatory and may or may not be

exercised by a county, as each county deems appropriate.

(b) If it is determined by the appropriate department or person, as designated by the

governing body of a county, that any owner of record of real property has created,

maintained or permitted to be maintained on such property, the growth of trees, vines,

grass, underbrush or the accumulation of debris, trash, litter, garbage, or any

combination of the preceding elements, or a vacant dilapidated building or structure,

so as to endanger the health, safety or welfare of other citizens, or to encourage the

infestation of rats and other harmful animals, the appropriate department or person

shall provide notice to the owner of record to remedy the condition immediately. The

notice shall be given by United States mail, addressed to the last known address of

the owner of record. The notice shall state that the owner of the property is entitled to

a hearing. The notice shall be written in plain language and shall also include, but not

be limited to, the following elements:

(1) A brief statement of this section, which shall contain the consequences of failing

to remedy the noted condition;

(2) The person, office, address and telephone number of the department or person

giving notice;

(3) A cost estimate for remedying the noted condition, which shall be in conformity

with the standards of cost in the community; and

(4) A place wherein the notified party may return a copy of the notice, indicating the

desire for a hearing.

(c)

(1) If the person fails or refuses to remedy the condition within ten (10) days after

receiving the notice, the appropriate department or person shall immediately

cause the condition to be remedied or removed at a cost in conformity with

reasonable standards and the cost thereof assessed against the owner of the

property. The cost shall be a lien upon the property in favor of the county. These

costs shall be placed upon the tax rolls of the county as a lien upon the property

and shall be collected in the same manner as the county's taxes are collected,

when the county causes a notice thereof to be filed in the office of the register of

deeds of the county in which the property lies, second only to liens of the state,

county and municipality for taxes, any lien of the county for special assessments

and any valid lien, right or interest in such property duly recorded or duly

perfected by filing, prior to the filing of such notice. Such notice shall identify the

owner of record of the real property, contain the property address, describe the

property sufficiently to identify it and recite the amount of the obligation secured

by the lien.

(2) If the person who is the owner of record is a carrier engaged in the transportation

of property or is a utility transmitting communications, electricity, gas, liquids,

steam, sewerage or other materials, the ten-day period provided for in subdivision

(c)(1) shall be twenty (20) days, excluding Saturdays, Sundays and legal

holidays.

(d)

(1) The county governing body or the appropriate department, or both, may make

any rules and regulations necessary for the administration and enforcement of

this section. The county shall provide for a hearing upon request of the person

aggrieved by the determination made pursuant to subsection (b). A request for a

hearing shall be made within ten (10) days following the receipt of the notice

issued pursuant to subsection (b). Failure to make the request within this time

shall without exception constitute a waiver of the right to a hearing.

(2) Any person aggrieved by an order or act of the board, agency or commission

under this subsection (d) may seek judicial review of the order or act. The time

period established in subsection (c) shall be stayed during the pendency of a

hearing.

(e)

(1) Except in any county having a population of:

Not less than

Nor more than

5,800

6,100

31,500

31,800

40,200

40,500

55,700

56,000

77,800

78,000

92,200

92,500

according to the 1990 federal census or any subsequent federal census, the

provisions of subsection (c) permitting a county to remedy such dangerous

conditions shall not apply to any parcel of property upon which an owner-

occupied residence is located.

(2) Notwithstanding subdivision (e)(1), in any county having a population of not less

than sixty-nine thousand four hundred (69,400) nor more than sixty-nine thousand

five hundred (69,500), according to the 2000 federal census or any subsequent

federal census, the provisions of subsection (c) permitting a county to remedy

such dangerous conditions shall apply to any parcel of property, including any

parcel upon which an owner-occupied residence is located.

(3) This subsection (e) shall not apply to subsection (g).

(4) Notwithstanding subdivision (e)(1), in any county having a population of not less

than twenty-seven thousand seven hundred (27,700) nor more than twenty-seven

thousand eight hundred (27,800), according to the 2010 federal census or any

subsequent federal census, subsection (c) permitting a county to remedy such

dangerous conditions shall apply to any parcel of property, including any parcel

upon which an owner-occupied residence is located.

(5) Notwithstanding subdivision (e)(1), in any county having a population of not less

than seventy-two thousand three hundred (72,300) nor more than seventy-two

thousand four hundred (72,400), according to the 2010 federal census or any

subsequent federal census, subsection (c) permitting a county to remedy such

dangerous conditions shall apply to any parcel of property, including any parcel

upon which an owner-occupied residence is located.

(6) Notwithstanding subdivision (e)(1), in any county having a population of not less

than thirty-eight thousand three hundred (38,300) and not more than thirty-eight

thousand four hundred (38,400), according to the 2010 federal census or any

subsequent federal census, subsection (c) permitting a county to remedy such

dangerous conditions shall apply to any parcel of property, including any parcel

upon which an owner-occupied residence is located.

(7) Notwithstanding subdivision (e)(1), in any county having a population of not less

than fifty-seven thousand four hundred (57,400) and not more than fifty-seven

thousand five hundred (57,500), according to the 2010 federal census or any

subsequent federal census, subsection (c) permitting a county to remedy such

dangerous conditions shall apply to any parcel of property, including any parcel

upon which an owner-occupied residence is located.

(f) This section is in addition and supplemental to, and not in substitution for, similar

authority in any county's charter or other applicable law.

(g)

(1) As used in this subsection (g):

(A) “Community organization” means a community-oriented organization or group

including, but not limited to, a school group, church youth group, neighborhood

preservation nonprofit corporation, or community support group; and

(B) “Vacant property” means property on which no building exists or on which a

building exists but any such building is no longer utilized for any business,

commercial or residential purposes.

(2) If a person fails to remedy the condition on vacant property within the time period

prescribed by subsection (c), subject to any stay as provided in subsection (d),

upon the adoption of a resolution by a two-thirds (⅔) vote of the county legislative

body of any county having a population in excess of eight hundred thousand

(800,000), according to the 2000 federal census or any subsequent federal

census, to implement this subsection (g) within such county, a community

organization shall be entitled to petition the county to enter upon such vacant

property to remedy the conditions identified in subsection (b). Upon the filing of

such a petition, the county is authorized to contract with such community

organization for such purposes. The contract shall provide for the manner in which

the community organization shall be compensated for remedying the conditions

pursuant to such contract. Any county that contracts with a community

organization for such purposes shall be absolutely immune from any liability to any

and all persons and for damage to the vacant property for conditions remedied by

the community organization. No monetary liability and no cause of action of any

nature shall arise against the county for acts of omission or commission of such

community organization for conditions remedied pursuant to such contract.

§ 5-1-120 Power to regulate stray animals

Counties, by resolution of their respective legislative bodies, may license and regulate

dogs and cats, establish and operate shelters and other animal control facilities, and

regulate, capture, impound and dispose of stray dogs, stray cats and other stray animals.

§ 5-9-110 Animal welfare

The several counties of the state, after the affirmative vote on reference of the question

to the people, shall be empowered to levy a tax and provide for the administration of its

proceeds for the purpose of securing humane treatment of animals therein that are not

subject to the state game and fish laws.

§ 6-2-201 Municipal authority generally -- general powers

Every municipality incorporated under this charter may:

...

(21) Impose a license tax upon any animal, thing, business, vocation, pursuit, privilege

or calling not prohibited by law;

(30) Regulate, tax, license or suppress the keeping or going at large of animals within

the municipality, impound them, and in default of redemption, sell or kill them;

…

(See full statute)

§ 6-19-101 Powers under city manager -- general powers

(a) Every city incorporated under chapters 18-22 of this title may:

(1) Assess, levy and collect taxes for all general and special purposes on all subjects

or objects of taxation, and privileges taxable by law for municipal purposes;

(2) Adopt such classifications of the subjects and objects of taxation as may not be

contrary to law;

(3) Make special assessments for local improvements;

(4) Contract and be contracted with;

(5) Incur debts by borrowing money or otherwise, and give any appropriate evidence

thereof, in the manner provided in this section;

(6) Issue and give, sell, pledge, or in any manner dispose of, negotiable or

nonnegotiable interest-bearing or noninterest-bearing bonds, warrants, promissory

notes or orders of the city, upon the credit of the city or solely upon the credit of

specific property owned by the city, or solely upon the credit of income derived

from any property used in connection with any public utility owned or operated by

the city, or solely upon the credit of the proceeds of special assessments for local

improvements, or upon any two (2) or more such credits;

(7) Expend the money of the city for all lawful purposes;

(8) Acquire or receive and hold, maintain, improve, sell, lease, mortgage, pledge, or

otherwise dispose of property, real or personal, and any estate or interest therein,

within or without the city or state;

(9) Condemn property, real or personal or any easement, interest, or estate or use

therein, either within or without the city, for present or future public use; such

condemnation to be made and effected in accordance with the terms and

provisions of title 29, chapter 16, or in such other manner as may be provided by

general law;

(10) Take and hold property within or without the city or state upon trust; and

administer trusts for the public benefit;

(11) Acquire, construct, own, operate and maintain, or sell, lease, mortgage, pledge, or

otherwise dispose of public utilities or any estate or interest therein, or any other

utility that is of service to the city, its inhabitants, or any part of the city;

(12) Grant to any person, firm, association, or corporation franchises for public utilities

and public services to be furnished the city and those in the city. Such power to

grant franchises shall embrace the power hereby expressly conferred, to grant

exclusive franchises. When an exclusive franchise is granted, it shall be exclusive

not only as against any other person, firm, association, or corporation, but also as

against the city itself. Franchises may be granted for the period of twenty-five (25)

years or less, but not longer, except as provided in § 65-4-107(b). The board of

commissioners may prescribe in each grant of a franchise, the rates, fares,

charges, and regulations that may be made by the grantee of the franchise.

Franchises may by their terms apply to the territory within the corporate limits of the

city at the date of the franchises, and as the corporate limits thereafter may be

enlarged; and to the then existing streets, alleys, and other thoroughfares that may

be opened after the grant of the franchise;

(13) Make contracts with any person, firm, association or corporation, for public utilities

and public services to be furnished the city and those in the city. Such power to

make contracts shall embrace the power, expressly conferred, to make exclusive

contracts. When an exclusive contract is entered into, it shall be exclusive not only

against any other person, firm, association or corporation, but also as against the

city itself. Such contracts may be entered into for the period of twenty-five (25)

years or less, but not longer. The board of commissioners may prescribe in each

such contract entered into, the rates, fares, charges, and regulations that may be

made by the person, firm, association, or corporation with whom the contract is

made. Such contracts may by their terms apply to the territory within the corporate

limits of the city at the date of the contract, and as the corporate limits thereafter

may be enlarged; and to the then existing streets, alleys and thoroughfares and to

any other streets, alleys and other thoroughfares that may be opened after the

grant of the contract;

(14) Prescribe reasonable regulations regarding the construction, maintenance,

equipment, operation and service of public utilities and compel, from time to time,

reasonable extensions of facilities for such services, but nothing in this subdivision

(14) shall be construed to permit the alteration or impairment of any of the terms or

provisions of any exclusive franchise granted or of any exclusive contract entered

into under subdivisions (12) and (13);

(15) Establish, open, relocate, vacate, alter, widen, extend, grade, improve, repair,

construct, reconstruct, maintain, light, sprinkle, and clean public highways, streets,

boulevards, parkways, sidewalks, alleys, parks, public grounds, and squares,

wharves, bridges, viaducts, subways, tunnels, sewers and drains within or without

the corporate limits and regulate the use thereof within the corporate limits, and

property may be taken and appropriated therefor under §§ 7-31-107 — 7-31-111

and 29-16-203, or in such other manner as may be provided by general laws;

(16) Construct, improve, reconstruct and reimprove by opening, extending, widening,

grading, curbing, guttering, paving, graveling, macadamizing, draining, or otherwise

improving any streets, highways, avenues, alleys or other public places within the

corporate limits, and assess a portion of the cost of such improvements upon the

property abutting upon or adjacent to such streets, highways or alleys as provided

by title 7, chapters 32 and 33;

(17) Assess against abutting property within the corporate limits the cost of planting

shade trees, removing from sidewalks all accumulations of snow, ice, and earth,

cutting and removing obnoxious weeds and rubbish, street lighting, street

sweeping, street sprinkling, street flushing and street oiling, the cleaning and

rendering sanitary or removal, abolishing, and prohibiting of closets and privies, in

such manner as may be provided by general law or by ordinance of the board of

commissioners;

(18) Acquire, purchase, provide for, construct, regulate, and maintain and do all things

relating to all marketplaces, public buildings, bridges, sewers and other structures,

works and improvements;

(19) Collect and dispose of drainage, sewage, ashes, garbage, refuse or other waste,

or license and regulate such collection and disposal, and the cost of such

collection, regulation or disposal may be funded by taxation or special assessment

to the property owner;

(20) License and regulate all persons, firms, corporations, companies and associations

engaged in any business, occupation, calling, profession, or trade not forbidden by

law;

(21) Impose a license tax upon any animal, thing, business, vocation, pursuit,

privilege, or calling not prohibited by law;

(22) Define, prohibit, abate, suppress, prevent and regulate all acts, practices,

conduct, business, occupations, callings, trades, uses of property and all other

things whatsoever detrimental, or liable to be detrimental, to the health, morals,

comfort, safety, convenience, or welfare of the inhabitants of the city, and to

exercise general police powers;

(23) Prescribe limits within which business occupations and practices liable to be

nuisances or detrimental to the health, morals, security or general welfare of the

people may lawfully be established, conducted or maintained;

(24) Inspect, test, measure and weigh any article for consumption or use within the

city, and charge reasonable fees therefor, and to provide standards of weights,

tests and measures in such manner as may be provided pursuant to title 47,

chapter 26, part 9;

(25) Establish, regulate, license and inspect weights and measures in accordance

with subdivision (24);

(26) Regulate the location, bulk, occupancy, area, lot, location, height, construction

and materials of all buildings and structures in accordance with general law, and

to inspect all buildings, lands and places as to their condition for health,

cleanliness and safety, and when necessary, prevent the use thereof and require

any alteration or changes necessary to make them healthful, clean or safe;

(27) Provide and maintain charitable, educational, recreative, curative, corrective,

detentive, or penal institutions, departments, functions, facilities, instrumentalities,

conveniences and services;

(28) Purchase or construct, maintain and establish a correctional facility for the

confinement and detention of persons who violate laws within the corporate limits

of the city, or to contract with the county to keep these persons in the correctional

facility of the county and to enforce the payment of fines and costs in accordance

with §§ 40-24-104 and 40-24-105 or through contempt proceedings in

accordance with general law;

(29) Enforce any ordinance, rule or regulation by fines, forfeitures and penalties, and

by other actions or proceedings in any court of competent jurisdiction;

(30) Establish schools, to the extent authorized pursuant to general law, determine

the necessary boards, officers and teachers required therefor, and fix their

compensation, purchase or otherwise acquire land for schoolhouses, playgrounds

and other purposes connected with the schools; purchase or erect all necessary

buildings and do all other acts necessary to establish, maintain and operate a

complete educational system within the city;

(31) Regulate, tax, license or suppress the keeping or going at large of animals within

the city, impound the same and, in default of redemption, to sell or kill the same;

(32) Call elections as provided in this charter; and

(33) Have and exercise all powers that now or hereafter it would be competent for this

charter specifically to enumerate, as fully and completely as though such powers

were specifically enumerated in this section.

(b)

(1) In addition to the general powers provided in subsection (a), any city incorporated

under chapters 18-22 of this title may, upon the adoption of an ordinance by a two-

thirds (⅔) vote of the board of commissioners, impose a fee for the specific purpose

of raising revenue to fund the construction and maintenance of a municipal fire

station and fire department and for no other purpose.

(2) Any city establishing a fee under this subsection (b) shall provide in the ordinance

system for the collection and enforcement of fees authorized and imposed pursuant

to this subsection (b).

(3) The amount of the fee shall initially be set by the city in the ordinance imposing the

fee. The ordinance may provide for a means of increasing and decreasing the fee

as determined by the board of commissioners. After the construction of the fire

station for which the fee is initially imposed, the city shall reduce the fee to reflect

only the cost of maintenance of the fire station or operation of the municipal fire

department unless additional fire stations are needed.

(4) If a city imposing a fee under this subsection (b) is in a county that imposes a fire

fee:

(A) The fees established under this subsection (b) shall not be set in excess of the

rates imposed by the county at the time the city adopts the ordinance pursuant

to subdivision (b)(1); and

(B) The county shall not collect the fire fee from residents after the date the city

adopts the ordinance pursuant to subdivision (b)(1).

§ 6-54-113 Removal of vegetation and debris from certain lots

(a)

(1) “Municipality,” as used in this section, includes incorporated cities and towns and

metropolitan governments.

(2) The authority provided in this section is permissive and not mandatory and may or

may not be exercised by a municipality, as each municipality deems appropriate.

(b) If it is determined by the appropriate department or person as designated by the

governing body of a municipality that any owner of record of real property has created,

maintained or permitted to be maintained on such property the growth of trees, vines,

grass, underbrush or the accumulation of debris, trash, litter, or garbage, or any

combination of the preceding elements, so as to endanger the health, safety or welfare

of other citizens or to encourage the infestation of rats and other harmful animals, the

appropriate department or person shall provide notice to the owner of record to

remedy the condition immediately. The notice shall be given by United States mail,

addressed to the last known address of the owner of record. When an attempt at

notification by United States mail fails or no valid last known address exists for the

owner of record, the municipality may publish the notice in a newspaper of general

circulation in the county where the property sits for no less than two (2) consecutive

issues or personally deliver the notice to the owner of record. For purposes of this

section, such publication shall constitute receipt of notice effective on the date of the

second publication of the notice and personal delivery shall constitute receipt of notice

immediately upon delivery. The notice shall state that the owner of the property is

entitled to a hearing. The notice shall be written in plain language and shall also

include, but not be limited to, the following elements:

(1) A brief statement of this section, which shall contain the consequences of failing to

remedy the noted condition;

(2) The person, office, address and telephone number of the department or person

giving notice;

(3) A cost estimate for remedying the noted condition, which shall be in conformity with

the standards of cost in the community; and

(4) A place wherein the notified party may return a copy of the notice, indicating the

desire for a hearing.

(c)

(1)

(A) If the person fails or refuses to remedy the condition within ten (10) days after

receiving the notice, the appropriate department or person shall immediately

cause the condition to be remedied or removed at a cost in conformity with

reasonable standards and the cost thereof assessed against the owner of the

property. The municipality may collect the costs assessed against the owner

through an action for debt filed in any court of competent jurisdiction. The

municipality may bring one (1) action for debt against more than one (1) or all of

the owners of properties against whom such costs have been assessed, and

the fact that multiple owners have been joined in one (1) action shall not be

considered by the court as a misjoinder of parties. Upon the filing of the notice

with the office of the register of deeds of the county in which the property lies,

the costs shall be a lien on the property in favor of the municipality, second only

to liens of the state, county and municipality for taxes, any lien of the

municipality for special assessments, and any valid lien, right or interest in such

property duly recorded or duly perfected by filing, prior to the filing of such

notice. These costs shall be collected by the municipal tax collector or county

trustee at the same time and in the same manner as property taxes are

collected. If the owner fails to pay the costs, they may be collected at the same

time and in the same manner as delinquent property taxes are collected and

shall be subject to the same penalty and interest as delinquent property taxes.

(B) When the owner of an owner-occupied residential property fails or refuses to

remedy the condition within ten (10) days after receiving the notice, the

appropriate department or person shall immediately cause the condition to be

remedied or removed at a cost in accordance with reasonable standards in the

community, with these costs to be assessed against the owner of the property.

Subdivision (c)(1)(A) shall apply to the collection of costs against the owner of

an owner-occupied residential property, except that the municipality shall wait

until cumulative charges for remediation equal or exceed five hundred dollars

($500) before filing the notice with the register of deeds and the charges

becoming a lien on the property. After this threshold has been met and the lien

attaches, charges for costs for which the lien attached are collectible as

provided in subdivision (c)(1)(A) for these charges.

(2) If the person who is the owner of record is a carrier engaged in the transportation

of property or is a utility transmitting communications, electricity, gas, liquids,

steam, sewerage or other materials, the ten-day period specified in subdivision

(a)(1) shall be twenty (20) days, excluding Saturdays, Sundays and legal holidays.

(d)

(1) The municipal governing body or the appropriate department, or both, may make

any rules and regulations necessary for the administration and enforcement of this

section. The municipality shall provide for a hearing upon request of the person

aggrieved by the determination made pursuant to subsection (b). A request for a

hearing shall be made within ten (10) days following the receipt of the notice issued

pursuant to subsection (b). Failure to make the request within this time

(2) Any person aggrieved by an order or act of the board, agency or commission under

this subsection (d) may seek judicial review of the order or act. The time period

established in subsection (c) shall be stayed during the pendency of a hearing.

(e) The provisions of this section are in addition and supplemental to, and not in

substitution for, similar authority in any municipality's charter or other applicable law.

(f) In the event a privately owned cemetery would otherwise meet the requirements of this

section, and if a Boy Scout troop or other organization were to remedy the conditions

existing on such property, the municipality shall be prohibited from filing a lien against

such property for the value of the work performed by such organization. Such

organization shall be immune from any legal action for damages, and no cause of

action for civil or criminal liability may be brought by the owner of record of the

cemetery or descendants of those buried in the cemetery against such organization,

so long as reasonable care is taken by such organization not to violate § 46-2-105, §

46-3-108 [repealed], or any other provision of law, rule or regulation.

(g)

(1) As used in this subsection (g):

(A) “Community organization” means a community-oriented organization or group

including, but not limited to, a school group, church youth group, neighborhood

preservation nonprofit corporation, or community support group; and

(B) “Vacant property” means property on which no building exists or on which a

building exists but any such building is no longer utilized for any business,

commercial or residential purposes.

(2) Except as provided in subsection (f), if a person fails to remedy the condition on

vacant property within the time period prescribed by subsection (c), subject to any

stay as provided in subsection (d), upon the adoption of a resolution by a two-thirds

(⅔) vote of the municipal legislative body of any municipality located in any county

having a population in excess of eight hundred thousand (800,000), according to

the 2000 federal census or any subsequent federal census, to implement this

subsection (g) within any such municipality, a community organization shall be

entitled to petition the municipality to enter upon such vacant property to remedy

the conditions identified in subsection (b). Upon the filing of such a petition, the

municipality is authorized to contract with such community organization for such

purposes. The contract shall provide for the manner in which the community

organization shall be compensated for remedying the conditions pursuant to such

contract. Any municipality that contracts with a community organization for such

purposes shall be absolutely immune from any liability to any and all persons and

for damage to the vacant property for conditions remedied by the community

organization. No monetary liability and no cause of action of any nature shall arise

against the municipality for acts of omission or commission of such community

organization for conditions remedied pursuant to such contract.

§ 6-54-135 Allowing pet dogs in outdoor dining areas at restaurants

(a) For purposes of this section, “pet dog” means a dog other than a service or guide dog

assisting a handicapped person.

(b) Notwithstanding any other prohibition to the contrary, certain jurisdictions, as provided

in subsection (c), may, by ordinance or resolution, authorize the presence of pet dogs

in outdoor dining areas of restaurants, if the ordinance provides for adequate controls

to ensure compliance with the Tennessee Food, Drug and Cosmetic Act, compiled in

title 53, chapter 1, and any other applicable statutes and ordinances. An ordinance

enacted under this section shall provide for a permitting process to authorize individual

restaurants to permit dogs as provided in this section and to charge applicants and

authorized restaurants a reasonable permit fee as the ordinance may establish.

Additionally, the ordinance shall provide that:

(1) No pet dog shall be present in the interior of any restaurant or in any area where

food is prepared;

(2) The restaurant shall have the right to refuse to serve the owner of a pet dog if the

owner fails to exercise reasonable control over the pet dog or the pet dog is

otherwise behaving in a manner that compromises or threatens to compromise the

health or safety of any person present in the restaurant;

(3) All public food service establishment employees shall wash their hands promptly

after touching, petting or otherwise handling a pet dog. Employees shall be

prohibited from touching, petting or otherwise handling pet dogs while serving food

or beverages or handling tableware or before entering other parts of the public food

service establishment;

(4) Employees and patrons shall be instructed that they shall not allow pet dogs to

come into contact with serving dishes, utensils, tableware, linens, paper products

or any other items involved in food service operations;

(5) Patrons shall keep their pet dogs on a leash at all times and keep their pet dogs

under reasonable control;

(6) Pet dogs shall not be allowed on chairs, tables or other furnishings;

(7) Accidents involving pet dog waste shall be cleaned immediately and the area

sanitized with an approved product. A kit with the appropriate materials for this

purpose shall be kept near the designated outdoor area;

(8) A sign or signs reminding employees and patrons of the applicable rules shall be

posted on the premises in a manner and place as determined by the local

permitting authority; and

(9) Pet dogs shall not be permitted to travel through indoor or nondesignated portions

of the public food service establishment, and ingress and egress to the designated

outdoor portions of the public food establishment shall not require entrance into or

passage through any indoor area of the food establishment.

(c)

(1) This section shall apply in a municipality with a population of at least one hundred

thousand (100,000), according to the 2000 federal census or any subsequent

census.

(2) This section shall also apply in a county with a population of at least one hundred

thousand (100,000), according to the 2000 federal census or any subsequent

census.

(3) This section shall also apply in counties having a population, according to the 2000

federal census or any subsequent census, of:

not less than

nor more than

5,500

5,600

11,369

11,450

14,300

14,400

16,600

16,700

38,200

38,300

39,200

39,300

48,000

48,100

56,700

56,800

71,100

71,200

105,800

105,900

§ 7-5-103 Metropolitan Governments' Port Authority Act: definitions [relevant

portions]

As used in this chapter, unless the context otherwise requires:

…

(11) “Metropolitan government” means the political entity created by consolidation of all,

or substantially all, of the political and corporate functions of a county and a city or

cities;

…

(12) “Pollution” means the placing of any noxious or deleterious substances, including

noise, in any air or water of or adjacent to the state of Tennessee or affecting the

physical, chemical or biological properties of any air or waters of or adjacent to the

state of Tennessee in a manner and to an extent that renders or is likely to render the

air or waters inimical or harmful to the public health, safety or welfare, or to any

animal, bird or aquatic life, or to the use of the air or waters for domestic, industrial,

agricultural or recreational purposes;

§ 7-31-106 Unlawful use of sidewalks

When any sidewalks are constructed, every person who rides or drives a horse, team or

other vehicle on the sidewalks, except for the purpose of crossing the sidewalks when

necessary to do so, or who hitches any horse or other animal to any tree growing on or

adjacent to such sidewalks, commits a Class C misdemeanor.

§ 7-51-1401 Adult-oriented establishments -- part definitions

As used in this part, unless the context otherwise requires:

(5) "Bestiality" means sexual activity, actual or simulated, between a human being and an

animal;

…

(9) "Sadism" means sexual gratification achieved through, or the association of sexual

activity with, the infliction of physical pain, suffering, humiliation, torture or death upon

another person or animal;

(10) "Sexually-oriented material” means any book, article, magazine, publication or written

matter of any kind, drawing, etching, painting, photograph, motion picture film or sound

recording that depicts sexual activity, actual or simulated, involving human beings or

human beings and animals, that exhibits uncovered human genitals or pubic region in

a lewd or lascivious manner, or that exhibits human male genitals in a discernibly

turgid state, even if completely covered; and

…

§ 7-63-101 Municipal violations -- Citation or complaint in lieu of arrest

When any person violates any traffic, or other ordinance, law or regulation of any

municipal, metropolitan or city government in the presence of a:

(1) Law enforcement officer of such government;

(2) Member of the fire department or building department who is designated as a

special police officer of the municipality; or

(3) Transit inspector employed by a public transportation system or transit authority

organized pursuant to chapter 56, part 1 of this title;

such officer or inspector may issue, in lieu of arresting the offender and having a warrant

issued for the offense, a citation or complaint for such offense. A copy of such citation,

which shall contain the offense charged and the time and place when such offender is to

appear in court, shall be given to the offender.

§ 7-63-201 Sanitation, litter control and animal control -- issuance of summons --

copies

Notwithstanding § 7-63-101, any municipal, metropolitan or city government may

designate by ordinance or resolution certain municipal enforcement officers in the areas

of sanitation, litter control, and animal control who may not arrest or issue citations in

lieu of arrests pursuant to part 1 of this chapter, but who, upon witnessing a violation of

any ordinance, law or regulation of that municipal, metropolitan or city government, may

issue an ordinance summons, leaving a copy with the offender, showing the offense

charged and the time and place when such offender is to appear in court.

§ 7-81-207 Powers of assembly [relevant portions]

The town assembly of each of the towns has powers by ordinance to:

…

(3) Make regulations to prevent the introduction of contagious diseases in the town;

(4) Pass all laws necessary or proper to secure the health of the inhabitants of the town;

…

(6) Prohibit the running at large of animals within the corporate limits, whether the owners

of the animals reside within the corporate limits or not;

(7) Prohibit the keeping of hogs or other animals in pens or in enclosures that may

become offensive or injurious to the health of the inhabitants;

…

(9) Impose fines, forfeitures, and penalties for the breach of any ordinance, and provide

for their recovery and appropriation;

§ 7-86-103 Emergency communications – definitions [relevant portions]

…

(19) “Public safety emergency services provider” means any municipality or county

government that provides emergency services to the public. Such providers or

services include, but are not limited to, emergency fire protection, law enforcement,

police protection, emergency medical services, poison control, animal control,

suicide prevention, and emergency rescue management;

§ 7-86-307 Plan for providing statewide 911 and enhanced wireless 911 service.

[relevant portions]

…

(b)

(1) The board shall encourage and promote the planning, development, and

implementation of 911 service for each newly created emergency

communications district. Any emergency communications district newly created

after May 20, 1998, shall have its 911 system plan approved by the board prior to

implementation. The plan for each such district shall include specific local

requirements. Such plan shall include, but not be limited to, law enforcement,

firefighting, and emergency medical services and may include, but not be limited

to, other emergency services such as poison control, animal control, suicide

prevention, and emergency management services.

(2) Such plan shall also include funding requirements necessary to implement and

operate the 911 system; provided, that if anticipated revenues are not adequate

to achieve and maintain technical and operating standards as established by the

board in this part, the board shall undertake a study to determine other options for

the provision of 911 service to that area.

…

§ 8-21-701 County clerks – specific fees authorized

In addition to any other fees for services established by law, county clerks are entitled to

demand and receive for the following services the fees attached:

…

(14) For issuance of permits and licenses for which fees are not otherwise provided 5.00

(15) For filing documents for which fee is not otherwise provided 5.00

…

§ 8-50-103 Employment of the disabled -- discrimination prohibited -- penalty –

complaint

(a) This section and § 8-50-104 shall be known and may be cited as the “Tennessee

Disability Act.”

(b) There shall be no discrimination in the hiring, firing and other terms and conditions of

employment of the state of Tennessee or any department, agency, institution or

political subdivision of the state, or of any private employer, against any applicant for

employment based solely upon any physical, mental or visual disability of the

applicant, unless such disability to some degree prevents the applicant from

performing the duties required by the employment sought or impairs the performance

of the work involved. Furthermore, no blind person shall be discriminated against in

any such employment practices because such person uses a guide dog. A violation of

this subsection (b) is a Class C misdemeanor.

(c)

(1) Any person claiming to be aggrieved by a discriminatory practice prohibited by this

section may file with the Tennessee human rights commission a written sworn

complaint stating that a discriminatory practice has been committed, setting forth the

facts sufficient to enable the commission to identify the persons charged.

(2) Upon receipt of such complaint, the commission shall follow the procedure and

exercise the powers and duties provided in §§ 4-21-302 — 4-21-311, and the

person shall have all rights provided therein.

(d) For purposes of this section, “employer” means the state, or any political or civil

subdivision thereof, and persons employing eight (8) or more persons within the state.

§ 9-8-307 Jurisdiction — Claims — Waiver of actions — Standard for tort liability —

Damages — Immunities — Definitions — Transfer of claims.

(a)

(1) The commission or each commissioner sitting individually has exclusive jurisdiction

to determine all monetary claims against the state based on the acts or omissions of

“state employees,” as defined in § 8-42-101, falling within one (1) or more of the

following categories:

(A) The negligent operation or maintenance of any motor vehicle or any other land,

air, or sea conveyance. In addition, the state may be held liable pursuant to this

subdivision (a)(1)(A) for the negligent operation of state-owned motor vehicles or

other conveyances by persons who are not state employees; provided, that such

persons operated the vehicle or other conveyance with the permission of a state

employee;

(B) Nuisances created or maintained;

property. The claimant under this subdivision (a)(1)(C) must establish the

foreseeability of the risks and notice given to the proper state officials at a time

sufficiently prior to the injury for the state to have taken appropriate measures;

(D) Legal malpractice or health care liability by a state employee; provided, that the

state employee has a professional/client relationship with the claimant;

(E) Negligent care, custody and control of persons;

(F) Negligent care, custody or control of personal property;

(G) Negligent care, custody or control of animals. Damages are not recoverable

under this section for damages caused by wild animals;

(H) Negligent construction of state sidewalks and buildings;

(I) Negligence in planning and programming for, inspection of, design of,

preparation of plans for, approval of plans for, and construction of, public roads,

streets, highways, or bridges and similar structures, and negligence in

maintenance of highways, and bridges and similar structures, designated by the

department of transportation as being on the state system of highways or the

state system of interstate highways;

(J) Dangerous conditions on state maintained highways. The claimant under this

subdivision (a)(1)(J) must establish the foreseeability of the risk and notice given

to the proper state officials at a time sufficiently prior to the injury for the state to

have taken appropriate measures;

(K)

(i) Workers' compensation claims by state employees, including injuries incurred

by national guard members, Tennessee state guard members, civil air patrol

members, civil defense agency personnel and emergency forest firefighters

while on active duty and in the course of that duty;

(ii) The commission's payment of these claims shall be in such amount and

subject to such limitations as set forth in title 50, chapter 6, except the following

provisions shall have no application to workers' compensation claims filed

against the state: §§ 50-6-103, 50-6-104, 50-6-106(5), 50-6-118, 50-6-128, 50-

6-203(a)-(e) and (g), 50-6-205(b)(2), (b)(3), (c) and (d), 50-6-208, 50-6-210(f),

50-6-211, 50-6-213, 50-6-222, 50-6-225(d), 50-6-229(b), 50-6-233, 50-6-

236(c)(2)-(3) and (g), 50-6-237, 50-6-238, 50-6-239, 50-6-244, 50-6-306, 50-6-

307, and title 50, chapter 6, part 4. Section 50-6-114 shall apply to workers'

compensation claims against the state, except that the state is authorized to

give an employee the option to use accrued sick and annual leave in lieu of

receiving temporary total disability benefits. In no event shall an employee

receive both accrued sick and annual leave and temporary total disability

benefits for the period of temporary total disability. Where appropriate, the

claims commission shall be considered the court or tribunal to determine

claims within title 50, chapter 6. Payments shall be made and accepted without

regard to fault as a cause of the injury or death;

(iii) The subsequent injury and vocational recovery fund shall have no application

to workers' compensation claims against the state of Tennessee. Payment of

compensation shall not be considered a binding determination of the

obligations of the employer as to future compensation payments. Likewise, the

acceptance of compensation by the officer or employee is not considered a

binding determination of the obligations of the employer as to future

compensation payments; nor shall the acceptance of compensation by the

officer or employee be considered a binding determination of the employer's

rights;

(iv) The interested parties have the right to settle all matters of compensation

between themselves, but all settlements, before the settlements are binding on

either party, shall be reduced to writing and shall be approved by the claims

commissioner before whom the claim for compensation is entitled to be heard,

or to a workers' compensation judge pursuant to § 50-6-240. Any proposed

settlement presented to a claims commissioner for approval pursuant to this

subdivision (a)(1)(K)(iv) shall be examined by the claims commissioner to

determine whether the officer or employee is receiving, substantially, the

benefits provided by the Workers' Compensation Law, compiled in title 50,

chapter 6. To this end, the commissioner may call and examine witnesses.

Upon such settlement being approved, an order shall be rendered by the

commissioner and duly entered by the clerk;

(v) In case any officer or employee of the state of Tennessee for whose injury or

death compensation is payable under the Workers' Compensation Law shall at

the time of injury be employed or paid jointly by two (2) or more employers

subject to such law, such employers shall contribute to payment of such

compensation in a proportion of their several wage liability to such officer or

employee. The state of Tennessee is considered the primary employer and the

determination of workers' compensation paid shall be pursuant to the

procedures provided for state officers and employees. If one (1) or more, but

not all, of such officers and employees are subject to the Workers'

Compensation Law and otherwise subject to liability for compensation

hereunder, then the liability of such of them as are so subject shall be to pay

the proportion of the entire compensation which their portion of the wage

liability bears to the wages of the officer or employee; provided, that nothing in

this section shall prevent any agreement between the different employers

between themselves as to the distribution of the ultimate burden of such

compensation. The state of Tennessee shall pay the officer or employee under

the Workers' Compensation Law and seek contribution from other contributing

employers. The state of Tennessee has a right of action in the courts against

the joint employers;

(vi) Notwithstanding § 9-8-402(d) or any other law to the contrary, upon motion of

the employee, the claims commission may, prior to the benefits review

conference or any final hearing on the claim, order the state to initiate, continue

or reinstate temporary disability benefits or to provide medical benefits to the

employee pending a final decision in the case, if the claims commission

determines that such an order would be appropriate in light of available

information. If the commission determines it appropriate to order the state to

provide medical benefits pursuant to this subdivision (a)(1)(K)(vi), the

commission's authority shall include, but not be limited to, the authority to order

specific medical treatment recommended by the treating physician, and the

authority to require the state to provide the appropriate panel of physicians to

the employee, including a panel of appropriate specialists. With respect to the

determination of whether to order the payment of temporary disability or

medical benefits, the claims commission shall decide such issues solely on the

basis of the information available to the commission, without favor or

presumption for or against either party;

(L) Actions for breach of a written contract between the claimant and the state

which was executed by one (1) or more state officers or employees with

authority to execute the contract; provided, that the group insurance

agreements created pursuant to §§ 8-27-202 and 8-27-302 shall be considered

contracts for purposes of this subsection (a) in order for the commission to

determine insurance claims which have been previously rejected by the state

insurance committee or the local education insurance committee;

(M) Negligent operation of machinery or equipment;

(N) Negligent deprivation of statutory rights created under Tennessee law, except

for actions arising out of claims over which the civil service commission has

jurisdiction. The claimant must prove under this subdivision (a)(1)(N) that the

general assembly expressly conferred a private right of action in favor of the

claimant against the state for the state's violation of the particular statute's

provisions;

(O) Claims for the recovery of taxes collected or administered by the state, except

any tax collected or administered by the commissioner of revenue, any tax

collected or administered by the commissioner of commerce and insurance

pursuant to title 56, and any unemployment insurance tax collected or

administered by the commissioner of labor and workforce development;

(P) Claims for the loss, damage or destruction of the personal property of state

employees based on § 9-8-111;

(Q)

(i) Claims for injuries incurred by persons where such injury occurred while the

person was a passenger in a motor vehicle operated by a state employee

while such employee was acting within the scope of employment. The

claimant has the burden of proving the following:

(a) The injuries suffered by the claimant occurred as a result of an accident

involving a motor vehicle operated by a non-state employee and a motor

vehicle operated by a state employee who, at the time of the accident,

was acting within the scope of employment;

(b) The proximate cause of the accident was the negligent operation of the

motor vehicle operated by the nonstate employee;

party because the negligent party was uninsured or underinsured at the

time of the accident and is otherwise financially incapable of fully

compensating the claimant;

(d) The claimant has been unable to recover sufficient amounts under the

Workers' Compensation Law or from any other public or private source,

including the claimant's uninsured motorist's insurance policy, to fully

compensate for the injuries suffered; and

(e) The claimant's presence in the motor vehicle operated by the state

employee was for the benefit of the state, except that this requirement

shall be waived for persons who are injured while a passenger in a state-

owned motor vehicle used in the state employee van pool program

authorized in § 4-3-1105(19);

(ii) Notwithstanding subsection (e), awards under this subdivision (a)(1)(Q) are

limited to amounts recoverable under subdivision (a)(1)(K). Awards under

this subdivision (a)(1)(Q) shall not be considered payments under an

uninsured motorists insurance policy as provided for in title 56, chapter 7,

part 12;

(R) Claims for libel and/or slander where a state employee is determined to be

acting within the scope of employment;

(S)

(i) Claims for compensation filed under the Criminal Injuries Compensation

Act, compiled in title 29, chapter 13, and § 40-24-107. Claims filed pursuant

to this subdivision (a)(1)(S) shall be determined in accordance with title 29,

chapter 13;

(ii) Notwithstanding title 29, chapter 13, to the contrary, the claims commission

has exclusive jurisdiction to determine all claims filed for compensation

under the Criminal Injuries Compensation Act in accordance with title 29,

chapter 13; provided, that this exclusive jurisdiction shall apply only to

claims for compensation filed on or after January 1, 1987. At the request of

the claimant and with the consent of the court, any claim filed prior to

January 1, 1987, may be transferred to the claims commission for

determination of the claim;

(T) Actions based on § 69-1-201;

(U) Actions based on violations of the requirements of procurement of

commodities or services under title 71, chapter 4, part 7;

(V) Unconstitutional taking of private property, as defined in § 12-1-202, including

intentional state governmental action resulting in a taking other than the taking

of real property and real property rights for the state's system of highways or

the state's system of interstate highways; and

(W) Claims arising out of the billing, collection, or remittance of 911 surcharges.

(2) No item enumerated in this subsection (a) shall be interpreted to allow any claim

against the state on account of the acts or omissions of persons, partnerships,

corporations or other entities licensed or regulated by agencies of the state,

notwithstanding any negligence committed by the state in the course of performing

licensing or regulatory activities. No item enumerated in this subsection (a) shall be

interpreted to allow any claims against the state arising out of or resulting from:

(A) The issuance, denial, suspension or revocation of, or by the failure or refusal

to issue, deny, suspend or revoke, any permit, license, certificate, approval,

order or similar authorization, except as provided for in subdivision (a)(1)(V);

(B) An inspection, or by reason of making an inadequate or negligent inspection

of any property, except as provided for in subdivision (a)(1)(I);

disturbances; except that the claims commission shall have jurisdiction over

riots and disturbances occurring on or after January 1, 1985, by persons who

are in the care, custody and control of the state where the state's negligence

is the proximate cause of the riot or disturbance which, in turn, is the

proximate cause of the injury to the claimant or damage to the claimant's

personal property;

(D) Acts of a defendant serving a sentence under probation coupled with periodic

confinement pursuant to § 40-35-307; work release pursuant to § 40-35-315;

on furlough pursuant to § 40-35-316; a community-based alternative to

confinement pursuant to title 40, chapter 36; or parole pursuant to § 40-35-

504, unless the defendant is in the custody of or under the control or

supervision of a jailer, corrections officer, law enforcement officer, or other

agent of the state, or unless the state was negligent in its release of the

defendant; provided, that the state is liable for reasonable medical care for

inmates under work release, furlough, or community-based alternatives to

confinement, although the inmates are not physically in the custody and

control of and under the direct personal control of a jailer, corrections officer or

other law enforcement officer. The state, county, municipality or political

subdivision which may employ the inmate but does not have direct

supervision and control of the inmate's work release, confinement or

community-based alternative to confinement is not liable for the inmate's

reasonable medical treatment for injuries incurred while on such work release,

community-based alternative, or other work detail. Nothing in this subdivision

(a)(2)(D) shall be construed as changing the general law of comparative fault.

Nothing in this subdivision (a)(2)(D) shall be construed as changing the

liability for injuries caused by a person or agency due to that person's or

agency's own negligence. Nothing in this subdivision (a)(2)(D) shall be

construed as changing the general law on liability in subdivision (a)(1)(E); or

(E) Any failure or malfunction occurring before January 1, 2005, which is caused

directly or indirectly by the failure of computer software or any device

containing a computer processor to accurately or properly recognize,

calculate, display, sort, or otherwise process dates or times, if, and only if, the

failure or malfunction causing the loss was unforeseeable or if the failure or

malfunction causing the loss was foreseeable but a reasonable plan or design

or both for identifying and preventing the failure or malfunction was adopted

and reasonably implemented complying with generally accepted computer

and information system design standards. Notwithstanding any other provision

of the law, nothing in this subdivision (a)(2)(E) shall in any way limit the liability

of a third party, direct or indirect, who is negligent. Further, a person who is

injured by the negligence of a third party contractor, direct or indirect, shall

have a cause of action against the contractor.

(3) It is the intent of the general assembly that the claims commission shall only hear

claims arising on or after January 1, 1985. All claims arising prior to January 1,

1985, are to be governed by the law as it was prior to that date. For purposes of

jurisdiction, a claim for recovery of taxes is deemed to arise on the date of the

payment under protest. However, for any claim falling within the jurisdiction of the

claims commission as determined by this subdivision (a)(3) and arising before

January 1, 1985, the board of claims may authorize the chair of the board to

transfer any claim or classes of claims to the claims commission. No claims shall

be transferred where the claimant objects. Transferred claims are subject to the

same requirements and procedures as claims originally filed with the claims

commission. It is the intent of the general assembly that the jurisdiction of the

claims commission be liberally construed to implement the remedial purposes of

this legislation. It is the intent of the general assembly that no distinctions be made

between officers and employees of the state under this legislation. The availability

of state records and documents concerning claims is subject to the same discovery

defenses as are available to other parties. The portion of the records in possession

of the division of claims and risk management containing the amount of funds

reserved for each claim for the risk management fund is confidential and not

subject to § 10-7-503, until the final adjudication of the claim.

(b) Claims against the state filed pursuant to subsection (a) shall operate as a waiver of

any cause of action, based on the same act or omission, which the claimant has

against any state officer or employee. The waiver is void if the commission

determines that the act or omission was not within the scope of the officer's or

employee's office or employment.

concepts of duty and the reasonably prudent person's standard of care.

(d) The state will be liable for actual damages only. No award shall be made unless the

facts found by the commission would entitle the claimant to a judgment in an action at

law if the state had been a private individual. The state will not be liable for punitive

damages and the costs of litigation other than court costs. The state will not be liable

for willful, malicious, or criminal acts by state employees, or for acts on the part of

state employees done for personal gain. The state may assert any and all defenses,

including common law defenses, which would have been available to the officer or

employee in an action against such an individual based upon the same occurrence.

The state may assert any absolute common law immunities available to the officer or

employee, however, good faith common law immunity may not be asserted. If the

claimant is successful with any claim filed with the claims commission after January 1,

1985, the state shall pay such interest as the commissioner may determine to be

proper, not exceeding the legal rate as provided in § 47-14-121. In contract actions,

interest may be awarded, but if the rate of interest is provided in the contract, the

award of interest shall be at that rate.

(e) For causes of action arising in tort, the state shall only be liable for damages up to the

sum of three hundred thousand dollars ($300,000) per claimant and one million

dollars ($1,000,000) per occurrence. The board of claims is authorized to purchase

insurance, on a per claimant or per occurrence basis, for any class of claim. Any

recovery covered by such a policy may exceed the monetary limits of this subsection

(e), but only up to the policy limit.

(f) No language contained in this chapter is intended to be construed as a waiver of the

immunity of the state of Tennessee from suit in federal courts guaranteed by the

eleventh amendment to the Constitution of the United States.

(g) No language contained in this chapter is intended to be construed to abridge the

common law immunities of state officials and employees.

(h) State officers and employees are absolutely immune from liability for acts or omissions

within the scope of the officer's or employee's office or employment, except for willful,

malicious, or criminal acts or omissions or for acts or omissions done for personal

gain. For purposes of this chapter, “state officer” or “employee” has the meaning set

forth in § 8-42-101(3).

(i)

(1) Claims that were timely filed against a state employee with a court of competent

jurisdiction and that fall within the jurisdiction of the claims commission found in

subdivision (a)(1)(A) shall be dismissed as to the state employee and transferred to

the division of claims and risk management to proceed as a claim against the state;

provided, that the state employee alleged to have acted negligently was, at the time

of the incident giving rise to the claim, operating a private motor vehicle within the

scope of the employee's office or employment, and the employee's action or

inaction was not willful, malicious, criminal or done for personal gain. When a

motion for transfer is made, the court shall require that notice be given the attorney

general and reporter and the state shall be permitted to intervene and respond to

the motion. Upon such transfer, the claim shall be considered timely filed with the

division of claims and risk management and the claims commission. Such transfer

shall be effected upon an order of dismissal and transfer from the court. Any such

transfer must be made within one (1) year of the filing of the original complaint with

the court or on or after April 22, 1998, whichever is later. Such claims shall be

considered by the division of claims and risk management and the claims

commission, as provided by law. This subsection (i) shall be effective for causes of

action arising on or after July 1, 1995, pending on or after April 22, 1998, and

causes of action arising on or after April 22, 1998.

(2) Claims which are transferred to the division of claims and risk management

pursuant to this subsection (i) shall be investigated by the division of claims and

risk management, acted upon or transferred by the division, and acted upon by the

claims commission pursuant to the same statutory requirements and procedures as

apply to claims originally filed with the division of claims and risk management.

(j) [Repealed effective July 1, 2022. See Compiler's Note.] Notwithstanding any other

provision of this chapter to the contrary, the state does not waive its sovereign immunity

for any loss, damage, injury, or death arising from COVID-19, as defined in § 29-34-

802(a), unless the claimant proves by clear and convincing evidence that the loss,

damage, injury, or death was proximately caused by an act or omission of the state or

an employee or agent of the state constituting gross negligence. The requirements of

§ 29-34-802(c) apply to any such cause of action when applicable.

§ 11-1-103 Cooperation with wildlife resources agency -- relationships between

divisions

The several divisions located within the department of environment and conservation shall

cooperate with the state wildlife resources agency, and the employees of the divisions

shall lend whatever assistance is necessary to carry out the provisions of the game and

fish laws. Likewise, the employees of the state wildlife resources agency shall cooperate

with the other divisions in the department and lend assistance whenever it is deemed

necessary by the commissioner of environment and conservation, it being the purpose to

coordinate fully the activities of the state wildlife resources agency with other conservation

activities in the department. In the event any controversy shall arise in the department

between any of the various divisions therein as to their respective duties and functions,

the commissioner shall have authority to make the final decision concerning the

controversy, and to define the respective limits of authority of each division.

§ 11-3-107 Parks and recreation employees -- commissioned law enforcement

officers

(a) The division of parks and recreation is authorized to employ a suitable number of

persons as park rangers, ranger naturalists, park managers and in other positions,

however designated or named, having qualifications established by the division of

parks and recreation, and approved by the department of human resources. They will

manage and supervise the operation of the state parks and other recreational areas

managed or administered by the division; provided, that persons employed as park

rangers as of January 1, 1986, who meet the qualifications set out by this section as it

existed on January 1, 1986, shall not be denied promotion to a position as park

manager or any equivalent position because of not meeting any more stringent

qualifications which may be established pursuant to this subsection (a).

(b)

(1) Employees of the division of parks and recreation, when properly trained and

qualified, may be commissioned by the commissioner of environment and

conservation as law enforcement officers. When so commissioned, they shall have

all of the police powers necessary to enforce all state laws, rules and regulations,

within the state parks, state forests, state natural areas, all other state-owned areas

under the jurisdiction of the division, and all recreational areas which are

administered or managed by the division under lease, easement or other

agreement with any public or private owner of the property. The commissioned

employees of the division shall have all police powers necessary to apprehend and

arrest any person within the state, for any violation of state law or rule or regulation

of the division committed on any state park or other area described above. They

shall enforce the laws, rules and regulations and maintain order, for the protection

of state property and the public welfare. They shall have the right to carry firearms

or other arms while on duty as commissioned law enforcement officers of the

division. It is the responsibility of the division to assure that law enforcement duties

are pursued with the utmost awareness and care and not to the detriment of the

primary responsibilities of rangers and managers, which are to provide for visitor

information and education, to manage and maintain park resources and personnel

and to conduct recreation programs.

(2) The employees commissioned under subdivision (b)(1) may also provide both law

enforcement and search and rescue assistance outside of the areas described in

subdivision (b)(1) at the request of federal, state, or local officials if such assistance

is necessary for the protection of life, health, or safety. For the purposes of

rendering such assistance, the commissioned employees shall have all the powers

and protections of a law enforcement officer throughout the state.

(c)

(1) Notwithstanding title 12, chapter 2, part 4, when the division of parks and

recreation makes a determination to retire an equine from service, the park ranger,

ranger naturalist, park manager or any other similar employee who has used the

equine to carry out such person's duties as a law enforcement officer or as an

employee of the division of parks and recreation, may take possession of the

equine upon paying to the division of parks and recreation the value assigned to

the equine pursuant to subdivision (c)(3).

(2) Upon taking possession of a retired equine pursuant to subdivision (c)(1), the park

ranger, ranger naturalist, park manager or any other similar employee shall be

responsible for all costs associated with maintaining such equine.

(3) The division of parks and recreation is authorized to promulgate rules in

accordance with the Uniform Administrative Procedures Act, compiled in title 4,

chapter 5, necessary to carry out this subsection (c) including establishing a value

for the equine at the time the decision is made to retire the equine from service.

(d) The division of parks and recreation, with the approval of the department of human

resources, shall establish standards of training and qualification for the

commissioning of employees as law enforcement officers, and for in-service training

of its commissioned employees. Training standards shall be consistent with those

established by a recognized agency such as the Tennessee peace officer standards

and training commission, the Jerry F. Agee Tennessee Law Enforcement Training

Academy or the department of interior, national park service.

(e) After twenty-five (25) years of honorable service by a commissioned employee, the

department of environment and conservation, bureau of state parks and recreation

shall authorize the employee, upon retirement, to retain such employee's service

weapon in recognition of the employee's many years of good and faithful service. A

commissioned employee who retires on disability retirement also may be authorized

to retain that employee's service weapon.

§ 11-4-803 Cooperation with executive director of wildlife resources agency

The state forester, by and with the approval of the commissioner of agriculture, shall

cooperate with the executive director of the wildlife resources agency in furtherance of the

policy of this state to protect and propagate wild animals, wild birds and fish, and, by and

with the consent of the commissioner, shall designate any state forest a game refuge or

preserve, and is authorized to cooperate with the executive director of the wildlife

resources agency in developing such state forests for the purpose of preserving and

propagating the wildlife of this state.

§ 11-5-108 Vandalism of caves or caverns

(a) It is an offense for any person, without the prior permission of the owner, to knowingly:

(1) Break, break off, crack, carve upon, write or otherwise mark upon, or in any manner

destroy, mutilate, injure, deface, mar or harm any natural material found within any

cave or cavern, such as stalactites, stalagmites, helictites, anthodites, gypsum

flowers or needles, flowstone, draperies, columns or other similar crystalline

material formations;

(2) Kill, harm or disturb any plant, animal or artifact found therein;

(3) Disturb or alter the natural condition of such cave or cavern; or

(4) Break, force, tamper with, remove, or otherwise disturb a lock, gate, door or other

structure or obstruction designed to prevent entrance to a cave or cavern, whether

or not entrance is actually gained.

(b) Nothing in this section shall be construed to prohibit the owner of property from

performing on such owner's property any of the acts set forth in subsection (a).

106(a)(36) and punished as theft under § 39-14-103.

§ 11-11-113 Use of right of way- Hunting restricted (along Tennessee Trails

System) [relevant portion]

(b) No hunting of wild game shall be permitted on or along any section of the system

except as authorized by the department; provided, that the owner of real property

adjacent to any part of the system may hunt with or without department authorization

on that portion of the system which is adjacent to such owner's property.

§ 11-14-102 Natural Areas Preservation -- purpose

The general assembly finds that in the countryside of Tennessee there are areas

possessing scenic, scientific, including biological, geological and/or recreational values,

and which are in prospect and peril of being destroyed or substantially diminished by

actions such as dumping of refuse, commercialization, construction, changing of

population densities or similar actions, there being either no regulations by the state or

by local governments or regulations which are inadequate or so poorly enforced as not to

yield adequate protection to such areas. It is the intention of the general assembly to

provide protection for such areas.

§ 11-14-105 Natural Areas Preservation - Classifications

There shall be two (2) classes of areas within the meaning of this part:

(1) Class I, scenic-recreational areas, which are areas associated with and containing

waterfalls, natural bridges, natural lakes, small but scenic brooks or streams, gorges,

coves, woodlands, caverns or other similar features or phenomena, which are unique

in scenic and recreational value and not extensive enough for a state park but worthy

of perpetual preservation; and

(2) Class II, natural-scientific areas, which are areas associated with and containing floral

assemblages, forest types, fossil assemblages, geological phenomena, hydrological

phenomena, swamplands and other similar features or phenomena which are unique

in natural or scientific value and are worthy of perpetual preservation.

§ 11-14-106 Natural Areas Preservation - Development permitted

(a) The following development shall be permitted in the two (2) classes of areas:

(1)

(A) Class I areas may be developed with foot trails, foot bridges, overlooks, primitive

campgrounds and small picnic areas with associated sanitary facilities;

(B) Class II areas may be developed with foot trails, foot bridges, overlooks and

primitive campgrounds; and

(2) Either class may be developed with such facilities as may be reasonably necessary

for the dissemination of educational material and for the safe and proper

management and protection of the area; provided, that no such facility shall be

constructed or sited in such a manner as to be inconsistent with the preservation of

the natural or scientific values in a Class II area or as an intrusion upon the scenic

and recreational values in a Class I area.

(b) The commissioner shall adopt rules and regulations for each natural area, specifying

the activity or activities permitted. Such permissible activities shall not be inconsistent

with the purpose of perpetual preservation. If, in the discretion of the commissioner,

any portion of an area is deemed to be of so fragile a nature that overuse may damage

it, limitations may be placed on activities within those portions. Removal of plants,

animals or geological specimens shall not be permitted except by permit issued by the

commissioner. If hunting or fishing are among the activities permitted by the

commissioner, the commissioner shall adopt, with the advice of the wildlife resources

agency, rules and regulations to regulate such activity on the natural area in question.

Such rules and regulations may be more restrictive than the rules and regulations

adopted for statewide hunting and fishing by the wildlife resources agency.

§ 11-14-108 Designation of areas

(a) The general assembly may designate Class I or Class II areas proposed by the

commissioner to become parts of the system. However, designation by the general

assembly need not necessarily be restricted to areas proposed by the department.

(b) The following areas are designated natural areas:

(1) Class I—Scenic-Recreational Areas

(A) Bays Mountain. An approximately three thousand five hundred (3,500) acre

natural area located in Sullivan and Hawkins counties, plus any of approximately

seven hundred (700) acres in private ownership which may be acquired for

addition to the natural area. The area includes a lake, interpretive trails, outdoor

education and recreation facilities, and areas of great scenic beauty, including

Laurel Run Gorge where several of Tennessee's rare plant species occur. The

area is managed by the governments and agencies of Kingsport and Hawkins

County with cooperation and support from the Tennessee natural areas

program;

(B) Big Cypress Tree. A bottomland hardwood, partly forested area containing the

largest recorded bald cypress (Taxodium distichum) tree on the North American

continent with approximately two hundred seventy (270) acres in Weakley

County. The Big Cypress Tree State Natural Area composed of approximately

three hundred twenty-nine (329) acres with deeds of record in the register of

deeds office of Weakley County in deed book 194 page 411, book 154 page

246, and book 154 page 244, is transferred from the jurisdiction of the

Tennessee wildlife resources agency to the jurisdiction of the department of

environment and conservation; provided, that hunting shall continue to be

permitted following the transfer in the entire portion of the area that the agency

has allowed hunting in the year preceding June 8, 2007, in the same manner as

hunting is permitted in a wildlife management area within the agency designated

region such area is located; and provided, that the agency shall have full access

to, and use of, any facility in the area. Access and use shall include control of

any structure constructed by the agency;

lake and scenic stream, consisting of approximately two hundred seventeen (217)

acres of land and water in Putnam and White counties;

(D) Chimneys. An area of approximately thirty-three (33) acres along Pocket Creek

in Marion County that protects an unusual geologic feature and surrounding

forested gorge. This area, located within the Cumberland Plateau Physiographic

Province, includes two (2) isolated sandstone pinnacles rising out of Pocket

Gorge. The pinnacles are connected by a natural bridge or arch that forms a

natural window in their base. In addition to the pinnacles, this area also includes

several waterfalls and an “old growth” hemlock forest;

(E) Devil's Backbone. A forest of approximately nine hundred fifty (950) acres with a

high diversity of upland community types representative of the western Highland

Rim. It is located in Lewis County west of the Natchez Trace Parkway. Its

prominent topographic features are numerous dry rocky ridges with moderate to

steep slopes which form hollows with several perennial streams. The department

will develop a plan for the development and management of the additional

acreage east of the Natchez Trace in consultation with Lewis County;

(F) Dunbar Cave. A well-explored, scenic and historic cave along with a small lake

and upland hardwood forest, consisting of approximately one hundred fifteen

(115) acres of land and water in Montgomery County;

(G) Falling Water Falls. A one-hundred-thirty-foot (130′) falls with view of the

Sequatchie Valley, consisting of approximately one hundred thirty-six (136) acres

in Hamilton County;

(H) Frozen Head State Park. An area of approximately eight thousand six hundred

twenty (8,620) acres lying within the twenty-two thousand eight hundred (22,800)

acre Frozen Head State Park. The area contains undisturbed forest land of

unique configuration and is located in the southeast portion of Morgan County.

The state park is comprised of the class I area, the class II area, three hundred

thirty (330) acres located along North Prong Flat Fork Creek and Judge Branch

below one thousand six hundred feet (1,600′) elevation and one (1) acre on the

summit of Frozen Head Mountain, and seven thousand three hundred twenty

(7,320) acres known as the Emory tract;

(I) Ghost River (Section of the Wolf River). An area of approximately two thousand

three hundred six (2,306) acres located in Fayette County that supports high

quality bottomland hardwood forest and forested wetland communities occurring

along scenic meanders of the Wolf River. The Bald Cypress-Tupelo Forest

Community is a dominant natural feature established along river, swamp, and

lake habitats and is representative of unaltered pristine river systems;

(J) Grundy Forest. An area consisting of two hundred thirty-four (234) acres

containing unique gorges with outstanding scenic views in Grundy County;

(K) Hampton Creek Cove. A six hundred ninety-three (693) acre site in the

headwaters of Hampton Creek in Carter County, that supports several rare plants

and animals for Tennessee and represents a key tract in the protection of the

Roan Mountain Massif;

(L) House Mountain. An area of approximately five hundred twenty-seven (527)

acres on the upper slopes and crest of the four thousand (4,000) acre mountain

which is a unique synclinal outlier of Clinch Mountain, possessing a combination

of scenic views, geological formations and bird and plant life, lying within a major

metropolitan area and incorporating the southern terminus of the Trail of the

Lonesome Pine, in Knox County. No land for the House Mountain scenic-

recreational area shall be acquired by any governmental entity by use of its

power of eminent domain;

(M) John Noel State Natural Area at Bon Aqua. An area of approximately thirty-five

(35) acres in Hickman County protecting a small remnant mesic white oak forest

community of “old growth” characteristics, including a variety of oak and hickory

species of considerably larger diameter than those found in similar forest types

elsewhere in Middle Tennessee. The forest is also significant because umbrella

magnolia, a relatively uncommon species on the Western Highland Rim, is

abundant in the understory;

(N) Natural Bridge. A twenty-five-foot (25′) natural rock bridge, consisting of

approximately three (3) acres in Franklin County;

(O) Ozone Falls. A one-hundred-ten-foot (110′) falls and scenic gorge area,

consisting of approximately sixteen and five-tenths (16.5) acres in Cumberland

County;

(P) Reelfoot Lake. A natural, earthquake-formed lake, consisting of approximately

eighteen thousand (18,000) acres of land and water owned by the state of

Tennessee and the United States in Lake and Obion counties;

(Q) Rugby. An area of approximately seven hundred sixty-two (762) acres in Morgan

County located adjacent to Historic Rugby. This forested tract protects the

watershed of Little Creek and has a rich spring flora;

(R) Shelby Farms Forest—Lucius E. Burch, Jr. Natural Area. An area of

approximately seven hundred eighty-eight and thirty-three one-hundredths

(788.33) acres located within Shelby Farms Forest Park in Shelby County. This

coastal plain site includes areas of bottomland hardwood/bald cypress-tupelo

forest and forested wetland communities along the northeasterly and northerly

sides of the Wolf River and provides habitat for plant and animal species in need

of conservation. The seven hundred eighty-eight and thirty-three one-hundreds

(788.33) acre natural area includes two (2) separate forest areas: an

approximately four hundred thirteen and seventy-five one-hundredths (413.75)

acre bottomland hardwood/bald cypress-tupelo swamp forest north of Walnut

Grove Road, and an approximately three hundred seventy-four and fifty-eight

one-hundredths (374.58) acre mature bottomland hardwood/bald cypress forest

south of Walnut Grove Road. Such description is more particularly described in a

survey prepared by Dickinson & Bennett, Inc., for Shelby County Government on

November 5, 2003;

(T) Short Springs. An area of approximately four hundred twenty (420) acres located

within Coffee County. The area includes rich woods, forested ravines, low

cascades, springs and waterfalls, one (1) of which is sixty feet (60′) in height; in

addition it contains a large diversity of wildflowers including two (2) state-listed

endangered plant species (Nestronia and Broad-leaved Bunchflower). It is an

excellent example of the forested slopes which are transitional between the

Highland Rim and the Central Basin; and

(U) Stillhouse Hollow Falls. An area of approximately ninety (90) acres in Maury

County containing a seventy-five-foot-high waterfall that cascades into a deep

plunge pool at the base of a rock amphitheater. The surrounding hardwood forest

includes an understory of oakleaf hydrangea and a rich display of spring flora,

including the rare grass of Parnassus;

(2) Class II—Natural-Scientific Areas

(A) Auntney Hollow. An area of approximately twenty-seven (27) acres located in

Lewis County that supports the federally listed plant, Tennessee yellow-eyed

grass (Xyris tennesseensis). This Western Highland Rim site protects a

significant population of this rare plant, which occurs here in a globally rare xyris

seep community. The rare grass of Parnassas (Parnassia grandifolia) is a

codominant plant species of the xyris seep community;

(B) Barnett's Woods. A forty (40) acre site located in Montgomery County which

supports the federally threatened Price's potato bean;

(1,678) acres located in Davidson County that protects a diversity of high quality

forest communities, barrens, and rare plant species, including Eggert's sunflower,

Michigan lily, lady's slipper orchids, shortleaf pine, and butternut trees. Its natural

features include ridges, narrow moist hollows with steep slopes, springs, streams

and waterfalls representative of Western Highland Rim topography;

(D) Bone Cave. A cave of extremely significant archaeological, historical, and scenic

value consisting of approximately three hundred thirty-four (334) acres in Warren

County;

(E) Campbell Bend Barrens. An area of approximately thirty-five (35) acres in Roane

County containing an undisturbed example of a Ridge and Valley limestone

barrens plant community with exposed limestone. It is comprised of native

grasses, other barrens flora, and is surrounded by a mixed hardwood forest;

(F) Carroll Cabin Barrens. An area of approximately two hundred fifty (250) acres

located in Decatur County. This West Tennessee Uplands site supports a rare

glade/barrens community that occurs in association with outcrops of Silurian

limestone formations. The Limestone Hill Barrens Community grassland is

dominated by little bluestem (Schizachyrium scoparium) with rare plant species

that include barrens silky aster (Aster pratensis), hairy fimbristylis (Fimbristylis

puberula), and slender blazing star (Liatris cylindracea);

(G) Cedars of Lebanon Natural Area. An area consisting of two thousand six

hundred ninety (2,690) acres comprising the best examples of the Cedar Glade

ecosystem in Tennessee and possibly the entire United States. It is located in

Wilson County;

(H) Colditz Cove. An area of approximately one hundred sixty-five (165) acres in

Fentress County containing the seventy-five foot (75′) Northrup Falls and a scenic

gorge with many interesting rock formations;

(I) Couchville Cedar Glade. A one hundred forty (140) acre site in Davidson County

adjacent to Long Hunter State Park which supports the largest population of the

globally-rare, federally endangered Tennessee coneflower. This site is

considered to be one of the best barren and glade sites in Tennessee;

(J) Crowder Cemetery Barrens. An area of approximately fifteen (15) acres in Roane

County containing a floristically rich example of a Ridge and Valley limestone

barrens with several rare plant species, including the tall larkspur, slender blazing

star, and white upland aster, as well as an outstanding display of prairie dock;

(K) Dry Branch. An area of approximately two thousand one hundred sixty-eight

(2,168) acres located in Lewis County that protects one of the largest known

populations of the rare plant, Tennessee yellow-eyed grass, as well as the rare

seep communities where it grows. This western Highland Rim site also protects a

number of other rare plant species, including small-headed rush and large-leaved

grass of Parnassus;

(L) Duck River Complex. A complex of five (5) separate subunit natural areas totaling

approximately two thousand six hundred twelve (2,612) acres within the twelve

thousand (12,000) acre Duck River Wildlife Management Area in Maury County.

Located in the Central Basin, these areas support rare species associated with

globally rare cedar glades and barrens communities, including the federally listed

leafy prairie-clover (Dalea foliosa). The areas support diverse forest community

types, caves and other karst features, and scenic attributes associated with a

segment of the Duck Scenic River that flows through this public land;

(M) Elsie Quarterman Cedar Glade. An area of approximately one hundred eighty-

five (185) acres in Rutherford County that includes a large expanse of cedar

glades and barrens supporting a population of the federally endangered

Tennessee coneflower (Echinacea tennessensis), and numerous other cedar

glade endemic plants and natural communities;

(N) Fall Creek Falls State Park. An isolated and rugged portion of the Cumberland

Plateau in Van Buren and Bledsoe counties containing sixteen thousand one

hundred eighty-one (16,181) acres of the twenty-five thousand four hundred

seventeen (25,417) acre state park;

(O) Fate Sanders Barrens. An area of approximately two hundred thirty (230) acres

located in Rutherford County that includes barrens with small glades interspersed

among cedar-hardwood forest. The barrens of this Central Basin site are

dominated by native warm season grasses, while the glades support state-listed

rare and endemic plant species;

(P) Flat Rock Cedar Glades and Barrens. An area approximately eight hundred forty-

six (846) acres in Rutherford County that includes a large expanse of cedar

glades and barrens supporting populations of the federally and state endangered

Pyne's Ground-Plum (Astragalus bibullatus) and Leafy Prairie-Clover (Dalea

foliosa), as well as numerous other rare and endemic species of plants. This

biologically rich site is within the Central Basin Physiographic Province and

represents one of the largest and most ecologically diverse glade/barren

complexes in the Central Basin;

(Q) Frozen Head State Natural Area. An area of approximately six thousand five

hundred thirty (6,530) acres within the twenty-two thousand eight hundred

(22,800) acre Frozen Head State Park located in Morgan County and within the

Cumberland Plateau Physiographic Province. The entire area possesses deep

hollows and valleys that represent numerous forest types with mixed mesophytic

forest being the most prevalent. It contains significant mature forests and rare

plants and is one of the least disturbed areas within the Cumberland Mountains;

(R) Gattinger's Cedar Glade and Barrens. An area of approximately fifty-seven (57)

acres located in Rutherford and Wilson counties. This Central Basin site supports

one of the largest known populations of the rare Tennessee coneflower, as well

as numerous other rare and endemic cedar glade plants. It is a pristine limestone

cedar glade-barrens complex;

(S) Hawkins Cove. A two hundred forty-nine (249) acre site in Franklin County which

supports a population of the Cumberland rosinweed, a rare plant for Tennessee;

(T) Hicks Gap. An area of approximately three hundred fifty (350) acres located

within Prentice Cooper State Forest in Marion County. The area includes a

forested slope in the scenic Tennessee River Gorge containing a large population

of a federally endangered plant species known as Scutellaria montana (large-

flowered skullcap);

(U) Hill Forest. An area of approximately two hundred twenty-five (225) acres in

Davidson County protecting a western mesophytic forest community with “old

growth” characteristics located in Metropolitan Nashville. The forest has a high

diversity of exceptionally large diameter tree species including oaks, hickories,

and tulip poplars and is an exemplary remnant forest within an urban setting;

(V) Honey Creek. A wooded area near the Big South Fork River Gorge that includes

rock houses, scenic streams, and a waterfall. The area is located in Scott County,

and consists of one hundred nine (109) acres;

(W) Hubbard's Cave. A fifty (50) acre site located in Warren County. More than two

hundred fifty thousand (250,000) federally endangered gray and Indiana bats,

more than all other known Tennessee caves combined, hibernate in the cave;

(X) John and Hester Lane Cedar Glades. An area of approximately forty-five (45)

acres located in Wilson County and within the Central Basin Physiographic

Province. This site consists of a complex of pristine limestone cedar glades and

mixed cedar-hardwood forests, and protects one of the largest known

populations of the rare and endemic federal and state listed Tennessee

coneflower, as well as a population of the state and federal listed leafy prairie-

clover. This ecologically significant site also protects numerous other species of

rare cedar glade flora;

(Y) Langford Branch. An area of approximately twenty-three (23) acres in Lewis

County that supports the federally listed Tennessee yellow-eyed grass (Xyris

tennesseensis). Tennessee yellow-eyed grass occurs in an ecologically

significant small calcareous seep community with other rare plants that include

grass of parnassus (Parnassia grandifolia) and short-headed rush (Juncus

brachycephalus). The seep is nested within an oak-hickory forest with grassland

barrens species occurring on steep slopes;

(Z) Laurel Snow. A wooded area with three (3) flowing streams, two (2) scenic

waterfalls, gorges, and a small stand of virgin timber consisting of two thousand

two hundred fifty-nine (2,259) acres in Rhea County;

(AA) Lost Creek. An area of approximately two hundred eleven (211) acres located

in White County with habitat for the federally endangered Indiana bat and seven

(7) globally imperiled cave dwelling invertebrates, six (6) of which are endemic to

Tennessee;

(BB) Manus Road Cedar Glade. An area of approximately twenty-two (22) acres

located in Rutherford County. This Central Basin site supports a high quality

limestone cedar glade with rare and endemic cedar glade plants including the

federally endangered Pyne's ground plum (Astragalus bibullatus) and the state

listed evolvulus (Evolvulus nuttallianus) and Tennessee milk-vetch (Astragalus

tennesseensis);

(CC) May Prairie. A remnant of the prairie that once covered many acres in Middle

Tennessee, consisting of approximately four hundred ninety-two (492) acres in

Coffee County;

(DD) Meeman-Shelby Forest. An area of approximately eleven thousand (11,000)

acres located within Meeman-Shelby State Park in Shelby County. This area

supports large unfragmented cypress dominated sloughs and bottomland

hardwood forests that represent exemplary forest communities of the Mississippi

Alluvial Plain in West Tennessee. It also supports significant unfragmented

upland hardwood forests occurring along the Chickasaw Bluff;

(EE) Montgomery Bell. This area is comprised of a southern tract of approximately

seven hundred eighty-four (784) acres and a northern tract, referred to as

Wildcat Ridge, of approximately three hundred two (302) acres of oak-hickory

forests in Dickson County. These tracts are among the best known examples of

representative oak-hickory forest ecosystems on the Western Highland Rim in

Tennessee;

(GG) Morrison Meadow. An area of approximately eighteen (18) acres in Warren

County on the Eastern Highland Rim containing an excellent example of a once

extensive wetland prairie/barrens complex and associated wet flatwoods.

Dominated by native warm-season grasses, the native barrens at this site

contain a high level of floristic diversity, including at least ten (10) state listed

plant species and is regarded as one of the most significant botanical sites in the

state;

(HH) Mount View Glade. A nine (9) acre site located in Davidson County which

supports an important colony of the globally-rare, federally-endangered

Tennessee coneflower;

(II) Mr. and Mrs. Harry Lee Carter Natural Area. An area of approximately nine

hundred thirty-one (931) acres, located in Franklin County, also known as, and

containing, Lost Cove Cave (Buggytop Caves);

(JJ) North Chickamauga Creek Gorge. An area of approximately seven thousand

ninety-three (7,093) acres located in Hamilton County that includes the rugged

and steep gorge of North Chickamauga Creek. This area provides habitat for the

state and federally endangered large-flowered skullcap (Scutellaria montana)

and the state endangered and federally threatened Virginia spirea (Spirea

virginiana), as well as numerous other rare species of plants. This Cumberland

Plateau site includes a diversity of forest types from rich mixed mesophytic forest

in the gorge to xeric oak-hickory-pine forest on the uplands;

(KK) Old Forest. A forested area of approximately one hundred twenty-six (126)

acres located in the eastern half of Overton Park in Shelby County. Overton Park

was purchased in 1901 as the first city park in Memphis and is listed on the

national register of historic places. The park's forest is comprised of upland old

growth that has never been cleared or farmed despite its location in the center of

a major urban area. The forest contains more than three hundred thirty (330)

flowering plant species from eighty-five (85) plant families, including eleven (11)

species of oak trees, eight (8) species of grapevines and a wide variety of native

wildflowers. The forest is roughly bounded by the Memphis Zoo's perimeter and

North Parkway on the north, East Parkway on the east, Poplar Avenue on the

south, and Lick Creek on the west;

(LL) Overbridge. An area of seventy (70) acres in Rutherford County which supports

a pristine cedar glade community including a population of the federally

endangered Pyne's Ground Plum and six (6) state listed plants;

(MM) Piney Falls. Two (2) small waterfalls along with a scenic gorge that includes

pockets of virgin timber, consisting of approximately eight hundred eighteen

(818) acres in Rhea County;

(NN) Pogue Creek. An area of approximately three thousand (3,000) acres in

Fentress County located adjacent to Pickett State Forest and containing scenic

gorges with numerous cliffs, sandstone arches, waterfalls, and rock houses, as

well as rich forest communities. It also protects populations of rare species

including Cumberland sandwort and Lucy Braun's snakeroot;

(OO) Powell River Preserve. A twenty-nine (29) acre site located in Claiborne County

which supports the state's largest population of large-leaved grass of Parnassus

and showy ladyslipper;

(PP) Radnor Lake. A one thousand three hundred sixty-seven (1,367) acre area in

Davidson County, containing a seventy (70) acre lake, marshes, streams, and

wooded hills;

(QQ) Riverwoods Natural Area. An area of approximately twenty-one (21) acres,

located in Shelby County;

(RR) Roundtop Mountain. An area bordering for one (1) mile on the Great Smoky

Mountains National Park and containing an ecosystem very similar to the

relatively untouched Appalachian Uplands of the national park. The area is

located in Sevier County;

(SS) Savage Gulf. A mixed-mesophytic, semi-virgin forest, consisting of

approximately fifteen thousand five hundred ninety (15,590) acres in Grundy

County;

(TT) Sequatchie Cave. An area of approximately one hundred thirty-three (133)

acres located where Owen Spring Branch flows from the mouth of the cave at

Sequatchie Cave Park in Marion County. The cave and its cool spring water

support the federally listed royal snail (Pyrgulopsis ogmorphaphe) and

numerous other rare faunal species. This is also the type locality of a rare

cadisfly (Glyphopsyche sequatchie);

(UU) Sherwood Forest. An area of approximately three thousand seventy-five

(3,075) acres located in Franklin County that protects the federally endangered

Morefield's leather-flower (Clematis morefieldii) and the federally threatened

painted snake coiled forest snail (Anguispira picta). In addition, this natural area

protects five (5) state-listed species, including three (3) plant and two (2) animal

species;

(WW) Stinging Fork Falls. A gorge lying in and along Stinging Fork Creek that

includes waterfalls and scenic overlooks. The area consists of seven hundred

seventy-six (776) acres and is located in Rhea County;

(XX) Stones River Cedar Glade and Barrens. An area of approximately one hundred

and eighty-five (185) acres located within Stones River National Battlefield in

Rutherford County. This Central Basin site includes rare limestone cedar glades

and barrens communities, and is a recovery site for the rare Tennessee

coneflower and Pyne's ground-plum. This site also supports numerous other

rare and endemic cedar glade plants;

(YY) Sunk Lake. An area containing a series of open lakes and swamp forest, and

consisting of approximately one thousand eight hundred seventy-three (1,873)

acres in Lauderdale County;

(ZZ) Sunnybell Cedar Glade. A thirty-six (36) acre site in Rutherford County which

supports a large population of rare yellow sunnybells and six (6) other rare

plants;

(AAA) Taylor Hollow. A one hundred sixty-two (162) acre remnant old growth forest

in Sumner County which supports the rare blue-eyed Mary and dwarf trillium;

(BBB) Twin Arches. An area of approximately one thousand five hundred (1,500)

acres containing two (2) fifty foot (50′) high natural bridge arches located in

Pickett County;

(CCC) Vesta Cedar Glade. A one hundred fifty (150) acre cedar glade in Wilson

County, which supports one of only five (5) known populations of the

endangered Tennessee coneflower plus other rare cedar glade plants;

(DDD) Vine Cedar Glade. An area of approximately thirty five (35) acres in Wilson

County that includes rare cedar glades and barrens communities and supports

a population of the federally endangered Tennessee coneflower (Echinacea

tennesseensis) as well as numerous other species of rare cedar glade plants.

This area is located in the Central Basin physiographic province of middle

Tennessee;

(EEE) Virgin Falls. A wooded area consisting of one thousand one hundred thirty-

three (1,133) acres and containing the unusual Virgin Falls, sinkholes, caves,

and portions of the Caney Fork River located in White County;

(FFF) Walker Branch Dragonfly and Damselfly Preserve. This is approximately five

hundred twenty (520) acres in Hardin County near the Tennessee River. This

site has forested wetland communities including Tupelo gum (Nyssa aquatica)

and Bald cypress (Taxodium distichium) with surrounding floodplain and upland

forest community types. There are upland seeps, which combined with these

many other forest communities, provide unique habitat for more than thirty-

seven (37) species of dragonflies and damselflies;

(GGG) Walls of Jericho. An area of approximately seven hundred fifty (750) acres in

Franklin County located within the Bear Hollow Wildlife Management Area. This

forested property contains a gorge known as the Walls of Jericho, a large, bowl-

shaped natural amphitheater with interesting and unusual rock formations

carved by Turkey Creek. In addition to its natural beauty, this property protects

a diverse array of plant and animal species, including the rare limerock

arrowwood;

(HHH) Walnut Knob. An area of approximately eighteen (18) acres located in Smith

County that protects a population of the federally endangered Braun's rockcress

(Boechera perstellata). A mesic forest with large limestone outcrops, in addition

to a dry oak forest, provides habitat for the rockcress;

(III) Walterhill Floodplain. A thirty-four (34) acre area located along the Stones River in

Rutherford County, and supporting one of the world's largest populations of the

Stones River bladderpod, one of Tennessee's rarest plants;

(JJJ) Washmorgan Hollow. A seventy-three (73) acre site in Jackson County which

supports a rare mint population and is a significant neotropical bird habitat;

(KKK) Watauga River Bluffs. An area of approximately fifty (50) acres located along

the Watauga River in Carter County that includes a mixture of calcareous

riverine bluffs and mixed oak/hemlock forest. This site supports a population of

the rare Carolina pink (Silene caroliniana), and one of the best examples of a

rock chestnut oak-eastern red cedar forest in the Ridge and Valley

physiographic province;

(LLL) William B. Clark Conservation Area. An area of approximately four hundred

twenty-eight (428) acres located in Fayette County that supports high quality

bottomland hardwood and forested wetland communities occurring along scenic

meanders of the Wolf River. Located in the Coastal Plain physiographic

province of west Tennessee, this site contains unaltered river channels and

forested flood plains featuring high quality Bald Cypress-Water Tupelo forest

communities, and provides habitat for numerous species of plants and animals

in need of conservation;

(MMM) William L. Davenport Refuge. An area of approximately one hundred twenty

(120) acres in Polk County that includes a southern Appalachian bog

community. This plant community is considered globally rare. It is characterized

by an open canopy and is covered by a mat of large cranberry (Vaccinium

macrocarpon) interspersed with tawny cotton-grass (Eriophorum virginicum),

and alder (Alder serrulata) at the bog's edge;

(NNN) Wilson School Road forest and cedar glades. A predominately forested area of

approximately fifty-eight (58) acres in Marshall County in the Central Basin

containing small limestone cedar glades and karst topography with wet weather

conveyances, and dry woodlands containing eastern red cedar and blue ash

trees. There are three (3) rare plant species known on this site, including the

globally rare running glade clover (Trifolium calcaricum), Carolina anemone

(Anemone caroliniana), and Tennessee glade cress (Leavenworthia exigua var.

exigua); and

(OOO) Window Cliffs. An area of approximately two hundred seventy-five (275) acres

located in Putnam County with mesas, limestone arches, panoramic vistas,

habitat for three (3) state-listed plants, a scenic waterfall, and a portion of Cane

Creek.

§ 12-2-201 Sale authorized – sales to governmental entities – duties of the chief

procurement officer.

(a) The chief procurement officer is hereby authorized to dispose of at public sale, or to a

governmental entity in accordance with the requirements of § 12-2-407, all motor

vehicles and intoxicating beverages which have been seized and confiscated by any

duly authorized agent, employee, or representative of certain departments and

agencies of this state; to wit, the alcoholic beverage commission, department of safety,

and wildlife resources agency, including any such seizure and confiscation made by

any sheriff, deputy sheriff or constable of any county, when any such motor vehicle or

intoxicating beverage shall have been used, owned or possessed in violation of any of

this state, relating to intoxicating liquors, or shall have been used, owned or possessed

in violation of any of the laws relating to narcotics and contraband drugs, or when the

same shall have been used, owned, or possessed in violation of certain game and fish

laws, the intoxicating liquor laws being chapter 49 of the Public Acts of 1939, as

amended, and compiled in title 57, chapter 3, parts 1-4, as well as chapter 119 of the

Public Acts of 1941, as amended, compiled in title 57, chapter 9, part 2, and chapter

50 of Public Acts of 1919, as amended by § 57-9-115, the narcotic and contraband

drug laws being chapter 83 of the Public Acts of 1955, as amended, compiled in §§

53-11-201, 53-11-203 and 53-11-204, and the game and fish laws being chapter 115

of the Public Acts of 1951, as amended, compiled in § 70-6-202.

(b)

(1) Notwithstanding any provision of the law or this chapter to the contrary, in the sale

of motor vehicles to governmental entities in accordance with § 12-2-407, it is the

duty of the chief procurement officer to:

(A) Determine the place of storage and the location of the sale of such motor

vehicles;

(B) Determine, in lieu of § 12-2-205, the fair market value of such vehicles to be

sold;

defray the costs of administering the sale and such percentage may exceed the

amount provided in § 12-2-207(a);

(D)

(i) Enter notice of the intended disposal by public sale in at least one (1)

newspaper of general circulation in the county or counties in which the

disposal is to be made;

(ii) Include in such advertisement the manner in which interested parties can

obtain information regarding the make, model, condition and options which

may be on a vehicle; and

(iii) Post printed public notices in at least two (2) public places in the county in

which the vehicle was seized and confiscated, with one (1) of the public

places to be the courthouse; and

(E) Promulgate rules and regulations for the implementation of this section.

(2) For such sales, § 12-2-202(b) does not apply. Notwithstanding any law or § 12-2-

208 to the contrary, any state, city or county officer, employee or such person's

agent may buy or offer to buy motor vehicles when such purchase is in the name of

and for the use of a governmental entity.

§ 12-2-410 Disposal procedures

All disposals of surplus state personal property shall be conducted by the department of

general services, in accordance with this part and applicable regulations of the

procurement commission. The procurement commission may, however, in its discretion,

designate the department having jurisdiction over the producing facility as the agent for

disposal in the case of surplus agricultural products or livestock; provided, that such

disposal is made in accordance with the other provisions of this part and the applicable

regulations of the procurement commission.

§ 12-4-702 Prompt Pay Act of 1985 – Definitions [See Full Statute - Applicable to

Contracts between State Agencies and Contractors] [Relevant Part]

As used in this part, unless the context otherwise requires:

…

(1) "Property" means anything of value, including, but not limited to, real estate,

tangible and intangible personal property, contract rights, choses-in-action and

other interests in or claims to wealth, admission or transportation tickets, captured

or domestic animals, electric or other power and signatures which purport to

create, maintain or extinguish any legal obligation; [Note that this definition of

property is only applicable to sections within the Prompt Pay Act of 1985, which

requires that state agencies pay contractors in accordance to their contract]

§ 29-34-209 Immunity for forcible entry of a motor vehicle to remove minor or

animal

(a) A person whose conduct conforms to the requirements of subsection (b) shall be

immune from civil liability for any damage resulting from the forcible entry of a motor

vehicle for the purpose of removing a minor or an animal from the vehicle.

(b) Subsection (a) applies if the person:

(1) Determines the vehicle is locked or there is otherwise no reasonable method for

the minor or animal to exit the vehicle;

(2) Has a good faith belief that forcible entry into the vehicle is necessary because the

minor or animal is in imminent danger of suffering harm if not immediately

removed from the vehicle and, based upon the circumstances known to the

person at the time, the belief is a reasonable one;

(3) Has contacted either the local law enforcement agency, the fire department, or a

911 operator prior to forcibly entering the vehicle;

(4) Places a notice on the vehicle's windshield with the person's contact information,

the reason the entry was made, the location of the minor or animal, and the fact

that the authorities have been notified;

(5) Remains with the minor or animal in a safe location, out of the elements but

reasonably close to the vehicle, until law enforcement, fire, or another emergency

responder arrives; and

(6) Used no more force to enter the vehicle and remove the child or animal from the

vehicle than was necessary under the circumstances.

render aid to the minor or animal in addition to what is authorized by this section.

§ 35-6-403 Business and other activities conducted by trustee

(a) If a trustee who conducts a business or other activity determines that it is in the best

interest of all the beneficiaries to account separately for the business or activity instead

of accounting for it as part of the trust's general accounting records, the trustee may

maintain separate accounting records for its transactions, whether or not its assets are

segregated from other trust assets.

(b) A trustee who accounts separately for a business or other activity may determine the

extent to which its net cash receipts must be retained for working capital, the

acquisition or replacement of fixed assets, and other reasonably foreseeable needs of

the business or activity, and the extent to which the remaining net cash receipts are

accounted for as principal or income in the trust's general accounting records. If a

trustee sells assets of the business or other activity, other than in the ordinary course

of the business or activity, the trustee shall account for the net amount received as

principal in the trust's general accounting records to the extent the trustee determines

that the amount received is no longer required in the conduct of the business.

(1) Retail, manufacturing, service, and other traditional business activities;

(2) Farming;

(3) Raising and selling livestock and other animals;

(4) Management of rental properties;

(5) Extraction of minerals and other natural resources;

(6) Timber operations; and

(7) Activities to which § 35-6-414 applies.

§ 35-15-408 Trust for care of animal

(a) A trust may be created to provide for the care of an animal alive during the settlor's

lifetime. The trust terminates upon the death of the animal or, if the trust was created to

provide for the care of more than one (1) animal alive during the settlor's lifetime, upon

the death of the last surviving animal. The trust may not be enforced for more than

ninety (90) years.

(b) A trust authorized by this section may be enforced by any of the following who are

appointed under the terms of a trust: a trustee, trust advisor, trust protector or other

person or, if no person is so appointed, by a person appointed by the court. In

addition, a person having an interest in the welfare of the animal may request the court

to appoint a person to enforce the trust or to remove a person appointed.

except to the extent the court determines that the value of the trust property exceeds

the amount required for the intended use. Except as otherwise provided in the terms of

the trust, property not required for the intended use must be distributed to the settlor, if

then living, otherwise to the settlor's successors in interest.

§ 36-3-601 Domestic Abuse - definitions

As used in this part, unless the context otherwise requires:

(1) “Abuse” means inflicting, or attempting to inflict, physical injury on an adult or minor by

other than accidental means, placing an adult or minor in fear of physical harm,

physical restraint, malicious damage to the personal property of the abused party,

including inflicting, or attempting to inflict, physical injury on any animal owned,

possessed, leased, kept, or held by an adult or minor, or placing an adult or minor in

fear of physical harm to any animal owned, possessed, leased, kept, or held by the

adult or minor;

(2) “Adult” means any person eighteen (18) years of age or older, or who is otherwise

emancipated;

(3)

(A) “Court,” in counties having a population of not less than two hundred sixty

thousand (260,000) nor more than eight hundred thousand (800,000), according to

the 1980 federal census or any subsequent federal census, means any court of

record with jurisdiction over domestic relation matters;

(B) Notwithstanding subdivision (3)(A), “court,” in counties with a metropolitan form of

government with a population of more than one hundred thousand (100,000),

according to the 1990 federal census or any subsequent federal census, means

any court of record with jurisdiction over domestic relation matters and the general

sessions court. In such county having a metropolitan form of government, a judicial

commissioner may issue an ex parte order of protection. Nothing in this definition

may be construed to grant jurisdiction to the general sessions court for matters

relating to child custody, visitation, or support;

domestic relation matters or the general sessions court;

(D) “Court” also includes judicial commissioners, magistrates and other officials with

the authority to issue an arrest warrant in the absence of a judge for purposes of

issuing ex parte orders of protection when a judge of one of the courts listed in

subdivisions (3)(A), (3)(B) or (3)(C) is not available;

(E) In counties having a population in excess of eight hundred thousand (800,000),

according to the 1990 federal census or any subsequent federal census, “court”

means any court of record with jurisdiction over domestic relations matters or the

general sessions criminal court. In such counties, “court” also includes judicial

commissioners, magistrates and other officials with the authority to issue an arrest

warrant in the absence of a judge for purposes of issuing any order of protection

pursuant to this part when a judge of one of the courts listed in subdivisions (3)(A),

(3)(B) or (3)(C) is not available. Nothing in this definition may be construed to grant

jurisdiction to the general sessions court, both criminal and civil, for matters relating

to child custody, visitation, or support;

(F) Any appeal from a final ruling on an order of protection by a general sessions court

or by any official authorized to issue an order of protection under this subdivision

(3) shall be to the circuit or chancery court of the county. Such appeal shall be filed

within ten (10) days and shall be heard de novo;

(4) “Domestic abuse” means committing abuse against a victim, as defined in subdivision

(5);

(5) “Domestic abuse victim” means any person who falls within the following categories:

(A) Adults or minors who are current or former spouses;

(B) Adults or minors who live together or who have lived together;

relationship. As used herein, “dating” and “dated” do not include fraternization

between two (2) individuals in a business or social context;

(D) Adults or minors related by blood or adoption;

(E) Adults or minors who are related or were formerly related by marriage; or

(F) Adult or minor children of a person in a relationship that is described in

subdivisions (5)(A)-(E);

(6) “Firearm” means any weapon designed, made or adapted to expel a projectile by the

action of an explosive or any device readily convertible to that use;

(7) “Petitioner” means the person alleging domestic abuse, sexual assault or stalking in a

petition for an order for protection;

(8) “Preferred response” means law enforcement officers shall arrest a person committing

domestic abuse unless there is a clear and compelling reason not to arrest;

(9) “Respondent” means the person alleged to have abused, stalked or sexually assaulted

another in a petition for an order for protection;

(10) “Sexual assault victim” means any person, regardless of the relationship with the

perpetrator, who has been subjected to, threatened with, or placed in fear of any form

of rape, as defined in § 39-13-502, § 39-13-503, § 39-13-506 or § 39-13-522, or

sexual battery, as defined in § 39-13-504, § 39-13-505, or § 39-13-527;

(11) “Stalking victim” means any person, regardless of the relationship with the

perpetrator, who has been subjected to, threatened with, or placed in fear of the

offense of stalking, as defined in § 39-17-315; and

(12) “Weapon” means a firearm or a device listed in § 39-17-1302(a)(1)-(7).

§ 36-3-606 Scope of protection order

(a) A protection order granted under this part to protect the petitioner from domestic

abuse, stalking or sexual assault may include, but is not limited to:

(1) Directing the respondent to refrain from committing domestic abuse, stalking or

sexual assault or threatening to commit domestic abuse, stalking or sexual assault

against the petitioner or the petitioner's minor children;

(2) Prohibiting the respondent from coming about the petitioner for any purpose, from

telephoning, contacting, or otherwise communicating with the petitioner, directly or

indirectly;

(3) Prohibiting the respondent from stalking the petitioner, as defined in § 39-17-315;

(4) Granting to the petitioner possession of the residence or household to the

exclusion of the respondent by evicting the respondent, by restoring possession to

the petitioner, or by both;

(5) Directing the respondent to provide suitable alternate housing for the petitioner

when the respondent is the sole owner or lessee of the residence or household;

(6) Awarding temporary custody of, or establishing temporary visitation rights with

regard to, any minor children born to or adopted by the parties;

(7) Awarding financial support to the petitioner and such persons as the respondent

has a duty to support. Except in cases of paternity, the court shall not have the

authority to order financial support unless the petitioner and respondent are legally

married. Such order may be enforced pursuant to chapter 5 of this title;

(8) Directing the respondent to attend available counseling programs that address

violence and control issues or substance abuse problems. A violation of a

protection order or part of such order that directs counseling pursuant to this

subdivision (a)(8) may be punished as criminal or civil contempt. Section § 36-3-

610(a) applies with respect to a non-lawyer general sessions judge who holds a

person in criminal contempt for violating this subdivision (a)(8); or

(9) Directing the care, custody, or control of any animal owned, possessed, leased,

kept, or held by either party or a minor residing in the household. In no instance

shall the animal be placed in the care, custody, or control of the respondent, but

shall instead be placed in the care, custody or control of the petitioner or in an

appropriate animal foster situation.

(10) Directing the respondent to immediately and temporarily vacate a residence

shared with the petitioner, pending a hearing on the matter, notwithstanding any

provision of this part to the contrary;

(11) Directing the respondent to pay the petitioner all costs, expenses and fees

pertaining to the petitioner's breach of a lease or rental agreement for residential

property if the petitioner is a party to the lease or rental agreement and if the court

finds that continuing to reside in the rented or leased premises may jeopardize the

life, health and safety of the petitioner or the petitioner's children. Nothing in this

subdivision (a)(11) shall be construed as altering the terms of, liability for, or parties

to such lease or rental agreement.

(12) Ordering a wireless service provider to transfer the billing responsibility for and

rights to the wireless telephone number or numbers to a petitioner pursuant to § 36-

3-621.

(b) Relief granted pursuant to subdivisions (a)(4)-(8) shall be ordered only after the

petitioner and respondent have been given an opportunity to be heard by the court.

maximum penalty that may be imposed pursuant to § 36-3-610 for violating such

order.

(d) No order of protection made under this part shall in any manner affect title to any real

property.

(e) An order of protection issued pursuant to this part shall be valid and enforceable in any

county of this state.

(f) An order of protection issued pursuant to this part that fully complies with 18 U.S.C.

§ 922(g)(8) shall contain the disclosures set out in § 36-3-625(a).

§ 36-5-713 Noncompliance with support order to affect ability to hold licenses

(a) In addition to other qualifications for licensure or registration and conditions for

continuing eligibility to hold a license as prescribed by law, rule or regulation issued

under the provisions of titles 43, 44, 45, 55, 56, 62, 63, 68, 70 or 71, for an individual to

engage in a profession, trade, occupation, business, or industry, to hunt or fish, or to

operate any motor vehicle or other conveyance, applicants for licensure, certification

or registration, and licensees renewing their licenses, and existing licensees, must not

then be subject to a certification that the licensee is not in compliance with an order of

support.

(b) The supreme court is encouraged to establish guidelines to suspend the license of an

attorney who fails to comply with the requirements of §§ 36-5-701 -- 36-5-707.

§ 36-6-511 Qualifications for licensure or registration; eligibility

(a) In addition to other qualifications for licensure or registration and conditions for

continuing eligibility to hold a license as prescribed by law, rule or regulation issued

under the provisions of titles 43, 44, 45, 56, 62, 63, 68, 70 or 71, for an individual to

engage in a profession, trade, occupation, business, or industry, or to hunt or fish,

applicants for licensure, certification or registration, and licensees renewing their

licenses, and existing licensees, must not then be subject to a certification that the

licensee is not in compliance with an order of visitation.

(b) The supreme court is encouraged to establish guidelines to suspend the license of an

attorney who fails to comply with an order of visitation.

§ 37-1-702 Animal cruelty cases can be heard in teen court; procedure [relevant

portion]

…

shall determine that:

(1) The offense or attempted underlying the juvenile petition was one (1) of the

following:

…

(F) Cruelty to animals, § 39-14-202;

(d)

(1) A teen court has the authority to conduct proceedings and to receive evidence and

hear testimony related to the dispositional stage. The teen court shall consist of five

(5) teen members chosen by the juvenile court as set out in § 37-1-704. The teen

members shall choose a presiding officer who shall conduct the proceeding under

the supervision of the juvenile court judge. After hearing all evidence and

testimony, the teen court shall retire to deliberate and a written decision shall be

written by the presiding officer.

(2) The written decision shall be transmitted to the juvenile court judge as a

recommendation, together with all papers relating to the case. The written

recommendation will specify a proposed disposition together with reasons therefor.

(3) Upon receipt of the recommendation, the judge shall review it, along with all papers

relating to the case. The judge may accept, modify or reject the recommendation. If

the judge accepts the recommendation as presented or modified, the judge shall

confirm it by order. If the judge rejects the recommendation, the judge shall permit

any additional hearing as may be necessary and shall enter an order as necessary.

(4) The juvenile court shall dismiss the petition or charges at the conclusion of the

deferral period if the court determines that the teen has successfully completed the

teen court program. If the teen fails to successfully complete the prescribed

program, or if a new delinquent or unruly petition is filed against the teen during the

deferral period, the petition under which the teen court disposition was ordered

may be reinstated and the case may proceed as if the teen court disposition had

never been entered.

§ 38-1-401 Cross reporting of animal cruelty - definitions

As used in this part, unless the context otherwise requires:

(1) "Animal" means a domesticated living creature or a wild creature previously captured;

(2) “Cruelty," "abuse," and "neglect" mean every act, omission, or neglect whereby

unreasonable physical pain, suffering, or death is caused or permitted;

(3) "Owner" means any person who is the legal owner, keeper, harborer, possessor, or

the actual custodian of an animal. "Owner" includes corporations as well as

individuals; and

(4) "Reasonable suspicion" means that it is objectively reasonable for a person to

entertain a suspicion, based upon facts, that could cause a reasonable person in a

like position, drawing, when appropriate, on the person's training and experience, to

suspect animal cruelty, abuse, or neglect.

§ 38-1-402 Duty to report/cross report cruelty, abuse or neglect -- No duty to

investigate -- Confidentiality

(a) Any state, county or municipal employee of a child or adult protective services agency,

while acting in a professional capacity or within the scope of employment, who has

knowledge of or observes an animal that the person knows or reasonably suspects

has been the victim of cruelty, abuse, or neglect, shall report the known or reasonably

suspected animal cruelty, abuse, or neglect to the entity or entities that investigate

reports of animal cruelty, abuse, and neglect in that county.

(b) The report required under subsection (a) may be made within two (2) working days of

receiving the information concerning the animal, by facsimile transmission of a written

report presented in the form described in § 38-1-403, or by telephone, if all of the

information that is required to be provided pursuant to § 38-1-403 is furnished. In

cases where an immediate response may be necessary in order to protect the health

and safety of the animal or others, the report may be made by telephone as soon as

possible.

impose a duty to investigate known or reasonably suspected animal cruelty, abuse, or

neglect.

(d) Nothing in this part shall expand or limit confidentiality requirements under existing law

relative to child or adult protective services. The name of any employee of a child or

adult protective services agency who reports known or reasonably suspected animal

cruelty, abuse or neglect shall remain confidential.

§ 38-1-403 How to report/cross report cruelty, abuse or neglect -- No impact on

accepted hunting, fishing, livestock and veterinarian practices

(a) If not made by telephone, reports made pursuant to § 38-1-402 (a) may be made on a

preprinted form prepared by the entity or entities that investigate reports of animal

cruelty, abuse, and neglect in that county, that includes the definitions contained in §

38-1-401 and a space for the reporter to include each of the following:

(1) The reporter's name and title;

(2) The reporter's business address and telephone number;

(3) The name, if known, of the animal's owner or custodian;

(4) The location of the animal and the premises on which the known or reasonably

suspected animal cruelty, abuse, or neglect took place;

(5) A description of the location of the animal and the premises;

(6) The type and numbers of animals involved;

(7) A description of the animal and its condition; and

(8) The date, time, and a description of the observation or incident that led the reporter

to suspect animal cruelty, abuse, or neglect and any other information the reporter

believes may be relevant.

(b) Any employee making a report or telephone call pursuant to this part shall make all

reasonable efforts to include the information delineated in subsection (a). Nothing in

this section shall be construed to impose a duty to investigate known or reasonably

suspected animal cruelty, abuse, or neglect.

protective services agency are present and jointly have knowledge of known or

reasonably suspected animal cruelty, abuse, or neglect, and where there is agreement

among them, by mutual agreement, a report may be made by one (1) person. Any

reporter who has knowledge that the person designated to report has failed to do so

may thereafter make the report.

(d)

(1) Nothing in this part shall be construed as prohibiting legal hunting and fishing

activities.

(2) Nothing in this part shall be construed as prohibiting the owner of livestock as

defined in § 43-1-114(b), or someone acting with consent of the owner of livestock,

from engaging in usual and customary practices that are accepted by colleges of

agriculture or veterinary medicine with respect to livestock, nor shall this part be

construed as requiring the reporting of those practices.

(3) Nothing in this part shall be construed to apply to a veterinarian or veterinary

technician engaged in accepted veterinary practices.

§ 38-6-108 Use of dogs to detect marijuana

The Tennessee bureau of investigation is authorized to utilize dogs trained to detect

marijuana and other illicit substances in its work, as may be desirable and appropriate.

§ 39-11-106 Criminal offenses - definitions

(a) As used in this title, unless the context requires otherwise:

(1) “Antique firearm” means:

(A) Any firearm, including any firearm with a matchlock, flintlock, percussion cap, or

similar type of ignition system, manufactured in or before the year 1898;

(B) Any replica of any firearm described in subdivision (a)(1)(A) if such replica:

(i) Is not designed or redesigned for using rimfire or conventional centerfire

fixed ammunition; or

(ii) Uses rimfire or conventional centerfire fixed ammunition which is no longer

manufactured in the United States and which is not readily available in the

ordinary channels of commercial trade; or

which is designed to use black powder, or a black powder substitute, and which

cannot use fixed ammunition;

(2) “Benefit” means anything reasonably regarded as economic gain, enhancement or

advantage, including benefit to any other person in whose welfare the beneficiary

is interested;

(3) “Bodily injury” includes a cut, abrasion, bruise, burn or disfigurement, and physical

pain or temporary illness or impairment of the function of a bodily member, organ,

or mental faculty;

(4) “Coercion” means a threat, however communicated, to:

(A) Commit any offense;

(B) Wrongfully accuse any person of any offense;

(D) Harm the credit or business repute of any person; or

(E) Take or withhold action as a public servant or cause a public servant to take or

withhold action;

(5) “Criminal negligence” refers to a person who acts with criminal negligence with

respect to the circumstances surrounding that person's conduct or the result of that

conduct when the person ought to be aware of a substantial and unjustifiable risk

that the circumstances exist or the result will occur. The risk must be of such a

nature and degree that the failure to perceive it constitutes a gross deviation from

the standard of care that an ordinary person would exercise under all the

circumstances as viewed from the accused person's standpoint;

(6) “Deadly weapon” means:

(A) A firearm or anything manifestly designed, made or adapted for the purpose of

inflicting death or serious bodily injury; or

(B) Anything that in the manner of its use or intended use is capable of causing

death or serious bodily injury;

(7)

(A) “Deception” means that a person knowingly:

(i) Creates or reinforces a false impression by words or conduct, including false

impressions of fact, law, value or intention or other state of mind that the

person does not believe to be true;

(ii) Prevents another from acquiring information which would likely affect the

other's judgment in the transaction;

(iii) Fails to correct a false impression of law or fact the person knows to be

false and:

(a) The person created; or

(b) Knows is likely to influence another;

(iv) Fails to disclose a lien, security interest, adverse claim or other legal

impediment to the enjoyment of the property, whether the impediment is or

is not valid, or is or is not a matter of public record;

(v) Employs any other scheme to defraud; or

(vi)

(a) Promises performance that at the time the person knew the person did

not have the ability to perform or that the person does not intend to

perform or knows will not be performed, except mere failure to perform is

insufficient to establish that the person did not intend to perform or knew

the promise would not be performed;

(b) Promising performance includes issuing a check or similar sight order for

the payment of money or use of a credit or debit card when the person

knows the check, sight order, or credit or debit slip will not be honored for

any reason;

(B) “Deception” does not include falsity as to matters having no pecuniary

significance or puffing by statements unlikely to deceive ordinary persons in the

group addressed;

(8) “Defendant” means a person accused of an offense under this title and includes

any person who aids or abets the commission of such offense;

(9) “Deprive” means to:

(A) Withhold property from the owner permanently or for such a period of time as to

substantially diminish the value or enjoyment of the property to the owner;

(B) Withhold property or cause it to be withheld for the purpose of restoring it only

upon payment of a reward or other compensation; or

that make its restoration unlikely;

(10) “Destructive device”:

(A) Means:

(i) Any explosive, incendiary, or poison gas:

(a) Bomb;

(b) Grenade;

(d) Missile having an explosive or incendiary charge of more than one-quarter

ounce (0.25 oz.);

(e) Mine; or

(f) Device similar to any of the devices described in subdivisions

(a)(10)(A)(i)(a)-(e); and

(ii) Any combination of parts either designed or intended for use in converting

any device into any destructive device described in subdivision (a)(10)(A)(i)

and from which a destructive device may be readily assembled; and

(B) Does not include:

(i) Any device that is neither designed nor redesigned for use as a weapon;

(ii) Any device, although originally designed for use as a weapon, that is

redesigned for use as a signaling, pyrotechnic, line throwing, safety, or

similar device;

(iii) Surplus ordnance sold, loaned, or given by the secretary of the Army

pursuant to 10 U.S.C. § 7684(2), 10 U.S.C. § 7685, or 10 U.S.C. § 7686;

(iv) Any antique or rifle which the owner intends to use solely for sporting

purposes; or

(v) Any other device that is not likely to be used as a weapon;

(11) “Effective consent” means assent in fact, whether express or apparent, including

assent by one legally authorized to act for another. Consent is not effective when:

(A) Induced by deception or coercion;

(B) Given by a person the defendant knows is not authorized to act as an agent;

intoxication, is known by the defendant to be unable to make reasonable

decisions regarding the subject matter; or

(D) Given solely to detect the commission of an offense;

(12) “Emancipated minor” means any minor who is or has been married, or has by

court order or otherwise been freed from the care, custody and control of the

minor's parents;

(13) “Firearm”:

(A) Means:

(i) Any weapon that will or is designed to or may readily be converted to expel a

projectile by the action of an explosive;

(ii) The frame or receiver of any such weapon;

(iii) Any firearm muffler or firearm silencer; or

(iv) Any destructive device; and

(B) Does not include an antique firearm;

(14) “Force” means compulsion by the use of physical power or violence and shall be

broadly construed to accomplish the purposes of this title;

(15) “Fraud” means as used in normal parlance and includes, but is not limited to,

deceit, trickery, misrepresentation and subterfuge, and shall be broadly construed

to accomplish the purposes of this title;

(16) “Government” means the state or any political subdivision of the state, and

includes any branch or agency of the state, a county, municipality or other

political subdivision;

(17) “Governmental record” means anything:

(A) Belonging to, received or kept by the government for information; or

(B) Required by law to be kept by others for information of the government;

(18) “Grave sexual abuse” means:

(A) Aggravated rape, pursuant to § 39-13-502;

(B) Rape, pursuant to § 39-13-503;

(D) Aggravated rape of a child, pursuant to § 39-13-531;

(19) “Handgun” means any firearm with a barrel length of less than twelve inches (12")

that is designed, made or adapted to be fired with one (1) hand;

(20) “Harm” means anything reasonably regarded as loss, disadvantage or injury,

including harm to another person in whose welfare the person affected is

interested;

(21) “Intentional” means that a person acts intentionally with respect to the nature of

the conduct or to a result of the conduct when it is the person's conscious

objective or desire to engage in the conduct or cause the result;

(22) “Jail” includes workhouse and “workhouse” includes jail, whenever the context so

requires or will permit;

(23) “Knowing” means that a person acts knowingly with respect to the conduct or to

circumstances surrounding the conduct when the person is aware of the nature of

the conduct or that the circumstances exist. A person acts knowingly with respect

to a result of the person's conduct when the person is aware that the conduct is

reasonably certain to cause the result;

(24) “Law enforcement officer” means an officer, employee or agent of government

who has a duty imposed by law to:

(A) Maintain public order; or

(B) Make arrests for offenses, whether that duty extends to all offenses or is

limited to specific offenses; and

(25) “Legal privilege” means a particular or peculiar benefit or advantage created by

law;

(26) “Minor” means any person under eighteen (18) years of age;

(27)

(A) “Obtain” means to:

(i) Bring about a transfer or purported transfer of property or of a legally

recognized interest in the property, whether to the defendant or another; or

(ii) Secure the performance of service;

(B) “Obtain” includes, but is not limited to, the taking, carrying away or the sale,

conveyance or transfer of title to or interest in or possession of property, and

includes, but is not limited to, conduct known as larceny, larceny by trick,

larceny by conversion, embezzlement, extortion or obtaining property by false

pretenses;

(28) “Official proceeding” means any type of administrative, executive, legislative or

judicial proceeding that may be conducted before a public servant authorized by

law to take statements under oath;

(29) “Owner” means a person, other than the defendant, who has possession of or any

interest other than a mortgage, deed of trust or security interest in property, even

though that possession or interest is unlawful and without whose consent the

defendant has no authority to exert control over the property;

(30) “Person” includes the singular and the plural and means and includes any

individual, firm, partnership, copartnership, association, corporation, governmental

subdivision or agency, or other organization or other legal entity, or any agent or

servant thereof;

(31) “Property” means anything of value, including, but not limited to, money, real

estate, tangible or intangible personal property, including anything severed from

land, library material, contract rights, choses-in-action, interests in or claims to

wealth, credit, admission or transportation tickets, captured or domestic animals,

food and drink, electric or other power. Commodities of a public nature, such as

gas, electricity, steam, water, cable television and telephone service constitute

property, but the supplying of such a commodity to premises from an outside

source by means of wires, pipes, conduits or other equipment is deemed a

rendition of service rather than a sale or delivery of property;

(32) “Public place” means a place to which the public or a group of persons has

access and includes, but is not limited to, highways, transportation facilities,

schools, places of amusement, parks, places of business, playgrounds and

hallways, lobbies and other portions of apartment houses and hotels not

constituting rooms or apartments designed for actual residence. An act is deemed

to occur in a public place if it produces its offensive or proscribed consequences in

a public place;

(33) “Public servant” means:

(A) Any public officer or employee of the state or of any political subdivision of the

state or of any governmental instrumentality within the state including, but not

limited to, law enforcement officers;

(B) Any person exercising the functions of any such public officer or employee;

governmental function, but not including witnesses or jurors; or

(D) Any person elected, appointed or designated to become a public servant,

although not yet occupying that position;

(34) “Reckless” means that a person acts recklessly with respect to circumstances

surrounding the conduct or the result of the conduct when the person is aware of,

but consciously disregards a substantial and unjustifiable risk that the

circumstances exist or the result will occur. The risk must be of such a nature and

degree that its disregard constitutes a gross deviation from the standard of care

that an ordinary person would exercise under all the circumstances as viewed

from the accused person's standpoint;

(35)

(A) “Recorded device” means the tangible medium upon which sounds or images

are recorded or otherwise stored;

(B) “Recorded device” includes any original phonograph record, disc, tape, audio,

or videocassette, wire, film or other medium now known or later developed on

which sounds or images are or can be recorded or otherwise stored, or any

copy or reproduction which duplicates, in whole or in part, the original;

(36) “Security guard/officer” means an individual employed to perform any function of a

security guard/officer and security guard/officer patrol service as set forth in the

Private Protective Services Licensing and Regulatory Act, compiled in title 62,

chapter 35;

(37) “Serious bodily injury” means bodily injury that involves:

(A) A substantial risk of death;

(B) Protracted unconsciousness;

(D) Protracted or obvious disfigurement;

(E) Protracted loss or substantial impairment of a function of a bodily member,

organ or mental faculty; or

(F) A broken bone of a child who is eight (8) years of age or less;

(38) “Services” includes labor, skill, professional service, transportation, telephone,

mail, gas, electricity, steam, water, cable television, entertainment subscription

service or other public services, accommodations in hotels, restaurants or

elsewhere, admissions to exhibitions, use of vehicles or other movable property,

and any other activity or product considered in the ordinary course of business to

be a service, regardless of whether it is listed in this subdivision (a)(37) or a

specific statute exists covering the same or similar conduct; and

(39) “Value”:

(A) Subject to the additional criteria of subdivisions (a)(38)(B)-(D), “value” under

this title means:

(i) The fair market value of the property or service at the time and place of the

offense; or

(ii) If the fair market value of the property cannot be ascertained, the cost of

replacing the property within a reasonable time after the offense;

(B) The value of documents, other than those having a readily ascertainable fair

market value, means:

(i) The amount due and collectible at maturity, less any part that has been

satisfied, if the document constitutes evidence of a debt; or

(ii) The greatest amount of economic loss that the owner might reasonably

suffer by virtue of loss of the document, if the document is other than

evidence of a debt;

forth in subdivisions (a)(38)(A) and (B), the property or service is deemed to

have a value of less than fifty dollars ($50.00);

(D) If the defendant gave consideration for or had a legal interest in the property or

service that is the object of the offense, the amount of consideration or value of

the interest shall be deducted from the value of the property or service

ascertained under subdivision (a)(38)(A), (B) or (C) to determine value; and

(E) For a violation of § 39-14-408(b)(1), the value of the property includes the fair

market value of repairing, cleaning, and restoring the property.

(b) The definition of a term in subsection (a) applies to each grammatical variation of the

term.

§ 39-11-616 Use of device to protect property

(a) The justification afforded by §§ 39-11-614 and 39-11-615 extends to the use of a

device for the purpose of protecting property, only if:

(1) The device is not designed to cause or known to create a substantial risk of

causing death or serious bodily harm;

(2) The use of the particular device to protect the property from entry or trespass is

reasonable under the circumstances as the person believes them to be; and

(3) The device is one customarily used for such a purpose, or reasonable care is taken

to make known to probable intruders the fact that it is used.

(b) Nothing in this section shall affect the law regarding the use of animals to protect

property or persons

§ 39-13-804 Intentional release of dangerous chemical or hazardous material with

intent of causing harm

(a) The intentional release of a dangerous chemical or hazardous material utilized in a

lawful industrial or commercial process shall be considered use of a weapon of mass

destruction when a person knowingly utilizes those agents with intent and for the

purpose of causing harm to persons either directly or indirectly through harm to

animals or the environment. The release of dangerous chemicals or hazardous

materials for any purpose shall remain subject to regulation under federal and state

environmental laws.

(b) The lawful use of chemicals for legitimate mineral extraction, industrial, agricultural,

commercial, or private purposes, such as gasoline used to power engines or propane

used for heating or cooking, is not proscribed by this part.

care facility shall be subject to this part for actions taken in furtherance of objectives

undertaken for a lawful purpose; provided, that such actions are taken in connection

with scientific or public health research or are necessary for therapeutic or clinical

purposes, and, as required, are licensed or registered with the centers for disease

control and prevention pursuant to the Code of Federal Regulations (CFR) or other

applicable authorities.

§ 39-14-103 Theft of property

(a) A person commits theft of property if, with intent to deprive the owner of property, the

person knowingly obtains or exercises control over the property without the owner's

effective consent.

(b)

(1) As a condition of pretrial diversion, judicial diversion, probation or parole for a

violation of subsection (a) when the violation occurs as set out in subdivision (b)(2),

the person may be required to perform debris removal, clean-up, restoration, or

other necessary physical labor at a location within the area affected by the disaster

or emergency that is in the county where the offense occurred.

(2) The condition of pretrial diversion, judicial diversion, probation or parole containing

the requirement set out in subdivision (b)(1) may be used if the violation of

subsection (a) occurs:

(A) During or within thirty (30) days following the occurrence of a tornado, flood, fire,

or other disaster or emergency, as defined in § 58-2-101;

(B) Within the area affected by the disaster or emergency; and

or the person charged with custody of the property, is unable to adequately

guard, secure or protect the property from theft.

(3) Subdivision (b)(2) shall apply regardless of whether a state of emergency has been

declared by a county, the governor, or the president of the United States at the time

of or subsequent to the theft.

(4) Any period of physical labor required pursuant to subdivision (b)(1) shall not exceed

the maximum sentence authorized pursuant to § 39-14-105.

§ 39-14-105 Grading of theft [Effective until July 1, 2021; See Next Entry for Version

effective on July 1, 2021]

(a) Theft of property or services is:

(1) A Class A misdemeanor if the value of the property or services obtained is one

thousand dollars ($1,000) or less;

(2) A Class E felony if the value of the property or services obtained is more than one

thousand dollars ($1,000) but less than two thousand five hundred dollars ($2,500);

(3) A Class D felony if the value of the property or services obtained is two thousand

five hundred dollars ($2,500) or more but less than ten thousand dollars ($10,000);

(4) A Class C felony if the value of the property or services obtained is ten thousand

dollars ($10,000) or more but less than sixty thousand dollars ($60,000);

(5) A Class B felony if the value of the property or services obtained is sixty thousand

dollars ($60,000) or more but less than two hundred fifty thousand dollars

($250,000); and

(6) A Class A felony if the value of the property or services obtained is two hundred

fifty thousand dollars ($250,000) or more.

(b)

(1) In a prosecution for theft of property, theft of services, and any offense for which

the punishment is determined pursuant to this section, the state may charge

multiple criminal acts committed against one (1) or more victims as a single count if

the criminal acts arise from a common scheme, purpose, intent or enterprise.

(2) The monetary value of property from multiple criminal acts which are charged in a

single count of theft of property shall be aggregated to establish value under this

section.

the county where one (1) or more elements of the offense occurred, or in the county

where an act of solicitation, inducement, offer, acceptance, delivery, storage, or

financial transaction occurred involving the property, service or article of the victim.

(d) Notwithstanding subsection (a), theft of a firearm shall be punished by confinement for

not less than thirty (30) days in addition to any other penalty authorized by law.

§ 39-14-105 Grading of theft

(a) Theft of property or services is:

(1) A Class A misdemeanor if the value of the property or services obtained is one

thousand dollars ($1,000) or less, except when the property obtained is a firearm;

(2) A Class E felony if the property obtained is a firearm worth less than two thousand

five hundred dollars ($2,500), or if the value of the property or services obtained is

more than one thousand dollars ($1,000) but less than two thousand five hundred

dollars ($2,500);

(3) A Class D felony if the value of the property or services obtained is two thousand

five hundred dollars ($2,500) or more but less than ten thousand dollars ($10,000);

(4) A Class C felony if the value of the property or services obtained is ten thousand

dollars ($10,000) or more but less than sixty thousand dollars ($60,000);

(5) A Class B felony if the value of the property or services obtained is sixty thousand

dollars ($60,000) or more but less than two hundred fifty thousand dollars

($250,000); and

(6) A Class A felony if the value of the property or services obtained is two hundred

fifty thousand dollars ($250,000) or more.

(b)

(1) In a prosecution for theft of property, theft of services, and any offense for which

the punishment is determined pursuant to this section, the state may charge

multiple criminal acts committed against one (1) or more victims as a single count if

the criminal acts arise from a common scheme, purpose, intent or enterprise.

(2) The monetary value of property from multiple criminal acts which are charged in a

single count of theft of property shall be aggregated to establish value under this

section.

the county where one (1) or more elements of the offense occurred, or in the county

where an act of solicitation, inducement, offer, acceptance, delivery, storage, or

financial transaction occurred involving the property, service or article of the victim.

(d) Theft of a firearm shall be punished by confinement for not less than one hundred

eighty (180) days in addition to any other penalty authorized by law.

§ 39-14-201 Definitions for animal offenses

As used in this part, unless the context otherwise requires:

(1) "Animal" means a domesticated living creature or a wild creature previously captured;

(2) "Livestock" means all equine as well as animals which are being raised primarily for

use as food or fiber for human utilization or consumption including, but not limited to,

cattle, sheep, swine, goats, and poultry;

(3) "Non-livestock animal" means a pet normally maintained in or near the household or

households of its owner or owners, other domesticated animal, previously captured

wildlife, an exotic animal, or any other pet, including but not limited to, pet rabbits, a

pet chick, duck, or pot-bellied pig that is not classified as "livestock" pursuant to this

part; and

(4) "Torture" means every act, omission, or neglect whereby unreasonable physical pain,

suffering, or death is caused or permitted, but nothing in this part shall be construed as

prohibiting the shooting of birds or game for the purpose of human food or the use of

animate targets by incorporated gun clubs.

§ 39-14-202 Cruelty to animals

(a) A person commits an offense who intentionally or knowingly:

(1) Tortures, maims or grossly overworks an animal;

(2)

(A) Fails unreasonably to provide necessary food, water, or care for an animal in

the person's custody; or

(B)

(i) Fails unreasonably to provide necessary shelter for an animal other than a

dog in the person's custody; or

(ii)

(a) Fails unreasonably to provide shelter in a structure that meets the

following requirements for a dog in the person's custody:

(1) The structure is waterproof; constructed of steel, aluminum, or other

sound and substantial material; is sufficient to protect the dog from

inclement weather suitable for the age, breed, and physical condition

of the dog; and is ventilated, insulated, and of a size appropriate to

allow the dog to maintain normal body temperature;

(2) The structure has dimensions that allow the dog while in the shelter to

stand erect, sit, turn around, and lie down in a normal position;

(3) The structure provides a solid surface, resting platform, pad, floormat,

or similar device that is large enough for the dog to lie on in a normal

manner and can be maintained in a sanitary manner;

(4) The structure prevents pain, suffering, or a significant risk to the dog's

health; and

(5) During hot weather, the structure is properly shaded and during cold

weather, the structure provides a quantity of bedding material that is

sufficient to protect the dog from cold and promote the retention of

body heat.

(b) The requirements in subdivision (a)(2)(B)(ii)(a) do not apply to the space

under buildings, decks, steps, or open crates and carriers designed for

temporary housing unless modified to meet the requirements of

subdivision (a)(2)(B)(ii)(a), including allowing the dog to retain normal

body temperature;

(3) Abandons unreasonably an animal in the person's custody;

(4) Transports or confines an animal in a cruel manner; or

(5) Inflicts burns, cuts, lacerations, or other injuries or pain, by any method, including

blistering compounds, to the legs or hooves of horses in order to make them sore

for any purpose including, but not limited to, competition in horse shows and

similar events.

(b) A person commits an offense who knowingly ties, tethers, or restrains a dog in a

manner that results in the dog suffering bodily injury as defined in § 39-11-106.

accepted veterinary practices, medical treatment by the owner or with the owner's

consent, or bona fide experimentation for scientific research.

(d) Whenever any person is taken into custody by any officer for violation of subdivision

(a)(4), the officer may take charge of the vehicle or conveyance, and its contents,

used by the person to transport the animal. The officer shall deposit these items in a

safe place for custody. Any necessary expense incurred for taking charge of and

sustaining the same shall be a lien thereon, to be paid before the same can lawfully

be recovered; or the expenses, or any part thereof, remaining unpaid may be

recovered by the person incurring the same of the owners of the animal in an action

therefor.

(e) In addition to the penalty imposed in subsection (g), the court making the sentencing

determination for a person convicted under this section shall order the person

convicted to surrender custody and forfeit the animal or animals whose treatment

was the basis of the conviction. Custody shall be given to a humane society

incorporated under the laws of this state. The court may prohibit the person

convicted from having custody of other animals for any period of time the court

determines to be reasonable, or impose any other reasonable restrictions on the

person's custody of animals as necessary for the protection of the animals.

(f)

(1) Nothing in this section shall be construed as prohibiting the owner of a farm

animal or someone acting with the consent of the owner of that animal from

engaging in usual and customary practices which are accepted by colleges of

agriculture or veterinary medicine with respect to that animal.

(2) It is an offense for a person other than a law enforcement officer acting with

probable cause to knowingly interfere with the performance of any agricultural

practices permitted by subdivision (f)(1).

(3) An offense under subdivision (f)(2) is a Class B misdemeanor.

(g)

(1) Cruelty to animals is a Class A misdemeanor.

(2) A second or subsequent conviction for cruelty to animals is a Class E felony.

(3) Violation of any prohibition or restriction imposed by the sentencing court

pursuant to subsection (e) is a Class A misdemeanor.

§ 39-14-203 Fighting or Baiting Exhibitions

(a) It is unlawful for any person to:

(1) Own, possess, keep, use or train any bull, bear, dog, cock, swine or other animal,

for the purpose of fighting, baiting or injuring another such animal, for amusement,

sport or gain;

(2) Cause, for amusement, sport or gain, any animal referenced in subdivision (a)(1) to

fight, bait or injure another animal, or each other;

(3) Permit any acts stated in subdivisions (a)(1) and (2) to be done on any premises

under the person's charge or control, or aid or abet those acts;

(4) Be knowingly present, as a spectator, at any place or building where preparations

are being made for an exhibition for the fighting, baiting or injuring of any animal,

with the intent to be present at the exhibition, fighting, baiting or injuring;

(5) Knowingly cause a person under eighteen (18) years of age to attend an animal

fight; or

(6) Possess, own, buy, sell, transfer, or manufacture cock fighting paraphernalia with

the intent that the paraphernalia be used in promoting, facilitating, training for, or

furthering cock fighting.

(b) It is the legislative intent that this section shall not apply to the training or use of

hunting dogs for sport or to the training or use of dogs for law enforcement purposes.

(c)

(1) Except for any offense involving a cock, an offense under subdivisions (a)(1)-(3) is a

Class E felony. Notwithstanding § 40-35-111, in addition to any other penalty

imposed, the court shall prohibit the defendant from having custody of any

companion animal, as defined in § 39-14-212(b), for a period of at least two (2)

years from the date of conviction and may impose a lifetime prohibition. The court

shall prohibit any person convicted of a second or subsequent offense under this

subdivision (c)(1) from having custody of any companion animal for the person's

lifetime.

(2) An offense involving a cock under subdivisions (a)(1)-(3) is a Class A misdemeanor.

(d)

(1) A violation of subdivision (a)(4) or (a)(6) is a Class A misdemeanor.

(2) A violation of subdivision (a)(5) is a Class A misdemeanor. Notwithstanding § 40-

35-111(e)(1), the fine for a violation of subdivision (a)(5) shall be not less than one

thousand dollars ($1,000) nor more than two thousand five hundred dollars

($2,500).

(e) It is not an offense to own, possess or keep cocks, or aid or abet the ownership,

possession or keeping of cocks, for the sole purpose of selling or transporting cocks to

a location in which possession or keeping of cocks is legal, as long as it does not

violate any other part of this section or federal law.

(f)

(1) For purposes of this section, “cock fighting paraphernalia” means gaffs, slashers,

heels, or any other sharp implement designed to be attached in place of the natural

spur of a cock or game fowl.

(2) In determining whether a particular object is cock fighting paraphernalia, the court

or other authority making that determination may, in addition to all other logically

relevant factors, consider the following:

(A) Statements by the owner or anyone in control of the object concerning its use;

(B) Prior convictions, if any, of the owner or of anyone in control of the object for

violation of any state or federal law relating to cock fighting or any other

violation of this part;

(D) Instructions, oral or written, provided with the object concerning its use;

(E) Descriptive materials accompanying the object that explain or depict its use;

(F) The manner in which the object is displayed for sale;

(G) The existence and scope of legitimate uses for the object in the community;

and

(H) Expert testimony concerning its use.

§ 39-14-204 Dyed baby fowl and rabbits

(a)

(1) It is unlawful for any person to:

(A) Sell, offer for sale, barter or give away baby chickens, ducklings or goslings of

any age, or rabbits under two (2) months of age, as pets, toys, premiums or

novelties, if those fowl or rabbits have been colored, dyed, stained or otherwise

had their natural color changed; or

(B) Bring or transport such fowl or rabbits into the state for the purposes mentioned

in subdivision (a)(1)(A).

(2) This section shall not be construed to prohibit the sale or display of baby chickens,

ducklings, or other fowl or rabbits in proper facilities by breeders or stores engaged

in the business of selling for purposes of commercial breeding and raising or

laboratory testing.

(3) Each baby chicken, duckling, other fowl or rabbit sold, offered for sale, bartered or

given away in violation of this section constitutes a separate offense.

(b) A violation of this section is a Class C misdemeanor.

§ 39-14-205 Intentional killing of animal

(a)

(1)

(A) It is an offense to knowingly and unlawfully kill the animal of another without the

owner's effective consent.

(B) A violation of subdivision (a)(1)(A) is theft of property, graded according to the

value of the animal, and punished in accordance with § 39-14-105.

(2)

(A) In determining the value of a police dog, fire dog, search and rescue dog,

service animal or police horse under § 39-14-105, the court shall consider the

value of the police dog, fire dog, search and rescue dog, service animal or

police horse as both the cost of the animal and any specialized training the

animal received.

(B) Notwithstanding subdivision (a)(1)(B), a violation of subdivision (a)(1)(A) with

respect to a police dog, fire dog, search and rescue dog, or police horse shall be

a Class E felony, unless the offense would be a higher classification based on

the animal's value, in which case the violation shall be graded pursuant to

subdivision (a)(1)(B).

(b) A person is justified in killing the animal of another if the person acted under a

reasonable belief that the animal was creating an imminent danger of death or

serious bodily injury to that person or another or an imminent danger of death to an

animal owned by that person. A person is not justified in killing the animal of another

if at the time of the killing the person is trespassing upon the property of the owner of

the animal. The justification for killing the animal of another authorized by this

subsection (b) shall not apply to a person who, while engaging in or attempting to

escape from criminal conduct, kills a police dog that is acting in its official capacity. In

that case subsection (a) shall apply to the person.

§ 39-14-206 Taking fish caught by another

(a) It is unlawful for any person to take fish out of the box, net, basket or off the hook of

another person, or to raise any box, net, basket, or trot-line, without the consent of the

owner of the device, unless the fish is taken by an officer to be used as evidence in the

prosecution of a violation of the game and fish laws.

(b) Any violation of this section is a Class C misdemeanor.

§ 39-14-207 Feeding of impounded animals -- Care provided by humane society;

recovery of expenses

(a) In case any impounded animal is without necessary food and water for more than

twelve (12) successive hours, it is lawful for any person, as often as necessary, to

enter any place in which any animal is so confined, and to supply it with necessary

food and water so long as it remains so confined. That person shall not be liable to any

action for entry, and the reasonable cost of the food and water may be collected from

the owner or keeper of the animal. The animal shall not be exempt from levy and sale

upon execution issued upon a judgment therefor.

(b) In case any animal is injured, diseased, suffering from the elements, or malnourished,

and is found at large by any agent of any humane society chartered by the state, the

agent may cause adequate veterinary treatment or shelter or nourishment to be

furnished to the animal. The society shall have a right of action against the owner of

the animal for all necessary and reasonable expenses so incurred. Within forty-eight

(48) hours after taking custody of the animal, the society shall make reasonable efforts

to notify the owner of the animal's whereabouts and condition. Nothing in this

subsection (b) shall affect the right of action of the veterinarian or furnisher of goods or

services against the person or persons with whom the veterinarian or furnisher of

goods or services contracted for payment of charges. Any such right of action by a

humane society may be voided by an owner who elects to forfeit the animal to the

society rather than pay for the goods or services rendered.

§ 39-14-208 Theft of guide dogs

A person who intentionally or knowingly unlawfully injures the guide dog of another and,

thereby, permanently deprives the owner of the use of the guide dog's services commits

theft of that animal and shall be punished under § 39-14-105. In determining the value of

the guide dog for purposes of § 39-14-105, the court shall consider the value of the

guide dog as both the cost of the dog as well as the cost of any specialized training the

guide dog received.

§ 39-14-209 Horse shows

(a) It is the duty of any person designated and acting as a ringmaster of any horse show

or similar event to disqualify any horse determined by the ringmaster to be suffering

from the causes set out in § 39-14-202(a)(5) from further participation in the show, and

to make a report of the same, including the name of the horse, the owner of the horse,

and the exhibitor of the horse, to the manager or chair of the show, who in turn shall

report the same in writing to the district attorney general of the judicial district wherein

the incident occurred for appropriate action.

(b) A violation of this duty is a Class C misdemeanor.

§ 39-14-210 Societies for prevention of cruelty to animals -- Power of

governmental agencies working with victimized animals

(a) The agents of any society which is incorporated for the prevention of cruelty to

animals, upon being appointed thereto by the president of such a society in any

county, may, within that county, make arrests, and bring before any court thereof

offenders found violating the provisions of this part with regard to non-livestock

animals.

(b) Any officers, agents, or members of such society may lawfully interfere to prevent the

perpetration of any act of cruelty upon any animal in that person's presence. Any

person who interferes with or obstructs any officer, agent, or member in the discharge

of this duty commits a Class C misdemeanor.

animal found abandoned or otherwise:

(1) Which is not properly cared for, appearing, in the judgment of two (2) reputable

citizens, who are experts, called to view the same in the agent's or officer's

presence, to be glandered, injured or diseased past humane recovery; or

(2) After a holding period of not less than seventy-two (72) hours and after having made

a reasonable effort to locate and notify the owners, for the purpose of animal

population control. If the animal bears any notification information on an

identification tag or collar, or on a chip, if the agent or officer of the society has the

use of a chip reader, the reasonable effort to locate and notify the animal's owners

must be made within forty-eight (48) hours of the time that the society takes custody

of the animal or, if the animal is taken into custody on a Friday, within two (2)

business days of the date that the society takes custody of the animal.

(d) All fines, penalties and forfeitures imposed and collected in any county, under

provisions relating to or in any way affecting animals, shall inure to the society in aid of

the purpose for which it was incorporated, and no injunction shall be granted against

the society or attorney or its officers or agents, except upon motion, after due notice

and hearing.

(e) Any humane society chartered by the state, into whose custody shall lawfully come any

animal, shall have a lien on that animal for the reasonable value of the goods and

services necessarily rendered by, or at the instance of, the society to that animal.

(f) Upon seizure by law enforcement, custody of any animal victimized under this part

shall be placed with any governmental animal control agency, law enforcement agency,

or their designee. The governmental animal control agency, law enforcement agency,

or their designee shall assist the animal and preserve evidence for prosecution.

(g)

(1)

(A) Any governmental animal control agency, law enforcement agency, or their

designee into whose custody any animal victimized under this part is placed,

may petition the court requesting that the person from whom the animal is

seized, or the owner of the seized animal, be ordered to post security.

(B) The security shall be in an amount sufficient to secure payment of all reasonable

expenses expected to be incurred by the governmental animal control agency,

law enforcement agency, or their designee in caring and providing for the animal

pending disposition of the criminal charges.

costs of veterinary care and treatment for the animal as well as the estimated

costs of boarding and otherwise caring for the animal.

(D) The amount of security shall be determined by the court after taking into

consideration all of the facts and circumstances of the case. If the posting of

security is ordered pursuant to this subsection (g), then the governmental animal

control agency, law enforcement agency, or their designee may draw from the

security the actual costs incurred in caring and providing for the seized animal

pending disposition of criminal charges.

(2) If the person from whom the animal is seized is the owner of the animal and the

person has not posted the security ordered pursuant to subdivision (g)(1) within ten

(10) business days following the issuance of a security order, the animal shall be

deemed to have been abandoned and shall be forfeited to the governmental animal

control agency, law enforcement agency, or their designee for disposition in

accordance with reasonable practices for the humane treatment of animals.

However, if the person from whom the animal was seized is not the owner of the

animal and the person has not posted the court-ordered security within fifteen (15)

days, the court shall order the governmental animal control agency, law

enforcement agency, or their designee to make all reasonable efforts to determine

who the owner of the animal is and to notify the owner of the pending proceeding.

(3) No animal shall be deemed to have been abandoned and forfeited to the

governmental animal control agency, law enforcement agency, or their designee

until reasonable attempts to determine and notify the owner have been made. If the

owner of the animal cannot be located after reasonable efforts or the owner is

located and notified but does not post, within ten (10) business days, the court-

ordered security plus the costs reasonably incurred by the governmental animal

control agency, law enforcement agency, or their designee for housing and caring

for the animal since its seizure, the animal shall be deemed to have been

abandoned and shall be forfeited to the governmental animal control agency, law

enforcement agency, or their designee for disposition in accordance with

reasonable practices for the humane treatment of animals.

(4) Nothing in this subsection (g) shall be construed to prevent the voluntary,

permanent relinquishment of any animal by its owner to a governmental animal

control agency, law enforcement agency, or their designee in lieu of posting

security. The voluntary relinquishment has no effect on the outcome of the criminal

charges.

§ 39-14-211 Examination of livestock by commissioner of agriculture or other

persons.

(a) No entry onto the property of another, arrest, interference with usual and customary

agricultural or veterinary practices, confiscation, or any other action authorized by this

part or any other law shall be taken in response to an allegation that this part has been

violated with regard to livestock unless, prior to or at the time of such action:

(1) The livestock in question has been examined by:

(A) The commissioner of agriculture or the commissioner's duly authorized agent

trained to conduct livestock cruelty examinations;

(B) A graduate of an accredited college of veterinary medicine specializing in

livestock practice; or

and

(2) Upon examination of the livestock, the commissioner, commissioner's agent, or

graduate has probable cause to believe that a violation of this part has occurred

with regard to the livestock.

(b) If a person authorized by this section to make a probable cause examination of

livestock does not examine the livestock within twenty-four (24) hours of receiving the

allegation, a licensed veterinarian may make the inspection, and the veterinarian's

findings shall be afforded the same presumption and effect as an examination

conducted by a person authorized pursuant to subsection (a).

§ 39-14-212 Aggravated cruelty to animals – definitions; construction; penalty

(a) A person commits aggravated cruelty to animals when, with no justifiable purpose, the

person intentionally or knowingly:

(1) Kills, maims, tortures, crushes, burns, drowns, suffocates, mutilates, starves, or

otherwise causes serious physical injury, a substantial risk of death, or death to a

companion animal; or

(2) Fails to provide food or water to the companion animal resulting in a substantial risk

of death or death.

(b) For purposes of this section:

(1) [Deleted by 2021 amendment.]

(2) “Companion animal” means any non-livestock animal as defined in § 39-14-201;

(3) “Elderly” means any person sixty-five (65) years of age or older; and

(4) “Minor” means any person under eighteen (18) years of age.

endeavors:

(1) Dispatching an animal in any manner absent of aggravated cruelty;

(2) Engaging in lawful hunting, trapping, or fishing activities, including activities

commonly associated with the hunting of small game as defined in § 70-1-101(a);

(3) Dispatching rabid or diseased animals;

(4) Dispatching animals posing a clear and immediate threat to human safety;

(5) Performing or conducting bona fide scientific tests, experiments or investigations

within or for a bona fide research laboratory, facility or institution;

(6) Performing accepted veterinary medical practices or treatments;

(7) Dispatching animals in accordance with § 44-17-403(e);

(8) Engaging, with the consent of the owner of a farm animal, in usual and customary

practices which are accepted by colleges of agriculture or veterinary medicine with

respect to that animal;

(9) Dispatching wild or abandoned animals on a farm or residential real property; or

(10) Applying methods and equipment used to train animals.

(d) Aggravated cruelty to animals is a Class E felony.

(e) In addition to the penalty imposed by subsection (d), the sentencing court shall order

the defendant to surrender custody and forfeit all companion animals as defined in

subdivision (b)(2), and may award custody of the animals to the agency presenting the

case. Notwithstanding § 40-35-111, the court shall prohibit the defendant from having

custody of companion animals for at least two (2) years from the date of conviction

and may impose a lifetime prohibition. The court may also impose any other

reasonable restrictions on the person's custody of other animals as is necessary for

the protection of the animals. The court shall prohibit any person convicted of a

second or subsequent offense under this section from having custody of any

companion animal for the person's lifetime.

(f) In addition to the penalty imposed by subsection (d), the court may require the

defendant to undergo psychological evaluation and counseling, the cost to be borne by

the defendant. If the defendant is indigent, the court may, where practicable, direct the

defendant to locate and enroll in a counseling or treatment program with an

appropriate agency.

(g) If a defendant convicted of a violation of this section resides in a household with minor

children or elderly individuals, the court may, within fifteen (15) days, send notification

of the conviction to the appropriate protective agencies.

(h) In addition to the penalty imposed by subsection (d), the defendant may be held liable

to the impounding officer or agency for all costs of impoundment from the time of

seizure to the time of proper disposition of the case.

(i)

(1) In addition to the penalty imposed by subsection (d), the defendant may be held

liable to the owner of the animal for damages.

(2) If an unlawful act resulted in the death or permanent disability of a person's guide

dog, then the value of the guide dog shall include, but shall not necessarily be

limited to, both the cost of the guide dog as well as the cost of any specialized

training the guide dog received.

(j)

(1) If a juvenile is found to be within the court's jurisdiction, for conduct that, if

committed by an adult, would be a criminal violation involving cruelty to animals or

would be a criminal violation involving arson, then the court may order that the

juvenile be evaluated to determine the need for psychiatric or psychological

treatment. If the court determines that psychiatric or psychological treatment is

appropriate for that juvenile, then the court may order that treatment.

(2)

(A) Notwithstanding subdivision (j)(1), if a child is adjudicated delinquent

for conduct involving the intentional torturing, mutilating, maiming, burning,

starving to death, crushing, disfiguring, drowning, suffocating, or impaling of a

domesticated dog or cat, then the court shall order that the child adjudicated

delinquent receive a psychiatric or psychological evaluation and any

recommended counseling and treatment.

(B) The court shall order that the cost of any evaluation, counseling, and treatment

required under subdivision (j)(2)(A) be paid in accordance with § 37-1-150.

comply with a court order issued under this subdivision (j)(2), then the court is

authorized to punish the parent or guardian pursuant to § 37-1-158.

(k) This section does not preclude the court from entering any other order of disposition

allowed under this chapter.

(l) This section is not to be construed to change, modify, or amend any provision of title

70, involving fish and wildlife.

(m)This section does not apply to activities or conduct that are prohibited by § 39-14-203.

(n) This section does not apply to equine animals or to animals defined as livestock by

§ 39-14-201.

§ 39-14-213 Removal of transmitting collars or microchip implants from dogs

(a) A person who removes from a dog an electronic or radio transmitting collar or

microchip implant without the permission of the owner of the dog and with the intent to

prevent or hinder the owner from locating the dog commits a Class B misdemeanor,

punishable by fine only; provided, however, that, if the dog wearing an electronic or

radio transmitting collar or microchip implant is lost or killed as the proximate result of

the removal of the collar or implant, the person commits a Class A misdemeanor,

punishable by fine only.

(b) Upon conviction for a violation of this section, the court shall order that the violator pay

as restitution to the owner the actual value of a dog lost or killed as a result of the

removal of an electronic or radio transmitting collar or microchip implant from the dog

by the violator. The court may also order the violator to pay as restitution to the owner

any breeding revenues forfeited due to the loss or death of a dog.

§ 39-14-214 Criminal offenses against animals

(a) A person commits an offense who knowingly:

(1) Engages in any sexual activity with an animal;

(2) Causes, aids, or abets another person to engage in any sexual activity with an

animal;

(3) Permits any sexual activity with an animal to be conducted on any premises under

the person's charge or control;

(4) Engages in, organizes, promotes, conducts, advertises, aids, abets, participates in

as an observer, or performs any service in the furtherance of an act involving any

sexual activity with an animal for a commercial or recreational purpose; or

(5) Photographs or films, for purposes of sexual gratification, a person engaged in a

sexual activity with an animal.

(b) A violation of this section is a Class E felony.

(1) The court may order that the convicted person do any of the following:

(A) Not harbor or own animals or reside in any household where animals are

present;

(B) Participate in appropriate counseling at the defendant's expense; or

incurred for the care and maintenance of any animals taken to the animal

shelter or humane society as a result of conduct proscribed in subsection (a);

and

(2) Notwithstanding § 40-35-111, the court shall prohibit the convicted person from

having custody of any companion animal, as defined in § 39-14-212(b), for a

period of at least two (2) years from the date of conviction and may impose a

lifetime prohibition. The court shall prohibit any person convicted of a second or

subsequent offense under this section from having custody of any companion

animal for the person's lifetime.

(d) Nothing in this section may be considered to prohibit accepted animal husbandry

practices or accepted veterinary medical practices.

(e) If the court has reasonable grounds to believe that a violation of this section has

occurred, the court may order the seizure of all animals involved in the alleged

violation as a condition of bond of a person charged with a violation.

(f) For purposes of this section:

(1) “Animal” has the same meaning as the term is defined in § 63-12-103;

(2) “Photographs” or “films” means the making of a photograph, motion picture film,

videotape, digital image, or any other recording, sale, or transmission of the

image; and

(3) “Sexual activity” means physical sexual contact between the person and the

animal.

§ 39-14-215 Emergency care for non-livestock animal; steps to locate owner; civil

liability

(a) For purposes of this section:

(1) "Animal control agency" means a county or municipal animal shelter, dog pound, or

animal control agency, private humane society, state, county or municipal law

enforcement agency, or any combination thereof, that temporarily houses stray,

unwanted or injured animals;

(2) "Emergency" means a natural disaster, including earthquake, fire, flood, or storm; a

hazardous chemical or substance incident; a vehicular collision with an animal, or

other transportation accident where an animal is injured or in need of assistance to

protect its health or life;

(3) "Emergency care" means medical and other health treatment, services, or

accommodations that are provided to an injured or ill animal for a medical condition

or injury of such a nature that the failure to render immediate care would

reasonably likely result in the deterioration of a sick or injured animal's condition or

in the animal's death;

(4) "Livestock" means all equine as well as animals which are being raised primarily for

use as food or fiber for human utilization or consumption including, but not limited

to, cattle, sheep, swine, goats, and poultry;

(5) "Non-livestock animal" means a pet normally maintained in or near the household

or households of its owner or owners, other domesticated animal, previously

captured wildlife, an exotic animal, or any other pet, including, but not limited to, pet

rabbits, a pet chick, duck, or pot-bellied pig that is not classified as "livestock"

pursuant to this part;

(6) "Running at large" means that a non-livestock animal goes uncontrolled by the

animal's owner upon the premises of another without the consent of the owner of

the premises, or other person authorized to give consent, or goes uncontrolled by

the owner upon a highway, public road, street, or any other place open to the

public generally; and

(7) "Stray animal" means that a non-livestock animal is roaming with no physical

restraint without an identification tag, collar, or chip and that has no record of

ownership.

(b)

(1) Any person who in good faith and without compensation for services provides,

renders, or obtains emergency care for a non-livestock animal that is running at

large, abandoned, injured or in distress due to an emergency, or for a stray non-

livestock animal, shall not be subject to civil liability for any injuries or harm to such

animal resulting from the rendering or obtaining of emergency care, or any act or

failure to act to provide or arrange for further emergency care for such animal, if

such person's actions do not constitute malice, gross negligence, or criminal

misconduct.

(2)

(A) If a person fails to take reasonable steps to locate the owner of such animal

prior to rendering or obtaining emergency care, then subdivision (b)(1) shall not

apply.

(B) Taking reasonable steps to locate the owner of such animal includes:

(i) Attempting to contact the owner using any notification information located on

the animal's identification tag, collar, or chip within forty-eight (48) hours of

the time that the person takes custody of the animal or, if the animal is taken

into custody on a Friday, within two (2) business days of the date that the

person takes custody of the animal; and

(ii)

a. Providing notice to an appropriate animal shelter, dog pound, animal

control agency or humane shelter operated by the municipality, county, or

other governmental agency located where the person resides that the

animal is in the custody of the person. The person shall also notify an

appropriate shelter in the location where the person took custody of the

animal, if the location is outside of the municipality or county where the

person resides.

b. The person shall give to the shelter or shelters such person's contact

information.

veterinarian to:

(i) Need immediate emergency care to alleviate pain or save the life of the

animal; or

(ii) Exhibit visible signs of recent abuse as described in § 39-14-202.

employed by and working under the direct supervision of a licensed veterinarian, who,

in good faith, at the request of someone other than the owner renders:

(1) Emergency care to an ill or injured non-livestock animal is not liable to the owner of

the animal for any civil damages arising from the treatment provided to the animal

except in cases of malice, gross negligence, or criminal misconduct; or

(2) Treatment other than emergency care to a non-livestock animal is not liable to the

owner of the animal for any civil damages arising from the treatment provided to the

animal except in cases of malice, gross negligence, or criminal misconduct, only if

the person requesting the treatment certifies in writing to the veterinarian, or

ancillary veterinary personnel, that such person has taken reasonable steps to

locate the owner as provided in subdivision (b)(2).

(d) An animal control agency or an employee of an animal control agency acting within the

scope of such employment, who, in good faith, takes into its custody and cares for a

stray or abandoned non-livestock animal, or a non-livestock animal running at large for

which reasonable steps to locate the owner of such animal are taken, that has been

delivered to such agency or employee by an individual or group of individuals not

affiliated with the agency, shall not be subject to civil liability for its care of such animal

if the agency or employee's actions do not constitute malice, gross negligence or

criminal misconduct.

(e) Except as provided in subsection (c), this section shall not in any way limit the

application of, or supersede, § 44-17-203, § 44-17-403(e) or § 63-12-142.

§ 39-14-216 Service animals

(a)

(1) As used in this section, "service animal" means:

(A) Any animal that is individually trained, or being trained by an employee or

puppy raiser from a recognized training agency or school to do work or perform

tasks for the benefit of an individual with a disability, including a physical,

sensory, psychiatric, intellectual, or other mental disability; and

(B) Any police dog, fire dog, search and rescue dog, or police horse.

(2) Other species of animals not specified in this subsection (a), whether wild or

domestic, trained or untrained, are not service animals for the purposes of this

definition.

(3) For purposes of a service animal as defined under subdivision (a)(1)(A), the work or

tasks performed by the service animal must be directly related to the handler's

disability. (b) Examples of work or tasks include, but are not limited to, assisting

individuals who are blind or have low vision with navigation and other tasks,

alerting individuals who are deaf or hard of hearing to the presence of people or

sounds, providing nonviolent protection or rescue work, pulling a wheelchair,

assisting an individual during a seizure, alerting individuals to the presence of

allergens, retrieving items such as medicine or the telephone, providing physical

support and assistance with balance and stability to individuals with mobility

disabilities, and helping persons with psychiatric and neurological disabilities by

preventing or interrupting impulsive or destructive behaviors. The crime deterrent

effects of the animal's presence and the provision of emotional support, well- being,

comfort, or companionship do not constitute work or tasks for the purposes of

subdivision (a)(1)(A).

(b) It is an offense to knowingly:

(1) Maim or otherwise inflict harm upon a service animal;

(2) Attempt to maim or otherwise inflict harm upon a service animal; or

(3) Permit an animal that the person owns or is in the immediate control of to maim or

otherwise inflict harm upon a service animal.

permit an animal that the person owns or is in the immediate control of to maim or

otherwise inflict harm upon a service animal.

(d) It is an offense to knowingly interfere with a service animal in the performance of its

duties, or permit an animal that the person owns or is in control of to interfere with a

service animal in the performance of its duties.

(e)

(1) A violation of subsection (b) or (c) is a Class A misdemeanor.

(2) A violation of subsection (d) is a Class C misdemeanor.

(f)

(1) In addition to any other penalty provided by this section, a person convicted of a

violation of subsection (b), (c) or (d) shall be ordered by the court to make full

restitution for all damages that arise out of or are related to the offense, including

incidental and consequential damages incurred by the service animal's handler or

the recognized training agency or school.

(2) "Restitution," for purposes of this section, includes:

(A)The value of the service animal if the animal is disabled or can no longer

perform service animal duties;

(B) Replacement and training or retraining expenses of the service animal or

handler if necessary to restore the animal to service animal capabilities;

(D) Medical expenses for the handler; and

(E) Lost wages or income incurred by the handler during any period that the

handler is without the services of the service animal.

(g) If the violation of this section involves a guide dog and the offense results in injury to

the dog that permanently deprives the owner of the use of the guide dog's services,

nothing in this section shall preclude prosecution and conviction for such conduct

under § 39-14-208.

§ 39-14-217 Aggravated cruelty to livestock animals

(a) As used in this section only, "livestock" means all equine as well as animals which are

being raised primarily for use as food or fiber for human utilization or consumption,

including, but not limited to, cattle, sheep, swine, and goats.

(b) Except as provided in subsections (d) and (e), a person commits aggravated cruelty to

a livestock animal who, in a depraved and sadistic manner, intentionally engages in

any of the conduct described in subdivisions (c)(1)-(12), the conduct results in serious

bodily injury to the animal or the death of the animal, and is without justifiable or lawful

purpose.

accomplished in the manner described in subsection (b):

(1) Setting an animal on fire;

(2) Burning an animal with any hot object;

(3) Cutting or stabbing an animal with any object;

(4) Causing blunt force trauma to an animal;

(5) Securing an animal to a vehicle and dragging it;

(6) Blinding an animal;

(7) Applying acid or other caustic substance or chemical to any exposed area of an

animal or forcing the animal to ingest the substance;

(8) Hanging a living animal;

(9) Skinning an animal while it is still alive;

(10) Administering electric shock to an animal;

(11) Drowning an animal; or

(12) Shooting an animal with a weapon.

(d) Subsections (b) and (c) shall not be construed to apply to, prohibit or interfere with the

following:

(1) Any provision of title 70, involving fish and wildlife, or any hunting, trapping, or

fishing activities lawful under such title;

(2) Activities or conduct that are prohibited by § 39-14-203; or

(3) Dispatching an animal in any manner not prohibited by this section.

(e) The following shall not be construed as aggravated cruelty to a livestock animal as

defined in this section:

(1) Dispatching rabid, diseased, sick or injured livestock animals;

(2) Dispatching livestock animals posing a clear and immediate threat to human

safety;

(3) Performing or conducting bona fide scientific tests, experiments or investigations

within or for a bona fide research laboratory, facility or institution;

(4) Performing accepted veterinary medical practices or treatments;

(5) Engaging, with the consent of the owner of a livestock animal, in usual and

customary practices which are accepted by colleges of agriculture or veterinary

medicine with respect to that animal;

(6) Dispatching wild or abandoned livestock animals on a farm or residential real

property; or

(7) Applying methods and equipment used to train livestock animals.

(f) In addition to the penalty imposed by subsection (j), the defendant may be held liable

to:

(1) The owner of the livestock animal for damages; and

(2) The impounding officer or agency for all costs of impoundment from the time of

seizure to the time of proper disposition of the case.

(g) In addition to the penalty imposed by subsection (j), the sentencing court may order

the defendant to surrender custody and forfeit all livestock animals, and may award

custody of the animals to the agency presenting the case. The court may prohibit the

defendant from having custody of other livestock animals for any period of time the

court determines to be reasonable, or impose any other reasonable restrictions on the

person's custody of livestock animals as is necessary for the protection of the animals.

(h) In addition to the penalty imposed by subsection (j), the court may require the

defendant to undergo psychological evaluation and counseling, the cost to be borne by

the defendant. If the defendant is indigent, the court may, where practicable, direct the

defendant to locate and enroll in a counseling or treatment program with an

appropriate agency.

(i) This section does not preclude the court from entering any other order of disposition

allowed under this chapter.

(j) Aggravated cruelty to a livestock animal is a Class E felony.

§ 39-14-218 "Cremation" for animals defined -- Receipt

(a) As used in this section, "cremation" means the heating process by which the remains

of a deceased animal are reduced to bone fragments through combustion and

evaporation; provided, however, that "cremation" does not include any reduction of

animal remains to bone fragments that is incidental to the preparation of food or any

manufacturing process.

(b) No person who, for remuneration, engages in the cremation of animal remains in this

state, shall fail to ensure that a written receipt is provided to each person who delivers

animal remains to such person for cremation. The receipt shall be signed by both the

person who receives the animal remains and the person who delivered the animal

remains for cremation and shall indicate:

(1) The name of the deceased animal, if any;

(2) The date and time of delivery;

(3) The name of the person who delivered the animal remains for cremation; and

(4) The name of the person who received the animal remains for cremation from the

person identified in subdivision (b)(3).

remuneration, engages in the cremation of animal remains in this state shall ensure

that a written receipt signed by both the person who released the cremated animal

remains and the person who received the cremated animal remains is provided to the

person who received the cremated animal remains. The receipt shall indicate:

(1) The name of the deceased animal, if any;

(2) The date and time of the release;

(3) The name of the person to whom the cremated animal remains were released; and

(4) The name of the person who released the cremated animal remains to the person

identified in subdivision (c)(3).

(d) The requirements of this section shall not apply to veterinarians licensed to practice in

this state in accordance with the Tennessee Veterinary Practice Act, compiled in title

63, chapter 12.

(e) Failure to provide a receipt as required by subsection (b) or (c) is a Class E felony. In

addition to any authorized period of incarceration, failure to provide a receipt as

required by subsection (b) or (c) is punishable by a fine in the amount of no less than

five hundred dollars ($500).

§ 39-14-802 Tennessee Farm Animal and Research Facilities Protection Act -

definitions

As used in this part, unless the context otherwise requires:

(1) "Actor" means a person accused of any of the offenses defined in this part;

(2) "Animal" means any warm-blooded or cold-blooded animal or insect which is being

used in food or fiber production, agriculture, research, testing, or education, including,

but not limited to, hogs, equines, mules, cattle, sheep, goats, dogs, rabbits, poultry,

fish, and bees. "Animal" does not include any animal held primarily as a pet;

(3) "Animal facility" means any vehicle, building, structure, pasture, paddock, pond,

impoundment, or premises where an animal is kept, handled, housed, exhibited, bred,

or offered for sale and any office, building, or structure where records or documents

relating to an animal or to animal research, testing, production, or education are

maintained;

(4) "Commissioner" means the commissioner of agriculture;

(5) "Consent" means assent in fact, whether express or implied, by the owner or by a

person legally authorized to act for the owner which is not:

(A) Induced by force, threat, false pretenses, or fraud;

(B) Given by a person the actor knows, or should have known, is not legally authorized

to act for the owner;

is known, or should have been known, by the actor to be unable to make

reasonable decisions; or

(D) Given solely to detect the commission of an offense;

(6) "Deprive" means unlawfully to withhold from the owner, interfere with the possession

of, free, or dispose of an animal or other property;

(7) “Disrupt” means to engage in conduct that materially interferes with the operations of

the animal facility in a manner such that the activities conducted by or in the facility are

permanently or temporarily halted, compromised, delayed, harmed or impaired;

(8) "Owner" means a person who has title to the property, lawful possession of the

property, or a greater right to possession of the property than the actor;

(9) "Person" means any individual, corporation, association, nonprofit corporation, joint

stock company, firm, trust, partnership, two (2) or more persons having a joint or

common interest, or other legal entity;

(10) "Possession" means actual care, custody, control, or management;

(11) "Property" means any real or personal property and includes any document, record,

research data, paper, or computer storage medium; and

(12) "State" means the state of Tennessee.

§ 39-14-803 Tennessee Farm Animal and Research Facilities Protection Act -

offenses

(a) A person commits an offense if, without the consent of the owner, the person acquires

or otherwise exercises control over an animal facility, an animal from an animal facility,

or other property from an animal facility with the intent to deprive the owner of the

facility, animal, or property and to disrupt the enterprise conducted at the animal

facility.

(b) A person commits an offense if, without the consent of the owner, the person damages

or destroys an animal facility or damages, frees, or destroys any animal or property in

or on an animal facility with the intent to disrupt or damage the enterprise conducted at

the animal facility and the damage or loss thereto exceeds five hundred dollars ($500).

(c)

(1) A person commits an offense if, without the consent of the owner, the person

damages or destroys an animal facility or damages, frees, or destroys any animal

or property in or on an animal facility and the damage or loss thereto is five

hundred dollars ($500) or less, or enters or remains on an animal facility with the

intent to disrupt or damage the enterprise conducted at the animal facility, and the

person:

(A) Had notice that the entry was forbidden;

(B) Knew or should have known that the animal facility was or had closed to the

public; or

(2) For purposes of this subsection (c), "notice" means:

(A) Oral or written communication by the owner or someone with actual or apparent

authority to act for the owner;

(B) The presence of fencing or other type of enclosure or barrier designed to

exclude intruders or to contain animals; or

reasonably likely to come to the attention of intruders, indicating that entry is

forbidden.

(d) This part does not apply to, affect, or otherwise prohibit actions taken by the

department of agriculture, any other federal, state, or local department or agency, or

any official, employee or agent thereof while in the exercise or performance of any

power or duty imposed by law or by rule and regulation.

§ 39-14-804 Tennessee Farm Animal and Research Facilities Protection Act -

penalties

(a) A person found to be in violation of any of the offenses defined in § 39-14-803(a) and

(b) commits a Class C felony.

(b) Any person violating § 39-14-803(c) commits a Class B misdemeanor.

§ 39-14-805 Powers and duties of commissioner

For purposes of enforcing this part, the commissioner:

(1) May investigate any offense under this part;

(2) May seek the assistance of any law enforcement agency of the United States, the

state, or any local government in the conduct of the investigations; and

(3) Shall coordinate the investigation to the maximum extent practicable, with the

investigations of any law enforcement agency of the United States, the state, or

any local government.

§ 39-14-806 Recovery of damages, fees, costs -- Remedies -- Injunctions

(a) Any person who has been damaged by reason of a violation of this part may recover

all actual and consequential damages, punitive damages, and court costs, including

reasonable attorneys' fees, from the person causing the damage.

(b) In addition to the remedies provided in this part or elsewhere in the laws of this state,

and notwithstanding the existence of an adequate remedy at law, any person who has

been damaged by reason of a violation of this part is authorized to apply to the

chancery courts for an injunction or restraining order. The courts shall have

jurisdiction, and for good cause shown, shall grant a temporary or permanent

injunction or a temporary restraining order restraining or enjoining any person from

violating or continuing to violate this part. The injunction or restraining order shall be

issued without bond and may be granted, notwithstanding the fact that the violation

constitutes a criminal act and notwithstanding the pendency of any criminal

prosecution for the same violation.

out of or relating to a violation of this part.

§ 39-16-304 Misrepresentation of service animal or support animal

(a) As used in this section, “service animal” and “support animal” have the same

meanings as the terms are defined in § 66-7-111(a).

(b) A person commits the offense of misrepresentation of a service animal or support

animal who knowingly:

(1) Fraudulently represents, as a part of a request to maintain a service animal or

support animal in residential rental property under § 66-7-111 or §66-28-406, that

the person has a disability or disability-related need for the use of a service animal

or support animal; or

(2) Provides documentation to a landlord under § 66-7-111(c) or § 66-28-406(c) that

falsely states an animal is a service animal or support animal.

(3) Fraudulently represents or provides documentation that falsely states that an

animal is a service animal or service animal in training to an employee of a public

accommodation;

addition to the penalty provided under this subsection (c), a person who commits the

offense of misrepresentation of a service animal shall perform one hundred (100) hours of

community service for an organization that serves individuals with disabilities, or for

another entity or organization, at the discretion of the court, to be completed within six (6)

months of an order issued by the court.

§ 39-17-101 Handling snakes so as to endanger life prohibited

(a) It is an offense for a person to display, exhibit, handle, or use a poisonous or

dangerous snake or reptile in a manner that endangers the life or health of any person.

(b) An offense under this section is a Class C misdemeanor.

§ 39-17-1302 Prohibited weapons

(a) A person commits an offense who intentionally or knowingly possesses, manufactures,

transports, repairs or sells:

(1) An explosive or an explosive weapon;

(2) A device principally designed, made or adapted for delivering or shooting an

explosive weapon;

(3) A machine gun;

(4) A short-barrel rifle or shotgun;

(5) Hoax device;

(6) Knuckles; or

(7) Any other implement for infliction of serious bodily injury or death that has no

common lawful purpose.

(b) It is a defense to prosecution under this section that the person's conduct:

(1) Was incident to the performance of official duty and pursuant to military regulations

in the army, navy, air force, coast guard or marine service of the United States or

the Tennessee national guard, or was incident to the performance of official duty in

a governmental law enforcement agency or a penal institution;

(2) Was incident to engaging in a lawful commercial or business transaction with an

organization identified in subdivision (b)(1);

(3) Was incident to using an explosive or an explosive weapon in a manner reasonably

related to a lawful industrial or commercial enterprise;

(4) Was incident to using the weapon in a manner reasonably related to a lawful

dramatic performance or scientific research;

(5) Was incident to displaying the weapon in a public museum or exhibition; or

(6) Was licensed by the state of Tennessee as a manufacturer, importer or dealer in

weapons; provided, that the manufacture, import, purchase, possession, sale or

disposition of weapons is authorized and incident to carrying on the business for

which licensed and is for scientific or research purposes or sale or disposition to an

organization designated in subdivision (b)(1).

prove by a preponderance of the evidence that:

(1) The person's conduct was relative to dealing with the weapon solely as a curio,

ornament or keepsake, and if the weapon is a type described in subdivisions

(a)(1)-(4), that it was in a nonfunctioning condition and could not readily be made

operable; or

(2) The possession was brief and occurred as a consequence of having found the

weapon or taken it from an aggressor.

(d) It is an exception to the application of subsection (a) that the person acquiring or

possessing a weapon described in subdivisions (a)(3) or (a)(4) is in full compliance

with the requirements of the National Firearms Act (26 U.S.C. §§ 5841-5862).

(e) Subsection (a) shall not apply to the possession, manufacture, transportation, repair,

or sale of an explosive if:

(1) The person in question is eighteen (18) years of age or older; and

(2) The possession, manufacture, transport, repair, or sale was incident to creating or

using an exploding target for lawful sporting activity, as solely intended by the

commercial manufacturer.

(f)

(1) An offense under subdivision (a)(1) is a Class B felony.

(2) An offense under subdivisions (a)(2)-(4) is a Class E felony.

(3) An offense under subdivision (a)(5) is a Class C felony.

(4) An offense under subdivisions (a)(6)-(7) is a Class A misdemeanor.

§ 39-17-1308 Defenses to unlawful possession or carrying of a weapon

(a) It is a defense to the application of § 39-17-1307 if the possession or carrying was:

(1) Of an unloaded rifle, shotgun or handgun not concealed on or about the person

and the ammunition for the weapon was not in the immediate vicinity of the person

or weapon;

(2) By a person authorized to possess or carry a firearm pursuant to § 39-17-1315, §

39-17-1351, or § 39-17-1366;

(3) At the person's:

(A) Place of residence;

(B) Place of business; or

(4) Incident to lawful hunting, trapping, fishing, camping, sport shooting or other lawful

activity;

(5) By a person possessing a rifle or shotgun while engaged in the lawful protection of

livestock from predatory animals;

(6) By a Tennessee valley authority officer who holds a valid commission from the

commissioner of safety pursuant to this part while the officer is in the performance

of the officer's official duties;

(7) By a state, county or municipal judge or any federal judge or any federal or county

magistrate;

(8) By a person possessing a club or baton who holds a valid state security

guard/officer registration card as a private security guard/officer, issued by the

commissioner, and who also has certification that the officer has had training in the

use of club or baton that is valid and issued by a person certified to give training in

the use of clubs or batons;

(9) By any person possessing a club or baton who holds a certificate that the person

has had training in the use of a club or baton for self-defense that is valid and

issued by a certified person authorized to give training in the use of clubs or

batons, and is not prohibited from purchasing a firearm under any local, state or

federal laws;

(10) By any out-of-state, full-time, commissioned law enforcement officer who holds a

valid commission card from the appropriate out-of-state law enforcement agency

and a photo identification; provided, that if no valid commission card and photo

identification are retained, then it shall be unlawful for that officer to carry firearms

in this state and this section shall not apply. The defense provided by this

subdivision (a)(10) shall only be applicable if the state where the out-of-state officer

is employed has entered into a reciprocity agreement with this state that allows a

full-time, commissioned law enforcement officer in Tennessee to lawfully carry or

possess a weapon in the other state; or

(11) By a person authorized to carry a handgun pursuant to § 36-3-626 or § 39-17-

1365.

(b) The defenses described in this section are not available to persons described in § 39-

17-1307(b)(1).

§ 39-17-1363 Offense of owning, possessing, or having custody or control of a

potentially vicious dog or a vicious dog

(a) For purposes of this section:

(1) "Potentially vicious dog" means a dog that may reasonably be assumed to pose a

threat to public safety as demonstrated by any of the following behaviors:

(A) When unprovoked and off the property of the owner or keeper of the dog, inflicts

a bite causing bodily injury, as defined in § 39-11-106, to a person or domestic

animal; or

(B) When unprovoked and off the property of the owner or keeper of the dog, on two

(2) or more separate occasions, chases, menaces or approaches a person or

domestic animal in an aggressive manner or apparent attitude of attack;

(2) "Vicious dog" means any dog that without provocation and off the property of the

owner or keeper of the dog, has attacked a person causing death or serious bodily

injury, as defined by § 39-11-106, to such person; and

(3) "Violent felony" means:

(A) Any felony involving the use or attempted use of force, violence or a deadly

weapon;

(B) A violation of § 39-17-417, § 39-17-433 or § 39-17-435; or

(b) It is an offense for any person convicted of a violent felony to knowingly own, possess,

have custody or control of a potentially vicious dog or a vicious dog for a period of ten

(10) years after such person has been released from custody following completion of

sentence or is no longer under active probation, community correction or parole

supervision for such violent felony, whichever date is later.

custody or control of a dog that:

(1) Is not micro chipped for permanent identification; and

(2) Is not spayed or neutered and is older than twelve (12) weeks of age.

(d) A violation of this section is a Class A misdemeanor.

(e)

(1) It is an affirmative defense to prosecution under subsection (c), which must be

proven by a preponderance of the evidence, that the dog in question is

microchipped and neutered or spayed, or that the dog in question was microchipped

and neutered or spayed within thirty (30) days of the defendant being charged with

a violation of this section.

(2) Medical records from, or a certificate by, a person who is licensed by the person's

state of residence as a doctor of veterinary medicine, whose license is in good

standing and who has personally examined, inserted a microchip in, or operated

upon the dog, indicating that the dog in question has been microchipped or spayed

or neutered, shall be sufficient evidence that the dog in question has been

microchipped or spayed or neutered.

(3) If the dog in question is microchipped by a different doctor than the doctor who

spayed or neutered the dog, medical records or a certificate indicating that both

procedures have been performed are required for purposes of this defense.

(f) This section shall only apply if a person's conviction for a violent felony occurs on or

after July 1, 2010.

§ 40-13-104 Prosecutor not required

A prosecutor is dispensed with and the district attorney general may file bills of

indictment, officially, and without a prosecutor marked on the bill of indictment, in the

following cases:

(1) Upon a presentment;

(2) Upon an inquest of willful homicide or murder;

(3) Upon a recognizance to answer for a breach of the peace, or other inferior offense,

committed in the presence of and taken notice of by any judge from the judge's own

view;

(4) Upon a charge of gaming;

(5) Upon a charge of drawing a lottery or vending lottery tickets;

(6) Upon a charge of keeping a billiard table without a license;

(7) Upon a charge of violation of graves;

(8) Upon a charge against a county legislative body or a county mayor for failing to

provide safe prisons;

(9) Upon an order of the circuit or criminal court to file an indictment, officially, which may

be made when it appears to the court that an indictable offense has been committed,

and that no one will be prosecutor;

(10) Upon information made to the district attorney general by a judge of the court of

general sessions, upon the judge's own knowledge, of an indictable offense,

committed during the sitting of the court;

(11) Upon a report of the clerk of the chancery court that an executor, administrator or

guardian has neglected or refused for thirty (30) days after a subpoena has been

served to appear before the clerk and settle the accounts;

(12) Upon a charge of violating the laws to suppress the use, importation or sale of

prohibited weapons;

(13) Upon a charge of violating the laws against illegal voting, and to preserve the purity

of elections;

(14) Against the clerk of any court who knowingly and willfully, with intent and purpose to

affect the result of a case depending or decided in the clerk's court, makes a false

entry, fails to make an entry directed by law or makes an imperfect transcript of the

proceedings had in the clerk's court, and being in the clerk's office;

(15) Upon a charge of violating the laws pertaining to intoxicating liquors;

(16) Upon a charge of violating the laws to suppress private banking;

(17) Upon a charge of cutting, writing upon, defacing, disfiguring or damaging public

buildings;

(18) Upon a charge against a clerk of converting to the clerk's own use, investing, using

or lending money, property or effects in the clerk's custody, to be paid or delivered,

according to law or order of court, to any party, witness, officer or other person;

(19) Upon an indictment for sedition, conspiracies and riots;

(20) Upon an indictment for disturbing or obstructing a public officer in the discharge of

the officer's official duties;

(21) Upon a charge for violating the game and fish laws;

(22) Upon an indictment against a sheriff for permitting a prisoner in the sheriff's custody

to be put to death by violence;

(23) Upon a charge of trespass upon lands or injury to or removal of property in violation

of § 39-14-408;

(24) Upon a charge of child abuse in violation of § 39-15-401 or any other offense

against the person in which a child is the victim; and

(25) Any other cases provided by law.

§ 40-35-111 Authorized terms of imprisonment and fines for felonies and

misdemeanors

(a) A sentence for a felony is a determinate sentence.

(b) The authorized terms of imprisonment and fines for felonies are:

(1) Class A felony, not less than fifteen (15) nor more than sixty (60) years. In addition,

the jury may assess a fine not to exceed fifty thousand dollars ($50,000), unless

otherwise provided by statute;

(2) Class B felony, not less than eight (8) nor more than thirty (30) years. In addition, the

jury may assess a fine not to exceed twenty-five thousand dollars ($25,000), unless

otherwise provided by statute;

(3) Class C felony, not less than three (3) years nor more than fifteen (15) years. In

addition, the jury may assess a fine not to exceed ten thousand dollars ($10,000),

unless otherwise provided by statute;

(4) Class D felony, not less than two (2) years nor more than twelve (12) years. In

addition, the jury may assess a fine not to exceed five thousand dollars ($5,000),

unless otherwise provided by statute; and

(5) Class E felony, not less than one (1) year nor more than six (6) years. In addition,

the jury may assess a fine not to exceed three thousand dollars ($3,000), unless

otherwise provided by statute.

(c)

(1) A sentence to pay a fine, when imposed on a corporation for an offense defined in

title 39 or for any offense defined in any other title for which no special corporate

fine is specified, is a sentence to pay an amount, not to exceed:

(A) Three hundred fifty thousand dollars ($350,000) for a Class A felony;

(B) Three hundred thousand dollars ($300,000) for a Class B felony;

(D) One hundred twenty-five thousand dollars ($125,000) for a Class D felony; and

(E) Fifty thousand dollars ($50,000) for a Class E felony.

(2) If a special fine for a corporation is expressly specified in the statute that defines an

offense, the fine fixed shall be within the limits specified in the statute.

(d) A sentence for a misdemeanor is a determinate sentence.

(e) The authorized terms of imprisonment and fines for misdemeanors are:

(1) Class A misdemeanor, not greater than eleven (11) months, twenty-nine (29) days

or a fine not to exceed two thousand five hundred dollars ($2,500), or both, unless

otherwise provided by statute;

(2) Class B misdemeanor, not greater than six (6) months or a fine not to exceed five

hundred dollars ($500), or both, unless otherwise provided by statute; and

(3) Class C misdemeanor, not greater than thirty (30) days or a fine not to exceed fifty

dollars ($50.00), or both, unless otherwise provided by statute.

(f) In order to furnish the general assembly with information necessary to make an

informed determination as to whether the increase in the cost of living and changes in

income for residents of Tennessee has resulted in the minimum and maximum

authorized fine ranges no longer being commensurate with the amount of fine deserved

for the offense committed, every five (5) years, on or before January 15, the fiscal

review committee shall report to the chief clerks of the senate and the house of

representatives of the general assembly the percentage of change in the average

consumer price index (all items-city average) as published by the United States

department of labor, bureau of labor statistics and shall inform the general assembly

what the statutory minimum and maximum authorized fine for each offense

classification would be if adjusted to reflect the compounded cost-of-living increases

during the five-year period.

§ 41-1-102 Correctional Institutions – use of dogs to search personnel for

contraband

…

(d)

(1) Periodic routine searches for contraband shall be made of all employees of the

department prior to the entrance of the persons inside the confines of a state

correctional facility. The searches may be accomplished through the use of dogs

trained to detect controlled substances and controlled substance analogues, by the

use of a magnetometer or similar device, by a pat-down search by a person of the

same sex and by an examination of the contents of pockets, bags, purses,

packages or other containers. The searches shall be conducted uniformly or by

systematic random selection.

…

(5) One (1) dog trained to detect controlled substances and controlled substance

analogues for each grand division and one (1) polygraph machine for each grand

division shall be utilized by the department for the purposes of implementing this

subsection (d).

…

(See full statute).

§ 41-1-118 Dogs for detecting drugs

(a) The commissioner of correction may maintain at least one (1) dog trained to detect

marijuana and other illicit substances at each correctional facility in the

commissioner's charge; but where more than one (1) correctional facility is located

within a county, the commissioner may maintain one (1) dog to serve in the several

facilities if this appears to the commissioner to be adequate to locate and detect the

substances.

(b) These dogs may be used on a regular basis, or at irregular times and intervals, to

survey inmates and areas inhabited or frequented by inmates in order to locate and

detect marijuana and other illicit substances. The dogs may also be used to check

persons entering into correctional facilities or their grounds to detect the introduction

of marijuana and other illicit substances.

§ 42-1-110 Intentionally killing or attempting to kill birds or animals -- Penalty

Any aeronaut or passenger who, while in flight within this state, intentionally kills or

attempts to kill any birds or animals commits a Class C misdemeanor.

§ 43-1-108 Audiovisual recordation of animal inspection permitted

Unless otherwise prohibited by federal law, the owner of any animal that is subject to an

inspection in this state for the purpose of determining compliance with any statutory or

regulatory requirement shall be permitted to personally record such inspection by

audiovisual means or designate an agent to record such inspection by audiovisual

means.

§ 43-1-114 Definition of livestock – Applicability

(a) The definition of livestock as set forth in subsection (b) shall be applicable to the

term wherever it appears in the code, unless a different definition is specifically

made applicable to the part, chapter, or section in which the term appears or unless

the context otherwise requires.

(b) “Livestock” means all equine as well as animals that are being raised primarily for

use as food or fiber for human utilization or consumption including, but not limited to,

cattle, sheep, swine, goats, and poultry.

§ 43-8-102 Pesticides – definitions

As used in this part and part 2 of this chapter, unless the context otherwise requires:

...

(12) "Pesticide" means any substance or mixture of substances or chemical intended for

defoliating or desiccating plants or for preventing, destroying, repelling, or mitigating

any insects, rodents, fungi, bacteria, weeds or other forms of plant or animal life the

commissioner shall declare to be a pest. This includes, but is not limited to,

insecticides, fungicides, bactericides, herbicides, desiccants, defoliants, plant

regulators, adjuvants or nematocides;

...

(14) "Use in a manner inconsistent with labeling" as to a pesticide means any use of a

registered pesticide in a manner not permitted by its labeling, except that "use in a

manner inconsistent with labeling" does not include:

(A) Applying a pesticide at any dosage, concentration, or frequency less than that

specified on the labeling;

(B) Applying a pesticide against any target pest not specified on the labeling if the

application is to the crop, animal, or site specified on the labeling, unless federal

requirements demand that the labeling specifically state that the pesticide may be

used only for the pests specified on the labeling;

(D) Mixing a pesticide or pesticides with a fertilizer when such mixture is not

prohibited on the labeling; or

(E) Any other use otherwise inconsistent but specifically permitted under federal law.

...

(see full statute)

§ 43-8-105 Pesticides – prohibitions

It is unlawful:

(1) For any person to detach, alter, deface, or destroy, in whole or in part, any label or

labeling provided for in this part and part 2 of this chapter or the rules and regulations

promulgated hereunder, or to add any substance to, or take any substance from, a

pesticide in a manner that may defeat the purposes of this part and part 2 of this

chapter;

(2) For any manufacturer, distributor, dealer, carrier, or other person to refuse, upon

written request specifying the nature or kind of pesticide to which such request relates,

to furnish to or permit any person designated by the commissioner to have access to

and to copy such records of business transactions as may be essential in carrying out

the purposes of this part and part 2 of this chapter;

(3) For any person to give a guaranty or undertaking provided for in § 43-8-108 that is

false in any particular, except that a person who receives and relies upon a guaranty

authorized under § 43-8-108 may give a guaranty to the same effect, which guaranty

shall contain, in addition to such person's own name and address, the name and

address of the person residing in the United States from whom such person received

the guaranty or undertaking;

(4) For any person to use for the person's own advantage or to reveal, other than to the

commissioner, or officials or employees of the state of Tennessee, or officials or

employees of the United States department of agriculture, or other federal agencies, or

to the courts in response to a subpoena, or to physicians, and in emergencies to

pharmacists and other qualified persons, for use in the preparation of antidotes, in

accordance with such directions as the commissioner may prescribe, any information

relative to formulas of products acquired by authority of § 43-8-104;

(5) For any person to oppose or interfere in any way with the commissioner or the

commissioner's duly authorized agents in carrying out the duties imposed by this part

and part 2 of this chapter;

(6) For any person to handle, transport, store, display or distribute pesticides in such a

manner as to endanger health and the environment or to endanger food, feed, or other

products that may be transported, stored, displayed or distributed with such pesticides;

(7) For any person to dispose of, discard or store any pesticide or pesticide containers in

such a manner as to cause injury to humans, vegetation, crops, livestock, wildlife,

beneficial insects or to pollute any water supply or waterways.

§ 43-10-105 Seed label must warn if harmful to animals

All seed named and treated as defined in this part (for which a separate label may be

used) shall be labeled to show the following information:

(1) A word or statement indicating that the seed has been treated;

(2) The commonly accepted coined, chemical or abbreviated chemical (generic) name of

the applied substance or description of the process used;

(3) If the substance in the amount present with the seed is harmful to human or other

vertebrate animals, a caution statement such as "Do not use for food, feed, or oil

purposes." The caution for mercurials and similarly toxic substances shall be a poison

statement or symbol; and

(4) If the seed is treated with an inoculant, the date beyond which the inoculant is not to be

considered effective (date of expiration).

§ 43-11-404 Prohibited sales – liming material toxic to animals

(a) No agricultural liming material shall be sold or offered for sale in this state

unless it complies with this part and regulations pertaining to this part.

(b) No agricultural liming material shall be sold or offered for sale in this state that

contains toxic materials in quantities injurious to plants or animals.

§ 43-33-126 Fish farming -- Hybrid striped bass

(a) Notwithstanding any other provision of law or proclamation to the contrary, any person,

firm or corporation engaged in the business of fish farming may raise to maturity hybrid

striped bass for the specific purpose of making the hybrid striped bass available for

purchase by wholesalers, restaurants and members of the public. The person, firm or

corporation shall comply with the applicable rules of the Tennessee wildlife resources

commission.

(b) For the purposes of this section, "fish farming" means the rearing of artificially

propagated, nonbait fish for the specific and bona fide purpose of making the fish

available to persons wishing to procure the fish by purchase.

§ 44-2-101 Animals/Animal Husbandry -- Prevention and Treatment of Diseases --

definitions

As used in this chapter, unless the context otherwise requires:

(1) "Animal" or "animals" means all domestic animals including, but not limited to,

cattle, bison, all equidae, sheep, goats, swine, dogs, cats, all avian species, and

all Class III animals as established by § 70-4-403;

(2) "Commissioner" means the commissioner of agriculture;\

(3) "Department" means the Tennessee department of agriculture;

(4) "Disease" means any communicable disease deemed appropriate for regulatory

control measures by the state veterinarian;

(5) "Person" means an individual, corporation, partnership and any association of

two or more persons having a joint or common interest; and

(6) “USDA" means the United States department of agriculture.

§ 44-2-102 Animals/Animal Husbandry -- Prevention and Treatment of Diseases --

supervisory powers

The commissioner and the state veterinarian have the general supervision of all animals

within or that may be in transit through the state, and they are empowered to:

(1) Establish a quarantine against any animal or animals within or entering the state;

(2) Enter any premises in which animals are likely kept for the purpose of examining,

inspecting or testing for the purpose of disease control;

(3) Prohibit or regulate the importation of animals into this state whenever it is

necessary to protect the health of animals in Tennessee;

(4) Order tests or vaccinations of animals within the state or imported into the state for

the purpose of protecting the health of animals in Tennessee;

(5) Order the destruction and sanitary disposition of any animal, whenever, in the

opinion of the state veterinarian, the interests of the state are best served by the

destruction of that animal. This destruction may be ordered only for control of any

animal disease for which the state has a control program, or for any animal

disease not known to exist in the United States;

(6) Order the sanitary disposition of any dead animal. The owner of such animal shall

be liable for its disposition;

(7) Stop and inspect or examine vehicles likely to be hauling animals for the purposes

of disease control and determining compliance with this chapter;

(8) Order the cleaning and disinfection of any premises, vehicle or equipment for the

purpose of animal disease control;

(9) Promulgate in accordance with the Uniform Administrative Procedures Act,

compiled in title 4, chapter 5, all rules and regulations necessary to carry out this

chapter;

(10) Impose in accordance with the Uniform Administrative Procedures Act,

compiled in title 4, chapter 5, civil penalties of up to one thousand dollars ($1,000)

for each violation of this chapter or the rules and regulations promulgated under

this chapter;

(11) Cooperate with the government of the United States and may designate

employees of USDA as agents of the department in carrying out the purposes of

this chapter;

(12) Call upon other law enforcement agencies for assistance when the public

safety and welfare is threatened; and

(13) File suit in a court of competent jurisdiction for the purpose of enjoining the

further violation of this chapter.

§ 44-2-103 Animals/Animal Husbandry -- Prevention and Treatment of Diseases --

prohibited acts

It is unlawful for any person to:

(1) Willfully hinder, obstruct, disregard or evade any quarantine or order the

commissioner or state veterinarian may issue under this chapter;

(2) Distribute, sell or use any veterinary vaccine, antiserum, or diagnostic antigen or

other veterinary biologic products unless licensed by the USDA and permitted by

the department;

(3) Refuse to allow the commissioner or the state veterinarian or any person acting

under the commissioner's or state veterinarian's authority to inspect or examine

any animal reported or suspected to be infected with any communicable disease,

or for the owner of such animals to fail to present them for testing or to fail to

render reasonable assistance in testing of the animals;

(4) Knowingly sell, trade or import into this state any animal or animals infected with a

communicable disease; or

(5) Violate any rule or regulation promulgated pursuant to this chapter.

§ 44-2-104 Animals/Animal Husbandry -- Prevention and Treatment of Diseases --

penalties

A violation of this chapter is a Class A misdemeanor.

§ 44-2-105 Animals/Animal Husbandry -- Prevention and Treatment of Diseases --

Indemnity for destroyed animals

The commissioner through rules and regulations may establish procedures for the

payment of indemnities for animals destroyed under authority of this chapter. Indemnity

under this section is not intended to be a full reimbursement but a partial compensation

based on, but not limited to, the value of the animal and the availability of funds for that

purpose. Indemnification may be disallowed in cases where the owner is in violation of

this chapter.

§ 44-2-106 Animals/Animal Husbandry -- Prevention and Treatment of Diseases –

federally accredited veterinarians -- inspections, vaccinations and tests

Veterinarians accredited under Title 9 of the Code of Federal Regulations and licensed by

the state board of veterinary medical examiners may be authorized to make necessary

inspections, vaccinations, and tests required by this chapter or its regulations.

§ 44-2-402 Tennessee Garbage Feeding Law - definitions

As used in this part, unless the context otherwise requires:

(1) "Commissioner" means the commissioner of agriculture;

(2) "Garbage" means animal or plant waste resulting from the handling, preparation,

cooking or consumption of foods, including animal and fowl carcasses or parts thereof,

and all waste material and by-products of a kitchen, restaurant, hospital, hotel, motel,

or slaughterhouse; except, however, bakery waste, whey, or other dairy waste from

milk processing plants shall not be included in this definition; and

(3) "Person" means any individual, partnership, corporation, association or other legal

entity or any organization, political subdivision or governmental agency.

§ 44-2-403 Tennessee Garbage Feeding Law - enforcement

This part shall be enforced and administered by the commissioner or the

commissioner's designated representative.

§ 44-2-404 Tennessee Garbage Feeding Law - when feeding garbage to swine

allowed

It is unlawful for any person to feed garbage to swine except:

(1) Any individual who feeds only that person's own household garbage to that person's

own swine; or

(2) Garbage that has been processed in a manner prescribed and approved by the

commissioner.

§ 44-2-405 Tennessee Garbage Feeding Law - rules and regulations

The commissioner may promulgate such rules and regulations as, in the commissioner's

opinion, are necessary to implement this part.

§ 44-2-406 Tennessee Garbage Feeding Law - inspection of premises

The commissioner or the commissioner's designated representative may enter upon

any premises, public or private, for the purpose of determining if a violation of this part

has occurred.

§ 44-2-407 Tennessee Garbage Feeding Law - penalty for violation

(a) A violation of this part by any person is a Class C misdemeanor.

(b) Each illegal feeding of garbage is to be considered a separate offense.

§ 44-2-408 Tennessee Garbage Feeding Law - enjoining violations

The commissioner, upon determining that any person may have violated any provision of

this part, may petition for injunctive relief from further violation. The petition shall be

addressed to the chancery court in the county in which the offense occurred or in which

the offender's principal place of business is located or where the offender is doing

business or resides. The chancellor, on determining that probable cause of a violation of

this part exists, shall issue appropriate injunctive relief.

§ 44-6-104 Commercial feed -- license requirement

(a) Any person who manufactures a commercial feed within the state, who distributes a

commercial feed in or into the state, or whose name appears on the label of a

commercial feed as guarantor shall obtain a license for each facility from which

commercial feed is distributed in or into the state authorizing the person to

manufacture or distribute commercial feed before engaging in the activity. Any person

who makes only retail sales of commercial feed that bears labeling or other approved

indication that the commercial feed is from a licensed manufacturer, guarantor, or

distributor who has assumed full responsibility for the tonnage inspection fee due

under this chapter is not required to obtain a license.

(b) Any person who is required to obtain a license shall submit an application on a form

provided or approved by the commissioner, accompanied by by payment in the

amount set by rule pursuant to § 43-1-703 for each facility. Each license shall expire on

July 1 of the year for which it is issued.

by rules promulgated by the commissioner.

(d) The commissioner is empowered to refuse to issue a license to any person not in

compliance with this chapter and to cancel the license of any licensee subsequently

found not to be in compliance with any provisions of this chapter; provided, that no

license shall be refused or cancelled unless the applicant or licensee has been given

an opportunity to be heard before the commissioner and to amend the applicant's or

licensee's application in order to comply with the requirements of this chapter.

§ 44-6-105 Labeling

A commercial feed shall be labeled as follows:

(1) In case of a commercial feed, except a customer-formula feed, it shall be

accompanied by a label bearing the following information:

(A) The quantity statement;

(B) The product name and the brand name, if any, under which the commercial

feed is distributed;

regulation determines, is required to advise the user of the composition of the

feed or to support claims made in the labeling. In all cases the substances or

elements must be determinable by laboratory methods published by the

AOAC International, or other methods approved by regulation;

(D) The common or usual name of each ingredient used in the manufacture of the

commercial feed; provided, that the commissioner by regulation may permit

the use of a collective term for a group of ingredients that perform a similar

function, or the commissioner may exempt commercial feeds, or any group

thereof, from this requirement of an ingredient statement if the commissioner

finds that this statement is not required in the interest of consumers;

(E) The name and principal mailing address of the manufacturer or the person

responsible for distributing the commercial feed;

(F) For those commercial feeds containing drugs, and for such other feeds as the

commissioner may require by regulation, adequate directions for their safe

and effective use; and

(G) Such precautionary statements as the commissioner by regulation determines

are necessary for the safe and effective use of the commercial feed; and

(2) In the case of a customer-formula feed, it shall be accompanied by a label,

invoice, delivery slip, or other shipping document, bearing the following

information:

(A) Name and address of the manufacturer;

(B) Name and address of the purchaser;

(D) The product name and brand name, if any, and the net weight of each

registered commercial feed used in the mixture, and the net weight of each

other ingredient used;

(E) For those customer-formula feeds containing drugs, and for such other feeds

as the commissioner may require by regulation, adequate directions for their

safe and effective use; and

(F) Such precautionary statements as the commissioner by regulation determines

are necessary for the safe and effective use of the customer-formula feed.

§ 44-6-106 Commercial feed -- misbranding

A commercial feed shall be deemed to be misbranded if:

(1) Its labeling is false or misleading in any particular;

(2) It is distributed under the name of another commercial feed;

(3) It is not labeled as required in § 44-6-105;

(4) It purports to be or is represented as a commercial feed, or if it purports to contain

or is represented as containing a commercial feed ingredient, unless the

commercial feed or feed ingredient conforms to the definition, if any, prescribed by

regulation by the commissioner; or

(5) Any word, statement, or other information required by or under authority of this

chapter to appear on the label or labeling is not prominently placed thereon with

such conspicuousness (as compared with other words, statements, designs, or

devices in the labeling) and in such terms as to render it likely to be read and

understood by the ordinary individual under customary conditions of purchase and

use.

§ 44-6-107 Commercial feed -- adulteration

A commercial feed shall be deemed to be adulterated if:

(1)

(A) It bears or contains any poisonous or deleterious substance that may render

it injurious to health; but in case the substance is not an added substance,

the commercial feed shall not be considered adulterated under this

subdivision (1)(A), if the quantity of the substance in the commercial feed

does not ordinarily render it injurious to health;

(B) It bears or contains any added poisonous, added deleterious, or added

nonnutritive substance that is unsafe within the meaning of § 406 of the

federal Food, Drug, and Cosmetic Act, other than one that is:

(i) A pesticide chemical in or on a raw agricultural commodity; or

(ii) A food additive;

meaning of § 409 of the federal Food, Drug, and Cosmetic Act;

(D) It is a raw agricultural commodity and it bears or contains a pesticide chemical

that is unsafe within the meaning of § 408(a) of the federal Food, Drug, and

Cosmetic Act; provided, that where a pesticide chemical has been used in or

on a raw agricultural commodity in conformity with an exemption granted or a

tolerance prescribed under § 408 of the federal Food, Drug, and Cosmetic Act,

and the raw agricultural commodity has been subjected to processing, such as

canning, cooking, freezing, dehydrating, or milling, the residue of the pesticide

chemical remaining in or on the processed feed shall not be deemed unsafe if

the residue in or on the raw agricultural commodity has been removed to the

extent possible in good manufacturing practice and the concentration of the

residue in the processed feed is not greater than the tolerance prescribed for

the raw agricultural commodity, unless the feeding of such processed feed will

result or is likely to result in a pesticide residue in the edible product of the

animal that is unsafe within the meaning of § 408(a) of the federal Food, Drug,

and Cosmetic Act;

(E) It is, or it bears or contains any color additive that is unsafe within the

meaning of § 706 of the federal Food, Drug, and Cosmetic Act;

(F) It is, or it bears or contains any new animal drug that is unsafe within

the meaning of § 512 of the federal Food, Drug & Cosmetic Act;

(G) It consists in whole or in part of any filthy, putrid or decomposed substance, or

if it is otherwise unfit for feed;

(H) It has been prepared, packed, or held under unsanitary conditions whereby

it may have become contaminated with filth, or whereby it may have been

rendered injurious to health;

(I) It is, in whole or in part, the product of a diseased animal or of an animal that

has died otherwise than by slaughter that is unsafe within the meaning of §

402 (a)(1) or (2) of the federal Food, Drug, and Cosmetic Act;

(J) Its container is composed, in whole or in part, of any poisonous or deleterious

substance that may render the contents injurious to health; or

(K) It has been intentionally subjected to radiation, unless the use of the radiation

was in conformity with the regulations or exemptions in effect pursuant to §

409 of the federal Food, Drug, and Cosmetic Act;

(2) Any valuable constituent has been in whole or in part omitted or abstracted

therefrom or any less valuable substance substituted therefor;

(3) Its composition or quality falls below or differs from that which it is purported or is

represented to possess by its labeling;

(4) It contains a drug and the methods used in or the facilities or controls used for its

manufacture, processing, or packaging do not conform to current good

manufacturing practice regulations promulgated by the commissioner to assure that

the drug meets the requirements of this chapter as to safety and has the identity

and strength and meets the quality and purity characteristics that it purports or is

represented to possess. In promulgating such regulations, the commissioner shall

adopt the current good manufacturing practice regulations for Type A Medicated

Articles and Type B and Type C Medicated Feeds established under authority of the

federal Food, Drug, and Cosmetic Act, unless the commissioner determines that

they are not appropriate to the conditions that exist in this state; or

(5) It contains viable weed seeds in amounts exceeding the limits that the

commissioner establishes by rule or regulation.

§ 44-6-108 Commercial feed -- prohibited acts

The following acts and the causing of the following acts within this state are prohibited:

(1) The manufacture or distribution of any commercial feed that is adulterated or

misbranded;

(2) The adulteration or misbranding of any commercial feed;

(3) The distribution of agricultural commodities, such as whole seed, hay, straw, stover,

silage, cobs, husks, and hulls, that are adulterated within the meaning of § 44-6-

107(1);

(4) The removal or disposal of a commercial feed in violation of an order under § 44-6-

112;

(5) The failure or refusal to register in accordance with § 44-6-104; and

(6) Failure to pay inspection fees and file reports as required by § 44-6-109 [repealed].

§ 44-6-110 Commercial feed and pet food -- rules and regulations

The commissioner is authorized to promulgate such rules and regulations for commercial

feeds and pet foods as are specifically authorized in this chapter, and such other

reasonable rules and regulations as may be necessary for the efficient enforcement of this

chapter. In the interest of uniformity, the commissioner shall by regulation adopt, unless

the commissioner determines that they are inconsistent with this chapter or are not

appropriate to conditions that exist in this state, the following:

(1) The official definitions of feed ingredients and official feed terms adopted by the

Association of American Feed Control Officials and published in the official publication

of that organization; and

(2) Any regulation promulgated pursuant to the authority of the federal Food, Drug, and

Cosmetic Act (21 U.S.C. § 301 et seq.).

§ 44-6-111 Commercial feed -- inspection; sampling; analysis

(a) For the purpose of enforcement of this chapter, and in order to determine whether its

provisions have been complied with, including whether or not any operations may be

subject to the provisions, officers or employees duly designated by the commissioner,

upon presenting appropriate credentials, are authorized to:

(1) Enter, during normal business hours, any factory, warehouse, or establishment

within the state in which commercial feeds are manufactured, processed, packed, or

held for distribution, or to enter any vehicle being used to transport or hold

commercial feeds; and

(2)

(A) Inspect at reasonable times and within reasonable limits and in a reasonable

manner, such a factory, warehouse, establishment, or vehicle, and all pertinent

equipment, finished and unfinished materials, containers, and labeling therein.

(B) The inspection may include the verification of only such records and production

and control procedures as may be necessary to determine compliance with the

good manufacturing practice regulations established under § 44-6-107(4).

(b) A separate notice shall be given for each such inspection, but a notice shall not be

required for each entry made during the period covered by the inspection. Each such

inspection shall be commenced and completed with reasonable promptness. Upon

completion of the inspection, the person in charge of the facility or vehicle shall be so

notified.

establishment has obtained a sample in the course of the inspection, upon completion

of the inspection and prior to leaving the premises, the officer or employee shall give to

the owner, operator, or agent in charge a receipt describing the samples obtained.

(d) If the owner of any factory, warehouse, or establishment described in subsection (a),

or the owner's agent, refuses to admit the commissioner, or the commissioner's agent,

to inspect in accordance with subsections (a) and (b), the commissioner is authorized

to obtain from any state court a court order directing the owner or the owner's agent to

submit the premises described in the warrant to inspection.

(e) For the purpose of the enforcement of this chapter, the commissioner or the

commissioner's duly designated agent is authorized to enter upon any public or private

premises, including any vehicle of transport, during regular business hours to have

access to, to obtain samples of, and to examine records relating to distribution of,

commercial feeds.

(f) Sampling and analysis shall be conducted in accordance with methods published by

the AOAC International, or in accordance with other generally recognized methods.

(g) The results of all analyses of official samples shall be forwarded by the commissioner

to the person named on the label. When the inspection and analysis of an official

sample indicate a commercial feed has been adulterated or misbranded, the

commissioner shall furnish to the registrant a portion of the sample concerned if the

registrant requests it within thirty (30) days of notification.

(h) The commissioner, in determining for administrative purposes whether a commercial

feed is deficient in any component, shall be guided by the official sample as defined in

§ 44-6-103 and obtained and analyzed as provided for in subsections (c), (e), and (f).

§ 44-6-112 Commercial feed -- withdrawal, condemnation and confiscation orders

(a) When the commissioner or the commissioner's authorized agent has reasonable

cause to believe any lot of commercial feed is being distributed in violation of any of

the provisions of this chapter or of any of the prescribed regulations under this chapter,

the commissioner or the commissioner's agent may issue and enforce a written or

printed "withdrawal from distribution" order, warning the distributor not to dispose of

the lot of commercial feed in any manner until written permission is given by the

commissioner or the court. The commissioner shall release the lot of commercial feed

so withdrawn when the provisions and regulations have been complied with. If

compliance is not obtained within thirty (30) days, the commissioner may begin, or

upon request of the distributor or registrant shall begin, proceedings for condemnation.

100

(b) Any lot of commercial feed not in compliance with any of the provisions of this chapter

or of any of the prescribed regulations under this chapter shall be subject to seizure on

complaint of the commissioner to a court of competent jurisdiction in the area in which

the commercial feed is located. In the event the court finds the commercial feed to be

in violation of this chapter and orders the condemnation of the commercial feed, it shall

be disposed of in any manner consistent with the quality of the commercial feed and

the laws of the state; provided, that in no instance shall the disposition of the

commercial feed be ordered by the court without first giving the claimant an

opportunity to apply to the court for release of the commercial feed or for permission to

process or relabel the commercial feed to bring it into compliance with this chapter.

§ 44-6-113 Commercial feed -- penalties

(a) Any person convicted of violating any of the provisions of this chapter or who impedes,

hinders or otherwise prevents, or attempts to prevent, the commissioner or the

commissioner’s duly authorized agent in performance of that official’s duty in

connection with this chapter commits a Class C misdemeanor. In all prosecutions

under this chapter involving the composition of a lot of commercial feed, a certified

copy of the official analysis signed by the commissioner or the commissioner’s

authorized agent shall be accepted as prima facie evidence of the composition.

(b) Nothing in this chapter shall be construed as requiring the commissioner or the

commissioner's representative to:

(1) Report for prosecution;

(2) Institute seizure proceedings; or

(3) Issue a withdrawal from distribution order,

as a result of minor violations of this chapter, or when that official believes the

public interest will best be served by suitable notice of warning in writing.

permanent injunction restraining any person from violating or continuing to violate any

of the provisions of this chapter or any rule or regulation promulgated under this

chapter, notwithstanding the existence of other remedies at law. The injunction is to be

issued without bond.

(d) Any person adversely affected by an act, order or ruling made pursuant to this chapter

may within forty-five (45) days thereafter bring action in the chancery court of

Davidson County, or the chancery court in the county of the residence or principal

place of business of the party adversely affected, for judicial review of the act, order or

ruling. The form of the proceeding shall be any that may be provided by statutes of this

state to review decisions of administrative agencies, or in the absence or inadequacy

thereof, any applicable form of legal action, including actions for declaratory judgments

or writs of prohibitory or mandatory injunctions.

§ 44-6-114 Commercial feed -- cooperation with other entities

The commissioner may cooperate with and enter into agreements with governmental

agencies of this state, other states, agencies of the federal government, and private

associations in order to carry out the purpose and provisions of this chapter.

§ 44-6-115 Commercial feed -- publications

The commissioner shall publish at least annually, in such forms as the commissioner

may deem proper, information concerning the sales of commercial feeds, together with

such data on their production and use as the commissioner may consider advisable, and

a report of the results of the analyses of official samples of commercial feeds sold within

the state as compared with the analyses guaranteed in the registration and on the label;

provided, that the information concerning production and use of commercial feed shall

101

not disclose the operations of any single person or company.

§ 44-7-101 Marks and brands of animals running at large

Any person owning any cattle, hogs, sheep or goats, horses or other animals, running at

large, shall have an earmark or brand different from those of that person's neighbors.

§ 44-7-102 Recording marks and brands

Marks or brands shall be recorded in the office of the county clerk of the county in which

the animals run; but the same brand or marks shall not be recorded to more than one (1)

person in the same county.

§ 44-7-103 Priority of marks and brands

When a dispute occurs in regard to a brand or mark, the person first recording the same

is entitled thereto.

§ 44-7-104 Horses and cattle to be branded

The owner shall brand all horses, from eighteen (18) months old and upwards, with the

same brand, and earmark and brand all the owner's cattle from twelve (12) months old

and upwards with the same mark or brand.

§ 44-7-105 Deciding dispute as to marks and brands

If any dispute arise about an earmark or brand, it shall be decided according to entries

on the book of the county clerk.

§ 44-7-106 Neat cattle purchased to be branded anew upon purchase

Any person who buys branded neat cattle from another, or acquires same by other

lawful means, shall, within eight (8) months, brand the cattle with the person's own

proper brand, in the presence of two (2) credible witnesses, a certificate of which shall

be signed by the witnesses.

§ 44-7-107 Altering or defacing marks/brands results in forfeiture

Any person who alters or defaces the mark or brand of another, forfeits for each animal

on which the mark or brand is altered or defaced, twenty-five dollars ($25.00) to the

owner who sues therefor in six (6) months, and to the owner or any interested third

person who sues after six (6) and within twelve (12) months.

§ 44-7-108 Misbranding or mismarking results in forfeiture

Any person who misbrands or mismarks any unbranded or unmarked animals not

belonging to that person forfeits, as in § 44-7-107, twenty-five dollars ($25.00) over and

above the value of the animal, to be recovered in the same way.

§ 44-7-109 Marks and Brands -- inspection of records; recording fee

The county clerk shall allow all citizens of the county to inspect, without charge, the

book in which the marks and brands are recorded; and is entitled to fifty cents (50¢) for

each record of a mark or brand.

§ 44-7-110 Record of livestock brands required

(a) Every stockyard, slaughterhouse, and packing house licensed to do business under

the laws of this state shall maintain for sixty (60) days on file a record of all visible

brands on livestock handled or processed on their premises. The list shall be

updated every sixty (60) days and inspection shall be made available to persons

doing business with those establishments.

(b) In the event brands are unreadable, the stockyard, slaughterhouse, or packing

102

house will record the brand to the best of its ability with a statement declaring the

condition of the brand.

§ 44-7-201 Brands -- definitions

As used in this part, unless the context otherwise requires:

(1) "Brand" means any recorded identification mark applied to any position on the

hide of a live animal by means of heat, acid or chemical, except tattoo marks in

the ear or numbers used to keep production records or record of age;

(2) "Commissioner" means the commissioner of agriculture;

(3) "Department" means the department of agriculture;

(4) "Livestock hide dealer" means any dealer or person who buys hides;

(5) "Livestock market" means a place where a person assembles livestock for

public sale if the person is required to procure a license or permit from the

department to operate such market; and

(6) "Person" means any individual, partnership, corporation or association.

§ 44-7-202 Registration of brands by department of agriculture -- Fees -- Issuance

of certificate

(a) Any owner who uses a brand to identify cattle, hogs, sheep, goats, horses, and other

animals belonging to that owner must submit an application to the department to

(b) The application shall be made on forms prescribed and furnished by the department

and shall be accompanied by payment of a fee set by rule pursuant to § 43-1-703

and a facsimile of the brand to be registered. If the brand described in the application

closely resembles another brand previously registered by another owner, the

commissioner may reject the application for registration, but in the event the brand

does not closely resemble another brand previously registered, the commissioner

shall issue to the applicant a certificate of registration.

to another person by notifying the department of the transfer and giving the date of

transfer and the name of the transferee. Upon receipt of the notice, the department

shall note the brand transfer and the name of the transferee in its register of brands.

The transferee shall not use the transferred brand until the department notifies the

transferee that the brand transfer has been noted on the department's register.

§ 44-7-203 Copy of certificate evidence of registration

In all suits at law or in equity, or in any criminal proceedings involving the title or right of

possession of branded cattle, hogs, sheep, goats, horses, and other animals, a copy of

the certificate of the brand registration, verified by the affidavit of the commissioner, shall

be received in evidence by the court as evidence of the registration of the brand in

accordance with the requirements of this part.

§ 44-7-204 Reregistration of brands periodically -- Fee -- Forfeiture upon failure

Every five (5) years, all brands shall be reregistered with the department. At least ninety

(90) days prior to the date for reregistration of all brands, the department shall notify all

persons having brands registered as to the date by which the brand must be

reregistered. On or before the reregistration date, the person in whose name the brand

is registered shall furnish such additional information as the department may require on

forms furnished by the department. If any person having a registered brand fails to

reregister the brand in that person's name, the brand shall be forfeited and shall be

available for registration in the name of another person.

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§ 44-7-205 Register of brands -- Publication

The department shall maintain a complete register of all brands, showing the name and

address of the owner, and shall, in accordance with the rules, regulations, policies and

procedures of the state publications committee, publish and distribute copies of the

county clerk in the state. Copies of the register of brands may be furnished to other

persons requesting them at a price to be determined by the commissioner.

§ 44-7-206 Copies of register to be available for inspection

Every operator of a livestock market where cattle, hogs, sheep, goats, horses, and other

animals are sold shall keep a copy of the register of brands in that person's place of

business where it will be accessible for public inspection.

§ 44-7-207 Rules and regulations promulgated by commissioner

The commissioner has the authority to promulgate such rules and regulations as are

reasonably necessary to carry out the intent and purpose of this part so as to facilitate the

tracing and identification of cattle, hogs, sheep, goats, horses, and other animals, and

afford protection against stealing and unlawful dealing in cattle, hogs, sheep, goats,

horses, and other animals.

§ 44-7-208 Unlawful to use unregistered brand or deface brand

It is unlawful for:

(1) Any person to use any brand for branding cattle, hogs, sheep, goats, horses, and other

animals, unless the brand is registered with the department;

(2) Any person to obliterate, alter or deface the brand of any animals; or

(3) Any person operating or owning a livestock market to fail to keep a copy of the register

of brands furnished to such person by the department in a place easily accessible to

interested parties.

§ 44-7-209 Violation of this part a misdemeanor

A person who violates any of the provisions of this part commits a Class C

misdemeanor.

§ 44-7-301 Pedigreed jacks or bulls for breeding must be registered

The pedigree of any jack or bull, claimed to be pedigreed livestock and used for public

breeding, shall be filed and registered with the county clerk, under oath that the pedigree

is genuine, and the county clerk shall record the pedigree in a well-bound book to be

kept in county clerk's office for that purpose.

§ 44-7-302 Pedigrees to be posted

The owner of such pedigreed stock shall, during breeding seasons, have posted

conspicuously in three (3) different places in the county in which the owner lives, or in

which the animal is being used for breeding purposes, a certified copy of the pedigree

recorded as provided in § 44-7-301.

§ 44-7-303 False pedigree posted or recorded is a misdemeanor

Any person who knowingly records or posts any false or fraudulent pedigree commits a

Class C misdemeanor.

§ 44-7-401 Certification of Livestock

In order to promote and further develop livestock interests of this state, the

commissioner, or the commissioner's authorized agents, is authorized, when requested

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by parties financially interested in livestock or livestock products, to investigate and

certify the quality, condition, grade or other classification of the livestock or livestock

products. Such classification, including payment of such fees as the commissioner

deems reasonable for the services rendered or performed by employees or licensed

agents of the department, shall be established under such rules and regulations as the

commissioner may prescribe.

§ 44-7-402 Certification of Livestock -- disposition of collected fees

All fees and moneys collected or received under § 44-7-401 shall be paid into the state

treasury to the credit of the department, with the funds to be used solely and separately

to defray the actual costs of the services rendered.

§ 44-7-403 Certification of Livestock -- Animal diagnostic laboratory; fees

(a) Animal diagnostic laboratory service fees, including, but not limited to, biopsy,

necropsy, cytology, parasitology, virology, bacteriology, toxicology, and immunology,

shall be set by rule pursuant to § 43-1-703.

(b) The commissioner shall establish grading fees for livestock graded by employees or

agents of the department of agriculture by rule pursuant to § 43-1-703. The

livestock market where the animal was graded and sold shall be responsible for

payment of the fees to the department.

§ 44-8-101 Land in cultivation must be sufficiently fenced

Every planter shall make and keep a sufficient fence, of ordinarily sound and substantial

material, around the planter's land in cultivation, and so close, for at least two and one-

half feet (21/2') from the surface of the earth, as to prevent hogs large enough to do

damage from passing through the fence.

§ 44-8-102 Various materials constituting sufficient fencing -- rules

(a) The following types of fence are deemed sufficient:

(1) Stone. A substantial stone fence or wall, three and one-half feet (31/2') high;

(2) Plank and post and rail. A post and plank or post and rail fence four feet (4') high;

(3) Rail. A common worm or crooked rail fence five feet (5') high;

(4) Bank. Every bank or other means used as a fence, or part of a fence, equivalent,

as an obstruction to stock, to either of the three (3) classes of fence above named;

(5) Planks and wire. Any enclosure made by nailing fast two (2) sound planks, each

not less than six inches (6'') wide, to posts set firmly in the ground not more than

eight feet (8') apart, the bottom plank to be not more than three inches (3'') from the

ground, and the second plank from the ground not more than four inches (4'') from

the first; and then by stretching not less than four (4) strands of barbed wire tightly

between the posts above the planks, the topmost wire to be not less than four and

one-half feet (41/2') from the ground, and the bottom wire to be four inches (4'')

from the topmost plank; the next wire from the bottom one to be nine inches (9'')

from the topmost plank, and the third wire from the bottom to be twenty-one inches

(21'') from the topmost plank, the above distance as nearly as practicable;

(6) Osage orange. Bois d' arc or Osage orange fences, wholly of bois d' arc or Osage

orange, or in part of bois d' arc or Osage orange, and in part of wire or other

material, at least four feet (4') high, and at least eighteen inches (18'') across the

top and sufficiently close to prevent stock of all kinds from passing through; and

(7) Wire. Any enclosure made by nine (9) smooth, horizontal wires, the bottom and top

or first and ninth of which are to be standard number nine (9), and the other seven

(7) standard number eleven (11) wires; the first wire to be placed upon or very near

the ground; the second three and one-half inches (31/2'') from the first; the third

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three and one-half inches (31/2'') from the second; the fourth four inches (4'') from

the third; the fifth four inches (4'') from the fourth; the sixth six inches (6'') from the

fifth; the seventh eight inches (8'') from the sixth; the eighth ten inches (10'') from

the seventh; the ninth ten inches (10'') from the eighth. The vertical stays or pickets

are to be two feet (2') apart between the first or ground wire and the fifth, and from

the fifth to the top or ninth wire four feet (4') apart. The posts are to be one (1) rod

apart and well stayed at the ends of the fence, so as to keep the fence from

sagging.

(b) In addition to subsection (a), sufficient fencing shall include:

(1) A fence constructed from synthetic materials commonly sold for fencing, if such

materials are installed pursuant to generally acceptable standards, to confine or

restrict the movement of farm animals; and

(2) Systems or devices based on technology generally accepted as appropriate for the

confinement or restriction of farm animals.

fencing consistent with this part to provide greater specificity as to the requirements of

sufficient fencing. The absence of any such rule or regulation shall not affect the

validity or applicability of this section or any section of this part as such sections relate

to what constitutes sufficient fencing.

§ 44-8-103 Horses, cattle, and mules sufficiently fenced

The following shall be sufficient and be deemed a lawful fence only as to horses, cattle,

and mules: any enclosure made by stretching not less than five (5) strands of barbed

wire tightly between posts firmly set in the ground, or between growing trees and posts

firmly set in the ground, not more than twenty feet (20') apart; the topmost wire not less

than four and one-half feet (41/2') from the ground, the bottom wire not less than six

inches (6''), and the next to the bottom wire not less than fifteen inches (15'') from the

ground.

§ 44-8-104 Paling and wire fence lawful

The paling and wire fence is made a lawful fence; provided, that the fence is built upon

good-sized, substantial posts, set firmly in the ground, not more than twelve feet (12')

apart; and provided further, that there is firmly fastened upon these posts two (2) sets

double-strand wire, one (1) near the top, the other near the bottom, into which there is

woven substantial sawed or split palings, not less than three feet (3') long, with one (1)

barbed wire one foot (1') above the paling, or four feet (4') without the wire, and not

more than three inches (3'') apart; but nothing in this section shall be construed as

repealing any statute providing for lawful fences in this state.

§ 44-8-105 Three-wire, plank, or slat fence a lawful fence

In addition, the following shall also be a lawful fence: a fence built on good-sized,

substantial posts, set firmly in the ground not more than nine feet (9') apart. The fence

shall consist of three (3) barbed wires, or three (3) planks, or three (3) slats running

horizontally and fastened firmly to the posts, the first to be eighteen inches (18'') from

the ground, and the second and third eighteen inches (18'') from the first and second

respectively, counting from the center of each. The fence may consist entirely of wire

strands, or of planks or of slats; or it may be composed of a wire, plank, and slat.

§ 44-8-106 Damages for trespass – determination; recovery

(a) When any trespass has been committed by horses, cattle, hogs, goats, sheep, or

other stock upon the cleared and cultivated ground of any person having the livestock

fenced, as is described in §§ 44-8-101 -- 44-8-105, the person may complain to a

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judge of the court of general sessions of the county, who shall cause two (2) discreet

and impartial freeholders to be summoned, and with them shall view and examine, on

oath of the freeholders to do justice, whether the complainant's fence is a lawful fence,

and what damage, if any, the person has sustained by the trespass, and certify the

result of this view and examination under the hands and seals of the judge and

freeholders, which certificate the judge shall deliver to the complainant. The certificate

shall be prima facie evidence of the plaintiff's demand.

(b) The owner of the stock shall be entitled to a hearing, but, if not successful, shall make

full satisfaction for the trespass and damages to the party injured, to be recovered as

the damages and costs, subject to the right of appeal of either party. To secure the

payment of any judgment, execution may be levied upon the stock committing the

trespass; and after ten (10) days' notice the stock may be sold to satisfy the judgment

so recovered.

§ 44-8-107 Defense of insufficient of fence

If it appears that the fence is insufficient, the owner of the animals shall not be liable to

make satisfaction for the damages.

§ 44-8-108 Injury to animals from insufficient fence

If any person, whose fence is adjudged insufficient, maims, wounds, or kills any such

animal, or causes or procures it to be done, that person shall make full satisfaction to the

person injured for all damages sustained, to be recovered before any tribunal having

cognizance thereof.

§ 44-8-109 Notoriously mischievous stock to be confined

All persons owning notoriously mischievous stock, known to be in the habit of throwing

down or jumping fences, shall be required to keep the stock confined upon their own

premises.

§ 44-8-110 Liability of owners of notoriously mischievous stock

The owners of notoriously mischievous stock shall be liable for all damages done by the

stock to enclosure or crops of others.

§ 44-8-111 Stock liable to execution

(a) To secure the payment of such damage and costs, executions may be levied upon the

stock committing the trespass.

(b) After ten (10) days' notice, the stock may be sold to pay such amount of damages and

costs.

§ 44-8-112 Pulling and leaving down fence, or opening and leaving open gate, a

misdemeanor

Any person who pulls down the fence of another and leaves the same down, without

permission of the owner, or opens and leaves open the gate of another, without

permission of the owner, commits a Class C misdemeanor.

§ 44-8-201 Partition fence defined -- joining fences

Partition fences, within the meaning of this part, are fences erected on the line between

lands owned by different persons; but no owner of land is compelled to allow a neighbor

to join a fence exclusively on that person's own land.

§ 44-8-202 Fences to be erected and maintained at joint expense

Partition fences may be erected and repaired at the expense, jointly, of the occupants or

owners; or if a person makes a fence a partition fence, by joining to it or using it as such,

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that person shall pay to the person erecting it that person's proportion of the expense.

§ 44-8-203 Damages for failure to maintain fence

If either of the persons having a joint or partition fence refuses or neglects to keep that

person's part of the fence in good repair, that person shall be liable for all damages the

other may sustain to enclosures or crops, by trespassing stock, in consequence of the

refusal or neglect.

§ 44-8-204 Amount to pay for fence

If the parties cannot agree as to the amount to be paid to the owner erecting or repairing

a partition fence as provided in §§ 44-8-202 and 44-8-206, on application by either to a

judge of the court of general sessions, the judge shall issue an order to three (3)

disinterested freeholders, not related to either of the parties, to examine such fence, and

to ascertain the amount to be paid to the owner erecting or repairing it.

§ 44-8-205 Judgment and execution

The freeholders, first taking an oath before the judge to discharge their duty fairly and

impartially, on a day to be by them appointed, of which both parties shall have notice,

shall examine the fence, and report to the judge, in writing, the amount to be paid the

person erecting it; whereupon, unless the money be paid within ten (10) days thereafter,

the judge shall enter up judgment, subject to appeal, and issue execution for the

judgment.

§ 44-8-206 Rebuilding or repairing fences

The like proceedings may be had in cases where partition fences are rebuilt or repaired

by either of the joint proprietors, the jury of view being judges, in the first instance, of the

necessity or advisability of the improvement.

§ 44-8-207 Fees of court and fence reviewers

The court is entitled to fifty cents (50¢) for issuing the order, and the fence reviewers to

one dollar ($1.00) each, one half (1/2) of which is to be paid by each party; and, if not

paid within ten (10) days after the report, execution shall issue for such amount.

§ 44-8-208 Fences not removed without six months' notice

No partition fence, or any part of a partition fence, shall be removed without the mutual

consent of the owners, unless the party desiring to remove the fence, or part of the

fence, shall first give six (6) months' notice in writing to the other owner of the owner's

intention to remove the fence. After the expiration of the time of the notice, the party

may remove the fence, or part of the fence.

§ 44-8-209 Removing fence without notice a misdemeanor -- damages

Any person who removes a partition fence, or any part of a partition fence, without first

giving the notice required by § 44-8-208, commits a Class C misdemeanor, and is also

liable to the person injured for any damages sustained by reason of the removal.

§ 44-8-210 Disclaiming responsibility for fence erection -- definitions

(a) In cases when the property on one (1) side of an existing or proposed partition fence

is agricultural land, and the property on the other side is non-agricultural land, the

owner of the non-agricultural land may disclaim any responsibility for the erection or

maintenance of a partition fence pursuant to § 44-8-202. Such disclaimer shall be in

writing, executed by the non-agricultural land owner and mailed to the owner of the

agricultural land by registered mail, return receipt requested, or sent by some other

means pursuant to which a written verification of receipt is obtained. The disclaimer

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shall be effective on the date of receipt by the owner of the agricultural land.

(b) Delivery of the disclaimer as described in subsection (a) shall have the effect of:

(1) Relieving the owner of the non-agricultural land of any responsibility to erect or

maintain a partition fence pursuant to § 44-8-202; and

(2) Releasing the owner of the agricultural land from any claims by the owner of the

non-agricultural land arising out of the non-existence or condition of a partition

fence.

(1) "Agricultural land" has the same meaning as set forth in § 67-5-1004; and

(2) "Non-agricultural land" means land:

(A) That is not agricultural land;

(B) That is the site of a residence; and

(d)

(1) If property that meets the definition of non-agricultural land at the time of delivery

of a disclaimer as described in subsection (a) subsequently ceases to qualify as

non-agricultural land, then the disclaimer, and all effects of the disclaimer as

described in subsection (b), shall cease to be effective as of the date property

ceases to be non-agricultural property.

(2) If a fence is erected by the owner of agricultural land during a period when a

disclaimer as described in subsection (a) is in effect, and if the land owned by the

disclaiming party subsequently ceases to be qualified as non-agricultural land,

then the owner of the non-agricultural land shall reimburse the owner of the

agricultural land a proportionate share of the cost of erecting the fence. If the

parties cannot agree as to the amount to be paid to the owner of the agricultural

land, the process described in § 44-8-204 shall be applicable.

§ 44-8-301 Damages for failure to keep up fences, or for trespass

It is lawful for two (2) or more owners of adjoining farms to enclose the same under one

(1) common fence or enclosure, to be kept up to the standard of a lawful fence by each

owner upon that owner's own land, or in such manner and proportion as the owners may

agree upon in writing. In the absence of an agreement, the owner of any of the land

embraced in the common fence shall be liable to the owners of the other lands and their

tenants for all damages to their lands, pastures, fruit trees, crops, or vegetables,

occasioned by the failure or neglect of the other owner to keep and maintain the common

fence on that owner's land up to the standard of a lawful fence, or by the owner's own

stock or that of the owner's tenants trespassing beyond the owner's own land within the

common enclosure.

§ 44-8-302 Common enclosure of lands under written agreements --

specifications

It is lawful to prescribe, in such an agreement, the means and method by which the

common enclosure shall be constructed and maintained, regulations for the use and

enjoyment by each owner of the lands embraced in the enclosure, the penalties to be

imposed upon each for violations and how the penalties shall be imposed, the mode of

assessment of damages occasioned by trespassing stock of the parties to the

agreement, and the length of time it shall continue in force. The agreement may also

provide for impounding, feeding, and caring for trespassing stock of the parties to the

agreement found within the common enclosure, and for a lien upon trespassing stock to

secure the penalties and damages assessed against the owner on that account, and for

the enforcement of the lien by sale. All such provisions, not in violation of any law, shall

be binding upon all parties to the agreement.

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§ 44-8-303 Enclosures - force and binding power of agreement

Any such agreement shall continue in force and be binding upon all the parties to the

agreement and their heirs and devisees, for the period prescribed in the agreement,

unless rescinded by mutual consent. The agreement may be modified or amended in

writing signed by all the parties, at any time. After the expiration of the period prescribed,

the agreement shall be deemed continued by unanimous consent, unless between

November 1 and January 1, some party to the agreement or the party's heir or devisee

gives notice in writing to all the other parties to the agreement, resident in the county, of

the party's intention to terminate the agreement, in which event the agreement shall

terminate at the expiration of ninety (90) days from the service of the notice.

§ 44-8-304 Enclosures - agreement if registered is binding on purchaser, his

heirs and assigns

(a) The agreement may be acknowledged and registered in the county or counties in

which the lands and any part of the lands are situated.

(b) In case of registration, the agreement shall be binding upon any purchaser of any of

the lands embraced in the common enclosure, and the purchaser's heirs and assigns,

in the same manner and to the same extent as if the purchaser had been an original

party to the agreement.

§ 44-8-305 Liability of persons not parties to agreement for trespass by stock

Any person not a party to the agreement whose stock trespasses upon the common

enclosure shall be liable to the injured party for all damages that the person sustains,

and the party so damaged has all the rights and liens given by law to persons damaged

by stock trespassing upon enclosures that are not common; provided, the common

enclosure is at the time a lawful enclosure or fence.

§ 44-8-401 Livestock not to run at large -- punishment

(a) It is unlawful for the owners of any livestock, as defined in § 43-1-114, to willfully allow

the livestock to run at large in this state.

(b) A violation of this section is a Class C misdemeanor.

§ 44-8-402 Lien for damages

For any damages occasioned by stock running at large in violation of § 44-8-401, the

person so damaged shall have a lien upon the stock, which lien shall be enforced by

attachment before a judge of the court of general sessions in the same manner and to

the same extent as other liens are enforced.

§ 44-8-408 Dogs not allowed at large – exception; penalties

(a) As used in this section, unless the context otherwise requires, "owner" means a

person who, at the time of the offense, regularly harbors, keeps or exercises control

over the dog, but does not include a person who, at the time of the offense, is

temporarily harboring, keeping or exercising control over the dog.

(b) The owner of a dog commits an offense if that dog goes uncontrolled by the owner

upon the premises of another without the consent of the owner of the premises or

other person authorized to give consent, or goes uncontrolled by the owner upon a

highway, public road, street or any other place open to the public generally.

(1) The dog was on a hunt or chase;

(2) The dog was on the way to or from a hunt or chase;

(3) The dog was guarding or driving stock or on the way to guard or drive stock;

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(4) The dog was being moved from one place to another by the owner of the dog;

(5) The dog is a police or military dog, the injury occurred during the course of the

dog's official duties and the person injured was a party to, a participant in

suspected of being a party to or participant in the act or conduct that prompted the

police or military to utilize the services of the dog;

(6) The violation of subsection (b) occurred while the injured person was on the

private property of the dog's owner with the intent to engage in unlawful activity

while on the property;

(7) The violation of subsection (b) occurred while the dog was protecting the dog's

owner or other innocent party from attack by the injured person or an animal

owned by the injured person;

(8) The violation of subsection (b) occurred while the dog was securely confined in a

kennel, crate or other enclosure; or

(9) The violation of subsection (b) occurred as a result of the injured person

disturbing, harassing, assaulting or otherwise provoking the dog.

(d) The exception to the application of this section provided in subdivisions (c)(1)-(4)

shall not apply unless the owner in violation of subsection (b) pays or tenders

payment for all damages caused by the dog to the injured party within thirty (30)

days of the damage being caused.

(e) It is not a defense to prosecution for a violation of subsection (b) and punished

pursuant to subdivision (g)(1), (g)(2) or (g)(3) that the dog owner exercised

reasonable care in attempting to confine or control the dog.

(f) It is an affirmative defense to prosecution for a violation of subsection (b) and

punished pursuant to subdivision (g)(4) or (g)(5) that the dog owner exercised

reasonable care in attempting to confine or control the dog.

(g)

(1) A violation of this section is a Class C misdemeanor punishable by fine only.

(2) A violation of this section is a Class B misdemeanor punishable by fine only if the

dog running at large causes damage to the property of another.

(3) A violation of this section is a Class A misdemeanor punishable by fine only if the

dog running at large causes bodily injury, as defined by § 39-11-106, to another.

(4) A violation of this section is a Class E felony if the dog running at large causes

serious bodily injury, as defined by § 39-11-106, to another.

(5) A violation of this section is a Class D felony if the dog running at large causes

the death of another.

(h) Notwithstanding subsection (g), a violation of this section shall be punished as

provided in subsection (i) if the violation involves:

(1) A dog that was trained to fight, attack or kill or had been used to fight; or

(2) The owner of the dog violating this section knew of the dangerous nature of the

dog and, prior to the violation of this section, the dog had bitten one (1) or more

people that resulted in serious bodily injury or death.

(i) A violation of this section, where one (1) or more of the factors set out in subsection

are present, shall be punished as follows:

(1) A Class C misdemeanor if the dog running at large does not cause property

damage, injury or death;

(2) A Class A misdemeanor if the dog running at large causes damage to the

property of another;

(3) A Class E felony if the dog running at large causes bodily injury to another;

(4) A Class D felony if the dog running at large causes serious bodily injury to

another; and

(5) A Class C felony if the dog running at large causes the death of another.

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(j)

(1) In addition to the authority granted by §§ 5-1-120, 6-2-201(30), 6-19-101(a)(31),

6-33-101, and 7-1-102, a local government may authorize by resolution or

ordinance, as applicable, an animal control agency to seize and take into custody

any dog found trespassing on the premises of another.

(2) For purposes of this subsection (j):

(A) “Animal control agency” means a county or municipal animal shelter, dog

pound, or animal control agency; private humane society; state, county, or

municipal law enforcement agency; or any combination thereof, that

temporarily houses stray, unwanted, or injured animals; and

(B) “Local government” means any county, municipality, city, or town.

§ 44-8-410 Bitches to be confined while proud

Every owner of a bitch is required to confine the same for twenty-four (24) days during

the time the bitch is proud.

§ 44-8-411 No liability for killing proud bitch at large

Any person crippling, killing, or in any way destroying a proud bitch that is running at

large shall not be held liable for the damages due to such killing or destruction.

§ 44-8-412 Violation of § 44-8-410 a misdemeanor

A violation of § 44-8-410 is a Class C misdemeanor.

§ 44-8-413 Civil liability for injury caused by dogs

(a)

(1) The owner of a dog has a duty to keep that dog under reasonable control at all

times, and to keep that dog from running at large. A person who breaches that duty

is subject to civil liability for any damages suffered by a person who is injured by the

dog while in a public place or lawfully in or on the private property of another.

(2) The owner may be held liable regardless of whether the dog has shown any

dangerous propensities or whether the dog's owner knew or should have known of

the dog's dangerous propensities.

(b) Subsection (a) shall not be construed to impose liability upon the owner of the dog if:

(1) The dog is a police or military dog, the injury occurred during the course of the

dog's official duties and the person injured was a party to, a participant in or

suspected of being a party to or participant in the act or conduct that prompted

the police or military to utilize the services of the dog;

(2) The injured person was trespassing upon the private, nonresidential property of

the dog's owner;

(3) The injury occurred while the dog was protecting the dog's owner or other

innocent party from attack by the injured person or a dog owned by the injured

person;

(4) The injury occurred while the dog was securely confined in a kennel, crate or

other enclosure; or

(5) The injury occurred as a result of the injured person enticing, disturbing,

alarming, harassing, or otherwise provoking the dog.

(c)

(1) If a dog causes damage to a person while the person is on residential, farm or

other noncommercial property, and the dog's owner is the owner of the property,

or is on the property by permission of the owner or as a lawful tenant or lessee, in

any civil action based upon such damages brought against the owner of the dog,

the claimant shall be required to establish that the dog's owner knew or should

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have known of the dog's dangerous propensities.

(2) The element of proof required by subdivision (c)(1) shall be in addition to any

other elements the claimant may be required to prove in order to establish a claim

under the prevailing Tennessee law of premises liability or comparative fault.

(d) The statute of limitations for an action brought pursuant to this section shall be the

same as provided in § 28-3-104, for personal injury actions.

(e) As used in this section, unless the context otherwise requires:

(1) “Owner” means a person who, at the time of the damage caused to another,

regularly harbors, keeps, or exercises control over the dog, but does not include a

person who, at the time of the damage, is temporarily harboring, keeping, or

exercising control over the dog; provided, however, that land ownership alone is

not enough to qualify a landowner as a regular harborer even if the landowner

gave permission to a third person to keep the dog on the land; and

(2) "Running at large" means a dog goes uncontrolled by the dog's owner upon the

premises of another without the consent of the owner of the premises, or other

person authorized to give consent, or goes uncontrolled by the owner upon a

highway, public road, street or any other place open to the public generally.

§ 44-10-202 Tennessee Livestock Dealer Act – part definitions

As used in this part, unless the context otherwise requires:

(1) "Alternative livestock" means non-traditional livestock that are hoofed and captive-

farmed for purposes of agricultural or recreational use, as defined by § 70-4-403(3);

(2) "Commissioner" means the commissioner of agriculture or the commissioner's

appointed agent;

(3) "Livestock" means cattle, calves, horses, mules, poultry, swine, sheep, goats, and

alternative livestock;

(4) "Livestock dealer" means any person who buys, receives or assembles livestock for

resale for that person's own account or that of another person more than nine (9) times

in any consecutive three-month period;

(5) "Livestock producer" means any person who sells only livestock such person has

raised or such person has owned and had in possession for a minimum of sixty (60)

days; and

(6) "Person" means an individual, partnership, corporation, association, or other legal

entity.

§ 44-10-203 Tennessee Livestock Dealer Act -- license required; fee

Any person doing business as a livestock dealer must procure from the commissioner

an annual license. Application for the annual license or its renewal shall be made on

forms provided by the commissioner and accompanied by payment of a license fee set

by rule pursuant to § 43-1-703. Upon a determination that the applicant is qualified, the

commissioner shall issue a license to the applicant, and all annual licenses shall

terminate and become void on June 30 in the calendar year following issuance of the

license or renewal.

§ 44-10-204 Tennessee Livestock Dealer Act -- powers and duties of

commissioner

The commissioner has the power and duty to:

(1) Promulgate such rules and regulations as the commissioner deems necessary to

implement and supplement this part and provide for its orderly administration;

(2) Prescribe necessary information to be provided by applicants for licenses to determine

if the requirements of this part have been met;

(3) Issue licenses to qualified applicants and collect appropriate fees;

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(4) Revoke or suspend the license of, or refuse to issue a license to, any person, licensee,

or applicant who violates any provision of this part; and

(5) Require the necessary record keeping by licensees and submission of written reports,

as warranted, in order to carry out the provision and intent of this part.

§ 44-10-205 Tennessee Livestock Dealer Act --license revocation or suspension;

hearing; review

(a) In the event the commissioner has reason to believe a licensee has violated any of the

provisions of this part, including the rules and regulations promulgated under this part,

the commissioner shall conduct a hearing, pursuant to the Uniform Administrative

Procedures Act, compiled in title 4, chapter 5, part 3, to determine if the license shall

be suspended or revoked.

(b) The commissioner has the power to subpoena any persons or record incident to the

hearing, and a charge of contumacy may be filed for those who refuse to comply; and

the commissioner may administer oaths to those giving evidence. A court reporter

shall be in attendance.

(1) Permanently revoke the license;

(2) Temporarily revoke the license; or

(3) Suspend the license for a definite period of time.

(d) The action of the commissioner may be reviewed by common law writ of certiorari to

the chancery or circuit court of the county of the licensee who is the subject of the

commissioner's action, and the petition shall be filed within ten (10) days from the date

of the commissioner's order. Upon the grant of the writ of certiorari, the commissioner

shall certify to the court a complete transcript of the proceedings instituted before the

commissioner. This certified transcript shall constitute the whole record, and no

additional proof or evidence shall be considered by the chancery court of Davidson

County.

(e) The decision of the commissioner shall remain final until modified by the commissioner

or by the courts.

§ 44-10-206 Tennessee Livestock Dealer Act -- prohibited acts

The following actions are prohibited:

(1) Any person acting as a livestock dealer without a valid license issued by the

commissioner;

(2) Failure to maintain records as required by the commissioner, including the names and

addresses of sellers and buyers of livestock;

(3) Failure to provide access to all records required of such licensee by the commissioner;

(4) Buying or selling livestock under an assumed name or address. All livestock sales

shall be evidenced by a written bona fide name and address of buyer and seller;

(5) Violation of any valid rule, regulation or statute governing livestock disease control;

(6) Failure to make payment to a buyer or seller, or making such payment with insufficient

funds; and

(7) Failure to keep current bond requirements pursuant to 9 C.F.R. § 201, et seq.

§ 44-10-207 Tennessee Livestock Dealer Act – exemptions from law

This part shall not apply to any livestock producer who may occasionally buy or sell

livestock in connection with that person's farming operations.

§ 44-10-208 Tennessee Livestock Dealer Act -- penalty for violations

To operate as a livestock dealer without a valid license, or otherwise violate this part, is

a Class A misdemeanor.

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§ 44-10-209 Tennessee Livestock Dealer Act -- enjoining violations of law

The commissioner, on determining that any person may have violated any provision of

this part, may petition for injunctive relief from further violation. The petition should be

addressed to the chancery court in the county in which the offense occurred or in which

the offender's principal place of business is located or where the offender is doing

business or resides. The chancellor, on determining that probable cause of a violation of

this part exists, shall issue appropriate injunctive relief.

§ 44-11-101 Livestock sales – chapter definitions

As used in this chapter, unless the context otherwise requires:

(1) "Alternative livestock" means non-traditional livestock that are hoofed and captive-

farmed for purposes of agricultural or recreational use, as defined by § 70-4-403(3);

(2) "Breed association" means a bona fide livestock breed association which conducts

sales of livestock breeds recognized by the department in which such association

assumes responsibility for conducting the sales, assumes title to any livestock sold,

and accrues a majority of profits from the sales;

(3) "Commissioner" means the commissioner of agriculture;

(4) "Consignor" means any person consigning, shipping, or delivering livestock to a

livestock market for sale, resale, or exchange;

(5) "Department" means the department of agriculture;

(6) "Livestock" means cattle, calves, horses, mules, poultry, swine, sheep, goats, and

alternative livestock;

(7) "Livestock market" means any location where livestock is assembled and sold at

public auction, on a commission basis, or otherwise for the compensation of the

owner or operator, during regularly scheduled or special sales;

(8) "Livestock producer" means any person who sells only livestock such person has

raised or such person has owned and had in possession for a minimum of sixty (60)

days;

(9) "Operator" means any person conducting business as a livestock market;

(10) "Person" means any person, firm, or corporation; and

(11) "Representative" means an employee or designee of the commissioner.

§ 44-11-102 Livestock sales -- license required; application

(a) No person shall conduct the business of a livestock market without a valid license from

the department.

(1) The application for a license shall be on forms prescribed and furnished by the

department, and shall include:

(A) The name, address and phone number of the livestock market operator;

(B) The location and description of the establishment or property where the

livestock market is to be conducted;

(D) A copy of property and fire insurance for the livestock market;

(E) Proof the applicant has met the bonding requirements of 9 C.F.R. 201, et seq.;

and

(F) Such other information as the commissioner may require.

(2) All applications shall be accompanied by the license fee required by § 44-11-104.

(b) This chapter shall not be construed to include as a livestock market the following:

(1) Any operation where Future Farmers, 4-H Club groups, or fairs conduct sales of

livestock; or

(2) Any livestock producer or breed association as defined by § 44-11-101.

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§ 44-11-103 Local regulation or prohibition of exhibition of livestock restricted

(a) As used in this section:

(1) “Exhibition of livestock” means a show or sale of livestock at a fair or elsewhere

that is sponsored by or under the control of a county or independent agricultural

society, school, university, breed association, fair association, or similar

organization; and

(2) “Local governing body” means the legislative body of a city, municipality, county, or

other political subdivision of this state.

(b) No local governing body shall adopt or continue in effect any ordinance, resolution,

rule, regulation, or other enactment regulating or prohibiting the exhibition of livestock

in this state.

enactment regarding the exhibition of livestock in this state, when such enactment is

otherwise authorized by state law or is related to reasonable restrictions regarding

time, place, and manner consistent with other similar events or the protection of public

health, safety, or welfare.

§ 44-11-104 Livestock sales -- issuance of license; fee

(a) The annual license fee to operate a livestock market shall be set by rule pursuant to

§43-1-703.

(b) Upon receipt of an application for a license under this section, accompanied by the

required bond and license fee, the department shall examine the application and if it

finds the application to be in proper form and that the applicant has otherwise

complied with this chapter, the department shall grant the license as applied for,

subject to this chapter.

§ 44-11-105 Livestock sales -- form of licenses; display; renewal

(a) A separate license shall be required for each establishment or premises where a

livestock market is operated or conducted. The original, or a certified copy of the

license hereunder, shall be conspicuously displayed by the licensee in the sale ring or

some other like prominent place in the establishment or premises licensed.

(b) Licenses shall expire on June 30 of each year and shall be renewed annually upon like

application and procedure as in the case of the original license.

§ 44-11-106 Livestock sales -- refusal to grant or renew license; suspension or

revocation; grounds; notice and hearing; review

(a) The commissioner may decline to grant or to renew a license, or may suspend or

revoke a license upon the following grounds:

(1) The licensee has violated any provision of this chapter or any rule, order, or

regulation issued under this chapter;

(2) The licensee has knowingly received on consignment or sold or exchanged stolen

livestock or mortgaged livestock without authority from the owner or mortgagee;

(3) The licensee has been guilty of misrepresentation, deception, or fraud in any

material particular in securing the license;

(4) The licensee has failed to keep records as required by this chapter;

(5) The licensee has failed to practice measures of sanitation and has failed to provide

for the adequate yarding, housing, holding, and feeding of livestock;

(6) The licensee, in the case of livestock weighed on the licensee's scales and sold by

weight, has knowingly quoted incorrect weights or has failed to have the scales

regularly inspected and tested;

(7) [Deleted by 2010 amendment.]

(8) The licensee has engaged in any illegal activity on the premises where the

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community sale is located, the business violates the zoning regulations of any

county, municipal, or regional planning commission, or the licensee has failed to

comply with such rules and regulations as have been duly adopted in accordance

with this chapter;

(9) The licensee has failed to comply with the Beef Promotion and Research Act of

1985, compiled in 7 U.S.C. §§ 2901-2911, or the Agriculture Commodities

Promotion Act, compiled in § 43-29-101 et seq.;

(10) The licensee has failed to make payment after a sale or has made payment with

insufficient funds to consigners for livestock sold through the market; or

(11) The licensee has been determined to be insolvent by the commissioner.

(b) When any of the foregoing have not been fully complied with, or if there has been a

violation of this chapter, the commissioner may give notice to the applicant for a

license, or a holder of a license, that the commissioner will conduct a hearing for the

purpose of determining whether the commissioner should decline to grant, renew, or

suspend or revoke a license pursuant to the Uniform Administrative Procedures Act,

compiled in title 4, chapter 5, part 3. The findings of the commissioner shall be final,

and may be reviewed in the chancery court of Davidson County, by the common law

writ of certiorari. When zoning is the question involved, the commissioner shall notify

the applicant or holder of the license of the violation, and the applicant or holder shall

then have only the rights granted in the zoning ordinance or regulation relative to a

hearing and appeal, and shall prosecute the application for a hearing and appeal

solely under the particular local zoning ordinance or regulation.

§ 44-11-107 Livestock sales – sale of livestock; regulations governing;

inspection; diseased animals

Each livestock market may be under the direct supervision of a representative of the

department. Except as otherwise provided in this chapter, no livestock known to be

infected with or known to have been exposed to any contagious, infectious or

communicable animal disease or infestation shall be consigned to or sold through any

livestock market. The representative may inspect all livestock that is offered for sale and

may prohibit the movement of any animals that in the representative's opinion are

diseased or that are likely to be carriers of disease, until final inspection is made by a

qualified, accredited veterinarian, as to their condition. If, upon examination, an

infectious, contagious or communicable disease or infestation is found, such animals

may be sold only for immediate slaughter to a recognized slaughterer where veterinary

inspection is maintained; or, the owner may, upon submission of an affidavit of

ownership for at least sixty (60) days prior to sale date, return them to the original

premises, where a strict quarantine must be maintained. The representative shall also

issue or cause to be issued all necessary quarantines for such animals as are sold for

immediate slaughter or are returned to the original premises. A copy of the quarantine

shall be sent to the state veterinarian immediately following issuance, and instructions

given the owner that the truck moving the quarantined animals to slaughter or returning

them to the original premises must be cleaned and disinfected before being used again

to transport livestock. The representative shall supervise the cleaning and disinfecting of

the yards and pens at such time as may be necessary, using only those disinfectants

approved by the animal disease eradication branch of the agricultural research service of

the United States department of agriculture.

§ 44-11-108 Livestock sales – records of operator

(a) Each operator of a livestock market shall keep the following records for each lot of

livestock consigned to or sold through such livestock market, namely:

(1) The name and address of the consignor;

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(2)

(A) A description of the livestock which shall include ear tag number or back tag

number, or animal descriptors such as livestock sex, color, marking, or weight;

and

(B) The date the livestock was received and sold;

(3) The name and address of the purchaser of the livestock; and

(4) The price for which the livestock was sold or exchanged and the commission or

other fees charged by the livestock market, including such inspection fees as are

required hereunder.

(b) These records shall be kept by the operator of a livestock market at the establishment

or premises where the sale is held and conducted or such other convenient place as

may be approved by the department. They shall be open for inspection by all officers

or inspectors charged with the enforcement of this law, and they shall be preserved

and retained for a period of at least two (2) years.

§ 44-11-109 Livestock sales – sale or traffic in livestock on public property near

licensed premises unlawful

It is unlawful to sell, or offer to sell, to buy, or offer to buy, livestock within two thousand

(2,000) feet of a licensed livestock market property.

§ 44-11-110 Livestock sales – administration; personnel

(a) The state veterinarian shall administer this chapter.

(b) The state veterinarian is authorized to employ a chief inspector and shall have one (1)

inspector assigned to work in each grand division of the state. In addition, the state

veterinarian may employ part-time inspectors who may be assigned in particular

localities or at particular community sales.

§ 44-11-111 Livestock sales – license fees used in administration of chapter

The license fees collected under this chapter shall be devoted exclusively to its

administration and shall be kept in a separate account by the state treasurer, and no part

of the fees collected under this chapter shall at any time become a part of the general

fund of the state.

§ 44-11-112 Livestock sales – rules and regulations

The department may make reasonable rules and regulations for carrying out this

chapter.

§ 44-11-113 Livestock sales – inspections authorized

For the purpose of carrying out this chapter and making inspections under this chapter,

the commissioner or the commissioner's duly authorized representative has the right to

enter the establishment or premises where any community sale is held and to inspect its

records at all times.

§ 44-11-114 Livestock sales – certain businesses excepted

This chapter shall not apply to the business of buying or assembling livestock for the

purpose of prompt shipment to or slaughter in any livestock market or packing house

where veterinary inspection is regularly maintained under the animal disease

eradication branch of the agricultural research services, United States department of

agriculture.

§ 44-11-115 Livestock sales – violations of chapter; penalty

Any livestock operator, or any person who engages in business as a livestock market

without a license, as herein required, or who violates any of the provisions of this

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chapter, or any rules and regulations lawfully issued hereunder, commits a Class A

misdemeanor.

§ 44-11-116 Livestock sales – injunction

Whenever it appears to the commissioner that any person has engaged or is about to

engage in any act or practice constituting a violation of any provision of this chapter or

any rule hereunder, the commissioner may, in the commissioner's discretion, bring an

action in the chancery court of any county in this state to enjoin the acts or practices

and to enforce compliance with this chapter or any rule hereunder.

§ 44-14-102 Sheep Producers' Indemnity Law – chapter definitions

(a) As used in this chapter, unless the context otherwise requires:

(1) "Association" means any association or corporation organized under this chapter;

(2) "Member" includes bona fide sheep producers who meet the requirements of

associations organized under this chapter; and

(3) "Person" includes an individual, firm, partnership, corporation and association.

(b) Associations organized hereunder shall be deemed "nonprofit," inasmuch as they are

not organized to make profit for themselves, as such, or for their members, as such,

but only for their members as producers.

§ 44-14-103 Sheep Producers' Indemnity Law – who may organize

Five (5) or more persons, a majority of whom are residents of this state, engaged in the

production of sheep, may form a nonprofit cooperative protective association, without

capital stock under this chapter.

§ 44-14-104 Sheep Producers' Indemnity Law – powers and limitations of

association

Each association organized hereunder has the following powers and limitations:

(1) Indemnity Limited. The indemnity allowed shall in no instance exceed the value of

the animal;

(2) Losses Prior to Membership. The association shall not protect the member from

losses occurring prior to membership in the association;

(3) Losses While Member in Arrears. The association shall not indemnify a member for

losses sustained while the member is in arrears in payment of membership fees, but

the member shall be considered to be suspended and without protection until the

fees are paid, but shall continue to be liable for all fees due the association;

(4) Loss Caused by Design of Assured. The association shall not be responsible for any

loss caused by the design of the assured;

(5) Liability for Assessment. No member shall be liable for assessments to pay losses

and expenses accruing previous to the time of the member's membership in the

association, nor for losses and expenses accruing after membership ceases;

(6) Joint or Concurrent Indemnity. In all cases of other indemnity against loss by dogs

upon the sheep protected in the association, whether prior or subsequent to the date

of protection in the association, in the event of loss by dogs, the member will not be

entitled to recover on the indemnity in the association any greater portion of the loss

sustained than the indemnity in the association shall bear to the whole amount of

indemnity on the sheep;

(7) Must Cover All Sheep. The member shall schedule for indemnity all the sheep that

the member owns within the territory of the association that are one (1) year of age

and over. Lambs produced from ewes insured in the association shall be protected

according to the schedule of indemnity payments until one (1) year of age, so long

as ownership does not change, without the payment of any fees;

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(8) Funds. If, at the end of the fiscal year, there are sufficient funds above and beyond

those to be expended for indemnity claims, a reasonable reserve fund shall be set

aside; then, if there are still additional funds, the remainder shall be credited to the

members pro rata (on a basis as paid into the association) on the ensuing year's

fees. If there are not sufficient funds from the fees collected that are available at the

end of the fiscal year to pay the indemnity claims as approved in full, then all

indemnity payments shall be reduced pro rata;

(9) Term of Indemnity. All indemnity shall date from the date of issuance of certificate

of membership. This indemnity ceases at midnight Central Standard Time (12:00

CST) of the last day of the fiscal year;

(10) Renewal of Indemnity. Indemnity shall be renewed only when the member pays all

protective fees and otherwise fulfills all requirements as stipulated in the bylaws;

(11) Liability of the Association. The association shall in no instance be liable for loss

from other causes than death of sheep caused by dogs;

(12) Cancellation of Membership. A member may, at any time upon written request to

the secretary and the payment of all valid claims against the member, have the

member's membership in the association cancelled;

(13) Cancellation of Indemnity. The association may, upon five (5) days' notice, for

any cause deemed sufficient by the board of directors or its representatives,

cancel the indemnity of any member or any part thereof; and

(14) Additional Powers. The association has the power to:

(A) Do each and everything necessary, suitable or proper for the accomplishment of

any one (1) of the purposes or the attainment of any one (1) of the subjects

herein enumerated, or conducive to or expedient for the interest or benefit of the

association, and to contract accordingly;

(B) Exercise and possess all powers, rights and privileges necessary or incidental to

the purposes for which the association is organized or to the activities in which it

is engaged; and

other corporations, except such as are inconsistent with the express provisions

of this chapter.

§ 44-14-105 Sheep Producers' Indemnity Law – members

(a) Under the terms and conditions prescribed in the bylaws adopted by it, the association

may admit as members only persons engaged in the production of sheep, including

the lessees and tenants of land used for the production of sheep, and any lessors and

landlords who receive as rent all or any part of the sheep, or returns therefrom, raised

on the leased premises.

(b) If a member of the association is other than a natural person, the member may be

represented by any individual, associate officer or manager or member thereof, duly

authorized in writing.

§ 44-14-106 Sheep Producers' Indemnity Law – articles of incorporation

(a) Each association formed under this chapter must prepare and file articles of

incorporation setting forth:

(1) The name of the association;

(2) The purpose for which it is formed;

(3) The place where its principal business will be transacted;

(4) The term for which it is to exist, not exceeding fifty (50) years; and

(5)

(A) The number of directors of the association, which must be not less than five (5)

and may be any number in excess of five (5);

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(B) The term of office of such directors; and

for the first term, and/or until the election and qualification of their successors.

(b) The articles must be subscribed by the incorporators and acknowledged before an

officer authorized by the law of this state to take and certify acknowledgments of

deeds and conveyances, and shall be filed in accordance with the general

incorporation laws of this state.

§ 44-14-107 Sheep Producers' Indemnity Law –amendments to articles of

incorporation

The articles of incorporation may be altered or amended at any regular meeting or any

special meeting called for that purpose. An amendment must first be approved by two

thirds (2/3) of the directors and then be adopted by a vote representing a majority of all

the members of the association. Amendments to the articles of incorporation, when so

adopted, shall be filed in accordance with the general corporation laws of this state.

§ 44-14-108 Sheep Producers' Indemnity Law – bylaws

(a) Each association incorporated under this chapter must, within thirty (30) days after its

incorporation, adopt for its government and management, a code of bylaws not

inconsistent with the powers granted under this chapter. A majority vote of the

members, or their written assent, is necessary to adopt bylaws.

(b) Each association, under its bylaws, may provide for any or all of the following matters:

(1) The number of members constituting a quorum;

(2) The right of members to vote by proxy or by mail, or both; and the conditions,

manner, form and effects of such votes;

(3) The number of directors constituting a quorum;

(4) The qualifications, compensation, duties, term of office of directors and officers; the

time of their election and mode and manner of giving notice thereof;

(5) Penalties for violations of the bylaws;

(6) The amount of entrance, organization and membership fees, if any; the manner and

method of collection of the same; and the purpose for which they may be used;

(7) The amount that each member shall be required to pay annually or from time to

time, if at all, to carry on the business of the association; the charge, if any, to be

paid by each member for service rendered by the association to that member and

the time of payment and manner of collection; and

(8) The number and qualification of members of the association and the conditions

precedent to membership; the method, time, and manner of permitting members to

withdraw; the manner of assignment and transfer of the interest of members; the

conditions upon which and the time when the membership of any member shall

cease; the automatic suspension of the rights of a member when the member

ceases to be eligible to membership in the association; the mode, manner and

effect of the expulsion of a member; the manner of determining the value of a

member's interest and provision for its purchase by the association upon the death

or withdrawal of the member, or upon the expulsion of a member for forfeiture of

membership, or, at the option of the association, the purchase of the member's

interest at a price fixed by conclusive appraisal of the board of directors. In case of

the withdrawal or expulsion of a member, the board of directors shall equitably and

conclusively appraise the member's property and property interests in the

association and fix the amount of the property and property interests in money,

which shall be paid to the member within one (1) year after expulsion.

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§ 44-14-109 Sheep Producers' Indemnity Law – general and special meetings;

calling notice

In its bylaws, each association shall provide for one (1) or more regular meetings each

year.

The board of directors shall have the right to call a special meeting at any time; and ten

percent (10%) of the members may file a petition stating the specific business to be

brought before the association and demand a special meeting at any time.

Such meetings must thereupon be called by the directors. Notice of all meetings, together

with a statement of the purposes thereof, shall be mailed to each member at least ten (10)

days prior to the meeting; provided, that the bylaws may require instead that such notice

may be given by publication in a newspaper of general circulation, published at the

principal place of business of the association.

§ 44-14-110 Sheep Producers' Indemnity Law – directors; election;

compensation; vacancies

(a) The affairs of the association shall be managed by a board of not less than five (5)

directors elected by the members from their own number. The bylaws may provide

that one (1) or more additional directors may be appointed by any public official or

commission or by the other directors selected by the members or their delegates.

The additional directors shall represent primarily the interest of the general public in

such associations. The directors so appointed need not be members of the

association, but shall have the same powers and rights as other directors. These

directors shall not number more than one fifth (1/5) of the entire number of directors.

(b) An association may provide a fair remuneration for the time actually spent by its

officers and directors in its service and for the service of the members of its

executive committee.

except that of president and secretary at a regular salary or substantially full-time

pay.

(d) The bylaws may provide for an executive committee and may allot to the committee

all the functions and powers of the board, subject to the general direction and control

of the board.

(e) When a vacancy on the board occurs other than by expiration of term, the remaining

members of the board, by a majority vote, shall fill the vacancy.

§ 44-14-111 Sheep Producers' Indemnity Law – election of officers

The directors shall elect from their number a president and one (1) or more vice

presidents. They shall also elect a secretary and a treasurer, who need not be directors

or members of the association; and they may combine the two (2) latter offices and

designate the combined office as secretary-treasurer, or unite both functions and titles in

one person. The treasurer may be a bank or any depository, and as such, shall not be

considered as an officer, but as an agency of the board. In such case, the secretary

shall perform the usual accounting duties of the treasurer, except that the funds shall be

deposited only as and where authorized by the board.

§ 44-14-112 Sheep Producers' Indemnity Law – bonding officers, employees, and

agents

Every officer, employee and agent handling funds or negotiable instruments or property

of or for any association created under this chapter shall be required to execute and

deliver a bond for the faithful performance of that person's duties and obligations.

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§ 44-14-113 Sheep Producers' Indemnity Law – membership certification; issuance;

voting; liability

(a) When a member of an association has paid the membership fee in full, and has also

paid the prescribed protective fees, the member shall receive a certificate of

membership. The promissory notes of the members may be accepted by the

association as full or partial payment of fees.

(b) No member shall be liable for the debts of the association to an amount exceeding the

sum remaining unpaid on the membership fee or the prescribed protective fees,

including any unpaid balance on any promissory notes given in payment of such fees.

sheep owned by such member.

§ 44-14-114 Sheep Producers' Indemnity Law – removal of officer or director

Any member may bring charges against an officer or director by filing them in writing with

the secretary of the association, together with a petition signed by five percent (5%) of

the members, requesting the removal of the officer or director in question. The removal

shall be voted upon at the next regular or special meeting of the association and, by a

vote of a majority of the members, the association may remove the officer or director and

fill the vacancy. The officer or director, against whom such charges have been brought,

shall be informed in writing of the charges previous to the meeting and shall have an

opportunity at the meeting to be heard in person or by counsel and to present witnesses;

and the person or persons bringing the charges against the officer or director shall have

the same opportunity.

§ 44-14-115 Sheep Producers' Indemnity Law -- annual reports

Each association formed under this chapter shall prepare and make out an annual

report on forms to be furnished by the commissioner of commerce and insurance,

containing:

(1) The name of the association;

(2) Its principal place of business;

(3) A general statement of its business operations during the fiscal year, showing the

number of members, amount of membership fees received, and the amount of

prescribed protective fees received;

(4) The total expenses of operations;

(5) The amount of its indebtedness or liability;

(6) Its balance sheets; and

(7) Such other information as may be required by the commissioner.

§ 44-14-116 Sheep Producers' Indemnity Law -- conflicting laws not to apply

Any provisions of law that are in conflict with this chapter shall be construed as not

applying to the associations provided for in this chapter.

§ 44-14-117 Sheep Producers' Indemnity Law – application of general corporation

laws

(a) The general corporation laws of this state, and the powers and rights under those

laws, shall apply to the associations organized under this chapter, except where

those provisions are in conflict with or inconsistent with the express provisions of this

chapter.

(b) None of the provisions of the general insurance laws of the state shall apply to any

association or corporation organized under this chapter, except that the department of

commerce and insurance shall act in a supervisory capacity and shall be authorized to

make an inspection and investigation of the associations' or corporations' books and

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activities, and may require any reports from the associations or corporations that, in

the judgment of the commissioner, are deemed to the best interest of the public.

§ 44-14-118 Sheep Producers' Indemnity Law -- filing fees

For filing articles of incorporation an association organized under this chapter shall pay

five dollars ($5.00); and for filing an amendment to the articles, two dollars ($2.00).

§ 44-15-101 Title – Purpose

(a) This chapter shall be known and may be cited as the "Tennessee Apiary Act of 1995."

(b) Honeybees are kept in beehives by beekeepers throughout the state, and many

colonies of feral honeybees have established nests in hollow trees and in walls of

buildings. These honeybees perform a pollination function that is essential to the

propagation of many species of flowering plants in Tennessee. These flowering plants

include many agricultural crops, wildflowers, and forest plants that are of great

importance to all Tennesseans, and the honeybees are the major pollinator for most of

these plants. Therefore, the state should take appropriate actions to help assure the

continued availability of an adequate population of honeybee pollinators. Honeybees,

like other animal species, are afflicted by a variety of contagious diseases and pests

that can cause serious population reductions. The natural behavior of honeybees

cause them to be interactive with bees from other colonies and therefore vulnerable to

transmission of some diseases and pests. Therefore, persons involved in the keeping

of bees in a given area can engage in beekeeping practices that will have a real and

direct impact on the honeybees and beekeeping in surrounding areas. This chapter

enables and provides for the development of regulatory programs for beekeeping

activities in the state as may be needed to help protect honeybees from diseases,

pests, and other threats that could seriously reduce the availability of the honeybee

pollinators.

§ 44-15-102 Chapter definitions

As used in this chapter, unless the context otherwise requires:

(1) "Abandoned apiaries" means an apiary that has not been subjected to at least the

minimal beekeeping practices necessary to maintain the bees in a healthy,

productive, and safe condition so that the honeybees and beekeepers in

surrounding areas will not be adversely affected;

(2) "Advisory committee" or "ATAC" means the apicultural technical advisory

committee that is established pursuant to this chapter;

(3) "Apiary" means a collection of one (1) or more colonies of bees in beehives at a

location. A building or room in a building is considered to be the location of an

apiary only if one (1) or more beehives containing colonies of honeybees are

housed within that building;

(4) "Apiary inspectors" means those persons with relevant qualifications and

beekeeping training who are employed by or working under contract with the

department of agriculture for the purpose of implementing regulatory programs as

directed by the state apiarist;

(5) "Appliances" means any apparatus, tools, machines or other devices used in

handling and manipulating bees, honey, and wax that may be used in an apiary, or

in transporting bees and their products and apiary supplies;

(6) "Bee disease or pest" means a condition in which a colony is infested/infected with a

bacterial, fungal, viral, or parasitic condition or an organism that can or will affect the

well-being of a colony;

(7) "Beekeeper" means any individual, association, corporation, or other entity who

deliberately provides nesting sites for colonies of honeybees and attempts to

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establish and maintain colonies of honeybees at any location;

(8) "Bees" or "honeybees" means any developmental stage of any sub- species of the

species Apis mellifem;

(9) "Certification" means a voluntary training program approved by the department that

when successfully completed authorizes the beekeeper to detect, identify, and

control regulated bee diseases and pests in colonies under the management of that

beekeeper;

(10) "Certified beekeeper" means any person who has successfully met the

requirements of a voluntary certification program for beekeepers as approved by the

state apiarist;

(11) "Colony" means all of the bees living together as one (1) social unit and may

include the bee equipment in which the bees are living;

(12) "Commissioner" means the commissioner of agriculture or the

commissioner's designated agent;

(13) "Department" means the Tennessee department of agriculture;

(14) "Feral bees" means those honeybees not kept in a beehive provided by a

beekeeper and whose nest sites are usually located in a cavity within a tree or a

building;

(15) "Hive" or "beehive" means that container or structure used by a beekeeper to

provide a cavity in which a colony of bees is expected to establish a permanent nest;

(16) "Registered apiary" means an apiary location that has been properly

registered with the department as required by this chapter;

(17) "Registered beekeeper" means a beekeeper whose apiaries are properly

registered with the department;

(18) "Regulated bee disease" or "regulated pest" means a bee disease or pest that

presents a significant threat to the population of honeybees and for which regulatory

actions can be taken to mitigate that threat; and

(19) "State apiarist" means that person employed by the department who has the

qualifications prescribed by this chapter and has been designated as state apiarist

by the commissioner.

§ 44-15-103 State apiarist

(a)

(1) The commissioner shall appoint a state apiarist, subject to any applicable rules or

qualifications established by the department of human resources. The state

apiarist is responsible for the apiary work of the department of agriculture and, with

the necessary assistants, is charged with the duty of enforcing this chapter. The

person designated as state apiarist shall have, as a minimum, a college degree in

one (1) of the biological sciences and a minimum of five (5) years apiary

experience.

(2) The state apiarist is responsible for developing, implementing, and administering

the apiary program needed to satisfy the objectives and provisions of this chapter,

and shall have the duty of enforcing those rules and regulations promulgated

pursuant to this chapter.

(b) The commissioner may appoint, in accordance with any applicable personnel rules

and regulations, such assistants, apiary inspectors, and other employees as may be

required, and to prescribe their duties; to delegate to apiary inspectors and other

employees such powers and authority as may be deemed proper within the limits of

the power and authority conferred upon the commissioner by this chapter.

may conduct training programs for beekeeping on topics related to prevention,

detection, and control of bee diseases and pests and other topics that will help

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beekeepers maintain needed populations of honeybees. The literature and training

programs may be developed and conducted in cooperation with the extension

apiculturist at the University of Tennessee.

(d) The state apiarist and all apiary inspectors may own colonies of bees and engage in

beekeeping activities on their own time, and their beekeeping activities will be

subject to the same rules and regulations as applied to all other beekeepers. The

department shall not prohibit such activities but may develop guidelines to avoid

interference with work responsibilities and to prevent conflicts of interest.

§ 44-15-104 Cooperative agreements

The commissioner is authorized to enter into cooperative agreements and/or grants with

any person, municipality, county and other departments of this state, and boards, officials

and authorities of other states and the United States for inspection with reference to

infectious and contagious diseases and regulated pests of honeybees, and for their

control and eradication.

§ 44-15-105 Registration of apiaries

(a) Every beekeeper owning one (1) or more colonies of bees shall register each apiary

location by January 1, 1996, and every three (3) years thereafter. Upon establishment

of a new apiary location, it is the duty of the owners or operators of the apiary to

moving bees into the state shall register all apiary locations within thirty (30) days from

the date of the establishment of each apiary.

(b) If an unregistered apiary is found, the state apiarist or any apiary inspector shall make

a reasonable effort to locate the owner of the bees and notify the beekeeper by means

of a registered letter of the registration requirements and the consequences of

noncompliance.

apiaries a unique registration number that will be used for apiary identification

purposes.

§ 44-15-106 Moveable frames

Each beekeeper is required to provide moveable frames in all hives used by that

beekeeper to contain bees, so that any such frame can be removed from the hive and

inspected for any regulated diseases and pests. Any beekeeper having a colony of bees

living in any beehive or other container that does not have moveable frames may be

ordered by the state apiarist to transfer the bees into a hive with moveable frames within

a specified period of time. If the beekeeper does not make the transfer within the

specified time period, the state apiarist shall have the authority to confiscate the bees and

hive or hives.

§ 44-15-107 Inspection program

The state apiarist, assisted by the apiary inspectors identified in this chapter, has the

authority and responsibility to establish and implement a program for inspection of

apiaries throughout the state for the purpose of detecting regulated bee diseases and

pests and for implementing control measures as needed to minimize the adverse impacts

of those diseases and pests on the honeybee population in the state. The apiary

inspection program will be conducted in accordance with standard procedures that are

developed by the state apiarist. The state apiarist may require or supervise the treatment,

destruction, or disposition of diseased bees or contaminated bee equipment or bee

supplies in accordance with rules and regulations promulgated under the authority of this

chapter. Any apiary inspector duly authorized by the state apiarist has the authority to go

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upon any public or private property for the purpose of conducting an inspection of an

apiary located on that property. The inspector shall make a reasonable effort to notify the

beekeeper of a planned inspection prior to the actual inspection.

§ 44-15-108 Sale or movement of bees

(a) No bees may be sold, offered for sale, moved, or transported, shipped or delivered

within the state, unless they have been inspected by an appropriate official of the state

and certified to be apparently free of infectious or contagious regulated bee diseases

and pests in accordance with rules and regulations promulgated under this chapter.

(b) All persons desiring to move bees, hives, slumgums, used beekeeping equipment or

appliances into the state must apply to the department for a permit. The application

shall be accompanied by a certificate of health certifying that all bees, hives,

slumgums, used beekeeping equipment or appliances have been inspected by an

authorized official within thirty (30) days prior to transportation into Tennessee, and

that the bees, hives, slumgums, used beekeeping equipment or appliances were found

apparently free from any regulated diseases or pest.

§ 44-15-109 Duty to report disease or pest -- Authority to inspect

(a) If a beekeeper knows that a colony of bees has a regulated bee disease or pest, the

beekeeper shall immediately report to a state apiary inspector all facts known about

the bee's disease or bee's pests.

(b) If any apiary inspector has substantial reason to believe that a feral colony of bees

may be harboring any regulated bee disease or pest, the inspector has the authority

to enter onto any property, public or private, to locate and examine that feral colony of

bees. The examination of a feral colony and any subsequent regulatory activity must

be conducted in accordance with rules established by the department.

§ 44-15-110 Quarantine – Unlawful to expose free-flying honeybees to disease,

pest, or any substance known to kill bees

(a) The state apiarist and the duly authorized apiary inspectors have the power and

authority to declare a quarantine on any apiary found to be infected/infested with any

regulated bee diseases or pests. Immediately after the apiary is declared to be

infected/infested, a quarantine notice will be presented to the beekeeper and will

include specific instructions as to required actions by the beekeeper. The appliances

directly associated with that apiary shall be under quarantine and shall be subject to

regulatory actions imposed by the department. The commissioner may declare a

geographical area quarantine against any county, group of counties, region, or state

where a regulated bee disease or pest is found in a sufficient number of apiaries that

the infestation can be considered endemic. However, bees may not be moved from

the quarantine area except by permission from the state apiarist or an apiary

inspector.

(b) It is unlawful for any person in the state to participate in or conduct a deliberate act

that exposes free-flying honeybees to a known source of any regulated bee disease or

pest or to any substance commonly known to kill bees. This section does not apply to

farmers, gardeners, or others who are using legally registered pesticides in strict

compliance with the label instructions. The deliberate acts that are prohibited include,

but are not limited to, the following:

(1) Placing in a location that is accessible to free-flying honeybees any beeswax

combs, beekeeping equipment, honey, or other substance known to be attractive to

honeybees and capable of transmitting bee diseases or pests and known to have

been in contact with or associated with sources of regulated bee diseases or pests;

(2) Placing in a location that is accessible to free-flying honeybees any honey, sugar

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syrup, corn syrup, or other substance known to be attractive to bees and to which

some pesticide or other substance harmful to honeybees has been added; or

(3) Producing, making, releasing, or otherwise causing any spray, smoke, fog, dust, or

other substances to enter a beehive for the purpose of killing the bees therein

except as requested by the owner of the bees or as required by a state regulatory

order.

§ 44-15-111 Certification program

The department may authorize establishment of a certification program whereby

beekeepers who successfully complete the requirements of the program will be certified to

have demonstrated the knowledge and skills needed to effectively detect, identify, and

control regulated bee diseases and pests. The state apiarist will develop and administer

any regulatory certification program that is established.

The beekeeper certification program shall be a voluntary program, and any applicant must

successfully complete the program requirements to become a certified beekeeper. Each

person who becomes certified will be granted certain privileges with regard to regulatory

requirements promulgated pursuant to this chapter.

§ 44-15-112 Used beekeeping equipment

No person shall sell or give to any other person any used beekeeping equipment until

the equipment has been sanitized by a method approved by the state apiarist. This

requirement will not apply to equipment that is occupied by live bees.

§ 44-15-113 Entry permit -- Inspection certificates

(a) Any person wanting to move live bees in beehives or empty brood combs (combs that

have been used for rearing bee brood) into the state must apply to the department for

an entry permit. The application shall be accompanied by a certificate of health from

the originating state's regulatory agency certifying that all bees and beehives and used

brood combs have been inspected by an authorized official thirty (30) days prior to

transportation into Tennessee. The certificate of health must show what diseases and

pests were found as a result of the inspection. The state apiarist shall review the

application and the health certificate and will determine whether or not an entry permit

shall be granted and what conditions or requirements must be met prior to entry.

(b) Any person, firm or corporation transporting colonies or used beekeeping equipment

into, within, or through the state must secure the hives and equipment in such a

manner as to prevent the escape of bees.

person or persons transporting colonies or appliances to determine if the person or

persons have the required inspection certificates.

(d) Colonies, beehives, slumgums, used bee equipment or appliances brought into this

state in violation of this chapter or any applicable rules and regulations of the

department shall be removed by the owner from this state and returned to their state of

origin within five (5) days after notification by the department. Failure to comply may

result in confiscation as provided in § 44-15-117 without any remuneration to the

owner.

§ 44-15-114 Penalty

Any person violating any of the provisions of this chapter or the rules and regulations

made under this chapter, or of any order or notice given pursuant thereto, or who shall

forge, counterfeit, destroy, or wrongfully or fraudulently use, any certificate, permit, notice

or other like document provided or who impedes, hinders or otherwise prevents, or

attempts to prevent, the commissioner or the commissioner's duly authorized agent from

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performing the official's duty in connection with this chapter, may, in a lawful proceeding

pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, be

assessed a civil penalty of not more than five hundred dollars ($500) for each violation.

§ 44-15-115 Disposition of funds

All fees, fines, and proceeds resulting from the sale of seized properties collected under

this chapter shall be paid into the general fund and the same are appropriated

exclusively to the department to be used in carrying out this chapter.

§ 44-15-116 Experimental apiaries

The state apiarist is empowered to establish or to authorize establishment of apiaries for

experimental purposes associated with research on or evaluation of conditions related to

any bee disease or pest.

§ 44-15-117 Disposition of confiscated bees and beehives

All bees and beehives confiscated by the state apiarist as allowed by this chapter shall

be destroyed by burning if the state apiarist determines that the confiscated property is

infested with a regulated disease or pest to such an extent that it presents a significant

and unacceptable threat to bees in the surrounding area. The state apiarist is allowed to

use or to authorize use of confiscated property for experimental purposes. Otherwise the

property may be donated to any college or university within the state that requests the

property for research or educational purposes or disposed of at the discretion of the

commissioner.

§ 44-15-118 Preventive measures

After inspection of infected/infested bees or fixtures, or handling diseased bees, the

state apiarist or assistants, before leaving the premises on which disease is found, or

proceeding to any other apiary, shall take such measures as to prevent the spread of

the disease or pests by infected/infested material adhering to that person's or persons'

body or clothing, or any tools or appliances used by the state apiarist or any assistants

that have come in contact with infected/infested materials.

§ 44-15-119 Unlawful activities

It is unlawful for any person to knowingly give false or misleading information in any

matter pertaining to the enforcement of this chapter, or to resist, impede, or hinder the

state apiarist or any duly authorized apiary inspector in the discharge of duties as

described in this chapter.

§ 44-15-120 Honey storage and handling

(a) Honey can be contaminated with certain organisms that can cause disease in

honeybees. Therefore, honey containers and beekeeping equipment that are wet

with honey shall be stored, transported, and handled in such a way that free-flying

honeybees will not be able to gain access to that honey.

(b) No candy or other food containing honey shall be used in queen mailing cages.

§ 44-15-121 Previous rules and regulations revoked -- Authority to promulgate

new rules

(a) All rules and regulations previously promulgated on the subject matter of this chapter

are revoked.

(b) The department shall promulgate rules and regulations pursuant to the Uniform

Administrative Procedures Act, compiled in title 4, chapter 5, to effectuate the

purposes of this chapter.

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§ 44-15-122 Charges

In order to recover departmental costs, the commissioner is authorized to charge for the

use of equipment and materials in providing technical assistance to beekeepers.

§ 44-15-123 Indemnity for destruction

The commissioner may establish procedures for the payment of indemnities for honey

bee colonies destroyed under the authority of this chapter. Indemnity under this section

is not intended to be a full reimbursement but a partial compensation based on, but not

limited to, the value of the colonies and the availability of funds for this purpose.

Indemnification may be disallowed if the owner is in violation of this chapter.

§ 44-15-124 Restrictions on keeping honeybees in hives

No county, municipality, consolidated government, or other political subdivision of this

state shall adopt or continue in effect any ordinance or resolution prohibiting the

establishment or maintenance of honeybees in hives, provided that such establishment

or maintenance is in compliance with this chapter. This section shall not be construed to

restrict or otherwise limit the zoning authority of county or municipal governments;

provided, however, that a honeybee hive being maintained at a location in compliance

with applicable zoning requirements on June 10, 2011, shall not be adversely affected

and may be maintained at the same location notwithstanding any subsequent zoning

changes.

§ 44-15-125 Liability for personal injury or property damage

(a) Any person who has registered an apiary pursuant to § 44-15-105, is otherwise in

compliance with this part and operates such apiary in a reasonable manner shall not

be liable for any personal injury or property damage that is caused by the keeping and

maintaining of:

(1) Bee equipment, queen breeding equipment, apiaries, affiliated appliances that are

located on such apiary; or

(2) Bees that nest in a beehive that is located on such apiary.

(b) The limitation of liability established by this section shall not apply to intentional tortious

conduct or acts or omissions constituting gross negligence.

§ 44-16-101 Hatchery and baby chick inspection service -- rules and regulations;

trademarks; inspection fees

The department of agriculture shall organize, under the division of animal disease

control, a poultry hatchery and baby chick inspection service, and the commissioner of

agriculture shall prescribe such rules and regulations in conformity with recognized

standards and establish such trademarks as may be necessary or proper to effect this

service, and fix reasonable inspection fees to provide for the expense of the service.

§ 44-16-102 Certification as accredited flock and hatchery

Each poultry flock inspected and meeting the standard requirements thus fixed shall be

certified by the department as an accredited flock, and each hatchery using eggs from

accredited flocks only, and otherwise meeting the standard requirements, shall be

certified by the department as an accredited hatchery.

§ 44-16-103 Inspector of poultry flocks, hatcheries, and baby chicks – assistants;

compensation

The commissioner of agriculture is authorized, for the carrying out of this part, to appoint

a state poultry flock, hatchery, and baby chick inspector and necessary assistants, and

to fix their compensation; provided, that no expense shall be incurred or paid on account

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of this service in excess of the revenue derived from the service.

§ 44-16-104 Inspection fees paid into state treasury for expenses -- surplus for

poultry education and investigation

The revenue derived from the inspection fees authorized in § 44-16-101 shall be paid

into the state treasury by the commissioner and placed to the credit of a special poultry

inspection account, which may be drawn on by the department of agriculture to meet the

expenses of the service provided for in this part, and if there should be a surplus

remaining, it may be expended by the commissioner for poultry educational and

investigational purposes.

§ 44-16-201 Hatchery -- license required

Every person engaging in the business of custom hatching, producing baby chicks for

sale or selling or offering baby chicks for sale either individually or by or through

community sale, public pavilions or public auction shall obtain a license from the

department for each establishment at which such business is conducted.

§ 44-16-203 Hatchery -- duties of licensees

Any person coming under this part shall:

(1) Maintain sanitary measures such as will properly suppress and prevent the spread

of contagious and infectious diseases of baby chicks;

(2) Provide ample facilities for the proper care and handling of baby chicks on the

premises;

(3) Determine that all baby chicks are in a healthy condition before offering them for

sale; and

(4) Label all containers holding baby chicks, when offered for sale as a unit, with the

following: number of baby chicks; breed and variety of baby chicks; date hatched;

whether or not parent stock has been tested for pullorum disease; cockerels, pullets,

or straight run; name and address of producer; and the name and address of the

seller.

§ 44-16-204 Hatchery -- access to premises; enforcement by commissioner

(a) The commissioner of agriculture or the commissioner's duly authorized agent has

free access at all reasonable hours to any place of business coming under this part.

(b) The commissioner shall enforce this part and has the authority to promulgate

regulations for the efficient enforcement of its provisions.

§ 44-16-205 Hatchery -- part definitions

As used in this part, unless the context otherwise requires:

(1) "Baby chicks" means all domestic fowl six (6) weeks of age or under;

(2) "Department" means department of agriculture; and

(3) "Person" includes every person, partnership, firm, company, association, society,

public auction, community sale, sale pavilion, syndicate, and corporation.

§ 44-16-206 Hatchery -- application of law

This part shall not be construed to include any person who hatches for sale one

thousand (1,000) or fewer baby chicks per year.

§ 44-16-207 Hatchery – violation a misdemeanor; revocation of license

Any person who violates any of the provisions of this part commits a Class C

misdemeanor, but if the violation occurs after a conviction has become final, the

person's license shall be revoked.

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§ 44-17-101 Dog and Cat Dealers -- purpose of part

The purpose of this part is to protect the owners of dogs and cats from the theft of their

pets, to prevent the sale or use of dogs and cats that have been stolen, and to ensure

the humane treatment of dogs and cats in commerce and those used in research

facilities.

§ 44-17-102 Dog and Cat Dealers – part definitions

As used in this part, unless the context otherwise requires:

(1) "Cat" means any live cat of the species Felis catus;

(2) "Commerce" means buying or selling or transporting from one (1) place to

another in this state;

(3) "Commissioner" means the commissioner of agriculture;

(4)

(A) "Dealer" means any person who, for compensation or profit, buys, sells,

transports (except as a common carrier), delivers for transportation, or boards

dogs or cats for research purposes, or any person who buys or sells twenty- five

(25) or more dogs or cats in any one (1) calendar year for resale within the state

or for transportation out of the state;

(B) "Dealer" also means any person who, for compensation or profit, buys from or

sells to a private person at a flea market any dog or cat;

(5) "Dog" means any live dog of the species Canis familiaris;

(6) "Flea market" means any assemblage of twenty (20) or more persons gathered

together at regular or irregular intervals, whether in open air or under cover, for the

purpose of buying, selling, or trading merchandise to and from the general public,

when this buying, selling, or trading is outside of the regular business or occupation

of the majority of persons so gathered, and when the majority of the persons so

gathered do not pay a business privilege tax for their activities at the flea market;

(7) "Person" means any individual, firm, corporation, partnership, association, or other

legal entity; and

(8) "Research facility" means any school, hospital, laboratory, institution, organization

or person that uses or intends to use dogs or cats in research, tests, or experiments

and that purchases or transports dogs or cats in commerce.

§ 44-17-103 Dog and Cat Dealers - Sale or transportation of dogs or cats to

research facilities by dealers without license prohibited

(a) It is unlawful for any dealer to sell or offer to sell or transport or offer for

transportation to any research facility any dog or cat, or to buy, sell, offer to buy or

sell, transport or offer for transportation in commerce any dog or cat, unless the

dealer has a currently valid license from the commissioner and has complied with

the rules and regulations promulgated by the commissioner pursuant to this part.

(b) A violation of this section is a Class C misdemeanor.

§ 44-17-104 Dog and Cat Dealers -- applications for license; fee

(a) An application for a license as a dealer shall be made to the commissioner on a form

provided by the commissioner, which shall contain space for such information as the

commissioner may reasonably require, including evidence of ability to comply with

such standards, rules and regulations as are lawfully prescribed by the commissioner.

(b) Each application for a license shall be accompanied by a license fee based upon the

following:

(1) Dealer license fee to sell dogs or cats to research facilities -- two hundred and fifty

dollars ($250);

(2) Dealer license fee (wholesale) to sell dogs or cats for resale -- one hundred and

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twenty-five dollars ($125);

(3) Dealer license fee (retail) to buy dogs or cats for resale to be assessed as follows:

(A) Transactions of up to 50 animals per year -- one hundred and twenty-five

dollars ($125);

(B) Transactions of 51 to 150 animals per year -- two hundred and fifty dollars

($250);

(D) Transactions of 301 to 500 animals per year -- seven hundred and fifty dollars

($750); and

(E) Transactions of more than 500 animals per year -- one thousand dollars

($1,000); and

(4) Dealer license fee to transport dogs or cats in commerce -- one hundred and twenty-

five dollars ($125).

§ 44-17-105 Dog and Cat Dealers – issuance of dealer's license; requirements

(a) The commissioner shall issue a license to an applicant after determining:

(1) The applicant or the responsible officers of the applicant are of good moral

character;

(2) The applicant or any responsible officer of the applicant has never been convicted

of cruelty to animals or of a violation of this part;

(3) An inspection has been made of the premises and a finding that it conforms to this

part and the rules and regulations of the commissioner, and is a suitable place in

which to conduct the dealer's business; and

(4) The dealer's business is to be conducted in a permanent structure or building.

(b) Each license shall be issued only for the premises and to the person or persons

named in the application and shall not be transferable or assignable except with the

written approval of the commissioner.

§ 44-17-106 Dog and Cat Dealers -- annual renewal of license; fee

A license, unless sooner suspended or revoked, shall be renewable annually upon filing

by the licensee and approval by the commissioner, of an annual report upon such forms

and containing such information as the commissioner may prescribe by regulation. The

fee for renewal of licenses shall be based upon the following:

(1) Dealer license fee to sell dogs or cats to research facilities -- one hundred and

twenty-five dollars ($125);

(2) Dealer license fee (wholesale) to sell dogs or cats for resale -- one hundred and

twenty-five dollars ($125);

(3) Dealer license fee (retail) to buy dogs or cats for resale to be assessed as

follows:

(A) Transactions of up to 50 animals per year -- one hundred and twenty-five

dollars ($125);

(B) Transactions of 51 to 150 animals per year -- two hundred and fifty dollars

($250);

(D) Transactions of 301 to 500 animals per year -- seven hundred and fifty dollars

($750); and

(E) Transactions of more than 500 animals per year -- one thousand dollars ($1,000);

and

(4) Dealer license fee to transport dogs or cats in commerce -- one hundred and

twenty-five dollars ($125).

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§ 44-17-107 Dog and Cat Dealers -- revocation or suspension of dealer's license;

grounds; hearing; appeal

(a) The license of any dealer may be suspended or revoked by the commissioner for any

of the following reasons:

(1) The incompetence or untrustworthiness of the licensee;

(2) Willful falsification of any information contained in the application;

(3) The conviction of the licensee or any responsible officer of the licensee of cruelty to

animals or a violation of this part; or

(4) The nonconformance by the licensee to this part or the rules and regulations of the

commissioner.

(b) If the commissioner has reason to believe that the license of any dealer should be

suspended or revoked for any of the above reasons, the commissioner shall give the

dealer ten (10) days' written notice of the commissioner's intention to suspend or

revoke the license of the dealer and shall give the dealer an opportunity for a hearing

on the issue. The dealer may produce evidence to show cause why the license should

not be revoked or suspended. If the commissioner determines that conditions exist

that warrant the suspension or revocation of the license, the commissioner may

suspend the license for such period of time as the commissioner may specify or may

revoke it, and where appropriate, may make an order that the dealer cease and desist

from continuing any violation found to have been made of this part. If the license is

suspended, the dealer may apply, after ninety (90) days, for reinstatement of the

license.

may, within sixty (60) days after entry of such an order, have the order reviewed upon

petition of certiorari in the chancery or circuit court of the county in which the dealer's

residence or place of business is located.

§ 44-17-108 Dog and Cat Dealers -- semi-annual reports to commissioner

Each dealer shall file, on forms and at such times as prescribed by the commissioner,

semi-annual reports containing the following information:

(1) The number of dogs or cats in the possession of the dealer on the date the report is

filed;

(2) The number of dogs and cats purchased during the reporting period and the names

and addresses of the persons from whom they were purchased;

(3) The number of dogs and cats sold during the reporting period and the names and

addresses of the persons to whom they were sold; and

(4) The number of dogs and cats received by the dealer during the reporting period

under circumstances other than purchase and the names and addresses of the

persons from whom they were obtained.

§ 44-17-109 Dog and Cat Dealers -- registration of research facilities with

commissioner

Every research facility shall register with the commissioner in accordance with such

rules and regulations as the commissioner may prescribe.

§ 44-17-110 Dog and Cat Dealers -- identification of dogs and cats delivered to

research facilities

All dogs and cats delivered for transportation, transported, purchased, or sold to

research facilities shall be marked or identified in such manner as the commissioner

may prescribe.

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§ 44-17-111 Dog and Cat Dealers -- records of research facilities and dealers

Research facilities and dealers shall make and keep such records with respect to their

purchase, sale, transportation, and handling of dogs and cats as the commissioner may

prescribe.

§ 44-17-112 Dog and Cat Dealers -- sales of dogs and cats to research facilities;

restrictions

Dogs and cats shall not be offered for sale or sold to a research facility at public auction

or by weight. No research facility shall purchase dogs or cats at public auction or by

weight, nor shall any research facility purchase dogs or cats except from a licensed

dealer, public pound, humane society, or from a person who breeds dogs or cats for sale

to a research facility.

§ 44-17-113 Dog and Cat Dealers -- bills of sale evidencing purchase of dogs or

cats by dealers or research facilities

(a) The purchase of any dog or cat by a dealer or by a research facility shall be evidenced

by a bill of sale signed by the seller. The bill of sale shall be in form approved by the

commissioner and shall certify that the seller is the lawful owner of the dog or cat and

that ownership is transferred to the dealer or research facility. The bill of sale shall

make reference to the mark or identification required by § 44-17-110.

(b) The bill of sale shall bear the name, telephone number, and address of the seller, and

the driver license or social security number of the seller. At the time of sale, the dealer

or research facility making the purchase shall verify from the seller the seller's driver

license or social security number, whichever is appropriate. The bill of sale shall also

contain a description of the dog or cat sold under that bill adequate to identify the

animal. A bill of sale containing the same information shall be furnished by a dealer to

any person purchasing a dog or cat at a flea market. Nothing in this subsection (b)

shall be construed as enlarging the enforcement responsibilities of the commissioner

beyond that existing prior to March 17, 1978.

§ 44-17-114 Dog and Cat Dealers -- time dealers must hold dogs and cats after

acquisition

No dealer shall sell or otherwise dispose of any dog or cat within a period of five (5)

business days after the acquisition of the animal or within such other period as may be

specified by the commissioner.

§ 44-17-115 Dog and Cat Dealers -- authority of commissioner to inspect

premises of dealers or research facilities; inspection of conveyances; rules and

regulations regarding inspection

(a) The premises of any dealer or research facility shall be made available to the

commissioner or the commissioner's representative for inspection at all reasonable

times. The commissioner or the commissioner's representative shall make or cause to

be made such inspections or investigations of the premises as considered necessary.

(b) The commissioner or the commissioner's representative, or any legally constituted law

enforcement agency, may stop any motor vehicle or other conveyance transporting

dogs or cats for inspections as to the humane treatment of animals and compliance

with licensing requirements of this part or for investigations in search of lost or stolen

animals.

research facilities to permit inspection of their animals and records at reasonable

hours upon request by legally constituted law enforcement agencies in search of lost

animals.

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(d) Nothing in this part shall be construed as authorizing the commissioner to promulgate

rules, regulations, or orders governing the handling, care, treatment or inspection of

animals during actual research or experimentation by a research facility.

§ 44-17-116 Dog and Cat Dealers -- violations of provisions a misdemeanor

(a) A person who violates any of the provisions of this part commits a Class C

misdemeanor.

(b) After notice of any violation received from the commissioner, each day of a continuing

violation constitutes a separate offense.

§ 44-17-117 Dog and Cat Dealers -- construction and enforcement of provisions

When construing or enforcing §§ 44-17-101 -- 44-17-107, the act, omission, or failure of

any individual acting for or employed by a dealer or research facility, within the scope of

the individual's employment or office, shall be considered to be the act, omission, or

failure of the dealer or research facility as well as of the individual.

§ 44-17-118 Dog and Cat Dealers -- rules and regulations

The commissioner may promulgate such rules and regulations as are reasonably

necessary to implement this part.

§ 44-17-119 Dog and Cat Dealers -- supplemental provisions

This part is in addition to and supplementary of title 39, chapter 14, part 2.

§ 44-17-120 Dog and Cat Dealers -- destruction of dog causing death or serious

injury to human -- notice to dog's owner

(a) Any dog that attacks a human and causes death or serious bodily injury may be

destroyed upon the order of the judge of the general sessions court of the county

wherein the attack occurred. Such orders shall be granted on the petition of the district

attorney general for the county. The petition shall name the owner of the dog, and the

owner shall be given notice in accordance with Rule 4.01 of the Tennessee Rules of

Civil Procedure, that if the owner does not appear before the court within five (5) days

of the receipt thereof and show cause why the dog should not be destroyed, then the

order shall issue and the dog shall be destroyed.

(b) Notwithstanding subsection (a), in counties having a population in excess of eight

hundred thousand (800,000), or having a metropolitan form of government and a

population in excess of one hundred thousand (100,000), according to the 2000

federal census or any subsequent federal census, a municipality or county is

authorized to adopt local ordinances authorizing the municipality or the county to

appropriately petition in a general sessions court to provide for the disposition of

dangerous dogs or dogs causing death or serious bodily injury to humans or other

animals.

§ 44-17-121 Dogs and Cat Dealers -- confiscation of animals

Subject to this part, the commissioner has the authority to confiscate animals as may be

necessary to provide for the humane treatment of such animals.

§ 44-17-122 Dogs and Cat Dealers-- cooperation with local and federal authorities

The commissioner may enter into cooperative agreements with local and/or federal

agencies for purposes of implementing this part. When implementing the provisions for

issuance of dealer licenses, the commissioner shall take into consideration other federal

and/or local licensing regulations that may apply, it being the intent of the legislature not

to impose duplicative licensing requirements and costs for dealers.

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§ 44-17-201 Dogs killing livestock -- owners of dogs are liable for livestock killed

Where any dog shall kill, or in any manner damage, any livestock in this state, the

owner or harborer of such dog shall be liable, in an action for damage, to the owner of

such livestock.

§ 44-17-202 Dogs killing livestock -- ignorance of dog's habits is no defense

Ignorance of the vicious habits or character of the dog on the part of its owner shall be

no defense in actions arising under § 44-17-201.

§ 44-17-203 Dog killing livestock -- no damages recoverable for killing or injuring

such dog

In an action for damages against a person for killing or injuring a dog, satisfactory proof

that the dog had been or was killing or worrying livestock constitutes a good defense to

such action.

§ 44-17-301 Non-livestock Animal Human Death Act--Short title

This part shall be known and may be cited as the “Non-livestock Animal Humane Death

Act.”

§ 44-17-302 Non-livestock Animal Humane Death Act -- application

(a) This part shall be applicable only to public and private agencies, animal shelters and

other facilities operated for the collection, care or euthanasia of stray, neglected,

abandoned or unwanted non-livestock animals.

(b) This part shall apply to any licensed veterinarian, Tennessee veterinarian medical

technician, employee, volunteer, whether compensated or otherwise, or any other

person acting as an agent on behalf of a public or private agency, animal shelter or

other facility operated for the collection, care or euthanasia of stray, neglected,

abandoned or unwanted non-livestock animals.

§ 44-17-303 Non-livestock Animal Humane Death Act -- methods allowed

(a) Sodium pentobarbital and such other agents as may be specifically approved by the

rules of the board of veterinary medicine shall be the only methods used for

euthanasia of non-livestock animals by public and private agencies, animal shelters

and other facilities operated for the collection, care or euthanasia of stray, neglected,

abandoned or unwanted non-livestock animals. A lethal solution shall be used in the

following order of preference:

(1) Intravenous injection by hypodermic needle;

(2) Intraperitoneal injection by hypodermic needle;

(3) Intracardial injection by hypodermic needle, but only if performed on heavily

sedated, anesthetized or comatose animals; or

(4) Solution or powder added to food.

(b) A non-livestock animal may be tranquilized with an approved and humane substance

before any form of euthanasia involving a lethal injection is performed, but the animal

must be tranquilized if the euthanasia is performed by the method described in

subdivision (a)(3).

hydrate, magnesium or potassium or any substance that acts as a neuromuscular

blocking agent, or any chamber that causes a change in body oxygen may not be

used on any non-livestock animal for the purpose of euthanasia. Any such chamber in

use as of July 1, 2001, shall be phased out and shall not be used on or after July 1,

2002.

(d) Euthanasia shall be performed only by a licensed veterinarian, Tennessee veterinarian

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medical technician or an employee or agent of a public or private agency, animal

shelter or other facility operated for the collection, care or euthanasia of stray,

neglected, abandoned or unwanted non-livestock animals, provided that the

Tennessee veterinarian medical technician, employee or agent has successfully

completed a euthanasia-technician certification course. The curriculum for such course

must be approved by the board of veterinary medical examiners and must include, at a

minimum, knowledge of animal anatomy, behavior and physiology; animal restraint

and handling as it pertains to euthanasia; the pharmacology, proper dosages,

administration techniques of euthanasia solution, verification of death techniques, laws

regulating the storage, security and accountability of euthanasia solutions; euthanasia

technician stress management and the proper disposal of euthanized non-livestock

animals.

(e) An employee, agent or Tennessee veterinarian medical technician performing

euthanasia prior to July 1, 2001, who previously passed an approved euthanasia-

technician certification course will be accepted as qualified under this part to perform

euthanasia on non-livestock animals. Any other employee, agent or Tennessee

veterinarian medical technician seeking to perform euthanasia on non-livestock

animals on or after July 1, 2001, must obtain certification prior to performing any such

euthanasia.

(f) A non-livestock animal may not be left unattended between the time euthanasia

procedures are first begun and the time that death occurs, nor may its body be

disposed of until a qualified person confirms death.

(g) Notwithstanding this section or any other law to the contrary, whenever an emergency

situation exists in the field that requires the immediate euthanasia of an injured,

dangerous or severely diseased non-livestock animal, a law enforcement officer, a

veterinarian, or agent of a local animal control unit or the designee of such an agent

may humanely destroy the non-livestock animal.

(h) For purposes of this part, "non-livestock animal" shall have the meaning set forth in

§ 39-14-201.

(i) The attorney general and reporter may bring an action to enjoin any violation of this

part.

(j) Any person who violates this part is guilty of a Class A misdemeanor.

(k) These provisions shall not apply to exotic animals being held under the authority of title

70, chapter 4, part 4, and Rule 1660-1-18-.05 of the Official Compilation of Rules and

Regulations of the State of Tennessee.

§ 44-17-304 Non-livestock Animal Humane Death Act -- minimum holding time

before an animal may be euthanized - emergency exception

(a) Before any public or private agency, animal shelter or other facility operated for the

collection, care or euthanasia of stray, neglected, abandoned or unwanted non-

livestock animals euthanizes a non-livestock animal that the facility knows or should

know, by identification or vaccination tags, personal knowledge or otherwise, has an

owner, the facility shall be required to hold the animal for at least three (3) full business

days from the time it is brought to the facility before the animal may be euthanized.

(b) Subsection (a) shall not apply where an emergency situation exists that requires the

immediate euthanasia of an injured, dangerous or severely diseased non-livestock

animal.

that a non-livestock animal has an owner under subsection (a) must make a

reasonable effort to locate and notify the animal's owners within forty-eight (48) hours

of the time that the public or private agency, animal shelter, or other facility takes

custody of the animal or, if the animal is taken into custody on a Friday, within two (2)

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business days of the date that the public or private agency, animal shelter, or other

facility takes custody of the animal.

§ 44-17-401 Electronic locating collars

No agency or entity of state or local government shall enact, adopt, promulgate, or

enforce any law, ordinance, rule, regulation, or other policy that restricts or prevents the

owner of any dog from using an electronic locating collar to protect the dog from loss;

except that the fish and wildlife commission may limit the use of electronic locating

collars through the promulgation of rules and regulations when required for the proper

management of wildlife species.

§ 44-17-402 Retrieval of hunting dogs from federal property operated by wildlife

resources agency

If the owner or a person in control of a dog is hunting with either a firearm or a bow and

arrow, and that person's dog strays onto property owned by the federal government and

operated by the Tennessee wildlife resources agency, the owner or person may proceed

onto the property without the person's firearm or bow and arrow. The person shall not be

liable for any criminal sanction related to the pursuit of the dog. However, nothing in this

section shall be construed to grant civil immunity to the owner or the person in control of

the dog for any personal injury or property damage caused by the dog.

§ 44-17-403 Death of pet caused by negligent act of another -- damages

(a)

(1) If a person's pet is killed or sustains injuries that result in death caused by the

unlawful and intentional, or negligent, act of another or the animal of another, the

trier of fact may find the individual causing the death or the owner of the animal

causing the death liable for up to five thousand dollars ($5,000) in noneconomic

damages; provided, that if the death is caused by the negligent act of another,

the death or fatal injury must occur on the property of the deceased pet's owner

or caretaker, or while under the control and supervision of the deceased pet's

owner or caretaker.

(2) If an unlawful act resulted in the death or permanent disability of a person's guide

dog, then the value of the guide dog shall include, but shall not necessarily be

limited to, both the cost of the guide dog as well as the cost of any specialized

training the guide dog received.

(b) As used in this section, "pet" means any domesticated dog or cat normally

maintained in or near the household of its owner.

of action for intentional infliction of emotional distress or any other civil action other

than the direct and sole loss of a pet.

(d) Noneconomic damages awarded pursuant to this section shall be limited to

compensation for the loss of the reasonably expected society, companionship, love

and affection of the pet.

(e) This section shall not apply to any not-for-profit entity or governmental agency, or its

employees, negligently causing the death of a pet while acting on the behalf of public

health or animal welfare; to any killing of a dog that has been or was killing or

worrying livestock as in § 44-17-203; nor shall this section be construed to authorize

any award of noneconomic damages in an action for professional negligence against

a licensed veterinarian.

§ 44-17-404 Recovery for death or injury to guide dogs

If a person's guide dog is killed or sustains injuries that result in death or permanent

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disability caused by the unlawful and intentional, or negligent, act of another or the

animal of another, then the trier of fact may find the individual causing the death or the

owner of the animal causing the death liable for economic damages, which shall

include, but shall not necessarily be limited to, both the cost of the guide dog as well as

the cost of any specialized training the guide dog received.

§ 44-17-501 Tennessee Spay/Neuter Law—Short title

This part shall be known and may be cited as “The Tennessee Spay/Neuter Law.”

§ 44-17-502 Tennessee Spay/Neuter Law – requirement for adoption

(a) No person shall adopt a dog or cat from an agency, including, but not limited to, an

animal shelter, dog pound, animal control agency or humane shelter operated by a

municipality, county, or other governmental agency within the state, or a private

organization operating a shelter from which animals are adopted or reclaimed, unless:

(1) The dog or cat has already been spayed or neutered;

(2) The dog or cat has been spayed or neutered by a licensed veterinarian while in the

custody of the agency; or

(3) The new owner signs a written agreement with the agency stating that the new

owner will have the dog or cat spayed or neutered by a licensed veterinarian:

(A) Within thirty (30) days of the date of the adoption, if such dog or cat is sexually

mature; or

(B) Within thirty (30) days after the dog or cat reaches six (6) months of age, if the

dog or cat is not sexually mature at the time of the adoption.

(b) Nothing in this section shall preclude the spaying or neutering of a sexually immature

dog or cat at the discretion of a licensed veterinarian with the consent of the new

owner.

§ 44-17-503 Tennessee Spay/Neuter Law – deposit; forfeiture of deposit; use of

forfeited deposit

(a) If the dog or cat being adopted has not been spayed or neutered, the agency shall

require a deposit of not less than twenty-five dollars ($25.00) from the new owner prior

to the adoption in order to ensure that the dog or cat is spayed or neutered. The new

owner may request and shall receive a refund of the deposit from the agency upon

providing confirmation of the spaying or neutering.

(b)

(1) If the new owner fails to have the dog or cat spayed or neutered within the time

frame established by Section 44-17-502, or if the spaying or neutering is timely

performed, but the new owner fails to request the return of the deposit within an

additional ten (10) days after the date by which the spaying or neutering is required

to be performed, the deposit shall be forfeited to the agency holding the deposit

and shall be used by the agency to conduct programs to spay or neuter dogs and

cats in the community where the agency is located.

(2) The forfeited deposit may also be used to defray operational expenses of the

programs, including, but not limited to, costs for purchasing food, medications,

tests, upgrades for the animal housing areas, or any other supplies or products

which would improve the quality of life for dogs or cats in such programs.

(3) No forfeited deposit may be used to pay salaries of persons employed by any

agency located within the county.

(4) Before the forfeited deposits may be used by an agency for the purposes set out in

this subsection (b), the agency shall maintain a minimum balance in the forfeited

deposit fund of no less than the total amount of unclaimed deposits collected

during the previous six (6) month period.

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§ 44-17-504 Tennessee Spay/Neuter Law – petition for compliance

If a person fails to comply with this part, the agency may file a petition with a court of

competent jurisdiction seeking compliance and/or requesting return of the dog or cat to

the agency from which it was adopted.

§ 44-17-505 Spay/Neuter Law – dogs or cats claimed by owner

Nothing in this part shall be construed to authorize an agency to spay or neuter a dog or

cat, if the dog or cat is being claimed by and returned to its lawful owner within seven (7)

days of the dog or cat being taken into custody by the agency.

§ 44-17-601 Dogs and cats -- "chemical capture” defined; authorized drugs;

administration of drugs

(a) As used in this part, unless the context otherwise requires, "chemical capture" means

the capture of a dog or cat by means of sedation using approved drugs as provided in

this part and appropriate drug administering equipment.

(b) Chemical capture by certified animal chemical capture technicians shall only be

effected by use of Telazol or such other drugs as may be determined by the board of

veterinary medical examiners.

a licensed veterinary technician employed by and functioning under the direct

supervision of a licensed veterinarian, or such other individuals qualified as certified

animal chemical capture technicians as determined by the board of veterinary medical

examiners pursuant to § 63-12-144.

(d) With respect to certified animal chemical capture technicians, chemical capture shall

be effected only in accordance with a written protocol and only when all other methods

of capture have failed.

§ 44-18-101 Feedlots, Dairy Farms and Poultry Production -- definitions

As used in this chapter, unless the context otherwise requires:

(1) "Dairy farm" means any place or premises where one (1) or more cows are kept and

from which a part or all of the milk or milk products is provided, sold or offered for

sale to a milk plant, transfer station or receiving station;

(2) "Department" means the department of environment and conservation, and

includes any officer, agency or designee of that department;

(3) "Established date of operation" means the date on which a feedlot, dairy farm or

poultry production house commenced operating. If the physical facilities of the

feedlot, dairy farm or poultry production house are subsequently expanded, the

established date of operation for each expansion is deemed to be a separate and

independent "established date of operation" established as of this date of

commencement of the expanded operations, and the commencement of expanded

operations shall not divest the feedlot, dairy farm or poultry production house of a

previously established date of operation;

(4) "Established date of ownership" means the date of the recording of an

appropriate muniment of title establishing the ownership of realty;

(5) "Feedlot" means a lot, yard, corral or other area in which livestock are confined,

primarily for the purposes of feeding, growing, raising, or birthing prior to slaughter.

"Feedlot" does not include areas that are used for the raising of crops or other

vegetation upon which livestock are allowed to graze or feed;

(6) "Livestock" means all equine as well as animals that are being raised primarily for

use as food or fiber for human utilization or consumption including, but not limited

to, cattle, sheep, swine, goats, and poultry;

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(7) "Materially affects" means prohibits or regulates with respect to the location, or the

emission of noise, effluent, odors, sewage, waste or similar products resulting from

the operation or the location or use of buildings, machinery, vehicles, equipment or

other real or personal property used in the operation of a livestock feedlot, dairy farm

or poultry production house;

(8) "Nuisance" means and includes public or private nuisance as defined either by

statute or by the common law;

(9) "Nuisance action or proceeding" means and includes every action, claim or

proceeding, whether brought at law, in equity or as an administrative proceeding, that

is based on nuisance;

(10) "Owner or operator" means any person who owns, leases, operates, controls or

supervises a feedlot;

(11) "Poultry production house" means any place or premises where chickens are kept

for the production of eggs or broilers for resale to processors, wholesalers or

retailers;

(12) "Regulations" means a resolution by the county legislative body or an ordinance

by the governing body of any municipality regulating or prohibiting the normal noises

of animals or fowls, the noises in the operation of the equipment, the odors normally

associated with any feedlot, dairy farm, or poultry production house, or the preclusion of any

animals or fowls from within the city or from within a defined area of the county;

(13) "Rule of the department" means a rule as defined in the Uniform Administrative

Procedures Act, compiled in title 4, chapter 5, that materially affects the operation of

a feedlot, dairy farm, or poultry production house and that has been adopted by the

department. Nothing in this chapter shall be deemed to empower the department to

make any rule; and

(14) "Zoning requirement" means a regulation or ordinance that has been adopted by a

city, county, township, school district, or any special-purpose district or authority, that

materially affects the operation of a feedlot, dairy farm or poultry production house.

Nothing in this chapter shall be deemed to empower any agency described in this

definition to make any regulation or ordinance.

§ 44-18-102 Nuisance action or proceeding against feedlot, dairy farm or poultry

production house

(a) In any nuisance action or proceeding against a feedlot, dairy farm, or poultry

production house brought by or on behalf of a person whose date of ownership of

realty is subsequent to the established date of operation of the feedlot, dairy farm or

poultry production house, proof of compliance with §§ 44-18-103 and 44-18-104 shall

be an absolute defense; provided, that the conditions or circumstances alleged to

constitute a nuisance are subject to regulatory jurisdiction in accordance with § 44-18-

103 or § 44-18-104.

(b) In any nuisance action or proceeding against a feedlot, dairy farm or poultry production

house brought by or on behalf of a person whose date of ownership of realty precedes

the established date of operation of the feedlot, dairy farm or poultry production house,

but whose actual or proposed use of the realty for residential or commercial purposes

is subsequent to the established date of operation of the feedlot, dairy farm or poultry

production house, proof of compliance with §§ 44-18- 103 and 44-18-104 shall be an

absolute defense; provided, that the conditions or circumstances alleged to constitute

a nuisance are subject to regulatory jurisdiction in accordance with § 44-18-103 or §

44-18-104.

of the equipment or the appearance of the equipment, the odors normally associated

with any feedlot, dairy farm or poultry production house, the appearance of a feedlot,

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dairy farm or poultry production house, or litter and/or manure additive that is designed

to bind soluble phosphorous in conformity with the Tennessee Natural Resources

Conservation Service (NRCS) interim conservation practice standard if used by any

feedlot, dairy farm or poultry production house, shall not constitute grounds for any

nuisance action or proceeding against a feedlot, dairy farm or poultry production house

brought by or on behalf of a person whose date of ownership of realty is subsequent to

the established date of operation of the feedlot, dairy farm or poultry production house.

§ 44-18-103 Applicability of rules of department to feedlots, dairy farms, and

poultry houses

(a) This section shall apply to the department's rules except for rules required for

delegation of the national pollutant discharge elimination system permit program

pursuant to the Federal Water Pollution Control Act, Section 402, Public Law 92- 500,

33 U.S.C. 1342, as amended.

(b) The applicability of rules of the department, other than those issued under the

Tennessee Air Quality Act, compiled in title 68, chapter 201, part 1, shall be as follows:

(1) A rule of the department in effect before April 12, 1979, shall apply to a feedlot,

dairy farm or poultry production house with an established date of operation prior to

April 12, 1979;

(2) A rule of the department shall apply to a feedlot, dairy farm or poultry production

house with an established date of operation subsequent to the effective date of the

rule;

(3) A rule of the department adopted after April 12, 1979, shall not apply to a feedlot,

dairy farm or poultry production house holding any department permit and having

an established date of operation prior to the effective date of the rule; and

(4) A rule of the department adopted after April 12, 1979, shall not apply to a feedlot,

dairy farm or poultry production house not previously required to hold a department

permit and having an established date of operation prior to the effective date of the

rule.

in title 68, chapter 201, part 1, shall be as follows:

(1) A rule of the department or the air pollution control board in effect on April 12, 1979,

shall apply to a feedlot, dairy farm or poultry production house with an established

date of operation prior to April 12, 1979;

(2) A rule of the department or the air pollution control board shall apply to a feedlot,

dairy farm or poultry production house with an established date of operation

subsequent to the effective date of the rule; and

(3) A rule of the department or the air pollution control board pertaining to a feedlot,

dairy farm or poultry production house adopted after April 12, 1979, shall not apply

to any feedlot, dairy farm or poultry production house having an established date of

operation prior to the effective date of the rule.

§ 44-18-104 Feedlots, dairy farms, and poultry houses -- applicability of zoning

requirements and regulations

(a) The applicability of zoning requirements is as follows:

(1) A zoning requirement shall apply to a feedlot, dairy farm or poultry production

house with an established date of operation subsequent to the effective date of the

zoning requirements;

(2) A zoning requirement shall not apply to a feedlot, dairy farm or poultry production

house with an established date of operation prior to the effective date of the zoning

requirement;

(3) A zoning requirement that is in effect on April 12, 1979, shall apply to a feedlot,

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dairy farm or poultry production house with an established date of operation prior to

April 12, 1979; and

(4) A zoning requirement adopted by a city shall not apply to a feedlot, dairy farm or

poultry production house that becomes located within an incorporated or

unincorporated area subject to regulation by that city by virtue of an incorporation or

annexation that takes effect after April 12, 1979.

(b) A person shall comply with this section as a matter of law where no zoning

requirement exists.

(1) A regulation shall apply to a feedlot, dairy farm or poultry production house with an

established date of operation subsequent to the effective date of such regulation;

(2) A regulation shall not apply to a feedlot, dairy farm or poultry production house with

an established date of operation prior to the effective date of the regulation;

(3) A regulation that is in effect on April 12, 1979, shall apply to a feedlot, dairy farm or

poultry production house with an established date of operation prior to April 12,

1979; and

(4) A regulation adopted by a city shall not apply to a feedlot, dairy farm or poultry

production house that becomes located within an incorporated or unincorporated

area subject to regulation by such city by virtue of an incorporation or annexation

that takes effect after April 12, 1979.

(d) A person shall comply with this section as a matter of law where no regulation exists.

§ 44-19-102 Legislative declaration

It is declared that the general assembly finds that it is in the interest of the public welfare

that Tennessee farmers who are producers of milk and milk products be permitted and

encouraged to act jointly and in cooperation with other producers, handlers, dealers and

processors of milk products in promoting and stimulating, by advertising, research,

nutrition education and other methods, the increased consumption, use and sale of all

domestic milk and milk products without identification by brand or trade name.

§ 44-19-103 Chapter definitions

As used in this chapter, unless the context otherwise requires:

(1) "Commissioner" means the commissioner of agriculture;

(2) "Department" means the department of agriculture;

(3) "Handler" or "dealer" means any person, including any distributor, processor, bulk

handler, or operator of a store, who purchases or receives on consignment or

otherwise, milk or milk products of every kind and description, within the state, for sale,

shipment, storage, processing or manufacture;

(4) "Milk" means milk from cows and all of its natural components, sweet cream, sour

cream, skim milk, flavored milk, buttermilk, condensed or concentrated, whole, low fat,

or skim milk for use in milk products of every kind and description;

(5) "Person" means any individual, corporation, partnership, association, cooperative or

other business entity;

(6) "Processor" means any person engaged in the business of processing milk and other

materials into milk products of every kind and description;

(7) "Producer" means every person in the state of Tennessee who produces milk or cream

from cows and thereafter causes the same to be marketed as milk, cream or other milk

and dairy products who has been issued and possesses a valid current producer's

permit or certification, issued by the department;

(8) "Purchaser" means any handler, dealer or processor who purchases or receives milk

and milk products from producers on a commercial basis;

(9) "Referendum" means any voting procedure under which affected producers may, by

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secret ballot, vote for or against an assessment authorized by this chapter;

(10) "Tennessee dairy promotion committee" means a statewide committee appointed

by the commissioner established pursuant to this chapter; and

(11) "Vote" means to cast a ballot in a referendum.

§ 44-19-104 Actions not illegal or in restraint of trade

No association, meeting or activity undertaken pursuant to this chapter and intended to

benefit all of the producers, handlers and processors of milk products shall be illegal or

in restraint of trade.

§ 44-19-105 Referendum on assessment authorized

Producers of milk and milk products on a commercial basis may, by referendum of

producers held in accordance with this chapter, levy upon themselves an assessment on

milk products for the purpose of financing or contributing to the financing of a program of

promoting, advertising, researching and other methods designed to increase the

consumption, use and sale of domestic milk and milk products.

§ 44-19-106 Petition for assessment

Whenever the commissioner has received a petition signed by fifteen percent (15%) of

the producers of milk in the state of Tennessee, the commissioner shall publish the filing

of the petition through the medium of the public press in the state within fifteen (15) days

of the receipt thereof. The petition shall include, but not be limited to, the following:

(1) Date;

(2) Amount of assessment sought, subject to the limits set forth in this chapter, and any

change in assessment sought or the termination of an existing assessment;

(3) The date when, if approved, the assessment, change in assessment or

termination of an existing assessment will take effect; and

(4) A statement that the persons signing the petition are producers in Tennessee

holding a valid producer permit or certification issued by the department.

§ 44-19-107 Consideration and certification of petition

Upon the filing with the commissioner of a petition for referendum, the commissioner

shall, within fifteen (15) days thereafter, convene the Tennessee dairy promotion

committee, established by § 44-19-114, to consider the petition; and if upon such

consideration the committee finds the petition for referendum to meet the requirements

of this chapter, then, and in such an event, it shall be the duty of the commissioner to

certify the petition for referendum as provided in this chapter.

§ 44-19-108 Filing of petition -- Effect of referendum

The commissioner shall, within sixty (60) days after the filing of a petition for

referendum, and subject to a finding by the Tennessee dairy promotion committee that

the petition is properly filed, determine by referendum whether the producers assent to

the proposed assessment, change in assessment or termination of an existing

assessment. The producers shall be deemed to have assented to the assessment,

change in assessment or termination of an existing assessment if a simple majority of

those voting assent to the assessment, change in assessment or termination of an

existing assessment by affirmative vote.

§ 44-19-109 Conducting of referendum -- Voting -- Qualifications

(a) Any referendum conducted under this chapter shall be held on a statewide basis.

(b) Persons eligible to participate in the referendum shall include all producers engaged in

the production of milk products on a commercial basis, who have been issued and

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possess a valid current producer's permit, or certification, issued by the department.

permit or certificate.

§ 44-19-110 Supervision and cost of referendum

The manner, conduct, and management of any referendum held under this chapter shall

be under the supervision and direction of the commissioner. The expense of the

referendum shall be paid by the department if there is no assessment currently in effect;

otherwise, the Tennessee dairy promotion committee shall bear the cost of the

referendum as part of its regular budget.

§ 44-19-111 Notice of referendum and assessment -- Ballots

With respect to any referendum conducted under this chapter, the commissioner shall,

before calling and announcing such referendum, give notice of the effective date of the

assessment, if adopted, and the amount and basis of the assessment proposed to be

collected; provided, that no assessment levied under this chapter shall exceed ten cents

(10¢) per hundred weight. Voting in the referendum shall be by mail ballots returned to

an address determined and announced by the commissioner who shall mail a ballot to all

qualified producers eligible to vote in the referendum.

§ 44-19-112 Distribution of ballots -- Declaration of results

The commissioner shall prepare and distribute to all eligible voters, by mail, in advance

of the referendum, all necessary ballots for the purpose thereof; and following the

referendum and within ten (10) days following the return date for such ballots, the

commissioner shall canvass and publicly declare the result of the referendum.

§ 44-19-113 Implementation of results -- Imposition, notice and disposition of

assessment

Upon the approval of an assessment or a change in assessment in accordance with this

chapter, the commissioner shall notify forthwith, by certified mail, all persons engaged

either in the business of purchasing milk directly from producers or marketing milk in this

state, either individually or on behalf of producers, that on and after the date specified in

such letter, the specified assessment shall be deducted from the producer's payment for

the sale or marketing of milk. The assessment so deducted shall, on or before the

twenty-fifth day of the month following the end of the month in which milk is sold or

marketed, be remitted to the Tennessee dairy promotion committee established in this

chapter. These funds, including donations from individuals, concerns, corporations and

grants from state or governmental agencies, shall be used for the purpose of promoting

and stimulating by advertising, research, nutrition education and other methods, the

increased consumption, use and sale, of milk. The books and records relating to the

payment of the assessment of all persons who purchase or market milk shall at all times

during regular business hours be open for inspection by the commissioner or the

commissioner's duly authorized agents.

§ 44-19-114 Tennessee dairy promotion committee

(a) A Tennessee dairy promotion committee shall be established, which shall consist of

an odd number of members with no fewer than five (5) and no more than eleven (11)

members. The commissioner shall be an ex officio member with nonvoting status.

(b) The committee shall be organized as a statewide committee appointed by the

commissioner from nominations received from agricultural dairy cooperatives and

individual producers who are not members of agricultural dairy cooperatives in the

state of Tennessee, and shall be known as the Tennessee dairy promotion

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committee. Nominating procedures, qualifications, representation, and term of office

shall be prescribed by the commissioner. The committee shall be composed of

producers directly affected by the assessments in proportional representation by

method of marketing either through agricultural dairy cooperatives or by direct sale,

as the program shall prescribe.

accordance with the comprehensive travel regulations as promulgated by the

department of finance and administration and approved by the attorney general and

reporter, and fifty dollars ($50.00) per diem while attending meetings of the

committee or engaged in the performance of official responsibilities delegated by the

committee.

(d) The duties and responsibilities of the committee shall be prescribed by the

commissioner and, to the extent applicable, shall include the following duties and

responsibilities:

(1) Developing and recommending to the commissioner administrative rules and

procedures relating to the assessment;

(2) Recommending to the commissioner such amendments to the administrative

procedures as may be deemed advisable;

(3) Preparing and effectuating the estimated budget required for the proper

operation of the committee;

(4) Developing methods for assessing producers, and methods for collecting the

necessary funds;

(5) Collecting and assembling information and data necessary for the proper

administration of the assessment program;

(6) Contracting with existing non-brand dairy promotion organizations; and

(7) Performing any other duties necessary for the operation of the dairy industry

promotion program in coordination with the commissioner.

§ 44-19-115 Refund of promotion money

If and when the national program pursuant to the Dairy and Tobacco Adjustment Act of

1983 (Public Law 98-180) establishes a procedure for the return of promotion moneys to

the producer, at the producer's request, then and only then shall the Tennessee dairy

promotion committee, upon written request of any producer, refund from the funds

collected from that producer pursuant to this chapter the same proportion of moneys as

the national program. The refund request by affidavit of the individual producers shall

provide for the refund of moneys collected from that producer during the immediately

preceding three-month period, except producers may request a partial refund. Refund

forms shall be provided to producers at the producers' request by the committee, and

producers desiring refunds shall file refund forms before the end of the month

immediately following the three-month period for which the refund is being requested.

Producers shall establish their right to a refund by providing copies of vouchers or sales

receipts from processors or buyers showing contributions withheld from the producer

pursuant to this chapter.

§ 44-19-116 Deposits -- Disbursements

Any moneys collected pursuant to this chapter shall not be state funds, and shall be

deposited in a bank or other depository in this state, as from time to time determined by

the Tennessee dairy promotion committee, allocated to the dairy industry promotion

program under which they are collected, and disbursed by the committee only for

necessary expenses incurred with respect to the program, including expenses and per

diem of the committee, in accordance with the rules and regulations established under

the program by the commissioner.

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§ 44-19-117 Investments -- Use of funds

The Tennessee dairy promotion committee may invest all assessments, gifts or grants

that are collected or received by the committee. The committee may not use funds

received, collected or accrued for any purpose other than program operations including

the purposes designated for those funds in this chapter, and the reasonable costs or

expenses necessary to the operation of the committee. No such funds may be used to

influence either state or federal legislation or rule making.

§ 44-19-118 Change or termination of assessment -- Petition -- Referendum

Upon written petition duly signed by fifteen percent (15%) of the producers affected by

the assessment, the commissioner shall, in accordance with the procedure established

in §§ 44-19-109 -- 44-19-112, conduct a referendum to determine whether the

producers assent to a change of the assessment or to terminate the assessment. The

producers shall be deemed to have assented to a change of the assessment or

termination of assessment if a majority of those voting vote in favor of the change or

termination.

§ 44-19-119 Reports -- Information -- Audits

(a) The commissioner may require purchasers to file such information and reports as may

be reasonably necessary to assist in carrying out the purposes of this chapter.

(b) The Tennessee dairy promotion committee shall prepare an annual report of its

activities through June 30 of each year, and submit this report to the commissioner.

by assessment shall be subject to audit annually by the comptroller of the treasury.

The audit may be performed by a licensed independent public accountant selected by

the committee and approved by the comptroller of the treasury. The cost of any audit

shall be paid by the committee. The comptroller of the treasury shall ensure that audits

are prepared in accordance with generally accepted governmental auditing standards

and determine if the audits meet minimum audit standards prescribed by the

comptroller of the treasury. No audit may be accepted as meeting the requirements of

this section until approved by the comptroller of the treasury.

§ 44-19-120 Promulgation of rules and regulations

The commissioner may make and promulgate such rules and regulations in accordance

with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, as may be

necessary to effectuate the provisions and intent of this chapter.

§ 44-19-121 Orders and injunctions restraining violations -- Unpaid assessments

(a) Whenever in the judgment of the commissioner or the Tennessee dairy promotion

committee on recommendation to the commissioner, a purchaser is engaged in or is

about to engage in any acts or practices that constitute a violation of any of the

sections of this chapter, the commissioner may make application to a court of

appropriate jurisdiction for an order enjoining the act or acts or practices and obtain a

restraining order and preliminary injunction against the violation.

(b) Any due and payable assessment shall constitute a personal debt of every person who

is liable and the same sum shall be due and payable to the committee. In the event

any person fails to pay the full amount of the person's assessment before the due

date, the commissioner may add to the unpaid assessment an amount not exceeding

ten percent (10%) of the amount due to defray the cost of enforcing collection. In the

event any person fails to pay any due and payable assessment, the commissioner may

bring a civil action against that person for collection, together with the above specified

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ten percent (10%).

§ 44-19-122 Termination of assessments and chapter

If there is a termination of assessments pursuant to the Dairy and Tobacco Adjustment

Act of 1983 (Public Law 98-180), this chapter shall be null and void.

§ 44-20-101 Equine activities -- legislative findings and intent

The general assembly recognizes that persons who participate in equine activities may

incur injuries as a result of the risks involved in such activities. The general assembly

also finds that the state and its citizens derive numerous economic and personal

benefits from these activities. It is, therefore, the intent of the general assembly to

encourage equine activities by limiting the civil liability of those involved in such

activities.

§ 44-20-102 Equine activities -- definitions

As used in this chapter, unless the context otherwise requires:

(a)

(1)

(A) "Engages in an equine activity" means riding, training, assisting in medical

treatment of, driving, or being a passenger upon an equine, whether mounted

or unmounted or any person assisting a participant or show management.

(B) "Engages in an equine activity" does not include being a spectator at an equine

activity, except in cases where the spectator places the spectator's person in an

unauthorized area and in immediate proximity to the equine activity;

(2) "Equine" means a horse, pony, mule, donkey, or hinny;

(3) “Equine activity" means:

(A) Equine shows, fairs, competitions, performances, or parades that involve any or

all breeds of equines and any of the equine disciplines, including, but not limited

to, dressage, hunter and jumper horse shows, grand prix jumping, three-day

events, combined training, rodeos, driving, pulling, cutting, polo,

steeplechasing, English and western performance riding, endurance trail riding

and western games, and hunting;

(B) Equine training or teaching activities, or both;

(D) Riding, inspecting, or evaluating an equine belonging to another, whether or not

the owner has received some monetary consideration or other thing of value for

the use of the equine or is permitting a prospective purchaser of the equine to

ride, inspect, or evaluate the equine;

(E) Rides, trips, hunts, or other equine activities of any type, however informal or

impromptu, that are sponsored by an equine activity sponsor; and

(F) Placing or replacing horseshoes on an equine;

(1) "Equine activity sponsor" means an individual, group, club, partnership, or

corporation, whether or not the sponsor is operating for profit or nonprofit,

that sponsors, organizes, or provides the facilities for an equine activity,

including, but not limited to, pony clubs, 4-H clubs, hunt clubs, riding clubs,

school and college- sponsored classes, programs and activities, therapeutic

riding programs, and operators, instructors, and promoters of equine

facilities, including, but not limited to, stables, clubhouses, ponyride strings,

fairs, and arenas at which the activity is held;

(2) Equine professional" means a person engaged for compensation:

(A) In instructing a participant or renting to a participant an equine for the

purpose of riding, driving, or being a passenger upon the equine; or

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(B) In renting equipment or tack to a participant;

(3) "Inherent risks of equine activities" means those dangers or conditions that

are an integral part of equine activities, including, but not limited to:

(A) The propensity of an equine to behave in ways that may result in injury, harm,

or death to persons on or around them;

(B) The unpredictability of an equine's reaction to such things as sounds, sudden

movements, and unfamiliar objects, persons, or other animals;

(D) Collisions with other equines or objects; and

(E) The potential of a participant to act in a negligent manner that may contribute to

injury to the participant or others, such as failing to maintain control over the

animal or not acting within the participant's ability; and

(4) "Participant" means any person, whether amateur or professional, who engages in

an equine activity, whether or not a fee is paid to participate in the equine activity.

§ 44-20-103 Equine activities -- limitation on liability for injury or death of

participant

Except as provided in § 44-20-104, an equine activity sponsor, an equine professional, or

any other person, which shall include a corporation or partnership, shall not be liable for

an injury to or the death of a participant resulting from the inherent risks of equine

activities. Except as provided in § 44-20-104, no participant or participant's

representative shall make any claim against, maintain an action against, or recover from

an equine activity sponsor, an equine professional, or any other person for injury, loss,

damage, or death of the participant resulting from any of the inherent risks of equine

activities.

§ 44-20-104 Equine activities – applicability; where liability not prevented or

limited

(a) This chapter shall not apply to the horse racing industry as regulated in title 4, chapter

36.

(b) Nothing in § 44-20-103 shall prevent or limit the liability of an equine activity sponsor,

an equine professional, or any other person if the equine activity sponsor, equine

professional, or person:

(1)

(A) Provided the equipment or tack, and knew or should have known that the

equipment or tack was faulty, and the equipment or tack was faulty to the extent

that it did cause the injury; or

(B) Provided the equine and failed to make reasonable and prudent efforts to

determine the ability of the participant to engage safely in the equine activity and

determine the ability of the participant to safely manage the particular equine

based on the participant's representations of the participant's ability;

(2) Owns, leases, rents, or otherwise is in lawful possession and control of the land or

facilities upon which the participant sustained injuries because of a dangerous

latent condition that was known to the equine activity sponsor, equine professional,

or person and for which warning signs have not been conspicuously posted;

(3) Commits an act or omission that constitutes willful or wanton disregard for the

safety of the participant, and that act or omission caused the injury; or

(4) Intentionally injures the participant.

an equine professional:

(1) Under product liability provisions in title 29, chapter 28; or

(2) Under trespass provisions in chapter 8 of this title.

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(d) Title 70, chapter 7 does not apply to an equine activity sponsor or an equine

professional. It is the legislative intent that equine activity sponsors and equine

professionals be held to a higher standard of care.

§ 44-20-105 Equine activities – warning signs and notice required

(a) Every equine professional shall post and maintain signs that contain the warning

notice specified in subsection (b). The signs shall be placed in clearly visible

locations on or near stables, corrals, or arenas where the equine professional

conducts equine activities if the stables, corrals, or arenas are owned, managed, or

controlled by the equine professional. The warning notice specified in subsection (b)

shall appear on the sign in black letters, with each letter to be a minimum of one inch

(1'') in height. Every written contract entered into by an equine professional for the

providing of professional services, instruction, or the rental of equipment or tack or an

equine to a participant, whether or not the contract involves equine activities on or off

the location or site of the equine professional's business, shall contain in clearly

readable print the warning notice specified in subsection (b).

(b) The signs and contracts described in subsection (a) shall contain the following

warning notice: WARNING Under Tennessee Law, an equine professional is not

liable for an injury to or the death of a participant in equine activities resulting from

the inherent risks of equine activities, pursuant to Tennessee Code Annotated, title

44, chapter 20.

§ 44-21-101 Definitions

As used in this chapter, unless the context otherwise requires:

(1) “Bovine activity” means any activity involving one (1) or more bovine, including, but not

limited to:

(A) Grazing, herding, feeding, branding, milking or any other activity that involves the

care or maintenance of bovine;

(B) Bovine shows, fairs, competitions or auctions;

(D) Boarding bovine; or

(E) Riding, inspecting, or evaluating bovine;

(2) “Bovine owner” means any person with ownership rights to bovine;

(3) “Inherent risks of bovine activities” means dangers or conditions that are an integral

part of bovine activities, including, but not limited to:

(A) The propensity of a bovine to behave in ways that may result in injury, loss,

damage or death to persons on or around the bovine;

(B) The unpredictability of a bovine's reaction to sounds, sudden movements, and

unfamiliar objects, persons, or other animals;

(D) Collisions with other bovine or objects; and

(4) “Person” means an individual, corporation or any other legal entity.

§ 44-21-102 No liability for inherent risks of bovine activities

(a) A bovine owner shall not be liable for any injury, loss, damage, or death of a person

resulting from the inherent risks of bovine activities.

(b) Except as provided in § 44-21-103, no person shall make any claim against, maintain

an action against, or recover from a bovine owner for injury, loss, damage, or death of

the person resulting from the inherent risks of bovine activities.

§ 44-21-103 Bovine owner activities that preclude limitations on liability

(a) Nothing in § 44-21-102 shall prevent or limit the liability of a bovine owner if the owner:

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(1) Fails to post and maintain warning signs pursuant to § 44-21-104(a);

(2) Fails to maintain proper fences and enclosures pursuant to chapter 8 of this title; or

(3) Commits an act or omission that constitutes willful or wanton disregard for the

safety of the person, and that act or omission caused the injury, loss, damage, or

death.

(b) Title 70, chapter 7 shall not apply to a bovine owner if the injury, loss, damage or

death resulted from a bovine activity.

§ 44-21-104 Warning Signs

(a) A bovine owner shall post and maintain signs that contain the warning notice specified

in subsection (b). The signs shall be placed in clearly visible locations on or near

stables, corrals, fences, enclosures or arenas where the owner conducts bovine

activities. The warning notice specified in subsection (b) shall appear on the sign in

black letters, with each letter to be a minimum of one inch (1'') in height.

(b) The signs described in subsection (a) shall contain the following warning notice:

WARNING

Under Tennessee Law, a bovine owner is not liable for any injury, loss, damage, or

death of a person resulting from the inherent risks of bovine activities, pursuant to

Tennessee Code Annotated, title 44, chapter 21.

§ 49-6-4208 School Security Act of 1981 -- use of animals

To facilitate a search that is found to be necessary, dogs or other animals trained to

detect drugs or dangerous weapons by odor or otherwise may be used in conducting

searches, but the animals shall be used only to pinpoint areas needed to be searched

and shall not be used to search the persons of students or visitors.

§ 49-8-106 Reserve officer training

(a) The state university and community college system is authorized and empowered to

establish reserve officers training corps units in any public college or university under

its jurisdiction, to execute and deliver bond, with or without surety, in such manner and

on such terms and conditions as may be required by the United States, for the care

and safekeeping of the transportation animals, arms, ammunition, supplies, tentage

and equipment that may be necessary or desirable for the operation, conduct and

training of any reserve officers training corps units of the armed forces of the United

States authorized by law at any time, to be conducted in conjunction with any public

college or university under its jurisdiction.

(b) The authority delegated in subsection (a) to the state university and community college

system may, at its discretion, be redelegated by the system to the presidents of the

several universities, colleges and institutions, now or hereafter under control of the

system.

(d) Under authority of this section, suits may be brought by the United States against the

state university and community college system of this state.

§ 53-3-119 Use of milk from hoofed mammal for owner's personal consumption

or use – Safe milk-handling course – Cooperative agricultural extension funding

– Records – Penalty.

Nothing in this part or any other law shall be construed as prohibiting the independent or

partial owner of any hoofed mammal from using the milk from the animal for the owner's

personal consumption or other personal use.

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§ 53-7-302 Part definitions

As used in this part, unless the context otherwise requires:

(1) "Animal" means any member of the animal kingdom whether domesticated or wild, but

not including humans;

(2) "Animal product" means any product derived from any animal or animals that is or

could be suitable for human consumption;

(3) "Biological residue" means any substance, including metabolites, remaining in or on

any animal prior to or at the time of slaughter, in or on any of its tissues after

slaughter, or in or on any animal product as the result of treatment with or exposure of

the animal or animal product to any pesticide, organic or inorganic compound,

hormone-like substance, growth promoter, antibiotic, anthelmintic, tranquilizer, or

other therapeutic or prophylactic agent;

(4) "Commissioner" means the commissioner of agriculture or the commissioner's

designated representative; and

(5) "Person" means any individual, partnership, corporation, association or other business

unit.

§ 53-7-303 Administration -- Detention, quarantine and destruction of affected

animals and animal products

(a) This part shall be administered by the commissioner.

(b) Whenever any animal or animal product is found within the state to bear or contain any

biological residue that has been found to be hazardous to human health, as well as

any other animal or animal product that the commissioner has reason to believe

contains a biological residue, it may be detained or quarantined by order of the

commissioner. The animal or animal product shall remain under detention or

quarantine until such time as:

(1) The commissioner determines that the animal or animal product is within

established tolerances; or

(2) The animal or animal product is destroyed or otherwise disposed of in accordance

with regulations that the commissioner shall prescribe.

§ 53-7-304 Right of entry for examination purposes

The commissioner may enter at normal business hours every place where animals or

animal products are kept within the state, to examine the facilities, inventory and records

pertaining to the animals or animal products, to copy all records, and to take reasonable

samples of any animals or animal products, and to make additional investigations as to

the source and use of substances contributing to biological residues.

§ 53-7-305 Authority of commissioner to promulgate tolerance regulations

(a) The commissioner shall promulgate regulations setting forth tolerances for biological

residues in or on animals or animal products that are consistent with tolerances

adopted under authority of the Tennessee Food, Drug and Cosmetic Act, compiled in

chapter 1 of this title and the Tennessee Meat and Poultry Inspection Act, compiled in

part 2 of this chapter.

(b) No tolerances may be adopted that are in excess of or that are more restrictive than

those adopted by the United States department of agriculture or the federal food and

drug administration for biological residues.

§ 53-7-306 Violation of provisions -- Penalties

A violation of this part is a Class C misdemeanor.

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§ 53-7-307 Injunctive relief

In addition to the remedies provided in this part, the commissioner may apply to any

chancery court, and the chancery court shall have jurisdiction, for a temporary or

permanent injunction restraining any person from violating this part, regardless of

whether or not there exists an adequate remedy at law.

§ 55-4-317 Animal friendly license plates

(a) An owner or lessee of a motor vehicle who is a resident of this state, upon complying

with state motor vehicle laws relating to registration and licensing of motor vehicles

and paying the regular fee applicable to the motor vehicle and the fee provided for in §

55-4-204, shall be issued an "Animal Friendly" new specialty earmarked license plate

for a motor vehicle authorized by § 55-4-210(c).

(b) The new specialty earmarked plates provided for in this section shall contain an

appropriate image, design or logo that depicts an animal or animals and indicates

support for animal welfare.

(c)

(1)

(A) The funds produced from the sale of "Animal Friendly" new specialty earmarked

license plates, pursuant to § 55-4-215 shall be deposited in a special fund in

the general fund to be used exclusively for grants to non-profit organizations or

governmental agencies to provide low-cost spaying and neutering of

unsterilized animals to prevent and/or reduce animal overpopulation as well as

funding to defray costs incurred by the department of agriculture associated

with the licensing of dog and cat dealers pursuant to title 44, chapter 17, part 1,

not to exceed eighty thousand dollars ($80,000) per year and not to be available

to the department for such purposes after July 1, 2004. It is the intent of the

general assembly that the department sustain a grant program to spay and

neuter clinics in fiscal years 2003 and 2004 that at least approximates the level

of grant allocations in fiscal year 2002 subject to satisfactory qualifications of

the respective applicants.

(B) During the first fiscal year in which revenues derived from the fees collected

pursuant to title 44, chapter 17, part 1, exceed one hundred thirty thousand

dollars ($130,000), the department of agriculture shall allocate all the revenues

in excess of one hundred thirty thousand dollars ($130,000) to the animal

population control endowment fund. The department of agriculture shall

continue the procedure outlined in the preceding sentence during subsequent

fiscal years until such time as the department has made reimbursements to the

animal population control endowment fund in a total amount of one hundred

sixty thousand dollars ($160,000). The commissioner of agriculture is

authorized to make grants to eligible organizations to operate animal

sterilization programs from moneys available in the special fund.

(2) There is established a general fund reserve to be allocated by the general

appropriations act which shall be known as the "animal population control

endowment fund." Moneys from the fund may be expended to fund activities

authorized by this section. Any revenues deposited in this reserve shall remain in

the reserve until expended for purposes consistent with this section, and shall not

revert to the general fund on any June 30. Any excess revenues on interest earned

by the revenues shall not revert on any June 30, but shall remain available for

appropriation in subsequent fiscal years. Any appropriation from this reserve shall

not revert to the general fund on any June 30, but shall remain available for

expenditure in subsequent fiscal years.

(3) All revenues produced from the sale and renewal of the new specialty earmarked

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plates authorized by this section shall be allocated in accordance with the

provisions of § 55-4-215.

(d) “Animal Friendly” new specialty earmarked license plates shall bear the legend

“Spay/Neuter”; provided that plates bearing the legend “Spay/Neuter” shall only be

issued after existing supplies of animal friendly plates are exhausted through routine

issuance or reissuance.

§ 55-8-101 Rules of the Road -- definitions

As used in this chapter and chapter 10, parts 1-5, of this title, unless the context

otherwise requires:

...

(18) "Department" means the department of safety;

(19) "Driver" means:

(A) For purposes of a conventionally operated vehicle, every person who drives or

is in actual physical control of a vehicle; and

(B) For purposes of an ADS-operated vehicle and when the context requires, the

ADS when the ADS is engaged;

(68) "Roadway" means that portion of a highway improved, designed or ordinarily used

for vehicular travel, exclusive of the berm or shoulder. In the event a highway

includes two (2) or more separate roadways, "roadway" refers to any such roadway

separately but not to all such roadways collectively;

(91) "Vehicle" means every device in, upon or by which any person or property is or

may be transported or drawn upon a highway, excepting devices used exclusively

upon stationary rails or tracks.

(see full statute)

§ 55-8-105 Persons riding animals or driving animal-drawn vehicles

Every person riding an animal or driving any animal-drawn vehicle upon a roadway shall

be granted all of the rights and shall be subject to all of the duties applicable to the driver

of a vehicle by this chapter and chapter 10, parts 1-5 of this title, except those provisions

of this chapter and chapter 10, parts 1-5 of this title that by their very nature can have no

application.

§ 55-8-178 Regulations governing nonmotor vehicles and animals -- Penalty

(a) Every driver or person having charge of any nonmotor vehicle, on any of the public

roads in or of this state, on meeting and passing another vehicle, shall give one-half

(1/2) of the road by turning to the right, so as not to interfere in passing.

(b) When nonmotor vehicles on public roads are traveling in the same direction, and the

driver of the hindmost desires to pass the foremost, each driver shall give one-half

(1/2) of the road, the foremost by turning to the right, and the hindmost to the left.

(c)

(1) No driver shall stop a nonmotor vehicle on any of the public roads, for any cause or

pretense whatever, without turning so far to the right as to leave at least one- half

(1/2) of the road free, open, and unobstructed for other travelers and vehicles.

(2) Subdivision (c)(1) does not apply to a certified police cyclist engaged in the lawful

performance of duty relating to traffic control.

(d) Drivers of nonmotor vehicles on public roads shall pass each other in a quiet, orderly,

and peaceable manner, and shall not make any noise intended to disturb or frighten

the driver or the animals drawing nonmotor vehicles.

(e) No person shall willfully, by noise, gesture or by other means, on or near public roads,

disturb or frighten the driver or rider or the animals ridden or drawing vehicles thereon.

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(f)

(1) An intentional or careless violation of this section is a Class C misdemeanor.

(2) A willful or malicious violation of this section, whereby the death of any person is

occasioned, is a Class E felony.

(g)

(1) All horse-drawn vehicles and/or equipment, whether farm or passenger, shall be

equipped with a self-luminous white lamp which shall be visible from the front from

a distance of at least five hundred feet (500') and with a self-luminous red lamp on

the rear which shall be visible from a distance of at least five hundred feet (500') to

the rear.

(2) This subsection (g) applies only if the horse-drawn vehicle is used as the owner's

primary mode of personal or farm transportation and is regularly driven upon public

roads or highways or the rights-of-way thereof.

(3) This subsection (g) does not apply in any county having a population of not less

than three hundred nineteen thousand six hundred twenty-five (319,625) nor more

than three hundred nineteen thousand seven hundred twenty-five (319,725) or of

not less than eighty-eight thousand seven hundred (88,700) nor more than eighty-

eight thousand eight hundred (88,800), according to the 1980 federal census or

any subsequent federal census.

§ 55-8-179 Use of raised identifying cane or blaze orange dog leash restricted to

blind or deaf persons

(a) No person, unless totally or partially blind or otherwise incapacitated, while on any

public street or thoroughfare shall carry in any raised or extended position any cane or

similar walking stick colored white or white tipped with red.

(b) No person, unless totally or partially deaf, shall carry, hold, or use on any street,

highway, or in any other public place, a leash blaze orange in color on any dog

accompanying that person.

§ 55-8-180 Pedestrians led by guide dog or carrying identifying cane given right

of way; penalty

(a) Whenever any pedestrian guided by a guide dog or dog on a blaze orange leash, or

carrying in any raised or extended position a cane or similar stick white in color or

white tipped with red, shall undertake to cross any public street or thoroughfare in this

state, the driver of each and every vehicle approaching that pedestrian carrying the

cane or stick or conducted by such dog shall bring such vehicle to a complete stop and

before proceeding shall take all precautions necessary to avoid injuring the pedestrian;

provided, that nothing in this section shall be construed as making any person totally

or partially blind or otherwise incapacitated guilty of contributory negligence in

undertaking to cross any street or thoroughfare without being guided by a trained dog

or carrying a cane or stick of the type specified in subsection (a).

(b) A violation of this section is a Class C misdemeanor.

§ 56-2-201 Definitions of kinds of insurance

Kinds of insurance are defined as follows:

...

(2) “Casualty insurance” includes vehicle insurance, disability insurance, and in addition

is:

...

(G) "Liability insurance," which is insurance against legal liability for the death,

injury, or disability of any person, or for damage to property; and insurance of

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medical, hospital, surgical and funeral benefits to persons injured, regardless

of legal liability of the insured, when issued as an incidental coverage with or

supplemental to liability insurance;

(H) "Livestock insurance," which is insurance against loss of or damage to any

domesticated or wild animal resulting from any cause;

(see full statute)

§ 56-7-2101 Pet Insurance -- "Pet" defined

As used in this part, "pet" means any domesticated animal normally maintained in or

near the household of its owner.

§ 56-7-2102 Pet Insurance -- policies or contracts

Any insurer writing any coverage to which this title applies may offer group or individual

policies or contracts that provide benefits for hospital and medical services for pets;

provided, that these services are provided by a veterinarian licensed pursuant to title 63,

chapter 12, or by the laws of any other state. The policy or contract may provide for

exclusions or deductibles, or both.

§ 56-7-2103 Pet Insurance -- disclosure

All policies issued pursuant to this part shall clearly disclose on the face of the policy:

(1) The annual premium for the policy; and

(2) The benefits provided by the policy.

§ 62-3-132 Animals permitted in barbershops

No animals, except service animals, fish for decorative purposes, and birds in cages,

shall be permitted in any barber shop. Bird cages in barber shops shall be cleaned

daily. Departmental inspectors shall ensure bird cages are cleaned sufficiently to

prevent any hazard to human health or well-being.

§ 62-7-112 Dog guide to be admitted; penalties

(a)

(1) "Dog guide in training":

(A) Means a dog being trained by an employee or puppy raiser from a recognized

training agency or school to do work or perform tasks for the benefit of an

individual with a disability, including a physical, sensory, psychiatric, intellectual,

or other mental disability; and

(B) Includes a dog in the socialization process that occurs with the dog's training or

raiser prior to the dog's advanced training and that is authorized by an

accredited school; and

(2) "Place of public accommodation, amusement, or recreation":

(A) Means a place, store, or other establishment, either licensed or unlicensed, that

supplies goods or services to the general public, or solicits or accepts the

patronage or trade of the general public, or that is supported directly or

indirectly by government funds, except that:

(i) A bona fide private club is not a place of public accommodation, resort, or

amusement if its policies are determined solely by its members; and

(ii) Its facilities or services are available only to its members and their bona fide

guests; and

(B) Includes an inn, hotel, restaurant, eating house, barber shop, billiard parlor,

store, public conveyance on land or water, theater, motion picture house, public

education institution, or elevator.

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(b)

(1) A proprietor, employee, or other person in charge of a place of public

accommodation, amusement, or recreation shall not refuse to permit a blind,

physically disable, or deaf or hard of hearing person to enter the place of public

accommodation, amusement, or recreation or to make use of the accommodations

provided by the public accommodation when the accommodations are available,

for the reason that the blind, physically disabled, or deaf or hard-of-hearing person

is being led or accompanied by a dog guide.

(2) A dog guide must be under the control of its handler.

(3) A place of public accommodation, amusement, or recreation shall not require

documentation regarding the dog guide, such as proof that the guide dog has been

certified, trained, or licensed as a dog guide.

amusement, or recreation:

(1) Shall not refuse to permit a dog guide trainer to enter the place of public

accommodation, amusement, or recreation or to make use of the accommodations

provided by the public accommodation when the accommodations are available,

for the reason that the dog guide trainer is being led or accompanied by a dog

guide in training; provided, that:

(A) The dog guide in training, when led or accompanied by a dog guide trainer:

(i) Wears a harness and is held on a leash by the dog guide trainer; or

(ii) Is held on a leash by the dog guide trainer; and

(B) The dog guide trainer presents for inspection credentials issued by an

accredited school for training dog guides; and

(2) May ask what task the dog guide in training is being trained to perform, and if the

trainer is currently engaged in the training of the dog guide.

(d) A person who utilizes a guide dog for tasks related to the person's disability or a trainer

working with a dog guide in training is subject to the same liability for damages caused

by the dog guide or dog guide in training as would be applied by the place of public

accommodation, amusement, or recreation to a person whose pet causes damages to

the place of public accommodation, amusement, or recreation.

(e) A place of public accommodation, amusement, or recreation is not required to provide

care or food, or a special location, for a dog guide or dog guide in training.

§ 62-19-103 Requirements for Auctioneers -- exemptions

The provisions of this chapter do not apply to:

...

(6) An auction conducted for the sale of livestock sponsored through or in cooperation

with the state department of agriculture or the University of Tennessee extension, or

both;

(8) A livestock auction sale regulated by the United States department of agriculture

packers and stockyards administration, if the sale uses:

(A) The shipper's proceeds account required by federal regulations; and

(B) An auctioneer licensed under this chapter;

(9) Any fixed price or timed listings that allow bidding on an internet web site, but do not

constitute a simulcast of a live auction;

(see full statute)

§ 62-19-111 Auctioneers -- general licensing provisions

…

(o) Auctions for the sale of registered livestock must be conducted by a licensed

auctioneer. The auctioneer is exempt from issuing closing statements and disbursing

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funds if such responsibilities are performed by a duly chartered livestock association

or livestock breed association.

(see full statute)

§ 63-12-102 Tennessee Veterinary Practice Act of 1967 -- purpose

It is hereby declared that the practice of veterinary medicine is a privilege that is granted

by legislative authority in the interest of the public health, safety and welfare. To protect

the public from being misled by incompetent, unscrupulous and unauthorized

practitioners and from unprofessional or illegal practices by persons licensed to practice

veterinary medicine, this chapter is enacted in the interest of the health, safety and

welfare of the animal population and the citizens of Tennessee.

§ 63-12-103 Tennessee Veterinary Practice Act of 1967 – definitions

As used in this chapter:

(1) “Animal” means any animal other than man and includes fowl, birds, reptiles and

fish, wild or domestic, living or dead;

(2) “Board” means the board of veterinary medical examiners;

(3) “Certified animal control agency” means a county or municipal animal shelter, dog

pound or animal control agency, private humane society, state, county or municipal

law enforcement agency, or any combination thereof, that temporarily houses

stray, unwanted or injured animals and that is certified pursuant to this chapter;

(4) “Certified animal euthanasia technician” means a person employed by a certified

animal control agency who is authorized by the board to humanely euthanize

animals by administering such drugs as are designated by the board for such use;

(5) “Complainant” means the board or any other person who initiates a proceeding;

(6) “Consultation” means when a licensed veterinarian receives advice in person,

telephonically, electronically, or by any other method of communication, from a

veterinarian licensed in this or any other state, or other person whose expertise, in

the opinion of the licensed veterinarian, would benefit a patient. Under all

circumstances, the responsibility for the welfare of the patient remains with the

licensed veterinarian receiving consultation;

(7) “License” means any permit, approval, registration or certificate issued by the

board;

(8) “Licensed veterinarian” means a person who is validly and currently licensed to

practice veterinary medicine in this state;

(9) “Licensed veterinary technician” means a person who has successfully completed

the examination requirements prescribed by the board and has been issued a

license;

(10)

(A)“Practice of veterinary medicine” means to:

(i) Diagnose, treat, correct, change, alleviate, or prevent animal disease, illness,

pain, deformity, defect, injury, or other physical, dental, or mental conditions

by any method or mode, including:

(a) The prescription, dispensing, administration or application of any drug,

medicine, biologic, apparatus, anesthetic, or other therapeutic or

diagnostic substance or medical or surgical, including cosmetic,

technique;

(b) The use of complementary, alternative, and integrative therapies;

the testing of pregnancy, or for the management or treatment of sterility or

infertility;

(d) The rendering of advice or recommendation by any means including

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telephonic and other electronic communications with regard to

subdivisions (10)(A)(i)(a)-(c); and

(e) The collection of blood or other samples for the purpose of diagnosing

disease or other conditions. This shall not apply to:

(1) Any unlicensed personnel employed by the United States department

of agriculture or the Tennessee department of agriculture who are

engaged in animal disease control programs, or who perform

laboratory examinations. This section does not prohibit extension

personnel or vocational agriculture teachers from doing educational

work that is considered normal to their profession in their government

positions; or

(2) The removal of an embryo from livestock or companion animal for the

purpose of transplanting such embryo into another female animal or

for the purpose of cryopreserving such embryo;

(ii) Represent, directly or indirectly, publicly or privately, an ability and willingness

to do an act described in subdivision (10)(A); and

(iii) Use any title, words, abbreviation, or letters in a manner or under

circumstances that induce the belief that the person using them is qualified to

do any act described in subdivision (10)(A)(i). Such use shall be prima facie

evidence of the intention to represent oneself as engaged in the practice of

veterinary medicine;

(B) The practice of veterinary medicine occurs wherever the patient is at the time

services are rendered;

(11) “Preceptor” means a person who is a last year student duly enrolled and in good

standing in a recognized college of veterinary medicine. Such person's presence

in a practice may be as part of a formal preceptorship program of the person's

college or as an informal arrangement between the person and a veterinarian

licensed by the board. The preceptor must be under direct supervision of such

licensed veterinarian;

(12) “Responsible supervision” or words of similar purport mean the control, direction

and regulation by a licensed veterinarian of the duties involving veterinary

services that such veterinarian delegates to such veterinarian's personnel;

(13) “School of veterinary medicine” means any veterinary school or college,

department of a university or college, legally organized, whose course of study in

the art and science of veterinary medicine conforms to the standards required for

accreditation by the American Veterinary Medical Association and approved by

the board;

(14) “Temporary license” means temporary permission to practice veterinary medicine

issued pursuant to this chapter;

(15) “Unprofessional or unethical conduct,” among other things, means any conduct of

a character likely to deceive or defraud the public, objectionable advertising,

obtaining any fee or compensation by fraud or misrepresentation, sharing office

space with any person illegally practicing veterinary medicine, employing either

directly or indirectly any unlicensed person to practice veterinary medicine or

render any veterinary service except as provided in this chapter or the violation of

any rule adopted by the board, which shall provide a code of professional ethics

to be followed and carried out by persons licensed under this chapter;

(16) “Veterinarian” means a person who has received a doctor of veterinary medicine

degree or its equivalent from an approved school or college of veterinary

medicine;

(17) “Veterinarian-client-patient relationship” means:

(A) The veterinarian has assumed responsibility for making clinical judgments

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regarding the health of the animal and the need for medical treatment, has

obtained informed consent, and the client has agreed to follow the veterinarian's

instructions;

(B) The veterinarian has sufficient knowledge of the animal to initiate at least a

general or preliminary diagnosis of the medical condition of the animal;

personally acquainted with the keeping and care of the animal, either by virtue of

an examination of the animal or by medically appropriate visits to the premises

where the animal is maintained within the last twelve (12) months;

(D) The veterinarian is readily available or has arranged for emergency coverage for

follow-up evaluation in the event of adverse reactions or the failure of the

treatment regimen;

(E) The veterinarian must maintain medical records as required by the board of

veterinary medical examiners; and

(F) The veterinarian-client-patient relationship cannot be established or maintained

solely by telephone or other electronic means;

(18) “Veterinary facility” means:

(A) Animal medical center — A veterinary or animal medical center means a facility

in which consultative, clinical and hospital services are rendered and in which a

large staff of basic and applied veterinary scientists perform significant research

and conduct advanced professional educational programs;

(B) Clinics — A veterinary or animal clinic means a facility in which the practice

conducted is essentially an outpatient type of practice;

conducted includes the confinement, as well as the treatment, of patients;

(D) Mobile facility — A practice conducted from a vehicle with special medical or

surgical facilities or from a vehicle suitable only for making house or farm calls.

Regardless of mode of transportation, such practice shall have a permanent base

of operations with a published address and telephone facilities for making

appointments or responding to emergency situations; and

(E) Office — A veterinary facility where a limited or consultative practice is

conducted and that provides no facilities for the housing of patients;

(19) “Veterinary medicine” includes veterinary surgery, obstetrics, dentistry and all

other branches or specialties of veterinary medicine; and

(20) “Veterinary technician” means a person who is a graduate of a veterinary

technology program accredited by the American Veterinary Medical Association.

§ 63-12-112 Tennessee Veterinary Practice –qualifications or applicants

(a) Any person wishing to practice veterinary medicine in this state shall obtain a license

from the board. It is unlawful for such person to practice veterinary medicine as

defined in § 63-12-103 unless the person obtains a license; and if the person so

practices, the person shall be considered to have violated the provisions of this

chapter.

(b) The board may admit to examination any applicant who submits satisfactory evidence

that the applicant:

(1) Is a graduate of a school or college of veterinary medicine approved by the

board;

(2) Is in good physical and mental health;

(3) Is of good moral character;

(4) Is a citizen of the United States or Canada or legally entitled to live within the

United States;

(5) Subscribes to and will uphold the principles incorporated in the Constitution of

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the United States; and

(6) Has paid the required fee.

on September 1, 1967, is considered to be licensed to practice veterinary medicine

under this chapter and is subject to all the provisions thereof.

§ 63-12-113 Tennessee Veterinary Practice – temporary licenses

The board may issue a temporary license to practice veterinary medicine, to be used

only under the direct supervision of a licensed veterinarian, upon payment of a fee as

set by the board, to

(1) A veterinarian who meets all qualifications and requirements pursuant to this chapter

and who has applied to take the examination as provided in § 63-12-115. Such license

shall remain valid until the results of the examinations are made known to the

applicant;

(A) Failure on both examinations will result in immediate termination of the license;

(i) If the applicant fails one (1) of the examinations, the applicant may be issued a

second temporary license but must continue under direct supervision of a

licensed veterinarian and only until the results of the next regularly scheduled

examination are known;

(ii) If an applicant fails the same examination on two (2) separate testing dates,

the applicant may, in the discretion of the board, and upon agreeing to meet

any additional requirements of the board, be issued a third temporary license

for up to one (1) year, plus the time until the results of the second regularly

scheduled examination after issuance of the temporary license are made

known;

(iii) No applicant shall be allowed to take the same examination more than three

(3) times;

(B) During the validity of the temporary license, the applicant must be under the

direct supervision of a licensed veterinarian;

address of practice of the supervising veterinarian and any other requirements

specified by the board in rules and regulations;

(2)

(A) A veterinarian duly licensed according to the laws of another state and who has

made application for permanent licensure in Tennessee;

(i) A temporary license issued under the provisions of this section shall be valid until

the board rules on the applicant's request;

(ii) If the board's decision is to issue a license without examination, the temporary

license expires on receipt of the permanent license;

(iii) If the board's decision is for examination, the law applies as stated in subdivision

(1);

(B) An applicant who holds a license in another state or states must provide the

name or names of such states, meet all qualifications and requirements

pursuant to this chapter, provide the name and address of practice of the

supervising veterinarian, and meet such other requirements as specified by the

board in rules and regulations. All information submitted by an applicant will be

subject to verification by the board;

(3) A graduate of a nonaccredited or nonapproved college of veterinary medicine who

has satisfactorily completed the fourth year of clinical study at an accredited or

approved college of veterinary medicine, successfully passed the examination as

provided in § 63-12-115 and is enrolled in the Educational Commission for Foreign

Veterinary Graduates (ECFVG) program of the American Veterinary Medical

162

Association or other certification program deemed by the board to be equivalent to

the ECFVG program may be granted a temporary license. The holder of a

temporary license issued under this section must practice under the direct

supervision of a veterinarian licensed in Tennessee. The temporary license is valid

until the candidate obtains the ECFVG or equivalent certification; provided, that a

temporary license issued pursuant to this section shall not be valid for more than a

maximum of eighteen (18) months from the date the temporary license is issued.

§ 63-12-118 Veterinary wellness committees

(a) As used in this section, “veterinary wellness committee” or “committee” means any

committee, board, commission, or other entity established by any state-wide veterinary

medical association or local veterinary medical association for the purpose of providing

immediate and continuing help to veterinary professionals licensed to practice

veterinary medicine or veterinary technology, students of veterinary medicine and

veterinary technology, certified animal euthanasia technicians, and employees of

veterinary practices in this state who suffer from physical or mental conditions that

result from disease, disorder, trauma, or age and that impair their ability to perform

their duties in veterinary medicine with reasonable skill and safety.

(b) Veterinary wellness committee members, employees, and agents, including

volunteers, taking any action authorized by this chapter, engaging in the performance

of any duties on behalf of the committee, or participating in any administrative or

judicial proceeding resulting from their participation on the committee, shall be immune

from civil or criminal liability with respect to any action taken in good faith and without

malice.

or produced by a veterinary wellness committee and any findings, conclusions,

reports, or recommendations resulting from the proceedings of the committee are

privileged and confidential. Information and actions taken by the committee shall be

privileged and held in strictest confidence and shall not be disclosed or required to be

disclosed to any person or entity outside of the committee, unless such disclosure is

authorized by the member of the veterinary profession to whom it relates. Nothing

contained in this subsection (c) applies to records, documents, or information

otherwise available from original sources, and such records, documents, or

information are not immune from discovery or use in any civil proceedings solely due

to having been presented to the committee.

§ 63-12-119 Penalty for unlicensed practice

Any person who practices or attempts to practice veterinary medicine in this state and

makes a charge for the practice without having complied with the provisions of this

chapter commits a Class B misdemeanor for each instance of such practice.

§ 63-12-124 Denial, suspension or revocation of veterinary license; investigation;

immunity of informants

(a) The board, pursuant to the procedure prescribed in this section, has the power to deny,

suspend or revoke any license or to otherwise discipline an applicant or licensee who

is found guilty by the board of one (1) or more of the following:

(1) Willful or repeated violation of any provisions of this chapter or any rules of the

board;

(2) Fraud or deceit in procuring or attempting to procure a license to practice

veterinary medicine, or presenting to the board dishonest or fraudulent evidence of

qualification or fraud or deception in the process of examination for the purpose of

securing a license;

163

(3) The willful failure to display a license;

(4) Fraud, deception, misrepresentation, dishonest or illegal practices in or connected

with the practice of veterinary medicine in any of its branches;

(5) Willfully making any misrepresentation in the inspection of food for human

consumption;

(6) Fraudulently issuing or using any health certificate, vaccination certificate,

inspection certificate, test chart or other blank form used in the practice of

veterinary medicine to the dissemination of animal disease, transportation of

diseased animals or the sale of inedible products of animal origin for human

consumption;

(7) Fraud or dishonesty in applying, treating or reporting on tuberculin, diagnostic or

other biological test;

(8) Failure to keep the equipment and premises of the business establishment in a

clean and sanitary condition;

(9) Refusing to permit the board or any legal representative of the board to inspect the

business premises of the licensee during regular business hours;

(10) Circulating knowingly untrue, fraudulent, misleading or deceptive advertising;

(11) Gross malpractice or a pattern of continued or repeated malpractice, ignorance,

negligence or incompetence in the course of veterinary medical practice;

(12) Unprofessional or unethical conduct or engaging in practices in connection with

the practice of veterinary medicine that are in violation of the standards of

professional conduct as defined in this section or prescribed by the rules of the

board;

(13) Conduct reflecting unfavorably upon the profession of veterinary medicine;

(14) The willful making of any false statement as to a material matter in any oath or

affidavit that is required by this chapter;

(15) Revocation by another state of a license to practice veterinary medicine in that

state, in which case the record of such revocation shall be conclusive evidence;

(16) Conviction on a charge of cruelty to animals;

(17) Conviction of a felony under federal or state law involving use, misuse,

possession or sale of any controlled substance or controlled substance analogue;

(18) Conviction of a felony in the courts of this state, or of any other state, territory or

country that, if committed in this state, would be a felony;

(A) The record of conviction in a court of competent jurisdiction shall be sufficient

evidence for disciplinary action to be taken as may be considered proper by the

board. (20) For the purpose of this chapter, a conviction shall be considered to

be a conviction that has been upheld by the highest appellate court having

jurisdiction or a conviction upon which the time for filing an appeal has passed;

and

(B) A record of conviction upon charges that involve the unlawful practice of

veterinary medicine; and based upon such record of conviction, without any

other testimony, the board may take temporary disciplinary action even though

an appeal for review by a higher court may be pending;

(19) Permitting or allowing another to use the licensee's license for the purpose of

treating or offering to treat sick, injured or affected animals;

(20) Engaging in the practice of veterinary medicine under a false or assumed name or

the impersonation of another practitioner of a like, similar or different name;

(21) Has been guilty of employing or permitting any person who does not hold a

license to practice veterinary medicine in this state to perform work that, under this

chapter, can lawfully be done only by persons holding such license and permitted

by law to practice veterinary medicine in this state. It shall be conclusively

presumed that any unlicensed person, if employed by a licensed person, was

164

employed for such purpose if the unlicensed person has attended any school of

veterinary medicine or surgery, accredited or otherwise, for a period of over thirty

(30) days;

(22) Addiction to the habitual use of intoxicating liquors, narcotics or other stimulants

to such an extent as to incapacitate the applicant or licensee from the performance

of the applicant's or the licensee's professional obligations and duties;

(23) Professional incompetence;

(24) Having been adjudged mentally incompetent by a court of competent jurisdiction

and the disabilities of such person not having been restored or the voluntary

commitment or admission to a state hospital or other mental institution. The record

of adjudication, judgment, order or voluntary commitment is conclusive evidence of

such mental illness; and upon receipt of a certified copy of any such adjudication,

judgment, order or record of voluntary commitment by the board, it may suspend

the license of the person so adjudicated or committed;

(25) Failure to report, as required by law, or making false report of, any contagious or

infectious disease as referred to under the United States department of agriculture

(U.S.D.A.) standards for accreditation of veterinarians in Tennessee and other

states;

(26) Has been found guilty of using biologicals or other drugs that have deteriorated or

after the expiration date of that particular lot or serial number;

(27) Has been convicted of any crime involving moral turpitude; or

(28) Dispensing, prescribing or otherwise distributing any controlled substance or any

other drug not in the course of the accepted practice of veterinary medicine;

(29) Practicing veterinary medicine without establishing and maintaining a valid

veterinarian-client-patient relationship.

(b) The board may, on its own motion, cause to be investigated any report indicating that a

veterinarian is or may be in violation of the provisions of this chapter.

veterinarian is or may be in violation of any provisions of this chapter shall not be

subject to suit for civil damages as a result thereof.

(d) An action taken under this section shall be subject to the applicable provisions of the

Fresh Start Act that are compiled in chapter 1, part 1 of this title.

§ 63-12-128 Disciplinary orders against violators; judicial review

(a) The board has the authority to enter an order to discipline any person, corporation or

other similar organization, public or private, for-profit or not-for-profit, who or which,

after proper hearing, has been found guilty by the board of a violation of one (1) or

more provisions of this chapter or any rule of the board. The board, based upon the

evidence and its findings of fact, may enter its final order, which may include one (1) or

more of the following provisions:

(b) Immediately upon entry of the final order by the board, a copy thereof shall be

delivered to the respondent and the respondent's counsel, if any, either personally or

by registered or certified mail.

provided by the laws of this state.

§ 63-12-129 Tennessee Veterinary Practice Act of 1967 -- enforcement

(a) The enforcement of the laws and rules of the board regulating the practicing of

veterinary medicine in this state is primarily vested in the board, who may have the

following powers and duties:

(1) To employ investigators, counsel and clerical assistance or any other necessary

personnel;

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(2) To inspect all veterinary facilities to determine sanitary conditions, physical

equipment, methods of operation, keeping of records, etc. This inspection shall be

by a member of the board or a licensed veterinarian representing the board;

(3) To inspect licenses; and

(4) To conduct investigations of all alleged violations.

(b) The powers granted to the board shall not curtail or in any manner affect or eliminate

the duties, efforts and assistance of the department of health in the enforcement of this

chapter.

and powers shall be paid from the funds of the board and in all respects treated as

other expenses of the board, subject to the provisions of this chapter.

§ 63-12-130 Tennessee Veterinary Practice Act -- prosecution of violators

(a) The state and county prosecuting attorneys shall prosecute all persons charged with

the violation of any of the provisions of this chapter or rules of the board.

(b) The secretary-treasurer of the board, or other person employed or designated by the

board, shall assist the prosecuting attorneys by furnishing them evidence of such

violations whenever the board comes into possession of same.

§ 63-12-131 Criminal law and procedure; false personation

Any person filing or attempting to file as the person's own the diploma or license of

another, a forged or fictitious license or diploma or certificate or forged affidavit or

identification commits a Class E felony.

§ 63-12-132 Tennessee Veterinary Practice Act -- enjoining violations

In addition to the penalties herein provided in this chapter, the board may institute legal

proceedings to enjoin the violation of the provisions of this chapter or rules of the board

in any court of competent jurisdiction; and such court may grant a temporary or

permanent injunction restraining the violation thereof.

§ 63-12-133 Tennessee Veterinary Practice Act of 1967 -- exemptions

(a) This chapter shall not be construed as applying to:

(1) Students in schools or colleges of veterinary medicine when in performance of

duties or actions assigned by their instructors or when working under the

immediate supervision of a licensed veterinarian;

(2) Any lawfully qualified veterinarian residing in another state or country, when

meeting in consultation with a licensed veterinarian of this state, who:

(A) Does not open an office or appoint a place to do business within this

state;

(B) Does not print or use letterhead or business cards reflecting addresses in this

state;

practice's address within this state; and

(D) Practices veterinary medicine as a consultant while rendering services directly

to the public, under the direction of and in consultation with licensees of this

state, for less than twelve (12) days per calendar year.

(3) Any veterinarian in the employ of a state agency or the United States government

while actually engaged in the performance of the veterinarian's official duties;

however, this exemption shall not apply to such person when the person is not

engaged in carrying out the person's official duties or is not working at the

installations for which the person's services were engaged;

(4) Prevent any person or the person's regular employee from administering to the

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ills and injuries of the person's own animals, including, but not limited to,

castration of animals and dehorning of cattle, unless title has been transferred or

employment provided for the purpose of circumventing this law;

(5) State agencies, accredited schools, institutions, foundations, business

corporations or associations, physicians licensed to practice medicine and

surgery in all its branches, graduate doctors of veterinary medicine or persons

under the direct supervision thereof, who or which conduct experiments and

scientific research on animals in the development of pharmaceuticals,

biologicals, serums or methods of treatment or techniques for the diagnosis or

treatment of human ailments, or when engaged in the study and development of

methods and techniques directly or indirectly applicable to the problems of the

practice of veterinary medicine;

(6) Veterinary aides, nurses, laboratory technicians or other employees of a licensed

veterinarian who administer medication or render auxiliary or supporting

assistance under the responsible supervision of such licensed veterinarian;

(7) Any person gratuitously treating animals in cases of emergency; provided, that

the person does not claim to be a veterinarian or use any title or degree

appertaining to the practice thereof;

(8) Any merchant or manufacturer selling at the merchant's or manufacturer's regular

place of business medicines, feed, appliances or other products used in the

prevention or treatment of animal diseases. This shall not be construed to

authorize the sale of medicines or biologicals that must be obtained by a

prescription from a veterinarian, but shall only include the right to sell those

medicines that are classified as proprietary and that are commonly known as

over-the-counter medicines;

(9) Any person advising with respect to or performing acts that the board by rule has

prescribed as accepted livestock management practice;

(10) Any person or such person's employees when removing an embryo from the

person's own food animal for the purpose of transplanting or cryopreserving such

embryo; and

(11) The use of any manual procedure for the testing of pregnancy in bovine

animals when performed by a farmer as defined in § 67-6-207(e)(1), (3), (4) and

(5), only if:

(A) Such farmer testing for pregnancy is not compensated by the person who

owns such animals, other than by the exchange of services for or the use of

equipment by such farmer performing the pregnancy test; and

(B) The results of such testing are for the owner's use only and not to affect

commerce.

(b) The operations known as castrating and dehorning are not regarded as practicing

veterinary surgery, and nothing in this chapter shall be construed to prohibit anyone

from castrating or dehorning any wild or domestic animal.

the artificial insemination of livestock, as the term livestock is defined in § 39-14-201.

The practice of artificial insemination shall be considered an accepted livestock

management practice.

(d) [Deleted by 2018 amendment.]

§ 63-12-134 Lien for services

(a) Every licensed veterinarian has a lien on each animal or pet treated, boarded or

cared for by the veterinarian while in the veterinarian's custody and under contract

with the owner of such animal or pet for payment of charges for treatment, board or

care of such animal or pet. Such veterinarian has the right to retain such animal or

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pet until such charges are paid.

(b)

(1) If the charges due for the services named in this section are not paid within ten (10)

days after demand for the charges due on the owner of such animal or pet, in

person, or by registered or certified mail with return receipt requested, addressed

to the owner at the address given when such animal or pet is delivered, and the

receipt has been returned by the United States postal authorities, such animal or

pet shall be deemed to be abandoned and the licensed veterinarian is authorized

to sell the animal or pet either at public or private sale and if the veterinarian does

not succeed in selling such animal or pet within ten (10) days, then the veterinarian

is authorized to dispose of such animal or pet in any manner that the veterinarian

deems proper or turn the animal or pet over to the nearest humane society or dog

pound in the area for disposal as such custodian deems proper.

(2) An animal shall also be considered abandoned by its owner if the owner gives a

licensed veterinarian a false address and telephone number and the demand

mailed by the licensed veterinarian by registered or certified mail, return receipt

requested, is returned undelivered. Under the circumstances provided in this

subdivision (b)(2), the licensed veterinarian may consider the animal abandoned

when the veterinarian receives notice that the mailed demand is undeliverable; and

the licensed veterinarian may dispose of the animal as provided in subdivision

(b)(1). As an alternative, the licensed veterinarian may turn the animal or pet over

to the nearest humane society or animal control shelter in the area for disposition

of the animal as such custodian deems proper without first offering the animal or

pet for sale.

veterinarian or any custodian to whom such animal or pet may be given of any

further liability for disposal.

(d) Failure of the owner of any such animal or pet to receive the demand by registered

or certified mail provided for in this section does not render the licensed veterinarian

liable to the owner of such animal or pet for the disposal thereof in any manner

provided in this section.

(e) When any animal or pet is sold as authorized in this section to satisfy a lien for any of

the services enumerated, any moneys realized from the sale, less such charges and

any expenses incurred in making the demand for payment thereof in connection with

the sale, shall be paid to the owner of the animal or pet.

(f) No legal proceeding for the enforcement of the lien created by this law is necessary

concerning abandoned animals as defined in subsection (b), other than compliance

with the requirements provided in this section.

§ 63-12-135 Licensed veterinary technicians -- unauthorized practice

(a) The board shall examine and license veterinary technicians and has the same

authority in the regulation, examination and qualification of licensed veterinary

technicians as it has under the provisions of this chapter for the practice of veterinary

medicine and veterinarians.

(b) Any licensed veterinarian may assign to a licensed veterinary technician regularly

employed by the veterinarian any task or procedure to be performed for which the

veterinarian exercises responsible supervision and full responsibility except those

procedures requiring professional judgment or skill as prescribed by board rule.

veterinarians also apply to licensed veterinary technicians.

(d) It is a Class B misdemeanor for any person to use in connection with the person's

name any designation intending to imply that the person is a veterinary technician or a

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licensed veterinary technician unless the person meets the requirements contained in

this chapter.

(e) The board may, on its own motion, cause to be investigated any report indicating that

a licensed veterinary technician is or may be in violation of the provisions of this

chapter. Any person who in good faith reports to the board any information that a

licensed veterinary technician is or may be in violation of any provisions of this chapter

is not subject to suit for civil damages as a result thereof.

§ 63-12-137 Veterinary practice must be owned by veterinarian; exemptions

(a) It is unlawful for any licensed veterinarian to practice veterinary medicine as an

employee of any person other than a veterinarian duly licensed in this state or a

veterinary facility operated at all times under the direct medical supervision of a

veterinarian duly licensed in this state.

(b) No person, corporation or other similar organization, public or private, for-profit or not-

for-profit, other than a veterinarian duly licensed in this state, shall own or operate a

veterinary facility within this state, except as follows:

(1) Any person, corporation or other similar organization, public or private, for-profit or

not-for-profit, shall apply for and receive a premises permit before the

commencement of operations at the veterinary facility; and

(2) The owner of the veterinary facility shall not restrict or interfere with medically

appropriate veterinary diagnostic or treatment decisions by the licensed

veterinarians employed at the veterinary facility.

(1) A veterinarian employed by a person, corporation or other similar organization,

public or private, for-profit or not-for-profit, to treat such employer's animals;

(2) A veterinarian employed by an official agency of the federal or state government or

any subdivision thereof; and

(3) A veterinarian employed by any licensed research facility.

§ 63-12-138 Veterinary Practice -- peer review; committees; immunity;

confidentiality of information

(a) As used in this section, "peer review committee" or "committee" means any committee,

board, commission or other entity constituted by any statewide veterinary medical

association, or local veterinary medical association or local veterinary association for

the purpose of receiving and evaluating veterinary acts of other veterinarians or

veterinary auxiliary personnel.

(b) Any veterinarian who serves on any peer review committee or on any other committee

shall be immune from liability with respect to any action taken by the veterinarian in

good faith and without malice as a member of such committee, board, commission or

other entity.

any publicly supported or privately supported animal health care facility, or any other

individual appointed to any committee, as described in subsection (a), shall be

immune from liability to any client, patient, individual or organization for furnishing

information, data, reports or records to any such committee or for damages resulting

from any decision, opinions, actions and proceedings rendered, entered or acted upon

by such committees undertaken or performed within the scope or functions of the

duties of such committees, if made or taken in good faith and without malice and on

the basis of facts reasonably known or reasonably believed to exist.

(d) All information, interviews, reports, statements, memoranda or other data furnished to

any such peer review committee or other entity and any findings, conclusions or

recommendations resulting from the proceedings of such committee or other entity are

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privileged. The records and proceedings of any such committee or other entity are

confidential and shall be used by such committee or other entity and the members

thereof only in the exercise of the proper functions of the committee or other entity and

shall not become public record nor be available for court subpoena or discovery

proceedings. Nothing contained in this subsection (d) applies to records, documents or

information otherwise available from original sources, such records, documents or

information not to be construed as immune from discovery or use in any civil

proceedings solely due to presentation to the committee.

§ 63-12-139 Veterinary Practice – premises permits

(a) Any person who owns or operates any veterinary facility, including mobile clinics, or

any other premises where a licensed veterinarian practices or where the practice of

veterinary medicine occurs shall apply for and secure a premises permit from the

board prior to the commencement of any services that would subject the provider of

those services to licensure under this chapter. Any premises in operation on January 1,

1997, shall register with the board by filling out an application as required by the

board.

(b) Any premises at which veterinary services are provided and not owned or leased by a

licensed veterinarian on January 1, 1997, shall be inspected prior to the opening of

such premises. Upon receipt of the application and payment of the application and

inspection fee established by the board, the board shall cause such premises to be

inspected by an authorized agent of the board within thirty (30) days of receipt of the

application. Any premises in which a licensed veterinarian operates a practice on

January 1, 1997, shall be granted a temporary permit upon submission of the

registration required by subsection (a), which temporary permit shall remain in effect

until the premises are inspected by the board. Any premises for which a permit has

been granted on or after January 1, 1997, shall be inspected by the board within sixty

(60) days of any change of ownership or legal responsibility for the premises. If the

board is unable to complete any inspection of the premises within the thirty- or sixty-

day time periods prescribed in this subsection (b), it shall issue a temporary premises

permit, which shall remain in effect until the inspection required by this section is

completed.

established by board rules and regulations as to sanitary conditions and physical plant.

In lieu of the above procedures, the board may issue a premises permit upon

certification by the applicant that the premises have been inspected and accredited by

a recognized organization, the standards of which are found by the board to meet or

exceed the minimum standards established by board rules and regulations. All

veterinary facilities located in retail establishments shall have an entrance into the

permitted premises that is directly on a public street or public parking area, and such

entrance shall be separate from the entrance used by regular retail customers. For

purposes of this chapter, "retail establishment" means any retail store in excess of two

thousand five hundred (2,500) square feet that primarily sells goods not related to the

practice of veterinary medicine or any veterinary facility located in an enclosed

shopping mall or enclosed shopping center. The costs of any inspection undertaken by

the board shall be set by the board and paid in advance by the applicant, in addition to

the fee established by the board for the premises permit.

(d) Each application for a premises permit submitted by a person not licensed under this

chapter shall state the name and address of the licensed veterinarian who will be

responsible for the practice of veterinary medicine on the premises. The supervising

veterinarian shall be licensed in Tennessee. The applicant shall also include the name

or names and address or addresses of the licensee or licensees who will be on-site

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when the practice of veterinary medicine occurs. The applicant shall affirm that the

practice of veterinary medicine shall not be provided on the premises without the

physical presence of a veterinarian licensed in Tennessee. An application for a

premises permit submitted pursuant to this subsection (d) may be denied if any

veterinarian submitted by the applicant has been previously disciplined by the board.

The holder of a premises permit shall notify the board of any change of ownership or

legal responsibility for premises for which a permit has been issued, any change as to

the supervising veterinarian for the premises and any change as to the licensed

veterinarian or veterinarians who will be employed to provide veterinary medical

services at the premises at least thirty (30) days prior to the effective date of the

change unless the change arises from unforeseen circumstances, in which case notice

shall be given within five (5) days of the effective date of the change.

(e) The board shall deny any application for a premises permit if the inspection reveals

that the premises do not meet the minimum standards established by the board. The

applicant shall pay the inspection fee for each additional reinspection required to

determine whether any deficiencies found by the board have been brought into

compliance with the minimum standards established by board rules and regulations as

to sanitary conditions and physical plant.

(f) Any practitioner who provides veterinary services on a house-call basis and does not

maintain a veterinary facility for the receipt of patients shall not be required to secure a

premises permit, but must provide for appropriate equipment and facilities as

established by the board.

(g) Any practitioner who provides veterinary services solely to agricultural animals and

does not maintain a veterinary facility for the receipt of patients shall not be required to

obtain a premises permit, but must provide for appropriate equipment and facilities as

established by the board.

(h) Mobile large and small animal veterinary clinics operating in more than one (1) location

and examining and/or treating animals belonging to multiple clients whose animals are

not permanently housed or boarded at that location shall have a premises permit for

the mobile facilities that are utilized unless exempted by state or local public health

officials. Such mobile clinics shall also specify the locations at which such mobile

clinics will operate. Such information shall be considered as part of the application for

a premises permit. Any change in the locations at which the mobile clinics will operate

shall be reported to the board at least thirty (30) days in advance of the effective date

of the change.

(i) The following are exempt from this section:

(1) A veterinary facility owned by a person, corporation or other similar organization,

public or private, for-profit or not-for-profit, to treat such employer's animals;

(2) A veterinary facility operated by an official agency of the federal or state

government; and

(3) A licensed research facility.

(j) The board shall be authorized to employ such persons who may be required, in its

discretion, to inspect premises under the jurisdiction of the board. The board shall

establish a fee schedule for inspections required under this chapter. An applicant for a

premises permit shall remit to the board an application fee, which shall be equal to the

license fee required of licensed veterinarians. A licensed veterinarian or an applicant

for licensure as a veterinarian shall not be required to submit an additional fee for a

premises permit but shall be required to submit the required inspection fee, if such

licensed veterinarian or applicant also submits an application for a premises permit.

(k) The board of veterinary examiners is authorized to issue a limited waiver to the

requirement for a premises permit under this section to a veterinarian who meets the

following requirements:

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(1) The waiver is granted for one (1) day, once in a calendar year;

(2) The waiver is applicable to only one (1) county and only one (1) waiver shall be

granted in each county in a calendar year;

(3) The waiver is only for livestock testing; and

(4) The waiver is only for one location, which shall be a farm.

§ 63-12-140 Veterinary Practice – penalty for operation without permit prohibited;

penalty

(a) It is an offense to knowingly operate a veterinary facility in this state without a premises

permit.

(b) A violation of this section is a Class B misdemeanor and each violation constitutes a

separate offense.

§ 63-12-141 Veterinary Practice – euthanasia of animals; certificate; fees; penalty

(a) The board of veterinary medical examiners, upon submission of a complete application

and payment of a fee established by the board, shall issue to any animal control

agency that it determines to be qualified a certificate authorizing the agency to apply to

the federal drug enforcement agency, including any successor entity, for a restricted

controlled substance registration certificate for the purchase, possession and use of

sodium pentobarbital or other drugs as authorized by the board for administration by a

certified animal euthanasia technician to euthanize injured, sick or abandoned

animals. It is a Class B misdemeanor for any person or entity to use or imply that such

person or entity has been granted a certificate as a certified animal control agency

unless a certificate has been granted under the provisions of this title.

(b) The board, upon submission of a complete application and payment of a fee

established by the board, shall issue to any person who it determines to be qualified a

certificate for such person to function as a certified animal euthanasia technician. It is a

Class B misdemeanor for any person or entity to use or imply that such person or

entity has been granted a certificate as a certified animal euthanasia technician unless

a certificate has been granted under the provisions of this title.

only be performed by a licensed veterinarian, including a licensed veterinary

technician employed by and functioning under the direct supervision of a licensed

veterinarian or a certified animal euthanasia technician as provided by law. A certified

animal control agency that employs a certified animal euthanasia technician may

purchase, possess and administer sodium pentobarbital or such other drug that the

board may approve for the euthanasia of animals. Sodium pentobarbital and such

other drugs approved by the board shall be the only drugs used for the euthanasia of

animals in a certified animal control agency.

(d) Renewal of Certification. Certified animal control agencies and certified animal

euthanasia technicians shall be required to renew their certificates at such intervals,

upon such conditions and upon the payment of such fees as may be established by

the board.

§ 63-12-142 Immunity for certain emergency treatment

Any licensed veterinarian or ancillary veterinary personnel employed by and working

under the direct supervision of a licensed veterinarian who, in good faith, at such

person's own initiative, renders emergency treatment to an ill or injured animal

gratuitously and without making charge for such treatment is not liable to the owner of

the animal for any civil damages arising from the treatment provided to the animal

except in cases of gross negligence. If the licensed veterinarian or ancillary veterinary

personnel acting under the direct supervision of a licensed veterinarian performs

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euthanasia on an animal, it is presumed that it was a humane act necessary to relieve

pain and suffering.

§ 63-12-144 Certificate authorizing chemical capture of animals by certified animal

chemical capture technicians – protocol; offense; certification course

(a)

(1) The board of veterinary medical examiners, upon submission of a complete

application and payment of a fee established by the board, shall issue to any

governmental animal control agency that the board determines to be qualified and

that has a valid premises permit issued by the board a certificate authorizing

chemical capture of animals under this section by certified animal chemical capture

technicians.

(2) The agencies shall submit, as part of the application, a written protocol for chemical

capture of animals by certified animal chemical capture technicians to the board for

approval. The protocol shall include, at a minimum:

(A) The procedure for removing the dart from a captured animal;

(B) First aid care of the dart wound;

capture;

(D) The appropriate location and handling of the animal during recovery from

anesthesia; and

(E) The supervisory structure regarding who makes the final decision to proceed

with the chemical capture of an animal.

(3) It is a Class B misdemeanor for any person or entity to engage in the chemical

capture of animals or imply that the person or entity has been granted a certificate

as a certified animal control agency with a premises permit unless the certificate

and permit have been granted under this title.

(b)

(1) The board, upon submission of a complete application and payment of a fee

established by the board, shall issue to any person who the board determines to be

qualified a certificate for the person to function as a certified animal chemical

capture technician. Applicants shall be required to have successfully completed a

sixteen-hour chemical immobilization certification course. The course must be

approved by the board, and the curriculum of the course shall include

pharmacology, proper administration, recordkeeping, chemical capture technology,

animal behavior, post immobilization procedures, proper public and personnel

safety, and marksmanship training.

(2) It is a Class B misdemeanor for any person to chemically capture animals or imply

that the person has been granted a certificate as a certified animal chemical

capture technician unless a certificate has been granted under this title.

performed by a licensed veterinarian, a licensed veterinary technician employed by

and functioning under the direct supervision of a licensed veterinarian or a certified

animal chemical capture technician as provided by law. Telazol and such other drugs

that the board may approve shall be the only drugs used for the chemical capture of

dogs and cats by a certified animal chemical capture technician.

(d) Tranquilizer guns shall be used for the humane chemical capture of dogs and cats.

Any such tranquilizer gun shall have the capability to track the darts it shoots and shall

be well maintained and kept in a high state of repair at all times.

(e) Certified animal control agencies and certified animal chemical capture technicians

shall be required to renew their certificates at such intervals, upon such conditions and

upon the payment of such fees as may be established by the board.

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(f) Nothing in this part shall be construed to limit in any way the practice of a licensed

veterinarian as provided by law.

§ 65-6-301 Railroads – cattle guards on unfenced track

Each railroad company whose unfenced track passes through a field or enclosure is

required to place a good and sufficient cattle guard or stops at the points of entering

such field or enclosure, and keep the same in good repair.

§ 65-6-302 Railroads – enlargement of unfenced area

In case a field or enclosure through which unfenced railroad track passes shall be

enlarged or extended, or the owner of the land over which such unfenced track passes

shall open a field so as to embrace the track of such railroad, such railroad company is

required to place good and sufficient cattle guards or stops at the margin of such

enclosure or fields, and keep the same in repair; provided, that such owner shall give the

nearest or most accessible agent of such company thirty (30) days' notice of such

change.

§ 65-6-303 Railroads – penalty for noncompliance

Any railroad company neglecting or refusing to comply with the provisions of this part

shall be liable for all damages sustained by anyone by reason of such neglect or refusal;

and, in order for the injured party to recover all damages such person sustained, it shall

be only necessary for such person to prove such neglect or refusal, and the amount of

such damages; provided, that such company shall not be liable if it shall be shown that

the opening of such field was made capriciously and with intent to annoy and molest such

company.

§ 65-12-108 Railroads –precautions required for prevention of accidents

In order to prevent accidents upon railroads, the following precautions shall be

observed:

(1) The officials having jurisdiction over every public road crossed by a railroad shall

place at each crossing a sign, marked as provided by § 65-11-105. The county

legislative body shall appropriate money to defray the expenses of the signs. The

failure of any engine driver to blow the whistle or ring the bell at any public crossing

so designated by either the railroad company or the public official shall constitute

negligence with the effect and all as set forth in § 65-12-109;

(2) On approaching every crossing so distinguished, the whistle or bell of the locomotive

shall be sounded at the distance of one fourth (1/4) of a mile from the crossing, and

at short intervals until the train has passed the crossing;

(3) Every railroad company shall keep the engineer, fireman, or some other person upon

the locomotive, always upon the lookout ahead; and when any person, animal, or

other obstruction appears upon the road, the alarm whistle shall be sounded, the

brakes put down, and every possible means employed to stop the train and prevent

an accident; and

(4) It is unlawful for any person operating a railroad to use road engines without having

them equipped with an electric light placed on the rear of the engine, tank, or tender,

which light shall be a bull's eye lens of not less than four inches (4'') in diameter with

a bulb of not less than sixty (60) watts power, so that such road engine can be

operated with safety when backing and the light so placed shall be burning while any

such engine may be used in any backing movement. Such lights shall be operated at

night; and any person violating any of these provisions shall be fined the sum of not

less than twenty-five dollars ($25.00), and not more than one hundred dollars ($100),

for each offense.

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§ 65-12-109 Railroads -- violation of § 65-12-108 is negligence per se

A violation of any of the provisions of § 65-12-108 by any railroad company constitutes

negligence per se and in the trial of any causes involving § 65-12-108, the burden of

proof, the issue of proximate cause, and the issue of contributory negligence shall be tried

and be applied in the same manner and with the same effect as in the trial of other

negligence actions under the common law in Tennessee.

§ 65-12-114 Railroads -- standard of care required when livestock on tracks

Whenever livestock appears on the tracks as an obstruction ahead of a railroad train, it

shall be the duty of the engineer, or the person in charge of the operation of the train, to

blow the alarm whistle and apply the brakes, in order to prevent, if reasonably possible,

the striking of the livestock.

§ 65-15-309 Nondiscrimination policy -- Accommodation of service animals --

Wheelchair accessible service

(a) The transportation network company shall adopt a policy of nondiscrimination with

respect to passengers and potential passengers and notify transportation network

company drivers of the policy.

(b) Drivers shall comply with all applicable laws regarding nondiscrimination against

passengers or potential passengers.

animals.

(d) A transportation network company shall not impose additional charges for providing a

prearranged ride to persons with physical disabilities because of those disabilities.

(e) A transportation network company shall provide riders an opportunity to indicate

whether they require a wheelchair-accessible vehicle. If a transportation network

company cannot arrange wheelchair-accessible service in any instance, it shall direct

the rider to an alternate provider of wheelchair-accessible service, if available.

§ 66-7-104 Physically disabled persons' access to housing accommodations

(d) Every totally blind or partially blind person who has a guide dog, or who obtains a

guide dog, shall be entitled to full and equal access to all housing accommodations

included within subsection (a) or any accommodations provided for in §§ 71-4-201, 71- 4-

202 and this section, and such person shall not be required to pay extra compensation for

such guide dog, but shall be liable for any damages done to the premises by such animal.

§ 66-7-106 Leasing to blind persons

(a) Any legally blind person in this state whose loss of sight necessitates a guide dog for

mobility purposes, which has been obtained from a recognized school of training for

such purposes, may not be denied the right to lease an apartment or other types of

dwellings as a consequence of having a guide dog.

(b) Because the guide dog is essential to the mobility of its master, no deposit may be

required to be paid, with respect to the dog, by the legally blind person to the owner,

manager, landlord or agent of any such attendance.

whereabouts of the animal so long as its master is in attendance.

(d) Any owner, manager, landlord or agent who refuses to lease living space to any

legally blind person because of a guide dog, or violates a provision of this section,

commits a Class C misdemeanor.

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§ 66-7-111 Exception to policy prohibiting or limiting, or requiring payment for,

animals or pets for tenant or prospective tenant with disability who requires use

of service animal or support animal

(a) As used in this section:

(1) “Disability” means:

(A) A physical or mental impairment that substantially limits one (1) or more major

life activities;

(B) A record of an impairment described in subdivision (a)(1)(A); or

(2) “Health care” means any care, treatment, service, or procedure to maintain,

diagnose, or treat an individual's physical or mental condition;

(3) “Healthcare provider” means a person who is licensed, certified, or otherwise

authorized or permitted by the laws of any state to administer health care in the

ordinary course of business or practice of a profession;

(4) “Reliable documentation” means written documentation provided by:

(A) A healthcare provider with actual knowledge of an individual's disability;

(B) An individual or entity with a valid, unrestricted license, certification, or

registration to serve persons with disabilities with actual knowledge of an

individual's disability; or

of an individual's disability;

(5) “Service animal” means a dog or miniature horse that has been individually trained

to work or perform tasks for an individual with a disability; and

(6) “Support animal” means an animal selected to accompany an individual with a

disability that has been prescribed or recommended by a healthcare provider to

work, provide assistance, or perform tasks for the benefit of the individual with a

disability, or provide emotional support that alleviates one (1) or more identified

symptoms or effects of the individual's disability.

(b) A tenant or prospective tenant with a disability who requires the use of a service

animal or support animal may request an exception to a landlord's policy that prohibits

or limits animals or pets on the premises or that requires any payment by a tenant to

have an animal or pet on the premises.

prospective tenant may ask that the individual, whose disability is not readily apparent

or known to the landlord, submit reliable documentation of a disability and the

disability-related need for a service animal or support animal. If the disability is readily

apparent or known but the disability-related need for the service animal or support

animal is not, then the landlord may ask the individual to submit reliable

documentation of the disability-related need for a service animal or support animal.

(d) A landlord who receives reliable documentation under subsection (c) may verify the

reliable documentation. However, nothing in this subsection (d) authorizes a landlord

to obtain confidential or protected medical records or confidential or protected medical

information concerning a tenant's or prospective tenant's disability.

(e) A landlord may deny a request made under subsection (b) if a tenant or prospective

tenant fails to provide accurate, reliable documentation that meets the requirements of

subsection (c), after the landlord requests the reliable documentation.

(f)

(1) It is deemed to be material noncompliance and default by the tenant with the rental

agreement, if the tenant:

(A) Misrepresents that there is a disability or disability-related need for the use of a

service animal or support animal; or

(B) Provides documentation under subsection (c) that falsely states an animal is a

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service animal or support animal.

(2) In the event of any violation under subdivision (f)(1), the landlord may terminate the

tenancy and recover damages, including, but not limited to, reasonable attorney's

fees.

(g) Notwithstanding any other law to the contrary, a landlord is not liable for injuries by a

person's service animal or support animal permitted on the premises as a reasonable

accommodation to assist the person with a disability pursuant to the Fair Housing Act,

as amended, (42 U.S.C. §§ 3601 et seq.); the Americans with Disabilities Act of 1990

(42 U.S.C. §§ 12101 et seq.); Section 504 of the Rehabilitation Act of 1973, as

amended, (29 U.S.C. § 701); or any other federal, state, or local law.

(h) Only to the extent it conflicts with federal or state law, this section does not apply to

public housing units owned by a governmental entity.

§ 66-20-101 Liens on animals -- pasturage lien

When any horse or other animal is received to pasture for a consideration, the farmer

shall have a lien upon the animal for the farmer's proper charges, the same as the

innkeeper's lien at common law; and in addition the farmer shall have a statutory lien for

six (6) months.

§ 66-20-102 Liens on animals -- lien on female for service of male

Where the lien for pasturage shall occur in virtue of § 66-20-101, the charges shall include

also those for the service of any jack, bull, ram, or boar; provided, that the charge for the

service of such animal to the female shall have been agreed upon between the parties.

The provisions of this section shall likewise include the service of any stud or stallion.

§ 66-20-103 Liens on animals -- livery stable keeper's lien

Livery stable keepers shall be entitled to the same lien provided for in § 66-20-101 on all

stock received by them for board and feed, or vehicle kept and/or conditioned, until all

reasonable charges are paid.

§ 66-20-104 Liens on animals -- lien on offspring for service of male

(a) Any person keeping a jack, bull, ram, or boar, for public use, shall have a lien on the

offspring of the same for the season charge to be paid.

(b) The provisions of this section shall likewise include the service of any stud or

stallion.

§ 66-20-105 Duration of lien on offspring

(a) The lien provided for in § 66-20-104, so far as it affects the offspring of jacks and bulls

shall exist for two (2) years from the birth of such offspring and so far as it affects rams

and boars shall continue for twelve (12) months from the birth of such offspring.

(b) The provisions of this section shall likewise include the service of any stud or stallion.

§ 66-20-106 Commercial feed lot proprietors' and operators' lien

Commercial feed lot proprietors and operators shall be entitled to the same lien provided

for in § 66-20-101 on all livestock received by them covering all reasonable charges in

caring for, boarding, feeding, or pasturing such livestock, until the same have been paid.

§ 66-20-107 Lien on female and offspring for artificial insemination

When any female animal is inseminated by artificial means for a fee, the person providing

the service shall have for a charge a lien on the female and on any offspring resulting

from such service.

The duration of the lien on offspring shall be for twelve (12) months from the date of birth

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of such offspring.

§ 66-28-406 Exception to policy prohibiting or limiting, or requiring payment for,

animals or pets for tenant or prospective tenant with disability who requires use of

service animal or support animal

(a) As used in this section:

(1) “Disability” means:

(A) A physical or mental impairment that substantially limits one (1) or more

major life activities;

(B) A record of an impairment described in subdivision (a)(1)(A); or

(2) “Health care” means any care, treatment, service, or procedure to maintain,

diagnose, or treat an individual's physical or mental condition;

(3) “Healthcare provider” means a person who is licensed, certified, or otherwise

authorized or permitted by the laws of any state to administer health care in the

ordinary course of business or practice of a profession;

(4) “Reliable documentation” means written documentation provided by:

(A) A healthcare provider with actual knowledge of an individual's disability;

(B) An individual or entity with a valid, unrestricted license, certification, or

registration to serve persons with disabilities with actual knowledge of an

individual's disability; or

knowledge of an individual's disability;

(5) “Service animal” means a dog or miniature horse that has been individually

trained to work or perform tasks for an individual with a disability; and

(6) “Support animal” means an animal selected to accompany an individual with a

disability that has been prescribed or recommended by a healthcare provider to

work, provide assistance, or perform tasks for the benefit of the individual with a

disability, or provide emotional support that alleviates one (1) or more identified

symptoms or effects of the individual's disability.

(b) A tenant or prospective tenant with a disability who requires the use of a service

animal or support animal may request an exception to a landlord's policy that

prohibits or limits animals or pets on the premises or that requires any payment by a

tenant to have an animal or pet on the premises.

prospective tenant may ask that the individual, whose disability is not readily

apparent or known to the landlord, submit reliable documentation of a disability and

the disability-related need for a service animal or support animal. If the disability is

readily apparent or known but the disability-related need for the service animal or

support animal is not, then the landlord may ask the individual to submit reliable

documentation of the disability-related need for a service animal or support animal.

(d) A landlord who receives reliable documentation under subsection (c) may verify the

reliable documentation. However, nothing in this subsection (d) authorizes a

landlord to obtain confidential or protected medical records or confidential or

protected medical information concerning a tenant's or prospective tenant's

disability.

(e) A landlord may deny a request made under subsection (b) if a tenant or prospective

tenant fails to provide accurate, reliable documentation that meets the requirements

of subsection (c), after the landlord requests the reliable documentation.

(f)

(1) It is deemed to be material noncompliance and default by the tenant with the

rental agreement, if the tenant:

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(A) Misrepresents that there is a disability or disability-related need for the use of

a service animal or support animal; or

(B) Provides documentation under subsection (c) that falsely states an animal is

a service animal or support animal.

(2) In the event of any violation of subdivision (f)(1), the landlord may terminate the

tenancy and recover damages, including, but not limited to, reasonable

attorney's fees.

(g) Notwithstanding any other law to the contrary, a landlord is not liable for injuries by

a person's service animal or support animal permitted on the premises as a

reasonable accommodation to assist the person with a disability pursuant to the Fair

Housing Act, as amended, (42 U.S.C. §§ 3601 et seq.); the Americans with

Disabilities Act of 1990 (42 U.S.C. §§ 12101 et seq.); Section 504 of the

Rehabilitation Act of 1973, as amended, (29 U.S.C. § 701); or any other federal,

state, or local law.

(h) Only to the extent it conflicts with federal or state law, this section does not apply to

public housing units owned by a governmental entity.

§ 66-28-505 Noncompliance by tenant — Failure to pay rent (relevant subsection)

(f)

(1) It is deemed to be material noncompliance and default by the tenant with the

rental agreement, if the tenant:

(A) Misrepresents that there is a disability or disability-related need for the use of

a service animal or support animal; or

(B) Provides documentation under § 66-28-406(c) that falsely states an animal is

a service animal or support animal.

(2) As used in this subsection (f), “service animal” and “support animal” have the

same meanings as the terms are defined in § 66-28-406(a).

§ 67-4-409 Recordation tax

(a) Transfers of Realty. On all transfers of realty, whether by deed, court deed, decree,

partition deed, or other instrument evidencing transfer of any interest in real estate,

there shall be paid for the privilege of having the same recorded a tax, for state

purposes only, of thirty-seven cents (37¢) per one hundred dollars ($100), as follows:

(1) On the transfer of a freehold estate, the tax shall be based on the consideration for

the transfer, or the value of the property, whichever is greater. “Value of the

property,” as used in this section, means the amount that the property transferred

would command at a fair and voluntary sale, and no other value;

(2) No transfer tax shall be due or paid on the transfer of a leasehold estate;

(3) No such tax shall be levied on the transfer of any real estate where such:

(A) Is creation or dissolution of a tenancy by the entirety:

(i) By the conveyance from one (1) spouse to the other;

(ii) By the conveyance from one (1) spouse or both spouses to the original

grantor or grantors in the instrument and the original grantor's spouse; or

(iii) By the conveyance from one (1) spouse or both spouses to a trustee and

immediate reconveyance by the trustee in the same instrument as tenants in

common, tenants in common with right of survivorship, joint tenants or joint

tenants with right of survivorship;

(B) Are deeds of division in kind of realty formerly held by tenants in common;

(D) Are deeds executed by an executor to implement a testamentary devise;

(E) Are domestic settlement decrees and/or domestic decrees and/or deeds that are

an adjustment of property rights between divorcing parties;

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(F) Are transfers by a transferor of real estate to a revocable living trust created by

the same transferor or by a spouse of the transferor, or transfers by the trustee

of a revocable living trust back to the same transferor or to the transferor’s

spouse;

(G) Are deeds executed by the trustee of a revocable living trust to implement a

testamentary devise by the trustor of the trust; or

(H) Are deeds executed by the trustee of a testamentary trust or revocable living

trust to implement the distribution of the real property to a trust beneficiary or

beneficiaries;

(4) In the case of quitclaim deeds, the tax shall be based only on the actual

consideration given for that conveyance;

(5) No oath of value shall be required in any transaction that is exempt from tax;

(6) This tax shall be paid by the grantee or transferee of the interest in real estate, as

shown on the instrument evidencing the transfer of such interest; and it shall be

collected by the register of the county in which the instrument is offered for

recordation;

(A) The grantee, the grantee's agent, or a trustee acting for the grantee shall be

required to state under oath upon the face of the instrument offered for record in

the presence of the register, or before an officer authorized to administer oaths,

the actual consideration or value, whichever is greater, for the transfer of a

freehold estate;

(B) The making under oath of any false statement known to be false respecting the

consideration or value of property transferred shall be punishable as perjury;

same transfer of one and the same tract or parcel of real estate shall pay only

one (1) state tax with respect to such transfer;

(D) The register is forbidden to record the transfer until this tax has been paid; and

(7) No tax is due under this subsection (a) until the title to the property is transferred by

deed.

(b) Mortgages, Deeds of Trust and Other Instruments. Prior to the public recordation of

any instrument evidencing an indebtedness, including, but not limited to, mortgages,

deeds of trust, conditional sales contracts, financing statements contemplated by the

Uniform Commercial Code, compiled in title 47, and liens on personalty, other than on

motor vehicles, there shall be paid a tax, for state purposes only, of eleven and one

half cents (11.5¢) on each one hundred dollars ($100) of the indebtedness so

evidenced.

(1) The tax shall not be required for the recordation of judgment liens, contractors'

liens, subcontractors' liens, furnishers' liens, laborers' liens, mechanics' and

materialmen's liens, financing statements filed pursuant to the Uniform Commercial

Code, compiled in title 47, that secure an interest solely in investment property, as

defined in § 47-9-102(a) as amended by chapter 846, § 1 of the Acts of 2000, and

mortgages or deeds of trust issued under the Home Equity Conversion Mortgage

Act, as compiled in title 47, chapter 30, and that are labeled on the face under such

chapter.

(2) In any case where the consideration or stipulation of indebtedness does not appear

on the face of the instrument being offered for record, the recording official shall

require a separate statement, to be made under oath, indicating the amount of the

indebtedness so secured.

(3) This tax shall be paid to and collected by county registers, the secretary of state,

and any other official who may receive any instrument other than for liens on motor

vehicles in accordance with the motor vehicle title law of this state, for recordation

in accordance with the laws of this state, and registration is forbidden until such tax

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has been paid.

(4) The incidence of the tax provided by this section is declared to be upon the

mortgagor, grantor or debtor, evidenced by the instrument offered for recordation. It

shall not, however, apply with respect to the first two thousand dollars ($2,000) of

the indebtedness.

(5)

(A) As used in this section, “indebtedness” means the principal debt or obligation

which is reasonably contemplated by the parties to be included within the terms

of the agreement. “Indebtedness” does not include any amount of interest,

collection expense including, but not limited to, attorney's fees and expenses

incurred in preserving, protecting, improving, or insuring property which serves

as collateral for the indebtedness, or any other amount, other than the principal

debt or obligation, for which a debtor becomes liable unless such amount is

added to the principal debt or obligation, and is used to calculate additional

interest pursuant to refinancing, reamortization, amendment or similar

transaction or occurrence.

(B) If the instrument is given to secure the performance by the mortgagor, grantor,

debtor or any other person of an obligation other than the payment of a specific

sum of money, and a maximum amount secured is not expressed in the

instrument, such instrument shall be taxable upon the value of the property

covered by the instrument, which value shall be deemed to be the indebtedness

secured by such instrument for such purposes. Such instrument shall not be

recorded, unless, at the time of presenting the instrument, there is filed a sworn

statement by the owner of the property covered thereby of the value of the

property. Such amount shall be the basis of assessing the tax imposed under

this subsection (b). No subsequent change in the value of the property shall

result in the imposition of additional tax.

(C)

(i) Every recorded instrument evidencing an indebtedness must contain, either

on the face of the instrument or in an attached sworn statement, the

following language: “Maximum principal indebtedness for Tennessee

recording tax purposes is $.” The holder of the indebtedness shall state the

amount of the indebtedness, and that amount shall be the basis of

assessing the tax imposed by this subsection (b). Such statement may be

relied upon only by the department of revenue and by the receiving official

charged with the duty of recordation and collection of tax, and such

statement shall not constitute notice of any kind to any other party of the

amount of indebtedness secured by the instrument.

(ii) Notwithstanding subdivision (b)(5)(C)(i), an instrument described in

subdivision (b)(5)(B) shall instead contain, either on the face of the

instrument or in an attached sworn statement, the following language:

“Secures obligation other than payment of specific sum — valuation

statement submitted herewith.”

(iii) Notwithstanding any other law to the contrary, an official charged with the

collection of the tax imposed by this subsection (b) shall not record any

instrument evidencing an indebtedness, unless it contains the statement

required by this subdivision (b)(5)(C) and tax is properly paid, based upon

the amount contained in that statement or in the valuation statement, as

appropriate.

(D) When the instrument being offered for registration, recording, or filing secures,

or evidences the securing of, a line of credit or other indebtedness arising from

more than one (1) advance or extension of credit, the amount of which will, or

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may, vary from time to time, the tax shall be computed and paid on the

maximum amount of the indebtedness as stated in the instrument or the

accompanying sworn statement, and the reduction or subsequent increasing of

the amount of the indebtedness within such limits shall not result in additional

tax.

(6) Imposition of a transfer tax as levied under subsection (a) with respect to an

instrument evidencing an indebtedness shall not operate to exonerate such

instrument from the tax levied under this subsection (b), if such tax would otherwise

be appropriate. Furthermore, an instrument evidencing transfer of any interest in

real estate that is subject to the transfer tax shall, nevertheless, be subject to the

tax levied under this subsection (b) also, when such instrument evidences an

indebtedness either by showing in the instrument that a vendor's lien is retained, or

by referring in the instrument to such a lien being evidenced by another instrument

not being offered for public recordation.

(7)

(A)

(i) If some of the property securing the payment of the indebtedness is located in

Tennessee and some is located outside of Tennessee, as an optional method

of computing the tax, the tax may be apportioned and paid on the basis of the

ratio of the value of the Tennessee collateral to the value of all collateral, by

applying the following mathematical formula: value of Tennessee collateral /

value of total collateral = % x indebtedness = taxable Tennessee indebtedness

(ii) If the tax is apportioned pursuant to this subdivision (b)(7), no evidence of the

calculation or statement of tax shall be required in addition to the statement

required by subdivision (b)(5)(C), which shall be completed with the amount

resulting from the calculation made pursuant to subdivision (b)(7)(A)(i).

(B) For purposes of the apportionment calculation allowed in subdivision (b)(7)(A)(i):

(i) “Collateral” means any real property or personal property securing the

indebtedness evidenced by the instrument to be filed or recorded;

(ii) “Mobile goods” means goods that are mobile and that are of a type normally

used in more than one (1) jurisdiction, such as trailers, rolling stock, airplanes,

shipping containers, road building and construction machinery, commercial

harvesting machinery and the like;

(iii) “Taxable Tennessee indebtedness” means the amount of indebtedness on

which tax is to be calculated as provided in subdivision (b)(4), with the two-

thousand-dollar ($2,000) exemption to be applied to the taxable Tennessee

indebtedness;

(iv) “Tennessee collateral” means all collateral in which a security interest, deed

of trust, mortgage lien or other consensual lien is perfected by filing or

recording one or more instruments in the state of Tennessee or by other

methods where the laws of the state of Tennessee govern perfection;

provided, however, that the Tennessee collateral of a debtor that is located in

Tennessee, as determined pursuant to § 47-9-307, does not include such

debtor's interests in:

(a) Any personal property physically located outside the state of Tennessee,

including goods, other than mobile goods, and any property that is of a

type in which a security interest could be perfected by possession under

Tennessee law if such property were located in Tennessee, such as

certificated securities, chattel paper, documents, instruments and money;

(b) Any intangible property and mobile goods, unless such debtor's chief

executive office is also located in the state of Tennessee. Any subsequent

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change in the location of the debtor or any collateral, in the facts

supporting the categorization of any particular collateral, or in the relative

quantities or values of collateral shall not in itself result in the imposition of

additional tax;

(v) “Total collateral” means all collateral, including the Tennessee collateral; and

(vi) “Value” of collateral means the value that the collateral would command at a

fair and voluntary sale.

(8) In the event of an increase in the indebtedness beyond the amount stated

subsequent to the filing or recordation of the instrument, the holder of the

indebtedness shall pay the tax on the amount of the increase. Such a payment

shall be due on the date the increase occurs, but may be made without penalty if

made within sixty (60) days after the increase occurs. Thereafter, such payment

may be made only upon payment of the penalty provided in subdivision (b)(12)

based on the amount of the increase in the indebtedness.

(9) Section § 67-4-206 and § 67-4-217 shall not apply to the tax imposed by this

subsection (b).

(10)

(A) Nonpayment or underpayment of tax on an indebtedness, or failure timely to pay

tax on an increase in indebtedness, shall not affect or impair the effectiveness,

validity, priority, or enforceability of the security interest or lien created or

evidenced by the instrument, it being declared the legislative intent that the

effectiveness, validity, priority, and enforceability of security interest and liens

are governed solely by law applicable to security interests and liens, and not by

this title.

(B) Such nonpayment, underpayment, or failure to pay, until cured, shall result in

the imposition of a tax lien, in the amount of any tax and penalties unpaid and

owing under this subsection (b), in favor of the department of revenue as

described in subdivision (b)(11), shall subject the holder of the indebtedness to a

penalty as described in subdivision (b)(12), and shall subject the holder of the

indebtedness to the disability described in subdivision (b)(13).

(11) The tax lien described in subdivision (b)(10) shall arise at the time the tax is due

and shall at that time attach to any property, either real or personal, tangible or

intangible, subject to the instrument until:

(A) The lien or security interest of the instrument is released with respect to any

property; or

(B) Any property is transferred in settlement or realization of the lien or security

interest, whereupon the tax lien shall automatically be released from such

property and attach to any proceeds thereof. The department may not levy upon

or sell any property subject to the tax lien until notice of the tax lien has been

recorded pursuant to § 67-1-1403 but notwithstanding such section, the

department otherwise shall not be required to record any notice of the tax lien.

The tax lien shall be superior to all liens and security interest under Tennessee

law, except:

(i) Those enumerated in § 67-1-1403(c)(2)-(4) that were recorded, filed or

perfected, respectively, prior to attachment of the tax lien; and

(ii) County and municipal ad valorem taxes.

(12) It is the duty of every holder of an indebtedness, including an individual, business

entity of any organizational structure, or governmental entity, to collect the tax

imposed by this subsection (b) from the debtor and to remit the tax as required by

this subsection (b). Except as provided in subdivision (b)(8), if the holder of the

indebtedness fails to pay or underpays the tax imposed by this subsection (b), the

holder of the indebtedness shall be liable for a penalty, in addition to the tax, in the

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amount of two hundred fifty dollars ($250) or double the unpaid tax due, whichever

is greater.

(13) The holder of an indebtedness evidenced or secured by an instrument upon the

recording or filing of which tax is owing under this section may not maintain an

action on such indebtedness, other than an action limited to the enforcement of

the holder's security interest or lien, against the debtor until such nonpayment is

cured. If such an action is commenced and a cure is not effected within a time limit

set by the court, the debtor may obtain a dismissal of such action, without

prejudice to refiling in the event of a subsequent cure of nonpayment.

Notwithstanding the terms of the instrument, if a cure is not effected until after the

filing of a motion or pleading in which the holder's noncompliance with this

subsection (b) is raised, the holder may not thereafter charge the debtor with the

costs of curing such noncompliance.

proceeding conducted in connection with any condemnation action for the purpose of

indicating the value of such real property.

(d) Reports and Payment of Tax to the Commissioner.

(1) The county register and other officials charged with the collection of taxes imposed

under this section shall report all collections to the department on forms prescribed

by the commissioner, in the same manner and under the same conditions as

county clerks collect and report revenue under parts 2-6 of this chapter.

(2)

(A) For collecting and reporting taxes levied under this section, county registers

shall be entitled to retain as commission five percent (5%) of the taxes so

collected.

(B) Notwithstanding subdivision (d)(2)(A) or any other law to the contrary, fifty-two

percent (52%) of the five percent (5%) commission provided by subdivision

(d)(2)(A) shall be remitted to the state treasurer and credited to the general fund

of the state.

(3) The county registers shall also be entitled to receive as a fee for issuing each

receipt for taxes imposed in this section the sum of one dollar ($1.00), to be paid

when the tax receipt is issued. The fee, however, shall not be applicable nor

collectible by any state officials charged with the collection of taxes imposed under

this section.

(e) Instruments made pursuant to mergers, consolidations, sales or transfers of

substantially all of the assets in this state of corporations, pursuant to plans of

reorganization, are exempt from this section.

(f)

(1) The recording and rerecording of all transfers of realty in which a municipality is the

grantee or transferee and all instruments evidencing an indebtedness in which a

municipality is the holder or owner of the indebtedness shall be exempt from this

section. The recording and rerecording of all instruments evidencing an

indebtedness of any health and educational facility corporation formed pursuant to

title 48, chapter 101, part 3 shall also be exempt from this section.

(2) For the purposes of this subsection (f), “municipality” means the state of

Tennessee or any county or incorporated city or town, utility district, school district,

power district, sanitary district, or other municipal, quasi-municipal, or

governmental body or political subdivision in this state, and any agency, authority,

branch, bureau, commission, corporation, department or instrumentality thereof

now or later authorized to be created.

(3) The recording or rerecording of any transfer of realty to or from any municipality

and any evidence of indebtedness of or to any municipality, as defined in

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subsection (a), prior to May 11, 1971, and otherwise validly made, is declared to be

valid and effective, notwithstanding any failure to pay the tax formerly imposed by

this section, and any such recording or rerecording is ratified, approved and

confirmed, and no tax shall be imposed or collected on account of any such

recording or rerecording.

(g) Wetland Acquisition Fund.

(1) Three and one fourth cents (3.25¢) of the tax levied by subsection (a) shall be

credited to a special agency account in the state general fund known as the 1986

wetland acquisition fund; provided, that such funds shall not be obligated or

expended to acquire any interest in real property through condemnation or the

power of eminent domain. Expenditures from such fund shall only be made to

implement and effectuate the purposes of title 11, chapter 14, part 4. The fund may

be expended to maintain and enhance state-owned property that is under the

agency's jurisdiction. Funds deposited in such fund shall not revert at the end of

any fiscal year, and all interest accruing on investments and deposits of the fund

not otherwise expended shall be returned to and made a part of the fund.

(2) Notwithstanding any provision of this section to the contrary, the commissioner of

finance and administration, with the written approval of the executive director of the

Tennessee wildlife resources agency, is authorized, subject to legislative

appropriation, to transfer funds from the 1986 wetland acquisition fund to the

Tennessee heritage conservation trust fund, created in title 11, chapter 7, part 1.

For the purposes of § 11-7-103(h), “other available sources” also shall not include

any funds transferred to the Tennessee heritage conservation trust fund from the

1986 wetland acquisition fund pursuant to this subdivision (g)(2).

(h) Exception for Certain Facilities.

(1) With respect to any facility as defined in subdivision (h)(2)(A):

(A) The taxes paid under subsection (a) shall not exceed one hundred thousand

dollars ($100,000) in the aggregate; and

(B) The taxes paid under subsection (b) shall not exceed five hundred thousand

dollars ($500,000) in the aggregate.

(2)

(A) As used in this subsection (h), “facility” means any real or personal property that

is constructed, acquired or developed for the principal purpose of manufacturing,

processing, fabricating or assembling any manufactured products and includes,

but is not limited to, all or any part of or any interest in any land and building,

including office, administration or other buildings, any improvement to the

facilities and all real and personal properties, including, but is not limited to,

equipment and machinery deemed necessary in connection with the facility,

whether or not now in existence.

(B) As used in this subsection (h), “related indebtedness” means indebtedness

relating to or incurred to finance a portion of or otherwise in connection with a

facility, which shall be evidenced by instruments, including, but not limited to,

mortgages, deeds of trust, conditional sales contracts, financing statements

contemplated by the Uniform Commercial Code, compiled in title 47, and liens

on personalty, notwithstanding the fact that portions of such indebtedness may

be held by different holders, owners, trustees or other secured parties (holders)

of indebtedness or portions of indebtedness relating to the facility.

(3) In order to qualify for the exception provided under this subsection (h), prior to the

public recordation of any instrument evidencing a transfer of an interest in realty or

of any instrument evidencing a related indebtedness under this section, the grantee

or transferee of the interest in such realty or the holder of related indebtedness must

submit a sworn statement declaring the amount of tax paid for recording instruments

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by or on behalf of the person, corporation, or other entity that owns, leases or

otherwise operates the facility, referred to in this subsection (h) as the taxpayer,

under both subsection (a), with respect to the transfer of realty pertaining to the

facility, and subsection (b), with respect to related indebtedness, and a copy of each

receipt for the taxes paid for recording such instruments or other evidence of such

payments. No tax will be due, if the taxes paid by or on behalf of the taxpayer for

recording such instruments pursuant to subsections (a) and (b) relating to the facility

and any related indebtedness equal an aggregate amount of one hundred thousand

dollars ($100,000) or five hundred thousand dollars ($500,000), as the case may be.

If less than the aggregate amount of one hundred thousand dollars ($100,000) or

five hundred thousand dollars ($500,000), as the case may be, in taxes for

recording instruments pursuant to subsections (a) and (b) relating to the facility and

any related indebtedness has been paid by or on behalf of the taxpayer prior to the

proposed recordation of any instrument evidencing a transfer of an interest in realty

or related indebtedness, the grantee or transferee of an interest in such realty or the

holder of related indebtedness must pay or cause to be paid the amount of tax due,

calculated in accordance with this section, which amount shall be no more than the

difference between one hundred thousand dollars ($100,000) or five hundred

thousand dollars ($500,000), and the aggregate amount of such taxes paid by or on

behalf of the taxpayer for recording instruments pertaining to the facility and any

related indebtedness pursuant to subsections (a) and (b). In no event, however,

shall the aggregate amount of taxes paid for recording instruments relating to

transfers of an interest in realty under subsection (a) and related indebtedness

under subsection (b) exceed one hundred thousand dollars ($100,000) or five

hundred thousand dollars ($500,000) by or on behalf of the taxpayer.

(i) Local Parks Land Acquisition Fund.

(1) One and three fourths cents (1.75¢) of the tax levied by subsection (a) shall be

credited to a special agency account in the state general fund known as the local

parks land acquisition fund. The moneys in this fund shall be used only for grants

to county and municipal governments to implement and carry out the purposes set

forth in subdivision (i)(3); provided, that the commissioner of environment and

conservation may allocate not more than three and one-half percent (3.5%) of the

moneys in this fund for the administration of the fund. Funds deposited in such fund

shall not revert at the end of any fiscal year, and all interest accruing on

investments and deposits of the fund not otherwise expended shall be returned to

and made a part of the fund.

(2)

(A) The commissioner of environment and conservation, the commissioner of

agriculture and the director of the wildlife resources agency shall jointly establish

priorities for the appropriate allocation of funds, deposited in the local parks land

acquisition fund. No project shall receive any such funds unless each such

official has approved such expenditure. Such officials shall consider applications

from county and municipal governments throughout the state.

(B) At least sixty percent (60%) of the funds allocated annually shall go to municipal

governments.

(3) County and municipal governments may use the funds allocated under this section

for the purchase of land for parks, natural areas, greenways, and for the purchase

of land for recreation facilities. Such funds may also be used for trail development

and capital projects in parks, natural areas, and greenways.

(4)

(A) Any county or municipal government that receives a grant under this section

must match the grant with an equal amount of money for each project. The

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matching money provided by the local government may be used to purchase

additional land or to develop facilities on the land that is purchased with the

grant. Rather than providing matching money, the local government may provide

as its match a tract of land not previously used for park or recreational purposes

that will be dedicated entirely for park or recreational purposes after receipt of

the grant and that is independently appraised as having the same, or greater,

value as the amount of the state grant.

(B) Rather than providing matching money, the local government may also provide

as all or part of its match volunteer services, materials, and equipment that are

donated to the local government by a third party at the time the state grant is

made, that are used for trail construction or other development on the tract of

land for which the state grant is sought, and that are valued in a manner

specified by the department.

(5) If an application from a county or municipal government has been submitted for a

grant from the local parks land acquisition fund and the county or municipal

government subsequently purchases the land or constructs the trail for which the

grant was sought before the grant is acted upon, the grant may still be awarded as

a reimbursement; provided, that the application was submitted by the local

government no more than twelve (12) months prior to the award of the grant.

(6) The commissioner of environment and conservation, the commissioner of

agriculture and the director of the wildlife resources agency may promulgate

regulations to implement this subsection (i).

(7) No funds deposited in the local parks land acquisition fund from the tax levied by

subsection (a) shall be obligated or expended to acquire any interest in real

property through condemnation or the power of eminent domain.

(j) State Lands Acquisition Fund.

(1) One and one half cents (1.5¢) of the tax levied by subsection (a) shall be credited

to a special agency account in the state general fund known as the state lands

acquisition fund. Expenditures from such fund shall be made only to implement and

carry out the purposes set forth in subdivision (j)(2). Funds deposited in such fund

shall not revert at the end of any fiscal year, and all interest accruing on

investments and deposits of the fund not otherwise expended shall be returned to

and made a part of the fund.

(2)

(A) The commissioner of environment and conservation shall expend the funds

which are deposited in the state lands acquisition fund only for the acquisition of

land for any area designated as an historic place as evidenced by its inclusion

on the National Register of Historic Places, state historic areas or sites, state

parks, state forests, state natural areas, boundary areas along state scenic

rivers, the state trails system, and for the acquisition of easements to protect

any of the foregoing state areas. Such funds may also be used for trail

development in the foregoing areas. Such funds may also be used for the

redevelopment, renovation and restoration of historic theaters owned by a

governmental entity or a not-for-profit corporation or its controlled affiliate and

listed on the National Register of Historic Places. Such funds may also be used

for capital projects, including improvements and maintenance, at state parks.

(B) No funds deposited in the state lands acquisition fund from the tax levied by

subsection (a) shall be obligated or expended to acquire any interest in real

property through condemnation or the power of eminent domain.

(3) The first three hundred thousand dollars ($300,000) deposited in the state lands

acquisition fund shall be transferred and credited to the compensation fund created

under § 11-14-406-. Following the procedure set forth in that section, the

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commissioner of finance and administration shall annually reimburse each city and

county the amount of lost property tax revenue resulting from any purchase of land

by the department of environment and conservation which renders such land tax

exempt. The next two hundred fifty thousand dollars ($250,000) deposited in the

state lands acquisition fund in each fiscal year shall be transferred and credited to

the Tennessee Civil War or War Between the States site preservation fund created

under § 4-11-112. Funds allocated to the preservation fund shall be used

exclusively as provided in § 4-11-112.

(4) The commissioner of environment and conservation, the commissioner of

agriculture and the director of the wildlife resources agency shall jointly establish

priorities for the appropriate allocation of funds deposited in the state lands

acquisition fund. No project shall receive any such funds unless each such official

has approved such expenditure. The commissioner of environment and

conservation, the commissioner of agriculture and the director of the wildlife

resources agency may promulgate regulations to implement this subsection (j).

(5) Acquisition pursuant to this subsection (j) of property classified under chapter 5,

part 10 of this title, shall not constitute a change in the use of the property, and no

rollback taxes shall become due solely as a result of such acquisition.

(6) Notwithstanding any provision of this section to the contrary, the commissioner of

finance and administration, with the written approval of the commissioner of

environment and conservation, is authorized, subject to legislative appropriation, to

transfer funds from the state lands acquisition fund to the Tennessee heritage

conservation trust fund, created in title 11, chapter 7, part 1. For the purposes of

§ 11-7-103(h), “other available sources” also shall not include any funds transferred

to the Tennessee heritage conservation trust fund from the state lands acquisition

fund pursuant to this subdivision (j)(6).

(k) Revenue Stream. The moneys deposited in the 1986 wetlands acquisition fund and

the moneys deposited in the state lands acquisition fund may be used as the revenue

stream to pay the principal of and interest on revenue bonds that are sold by the state

of Tennessee to generate funds to fulfill the purposes for which the moneys deposited

in each of these funds may be used.

(l) Agricultural Resources Conservation Fund.

(1) One and one half cents (1.5¢) of the tax levied by subsection (a) shall be credited

to a special agency account in the state general fund known as the agricultural

resources conservation fund. Expenditures from such fund shall be made only to

implement and carry out the purposes set forth in subdivision (l)(2). Funds

deposited in such fund shall not revert at the end of any fiscal year, and all interest

accruing on investments and deposits of the funds not otherwise expended shall be

returned to and made a part of the fund.

(2) The commissioner of agriculture shall expend the funds that are deposited in the

agricultural resources fund for purposes of landowner assistance, to address point

and nonpoint source water quality issues, as well as nuisance problems, including,

but not limited to, odor, noise, dust and similar concerns. The commissioner of

environment and conservation, commissioner of agriculture and the director of the

wildlife resources agency shall jointly establish priorities for the appropriate

allocation of funds deposited in the agricultural resources conservation fund. No

project shall receive any such funds unless each such official has approved such

expenditure. The commissioner of agriculture may promulgate regulations to

implement this subsection (l).

(3) Expenditures from the agricultural resources conservation fund shall be made for

the promotion and implementation of agricultural management practices that

conserve and protect natural resources associated with agricultural production,

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including, but not limited to, soil, water, air, plants and animals. The commissioner

of agriculture may spend up to five percent (5%) of the annual appropriations from

this fund on education of landowners, producers and managers concerning

conservation and protection practices. No more than ten percent (10%) of the

annual appropriation from this fund may be used for management costs associated

with technical assistance to accomplish the purposes of the fund and/or the

administration of the fund. It is the intent of the general assembly that the highest

priority of the agricultural resources conservation fund is to abate and prevent

nonpoint source water pollution that may be associated with agricultural production;

therefore, the commissioner of agriculture may spend no more than fifteen percent

(15%) of the annual appropriations from the fund for the combined purposes of

preventing or remedying air, noise, dust, and odor pollution, or similar nuisance

type environmental problems associated with agricultural production. The

commissioner of agriculture may expend agricultural resources conservation funds

as matching dollars to secure additional funding to fulfill the purposes for which the

fund was established.

(4) The commissioner of agriculture shall seek advice from the commissioner of

environment and conservation in determining the most effective ways to abate

nonpoint pollution from agricultural activities.

(m) Transfers to Other Funds. Beginning in fiscal year 2015-2016 and in each subsequent

fiscal year, fifty percent (50%) of the total growth in collections of the tax levied by

subsection (a) over the previous fiscal year and deposited to the funds enumerated in

subsections (g), (i), (j), and (l) shall be transferred and credited as follows:

(1) Sixty-four percent (64%) of the growth funds shall be transferred and credited to

the Tennessee Civil War or War Between the States site preservation fund created

by § 4-11-112, to be used exclusively as provided in § 4-11-112; and

(2) Thirty-six percent (36%) of the growth funds shall be transferred and credited to

historic property land acquisition fund created by § 4-11-113, to be used

exclusively as provided in § 4-11-113.

(n) Reports of Expenditures.

(1)

(A) By February 1 of every odd-numbered year, the commissioner of environment

and conservation shall file with the energy, agriculture and natural resources

committee of the senate and the agriculture and natural resources committee of

the house of representatives a report detailing expenditures made from the state

lands acquisition fund and grants made to local governments from the local

parks land acquisition fund.

(B) By February 1 of every odd-numbered year, the fish and wildlife commission

shall file with the energy, agriculture and natural resources committee of the

senate and the agriculture and natural resources committee of the house of

representatives a report detailing expenditures made from the wetlands

acquisition fund.

shall file with the energy, agriculture and natural resources committee of the

senate and the agriculture and natural resources committee of the house of

representatives a report detailing expenditures made from the agricultural

resources conservation fund.

(2)

(A) Once every five (5) years, beginning in 1996, the commissioner of environment

and conservation and the fish and wildlife commission shall reevaluate their land

acquisition goals and priorities and shall incorporate their findings and

conclusions into a written plan. This plan shall be submitted to the energy,

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agriculture and natural resources committee of the senate and the agriculture

and natural resources committee of the house of representatives, which shall

conduct public hearings on the plan.

(B) Once every five (5) years, beginning in 2002, the commissioner of agriculture

shall reevaluate the progress and accomplishments of the agricultural resources

conservation fund and shall incorporate the conclusions and recommendations

of such reevaluation into a written plan. This plan shall be submitted to the

energy, agriculture and natural resources committee of the senate and the

agriculture and natural resources committee of the house of representatives,

which shall hold public hearings on the plan.

(o) Management Policies. The commissioner of environment and conservation and the

fish and wildlife commission shall establish policies for the management of land

acquired with funds from the state lands acquisition fund and the wetlands acquisition

fund, which policies shall be designed to foster a good relationship with nearby private

landowners and to prevent adverse impacts on adjoining property. These policies shall

be publicized to nearby private landowners.

§ 67-4-708 Business Tax Act – classifications

Businesses, vocations and occupations that are taxable are set forth in the following

classifications; provided, that each person shall be classified according to the dominant

business activity:

(3) Classification 3.

(A) Each person engaged in the business of making sales of the following:

(xi) Architectural supplies . . . bait . . . leather goods . . . pet foods, pets . . .

furnishing or rendering services, except those described in subdivisions

(3)(C)(i)-(xvi). It is the legislative intent that the exceptions in subdivisions

(3)(C)(i)-(xvi) shall include the sales of services by those businesses or

establishments so described in the Standard Industrial Classification Index of

1972, including all supplements and amendments prepared by the bureau of

the budget of the federal government, except where otherwise provided:

(iv) Services rendered by nonprofit membership organizations operating on a

nonprofit membership basis for the promotion of the interest of the

members;

(vi) Services furnished by nonprofit educational and research agencies;

(vii) Services by religious and charitable organizations;

(xiii) Lessors of the following properties: agricultural, airport, forest, mining, oil,

and public utility;

(xv) Services furnished by persons engaged in the practice of veterinary

medicine, dentistry or surgery, including services involving the boarding

and lodging of animals;

(xvi) Farmers providing services to other farmers for the planting or

harvesting of agricultural products or for the preparation, improvement,

or maintenance of land used in the production of agricultural products;

(4) Classification 4. Each person engaged or continuing in this state in the business

of contracting or performing a contract or engaging in any of the activities, or

similar activities, listed in subdivisions (4)(A) and (B) for a price, commission, fee

or wage:

(B) Each person engaged in the business of selling livestock, poultry or other farm

products not exempted under § 67-4-712; provided, that the tax imposed in §

67-4-709(b)(4) shall apply to all commissions, fees, margins or other charges

received from such sales; and

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§ 67-4-712 Exemptions

(a)

(1) Each person being unable to see by reason of total blindness, owning less than

two thousand five hundred dollars ($2,500) of property above encumbrances on

the property and doing business with a capital not exceeding two thousand five

hundred dollars ($2,500), residing in and being a citizen of Tennessee and of the

county in which the exemption shall be claimed, and being the sole beneficiary of

the business, shall be exempt from the payment of the taxes payable by persons

taxable under § 67-4-708(1)-(4). Any institution for the blind engaged in the training

and employment of the blind of the state likewise shall be exempt from the

payment of the privilege taxes imposed, without regard to property qualifications.

(2) Any disabled former uniformed member of the armed forces who is a veteran of

any armed conflict in which the United States has engaged, or any peacetime

uniformed member of the armed forces who was disabled while in regular service,

owning less than five thousand dollars ($5,000) of property above encumbrances

on the property and doing business with a capital stock of not exceeding five

thousand dollars ($5,000), residing in and being a citizen of the state of Tennessee

and of the county in which the exemption shall be claimed, and being the sole

beneficiary of the business, shall be exempt from the payment of the taxes

imposed upon persons in § 67-4-708(1)-(4). Only one (1) exemption may be

claimed by any one (1) person under this subsection (a), and any business for

which the exemption is claimed shall be conducted by such former member

personally or a member of such member's immediate family who may be assisted

by not more than one (1) person not a member of the family. With respect to former

members operating as peddlers, one (1) vehicle shall be considered as one (1)

place of business.

(3) The proper collectors shall require the applicant who wishes to seek the benefits of

the exemptions under this subsection (a) to make an affidavit setting out the

applicant's disability and the applicant's financial condition and the source of the

applicant's income before the license shall be issued, and any person making a

false affidavit and procuring a free privilege license commits perjury and shall be

punished under the law.

(b) This part shall not apply to the following persons in the circumstances indicated:

(1) Any person in respect to that person’s employment in the capacity of an employee

or servant as distinguished from that of an independent contractor;

(2) Any person primarily engaged in the manufacture of goods, wares, merchandise or

other articles of value from a location or outlet subject to ad valorem taxation under

chapter 5, part 5 of this title;

(3) Any person taxable under part 4 of this chapter with respect to receipts taxable

under such provisions;

(4) Newspaper route carriers and newspaper peddlers;

(5) Any institution operated for religious or charitable purposes, with respect to any

profits that are earned from the sale of items contributed to the institution or articles

produced by the institution from such contributed items;

(6) Persons conducting shows, displays, or exhibits sponsored by any nonprofit

organization of gun collectors; provided, that any person who regularly engages in

business as a dealer in guns or who sells guns for future delivery shall not be

exempt under this subsection (b); and

(7) Any person residing or located in this state whose only taxable business activity

during the tax period is conducted at the Tennessee state fair or at only one (1)

county fair, and any governmental entity, nonprofit corporation, institution or

organization which has received a determination of exemption from the internal

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revenue service pursuant to 26 U.S.C. § 501(c)(3) or (c)(4), and is currently

operating under it, and whose only taxable business activity during the tax period is

conducted at the Tennessee state fair, county fairs and their affiliates.

(c)

(1) The gross sales made in this state of livestock, horses, poultry, nursery stock and

other farm products direct from the farm are exempt from the tax levied by this part;

provided, that such sales are made directly by the producer, breeder, or trainer.

When sales of livestock, horses, poultry, or other farm products are made by any

person other than the producer, breeder or trainer, they shall be classed and taxed

under § 67-4-708(4).

(2) No provision of this part shall apply to catfish farmers.

(d)

(1) Any person having sales of less than ten thousand dollars ($10,000) within a

county shall be exempt from the tax and licensing provisions in §§ 67-4-704 and

67-4-723(a) with respect to the sales sourced to that county as provided in § 67- 4-

717(b).

(2) Any person having sales of less than ten thousand dollars ($10,000) within an

incorporated municipality shall be exempt from the tax and licensing provisions in

§ 67-4-705 and § 67-4-723(a) with respect to the sales sourced to that municipality

as provided in § 67-4-717(c).

(3) Any person subject to the tax imposed by this chapter due to the operation of

§ 67-4-717(a) and having sales of less than ten thousand dollars ($10,000) within a

county shall be exempt from the taxing provision in § 67-4-704 with respect to the

sales occurring in that county.

(e) Gross proceeds derived from admissions to amusement or recreational activities

conducted, produced, or provided by not-for-profit museums, not-for-profit entities that

operate historical sites and not-for-profit historical societies, organizations or

associations by organizations that have received and currently hold a determination of

exemption from the internal revenue service pursuant to 26 U.S.C. § 501(c), or by

organizations listed in Major Group No. 86 of the Standard Industrial Classification

Manual of 1972, prepared by the office of management and budget of the federal

government; provided, that this exemption shall not apply unless such entities,

societies, associations or organizations promote, produce, and control the entire

production or function.

(f) The tax imposed by this part shall not apply to a qualified business doing business

from a location within an enterprise zone. The tax exemption provided by this

subsection (f) shall only be allowed, however, to a qualified business for five (5) years

from the date such business is originally certified as a qualified business.

§ 67-4-2008 Excise Tax Law of 1999 – exemption if 66.7% of an entity’s activity is

farming

(a)

(6) Limited liability companies, limited partnerships, and limited liability partnerships, if

all of the following criteria are met:

(A) At least sixty-six and sixty-seven hundredths percent (66.67%) of the activity of

the entity is either farming or the holding of one (1) or more personal residences

where one (1) or more of the members or partners reside. For purposes of this

subdivision (a)(6)(A), the following provisions shall apply:

(i) “Farming” is the growing of crops, nursery products, timber or fibers, such as

cotton, for human or animal use or consumption; the keeping of horses,

cattle, sheep, goats, chickens or other animals for human or animal use or

consumption; the keeping of animals that produce products, such as milk,

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eggs, wool or hides for human or animal use or consumption; or the leasing

of the land to be used for the purposes described in this subdivision (a)(6)(A);

(ii) For this purpose, the activity of the entity shall be considered farming only if

at least sixty-six and sixty-seven hundredths percent (66.67%) of its income,

including capital gains from the sale of land and other assets used in farming,

is derived from farming and at least sixty-six and sixty-seven hundredths

percent (66.67%) of its assets, valued at original cost to the entity, are used

by the owner or by the owner's lessee or sharecropper for farming. In the

event that an asset's original cost to the entity cannot be determined, or there

is no original cost to the entity, for purposes of this subdivision (a)(6)(A), the

property shall be valued at its fair market value at the time of acquisition by

the entity;

(iii) A “personal residence” or “personal residences,” as used in subdivision

(a)(6)(A), includes acreage contiguous to the dwelling;

(iv) Any entity that qualifies for franchise tax exemption under this subdivision

(a)(6), because of farming activity or because the property has been used as

a personal residence for at least five (5) years, shall remain exempt for one

(1) year from the end of the calendar year in which it ceases to qualify for the

exemption, but only with regard to property and transactions related to

property that it held at the time that it last qualified for the exemption. Net

worth resulting from sales and other transactions involving real, tangible, or

intangible property acquired by the entity after it ceased to qualify for the

exemption (after-acquired property) shall be subject to the franchise tax.

After-acquired property shall be included in the entity's franchise tax

minimum measure. If the entity computes an apportionment formula, any

after-acquired property and any compensation or gross receipts related to

such property shall be included in the appropriate factors of such formula;

and

(v) In order to qualify as a personal residence, the dwelling unit must be

occupied for personal use by partners or members of the entity for more days

than it is rented to others who are not partners or members of the entity. For

purposes of this subdivision (a)(6), Internal Revenue Code 280A(d)(2),

codified in 26 U.S.C. § 280A(d)(2), shall be used to define ‘‘personal use”;

§ 67-5-212 Property Tax – exemptions- religious, charitable, scientific,

educational institutions - Assessment Act

(a)

(1) There shall be exempt from property taxation the real and personal property, or any

part of the real and personal property, owned by any religious, charitable, scientific,

or nonprofit educational institution that is occupied and actually used by the

institution or its officers purely and exclusively for carrying out one (1) or more of

the exempt purposes for which the institution was created or exists. There shall

further be exempt from property taxation the real and personal property, or any part

of the real and personal property, owned by an exempt institution, but occupied

and actually used by:

(A) Another religious, charitable, scientific, or nonprofit educational institution or its

officers purely and exclusively for carrying out one (1) or more of the exempt

purposes for which the occupying institution was created or exists;

(B) An exempt institution that originated as part of a single exempt institution and

that continues to use the property for the same religious, charitable, scientific, or

nonprofit educational purposes, whether by charter, contract, or other

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agreement or arrangement; or

political subdivision thereof.

(2) In determining the exemption applicable to a post-secondary educational

institution, there shall be a presumption that the entire original campus of an

institution chartered before 1930 is an historical and integral entity, and is exempt

so long as no particular portion of such campus is used for nonexempt purposes.

(3)

(A) The property of such institution shall not be exempt, if:

(i) The owner, or any stockholder, officer, member, or employee of such

institution shall receive or may be lawfully entitled to receive any pecuniary

profit from the operations of that property in competition with like property

owned by others that is not exempt, except reasonable compensation for

services in effecting one (1) or more of such purposes, or as proper

beneficiaries of its strictly religious, charitable, scientific, or educational

purposes; or

(ii) The organization thereof for any such avowed purpose be a guise or

pretense for directly or indirectly making any other pecuniary profit for such

institution, or for any of its members or employees, or if it be not in good faith

organized or conducted exclusively for one (1) or more of these purposes.

(B) The real property of any such institution not so used exclusively for carrying out

thereupon one (1) or more of such purposes, but leased or otherwise used for

other purposes, whether the income received therefrom be used for one (1) or

more of such purposes or not, shall not be exempt; but, if a portion only of any

lot or building of any such institution is used purely and exclusively for carrying

out thereupon one (1) or more of such purposes of such institution, then such

lot or building shall be so exempt only to the extent of the value of the portion so

used, and the remaining or other portion shall be subject to taxation.

(4) No church shall be granted an exemption on more than one (1) parsonage, and an

exempt parsonage may not include within the exemption more than three (3) acres.

(5) For property owned by a corporation organized for the exclusive purpose of holding

title to property for use by any organization that itself qualifies for exemption under

this section, only such property of the corporation, or such parts thereof, as would

be entitled to an exemption under this section if owned directly by such

organization shall be exempt from property taxation.

(b)

(1) Any owner of real or personal property claiming exemption under this section or §

67-5-207, § 67-5-213, § 67-5-219, or as otherwise required by law, shall file an

application for the exemption with the state board of equalization on a form

prescribed by the board and supply such further information as the board may

require to determine whether the property qualifies for exemption. No property that is

subject to these application requirements shall be exempted from property taxes

unless the application has been approved in writing by the board. An application

shall be deemed filed on the date it is received by the board or, if mailed, on the

postmark date. The applicant shall provide a copy of the application with any

supporting materials to the assessor of property of the county in which the property

is located. An application for exemption pursuant to this section or any other

section referring to these procedures shall be treated as an appeal for purposes of

§ 67-5-1512.

(2) The board shall make an initial determination granting or denying exemption

through its staff designee, who shall send written notice of the initial determination

to the applicant and the assessor of property. Written notice includes notification by

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electronic means and notice may be preserved in digital or electronic format. Either

the assessor of property or the applicant may appeal the initial determination to the

board and shall be entitled to a hearing prior to any final determination of

exemption. The assessor shall retain copies of any approved exemptions in paper,

electronic, or digital format. Upon approval of exemption, it is not necessary that

the applicant reapply each year, but the exemption shall not be transferable or

assignable and the applicant shall promptly report to the assessor any change in

the use or ownership of the property that might affect its exempt status. The board

may by rule impose a filing fee for processing applications for exemption. Such

filing fee shall not exceed one hundred twenty dollars ($120) and shall be

proportionate to the value of the property at issue. For purposes of this section,

“filing” means one (1) submission that may include multiple parcels, including real

and personal property, with a clear nexus to one (1) exemption determination.

(3)

(A) Any institution claiming an exemption under this section that has not previously

filed an application for and been granted an exemption for a parcel must file an

application for exemption with the state board of equalization by May 20 of the

year for which exemption is sought. If the application is approved, the

exemption will be effective as of January 1 of the year of application or as of the

date the exempt use of such parcel began, whichever is later. If application is

made after May 20 of the year for which exemption is sought, but prior to the

end of the year, the application may be approved but will be effective for only a

portion of the year determined as follows:

(i) If application is filed within thirty (30) days after the exempt use of the

property began, exemption will be effective as of the date the exempt use

began; or

(ii) If application is filed more than thirty (30) days after the exempt use began,

the exemption will be effective as of the date of application.

(B) If a religious institution acquires property that was duly exempt at the time of

transfer from a transferor who had previously been approved for a religious use

exemption of the property, or if a religious institution acquires property to

replace its own exempt property, then the effective date of exemption shall be

three (3) years prior to the date of application, or the date the acquiring

institution began to use the property for religious purposes, whichever is later.

The purpose of this subdivision (b)(3) is to provide continuity of exempt status

for property transferred from one exempt religious institution to another in the

specified circumstances. For purposes of this subdivision (b)(3), property

transferred by a lender following foreclosure shall be deemed to have been

transferred by the foreclosed debtor, whether or not the property was assessed

in the name of the lender during the lender's possession.

excess of five hundred thousand (500,000), according to the 2010 federal

census or any subsequent federal census, if a nonprofit educational institution

which is a medical college acquires one (1) or more parcels of land or portions

thereof for the purpose of carrying out one (1) or more of the exempt purposes

for which the institution was created or exists, the institution may claim and file

an application for exemption under this section or § 67-5-213, and the effective

date of such exemption shall be up to three (3) years prior to the date of

application, or the date the institution began to use the property for exempt

purposes, whichever is later. This subdivision (b)(3)(C) shall apply to properties

acquired before May 25, 2017, so that such properties are not subject to

taxation under this chapter while owned by the exempt educational institution

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and used for one (1) or more of the exempt purposes for which the institution

was created or exists; provided, however, that nothing in this subdivision

(b)(3)(C) requires a county to refund any taxes that were collected prior to May

25, 2017.

(D) In any county with a population of not less than four hundred thirty-two

thousand two hundred (432,200) nor more than four-hundred thirty-two

thousand three hundred (432,300), according to the 2010 federal census or any

subsequent federal census, or within a municipality located within such county,

if a nonprofit children's hospital changes the use of one (1) or more parcels of

land or portions thereof for the purpose of carrying out one (1) or more of the

exempt purposes for which the institution was created or exists, the institution

may claim and file an application for exemption under this section or § 67-5-213,

and the effective date of such exemption shall be up to three (3) years prior to

the date of application, or the date the institution began to use the property for

exempt purposes, whichever is later. In determining the date that a qualifying

institution begins using property for an exempt purpose, subsection (g) applies

to the full extent of both improvements and underlying real property so that the

entire property, to the extent that the full value of underlying land and any

improvements thereon, is considered to be occupied and used by the qualifying

institution or its officers purely and exclusively for the institution's purposes from

and after the commencement of construction of improvements. This subdivision

(b)(3)(D) applies to properties acquired before May 15, 2018, so that such

properties are not subject to taxation under this chapter while owned by the

qualifying institution and used for one (1) or more of the exempt purposes for

which the institution was created or exists, and any property taxes paid on such

property that were collected prior to May 15, 2018, shall be refunded.

(4) All questions of exemption under this section shall be subject to review and final

determination by the board; provided, that any determination by the board is

subject to judicial review by petition of certiorari to the appropriate chancery court.

All other provisions of law notwithstanding, no property shall be entitled to judicial

review of its status under this statute, except as provided by the Uniform

Administrative Procedures Act, compiled in title 4, chapter 5, and only after the

exhaustion of administrative remedies as provided in this section.

(5) The state board of equalization may revoke any exemption approved under this

section, either in whole or in part, if it determines that the exemption was approved

on the basis of fraud, misrepresentation, or erroneous information, that the current

owner of the property does not qualify for exemption, or that the property is not

actually being used for an exempt purpose. Property is not actually being used for

an exempt purpose if the property is not currently in use, has been abandoned, is

not suitable for human habitation, or is being used for a nonexempt purpose. The

executive secretary of the board may initiate proceedings for revocation on the

executive secretary's own motion or upon the written complaint of any person upon

a determination of probable cause. Revocation shall not be retroactive, unless the

order of revocation incorporates a finding of fraud or misrepresentation on the part

of the applicant or failure of the applicant to give notice of a change in the use or

ownership of the property as required by this section.

association devoting its efforts and property, or any portion thereof, exclusively to the

improvement of human rights and/or conditions in the community.

(see full statute)

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§ 67-5-216 Property Tax - exemption - growing of crops (relevant portion)

(a) All growing crops of whatever kind, including, but not limited to, timber, nursery stock,

shrubs, flowers, and ornamental trees, the direct product of the soil of this state or any

other state of the union, in the hands of the producer or the producer's immediate

vendee, and articles manufactured from the produce of this state, or any other state of

the union, in the hands of the manufacturer, shall be exempt from taxation.

(b)

(1) All livestock and poultry of whatever kind in the hands of the producer or the

producer's immediate vendee shall be exempt from taxation.

(2) “Immediate vendee” is limited to farm use and does not include any person using

such products in meat processing.

§ 67-6-301 Sales and Use Taxes – exemptions — agricultural products

(a)

(1) The gross proceeds derived from the sale in this state of livestock, nursery stock,

poultry and other farm or nursery products, in any calendar year, directly from a

farmer or nurseryman, are exempt from the tax levied by this chapter, if fifty percent

(50%) or more of such products are grown or produced in the calendar year by

such farmer or nurseryman. If less than fifty percent (50%) of such products in any

calendar year are grown or produced by the farmer or nurseryman, then only the

gross proceeds of the sale in this state of the products actually grown or produced

by such farmer or nurseryman shall be exempt from the tax levied by this chapter.

When sales of livestock, nursery stock, poultry, or other farm or nursery products

are made to consumers, other than as provided herein, they are not exempt from

the tax imposed by this chapter.

(2) As used in subdivision (a)(1), unless the context otherwise requires, "sale directly

from a farmer or nurseryman," includes, but is not limited to, the sale of farm or

nursery products directly from a farmer to a consumer via an online nonprofit

farmers' market; provided, that:

(A) An amount equal to the consumer's full purchase price is transmitted by the

consumer or the online farmers' market to the farmer; and

(B) The cooperative or other organizing body of the online farmers' market levies no

fee or other charge for facilitating the sales other than virtual booth rental fees

periodically assessed to participating farmers in order to pay the actual costs

incurred by the cooperative or organizing body in operating the online farmers'

market.

(b) It is specifically provided that the use tax, as defined herein, shall not apply to

livestock and livestock products, to poultry and poultry products, to farm, nursery and

agricultural products, when produced by the farmer or nurseryman and used by the

nurseryman and members of the nurseryman's family.

(c)

(1) Each and every agricultural commodity sold by any person, other than a producer,

to any other person, who purchases not for direct consumption, but for the purpose

of acquiring raw products for use or for sale in the process of preparing, finishing,

or manufacturing such agricultural commodity for the ultimate retail consumer

trade, shall be and is exempt from any and all provisions of this chapter, including

payment of the tax applicable to the sale, storage, use, transfer, or any other

utilization or handling thereof, except when such agricultural commodity is actually

sold as a marketable or finished product to the ultimate consumer, and in no case

shall more than one (1) tax be exacted.

(2) "Agricultural commodity," for purposes of this section, means horticultural, poultry,

and farm products, livestock and livestock products, and harvested trees.

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(d) The gross proceeds derived from the sale in this state of products that are grown or

produced in a community garden, as defined in 43-24-102, in any calendar year,

directly from a representative of the community garden, are exempt from the tax

levied by this chapter.

§ 67-6-330 Sales and Use Taxes – amusement tax exemptions

(a) There is exempt from the sales tax on admission, dues or fees imposed by § 67-6-

212:

(1) Events or activities held for or sponsored by public or private schools, kindergarten

through grade twelve (K-12);

(2) The sales price of admissions to county or agricultural fairs and any dues, fees or

charges that enable or entitle the entrant to engage in any otherwise taxable

amusement activity held therein, including games, rides, shows, contests, or

grandstand events;

(3) Membership application fees, dues or contributions, except that portion attributable

to admission prices, paid to institutions and organizations that have received a

determination of exemption from the internal revenue service, pursuant to 26

U.S.C. § 501(c)(3), (8) and (19) and that are currently operating under such

exemption;

(4) Membership fees or dues of those organizations listed in Major Group No. 86 of the

Standard Industrial Classification Manual of 1972, as amended, prepared by the

office of management and budget of the federal government;

(5)

(A) The sales price of admissions to amusement or recreational activities

conducted, produced, or provided by:

(i) Not-for-profit museums, not-for-profit entities that operate historical sites and

not-for-profit historical societies, organizations or associations;

(ii) Organizations that have received and currently hold a determination of

exemption from the internal revenue service, pursuant to 26 U.S.C. § 501(c);

(iii) Organizations listed in Major Group No. 86 of the Standard Industrial

Classification Manual of 1972, as amended, prepared by the office of

management and budget of the federal government; or

(iv) Tennessee historic property preservation or rehabilitation entities, as

defined in § 67-4-2004;

(B) The exemption provided for in this subdivision (a)(5) shall not apply unless such

entities, societies, associations or organizations promote, produce and control

the entire production or function;

(6) Fees in any form resulting from the production of television, film, radio or theatrical

presentations. This exemption shall not include any dues, fees or other charges

made on or for the admission of the public to such presentations;

(7) Events or activities conducted upon rivers and waterways in this state whose

continued use for recreational purposes is contingent upon revenue produced

pursuant to agreements entered into between the state of Tennessee and the

federal government, or an agency thereof, which agreements provide for the

establishment of a trust fund for such purposes; provided, that this exemption shall

prevail only if the annual distribution of funds to the state from such trust fund

exceeds that amount of revenue to the state that would otherwise be produced if

the amusement tax under the provisions of § 67-6-212 were imposed on such

events or activities, as determined by the fiscal review committee;

(8) All sales contractually committed and/or for which money has been paid prior to

June 1, 1984;

(9) Athletic events for participants under eighteen (18) years of age sponsored by civic

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or not-for-profit organizations;

(10) The sales price of admissions to amusement or recreational activities or facilities

conducted, produced and controlled by municipalities or counties;

(11) Membership assessments for capital improvements made by a recreation club,

community service organization or country club against its members;

(12) The sales price of admissions to beauty pageants or rodeos and any fees,

charges or rental fees that entitle or enable the entrant to engage in any otherwise

taxable amusement activity held therein that are conducted, produced or provided

by a nonprofit civic organization; provided, that this exemption only applies to

beauty pageants or rodeos that have been held in the same city for thirty (30) years

or longer;

(13) The sales price of admissions to musical concerts conducted, produced or

provided by not-for-profit community group associations, if such associations

promote, produce and control such concerts;

(14) Any event or activity held by an employer solely for the benefit of the employer's

employees; provided, that such event or activity must be entirely produced and

controlled by such employer;

(15) Fishing tournament registration fees collected from tournament participants;

(16) Admission, dues, fees, or other charges paid to any person principally engaged in

offering services or facilities for the development or preservation of physical fitness

through exercise or other active physical fitness conditioning. This exemption shall

apply to services and facilities such as gyms, fitness centers, fitness studios, high

intensity interval training, cross training, ballet barre, pilates, yoga, spin classes,

aerobics classes, and other substantially similar services and facilities that

principally provide for exercise or other active physical fitness conditioning. This

exemption shall not apply to persons principally engaged in offering recreational

activities such as country clubs, tennis clubs, golf courses, and other substantially

similar recreational facilities and activities;

(17) Any entry fee or charge that allows an entrant to participate in a contest or

tournament or charity horse show;

(18) Charges made by landowners for permission to hunt native wildlife on their

property that is located partially or entirely in a county having a population of not

less than thirty-one thousand nine hundred (31,900) nor more than thirty-two

thousand (32,000), according to the 1980 federal census or any subsequent

federal census; and

(19) The fee paid by an establishment operated primarily for the sale of prepared food

to one (1) or more persons for the purpose of providing live entertainment to the

patrons of such establishment.

(b) The exemptions provided in subdivisions (a)(6) and (11) do not apply to interscholastic

sports held or sponsored by private or public colleges or universities.

§ 68-1-101 Department of Health -- department organized into divisions;

expedited issuance of license (relevant portion)

(a) The department of health shall be organized into the following divisions:

(7) The division of rabies control, the head of which shall be the director of rabies

control; and

(8) The division of health related boards for all administrative, fiscal, inspectional,

clerical and secretarial functions of the following boards, agencies and

commissions:

(DD) Board of veterinary medical examiners.

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§ 68-1-201 Department of Health -- power to quarantine

(a) The commissioner has the power to:

(1) Declare quarantine whenever, in the commissioner's judgment, the welfare of the

public requires it; and

(2) Prescribe such rules and regulations as may be deemed proper for the prevention

of the introduction of yellow fever, cholera and other epidemic diseases into the

state.

(b)

(1) Whenever yellow fever, cholera, smallpox or other epidemic diseases appear in

any locality within the state, and information thereof is brought to the knowledge of

the department, the commissioner shall prepare and carry into effect such rules

and regulations as, in the commissioner's judgment, will, with the least

inconvenience to commerce and travel, prevent the spread of the disease.

(2) Whenever the commissioner determines that an influenza outbreak may pose a

threat of an epidemic, the commissioner shall prepare and carry into effect rules

and regulations that, in the commissioner's judgment, will, with the least

inconvenience to commerce and travel, prevent the spread of the disease.

movement, isolation of a person, or preventing or restricting access to premises upon

which the person or the cause or source of a disease may be found, for a period of

time as may be necessary to confirm or establish a diagnosis, to determine the cause

or source of a disease, or to prevent the spread of a disease.

§ 68-2-601 County Board of Health – members; powers and duties

(a) The county legislative body of each county may establish a board of health. The board

shall consist of the following:

(1) The county mayor;

(2) The director of schools or a designee appointed annually by the director;

(3) Two (2) physicians licensed to practice in the state of Tennessee, who shall be

nominated by the medical society serving that county;

(4) One (1) dentist licensed to practice dentistry in the state of Tennessee, who shall

be nominated by the dental society serving that county;

(5) One (1) pharmacist licensed to practice in the state of Tennessee, who shall be

nominated by the pharmaceutical society serving that county;

(6) One (1) registered nurse licensed to practice in the state of Tennessee, who shall

be nominated by the nurses association serving that county;

(7) The county health director and the county health officer shall serve as ex officio

members to the board, with the county health director serving as secretary to the

board. In the absence of a duly appointed county health director, the county health

officer shall serve as secretary. In the absence of the duly appointed county health

officer, the commissioner of health or the commissioner's designee shall serve in

that capacity. The board shall elect a chair at its first meeting and annually

thereafter. It is the duty of the chair to call all meetings of the board;

(8) The county legislative body may, by resolution, provide for the election of a doctor

of veterinary medicine as an additional member of the county board of health. The

county legislative body may also, by resolution, provide for the election of a citizen

representative as another additional member of the county board of health. The

citizen representative shall not, at the time of such citizen representative's election,

previous to such citizen representative's election, nor during the term of such

citizen representative's office, be a health provider or the spouse of a health

provider; and

(9) In the event a nomination is not timely made, the county legislative body may

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proceed to elect an otherwise qualified member.

(b) All members, except ex officio members, shall be residents of the county. In the event

that the required members are not available from within the county to serve on the

board of health, the board would remain duly constituted.

years. All vacancies shall be filled by the legislative body to serve the remainder of the

unexpired term. A majority of the board shall constitute a quorum.

(d) The county legislative body may remove an appointed member for cause.

(e) In counties which fail to establish an active board of health pursuant to subsection (a),

the commissioner of health may establish a health advisory committee to function as

provided in § 68-2-802; however, the commissioner or the commissioner's designee

retains all powers and duties of the board of health.

(f)

(1) Except as provided in § 68-2-611, under advisement of the county board of health

under subdivisions (f)(2)(B) and (C), the county mayor has the power to issue

orders as are necessary or appropriate to protect the general health and safety of

county residents.

(2) The powers and duties of county boards of health are to:

(A) Govern the policies of full-time county health departments established in

accordance with this chapter;

(B) Advise the county mayor on the enforcement of such rules and regulations as

may be prescribed by the commissioner essential to the control of preventable

diseases and the promotion and maintenance of the general health of the

county;

necessary or appropriate to protect the general health and safety of the citizens

of the county; and

(D) Require that an annual budget be prepared and, when this budget has been

approved by the county board of health, submit the same to the county

legislative body for consideration and subsequent provision of necessary funds

to meet all obligations under the adopted budgets.

(g) This part does not grant a county board of health the power to prohibit or regulate

agriculture as defined in § 1-3-105.

(h) County health departments shall not regulate agriculture as defined in § 1-3-105,

except as otherwise authorized under state law.

(i) A county health department or board of health of a county in existence prior to July 1,

1985, remains in existence after November 12, 2021. The regulations of such

departments and boards remain in full force in effect to the extent such regulations do

not conflict with this part.

§ 68-2-602 Violations of rules and regulations of county board – penalty

Any person who violates a county board of health regulation commits a Class C

misdemeanor.

§ 68-2-603 County health department – establishing; director; health officer

(a)

(1) Each county shall establish a county health department which shall be headed by,

and under the immediate direction of, a county health director.

(2) The county health director shall be appointed by the commissioner of health or by

the commissioner's designee, act as the administrative officer of the county health

department, take actions and make determinations necessary to properly execute

the state department of health's program`s, and adequately enforce the rules and

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regulations established by the commissioner.

(3) The county health director shall be a health professional who possesses the

necessary education and experience in public health administration as determined

by the state department of health and approved by the department of human

resources.

(4) The county health director shall have compensation paid, all or in part, by the state

department of health.

(5) If the county health director is a qualified physician, such county health director

may also serve as a county health officer.

(6) When the commissioner appoints a county health director pursuant to this

subsection (a), the appointment shall be made in writing by the commissioner in

concurrence with the county mayor of the county for which the appointment is

made. The mayor shall submit a slate of not more than three (3) nominees to the

commissioner for consideration within ten (10) days of a request for nominees by

the commissioner. The commissioner may appoint a health director from the list of

nominees or request additional nominees.

(b) It is the county health director's duty to enforce the regulations of the state department

of health.

medical direction including medical enforcement actions with the approval of the

commissioner or the county mayor. The county health officer shall be a graduate

doctor of medicine or osteopathy, schooled and experienced in public health work and

licensed to practice in the state of Tennessee. The county health officer shall have

compensation paid, all or in part, by the state department of health.

(d) Any person who undertakes to hold the position of county health officer without being

qualified as provided in this section commits a Class C misdemeanor.

(e) In the absence of a duly-appointed county health officer, the commissioner or the

commissioner's designee shall appoint a physician who shall provide medical

direction, including the authority outlined in § 68-2-609.

(f) Except as provided in subsection (g), in the absence of an epidemic or immediate

threat of an epidemic, any person who files with the county board of health a signed,

written statement that a specific regulation pertaining to personal medical treatment

conflicts with the person's religious tenets and practices, affirmed under penalty of

perjury, shall be exempted from the regulation.

(g) This section does not apply to an immunization, vaccination, or injection for the SARS-

CoV-2 virus or any variant of the SARS-CoV-2 virus.

§ 68-8-102 Tennessee Anti-Rabies Law – definitions

As used in this chapter, unless the context otherwise requires:

(1) “Cat” means all domesticated members of the feline family;

(2) “Commissioner” means the commissioner of health or a duly authorized

representative;

(3) “Compendium or rabies compendium” means the most recent issue of the national

“Compendium of Animal Rabies Prevention and Control” published by the Association

of State Public Health Veterinarians;

(4) “Confinement” means housed in a building, pen or by some other suitable escape-

proof method or enclosure or being leashed;

(5) “Department” means the Tennessee department of health;

(6) “Dog” means all domesticated members of the canine family;

(7) “Hybrid animal” means the offspring of wild animals crossbred to domestic dogs or

cats or any of their progeny for which the owner has records substantiating that their

genetic heritage consists of twenty-five percent (25%) or more from wild animals.

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Crossbred dogs or cats with less than twenty-five percent (25%) documented genetic

heritage from wild animals will be considered as domestic dogs or cats for purposes of

this chapter;

(8) “Observation period” means the time following a bite incident during which the biting

animal's health status must be monitored;

(9) “Owner” means any person having a right or property in a dog or cat, or who keeps or

harbors a dog or cat, or who has it in such person's care or acts as its custodian, or

who permits a dog or cat to remain on or about any premises;

(10) “Peace officer” means animal control officer, police, rabies control officer, sheriff,

wildlife officer, or similar duly appointed law enforcement officer of the state or any

political subdivision thereof, authorized by the Constitution, statutes, charter, or

ordinances to enforce statutory, rule, charter or ordinance violations. It does not

include employees of the department assigned to implement this chapter;

(11) “Quarantine” means a state of strictly enforced isolation from other animals or the

public imposed to prevent the spread of disease;

(12) “Shelter” means animal or humane shelter, dog pound or animal pound;

(13) “Vaccination” means the injection of a rabies vaccine for animals, which meets the

standards prescribed by both the United States Department of Agriculture (USDA)

license granted to the vaccine for interstate sale and by the department; and

(14) “Veterinarian” means any individual licensed by the state board of veterinary medical

examiners to practice veterinary medicine in this state.

§ 68-8-103 Anti-Rabies Law – vaccination; certificate and tags; frequency

(a) It is unlawful for any person to own, keep or harbor any dog or cat six (6) months of

age or older that has not been vaccinated against rabies as required by this chapter, or

the rules and regulations promulgated pursuant to this chapter.

(b) Dogs and cats may be vaccinated as early as three (3) months of age or at an age as

specified by the vaccine's United States department of agriculture (USDA) license, but

will be considered as noncompliant with this section if over six (6) months of age.

rabies if a vaccine is legally available for that species. Routine rabies vaccination of

animals other than dogs or cats is not required unless deemed necessary by the

commissioner or by emergency rules of the department.

(d) All rabies vaccinations of dogs and cats as required by this chapter shall be

administered only by or under the supervision of a veterinarian.

(e) Evidence of such vaccination shall consist of a certificate that contains the owner's

name and address, date of vaccination, date the dog or cat should be revaccinated,

description and sex of the dog or cat vaccinated, number of the vaccination tag issued

when applicable, manufacturer and lot number of vaccine administered, and the name

and signature of the supervising veterinarian. If the vaccination is given at an animal

control facility or shelter, then the certificate shall contain the name and signature of

the person administering the vaccine as well as that of the supervising veterinarian.

(f) The vaccination certificate shall be prepared in one (1) of the following manners, unless

otherwise provided for by rule:

(1) Paper forms in triplicate; the original shall be given to the owner, the first copy

provided to and retained by the department, and the veterinarian administering or

supervising the administration of the vaccine shall retain the second copy; or

(2) Computer printout or electronic format, such that the owner, the department and the

veterinarian administering the vaccine obtain a copy of the information provided for

in subsection (e).

(g) The rabies certificate form and rabies tags shall be provided by the department.

(h) A licensed veterinarian may provide and use an alternative tag and certificate providing

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that the requirements in subsections (e) and (f) are met.

(i) Nothing in this section shall be construed to require more frequent rabies vaccinations

or a greater number of rabies vaccinations than are required by the rabies

compendium.

§ 68-8-104 Anti-Rabies Law – registration of vaccinated cats and dogs may be

required; registration fees, use of

(a) In addition to, but not as a substitute for or in any way detracting from the vaccination

requirements of this chapter, authorization is granted for the adoption of local laws or

ordinances to require the registration of dogs or cats in counties or municipalities.

(b) Any local laws or ordinances implementing animal registration shall include methods

for the collection of registration fees and shall require the expenditure of these funds to

establish and maintain a rabies control program, also commonly known as an animal

control program. In addition to various animal control activities, the rabies control

program shall ensure that dogs and cats are properly vaccinated in accordance with

this chapter and that biting animals or rabies suspects are observed or confined in

accordance with this chapter and rules of the department.

rabies vaccination is exhibited.

(d) All fees collected for registration shall become part of the county or municipality rabies

control fund and shall be disbursed by the appropriate trustee in a manner prescribed

by the local legislative body for the sole purpose of the payment of salaries, for the

establishment and operation of an animal shelter, for the establishment and operation

of an animal control program, or for other expenses incidental to the enforcement of

this chapter in the jurisdiction to which the registration requirement applies.

(e) Any funds remaining at the end of any fiscal year shall be carried over to the next

fiscal year, and its expenditure authorized by the local legislative body only for the

purpose of rabies and animal control.

§ 68-8-105 Anti-Rabies Law – exempt programs

(a) Any county or municipality maintaining a program for the control of rabies shall be

exempt from the operation of this chapter so long as such rabies program meets the

minimum requirements of this chapter.

(b) This chapter shall not apply to any county that now has or hereafter may enact private

laws governing the control of rabies in that county, that meet the minimum

requirements of this chapter.

§ 68-8-106 Anti-Rabies Law – tag to be issued upon vaccination

(a) The person or facility administering the vaccine shall issue a rabies tag for every dog

vaccinated for rabies and the identification numbers on the tag shall be recorded on

the rabies certificate.

(b) Cats may be, but are not required, to be issued a rabies tag.

collar, which shall be worn at all times by the dog vaccinated; provided, that the collar

may be removed in the case of hunting dogs while in chase or returning from the

chase. Nothing in this section shall be construed as permitting the use of an

unvaccinated dog for any purpose.

§ 68-8-107 Anti-Rabies Law - Seizure of dogs/cats running at large -- Notification

of seized animals -- Redemption by owner -- Vaccination requirement.

(a) Any dog found running at large may be seized by any peace officer and placed in an

animal shelter in counties or cities where an animal shelter or pound is available.

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(b) If the dog or cat is wearing a rabies vaccination tag or other identification, all

reasonable effort shall be made to locate and notify the owners who shall be required

to appear within five (5) days and redeem the animal by paying a pound fee as set by

the city or county legislative body. A failure to pay the pound fee, or have the animal

vaccinated if proof of current vaccination is not produced prior to release, shall require

the animal to be adopted or destroyed.

be adopted or destroyed, unless legally claimed by the owner within three (3) days.

(d) No dog or cat three (3) months of age or older shall be released from a shelter without

having proof of current vaccination or until it has been vaccinated and, where

applicable, a tag issued.

(e) A county may allow, by local ordinance, the adoption of a dog or cat three (3) months

of age or older without a vaccination as long as procedures are established to ensure

that the animal is vaccinated for rabies within seventy-two (72) hours of release from

the shelter.

§ 68-8-108 Anti-Rabies Law – not to interfere with transportation of confined

dogs and cats through the state

This chapter shall not prohibit the transportation of dogs or cats in the state; provided,

that the dogs or cats are securely confined or kept on a leash while being transported in

the state.

§ 68-8-109 Anti-Rabies Law – confined observation or quarantine period after

biting a person; investigation

(a) If any animal has bitten any person, is suspected of having bitten any person or is for

any reason suspected of being infected with rabies, the animal may be required to be

placed under an observation period either by confinement or by quarantine for a period

of time deemed necessary by the commissioner or rules of the department.

(b) The act of investigating the bite or rabies exposure and placing the animal under

observation by confinement or quarantine shall be accomplished either by the

department or by the animal control program, in either the county or municipality

wherein either the animal owner or the person bitten resides, in consultation with the

department.

recommendations in the national rabies compendium unless more specific guidelines

are designated by duly promulgated rules of the department or as deemed necessary

by the commissioner to protect the public's health.

(d) The observation period by confinement or quarantine may occur at the animal owner's

home at the discretion of the department or the animal control program.

§ 68-8-110 Anti-Rabies Law - Offense of hiding or concealing animal in violation

of this chapter.

It is an offense for any person to hide, conceal, aid, or assist in hiding or concealing any

animal owned, kept or harbored in violation of § 68-8-103 or § 68-8-109. An offense

under this section is punishable as a Class C misdemeanor.

§ 68-8-111 Limit on veterinarian’s liability for participation in anti-rabies program

Any licensed veterinarian who provides services to vaccinate animals against rabies at

a community clinic that is sponsored by a county health department or municipality in

accordance with this chapter, shall not by such participation assume any responsibility

or liability for the supervision of the site or location where the rabies program is

conducted. Such responsibility and liability shall be borne by the sponsoring county or

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municipality.

§ 68-8-112 Anti-Rabies Law – rules and regulations

(a) The commissioner of health shall have the authority to promulgate such rules and

regulations as may be deemed necessary for the proper enforcement of this chapter.

(b) The commissioner in adopting rules may rely in whole or in part on guidance or

standards contained in the rabies compendium or issued by the United States

department of agriculture.

such importance to the welfare of the citizens of this state that they may be

promulgated as emergency rules.

§ 68-8-113 Anti-Rabies Law – violations

Any person failing to meet any requirements or violating any of the provisions of this

chapter commits a Class C misdemeanor with each violation being a separate offense.

§ 68-131-102 Tennessee Hazardous Substances Act – part definitions

(a) As used in this part, unless the context otherwise requires:

(1) “Antifreeze” means any substance or preparation sold, distributed or intended for

use as the cooling liquid or to be added to the cooling liquid in the cooling system

of internal combustion engines of motor vehicles to prevent freezing of the cooling

liquid or to lower its freezing point.

(2)

(A) “Banned hazardous substance” means:

(i) Any toy or other article intended for use by children, that:

(a) Is a hazardous substance;

(b) Bears or contains a hazardous substance in such manner as to be

susceptible of access by a child to whom such toy or other article is

entrusted; or

thermal hazards; or

(ii) Any hazardous substance intended or packaged in a form suitable for use

in household, that the commissioner by regulation classifies as a banned

hazardous substance on the basis of a finding that, notwithstanding such

cautionary labeling as is or may be required under this part for that

substance, the degree or nature of the hazard involved in the presence or

use of such substance in households is such that the objective of the

protection of the public health and safety can be adequately served only by

keeping such substance, when so intended or packaged, out of the

channels of commerce; provided, that the commissioner, by regulation:

(a) Shall exempt from subdivision (2)(A)(i) articles, such as chemical sets,

that by reason of their functional purpose require the inclusion of the

hazardous substance involved, and that bear labeling giving adequate

directions and warnings for safe use and are intended for use by children

who have attained sufficient maturity, and may reasonably be expected,

to read and heed such directions and warnings; and

(b) Shall exempt from subdivision (2)(A)(i), and provide for the labeling of

common fireworks, including toy paper caps, cone fountains, cylinder

fountains, whistles without report, and sparklers, to the extent that the

commissioner determines that such articles can be adequately labeled to

protect the purchasers and users of the articles;

(B) Proceedings for the issuance, amendment, or repeal of regulations pursuant to

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subdivision (2)(A)(ii) shall be governed by § 68-131-103;

after the sale of such substance or article by a manufacturer or a distributor to a

distributor or a dealer and prior to the sale of such substance or article by such

distributor or dealer, the distributor shall immediately repurchase such

substance or article at the price paid by such dealer, plus the transportation

charges involved, and the manufacturer shall immediately repurchase from the

distributor, or from the dealer if there is no distributor, such substance or article

unsold or repurchased at the price paid, plus all transportation charges

involved;

(3) “Bittering agent” means denatonium benzoate;

(4) “Commerce” means any and all commerce within the state of Tennessee and

subject to the jurisdiction of the state of Tennessee, and includes the operation of

any business or service establishment;

(5) “Commissioner” means the commissioner of agriculture or the commissioner's

legally authorized representative or agent;

(6) “Corrosive” means any substance that, in contact with living tissue, will cause

destruction of tissue by chemical action, but does not refer to action on inanimate

surfaces;

(7) “Department” means the Tennessee department of agriculture;

(8) “Electrical” means of or pertaining to the flow of an electrical charge or to electrons

in motion; an article may be determined to present an “electrical hazard,” if, in

normal use or when subjected to reasonably foreseeable damage or abuse, its

design or manufacture may cause personal injury or illness by electric shock

resulting from current leakage, inadequate insulation, accessibility of live parts, or

other conditions;

(9) “Extremely flammable” applies to any substance that has a flash point at or below

twenty degrees Fahrenheit (20° F), as determined by the Tagliabue Open Cup

Tester and “combustible” applies to any substance that has a flash point above

eighty degrees Fahrenheit (80° F), to and including one hundred fifty degrees

Fahrenheit (150° F), as determined by the Tagliabue Open Cup Tester; and

“flammable” applies to any substance that has a flash point above twenty degrees

Fahrenheit (20° F), to and including eighty degrees Fahrenheit (80° F), as

determined by the Tagliabue Open Cup Tester; except that the flammability or

combustibility of solids and of the contents of self-pressurized containers shall be

determined by methods found by the commissioner to be generally applicable to

such materials or containers, respectively, and established by regulations issued

by the commissioner, which regulations shall also define the terms “flammable,”

“combustible” and “extremely flammable” in accordance with such methods;

(10)

(A) “Hazardous substance” means:

(i) Any substance or mixture of substances that:

(a) Is toxic;

(b) Is corrosive;

(d) Is a strong sensitizer;

(e) Is flammable or combustible; or

(f) Generates pressure through decomposition, heat, or other means, if such

substance or mixture of substances may cause substantial personal injury

or substantial illness during or as a proximate result of any customary or

reasonably foreseeable handling or use, including reasonably foreseeable

ingestion by children;

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(ii) Any substances that the commissioner by regulation finds, pursuant to

§ 68-131-103(a), meet the requirements of subdivision (10)(A)(i);

(iii) Any radioactive substance, if, with respect to such substance as used in a

particular class of article or as packaged, the commissioner determines by

regulation that the substance is sufficiently hazardous to require labeling in

accordance with this part in order to protect the public health;

(iv) Any toy or other article intended for use by children that the commissioner

finds, pursuant to 68-131-103(e), meets the requirements of subdivision

(10)(A)(i)(d);

(B) “Hazardous substance” does not apply to economic poisons subject to the

Federal Insecticide, Fungicide, and Rodenticide Act, compiled in 7 U.S.C. 135-

135R, or the Tennessee Insecticide, Fungicide, and Rodenticide Act, compiled

in title 43, chapter 8, nor to foods, drugs, and cosmetics subject to the

Tennessee Food, Drug, and Cosmetic Act, compiled in title 53, chapter 1, nor

to substances intended for use as fuels when stored in containers and used in

the heating, cooking, or refrigeration system of a house, but “hazardous

substance” does apply to any article that is not itself an economic poison within

the meaning of the Federal Insecticide, Fungicide, and Rodenticide Act or the

Tennessee Insecticide, Fungicide, and Rodenticide Act, but that is a hazardous

substance within the meaning of subdivision (10)(A) by reason of bearing or

containing such an economic poison; and

material, or by-product material as defined in the Atomic Energy Act of 1954,

compiled in 42 U.S.C. 2011 et seq., and regulations issued pursuant to that act

by the atomic energy commission;

(11)

(A) “Highly toxic” means any substance that falls within any of the following

categories:

(i) Produces death within fourteen (14) days in one half (½) or more than one

half (½) of a group of ten (10) or more laboratory white rats, each weighing

between two hundred (200) and three hundred (300) grams, at a single dose

of fifty (50) milligrams or less per kilogram of body weight, when orally

administered;

(ii) Produces death within fourteen (14) days in one half (½) or more than one

half (½) of a group of ten (10) or more laboratory white rats, each weighing

between two hundred (200) and three hundred (300) grams, when inhaled

continuously for a period of one (1) hour or less at an atmosphere

concentration of two hundred (200) parts per million (1,000,000) by volume or

less of gas or vapor or two (2) milligrams per liter by volume or less of mist or

dust; provided, that such concentration is likely to be encountered by a

person when the substance is used in any reasonably foreseeable manner;

(iii) Produces death within fourteen (14) days in one half (½) or more than one

half (½) of a group of ten (10) or more rabbits tested in a dosage of two

hundred (200) milligrams or less per kilogram of body weight, when

administered by continuous contact with the bare skin for twenty-four (24)

hours or less;

(B) If the commissioner finds that available data on human experience with any

substance indicate results different from those obtained on animals in the

dosages or concentrations provided for in subdivision (11)(A), the human data

shall take precedence;

(12) “Immediate container” does not include package liners;

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(13) “Irritant” means any substance not corrosive within the meaning of subdivision (6),

which on immediate, prolonged, or repeated contact with normal living tissue will

induce a local inflammatory reaction;

(14) “Label” means a display of written, printed, or graphic matter upon the immediate

container of any substance, or in the case of an article that is unpackaged or is not

packaged in an immediate container intended or suitable for delivery to the

ultimate consumer, a display of such matter directly upon the article involved or

upon a tag or other suitable material affixed to the article, and a requirement made

by or under authority of this part that any word, statement, or other information

appearing on the label shall not be considered to be complied with, unless such

word, statement, or other information also appears:

(A) On the outside container or wrapper, if any there be, unless it is easily legible

through the outside container or wrapper; and

(B) On all accompanying literature where there are directions for use, written or

otherwise;

(15) “Mechanical” means of or pertaining to the design, construction or structure of a

substance; an article may be determined to present a “mechanical hazard,” if, in

normal use or when subjected to reasonably foreseeable damage or abuse, its

design or manufacture presents an unreasonable risk of personal injury or illness

by strangulation, suffocation, asphyxiation, fragmentation, explosion, puncture, or

other mechanical means;

(16) “Misbranded hazardous substance” means a hazardous substance, including a

toy, or other article intended for use by children, which is a hazardous substance,

or which bears or contains a hazardous substance in such manner as to be

susceptible of access by a child to whom such toy or other article is entrusted,

intended or packaged in a form suitable for use in the household or by children,

which substance, except as otherwise provided by or pursuant to 68-131-103, fails

to bear a label:

(A) That states conspicuously:

(i) The name and place of business of the manufacturer, packer, distributor, or

seller;

(ii) The common or usual name or the chemical name, if there be no common or

usual name, of the hazardous substance or of each component that

contributes substantially to its hazard, unless the commissioner by

regulation permits or requires the use of a recognized generic name;

(iii) The signal word “DANGER” on substances that are extremely flammable,

corrosive, or highly toxic;

(iv) The signal word “WARNING” or “CAUTION” on all other hazardous

substances;

(v) An affirmative statement of the principal hazard or hazards, such as

“Flammable,” “Combustible,” “Vapor Harmful,” “Causes Burns,” “Absorbed

Through Skin,” or similar wording descriptive of the hazard;

(vi) Precautionary measures describing the action to be followed or avoided,

except when modified by regulation of the commissioner pursuant to 68-

131-103;

(vii) Instruction, when necessary or appropriate, for first aid treatment;

(viii) The word “poison” for any hazardous substance that is defined as “highly

toxic” by subdivision (11);

(ix) Instructions for handling and storage of bulk shipments and packages that

require special care in handling or storage; and

(x) The statement:

(a) “Keep out of the reach of children” or its practical equivalent; or

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(b) If the article is intended for use by children and is not a banned

hazardous substance, adequate directions for the protection of children

from the hazard; and

(B) On which any statements required under subdivision (16)(A) are located

prominently and are in the English language in conspicuous and legible type in

contrast by typography, layout, or color with other printed matter on the label;

(17) “Person” includes an individual, partnership, corporation, or association, or the

person's legal representative or agent;

(18) “Radioactive substance” means a substance that emits ionizing radiation;

(19) “Strong sensitizer” means a substance that will cause on normal living tissue,

through an allergic or photodynamic process, a hypersensitivity that becomes

evident on reapplication of the same substances and that is designated as such

by the commissioner. Before designating any substance as a strong sensitizer,

the commissioner, upon consideration of the frequency of occurrence and

severity of the reaction, shall find that the substance has a significant potential for

causing hypersensitivity;

(20) “Thermal” means of or pertaining to the transfer or manifestation of heat energy;

an article may be determined to present a “thermal hazard” if it has surfaces or

parts normally touched, handheld, or grasped that exceed a temperature of one

hundred thirteen degrees Fahrenheit (113° F), or one hundred forty degrees

Fahrenheit (140° F) in the case of surfaces other than metal, or if it has surfaces

or parts exceeding one hundred forty degrees Fahrenheit (140° F), in normal use

or when subjected to reasonably foreseeable damage or abuse, that may be

touched accidentally, causing personal injury or illness. However, articles that

have parts or surfaces exceeding a temperature of one hundred forty degrees

Fahrenheit (140° F) that may be touched accidentally and are not normally

touched, handheld, or grasped shall not be found to present a thermal hazard, if

the following three (3) conditions are met:

(A) The article requires such surfaces or parts in order to perform the normal

function or purpose of the article;

(B) The article bears labeling giving directions and warnings for safe use; and

be used only by children who will comprehend the warning and use the toy

safely. Temperature tests shall be made at an ambient room temperature of

seventy-seven degrees Fahrenheit (77° F) (25° C); and

(21) “Toxic” applies to any substance, other than a radioactive substance, that has the

capacity to produce personal injury or illness to a human through ingestion,

inhalation or absorption through any body surface.

§ 68-131-106 Tennessee Hazardous Substances Act – injunction proceedings

In addition to the remedies provided in this part, the commissioner is authorized to apply

to a competent court in this state, and such court shall have jurisdiction upon hearing

and for cause shown, to grant a temporary or permanent injunction restraining any

person from violating any provision of § 68-131-104, irregardless of whether or not there

exists an adequate remedy at law.

§ 68-131-113 Tennessee Hazardous Substances Act – bittering agent added to

antifreeze or engine coolant; liability; construction regarding sale of motor

vehicle; violations; selection of alternative bittering agent

(a) Any and all antifreeze or engine coolant containing at least ten percent (10%) ethylene

glycol that is manufactured on or after January 1, 2010, shall contain a bittering agent

in a minimum concentration of thirty parts per million (30 p.p.m.) but not to exceed a

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maximum concentration of fifty parts per million (50 p.p.m.).

(b) No manufacturer, processor, distributor, recycler or seller of antifreeze or engine

coolant containing at least ten percent (10%) ethylene glycol that complies with this

section in this state shall be liable for any personal injury, death, property damage,

environmental damage or economic loss caused by the required inclusion of the

bittering agent to the antifreeze or engine coolant. The limitation on liability provided in

this subsection (b) does not apply to a particular liability to the extent that the cause of

the liability is unrelated to the inclusion of denatonium benzoate in any engine coolant

or antifreeze.

vehicle that contains engine coolant or antifreeze.

(d) Any person violating this section commits a Class C misdemeanor, punishable only by

a fine of fifty dollars ($50.00) per occurrence.

(e) Upon a determination by a federal or state authority that denatonium benzoate is

unsuitable for use, based on a threat to health and safety or the environment, the

commissioner of agriculture shall establish by rulemaking hearing, as required by the

Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 2, a bittering

agent that shall be required instead; provided, however, that the initial rules

establishing the bittering agent shall be promulgated as emergency rules in

compliance with § 4-5-208.

§ 70-1-101 Wildlife Resources – title definitions; construction of dates and

provisions

(a) As used in this title, unless the context otherwise indicates, the definitions and rules of

construction in this section shall govern the construction of this title, and proclamations

and rules and regulations made or adopted by the commission:

(1) “Agency” means the wildlife resources agency;

(2) “Angling” means any effort made to take, kill, injure, capture, or catch any fish and

every act of assistance in any effort;

(3) “Bag limit” means the maximum number of wildlife other than fish that may be

taken, caught, killed, or possessed, by any person for any particular period of time,

as provided by rule and regulation adopted by the commission;

(4) “Big game” means deer, bear, wild turkey, and all species of large mammals that

may be introduced or transplanted into this state for hunting;

(5) “Bullfrog” means jumbo frog (rana catesbiana);

(6) “Carcass” means the dead body of any wildlife or a portion of any such dead body;

(7) “Chumming” means placing fish, parts of fish, or other material upon which fish

might feed, in the waters of this state for the purpose of attracting fish to a

particular area in order that they may be taken, but “chumming” does not include

angling;

(8) “Commission” means the Tennessee fish and wildlife commission, and

“commissioner” means a member of the fish and wildlife commission;

(9) “Creel limit” means the maximum number of fish that may be taken, caught, killed,

or possessed, by any person for any particular period of time, as provided by rule

and regulation adopted by the commission;

(10) “Executive director” means the executive director of the wildlife resources agency;

(11) “Falconry” means hunting by means of a trained raptor;

(12) “Fish” means all species of trout, salmon, walleye, northern pike, bass, crappie,

bluegill, catfish, perch, sunfish, drum, carp, sucker, shad, minnow, and such other

species of fish that are presently found in the state or may be introduced or

transplanted into this state for consumptive or nonconsumptive use;

(13) “Fishing” means any effort made to take, kill, injure, capture, or catch any fish and

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every act of assistance in any effort;

(14) “Fur bearer” means beaver, raccoon, skunk, groundhog, coyote, gray fox, red fox,

mink, muskrat, otter, weasel, bobcat, and opossum, and all subspecies or

variations of the foregoing, and any other animals that may be declared by the

commission under regulation to be a fur bearer;

(15) “Game birds” means all species of grouse, pheasant, woodcock, wilson snipe,

crow, quail, waterfowl, gallinules, rails, mourning dove, and all species of birds

that may be introduced into this state for hunting;

(16) “Harvest tag” means the certificate that is required either by law or rule or

regulation of the commission to be secured to the carcass of wildlife as evidence

of legal taking and ownership;

(17) “Hours” means the hours of the day or night when wildlife may be taken lawfully;

(18) “Hunting” means chasing, driving, flushing, attracting, pursuing, worrying,

following after or on the trail of, searching for, trapping, shooting at, stalking, or

lying in wait for, any wildlife, whether or not such wildlife is then or subsequently

captured, killed, taken, or wounded and every act of assistance to any other

person, but “hunting” does not include stalking, attracting, searching for, or lying

in wait for, wildlife by an unarmed person solely for the purpose of watching

wildlife or taking pictures of wildlife;

(19) “Motor vehicle” means any self-propelled vehicle, and any vehicle propelled or

drawn by a self-propelled vehicle, wherever operated, but does not include any

vessel;

(20) “Nongame birds” means all species of birds not classified as game birds;

(21) “Nongame mammal” means all species of wild mammals not classified as big

game, small game, or fur bearers. Domestic dogs and cats when running at large

and apparently unclaimed and not under human control, whether licensed or

unlicensed, shall come within this subdivision (a)(21) for control and regulation by

law or commission rule or regulation not inconsistent with Tennessee Anti-Rabies

Law, complied in title 68, chapter 8, to the extent such dogs and cats are

endangering or harassing wildlife;

(22) “Nonresident” means any person who is not a resident;

(23) “Person” means an individual, association, partnership, or corporation;

(24) “Personally attended rod or line” means a rod or line that is used for fishing or

angling, and that is under the personal control of a person who is in proximity to

such rod or line;

(25) “Possession” means both actual and constructive possession, and any control of

the object or objects referred to;

(26) “Possession limit” means the maximum limit in number or amount of wildlife that

may be lawfully in the possession of any one (1) person;

(27) “Public hunting area” means a specific land or water area, or both, not intensively

managed that is established for the protection of wildlife species and public use

by both consumptive and nonconsumptive users;

(28) “Public road” means the traveled portion of, and the shoulders on each side of,

any road or highway maintained for public travel by a county, city, city and

county, the state, or the United States government, and includes all bridges,

culverts, overpasses, fills, and other structures within the limits of the right-of-way

of any such road or highway;

(29) “Raptor” means all birds found in the wild that are members of the order of

falconiformes, strigiformes, and specifically, but not by way of limitation, means

falcons, hawks, owls, and eagles, except the golden and bald eagle;

(30) “Refuge” means a specific land or water area, or both, that is established for the

protection of one (1) or more species of wildlife with no, or limited forms of,

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consumptive uses, and limited nonconsumptive use to the degree compatible

with desired wildlife protection;

(31) “Resident” means any person who resides in this state for a period of ninety (90)

consecutive days with the genuine intent of making this state that person's place

of permanent abode, and who, when absent, intends to return to this state. For

the purposes of this subdivision (a)(31), the following are deemed residents of

this state:

(A) Members of the armed services of the United States or any nation allied with

the United States, who are on active duty in this state under permanent

orders;

(B) Personnel in the diplomatic service of any nation recognized by the United

States, who are assigned to duty in this state; and

any school, college, or university in this state;

(32) “Sell” includes the offering or possessing for sale, bartering, exchanging or

trading;

(33) “Small game” means fur bearers, game birds, swamp rabbits, bullfrogs, cottontail

rabbits, fox squirrels, gray squirrels, red squirrels, and all species of small

mammals and birds that may be introduced into this state for hunting;

(34) “Snagging” means fishing, without the use of either bait or artificial lure or any

other device designed to attract fish, by snatching with hooks, gang hooks, or

similar devices;

(35) “State fishing area” means a body of water where environmental conditions are

such that relatively high fish production is possible and where fishing is the

principal public use of the water;

(36) “Transport” means to carry or convey from one place to another, and includes an

offer to transport, or receipt or possession for transportation;

(37) “Trapping” means taking, killing, and capturing wildlife by the use of any trap,

snare, deadfall, or other device commonly used to capture wildlife, and the

shooting or killing of wildlife lawfully trapped, and includes all lesser acts such as

placing, setting, or staking such traps, snares, deadfalls, and other devices,

whether or not such acts result in taking of wildlife, and every attempt to take and

every act of assistance to any other person in taking or attempting to take wildlife

with traps, snares, deadfalls, or other devices;

(38) “Waters of the state” means any waters within the territorial limits of the state of

Tennessee;

(39) “Wild bird” means all game birds, nongame birds, and raptors;

(40) “Wildlife” means wild vertebrates, mollusks, crustaceans, and fish;

(41) “Wildlife management area” means a specific land or water area, or both, that is

established for the intensive management of both habitat and wildlife species for

optimum enhancement and use by both consumptive and nonconsumptive users;

and

(42) “Zoological institution” or “zoo” means an institution operated wholly or in part by a

political subdivision of the state to display wildlife to the public. For the purposes

of 70-4-403(1), permitted permanent and temporary exhibitors are regarded as

zoos.

(b) Whenever in this title, or proclamation and rules and regulations adopted under this

title, the doing of an act between certain dates or from one date to another is allowed

or prohibited, the period of time indicated includes both dates specified. The first date

specified designates the first day of the period, and the second date designates the

last day of the period.

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the fish or wildlife with the same force and effect as it applies to the whole of any fish

or wildlife.

§ 70-1-102 Fees and penalties set by law

Fees and penalties imposed pursuant to this title shall be established exclusively by law,

and nothing in this title shall be construed as authorizing establishment of fees and

penalties by rule or regulation.

§ 70-1-103 Wildlife Resources -- assaulting or interfering with agency employee;

penalty

(a) It is unlawful to assault, resist, oppose, impede, intimidate, or interfere with any

employee of the wildlife resources agency while the employee is engaged in the lawful

performance of the employee's official duties.

(b) Any person violating the provisions of this section commits a Class A misdemeanor.

§ 70-1-104 Wildlife Resources -- accessory to violation of wildlife laws and

regulations punishable as principal

Whoever aids, abets, counsels, commands, induces, or procures the commission of a

violation of this title or title 69, chapter 9, and proclamations and rules and regulations

promulgated by the wildlife resources commission, is punishable as a principal.

§ 70-1-105 Wildlife Resources -- Notification of potential water quality violation

regarding agricultural property.

If the agency receives a complaint or otherwise becomes aware of a potential water

quality violation regarding property used in agriculture, as defined by §1-3-105, the

agency must notify both the department of environment and conservation and the

department of agriculture, as soon as practicable, pursuant to § 69-3-115(d).

§ 70-1-201 Fish and Wildlife Commission – creation; appointment of members;

terms

(a) An independent and separate administrative board of conservation for game, fish and

wildlife of the state is created, to be known and referred to as the Tennessee fish and

wildlife commission, hereinafter referred to as the “fish and wildlife commission” or the

“commission”, to consist of thirteen (13) citizens of this state, which citizens shall be

well informed on the subject of the conservation of game animals, birds and fish in this

state. Nine (9) of these citizens shall be appointed by the governor, two (2) shall be

appointed by the speaker of the senate, and two (2) shall be appointed by the speaker

of the house of representatives, each to be appointed within the period provided in this

section. In making appointments to the fish and wildlife commission, the governor and

the speakers shall strive to ensure that at least one (1) person serving on the

commission is sixty (60) years of age or older, at least one (1) person serving on the

commission is a member of a racial minority, and at least two (2) persons serving on

the commission are female.

(b)

(1) Except as otherwise provided in this subsection (b), each member shall be

confirmed by the conservation and environment committee of the house of

representatives and the senate energy and environment committee and by joint

resolution of the general assembly prior to beginning a term of office.

(2) If the general assembly is not in session at the time a member is appointed to fill a

vacancy resulting from the expiration of a term, the member of the commission

whose term has expired shall serve until a new appointee is confirmed as provided

in subdivision (b)(1).

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(3) If the general assembly is not in session at the time a member is appointed to fill a

vacancy not resulting from the expiration of a term, the new appointee shall serve

for the term appointed unless such appointment is not confirmed within sixty (60)

calendar days after the general assembly next convenes in regular session

following such appointment.

(4) If the general assembly is not in session when initial appointments are made, all

initial appointments shall serve the terms prescribed pursuant to subdivision (c)(1),

unless such appointments are not confirmed within sixty (60) calendar days after

the general assembly next convenes in regular session following such

appointments.

(c)

(1) The entire membership of the wildlife resources commission shall be vacated and

shall be replaced by new appointments made to the fish and wildlife commission

pursuant to this subsection (c). In order to stagger the terms of the newly appointed

commission members, initial appointments shall be made as follows

(A) Three (3) of the governor's initial appointments, one (1) from each grand

division of the state as provided in § 70-1-204(a), and one (1) initial

appointment by each speaker shall be made for a term of two (2) years and

eight (8) months;

(B) Three (3) of the governor's initial appointments, one (1) from each grand

division of the state as provided in § 70-1-204(a), and one (1) initial

appointment by each speaker shall be made for a term of four (4) years and

eight (8) months; and

division of the state as provided in § 70-1-204(a), shall be made for a term of six

(6) years and eight months.

(2) For purpose of calculating terms, the initial term of office of each commission

member shall begin on July 1, 2012

(3) At the conclusion of the initial terms, each regular term of a commission member

appointed by a speaker shall be four (4) years and each regular term of a

commission member appointed by the governor shall be six (6) years. For purpose

of calculating regular terms, each term shall begin on March 1 and shall expire on

the last day of February.

(4) No commission member shall serve consecutive terms. For the purposes of this

subdivision (c)(4), a commission member shall be considered as having served a

term if such member has served more than two (2) years of an initial term, regular

term or unexpired term on the fish and wildlife commission

(5) A vacancy on the commission shall be filled by the appointing authority making the

original appointment for the remainder of any unexpired term or, if a term has

expired, for a regular term.

§ 70-1-206 Fish and Wildlife Commission – duties and functions

(a) The fish and wildlife commission is directed and authorized to perform the following

duties and functions:

(1) Appoint and dismiss the executive director;

(2) Approve the budget pursuant to § 70-1-306;

(3) Promulgate necessary rules, regulations, and proclamations as required under

this title and title 69, chapter 9. The commission is also authorized to promulgate

rules and regulations to permit a licensed trapper to release small game animals

in counties contiguous to the counties where the animals were trapped;

(4) Establish objectives within the state policy that will enable the wildlife resources

agency to develop, manage and maintain sound programs of hunting, fishing,

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trapping and other wildlife related outdoor recreational activities;

(5) Establish the salary of the executive director of the wildlife resources agency;

(6) Promulgate rules and regulations for the administration of the Reelfoot Lake

natural area, as provided in title 11, chapter 14, part 1; and

(7) Promulgate rules and regulations to adjust fees for licenses and permits in this

title and to establish new hunting, fishing and trapping licenses and permits as

deemed appropriate along with necessary fees. Adjusting or establishing fees

shall be in such amounts as may be necessary to administer the wildlife laws;

provided, that the percentage increase in total revenue from a license package

containing one (1) or more licenses or permits, or both, shall not exceed the

percent of increase in the average consumer price index, all items-city average,

as published by the United States department of labor, bureau of labor statistics,

on the first day of March 1990, or, in the case of any permit, license or

permit/license package fee adjustment after the initial adjustment under this

subdivision (a)(7), the difference in the average consumer price index, all items-

city average between the dates of one (1) adjustment and any subsequent

adjustment; provided further, however, that individual fee adjustment amounts

may be rounded up to the next dollar amount. All such fees, and any adjustments

to the fees, shall be deposited in the wildlife resources fund and shall be

expended solely for the administration and operation of the agency's programs

and responsibilities authorized pursuant to this chapter. Further, the commission

shall report actions taken on permits, licenses, and fees to be assessed following

the promulgation of the proposed rules and regulations to the senate energy and

environment committee and to the conservation and environment committee of

the house of representatives.

(b) The fish and wildlife commission shall become knowledgeable in and familiar with

the special needs of handicapped and disabled veterans.

§ 70-1-301 Wildlife Resources Agency – creation; statement of policy

(a) There is hereby created a wildlife resources agency, which shall have full and

exclusive jurisdiction of the duties and functions relating to wildlife formerly held by the

game and fish commission or of any other law relating to the management, protection,

propagation, and conservation of wildlife, including hunting and fishing, except those

powers and duties conferred upon the wildlife resources commission as provided in §

70-1-206.

(b) It is the policy of the state that the agency shall be nonpartisan and shall place first

and foremost the welfare of the wildlife and its environment in the agency's planning

and decisions, and to encourage, by every appropriate means, the full development of

the state's natural resources to the benefit of all of the citizens of Tennessee,

including, but not limited to, the creation of a comprehensive long-range management

plan to integrate the wildlife resource agency's efforts and to implement and

encourage full utilization of Tennessee's wildlife resources consistent with realistic

conservation principles.

§ 70-1-302 Wildlife Resources Agency – duties and functions; agency

advertising

(a) The wildlife resources agency is directed and authorized to perform the following

duties and functions:

(1) Make such expenditures from funds in the wildlife resources fund and the boating

safety fund as it deems advisable subject to titles 9 and 12, and 70-1-306(c)-(h);

(2) Protect, propagate, increase, preserve and conserve the wildlife of this state, and

enforce by proper action and proceedings, the existing laws of this state relating to

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wildlife;

(3) Acquire by purchase, condemnation, lease, agreement, gift or devise, lands or

waters suitable for the following purposes and develop, operate and maintain them

for these purposes, subject to 70-1-306(c)-(h):

(A) Fish hatcheries and nursery ponds;

(B) Lands or waters suitable for game, birds, fish, or fur-bearing animal restoration,

propagation, protection, management, or for access to such lands or waters;

hunt, trap or fish in accordance with law or the regulations of the agency; and

(D) The protection, preservation, and enhancement of Reelfoot Lake and the lands

surrounding it;

(4) Extend and consolidate by exchange lands or waters suitable for the purposes set

out in subdivisions (a)(3)(A)-(D);

(5) Capture, propagate, transport, buy, sell, or exchange any species of game, bird,

fish, fur-bearing animal or other wildlife needed for propagation, enforcement or

stocking purposes, or to exercise control measures of undesirable species;

(6) Enter into cooperative arrangements with farmers and other landowners or lessees

for the utilization of lands under their ownership or control for the purpose of

protecting, propagating, conserving, restoring, taking or capturing of the wildlife of

the state, under such rules and regulations as the agency may prescribe; and

(7) Enter into cooperative agreements with educational institutions and state, federal,

and other agencies to promote wildlife management and conservation.

(b) The agency may enter into cooperative agreements with the United States Tennessee

Valley authority, United States fish and wildlife service, national park service, United

States forest service, or with any other federal agency, or with any state for the

purpose of regulating fishing, hunting, or trapping in the area under jurisdiction of the

federal agencies or the state or in interstate waters, as the case may be. Such

regulations shall become effective as soon as they shall have been accepted by all

parties to the agreement and as soon as thirty (30) days shall have elapsed from the

first publication of such regulations. Agreements involving reciprocal actions relative to

wildlife violations shall become effective thirty (30) days after publication in the same

manner as is required for proclamations.

taken under commercial fishing license and all mussels taken under commercial

musseling license for any water or waters designated by it, such reports to be on forms

provided by the executive director. This shall apply to license holders, wholesalers and

others as required.

(d) The wildlife resources agency shall administer the Reelfoot Lake natural area, as

provided in title 11, chapter 14, part 1.

(e) In order to further the public interest in the protection and preservation of wildlife and

its habitat, the wildlife resources agency is authorized to participate in the federal

wetlands mitigation banking program. Participation includes, but is not limited to,

entering into agreements for agency or private development, construction and

operation on lands that are affected by the program and that are owned, leased, or

controlled in some manner through cooperative arrangement agreement or otherwise

by the agency.

(f) The agency may sell advertising in any magazine or other publication of the agency,

under terms and conditions to be set by the agency. The revenue generated from such

advertising shall be deposited exclusively in the wildlife resources fund provided in 70-

1-401. Any person or entity purchasing such advertising shall include an appropriate

disclaimer, as determined by and subject to approval of the agency, to ensure that the

appearance of such advertising in an agency publication does not constitute, directly

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or indirectly, any endorsement by the agency of any products, services, companies,

organizations, or other matters referenced in the advertising.

(g) The agency may sell the right to include advertising in mailings sent by the agency,

including, but not limited to, licenses, under terms and conditions set by the agency;

provided, that any advertisers must comply with the disclaimer requirements of

subsection (f). The revenue generated from such advertising shall be deposited

exclusively in the wildlife resources fund provided in 70-1-401.

(h)

(1) The agency is authorized to enter into agreements with landowners or persons who

control hunting access to lands to establish deer management assistance plans.

The purpose of a plan is to permit a landowner, adjoining landowners, or persons

who control hunting access on contiguous lands to achieve deer management

goals on the contiguous land through management for the specific needs of deer

that may at any point in time cross over the land. Harvests under a particular deer

management plan may exceed the normal season harvest in accordance with the

plan.

(2) General guidelines for implementation of a deer management assistance program

shall be developed by rule and regulation. In order to qualify under the program,

the total combined contiguous acreage must meet or exceed one thousand

(1,000) acres. Further, a deer management assistance permit must be purchased.

Permit fees shall be established by rule and regulation. It is the intent in creating

this program that it shall be revenue neutral to the agency and the state.

(i) The agency is authorized to enter into agreements with the United States coast guard

to enforce federal regulations in connection with homeland security related activities

on Tennessee waters; however, all enforcement activities are subject to prior approval

by the Tennessee office of homeland security.

(j) The agency may enter into cooperative agreements with the United States Tennessee

Valley authority, United States fish and wildlife service, national park service, United

States forest service, or with any other federal agency, or with any public or private

landowners in this state for the purpose of creating partnerships for the purpose of

planting cover and food plots along utility easements for the benefit of indigenous

wildlife.

(k)

(1) The wildlife resources agency is authorized to enter into partnership agreements

with nonprofit organizations for the purpose of promoting and supporting the goals

and objectives of the agency including, but not limited to, marketing opportunities.

(2) This subsection (k) shall not be interpreted to abridge any powers or duties

delegated to the agency in this part.

(3) The nonprofit partners shall have their boards of directors elected by a process

approved by the governor or the governor's designee.

(4) The nonprofit partners shall be properly incorporated under the laws of this state,

and approved by the internal revenue service as organizations that are exempt

from federal income tax under 501(a) of the Internal Revenue Code (26 U.S.C.

501(a)), by virtue of being organizations described in 501(c)(3) of the Internal

Revenue Code (26 U.S.C 501(c)(3)).

(5) Costs to underwrite the nonprofit partners' activities related to marketing

opportunities shall be borne from revenues of the nonprofit partners and no state

employee shall benefit from such proceeds. All proceeds in excess of the cost of

operation shall be deposited exclusively into the wildlife resources fund as

established in 70-1-401 and shall not revert to the general fund.

(6) The nonprofit partners shall annually submit to the governor, the speakers of the

senate and the house of representatives, and the chair of the Tennessee fish and

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wildlife commission, within ninety (90) days after the end of their fiscal year, a

complete and detailed report setting forth their operation and accomplishments.

(7) The annual reports and all books of accounts and financial records of all funds

received by grant, contract or otherwise from state, local or federal sources shall be

subject to audit annually by the comptroller of the treasury. With prior approval of

the comptroller of the treasury, the audit may be performed by a licensed

independent public accountant selected by the nonprofit partner. If an independent

public accountant is employed, the audit contract between the nonprofit partner

and the independent accountant shall be on contract forms prescribed by the

comptroller of the treasury. The cost of any audit shall be paid by the nonprofit

partner. The comptroller of the treasury shall ensure that audits are prepared in

accordance with generally accepted governmental auditing standards and

determine if the audits meet minimum audit standards prescribed by the

comptroller of the treasury. No audit may be accepted as meeting the requirements

of this section until approved by the comptroller of the treasury.

(8) All full board meetings of a nonprofit organization concerning activities authorized

by 70-1-207 or pursuant to subsection (f) shall be open to the public, except for

executive sessions that include, but are not limited to, any of the following matters:

litigation; audits or investigations; human resource issues; gift acceptance

deliberations; board training; governance; donor strategy sessions; and security

measures.

(9) All expenditures of a nonprofit organization relating to activities authorized by 70-1-

207 or pursuant to subsection (f) shall be open for public inspection upon specific

request to the nonprofit organization.

§ 70-1-310 Submission of fine in lieu of court appearance -- Arrest or judgment of

forfeiture possible

(a) Whenever a person is issued a citation pursuant to § 40-7-118 for a misdemeanor

violation of any provision of this title, title 69, chapter 9, or for any offense for which an

arrest is authorized pursuant to this title, prior to the time set for the person to appear

in court to answer the charge, the person cited may, in lieu of appearance in court,

submit the fine and costs to the clerk of the court. The submission to fine must be with

the approval of the court that has jurisdiction of such offense within the county in which

the offense charged is alleged to have been committed. The submission to fine shall

not otherwise be exclusive of any other method or procedure prescribed by law for

disposition of a citation.

(b) If the person cited has not paid the citation upon submission to fine as provided in

subsection (a) and the person cited fails to appear in court at the time specified, or

such later date as may be fixed by the court, the court may issue a warrant for such

person's arrest or may declare a judgment of forfeiture of the offense charged. The

judgment of forfeiture shall in no case be more than the total amount of fine and costs

prescribed by law for the offense and may be collected in the manner provided in § 40-

24-105.

provision of this title, title 69, chapter 9, or any offense for which an arrest is authorized

pursuant to this title, which is punishable by a fine of more than fifty dollars ($50.00) or

by imprisonment for more than thirty (30) days. This section shall not supersede § 40-

7-118, nor shall they require the use of a citation in lieu of continued custody of an

arrested person in any of the circumstances specified in § 40-7-118(d).

§ 70-1-311 Qualifications for position of wildlife officer

For purposes of qualifying for the position of wildlife officer with the wildlife resources

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agency, at least ten (10) years of full-time work experience in wildlife or fisheries

management, wildlife biology, or other related work experience in this state or another

state may be credited as equivalent to a bachelor's degree from an accredited college or

university in wildlife or fisheries management, wildlife biology, or other related

acceptable field. This section shall apply to any person who submitted an application for

the position of wildlife officer prior to, or on or after, May 20, 2016.

§ 70-1-401 Wildlife resources fund established

(a) All moneys sent to the state treasury in payment of licenses, advertising, contraband,

fines, penalties, and forfeitures arising from the wildlife resources laws of this state

shall be set aside. This fund shall constitute a fund known as the "wildlife resources

fund" for:

(1) The payment of the wildlife resources agency's necessary and incidental expenses;

(2) The payment of the salaries and traveling expenses of the director, office

assistants, and other persons appointed or employed by the director;

(3) The purchase of lands suitable for wildlife resources farms, reservations, wildlife

management areas, fishing areas, access areas, fish hatcheries or rearing ponds;

(4) The construction of suitable buildings, ponds, and propagation pens, and the

purchase and propagation of wildlife, and other essentials necessary to restock the

state or maintain wildlife resources farms, reservations, fisheries and hatcheries;

(5) The promotion, advancement and efficient management of wildlife, including

educational activities to that end; and

(6) Any purpose of or in consequence of this title not otherwise provided for.

(b) No part of the funds realized from the sale of licenses, advertising, from contrabands,

fines, penalties, forfeitures, or from any privilege taxes levied under the provisions of

this title shall be used for any other purposes than those set out in subsection (a), nor

shall any part of the wildlife resources fund be diverted to the general fund or any other

public fund. Likewise, interest accruing on investments and deposits of the wildlife

resources fund shall be returned to the fund and remain a part of it, and under no

circumstances shall such interest be diverted to any other public fund.

§ 70-1-501 Wildlife management endowment fund established

The general assembly recognizes and reaffirms the importance to the citizens of

Tennessee of management, protection, propagation, and conservation of wildlife,

including the importance of protecting and preserving for future generations the heritage

of hunting and fishing in the state. Further, the general assembly recognizes the

importance of providing the opportunity for citizens to invest in the future of its wildlife

resources. Therefore, in order to aid in future funding for the wildlife resources agency to

continue establishing and carrying out fish and wildlife programs and to assure

protection and preservation for future generations of the heritage of hunting and fishing

in the state, there is hereby created a fund known as the "wildlife management

endowment fund."

§ 70-2-101 Wildlife Resources – taking wildlife without license; migratory

waterfowl stamps; licenses nontransferable; revocation or suspension; penalties.

(a) It is unlawful for any person in this state to hunt, chase, trap, kill or take any form of

wildlife in the open season, unless the person so hunting, chasing, trapping, killing or

taking, or attempting to take, such wild animals, wild birds, wild fowl, or fish at the time

possesses the requisite license prescribed by this chapter, such license, of proper

color and design, to be on the person of the licensee while hunting, chasing, trapping

or fishing.

(b) A valid federal migratory waterfowl stamp must be possessed while hunting migratory

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waterfowl by any person over sixteen (16) years of age, which stamp shall be

cancelled in ink by the signature of the hunting licensee.

transferred to any other person, firm or corporation.

(d)

(1)

(A) Upon conviction for any offense against this title, any rule or regulation

promulgated pursuant to this title, or any proclamation of the fish and wildlife

commission, the court may revoke the license or suspend any or all of the

fishing, hunting, or trapping privileges of the person so convicted, or both

revoke the license and revoke any or all of the fishing, hunting or trapping

privileges of the person so convicted.

(B) Any license so revoked shall be surrendered to the court and transmitted to the

arresting officer, to be made a part of the prosecution record.

(2) Any person whose license has been revoked or whose privileges have been

suspended, or both, may be prohibited from fishing, hunting and trapping for a

period of time of not less than one (1) year to be fixed by the court.

(e) Any violation of this section is a Class C misdemeanor and punishable by a fine of not

less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00). Any person

who violates the revocation order of the court may be fined not less than twenty-five

dollars ($25.00) and may be confined in the county jail or workhouse not less than ten

(10) days nor more than eleven (11) months and twenty-nine (29) days, it being

mandatory upon the court to impose the prison sentence, and the minimum time may

not be subject to suspension.

§ 70-2-102 Wildlife Resources – licensing requirement; penalty

(a) Every person shall, before hunting, fishing, or trapping, as the case may be, in this

state, possess a license in accordance with the schedules in this title, except as

otherwise provided in this chapter.

(b) A violation of this section is a Class C misdemeanor.

§ 70-2-103 Exception to licensing requirement; military personnel on furlough

(a) Any member of the armed forces or services while on furlough or other temporary

military leave of absence has the right to hunt and fish in this state during the

appropriate seasons for hunting and fishing as fixed by law, without the necessity of

procuring a license.

(b) In order for any person to hunt and fish without the required license, the person shall

have in that person's possession at all times a copy of that person's furlough papers or

other military orders showing that such person is officially on leave of absence from

the military service. Such military papers or orders are subject to examination and

inspection by duly constituted officers of the wildlife resources agency at all times.

§ 70-2-104 Wildlife Resources – persons entitled to reduced license without fee

or at reduced fee – Designation of assistant penalty for false information;

imposition of fee

(a) The wildlife resources director and the director's agents, through the county clerks or

other legally designated license sales agents, have the power to issue a:

(1) Sport fishing license without the payment of a license fee to those residents of

Tennessee who are certified to be blind, having a visual acuity, with maximum

correction, not exceeding 20/200 in the better eye or having a visual acuity

exceeding 20/200 but accompanied by a limitation in the field of vision such that

the widest diameter of the visual field subtends an angle no greater than twenty

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degrees (20°). The director shall accept as evidence, for the purposes of this title, a

certificate from the department of human services or from a physician licensed to

practice medicine in this state and who is actively engaged in the treatment of

diseases of the human eye, or a licensed, registered optometrist, certifying that

such person meets the requirements of this section with reference to the degree of

blindness as defined in this subdivision (a)(1);

(2) Sport fishing and hunting license without the payment of a fee to residents of

Tennessee who by reason of service in any war are thirty percent (30%) or more

disabled. The director shall accept as evidence of service-connected disability for

the purposes of this section a certification from the veterans' administration;

(3)

(A) Hunting license to persons with intellectual disabilities who reside in this state

and who are over ten (10) years of age. The director shall accept as evidence

for the purposes of this subdivision (a)(3) a certificate from a physician licensed

to practice medicine in this state certifying that the applicant meets the

requirements of this section with reference to such disability. The person must

be accompanied by an adult at least twenty-five (25) years of age or older, who

is hunter-education-certified and licensed to hunt. The person shall be required

to complete the hunter education course as provided in § 70-2-108 in the

presence of a licensed adult, but shall not be required to attain a particular

score on the course examination or take the course more than once;

(B) As used in this subdivision (a)(3), unless the context otherwise requires:

(i) “Accompanied” means the licensed adult shall supervise no more than one

(1) person with intellectual disabilities at any one (1) time and shall be able

to take immediate control of the hunting device;

(ii) “Persons with intellectual disabilities” means persons who possess an

intellectual disability, as defined by § 33-1-101;

Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to

effectuate the purposes of subdivision (a)(3)(A), including, but not limited to,

rules and regulations to specifically denote on the license that the person

issued the license is a person with intellectual disabilities, and to create a one-

time-only fee in an amount sufficient to cover the costs of implementing

subdivision (a)(3)(A); and

(4)

(A) Permanent sport combination hunting and fishing license upon payment of a

one-time ten-dollar ($10.00) fee to those residents of Tennessee who are

permanently restricted to wheelchairs. The director shall accept as evidence for

the purposes of this section a certificate from a physician licensed to practice

medicine in this state certifying that the applicant meets the requirements of this

section with reference to permanent restriction to a wheelchair; or

(B) Permanent sport combination hunting and fishing license upon payment of a

one-time ten-dollar ($10.00) fee to those residents of Tennessee who are one

hundred percent (100%) permanently and totally service connected disabled

veterans who apply for such discounts and exemptions prior to or after May 24,

2000. The agency shall accept as evidence of service-connected disability for

the purposes of this subdivision (a)(4)(B) a certification from the veterans'

administration.

(b)

(1) The fish and wildlife commission shall by proclamation designate one (1) week of

each year when any person who receives social security benefits due to intellectual

disability may engage in all forms of sport fishing, and all sport fishing license

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requirements shall be suspended during such week for such persons. The agency

may accept as evidence for purposes of this section a certificate from the social

security administration or any other evidence acceptable to the executive director.

(2) A resident of Tennessee who receives social security benefits due to intellectual

disability is entitled to the privilege of sport fishing upon presentation of evidence of

such disability satisfactory to the agency. Such resident shall be issued a

permanent license for sport fishing.

disability, permanent restriction to a wheelchair, address, residence or nonresidence

by any applicant for any license provided for in this chapter, or altering any license or

permit or any application for any license or permit, is a Class C misdemeanor.

(d)

(1) The license fee discounts and exemptions provided in subsections (a) and (b) shall

apply to qualified residents of Tennessee who apply for such discounts or

exemptions prior to May 24, 2000.

(2) For qualified residents of Tennessee who have not applied for such discounts or

exemptions prior to May 24, 2000, there shall be imposed a one-time ten-dollar

($10.00) fee for such license; provided, that such fee shall not apply to the

exemption granted in subdivision (b)(1).

(3) Any qualified resident of Tennessee who has applied for such discount or

exemption prior to May 24, 2000, may nevertheless make a voluntary payment of

the one-time ten-dollar ($10.00) fee and upon making such payment shall be

issued a license in accordance with this section.

(e)

(1) This subsection (e) shall be known and may be cited as the “Hunter Wright Hunting

and Fishing Act.”

(2) Notwithstanding this section to the contrary, the wildlife resources director and the

director's agents, through the county clerks or other legally designated license

sales agents, have the power to issue an annual sport combination hunting and

fishing license upon payment of a five-dollar fee to residents who are under

eighteen (18) years of age and who are disabled.

(3) As used in this subsection (e), “disabled” means the inability to engage in any

substantial gainful activity by reason of any medically determinable physical or

mental impairment that is certified by a licensed physician. This means that the

condition must be both totally and permanently disabling. The director shall accept

as evidence for the purposes of this subsection (e) a certificate from a physician

licensed to practice medicine in this state certifying that the applicant meets the

requirements of this subsection (e) with reference to being disabled.

(4) The commission shall promulgate rules and regulations in accordance with the

Uniform Administrative Procedures Act, to specifically denote on the license that

the person is disabled.

(f)

(1)

(A) The agency shall be reimbursed for lost revenue resulting from the issuance of

free or partially discounted combination hunting and fishing licenses created by

statute on or after January 1, 2017, in an amount equal to the discounts

received.

(B) Subdivision (f)(1)(A) shall also apply to lost revenue resulting from exemptions

to licensure requirements created by statute on or after January 1, 2017, in an

amount equal to the amount of lost revenue from such exemptions.

(2)

(A) The agency shall maintain an accounting of lost revenue, as described in

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subdivision (f)(1), and shall submit the accounting to the department of finance

and administration for the payment of moneys in an amount equal to such lost

revenue out of the general fund on or before June 30 of each fiscal year.

(B) Within thirty (30) days of the receipt of the accounting from the agency, the

department of finance and administration must pay the actual amount of lost

revenue for the fiscal year into the wildlife resources fund established in § 70-1-

401.

records relating to the accounting shall be subject to audit by the comptroller of

the treasury.

(3) Any reimbursement to the agency for lost revenue pursuant to subdivision (f)(1)(A)

shall be made from the general fund, subject to an appropriation by the general

assembly in the annual general appropriations act.

(g) A person may assist a resident of this state who obtains a license under subdivision

(a)(1), (a)(2), (a)(4), or (b)(2), or subsection (e), or who is exempt from licensure under

subdivision (b)(1), without the necessity of procuring a license, if:

(1) The person who qualifies for a license under subdivision (a)(1), (a)(2), (a)(4), or

(b)(2), or subsection (e), or who is exempt from licensure under subdivision (b)(1),

completes and retains a form that designates one (1) person as an assistant and

identifies the assistant by driver license number or by some other unique identifying

number that appears on a form of identification issued to the assistant by a

governmental entity. A person may only designate one (1) person as an assistant

for hunting or fishing purposes each calendar year, except in the case of the death

of the designated assistant. The agency shall develop a form that may be used to

satisfy the requirements of this subdivision (g)(1), and make the form available to

the public on the agency's website;

(2) The person providing assistance is not hunting or fishing on the person's own

behalf. No extra bag limit or creel limit is permitted for an assistant who is not

licensed to hunt or fish in this state, as applicable; and

(3) The assistant does not possess:

(A) A fishing pole, unless the assistant has a valid license to fish in this state;

(B) A firearm, unless the assistant has a valid license to hunt in this state, a

concealed handgun carry permit, or an enhanced handgun carry permit; or

proclamation to be used for the taking of game, unless the assistant has a valid

license to hunt in this state.

§ 70-2-108 Wildlife Resources - hunter education course

(a)

(1) Every person born on or after January 1, 1969, before hunting, shall possess, in

addition to all other licenses and permits required, proof of satisfactory completion

of an agency approved hunter education course, except this provision shall not

apply to persons under ten (10) years of age accompanied by an adult at least

twenty-one (21) years of age.

(2)

(A) The commission is authorized to promulgate rules to create a permit for a fee

exempting persons from the hunter education requirements of this section for a

twelve-month period, as long as the person possesses all other licenses and

permits required, and, if ten (10) years of age or older, the person must be

accompanied by a licensed adult at least twenty-one (21) years of age or older,

who is hunter-education-certified or otherwise exempt by law.

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(B) Effective July 1, 2015, a person who meets the requirements of subdivision

(2)(A) may purchase the permit annually for up to three (3) consecutive years.

(b) For the purpose of this section, "accompanied" is defined as being able to take

immediate control of the hunting device.

2-204.

(d) As punishment, any person violating the provisions of this section shall have all

hunting privileges suspended and the person's license shall be taken by the arresting

officer. Submission of proof of satisfactory completion of an agency approved hunter

education course shall entitle a person to the return of that person's license and the

restoration of hunting privileges.

§ 70-2-201 Resident license fees and requirements

(a) [Deleted by 2021 amendment.]

(b) [Deleted by 2021 amendment.]

(c)

(1) Residents of Tennessee who are sixty-five (65) years of age or older prior to March

1, 1991, are entitled to the privileges of sport fishing, hunting and trapping without

possessing any license.

(2) [Deleted by 2021 amendment.]

(d) Any resident of Tennessee between thirteen (13) and fifteen (15) years of age,

inclusive, may purchase the junior hunting, fishing and trapping license. Such license

shall entitle the individual to the privileges of sport fishing, trapping and hunting without

the requirement of possessing any other license or supplemental license as provided

in subsection (a). Any resident under thirteen (13) years of age shall be exempt from

the licensing requirements of subsection (a). Residents between thirteen (13) and

fifteen (15) years of age, inclusive, are entitled to fish without a license during one (1)

week of the year, commencing with free sport fishing day as proclaimed by the fish

and wildlife commission.

(e) A sportsman license is valid for hunting, trapping and sport fishing without the

necessity of any supplemental license. Additionally, a holder of a valid sportsman

license is not required to possess the following agency permits: agency lake permits;

Tellico-Citico trout permits; Lake Graham annual permits; small game permits;

combination waterfowl and small game permits; nonquota big game, including

Cherokee, permits; Reelfoot preservation permits; and premiere tourist resort city trout

fishing permits. The holder may also participate in all quota hunt drawings without

payment of the drawing fee, and if drawn, will be issued a quota hunt permit at no

charge. Furthermore, for as long as Tennessee Wildlife is published, the executive

director shall have the discretion to provide a subscription to a sportsman license

holder at no cost.

(f) A combination hunting and fishing license is valid for the taking of all species of game

and fish; provided, that those persons sixteen (16) years of age and over desiring to

hunt big game, waterfowl, or to take trout, must, in addition to the appropriate hunting

or fishing licenses, or both, possess the appropriate supplemental license as provided

in subsection (a).

(g)

(1) There is hereby created a lifetime sportsman license, which shall entitle a resident

of Tennessee, as defined in subdivision (g)(2), to the same privileges and benefits

as provided to an annual sportsman license holder. A lifetime sportsman license

remains valid throughout the life of the license holder even though the person may

become a nonresident.

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(2) In order to qualify for a lifetime sportsman license, a person must have been a

resident of the state for twelve (12) consecutive months immediately preceding

purchase of the license. A child under the age of one (1) year qualifies, no matter

where the child is born, if one (1) or more of the child's parents or the child's legally

designated guardian has been a resident of the state for twelve (12) consecutive

months immediately preceding purchase of the license.

(3)

(A) [Deleted by 2021 amendment.]

(B) The fees are automatically adjusted to reflect the same percentage increase as

the annual sportsman license. No fees may be decreased as part of the

automatic adjustment.

(h)

(1) There is created a lifetime sportsman license for adopted children who reside in

this state, which entitles such child's legally designated guardian to apply for the

license on the child's behalf within thirty-six (36) months immediately following the

date of the child's adoption. The child must be under thirteen (13) years of age on

the date of application for the license and upon receipt of the license is entitled to

the same privileges and benefits as provided to an annual sportsman license

holder. A lifetime sportsman license for adopted children remains valid throughout

the life of the license holder even if the person becomes a nonresident. The child is

to be issued the lifetime sportsman license upon payment of the fee created under

subdivision (h)(2) and presentation of proof of age and residency, satisfactory to

the agency. This subsection (h) does not prevent issuance of a lifetime sportsman

license to an adopted child who meets the qualifications in subsection (g).

(2) The commission shall promulgate rules in accordance with the Uniform

Administrative Procedures Act, compiled in title 4, chapter 5, to create a one-time-

only fee to cover the costs of implementing subdivision (h)(1).

§ 70-2-204 Hunting and fishing on farmland — License exemption to owners,

tenants, and specified spouses and relatives — Proof of compliance.

(a)

(1)

(A) The owners and tenants of farmlands, and their spouses and children, have the

right to engage in the sport of hunting and fishing, subject to all laws or

regulations concerning wildlife, upon such lands and waters on the land of

which they or their spouses or parents are the bona fide owners or tenants, with

the permission of the landowner, during the season when it is lawful to do so,

without procuring a hunting and sport fishing license.

(B) The grandchildren and great-grandchildren under sixteen (16) years of age of

the owners of farmlands have the right to engage in the sport of hunting and

fishing, subject to all laws or regulations concerning wildlife, upon such lands

and waters on the land of which their grandparent or great-grandparent or

grandparents or great-grandparents are the bona fide owners, with the

permission of the landowner, during the season when it is lawful to do so,

without procuring a hunting and sport fishing license.

engage in the sport of hunting and fishing, subject to all laws or regulations

concerning wildlife, upon such lands and waters on the land of which their

mother-in-law or father-in-law is the bona fide owner, with the permission of the

landowner, during the season when it is lawful to do so, without procuring a

hunting and sport fishing license.

(D) Tenants and their spouses and their dependent children must be bona fide

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residents of this state and must actually reside on the land.

(E) Owners and their spouses, children, spouses of children, qualified

grandchildren, and qualified great-grandchildren must be bona fide residents of

this state.

(F) Land may qualify as farmland only if it is owned by no more than one (1)

individual or a family; provided, that, if land is owned jointly or in common by

persons who are first cousins related by blood, then such cousins and their

children may hunt small game and fish on such land under this subsection (a)

(2) “Family” means any combination of kinship within the third degree, including any

spouse who has an interest in the property.

(3) “Tenant” means an individual who receives compensation, such as free rent or

money, for acting either in the place of or at the direction of the landowner in

tending to the requirements needed to care for the farmland. The primary purpose

of the tenancy shall be agricultural in nature.

(b) Each person claiming a license exemption under subsection (a) shall provide

identification and shall submit a signed statement attesting to the exempt status

described in the statement and a description of the land and the name of the land

owner when requested by an officer of the wildlife agency or upon presenting any

game to a check station. Such statement shall contain information sufficient to

demonstrate that such person has complied with the requirements of subsection (a).

The commission shall prepare a preprinted form for the submission of such statements

for convenience of use. Submission of false information in a signed statement is a

Class C misdemeanor.

§ 70-2-205 Commercial fishing and musseling

(a) Any person, firm or corporation, before engaging in the business of a commercial

fisher or commercial musseler, as defined under subsection (b), shall have in

possession the requisite license prescribed in this section.

(b)

(1) A “commercial fisher” is any person who takes or who aids and assists another

person in taking fish or other aquatic life from any of the waters, lakes, streams or

ponds of this state for pay, or for the purpose of sale, barter or exchange. Any

person fishing with commercial fishing gear shall be deemed to be a commercial

fisher within the meaning of this subdivision (b)(1). All persons using fishing tackle

or fishing gear other than that permitted to be used by a person having or holding a

sport fishing license is likewise deemed and considered a commercial fisher within

the meaning of this subdivision (b)(1).

(2) A “commercial musseler” is any person who takes mussels from any of the waters

of this state for pay, or for the purpose of sale, barter or exchange.

(3) “Person” includes the plural as well as the singular, as the case demands, and

includes individuals, partnerships, associations or corporations.

RESIDENT NONRESIDENT

(1) To take fish only $125.00 $500.00

(2) To take mussels only $125.00 $750.00

(d) A commercial helper's license may be issued without limit as to numbers to any

commercial fisher upon paying for each license the appropriate fee required for a

commercial fisher. A “commercial helper” is any person who assists a commercial

fisher in handling fishing gear, operation of motors or any other act of assistance to the

commercial fisher while in the vessel with the commercial fisher. Each commercial

fisher must have in personal possession a commercial helper's license for each helper

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on board the vessel at any time.

(e)

(1) Any violation of this section is a Class A misdemeanor punishable by a fine of not

less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000), and if

on second offense, and in the discretion of the court, the deprivation or prohibition

of the offender from obtaining a license for a period of six (6) months. Any

nonresident convicted of violation of this section shall be prohibited from engaging

in commercial fishing or mussel taking in Tennessee for a period of five (5) years

from the date of conviction, in addition to any other penalties prescribed by law.

(2) In addition to the fines prescribed in this subsection (e), any person found guilty of

engaging in business as defined in subsection (b) without the necessary licenses

shall be sentenced to thirty (30) days in the county jail or workhouse, which

sentence may be suspended if such person shall show to the court that such

person has subsequently purchased the appropriate licenses.

(f) This section does not apply to a resident of Tennessee who is seventy (70) or more

years of age, and such person is not required to purchase any license required by this

section in order to carry on the businesses enumerated in subsection (b).

(g) Nonresidents residing in states that do not permit the sale of nonresident licenses to

residents of Tennessee are prohibited from engaging in the business of a “commercial

fisher” or “commercial musseler” in Tennessee.

§ 70-2-208 Fur dealers -- license requirements -- regulation of pelts -- penalties

(a) A fur dealer is any person who, either directly or through another person, engages in

the business of buying and selling the pelts or hides of fur-bearing mammals from

hunters, trappers, or other fur dealers.

(b) The license fee for a resident or a nonresident fur dealer shall be one hundred dollars

($100).

fur-bearing mammals, shall possess the appropriate dealer's license; provided, that a

furrier may engage in the business of buying and selling the pelts or hides of fur

bearing mammals without possessing or being required to possess a fur dealer's

license. Such pelts or hides may be purchased by the furrier from fur dealers.

(d) Each dealer must file with the agency, periodically, as directed by the executive

director, a complete report, on forms provided by the agency, of the activity of the

previous reporting period. The report must be completed in its entirety and the dealer

must, by signature, certify as to its accuracy.

(e) The commission is authorized to adopt rules and regulations governing the tagging of

all pelts or hides of fur-bearing mammals taken.

(f) Each dealer must permit wildlife officers to inspect the inventory of pelts or hides and

any records.

(g) Any person violating the provisions of this section commits a Class C misdemeanor.

Upon conviction of a second or subsequent offense within a twelve-month period, the

person's license shall be revoked for a period of one (1) year. In addition, any person

found guilty of engaging in business as defined in subsection (a) without the necessary

licenses shall be sentenced to the county jail or workhouse, which sentence may be

suspended if such person shall show to the court that the appropriate licenses have

been subsequently purchased.

(h) When used in this section, "person" includes any resident or nonresident individual,

association, partnership, corporation or other legal entity including any individual or

entity operating in any capacity on behalf of such individual, association, partnership,

corporation or other legal entity.

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§ 70-2-209 Unlicensed possession and traffic in hides or pelts; penalty

(a) It is unlawful for any person, firm or corporation to purchase, receive for sale or have in

its possession for commercial purposes any green hides, raw furs or pelts of wild

animals without first procuring a license, except as provided in § 70-2-208.

(b) Any violation of this section is a Class A misdemeanor.

§ 70-2-212 Stocking of wildlife – inspections; charges

(a) Stocking of wildlife is declared to be a prerogative of the state. All persons desiring to

stock wildlife shall first obtain a permit from the executive director. Such a permit will

be issued free of charge. Applications for fish from the United States fish and wildlife

service, when approved by the wildlife resources agency, shall be considered a

sufficient permit for the purpose of this section.

(b) The wildlife resources agency has the power to inspect all live fish entering the state,

regardless of their source, and to destroy any shipment found to be diseased, without

incurring any liabilities for so doing.

stocking fish in private ponds. The charges may reflect the agency's costs for raising

and transporting the fish together with other associated costs.

§ 70-2-213 Permits for scientific purposes; reports required; penalty for violation

(a) The executive director has the power, at the executive director's discretion, to grant

permission, under the executive director's seal, to any reliable person to take,

capture and transport in Tennessee, wild birds, and nests and eggs of wild birds,

and wild animals and fish, when taken and used for purely scientific purposes. The

permit so issued shall continue in force for one (1) year after the date of issue and

shall specify the number of any species to be taken under the permit.

(b) Each person receiving a permit under the provisions of this section shall report to the

wildlife resources agency on blanks furnished by it, at or before the expiration of such

permit, the number and disposition of the collections made under the permit.

permit held by that person, shall be, upon conviction, fined not less than twenty-five

dollars ($25.00) nor more than one hundred dollars ($100) and the permit held by that

person shall become void.

§ 70-2-214 Training of hunting dogs -- license requirements; regulation of field

trials -- penalty for violations

(a) Any resident or nonresident who trains hunting dogs in this state shall purchase the

appropriate hunting license, except when such person is competing in recognized field

trials.

(b) Raccoon dog field trials, retriever dog field trials, bird dog field trials, rabbit dog field

trials, and foxhound field trials will be permitted only under rules and regulations

promulgated by the wildlife resources commission. The wildlife resources commission

is authorized to make all such rules or regulations, or both, in connection with the field

trials as it may deem necessary to carry out the provisions of this section.

promulgated by the wildlife resources commission pursuant to the provisions of this

section, is a Class C misdemeanor and, upon conviction of the violation, shall be

punishable by a fine of not less than twenty-five dollars ($25.00) nor more than fifty

dollars ($50.00).

§ 70-2-215 Taxidermist permits -- Report of work; Penalty for violations

(a) Any person, before engaging in the practice of taxidermy, which includes the stuffing,

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mounting, and preparing of the skins of wild birds, animals, and fish for sale or for hire,

must first obtain a permit to do so from the executive director.

(b) The executive director shall collect a fee of fifty dollars ($50.00) for each permit issued,

each permit to expire the last day of February.

accordance with rules and regulations promulgated by the commission. Failure to

make a report pursuant to the rules and regulations shall bar the person concerned

from receiving a renewal of the person's permit or a new permit to engage in

taxidermy.

(d) Any person violating the provisions of this section commits a Class C misdemeanor

and, upon conviction, shall be fined not less than ten dollars ($10.00) nor more than

twenty-five dollars ($25.00).

§ 70-2-219 Permits for hunting or fishing in designated areas -- Trout fishing in

premiere tourist resort cities -- disposition of funds from Reelfoot preservation

permits -- Privileges of senior citizen permit holders -- Special elk-take permit.

(a) Fees for permits required by rules and regulations or proclamations proclaimed by the

fish and wildlife commission, or both, are as follows: (see statute for full fee schedule)

(b)

(1) Before any person may fish for trout in a premiere tourist resort city, such person

must obtain the appropriate permit as described in this part, in addition to any

appropriate state license, if required. The fish and wildlife commission is authorized

to establish seasons and creel limits and to establish and collect permit fees in

amounts to be set forth by proclamation duly passed by the commission. In

addition to the appropriate state license, a person must obtain either a one-day

permit for a fee of two dollars ($2.00) or a three-day permit for a fee of six dollars

($6.00); provided, that a nonresident may purchase a one-day all inclusive permit,

in lieu of the normal license/permit combination. The fee for this permit shall be not

less than eight dollars ($8.00) nor greater than thirteen dollars ($13.00). Eight

dollars ($8.00) from each permit sold shall be retained by the agency as its license

fee.

(2) The fish and wildlife commission is authorized to pay to the premiere tourist resort

city an amount not to exceed the permit fees collected, less the eight-dollar license

fee retained by the agency, for the cost incurred by the premiere tourist resort city

for the stocking of trout.

(3) The fish and wildlife commission may exempt certain age groups from this section.

(4) Full-time police officers and other such authorized employees of the premiere

tourist resort city have the authority under the guidance of the fish and wildlife

commission to enforce the creel limits, licensing and permit requirements of this

subsection (b).

(5) “Premiere tourist resort city” means a municipality having a population of twenty-

five hundred (2,500) or more persons, according to the federal census of 1980 or

any subsequent federal census, in which at least forty percent (40%) of the

assessed valuation, as shown by the tax assessment rolls or books of the

municipality, of the real estate in the municipality consists of hotels, motels, tourist

courts accommodation, tourist shops and restaurants.

designated as set aside for the exclusive use of acquiring and maintaining lands

around Reelfoot Lake.

(d) Residents of Tennessee sixty-five (65) years of age or older who purchase an annual

senior citizen permit and who otherwise comply with the licensing requirements of 70-

2-201(c)(2), if applicable, enjoy the same additional privileges and benefits as provided

230

to an annual sportsman license holder. The annual fee shall be forty dollars ($40.00).

(e)

(1) The executive director is authorized to issue special permits to a nonprofit wildlife

conservation organization that qualifies as tax exempt under 501(c)(3) of the

Internal Revenue Code (26 U.S.C 501(c)(3)). An organization that receives a

special permit issued under this subsection (e) may sell or otherwise transfer such

permits through any legal means available.

(2) Any proceeds of the sale must be used in this state for wildlife management

projects approved by the agency; provided, that, notwithstanding any other law to

the contrary, the organization may use no more than twenty percent (20%) of the

proceeds to administer the sale or transfer of the permit.

(3) The executive director may issue up to five (5) special permits in a license year and

shall strive to ensure that hunting or fishing opportunities occur in each grand

division of the state pursuant to this subsection (e).

(4) The commission may promulgate rules to implement the special permit program.

§ 70-2-220 Permits for pearl culturing

Any person, firm or corporation, before engaging in the business of culturing pearls in the

public waters, shall first obtain an annual license from the wildlife resources agency. No

nonresident shall be granted a license if the state or country of the nonresident prohibits

residents of Tennessee from engaging in the business of culturing pearls. The fee for the

license shall be one thousand dollars ($1,000). The business shall be conducted in

accordance with rules and regulations promulgated by the wildlife resources commission.

The executive director of the wildlife resources agency shall select a committee of five (5)

people that will include the executive director or the executive director's representative,

the chief of fisheries, a fisheries biologist, and two (2) industry representatives to assist

the executive director in the initial drafting of these rules and regulations.

§ 70-2-221 Fish dealers license – requirements; fees; penalties

(a) Any person, firm or corporation, before engaging in the businesses described in this

section, must purchase a fish dealer's license:

(1)

(A) A “bait dealer” engages in the business of capturing legal species of fish or other

aquatic life for the purpose of sale or the selling of legal species of fish and other

aquatic life for bait;

(B) Each bait dealer shall make a monthly report to the executive director on forms

provided as to the number of minnows sold and shall indicate the source of

supply of such minnows; provided, that the executive director may, in the

executive director's discretion, require only those monthly reports that the

executive director may deem necessary; and

minnows, and if found diseased, may cause the shipment to be destroyed

without being liable for damage for such destruction;

(2) “Catch-out operation” is the business of making legal species of fish placed in a

pond, tank, or other constructed container available to persons wishing to procure

them by purchase;

(3)

(A) “Fish farming” is the business of rearing for sale legal species of fish and other

aquatic life or the selling of legal species of fish and other aquatic life reared in

private facilities; and

(B) Fish used in the catch-out business must be reared fish or must be wild

commercial fish species obtained legally by commercial fishers, and must be

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approved by the agency. Fish to be purchased may be caught by persons using

legal fishing methods without the requirement of a fishing license.

(b) These businesses shall be operated under rules and regulations promulgated by the

wildlife resources agency.

license shall be two hundred fifty dollars ($250). The license will expire on the last day

of February each year.

(d) Each license issued shall cover all operations of a single business conducted within

the exterior boundaries of the same tract of land owned or leased by the person, firm

or corporation.

(e) Any person, firm or corporation violating this section commits a Class C misdemeanor

punishable by a fine of not less than twenty-five dollars ($25.00) nor more than fifty

dollars ($50.00).

§ 70-2-222 Freshwater mussels – purchase; payment; penalty

(a) Any person, firm or corporation that purchases or otherwise obtains freshwater

mussels taken from Tennessee waters shall pay to the Tennessee wildlife resources

agency the amount equal to $0.0145 per pound of mussel shells or $.0124 per pound

of mussels, shell with meat, purchased or obtained.

(b) The payment to the agency shall be calculated from receipts filled out by the buyer for

each transaction. A copy of each receipt will be given to the seller and a copy retained

by the buyer, and shall be made available by the buyer for inspection by agents of the

agency or the office of the comptroller of the treasury for a period of two (2) years.

When mussels are sold without first going through a buyer, the method of payment

shall be as described in proclamations promulgated by the wildlife resources

commission. For purposes of this section, a "buyer" is any person, firm or corporation

that buys or otherwise obtains mussels from mussel harvesters or other mussel

buyers, either for use within the state or for exporting from Tennessee.

later than the fifteenth day of the following month.

(d) Revenue from this section shall be used for mussel management, research, and

enforcement. However, no more than twenty-five percent (25%) of the total revenue

shall be spent on enforcement.

(e) A violation of this section is a Class A misdemeanor.

§ 70-2-301 Promotion of commercial fishing

The fish and wildlife commission is directed to promulgate reasonable rules and

regulations necessary to promote commercial fishing activity as an economically viable

commercial enterprise in this state.

§ 70-2-302 Approval from the Convention for the International Trade of

Endangered Species (CITES)

The agency shall request approval from the Convention for the International Trade of

Endangered Species (CITES) to establish a length limit of no less than thirty-six inches

(36'') and an annual season length no shorter than November 15 to April 15. Should the

approval not be granted, the agency is authorized to negotiate conditions under which

the approval would be granted.

§ 70-2-303 Resident preference in licensing – nets; study plan

(a) Tennessee residents shall be given preference in licensing with a limit on the number

of non-resident permits.

(b) All nets shall be properly buoyed to promote safety on the waters of the state.

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juvenile survival rates on waters not currently open to commercial roe fishing. With the

assistance of the commercial fishing community in harvest surveys, such study shall

include at least the following objectives:

(1) Description of the size structure and age structure of the existing paddlefish

population;

(2) Determination of paddlefish population parameters including growth, recruitment,

and natural mortality; and

(3) Assessment of the likelihood that the paddlefish population can provide a

sustainable commercial fishery.

§ 70-2-304 Commercial fishing advisory committee

To insure that the views of the commercial fishing community are appropriately

communicated as well as to assist the wildlife resources agency in developing rules and

regulations on commercial fishing, there is created a commercial fishing advisory

committee. The committee members shall be named by the wildlife resources executive

director and shall include, but not be limited to, licensed commercial fishers and roe

fishers, dealers, and buyers. The members of the committee shall serve as volunteers

and shall not be paid or reimbursed for time served as committee members.

§ 70-4-101 Ownership and title to wildlife vested in the state

(a) The ownership of and title to all forms of wildlife within the jurisdiction of the state that

are not individual property under the laws of the land are hereby declared to be in the

state. No wildlife shall be taken or killed in any manner or at any time, except the

person or persons so taking or killing the wildlife shall consent that the title to the

wildlife shall be and shall remain in the state for the possession, use and

transportation of the wildlife after such taking or killing as set forth in this chapter.

(b) The taking or killing of any and all forms of wildlife at any time, in any manner, and by

any person, shall be deemed a consent on the part of such person that the title to such

wildlife shall be and shall remain in the state for the purpose of regulating the

possession, use, sale and transportation of the wildlife for the public welfare.

§ 70-4-102 Illegal taking, possession or destruction of wildlife; penalty for

violations

(a) It is unlawful for any person to hunt, kill, trap, ensnare, or destroy, or to attempt to

hunt, kill, trap, ensnare, or destroy, or to have in such person's possession, any form

of wildlife except subject to the restrictions and by the means and devices and at the

time prescribed by this title.

(b) Any violations of the proclamations and rules and regulations proclaimed by the

wildlife resources commission are punishable as provided in this title, and the illegal

taking or possession of each bird, animal or fish constitutes a separate offense.

§ 70-4-103 Fox hunting -- training of hunting dogs -- penalty

(a)

(1) Foxes may be chased with dogs the entire year, except during such periods as

may be fixed by the fish and wildlife commission for the protection of the species.

(2) Notwithstanding any private act to the contrary, the commission shall have the

authority to regulate the taking or killing of foxes in this state.

(3) Any person who hunts and kills a fox in a manner other than as permitted by this

subsection (a) commits a Class C misdemeanor.

(b) Fox hounds, rabbit dogs and bird dogs may be trained the entire year, except during

233

such periods as may be fixed by the commission for the protection of the species,

but any person accompanying the dogs or training them shall not possess any

firearm, bow and arrow, or any other such device, except during the regular open

season.

§ 70-4-104 Catching or killing fish; fishing regulations

Fish may be taken with rod and reel, by hook and line held in the hand while fishing, or

by one (1) or more trotlines not having a combination of more than one hundred (100)

hooks, which trotline shall be attended at least once each day. Use or possession of any

other instrument for the killing, catching, or taking of fish or other aquatic life is expressly

forbidden, except as provided for in this title or as permitted by regulations made under

authority granted the fish and wildlife commission under this title.

§ 70-4-105 Lawful possession of wildlife by license holders

(a) Wild animals, wild birds, or wild fowl lawfully taken may be possessed by legal license

holders during any open season for their lawful taking, designated pursuant to the

terms of § 70-4-107(b)-(d), but no person shall have in possession or in storage, or

both, during any open season or at any other time, more than the possession limit

prescribed by the fish and wildlife resources commission.

(b) Any person violating the provisions of this section commits a Class C misdemeanor.

§ 70-4-106 Permission of owner of land to take wildlife or big game required –

penalty for violations

(a)

(1) It is unlawful for any person to hunt, take, chase, trap or kill any wild animal, wild

bird, wild fowl or fish, upon the land of another without having first obtained the

permission or approval of the owners of the land, or of the person or persons in

charge of the land and having authority from the owner to give such permission.

(2) A violation of this subsection (a) is a Class C misdemeanor. Upon conviction for

any violation of this subsection (a), the court may revoke the license of the person

so convicted. Any license so revoked shall be surrendered to the court and

transmitted to the arresting officer, to be made a part of the prosecution record.

(b)

(1)

(A) Notwithstanding subsection (a), it is unlawful for any person to hunt, take,

chase, trap or kill any game as defined in § 70-1-101 upon lands posted with

signs approved by the wildlife resources agency bearing the language “Hunting

By Written Permission Only” and bearing the name of the landowner or the

person in possession or control of such lands, without having first obtained the

written permission of or being accompanied by the landowner or the person in

possession or control of such lands and having authority from the owner to give

such permission. Every person who hunts, takes, chases, traps or kills any

game on such lands shall have such written permission in immediate

possession at all times and shall display the same upon demand of an officer of

the wildlife resources agency, sheriff or other peace officer charged with the

enforcement of the laws of this state. Written permission shall not be required of

the landowner, the landowner's dependents, the person in possession or control

of such lands, or the dependents of the person in possession or control of such

lands.

(B) The signs posted pursuant to this subsection (b) must be posted by either of

the following methods:

(i) The signs must be visible at all major points of ingress of the lands being

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posted, in such manner that the signs are reasonably likely to come to the

attention of intruders; or

(ii) The signs must be visible at all major points of ingress and must be

accompanied by fluorescent visual markings, which markings must also be

placed at fifty-yard (50 yd) intervals around the perimeter of the lands being

posted. Such fluorescent visual markings must be at least one inch (1″) wide

and four inches (4″) long. The division of forestry, in cooperation with the

department of agriculture and the wildlife resources agency, shall determine

a unique universal paint color or colors, including the color blue, to be used

for these property boundary markings.

authorization from the landowner is subject to the penalties imposed by

subdivision (b)(2).

(2)

(A) A violation of this subsection (b) is a Class C misdemeanor. Upon conviction for

any violation of this subsection (b), the court may revoke the license of the

person convicted. Any license so revoked shall be surrendered to the court.

(B) This subsection (b) is enforceable and may be prosecuted by all officers of the

wildlife resources agency, sheriffs and other peace officers charged with the

enforcement of the laws of this state.

lands stating that the property on which the violation occurred was properly

posted in accordance with this section shall create an inference that such lands

were properly posted.

§ 70-4-107 Hunting and fishing seasons -- bag and creel limits; nonprotected

wildlife

(a) There is hereby declared a closed season upon all hunting and fishing in this state

upon all wildlife protected by the laws of the state.

(b) Whenever the supply of game or fish, or both, existing in any area, lake or stream shall

become adequate to allow the taking or hunting, or both, of the game or fish without

material danger of extinction or undue depletion of such game or fish, then it is lawful

for any person to hunt or fish, or both, in the area, lake or stream within the creel, size,

and bag limits, and in the manner and by the means prescribed by the fish and wildlife

commission.

(c)

(1) The fact as to whether or not the supply of game or fish, or both, is at any time

adequate to allow the taking of game or fish without the danger of extinction or

undue depletion shall be determined by the commission, after a complete survey of

the area in question.

(2) If the commission finds that the supply of game or fish, or both, is sufficient to allow

taking without the danger of extinction or undue depletion, it shall announce such

fact by proclamation, in which it shall state the species of the game or fish, or both,

that may be taken without the danger as mentioned in this section, and shall

likewise ascertain and announce the dates and hours of the day between which

such game or fish, or both, may be taken without the dangers set forth. Upon such

announcement by the commission, it is lawful for any person within the area so

designated by the commission to take game or fish, or both, of the species

mentioned by the commission.

(3) The proclamations shall become effective thirty (30) days after filing with the

secretary of state. During emergency conditions, seasons may be closed,

reopened or extended summarily. A copy of all proclamations issued by the

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commission shall be immediately filed with the secretary of state and the county

clerks for the counties affected.

(4) The commission shall annually publish a list of such wildlife as are deemed

destructive or not to be protected by law, or both.

(d) During any such open season as promulgated by the commission, the provisions of all

general game and fish laws shall remain in full force and effect with reference to the

method and manner of hunting and fishing and all other restrictions and provisions as

to the taking of wild animals and fish as now or hereafter appear in the general game

and fish laws.

(e) The open season on private lakes may be set by the owner and operator thereof, but

the creel limits on fish caught from the waters of such lakes shall not exceed that set

by law for public waters.

(f)

(1) The commission may establish open seasons, bag and creel limits for the taking of

game and fish on state lands, including lands leased by the state for wildlife

management purposes, and may make any regulations it may deem needful to

promote the best interest and enforce these provisions by means of rules and

directions.

(2) A violation of this subsection (f) is a Class B misdemeanor.

§ 70-4-108 Hunting from or across public road or near dwelling – penalty

(a) It is unlawful to hunt, shoot at, chase, catch, or kill, with or without dogs, any wild

animal, wild bird, or wild fowl from a public road right-of-way, or to shoot any

firearms across or on any public road.

(b) It is unlawful to hunt, shoot at, chase, or kill, with or without dogs any wild animal,

wild bird or wild fowl on public lands and waters within one hundred yards (100 yds.)

of a visible dwelling house, whether or not such dwelling house is on public or private

lands, without the owner's permission.

(d)

(1) It is unlawful to hunt, shoot at, chase, catch, or kill, with or without dogs, any wild

animal, wild bird, or wild fowl from a motor vehicle on either a public road or right-

of-way, or from a public road or right-of-way after leaving a motor vehicle

specifically for such purpose with the immediate intent to return to the vehicle.

(2) A violation of the provisions of this subsection (d) is a Class A misdemeanor.

§ 70-4-109 Hunting from aircraft, watercraft or motor vehicles unlawful; exception

for persons confined to wheelchairs; penalty

(a) It is unlawful to chase, hunt, or kill any wild birds, wild animals or wild fowl in this

state from any craft propelled by electric, gasoline, steam or sail power, or

airplane or hydroplane or from any automobile or motor vehicle, unless otherwise

provided by law, rule and regulation or by proclamation; provided, that under no

circumstance shall this subsection (a) be construed as authorizing the legalization

of hunting from an automobile or motor vehicle while under power.

(b) Notwithstanding subsection (a), any person totally and permanently confined to a

wheelchair as certified by appropriate documentation to the executive director may

hunt or kill any wildlife from a stationary automobile or motor vehicle during the lawful

hunting seasons; provided, that it is unlawful for such person to shoot directly across

or over any road, path or other right-of-way; and provided further, that any such

persons shall be accompanied by another person who is not so confined at all times

when hunting, and that such person shall retrieve all game taken in such hunt.

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§ 70-4-110 Spotlighting deer – penalty

(a)

(1) It is unlawful for any person, or one (1) or more of a group of persons together, to

willfully throw or cast, or cause to be thrown or cast, the rays of a spotlight,

headlight, or other artificial light from any motor vehicle or vessel or with the aid of

any motor vehicle or vessel, on or from any highway, or in any field, woodland, or

forest, or the waters of the state, in an apparent attempt or intent to locate deer by

the use of such light, unless such person or persons direct such light onto property

owned by such person or one of the persons involved, or such person or group of

persons has written permission from the landowner to willfully throw or cast, or

cause to be thrown or cast, the rays of a spotlight, headlight, or other artificial light

onto the property of the landowner. Such written permission must be in immediate

possession at all times and the individual shall display same upon demand of law

enforcement.

(2) Notwithstanding subdivision (a)(1), it is unlawful to willfully throw or cast, or cause

to be thrown or cast, the rays of a spotlight, headlight, or other artificial light from

any motor vehicle or vessel or with the aid of any motor vehicle or vessel, at any

time from or on any public roadway.

(b) The operator of any motor vehicle or vessel from which the rays of an artificial light

have been cast as outlined in subsection (a) shall immediately stop such vehicle or

vessel upon the direction of any enforcement officer of the wildlife resources agency.

(d) In the prosecution of second or subsequent offenders, the indictment or presentment

must allege the prior conviction for violating any of the provisions of this section,

setting forth the time and place of each such prior conviction. The court shall prohibit

such convicted person, either first or subsequent offenders, from hunting, fishing or

trapping in this state for a period of one (1) year.

§ 70-4-111 Hunting or killing any big game during closed season -- penalty

Any person who hunts or kills any big game during the closed season for such game

commits a Class B misdemeanor.

§ 70-4-112 Hunting and chasing coons regulated; training season; violations;

penalties

(a)

(1) It is lawful for any person to chase coons with dogs at any season of the year, but

no coon shall be killed or taken except during open season for killing or taking of

coons, as may be prescribed by the fish and wildlife commission or other body

possessing the power to regulate open and closed seasons for game. No person

chasing coons with dogs shall use or carry any firearms, axes or climbing

instruments except during such open season as may be proclaimed as set forth in

this subdivision (a)(1). No coon shall be shot at any time in the year either from a

boat or any type of motor vehicle.

(2)

(A) Notwithstanding the provisions of this section, this part or any public or private

act to the contrary, in Morgan County and in in counties that are located entirely

east of U. S. Highway 27, the commission shall establish a minimum training

season of not less than six (6) months each year, within which period coon

dogs may be trained. Such coon dog training season shall not commence

earlier than June 1 of each year. Such six (6) month period need not be

consecutive. Within such training season, no person chasing coons with dogs

shall use or carry any firearms, axes or climbing instruments except during such

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open season as may be proclaimed pursuant to this section. No coon shall be

killed or taken except during such open season. No coon shall be shot at any

time in the year either from a boat or any type of motor vehicle. The commission

shall establish a minimum coon hunting season of not less than six (6) weeks

each year, which season shall not commence sooner than November 1 of each

year. Such six (6) week period need not be consecutive. The commission has

the authority to extend both the training season or hunting season, or both, to

such additional periods of time as it deems justified based on the coon

population in the area involved in any section or sections of the state.

(B) To the extent that the provisions of this subdivision (a)(2) conflict with the

provisions of § 70-4-122, any public act or any private act, the provisions of this

subdivision (a)(2) control and shall supersede such laws.

(b) Any person violating this section commits a Class C misdemeanor, and, in addition to

the penalties prescribed by § 40-35-111 for Class C misdemeanors, is prohibited from

hunting, chasing, or trapping for a period of not less than one (1) year.

§ 70-4-113 Use of bait, pitfalls and certain other devices in taking birds and

animals prohibited -- penalty -- exceptions.

(a) It is unlawful for any person at any time to make use of any pitfall, deadfall, cage,

snare, trap, net, baited hooks, poison, chemicals, explosives, set guns, spotlights,

electric lights or torches, bait, which includes any grain, or mixture of any ingredients,

used as or for food purposes, or other devices for the purpose of killing, injuring, or

capturing any birds or animals protected by the wildlife laws of this state, except as

otherwise expressly provided.

(b) The executive director or the executive director's designees may use any chemical,

biological substance, poison or device under controlled conditions to capture or kill any

bird or animal for scientific, propagating, enforcement, humane or rescue purposes or

when it is considered necessary by the executive director to reduce or control any

species that may be detrimental to human safety, health or property. No action on the

part of the executive director, directed to the control of rabies or other diseases spread

from wildlife to human beings, shall be taken until the following conditions have been

met:

(1) The county board of health in the affected county shall have met in open session

and, by appropriate resolution, declared that a condition detrimental to the human

safety, health or property exists within the affected county:

(2) An official quarantine by the county board of health has been established on all

dogs, cats and pets in the county; and

(3) An official request has been made by the county board of health, through and with

the concurrence of the commissioner of health, to the executive director to take

such action as is necessary by the executive director or the executive director’s

designees and by such means as are authorized in this section to bring the disease

under control in the affected county. This subsection (b) is effective in every county

in this state.

torch lights may be used in the hunting and taking of raccoons, opossums and frogs,

and box traps may be used for the taking of rabbits during the open shooting season

for the same.

§ 70-4-114 Destruction of dens or nests, spotlighting, and use of spears,

explosives, chemicals or other devices unlawful; penalty

(a) It is unlawful to disturb, mutilate, or destroy the home, nest, or den of any protected

wild animals or birds, to use spears or any like device in the hunting or taking of

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protected wild animals, to blind with lights, except as provided in § 70-4-113, or to use

explosives, chemicals, mechanical devices, or smokers of any kind to drive protected

wild animals out of their dens, holes, or houses.

(b) A violation of this section is a Class C misdemeanor.

§ 70-4-115 Destruction and disposal of wildlife – permit; penalty

(a) The owner of lands may destroy any wild animals, wild birds, or wild fowl when such

wild animals, wild birds, or wild fowl are destroying property upon such lands. Any

person, before destroying any big game under the conditions provided for in this

section, is required to obtain a permit for destroying such big game. Such permit shall

be issued by an officer of the wildlife resources agency.

(b) Any big game killed or destroyed under the conditions provided for in this section shall

remain the property of this state and may be disposed of by the officer of the

commission by gift to any worthy recipient; provided, that any wild birds or wild animals

killed accidentally or illegally shall be disposed of in the same manner and a receipt for

the same obtained from the person or agency receiving such game.

motor vehicle. Notwithstanding any other provision of the law to the contrary, wild

animals accidentally killed by a motor vehicle may be possessed by any person for

personal use and consumption; except that, first, personal possession of a deer

accidentally killed by a motor vehicle is permitted only if the person notifies the wildlife

resources agency or any law enforcement officer within a reasonable time not to

exceed forty-eight (48) hours and supplies that person’s name and address; and

second, personal possession of a bear accidentally killed by a motor vehicle is

permitted only when authorized by an enforcement officer of the wildlife resources

agency and the person is issued a kill tag. In deer-kill notification situations where a

law enforcement officer rather than someone with the wildlife resources agency is

notified, the law enforcement officer or the officer’s designee shall be responsible for

notifying someone with the wildlife resources agency and supplying the information

relevant to the deer-kill. Nothing in this section authorizes possession of federally

protected wildlife or wildlife protected by the state under chapter 8 of this title.

(d) A violation of this section is a Class C misdemeanor.

§ 70-4-116 Hunting, killing and possession of deer, bear, wild elk and wild turkey

-- transporting – penalties

(a) Notwithstanding any law or any public or private act to the contrary, it is unlawful for

any person to hunt or take deer, bear or wild elk with any shotgun using ammunition

loaded with more than one (1) solid ball or rifled slug, or with any rifle using rim-fire

cartridges. Bows and arrows are prohibited except as prescribed by the fish and

wildlife commission.

(b) It is unlawful to hunt, pursue, capture, possess, transport or store any deer, wild

turkey, bear or wild elk either male or female, in this state, at any time or in any area

other than at times and within the area designated by the commission in its

promulgation of open seasons, as provided by this title.

been killed outside the boundaries of this state. Possession of such game in any

closed season or boundary, except as provided in subsection (e), is prima facie

evidence of guilt under this section. Any person found in possession of a deer, wild

turkey, bear or wild elk and claiming that it was killed outside the state shall present to

the executive director, or to any court hearing a cause pursuant to this title, sufficient

proof to establish that the animal was so killed.

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(d)

(1) Any person killing or possessing, or both, a deer, wild turkey, bear or wild elk shall

tag the animal in accordance with procedures set out in the proclamation. Any

deer, wild turkey, bear or wild elk that has not been tagged in accordance with this

chapter or any proclamation promulgated in accordance with this title may be

confiscated and disposed of as provided by law.

(2) The commission is authorized to issue special quota harvest tags for certain

species, or sexes of species, requiring limited harvest. The commission is

authorized to adopt rules and regulations that would permit granting to landowners

special consideration in the issuance of special quota harvest tags.

(3) A violation of this subsection (d) is a Class C misdemeanor.

(e)

(1) A violation of subsections (a)-(c) is a Class B misdemeanor except that a violation

of any of these subsections relative to wild elk shall be a Class A misdemeanor. It

is mandatory upon the court to impose the prison sentence, upon conviction for a

second or subsequent offense, and the prison sentence is not subject to

suspension.

(2) In the prosecution of second or subsequent offenders, the indictment or

presentment must allege the prior conviction for violating any of the provisions of

subsections (a)-(c), setting forth the time and place of each such prior conviction.

The court shall prohibit such convicted person, either a first or subsequent

offender, from hunting, fishing or trapping in this state for a period of one (1) year.

(f)

(1) In addition to the punishments authorized by this title, any court that convicts a

person of killing or possessing a white-tailed deer, wild turkey, bear, or wild elk in

violation of this title may order that person to pay restitution for the animal to the

agency in the following amount:

(A) Not less than one thousand dollars ($1,000) per animal, for each of the

following that is illegally killed or possessed:

(i) Wild turkey;

(ii) White-tailed deer with no antlers; and

(iii) Antlered white-tailed deer with less than eight (8) antler points;

(B) Not less than one thousand five hundred dollars ($1,500) per animal, for each

of the following that is illegally killed or possessed:

(i) Wild elk with no antlers; and

(ii) Antlered wild elk with less than eight (8) antler points;

dollars ($500) per antler point, for each antlered white-tailed deer with at least

eight (8) but not more than ten (10) antler points that is illegally killed or

possessed;

(D) Not less than one thousand dollars ($1,000) per animal plus seven hundred fifty

dollars ($750) per antler point, for each antlered white-tailed deer with eleven

(11) or more antler points that is illegally killed or possessed;

(E) Not less than one thousand five hundred dollars ($1,500) per animal plus five

hundred dollars ($500) per antler point, for each antlered wild elk with at least

eight (8) but not more than ten (10) antler points that is illegally killed or

possessed;

(F) Not less than one thousand five hundred dollars ($1,500) per animal plus seven

hundred fifty dollars ($750) per antler point, for each antlered wild elk with

eleven (11) or more antler points that is illegally killed or possessed; and

(G) Not less than five thousand dollars ($5,000) per animal, for each bear that is

illegally killed or possessed and for each bear cub that is orphaned by the illegal

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killing or possession of a bear.

(2)

(A) If the conviction is based on the killing or possession of a wild elk and the court

orders restitution pursuant to subdivision (f)(1), in addition to any other relevant

factors to consider when determining the amount of restitution, the court shall

also include the costs associated with the reintroduction of a wild elk.

(B) Notwithstanding any provision of law to the contrary, a farmland owner, lessee,

or designee may take an elk found within a “no elk zone” when the owner,

lessee, or designee reasonably believes the elk is causing or has caused

damage to the owner's property. In all other situations, the farmland owner,

lessee, or designee shall first provide the agency an opportunity to relocate the

elk. The “no elk zone” shall be defined by the commission.

(g) In addition to the punishments authorized by this title, any court that convicts a person

of killing or possessing a white-tailed deer, wild turkey, bear, or wild elk in violation of

this section shall revoke any license that was issued to the person under this title until

the person has paid in full all restitution that the court ordered the person to pay.

§ 70-4-117 Possession of weapons in areas inhabited by big game; penalty

(a) It is unlawful for any person to be in possession of any firearm, bow and arrow,

shotgun or rifle in, on, or while traversing any refuge, public hunting area or wildlife

management area frequented or inhabited by big game, except during specified or

lawful open seasons on these areas. Any person violating this section is guilty of

hunting big game and shall be punished as provided for in subsections (b) and (c).

(b)

(1) A violation of this section is a Class B misdemeanor.

(2) It is mandatory upon the court to impose the prison sentence, upon conviction for a

second or subsequent offense, and the prison sentence is not subject to

suspension.

must allege the prior conviction for violating any of the provisions of this section,

setting forth the time and place of each such prior conviction. The court shall prohibit

such convicted person, either a first or subsequent offender, from hunting, fishing or

trapping in this state for a period of one (1) year.

(d) Notwithstanding subsection (a), a person with a handgun carry permit pursuant to §

39-17-1351, or a person otherwise legally in possession of a handgun primarily for

personal defensive use, may possess a handgun at any time while on the premises of

any refuge, public hunting area, wildlife management area, or national forest land

maintained by the state. Nothing in this subsection (d) shall authorize a person to use

any handgun to hunt game unless the person is in full compliance with all wildlife laws,

rules, and regulations.

(e) Nothing in this section shall authorize a person with a hand gun carry permit to

possess such weapon in the portion of any refuge, public hunting area or wildlife

management area that is within the boundaries of a state park or state natural area

unless otherwise authorized in accordance with state law.

(f) Nothing in this section shall authorize a person to access any area unless the person is

in full compliance with all current wildlife laws, rules, proclamations and regulations.

§ 70-4-118 Unlawful to hunt deer being chased by dogs or to permit dogs to hunt

deer or chase deer – confiscation of dogs; penalties

(a) No person shall knowingly hunt deer being chased by dogs nor shall any person

knowingly and intentionally permit such person's dogs to hunt or chase deer.

(b) Any officer of the wildlife resources agency may take into possession any dog known

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to have hunted or chased deer and shall notify the owner of the dog, or if the owner is

unknown, shall advertise in a newspaper of general circulation in the county that the

dog is in the officer's possession, giving the description of the dog and stating the

circumstances under which it was taken. The officer shall hold the dog for a period of

ten (10) days and shall report the facts in full to the director.

payment of the costs of advertising and the cost of keep. If the owner does not claim

the dog within the above specified time, the dog shall be deemed ownerless and a

public nuisance and shall be disposed of in the manner prescribed by the executive

director. In this event, the costs of advertising and keep shall be paid by the agency.

(d) Any person violating the provisions of this section commits a Class B misdemeanor. It

is mandatory upon the court to impose the prison sentence, and the minimum time is

not subject to suspension, but may be served on such days designated by the judge.

(e) Notwithstanding subsection (a), the commission is authorized to promulgate rules to

allow for the use of dogs in tracking and recovering an injured or deceased deer.

§ 70-4-119 Taking of aquatic animal life other than game fish -- possession of

commercial fishing gear on contaminated waters -- use of explosives, electrical

devices or poisons in taking fish – penalties.

(a) The taking of fish, mussels, turtles and other aquatic animal life, other than those

species designated as game fish, from the waters of this state is not permitted except

in accordance with the following provisions:

(1) Any and all varieties of fish, mussels, turtles and other aquatic animal life may be

sold commercially, subject to limitations prescribed by the fish and wildlife

resources commission;

(2) The commission is hereby authorized to designate all waters that shall be opened

to the use of various types of gear to be used for the commercial taking of fish,

mussels, turtles and other aquatic animal life, and the commission is authorized to

specify the types of commercial gear to be used for the taking of fish, mussels,

turtles and other aquatic animal life from any of such waters, under regulations

prescribed by the commission in its proclamation for the commercial taking of fish,

mussels, turtles and other aquatic animal life;

(3) The possession or use, or both, of any type of gear that is not specifically

authorized by the commission, or that is not properly licensed, is forbidden. No

commercial gear may be possessed on, or immediately adjacent to, any body of

water where such gear is not authorized;

(4) Any wildlife accidentally taken in connection with a commercial operation under this

section shall be quickly and carefully released with the least possible injury;

(5) Each piece of commercial fishing gear, including trotlines, fished commercially,

shall bear securely fastened to the gear at the head end of the line or net or to the

float, a current and valid identifying tag to be supplied by the commercial fisher.

The tag shall measure at least one inch by three inches (1'' x 3'') and shall have the

name of the commercial fisher along with the commercial fisher's current license

number.

(6) The commission is hereby authorized to promulgate proclamations pertaining to

the use of slat baskets by sport fishing license holders. Such baskets shall be

marked with an identifying tag, which will expire the last day of February following

the date of issue. This tag will be issued to each sport fishing license holder upon

application to the agency and upon payment of not more than five dollars ($5.00) to

defray the cost and expense of furnishing each tag;

(7) It is unlawful for a commercial fisher to possess, while engaging in commercial

fishing, any species of fish that cannot legally be taken with commercial fishing

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gear, except for legally taken bream less than four inches (4'') in length, which may

be used as bait;

(8) Any person violating this section or any proclamation promulgated pursuant to this

section commits a Class B misdemeanor and also is prohibited from engaging in

sport fishing, commercial fishing or commercial musseling for a period of time of

not less than one (1) year. Any person who engages in sport fishing, commercial

fishing or commercial musseling during the prohibited time set by the court commits

a Class B misdemeanor;

(9) For enforcement purposes, if fewer than five percent (5%) by number of mussels

taken by a commercial musseler are not suitable for sale because such mussels

are too small, no sanctions shall be imposed against such commercial musseler;

and

(10) Wholesale fish dealers and wholesale mussel dealers shall supply, upon request

from the director of wildlife resources agency or the director's agent, reports

detailing the quantities of fish and mussels purchased. Records shall be made

available for inspection upon request by agents during normal business hours.

(b) Possession of commercial fishing gear on, or immediately adjacent to, any waters

closed due to contamination, or possession of any species of fish, turtle or other

aquatic animal life taken from waters closed to that species due to contamination is

punishable as a Class A misdemeanor. Additionally, such person shall be prohibited

from engaging in commercial fishing for not less than six (6) years.

(c)

(1) It is unlawful to use or possess dynamite, an electrical device, explosives,

chemicals, lime or poison to kill or stun fish, or to attempt to do so.

(2) A violation of subdivision (c)(1) is a Class B misdemeanor.

(3) Each fish killed and each stick of dynamite or dynamite cap used is a separate

offense.

(4) The executive director, or the executive director's designated agents, may use any

substance, chemical, or device to stun or kill fish for scientific, propagating,

enforcement or rescue purposes, and may use poison in certain waters or lakes of

the state where it is necessary to remove or eradicate undesirable species of fish

from the waters.

§ 70-4-120 Trapping, snaring or baiting regulations -- penalties for violations --

snare traps -- use of tamed quail to train bird dogs

(a)

(1) It is unlawful for any person, except as provided in this chapter, to set or place any

trap or snare, or bait any trap or device, upon the lands of, or in the waters

adjoining the lands of, any person, for the purpose of catching or killing any wild

animal upon the lands of another, except during the open season on such animals,

and then only after such person has obtained the written consent of the owner of

the lands, which written consent shall be upon the person who may be using or

setting the devices; provided, that nets, spring poles and deadfalls are prohibited at

all times and all places.

(2) The commission shall promulgate rules or adopt proclamations, as necessary, to:

(A) Determine the types of steel traps that may be used in the taking of wild

animals; and

(B) Regulate the placement of steel traps.

(3) The commission shall promulgate rules or adopt proclamations, as necessary, to

establish inspection requirements for steel traps used in the taking of wild animals.

(4) Persons trapping upon the lands of another shall at once make to the owner of the

lands a full written report of the head of fowl, stock, or dog caught in the steel trap

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or other trapping device set by such person, giving the date the fowl, stock or dog

was caught, with a full description of the fowl, stock or dog.

(5) When damage is done to any person's fowl, stock, dogs or the like by reason of

being caught by the device, the one setting or placing the device shall be liable for

all damages done by such device.

(6) All traps set or used for the purpose of taking any wild animals shall be stamped

with the owner's name in such manner that the same shall be legible at all times.

Any trap or traps found that are not stamped may be confiscated or destroyed.

(7) Any person violating this section commits a Class C misdemeanor and also is

prohibited from trapping or engaging in the business of buying or selling furs for a

period of time of not less than one (1) year, or both. Any person who traps or

engages in the business of buying or selling furs during the period commits a Class

C misdemeanor.

(b) It is lawful at all times for any person to train bird dogs through the use of release pens

and tamed and identified quail. The tamed quail shall be identified through the use of

tags or dye and the training of the bird dogs shall be conducted under such rules and

regulations as may be promulgated by the fish and wildlife commission.

§ 70-4-121 United States fish and wildlife service exempt from game laws

It is lawful for the director of the United States fish and wildlife service and the director's

duly authorized agents to take at any time and in any manner from the public fresh

waters of this state all fish required by them for the operation of the state and federal

hatcheries. The United States fish and wildlife service is exempt, in the operation of

federal fish hatcheries in Tennessee, from the provisions of the state game laws. The

director of the United States fish and wildlife service and the director's duly authorized

agents are accorded the right to conduct fish hatching and fish culture and all operations

connected with fish hatching and fish culture in any manner and at any time that may by

the director be considered necessary and proper, any laws of the state to the contrary

notwithstanding.

§ 70-4-122 Coon dog training

(a)

(1) It is unlawful for any person or firm to train coon dogs by chasing coons in West

Tennessee and the following counties: Carter, Claiborne, Greene, Johnson,

Sullivan, and that part of DeKalb County lying south and west of state highway No.

96 and U.S. Highway No. 70, except during the thirty (30) days immediately

preceding the opening of the season under general laws of the state for hunting

coons; provided, that none of the provisions of this subsection (a) shall apply to

Shelby County or the counties of McNairy, Fayette, Hardeman, Decatur, Dyer,

Carroll, Henry, Weakley and Chester.

(2) As used in this subsection (a), "West Tennessee" includes that portion of the state

lying west of the Tennessee River where it enters the state from the states of

Alabama and Mississippi and emerges into the state of Kentucky, but "West

Tennessee" does not include Benton County, Gibson County, Madison County,

Henderson County or Hardin County. The provisions of this subsection (a) also

apply to the following counties located in other parts of the state: Carter, Claiborne,

Greene, Johnson, Morgan, Sullivan, Unicoi, and that part of DeKalb County lying

south and west of state highway No. 96 and U.S. Highway No. 70.

(b)

(1) Cocke County. It is lawful in Cocke County to have a jump-out training season

during the period each year from October 9 through November 1, and

notwithstanding other provisions of this section, it is lawful to train coon dogs in

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Cocke County at any time of the year, except during the period each year from

March 1 to May 15, so long as coons are not taken except during the open season.

(2) Crockett County. It is lawful at any time of the year to train coon dogs in Crockett

County so long as coons are not taken except during the open season.

(3) Gibson County. It is lawful at any time of the year to train coon dogs in Gibson

County, so long as coons are not taken except during the open season.

(4) Grainger County. It is unlawful for any person or firm to train coon dogs by

chasing coons in Grainger County, except during the period beginning October 1

through February 28, so long as coons are not taken except during the open

season.

(5) Hancock County. Notwithstanding other provisions of this section, it is lawful to

train coon dogs in Hancock County at any time of the year, except during the

period each year from March 1 to May 15, so long as coons are not taken except

during the open season.

(6) Hawkins County. It is unlawful for any person or firm to train coon dogs by chasing

coons in Hawkins County except during the open season.

(7) Haywood County. It is lawful at any time of the year to train coon dogs in

Haywood County, so long as coons are not taken except during the open season.

(8) Humphreys County. It is lawful at any time of the year to train coon dogs in

Humphreys County, so long as coons are not taken except during the open

season.

(9) Jefferson County. It is lawful in Jefferson County to have a jump-out training

season during the period each year from October 9 through November 1, and

notwithstanding other provisions of this section, it is lawful to train coon dogs in

Jefferson County at any time of the year, except during the period each year from

March 1 to May 15, so long as coons are not taken except during the open season.

(10) Lake County.

(A) It is unlawful for any person or firm to train coon dogs by chasing coons in Lake

County except during the open season.

(B) This subdivision (b)(10) shall have no effect unless it is approved by a two-

thirds (2/3) vote of the county legislative body of Lake County. Its approval or

nonapproval shall be proclaimed by the presiding officer of the Lake County

legislative body and certified by such officer to the secretary of state.

(11) Lauderdale County. It is lawful at any time of the year to train coon dogs in

Lauderdale County, so long as coons are not taken except during the open

season.

(12) Morgan County. It is lawful to conduct “sanctioned coon hunts” in Morgan

County during the closed season, so long as coons are not taken during such

closed season. For the purposes of this subdivision (b)(12), “sanctioned coon

hunts” means chasing coons for the purpose of “treeing” only. The sanctioned

hunts shall require the approval of a recognized Kennel Club such as the AKC,

UKC, NKC or PKC.

(13) Obion County. Notwithstanding other provisions of this section, it is lawful to

train coon dogs in Obion County at any time of the year, so long as coons are not

taken except during the open season.

(14) Tipton County. It is lawful at any time of the year to train coon dogs in Tipton

County, so long as coons are not taken except during the open season.

(15) Unicoi County. It is unlawful for any person or firm to train coon dogs by chasing

coons in Unicoi County except during the seventy (70) days immediately prior to

the season for hunting coons in such county.

(16) Washington County. It is unlawful for any person or firm to train coon dogs by

chasing coons in Washington County except during the open season.

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section shall be construed as restricting the training of coon dogs where no element of

chasing or hunting coons is involved.

§ 70-4-123 Hunting with bow and arrow prohibited while in possession of

firearms or accompanied by a person in possession of firearms; penalty

(a) It is unlawful for any person hunting big game with a bow and arrow to be in

possession of any firearms or be accompanied in hunting by any person possessing

firearms during the archery-only deer season; provided, that persons authorized to

carry a handgun pursuant to § 39-17-1351 may carry a handgun as defined in § 39-

11-106(a) while hunting big game with a bow and arrow during the archery-only deer

season.

(b) A person who violates the provisions of this section commits a Class C misdemeanor.

§ 70-4-124 Wearing daylight fluorescent orange while hunting big game required;

penalty

(a) Every person hunting big game except turkey during the gun hunts proclaimed by the

commission shall wear on the upper portion of the body and head outer garments of

daylight fluorescent orange color of not less than five hundred square inches (500 sq.

in.) and visible from the front and back.

(b) "Daylight fluorescent orange color" means having a dominant wave length between

five hundred ninety-five thousandths (.595) and six hundred five thousandths (.605)

nanometers, excitation purity of not less than eighty-five percent (85%) and a

luminance factor of not less than forty percent (40%).

(d) This section does not apply to a person hunting on that person's own property.

(e) Notwithstanding § 8-21-401, the court costs imposed or assessed against any person

convicted of a violation of this section may not exceed the maximum fine amount that

may be imposed for a violation of this section.

§ 70-4-125 Causing death to wildlife, hunting dog or domestic animal by

poisonous substance prohibited

(a) No person shall deposit, place or cause to be deposited or placed out of doors any

poisonous substance or any matter that has been rendered poisonous that causes or

is capable of causing death or injury to wildlife, a hunting dog, or a domestic animal.

Such prohibition applies only where the substance or matter is placed on the property

of another.

(b) No person shall knowingly or recklessly place or deposit, or cause to be placed or

deposited, on such person's property a poisonous substance or any matter that be

rendered poisonous if consumed by an animal or human being, if such poison or

poisonous matter could be reasonably assumed to be accessible by a minor under the

age of fifteen (15) years. The provisions of this subsection (b) shall only apply if the

placing or depositing of the poisonous substance is done with the intent of causing

death or injury to a hunting dog or a domestic animal.

(d) Such prohibition does not apply to rabies control activities of the appropriate public

health officials.

§ 70-4-126 Use of electronic or battery operated device to lure or kill a fox

prohibited; penalty

(a) No person shall use any electronic or battery operated device for the purpose of luring,

killing, or attempting to lure or kill a fox.

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(b) A person who violates the provisions of this section commits a Class C misdemeanor.

health officials.

§ 70-4-127 Dove-baiting prohibited

(a) It is a criminal offense to bait a field or other area. "Bait," as used in this section,

means the intentional placement of grain or any mixture of any ingredients used as or

for food purposes for the purpose of killing, injuring, or capturing doves. "Bait" does not

include the broadcasting or sowing of grain or seed for normal agricultural purposes,

the placement of salt pans or troughs for livestock, the practice of leaving or

manipulating standing crops in a field, or other normal agricultural practices

customarily practiced on the land.

(b) Any person who enters upon the lands of another to bait a field or other area commits

criminal trespass, and, upon conviction, shall be punished in accordance with the

provisions of § 39-14-405.

directs another to do so commits a Class C misdemeanor.

§ 70-4-128 Posting notice of dove-baiting

If any Tennessee wildlife resources agency officer or employee has reasonable cause to

believe that a field has been unlawfully baited with grain or any mixture of any

ingredients used as or for food purposes for the purpose of killing, injuring or capturing

doves, then such officer or employee shall immediately post notices on such field in

conspicuous locations that the field is baited and hunting is prohibited. If any such officer

or employee discovers and fails to post such field in accordance with this section, no

person shall be subject to prosecution for hunting on or over such field, notwithstanding

any provision of this title to the contrary. The Tennessee wildlife resources agency and

its officers and employees are exempt from civil liability in its actions in enforcement of

this section.

§ 70-4-129 Sale of fish and wildlife by charitable organizations

(a) Notwithstanding the provisions of § 70-4-101, or rules, regulations or proclamations of

the agency or commission to the contrary, fish and wildlife may be sold by charitable

organizations in any county having a population of not less than twenty- seven

thousand eight hundred (27,800) nor more than twenty-eight thousand (28,000)

according to the 1990 federal census or any subsequent federal census for fundraising

purposes in accordance with the provisions of subsection (b).

(b) Notwithstanding any provision of this title or rule, regulation or proclamation of the

agency or commission to the contrary, fish and wildlife that are lawfully taken or

acquired and donated to an organization that has received a determination of

exemption from the internal revenue service pursuant to 26 U.S.C. § 501 (c)(3) may be

sold by such organization to raise funds if the following conditions are met:

(1) The organization distributes at least ninety percent (90%) of the funds raised to

other organizations that have received a determination of exemption from the

internal revenue service pursuant to 26 U.S.C. § 501;

(2) The organization maintains records for three (3) years of the source of such

donations, and such records are made available for inspection upon request of the

wildlife resources agency; and

(3) The organization notifies the wildlife resources agency thirty (30) days in advance

of any such sale.

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§ 70-4-130 Albino deer

(a) Except as provided in § 70-4-115, it is unlawful for any person to knowingly hunt, kill,

trap, ensnare, or destroy, or to attempt to destroy, or to have in such person's

possession albino deer, which is a deer with a lack or significant deficiency of pigment

in the skin and hair and with pink eyes.

(b) Any violations of the proclamations or rules and regulations promulgated by the fish

and wildlife resources commission are punishable as provided in this title, and the

illegal taking or possession of each animal constitutes a separate offense.

§ 70-4-131 Possession of fish or wildlife illegally acquired, taken or transported

from state or country of origin

(a) It is an offense for any person to possess any fish or wildlife that has been defined as

fish or wildlife by the state or country of origin knowing that the fish or wildlife was

acquired, taken, or transported from the state or country of origin in violation of the

laws or regulations of that state or country.

(b) A violation of subsection (a) is a Class A misdemeanor.

§ 70-4-132 Walleye and crappie in restaurants

Notwithstanding any law, rule or regulation to the contrary, a restaurant located in this

state may advertise, possess, sell, offer for sale or give away fully cooked crappie or

walleye for consumption on the premises of the restaurant; provided, that the crappie or

walleye is not harvested from the waters of this state and that appropriate

documentation is maintained on the premises of the restaurant exhibiting the location of

origin of the crappie and walleye.

§ 70-4-133 Wild-appearing swine

(a) It is the intent of this section to address the illegal translocation and release of wild-

appearing swine. These animals have been shown to be destructive to native habitats,

agricultural lands and private property and are carriers for a myriad of diseases that

affect humans, livestock and wildlife.

(b) It is not the intent of this section to impede the legal transportation of swine that are

regulated by the department of agriculture.

feet to three feet (2' - 3') tall and three and one half feet to five feet (3 1/2' - 5') long

and, at maturity, have the following physical features in comparison to domestic swine:

(1) Massive heads with smaller, pointed and heavily-furred ears;\

(2) Heavier shoulders that slope down to small hips, giving the animal an outline

similar to an American bison;

(3) Long and thin snouts;

(4) Upper tusks or whitters that curl up and out and rub against the lower tusks, making

a knifelike edge against the lower tusks; and

(5) Straight tails that are tufted at the tip.

(d) It is an offense for any person to knowingly transport or release into the wild, or cause

to be transported into or within the state, live wild-appearing swine that do not have

documentation approved by the department of agriculture.

(e) Notwithstanding § 70-6-101, any stop, search or arrest pursuant to this section by an

officer of the agency shall be predicated upon reasonable suspicion that a violation of

this section has occurred.

(f) A violation of subsection (d) is a Class A misdemeanor. Each undocumented wild-

appearing swine illegally transported or released in violation of subsection (d) is a

separate offense.

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§ 70-4-134 Availability of self-defense to person charged with taking, attempting

to take, or harming wild animal

(a) As used in this section:

(1) "Enter" means the intrusion of any part of the body of a wild animal into the interior

space of a structure;

(2) "Serious bodily injury" means bodily injury that involves:

(A) A substantial risk of death;

(B) Protracted unconsciousness;

(D) Protracted or obvious disfigurement; or

(E) Protracted loss or substantial impairment of a function of a bodily member,

organ, or mental faculty; and

(3) "Wild animal" means all wild vertebrates, mollusks, crustaceans, and fish presently

occurring within the state.

(b) A person who is charged with taking, attempting to take, or harming a wild animal in

violation of this title may assert the defense of self-defense if the wild animal taken,

attempted to be taken, or harmed acted in a manner that caused:

(1) The person to have a reasonable belief that the animal's action placed the person

in imminent danger of death or serious bodily injury;

(2) The person to believe the danger creating the threat of imminent death or serious

bodily injury is real, or is honestly believed to be real at the time; and

(3) The belief of danger to be founded upon reasonable grounds.

(c)

(1)

(A) A person shall notify the agency within twenty-four (24) hours after killing or

seriously injuring a big game animal pursuant to this section if the person is

reasonably able to notify the agency.

(B) No big game animal killed shall be removed from the site, repositioned,

retained, sold, or transferred without authorization from the agency.

(2) A violation of subdivision (c)(1) is a Class C misdemeanor.

(d) The defense of self-defense shall not be available to a person who takes, attempts to

take, or harms a wild animal if the person:

(1) Has the ability to safely retreat from the threatening animal and fails to do so,

except when the animal enters a home, tent, camper, or other permanent or

temporary living structure occupied at the time by the person or any other

individual; or

(2) Recklessly provokes or attracts the wild animal into a situation in which it is

reasonable to expect the wild animal will threaten the person or another individual.

§ 70-4-201 Possession of or traffic in protected wildlife illegal – exception; penalty

(a) It is unlawful for any person, firm or corporation, any restaurant, club, or hotel in this

state to barter, sell, transfer or offer for sale, or to purchase, or offer to purchase, any

of the wildlife except as provided within this title or in rules and regulations

promulgated by the commission.

(b) Each unlawful sale, purchase, offer for sale or purchase, transfer, or possession with

the intent to sell, barter or transfer for any consideration of a wild animal or wild bird,

wild fowl or game fish, or part thereof, is a separate offense.

to be buying the wildlife and is subject to the penalties of this title. Officers of the

wildlife resources agency or persons specially employed or designated by the

executive director or by the United States fish and wildlife service may capture, buy,

sell, or offer to capture, buy or sell wild birds or wild animals, or parts thereof, for the

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sole purpose of obtaining evidence of violation of this title. The carcass of a lawful

possession limit of opossum, raccoon or beaver may be bought, sold or shipped for

sale during the open hunting or trapping season.

(d) A violation of this section is a Class A misdemeanor; except that any violation of this

section involving wildlife valued at five hundred ($500) dollars or more is a Class E

felony.

§ 70-4-202 Use or possession of wildlife, hides or parts thereof illegally taken

unlawful

Any person who makes any use of or has in possession any wild animals, wild animals'

green hides, wild birds, wild fowl or fish or parts thereof that have been caught, taken,

killed or destroyed contrary to any of this title shall be equally liable under this title for

the penalties imposed against the person who caught, took, killed, or destroyed such

wild animals, wild animals' green hides, wild birds, wild fowl or fish who was formerly in

possession of same.

§ 70-4-203 Transportation of protected game or fish out of the state -- duty of

transporters; penalties

(a) Any person who desires to take protected game or fish out of the state may do so

under the following conditions, but not otherwise:

(1) Such person must have in possession at the time of such taking out of the state, or

at the time of transporting within the state, a hunting and fishing license, duly issued

to such person under this title; and

(2) Such person cannot take from the state more than two (2) days' bag or creel limit on

ducks or other migratory birds or protected game or fish.

(b) Any officer of the wildlife resources agency, or assistant officer of the wildlife resources

agency, sheriff, deputy sheriff, constable or other officer has the right to demand of

any person possessing game and proposing to take it out of the state an inspection of

such person's license. A refusal on the part of the person to exhibit the license is a

Class C misdemeanor.

common carrier a written statement with name and address, the number of such

person's hunting license, and the number of game or fish to be so transported, and

that the game or fish was legally killed by such person and is not for sale. A copy of

the statement shall be attached to such person's game, or to whatever the game may

be enclosed in.

(d) It is unlawful for any person, company or common carrier to ship or transport any

birds, game fish or animals as mentioned in this section, except as otherwise provided

in this title, without having ascertained that the person offering the same for shipment

was then and there in possession of a hunting and fishing license duly issued and

covering the period when the shipment was offered, and without requiring such person

to accompany the shipment.

(e) A violation of this section is a Class C misdemeanor.

§ 70-4-204 Cold storage of wildlife -- Penalty for violations

(a)

(1) No person, firm or corporation shall place in cold storage at any one (1) time more

than two days' bag or creel limit of any wild animals, wild birds, wild fowl, or game

fish.

(2) No person shall place in commercial cold storage any wild animals, wild birds, wild

fowl, or game fish without first filling out and filing with the storage company an

affidavit stating that the same has been lawfully killed or caught and is stored for

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the affiant's own use and benefit and not for sale. No person, firm or corporation

engaged in the business of cold storage shall receive any wild animals, wild birds,

wild fowl or game fish, unless such affidavit has been made by the person storing

and delivering to the storage concern. The storage concern shall post the affidavit

upon a book kept for this purpose, which book shall be open at all times to the

executive director or officers of the wildlife resources agency.

(b) A violation of this section is a Class C misdemeanor. Each wild bird, wild animal, or

wild fowl or game fish stored in violation of this section is a separate offense.

§ 70-4-205 Use of state-controlled water areas and land bordering thereon

(a)

(1) In those places where any state agency or unit of state government owns in fee

simple or controls through lease agreement water areas and the lands bordering

such waters, it is illegal for individuals, persons, firms, corporations, or partnerships

to place houses, docks, floats on, or to use as a landing area for boats, or to use

for any purpose whatsoever, state-owned or controlled lands or waters, unless

such rights and privileges are held by a signed, written agreement, for which a fee

may be charged.

(2) Where the lands are privately owned and the lake waters state owned or

controlled, it is illegal to set up boat docks, fish docks, floats, or in any way use or

attempt to use the state-owned waters for these purposes.

(b) Each twenty-four-hour period during which a violation of this section persists or exists

is a separate offense and is punishable as such.

§ 70-4-206 Pollution of waters -- Penalty for violations – Nuisance

(a) No pollution, including, but not limited to, dye waste, petroleum products, brine waste,

refuse from a mine, sawmill or construction activity, industrial or domestic sewage, or

any deleterious or poisonous substance or activity, shall be thrown or be caused, or

allowed to run into, wash into or take place in any waters, either private or public, in a

manner injurious to fish life or other aquatic organisms, or that could be injurious to the

propagation of fish, or that results in the destruction of habitat for fish and aquatic life.

(b) A violation of this section is a Class A misdemeanor. Each day's violation of this

section constitutes a separate offense and each five days' continuous violation also

constitutes a public nuisance, subject to abatement by permanent injunction.

§ 70-4-207 Defacing and destroying notice of commission or agency -- penalty

(a) It is unlawful for any person to deface, obliterate, tear down or destroy, in whole or in

part, or attempt to deface, obliterate, tear down, or destroy any notice, proclamation or

sign posted by the wildlife resources commission or the fish and wildlife resources

agency.

(b) A violation of this section is a Class C misdemeanor.

§ 70-4-208 Unlawful importation of skunks -- penalty

(a) It is unlawful for any person to import, possess, or cause to be imported into this state

any type of live skunk, or to sell, barter, exchange or otherwise transfer any live skunk,

except that the prohibitions of this section shall not apply to bona fide zoological parks

and research institutions.

(b) Notwithstanding subsection (a), a person who possesses a valid wildlife rehabilitation

permit issued by the agency may receive skunks from the wild for the purposes of

rehabilitation and release only.

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§ 70-4-209 Purchase or sale of red fox hides, furs or pelts

(a)

(1) It is unlawful to buy or sell green hides, raw furs or pelts of a red fox, except as

provided in subsection (b) or in counties open to the lawful taking of red fox.

(2) A violation of this subsection (a) is a Class C misdemeanor.

(b) When a red fox is legally killed, it is lawful to buy or sell green hides, raw furs or pelts

of such red fox at any time in counties with the following population according to the

1970 federal census or any subsequent federal census (see statute for chart)

§ 70-4-210 Deer hides; Squirrel pelts and tails.

Notwithstanding any provision of law to the contrary, it is lawful for any person to buy,

sell, store, or ship for sale, at any time the hides of deer and the pelts and tails of grey

squirrels and fox squirrels taken during the open season.

§ 70-4-211 Nets and other fishing equipment near mouth of watercourse --

penalty

(a) It is unlawful for any person, while fishing, to use any nets, seines, snag lines, drag

lines, grab hooks, or baskets, or any other form of fishing equipment, or other

obstruction of any character to the free passage of fish within one hundred (100) yards

of the mouth of any river, creek, slough, inlet or outlet, except bait or casting plugs with

not more than three (3) treble hooks attached, ordinary fly fishing equipment, and pole

and line with not more than three (3) single hooks attached.

(b) For the purposes of this section, "mouth of a stream" means the location of a line

resulting from the projection or extension of the banks of the main stream that receives

the tributary, except in the case of streams entering waters impounded by

hydroelectric or flood control dams, in which case the mouth of the entering stream is

defined as the line where the free, downstream movement of natural water is visibly

reduced or retarded by the level of the impounded waters in the main stream.

§ 70-4-301 Hunter Protection Act – part definitions

As used in this part, unless the context otherwise requires:

(1) “Drone” means a drone as defined in § 39-13-609;

(2) “Taking” means the capture or killing of a wild animal and includes travel, camping,

and other acts preparatory to taking that occur on lands or waters upon which the

affected person has the right or privilege to take such wild animal; and

(3) “Wild animal” means any wild creature, the taking of which is authorized by the fish and

game laws of the state.

§ 70-4-302 Hunter Protection Act – violations; penalty

(a) Any person who performs any of the following commits a Class C misdemeanor:

(1) Interferes with the lawful taking of a wild animal by another with intent to prevent

the taking;

(2) Disturbs or engages in an activity that will tend to disturb wild animals, with intent to

prevent their lawful taking;

(3) Disturbs another person who is engaged in the lawful taking of a wild animal or

who is engaged in the process of taking, with intent to dissuade or otherwise

prevent the taking;

(4) Enters or remains upon public lands, or upon private lands without permission of

the owner or the owner's agent, with intent to violate this section;

(5) Fails to obey the order of a peace officer to desist from conduct in violation of this

section if the officer observes such conduct, or has reasonable grounds to believe

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that the person has engaged in such conduct that day or that the person plans or

intends to engage in such conduct that day on a specific premises; or

(6) Uses a drone with the intent to conduct video surveillance of private citizens who

are lawfully hunting or fishing without obtaining the written consent of the persons

being surveilled prior to conducting the surveillance.

(b) As used in subsection (a), "any person" means any individual, firm, association,

company, partnership, corporation, public or private organization, institution or similar

entity.

§ 70-4-303 Hunter Protection Act -- injunctions -- damages -- construction

(a) Any court may enjoin conduct that would be in violation of § 70-4-302 upon petition by

a person affected or who reasonably may be affected by such conduct, upon a

showing that such conduct is threatened or that it has occurred on a particular

premises in the past and that it is not unreasonable to expect that under similar

circumstances it will be repeated.

(b) A court may award damages to any person adversely affected by a violation of § 70-

4-302, which may include an award for punitive damages. In addition to other items of

special damage, the measure of damages may include expenditures of the affected

person for license and permit fees, travel, guides, special equipment and supplies, to

the extent that such expenditures were rendered futile by prevention of the taking of a

wild animal.

landowner, tenant, or employee of a landowner from engaging in normal activities on

or normal use of the land or property, and such activities or use shall not be deemed

unlawful pursuant to any provision of this part. No provision of this part shall be

construed so as to interfere with the right of the landowner to prohibit trespass upon

the landowner's property by any person.

§ 70-4-401 Exotic Animals – prohibited acts

(a) It is unlawful for any person to possess, transport, import, export, buy, sell, barter,

propagate or transfer any wildlife, whether indigenous to this state or not, except as

provided by this part and rules and regulations promulgated by the Tennessee fish and

wildlife commission pursuant to this part.

(b) No person shall possess Class I or Class II wildlife without having documentary

evidence showing the name and address of the supplier of such wildlife and date of

acquisition.

§ 70-4-402 Exotic Animals – part definitions

As used in this part, unless the context otherwise requires:

(1) "Agency" means the Tennessee wildlife resources agency;

(2) "Cage" means the primary enclosure in which an animal is held;

(3) "Circus" means a public entertainment consisting typically of a variety of performances

by acrobats, clowns, and trained animals, but does not include wrestling bears or any

type of show in which there is direct contact between the public and a Class I animal,

except as otherwise provided for in this part;

(4) "Commercial propagator" means any person or entity that may sell, barter, trade,

propagate or transfer Class I wildlife, excluding transfers to other commercial

propagators located within the boundaries of Tennessee, and that meets all other

applicable license, permit, zoning and other requirements necessary to conduct

business in the city, county and state where located;

(5) "Commission" means the Tennessee fish and wildlife resources commission;

(6) "Mobile facility" means a facility designed for the transporting of animals or for the

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holding of animals on a temporary basis;

(7) "Native wildlife" means those species presently occurring in the wild in Tennessee and

those extirpated species that could reasonably be expected to survive in the wild if

reintroduced;

(8) "Perimeter fence" means a secondary fence that prevents the public from touching the

cage in which the animal is held;

(9) "Permanent exhibitors" means those exhibits that are housed the entire year in

facilities located within this state;

(10) "Personal possession permit" means a noncommercial type permit issued to private

citizens for ownership or possession of nonbreeding animals in small numbers;

(11) "Stationary facility" means the primary holding facility, including cage and barriers that

remain in a fixed location; and

(12) "Temporary exhibitors" means those transient animal acts not permanently located

within the boundaries of this state.

§ 70-4-403 Classifications of wildlife

(a) Live wildlife, kept and maintained for any purpose, shall be classified in the following

five (5) classes:

(1) Class I — This class includes all species inherently dangerous to humans. These

species may only be possessed by zoos, circuses and commercial propagators,

except as otherwise provided in this part. The commission, in conjunction with the

commissioner of agriculture, may add or delete species from the list of Class I

wildlife by promulgating rules and regulations. The following is a listing of animals

considered inherently dangerous:

(A) Mammals:

(i) Primates — Gorillas, orangutans, chimpanzees, gibbons, siamangs,

mandrills, drills, baboons, Gelada baboons;

(ii) Carnivores:

(a) Wolves — All species;

(b) Bears — All species; and

(iii) Order Proboscidia: Elephants — All species;

(iv) Order Perissodactyla: Rhinoceroses — All species; and

(v) Order Artiodactyla: Hippopotamus, African buffalo;

(B) Reptiles:

(i) Order Crocodylia: Crocodiles and alligators — All species; and

(ii) Order Serpentes: Snakes — All poisonous species; and

(2) Class II — This class includes native species, except those listed in other classes;

(3) Class III — This class requires no permits except those required by the department

of agriculture, and includes all species not listed in other classes and includes, but

is not limited to, those listed in subdivisions (3)(A)-(Q). The commission, in

conjunction with the commissioner of agriculture, may add or delete species from

the list of Class III wildlife by promulgating rules and regulations:

(A) Nonpoisonous reptiles and amphibians except caimans and gavials;

(B) Rodents — Gerbils, hamsters, guinea pigs, rats, mice, squirrels and

chipmunks;

(D) Ferrets and chinchillas;

(E) Llamas, alpacas, guanacos, vicunas, camels, giraffes and bison;

(F) Avian species not otherwise listed, excluding North American game birds,

ostriches and cassowary;

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(G) Semi-domestic hogs, sheep and goats;

(H) All fish held in aquaria;

(I) Bovidae not otherwise listed;

(J) Marsupials;

(K) Common domestic farm animals;

(L) Equidae;

(M) Primates not otherwise listed;

(N) Bobcat/domestic cat hybrids;

(O) Hybrids resulting from a cross between a Class II species and a domestic

animal or Class III species;

(P) Cervidae except white-tailed deer and wild elk. Elk originating from a legal

source while held in captivity for the purpose of farming shall be regarded as

Class III wildlife. All other elk shall be wild elk and shall be regarded as Class II

wildlife. No person shall possess elk in captivity within the eastern grand

division of the state as defined in § 4-1-202 without having documentary

evidence indicating the origin of the elk being held. This documentary evidence

will be presented to the agents of the department of agriculture or the wildlife

resource agency upon request. Sale documentation of offspring of purchased

elk is not required; and

(Q) Furbearing mammals, including those native to Tennessee, raised solely for

the sale of fur;

(4) Class IV — This class includes those native species that may be possessed only

by zoos and temporary exhibitors; provided, that rehabilitation facilities may

possess Class IV wildlife as provided by rules established by the commission if

authorized by a letter from the director of the agency:

(A) Black bear (Ursus americanus);

(B) White-tailed deer (Odocoileus virginianus);

(D) Hybrids of a Class IV species other than bobcat shall be Class IV; and

(E) Animals that are morphologically indistinguishable from native Class IV wildlife

shall be Class IV; and

(5) Class V — This class includes such species that the commission, in conjunction

with the commissioner of agriculture, may designate by rules and regulations as

injurious to the environment. Species so designated may only be held in zoos

under such conditions as to prevent the release or escape of such wildlife into the

environment.

§ 70-4-404 Permits – fees

(a) The agency shall issue permits for possessing live wildlife as defined in this part.

(b)

(1) The commission shall adopt reasonable rules for issuing permits to possess live

wildlife and establishing the conditions of possessing wildlife. The conditions shall

be directed toward assuring the health, welfare, and safety of animals, the public

and, where necessary, the security of facilities in which the animals are kept.

(2) The executive director of the agency may authorize by letter permission to possess

any class of wildlife for approved research studies or for the temporary holding of

animals in the interest of public safety. The executive director may exempt specific

events from the caging and handling requirements established for Class I wildlife.

Approval of an exemption will be based on a written request that outlines safety

precautions that must be implemented during the specified activity.

(1) Persons legally possessing Class I wildlife prior to June 25, 1991, shall obtain

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annually a personal possession permit to keep such Class I wildlife. To obtain a

personal possession permit, such persons shall comply with all of this part. After

June 25, 1991, no new animals shall be brought into possession under authority of

a personal possession permit. Persons in legal possession of one (1) or more

species of Class I wildlife as of June 25, 1991, may maintain the lineage of such

species up to a maximum of three (3) animals per species. Persons in legal

possession of the offspring of such Class I wildlife shall have a maximum of twelve

(12) months from the date of birth of such offspring to obtain appropriate permits

for such offspring, or to dispose of such offspring through an appropriate

commercial propagator, or by any other manner permitted by law within the state.

This section applies solely to persons in legal possession of Class I wildlife as of

June 25, 1991, and shall not be construed to authorize new personal possession of

Class I wildlife.

(2) The executive director shall issue a permit upon a satisfactory showing of

qualifications to possess live wildlife under the following conditions:

(A) The applicant must be at least twenty-one (21) years of age;

(B) The applicant must have at least two (2) years of experience in the handling or

care of the Class I species for which the applicant is applying, or, in the

alternative, must take a written examination, developed and administered by the

agency, evidencing basic knowledge of the habits and requirements, in regard

to proper diet, health care, exercise needs and housing of the species to be

covered by the permit. Experience gained while in violation of this part shall not

be considered qualifying experience;

which the permit holder resides or shall have a full-time resident caretaker to

supervise the care and security of the facilities. Facilities for Class I animals

may not be on premises of less than one (1) acre for a personal possession

permit and three (3) acres for a commercial propagator facility permit, and may

not be located in a multi-unit dwelling or trailer park; and

(D) The applicant must have a plan for the quick and safe recapture of the wildlife,

or if recapture is impossible, for the destruction of any animal held under the

permit. The applicant must have the legal authority to possess weapons or

other equipment necessary to carry out the plan and, in fact, possess such

weapons or other equipment.

(3) The permittee shall control and maintain Class I wildlife at all times in such a

manner as to prevent direct exposure or contact between the animal or animals

and the public; provided, that a trained elephant may be brought into contact with

the public under the close supervision of a qualified trainer or handler.

(d) No person shall hold live wildlife in captivity without first obtaining the appropriate

permit as provided in this part. The annual permits and fees for holding live wildlife are

as follows:

(1) Personal Possession.

(A) Class I: $150/animal or $1,000/facility; and

(B) Class II: $10.00/animal or $100/facility;

(2) Transfer of Ownership. A permit for transferring any Class I or II animal held under

a personal possession permit. If the transfer of the animal is ordered by the

agency, no transfer permit is required;

(3) Commercial Propagator. $1,000/facility for Class I wildlife;

(4) Propagator. $25.00/facility for small game birds and waterfowl; and $100/facility for

all Class II wildlife except small game birds and waterfowl;

(5) Importation. $10.00/shipment or $100 per year;

(6) Temporary Exhibitor. $100/30 day period;

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(7) Permanent Exhibitor. $500/year/facility;

(8) Commercial Wildlife Preserve. $150/year for big game; and $75.00/year for small

game;

(9) Falconry. $40.00/year or other time period as might coincide with federal permit

requirements;

(10) Qualification Examination. $10.00/examination; and

(11) Zoos, Nature Centers, Rehabilitation Centers, and Educational Exhibits Certified

As Nonprofit. No charge.

§ 70-4-405 Housing and transportation of wildlife – requirements

(a) Wildlife housed in dangerously unsafe conditions constituting a threat to human safety

shall, at the direction of agency personnel, be placed in agency approved facilities at

the owner's expense.

(b) Any condition that results in wildlife escaping from its enclosure, cage, leash or other

constraint shall be considered maintaining wildlife in an unsafe manner and shall be a

violation of this part.

from injury.

(d) No person shall maintain any wildlife in captivity in any unsanitary or unsafe condition

or in a manner that results in the maltreatment or neglect of such wildlife, nor shall any

species of wildlife be confined in any cage or enclosure that does not meet the cage

specifications.

(e) Enclosure in which wildlife is held in captivity shall be maintained as follows:

(1) Water. Drinking water shall be provided daily in clean containers. Swimming or

wading pools shall be cleaned as needed to ensure good water quality. Enclosures

shall provide adequate drainage of surface water;

(2) Food. Food provided shall be unspoiled and not contaminated; and

(3) Waste. Fecal and food waste shall be removed from cages daily and stored or

disposed of in a manner that prevents noxious odors or insect pests. Hard floors

shall be scrubbed and disinfected weekly. Large pens and paddocks with dirt floors

shall be raked every three (3) days and the waste removed.

(f) The commission may promulgate rules and regulations requiring specific cage

requirements for any species of live wildlife.

(g) Stationary facilities — Class I wildlife.

(1) All stationary facilities must be surrounded by a perimeter fence, or secondary

barrier, of at least eight feet (8′) in height and a minimum of four feet (4′) from the

cage holding the animal, or such other fencing, building or other protection of the

enclosure where the animal is kept sufficient to prevent unauthorized public entry

or direct physical contact between the animal and the public.

(2) All cages shall be well braced and securely fastened to the floor or in the ground

and shall utilize metal clamps or braces of equivalent strength as that prescribed

for cage construction.

(3) All cage entrances shall have double safety doors, one (1) of which only opens to

the inside. These doors must remain locked at all times when unattended with

chains and locks of sufficient strength to prevent the animal from breaking open the

door if highly excited.

(4) All cages shall be constructed with a den, nest box or other connected housing unit

that can be closed off and locked with the animal inside for the safe servicing and

cleaning of the open area. In lieu of a nest box, a divided cage with a door between

the two (2) compartments may be used.

(5) All outdoor cages shall provide adequate shelter from inclement weather

conditions, shade from the sun and provide for the protection and health of the

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wildlife held.

(6) The mesh size or distance between bars shall be sufficiently small to prevent the

escape of the animal being held.

(7) Restraint by tethering cannot be used as a means to hold an inherently dangerous

animal in captivity, except for elephants within a perimeter fence or trained

elephants under the immediate supervision of a qualified trainer or handler.

(8) All animals shall be kept in cages that meet the following minimum criteria, or shall

be housed in buildings in which the strength of the walls, and the restraints affixed

to all windows, doors and other means of entry or exit in effect meet such minimum

criteria:

(A) Felidae and Ursidae.

(i) All cages shall be constructed of and covered at the top with nine (9) gauge

steel chain link or equivalent, with tension bars and metal clamps to prevent

the escape of the animal; provided, that animals, except tigers, leopards and

jaguars, may be held in facilities without a top where the sides of the cages

are a minimum of eleven feet (11′) high with the top three feet (3′) of fencing

turned in at a forty-five degree (45°) angle. No structures that could provide

potential escape routes may be present near the fence of an open top cage;

(ii) All cages for cougars and cheetahs shall be constructed as specified in

subdivision (g)(8)(A)(i) except that minimum strength shall be of eleven and

one-half (11½) gauge steel chain link or equivalent;

(B) Canidae. All cages shall be constructed of and be covered at the top with

eleven and one-half (11½) gauge steel chain link or equivalent, with tension

bars and metal clamps to prevent the escape of the animal; provided, that

animals may be held in facilities without a top where the sides of the cage are a

minimum of nine feet (9′) high with the top three feet (3′) of fencing turned in at

a forty-five degree (45°) angle;

(i) Construction materials shall consist of steel bars, masonry block or

equivalent. If masonry block construction is used, the holes in the blocks

must be filled with steel reinforced concrete to provide sufficient strength;

(ii) Restraints consisting of a barrier system of moats or other structures as are

commonly accepted as suitable to restrain and contain these animals in

paddocks or corrals may be used in lieu of a cage;

(D) Poisonous animals. Poisonous animals shall be kept in a cage or in a glass

enclosure sufficiently strong, and, in the case of a cage, of small enough mesh

to prevent the animals' escape. The cage or glass enclosure must be kept

inside an outer cage, or glass enclosures must be kept locked at all times. No

person except the permittee or such person's authorized employee shall open

any cage or other container that contains poisonous animals. Persons keeping

poisonous animals shall have in their possession antivenin for each species

possessed;

(E) Chimpanzees, gorillas, orangutans. Cage construction materials shall consist of

steel bars, two inch (2″) galvanized pipe, reinforced masonry block or their

strength equivalent;

(F) Drills, mandrills, baboons, Gelada baboons, gibbons, siamangs. Cage

construction materials shall consist of not less than nine (9) gauge steel chain

link or equivalent; and

(G) Alligators and crocodiles. Cages shall consist of fencing at least five feet (5′) in

height of not less than eleven and one-half (11 ½) gauge chain link or

equivalent.

(9) A facility that meets the requirements to be a zoological institution may use

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methods approved by the American Association of Zoological Parks and

Aquariums for the purposes of restraint, containment and the prevention of escape

and public contact for Class I animals, instead of the requirements listed in the

preceding subdivisions.

(h) Mobile facilities. No mobile facility shall be used in transporting any wildlife except as

follows:

(1) Facilities shall be equipped to provide fresh air without injurious drafts and

adequate protection from the elements to all animals;

(2) The animal traveling area shall be free of engine exhaust fumes;

(3) Animal cages shall have openings for the emergency removal of wildlife;

(4) Cages shall be large enough to ensure that each specimen has sufficient room to

stand erect and lie naturally;

(5) Wildlife transported in the same cage area shall be in compatible groups;

(6) Facilities used in transporting or temporarily exhibiting Class I wildlife shall be

constructed of steel or case hardened aluminum of sufficient strength to prevent

the escape of wildlife being transported. Such facilities shall be constructed in such

a manner to prevent contact between the animal or animals and the general public.

All doors shall be locked when the facility is in use;

(7) Poisonous reptiles shall only be transported in a strong, closely woven cloth sack,

tied or otherwise secured. This sack shall then be placed in a box. The box shall be

of strong material in solid sheets, except for small air holes, which shall be

screened. Boxes containing poisonous reptiles shall be locked and prominently

labeled “Danger — Poisonous Snakes” or “Danger — Poisonous Reptiles,” and

shall include the owner's name, address, telephone number and list of number and

species being transported;

(8) Temporary exhibits shall be housed in cages that meet the minimum cage

specifications as provided in the section on stationary facilities when such wildlife is

present in any geographical location for more than ten (10) days; and

(9) Prior to entering this state, temporary exhibitors shall submit a schedule that details

the exact locations and dates of shows and places where such wildlife will be

exhibited while in the state. Failure to provide such a schedule upon application for

a permit shall be grounds to deny issuance of such permit.

§ 70-4-406 Liability for escape; limitation of state's liability

(a) Any person who keeps Class I wildlife is liable for any costs incurred by any person,

city, county or state agency resulting from the escape from captivity of the animal or

animals.

(b) Neither the state of Tennessee nor any agency, employee or agent of the state of

Tennessee is liable for any animal that expires, is injured or is destroyed. Neither the

state of Tennessee nor any agency, employee or agent of the state of Tennessee is

liable for any damage or injury caused by live wildlife under a permit issued pursuant

to this part.

§ 70-4-407 Transfer of Class I wildlife -- notification

(a) Prior to the transfer of any Class I wildlife to a new owner, the prospective owner must

provide the seller with proper documentation of an approved holding facility for that

species. Proper documentation consists of a copy of a current permit for that species

or a letter from the Tennessee wildlife resources agency stating that the facilities have

been inspected and are approved. Any transfer without approved holding facilities is a

violation of this part by the seller, who shall provide housing for the animal at such

seller's cost until the transferee can provide approved facilities or until final court

actions are concluded. If the seller does not provide housing, such seller shall be liable

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for costs incurred by the agency for providing such housing.

(b) Permittees must notify the agency of any transfer of Class I wildlife within five (5) days

of the transfer on forms provided by the agency.

§ 70-4-408 Owners of unpermitted wildlife -- disposition of such wildlife

Owners of unpermitted wildlife who do not qualify for a permit to possess such wildlife

shall dispose of such wildlife to an approved recipient within thirty (30) days of

notification by the agency. Each day of possession of unpermitted wildlife after such

thirty day period constitutes a separate violation.

§ 70-4-409 Inspections

(a) Any person possessing live wildlife in Class I or Class II shall, during normal business

hours and at all reasonable times, and without the necessity of a search warrant, allow

the executive director or any officer or employee of the agency to inspect all animals,

facilities and records relating to such animals for the purpose of ensuring compliance

with this part.

(b)

(1) Notwithstanding subsection (a) to the contrary, in Roane County the executive

director or any officer or employee of the agency may be accompanied on such

inspections of animals, facilities and records relating to such animals by the mayor

or the county mayor’s designee from the office of the county sheriff or the county

office of emergency management.

(2) The commission is authorized to promulgate rules and regulations to effectuate the

purposes of subsection (b). All such rules and regulations shall be promulgated in

accordance with the Uniform Administrative Procedures Act, compiled in title 4,

chapter 5.

§ 70-4-410 Propagation of Class I or Class II wildlife – permit required

(a) Before any person may engage in the business of propagating or otherwise obtaining

Class I or Class II wildlife for sale, barter or trade, whether indigenous to this state or

not, such person must obtain and possess a permit for each propagating location.

(b) Any nonresident who enters the state for the purpose of selling Class I or Class II

wildlife species in this state shall also be required to purchase and possess a permit.

and the Code of Federal Regulations relating to exotic animals, their care,

propagation, importation and sale.

(d) Artificially propagated wildlife may be propagated, sold, possessed, released or

exported in accordance with the rules and regulations prescribed by the commission

and, in the case of migratory birds, the regulations prescribed by the federal

government.

(e) Only commercial propagators may qualify for a permit to propagate Class I wildlife and

may transfer Class I wildlife only to persons or entities approved to possess Class I

wildlife. First time commercial propagators shall have one (1) permit year to meet the

criteria as defined in § 70-4-402(4). Renewal of a commercial propagator permit is

conditional on the permittee having met the definition of a commercial propagator

during the prior permit year.

§ 70-4-411 Importation of wildlife – permits; papers

(a) All persons wishing to possess Classes I and II live wildlife obtained outside this state

shall have in their possession the importation permit required by this part. The permit

and all bills of lading and shipping papers relating to any wildlife that such person may

have in such person's possession shall be open and available for inspection at all

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reasonable times by authorized agency officers and employees for the purpose of

ensuring compliance with this part.

(b) Animals brought into this state under the authority of an annual importation permit

must be reported to the agency within five (5) days of the date of importation.

Class III, except no permit is required for zoos and temporary exhibitors.

§ 70-4-412 Release of wildlife

It is unlawful to release any class of wildlife in Tennessee except in accordance with the

rules and regulations promulgated by the commission.

§ 70-4-413 Private wildlife preserves -- hunting

(a) It is unlawful for any person to operate a private wildlife preserve for the purpose of

propagating or hunting, or both, any class of wildlife reared in captivity unless that

person obtains the appropriate permit and operates such private wildlife preserve in

accordance with the rules and regulations promulgated by the commission.

(b) It is lawful to hunt approved species of pen-reared and farm-reared animals on such

preserve.

hunting license.

§ 70-4-414 Raptors -- falconry permit

(a) Before any person may take, transport or possess raptors for the purpose of falconry,

such person shall first obtain a falconry permit in accordance with the rules and

regulations promulgated by the commission. This permit is supplemental to all other

permits and licenses required for hunting as provided in this title, except that a holder

of a falconry license may import and possess raptors legally obtained without the

necessity of an importation permit.

(b) Rules and regulations promulgated by the commission shall govern the taking,

importation, possession and use of raptors, and shall require applicants for such

permit to satisfactorily pass a written examination attesting to their qualification to

possess and use falcons. The rules and regulations may provide for a waiver of the

examination if the applicant has satisfactorily passed an examination in any other state

that the commission deems comparable to the Tennessee examination. The rules and

regulations shall not be less restrictive than federal regulations governing taking,

transporting, possessing and using raptors for the purpose of falconry.

§ 70-4-415 Authority of officers of agency – violations; penalties; forfeitures

(a) Any officer of the agency, upon finding a violation of this part, of the terms of the permit

or rules and regulations promulgated pursuant to this part, may, as appropriate:

(1) Exercise such officer's arrest authority or, in lieu of exercising the arrest authority,

issue a finding of a violation, along with a warning to remedy the violation by a

specified date. Each day's continuation after such date constitutes a separate

violation;

(2) Give three days' written notice of seizure to the alleged offender, and make

application to a court of proper jurisdiction for an order to seize any items or wildlife

held, used or transported in violation of the provisions of this part, the permit or

rules or regulations promulgated pursuant to this part; provided, that if such officer

determines that the public health, safety or welfare imperatively requires

emergency action, the notice requirement shall be suspended and such officer may

make immediate application to the court for seizure; and provided further, that if the

emergency is such that the wildlife presents a present or imminent life-threatening

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situation or is likely to do so under the circumstances, then such officer or any

member of the agency who may be present and assisting the officer may destroy

such wildlife; and

(3) Take any other reasonable and appropriate actions otherwise provided by law,

including, but not limited to, the action provided for under § 70-4-405(a).

(b) Any person violating any provision of this part, including a failure to remedy under

subdivision (a)(1), or who violated the terms of any permit or rules and regulations

promulgated pursuant to this part, commits a Class A misdemeanor; provided, that in

the discretion of the court, and in lieu of or in addition to a fine or a jail sentence, or

both, the person's permit may be revoked, and such person shall be precluded from

applying for or obtaining a permit under this part for a period not to exceed three (3)

years.

the items seized pursuant to subdivision (a)(2) shall be ordered forfeited to the state.

(d) When any item or wildlife is forfeited, the court shall enter an order accordingly and the

contraband property shall be sold at public sale by the commissioner of general

services or as otherwise provided by rules and regulations, or donated to a worthy

recipient. However, upon request of the agency at the trial of the matter, the court, as

a part of its order, may direct that specific items or wildlife, which the court has ordered

forfeited, be awarded to the agency for use as educational or training purposes.

(e) No item or wildlife seized by the agency may be forfeited or disposed of in the

discretion of the court, unless the offender has been convicted of the offense charged

and all appeals from such conviction have been exhausted. An appeals bond shall be

required to cover the cost of holding and maintaining such animals held, pending final

disposition of the appeal.

§ 70-4-416 Notification of escape, injuries

Permittees shall immediately notify the agency or local law enforcement officials of any

escape of Class I wildlife. Any personal injury inflicted by any species of captive wildlife

requiring medical treatment shall be reported to the agency within forty-eight (48) hours

of the injury, and a complete report provided regarding the nature and circumstances of

the injury.

§ 70-4-417 Cost of administration

The cost of administration of this part as it relates to wildlife not indigenous to this state

shall be borne by the general fund and revenues collected pursuant to this part.

§ 70-4-418 Implantation of microchips in Class I carnivores

(a) Any person who obtains a Class I carnivore on or after July 1, 2015, shall, within six (6)

months of obtaining the animal, have a microchip permanently implanted in the animal.

The microchip shall have an identification number that is unique to the microchip. In

addition, the microchip shall contain a passive integrated transponder, which shall

have a frequency of one hundred twenty-five kilohertz (125 kHz), one hundred thirty-

four and two-tenths kilohertz (134.2 kHz), or four hundred kilohertz (400 kHz).

(b) Any person who possesses a Class I carnivore prior to July 1, 2015, and who

continues to possess the animal on or after July 1, 2015, shall have a microchip that

meets the technical specifications described in subsection (a) permanently implanted

in the animal by July 1, 2018.

§ 70-4-501 Computer-Assisted Hunting -- part definition

"Computer-assisted remote hunting" means the use of a computer or any other device,

equipment or software, to control remotely the aiming and discharge of a rifle, shotgun,

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handgun, bow and arrow, cross-bow or any other implement to hunt wildlife.

§ 70-4-502 Computer-Assisted Hunting -- prohibition

A person may not engage in computer-assisted remote hunting or provide or operate

facilities for computer-assisted remote hunting if the wildlife being hunted is located in

this state.

§ 70-4-503 Computer-Assisted Hunting -- exceptions

It is an exception to the application of this part that a person provides only:

(1) General purpose equipment, including a computer, camera, and building materials;

(2) General purpose computer software, including an operating system and

communication programs; or

(3) General telecommunications hardware or networking services for computers, including

adapters, modems, servers, routers, and other facilities associated with internet

access.

§ 70-4-504 Computer-Assisted Hunting -- violations

Any person violating the provisions of this part commits a Class A misdemeanor.

§ 70-5-101 Establishment of hunting areas, refuges, and wildlife management

areas -- prohibited acts

(a) The wildlife resources agency has the power and authority to establish, with the

consent of the property owner, public hunting areas, refuges, or wildlife management

areas, wherever it deems necessary or feasible for the protection, propagation and

management of wildlife, or any of these.

(b)

(1) It is unlawful to hunt, kill, destroy, trap, ensnare, or molest in any manner any

wildlife within such areas or to trespass on such areas, except as provided by

proclamation or rule or regulation. Such areas shall be posted in conspicuous

places. The executive director is authorized to issue permits for the destruction of

predatory wildlife within such areas.

(2) A violation of subdivision (b)(1) is a Class C misdemeanor.

39-17-1351 may possess a handgun the entire year while on the premises of any

refuge, public hunting area or wildlife management area or, to the extent permitted by

federal law, national forest land maintained by the state. Nothing in this subsection (c)

shall authorize a person to use any handgun to hunt unless the person is in full

compliance with all wildlife laws, rules and regulations.

(d) Nothing in this section shall authorize a person with a hand gun carry permit to

possess such weapon in the portion of any refuge, public hunting area or wildlife

management area that is within the boundaries of a state park or state natural area

unless otherwise authorized in accordance with state law.

(e) Nothing in this section shall authorize a person to access any area unless the person

is in full compliance with all current wildlife laws, rules, proclamations and regulations.

(f)

(1) Subject to existing rights, lands managed by the wildlife resources agency shall be

open to access and use for recreational hunting and fishing, except as limited by

the agency for reasons of public safety, homeland security, or as otherwise limited

by law.

(2) For the purposes of this subsection (f), lands managed by the agency include lands

owned by the agency, as well as lands owned by other public entities for which the

agency regulates hunting and fishing.

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(3) The agency shall exercise its authority to manage lands in a manner to support,

promote and enhance recreational hunting and fishing opportunities to the extent

authorized by law.

(4) The agency is not required to give preference to hunting and fishing over other

uses or priorities established by state law.

(5) Agency decisions and actions shall not result in any net loss of any acreage

available for hunting and fishing opportunities.

(6) Prior to January 1, 2008, and each January 1 thereafter, the agency shall submit to

the chair of the agriculture and natural resources committee of the house of

representatives and the chair of the energy, agriculture and natural resources

committee of the senate a written report containing:

(A) The estimated acreage managed by the agency that has been closed to

recreational hunting and fishing during the previous fiscal year and the reasons

for the closures;

(B) The estimated acreage managed by the agency that was opened to

recreational hunting and fishing to compensate for the estimated acreage that

was closed during the previous fiscal year; and

existing hunting and fishing lands base since the previous report.

(7) When lands owned by the agency are closed to hunting or fishing, the agency shall

mitigate the closure by opening new lands to be used for the same purpose, within

twelve (12) months of closure. The managed lands to be opened shall be at least

equal to the acreage of lands closed by the agency and shall be located in the

same grand division of the state in which the closed lands are located. The agency

shall not be responsible for mitigation of land closures when lands not owned by

the agency are removed from the agency's control or closed to hunting and fishing

by the owning entity.

(8) The agency is exempt from this subsection (c) when closing or utilizing acreages of

public hunting and fishing lands for the following purposes:

(A) Firearm and archery shooting ranges;

(B) Road development and maintenance;

(D) Administrative buildings;

(E) Creation of agency lakes;

(F) Agency project-related parking;

(G) Establishment of wildlife refuges; and

(H) Development and maintenance of a proposed or existing greenway connecting

Davidson, Wilson and Rutherford counties on land that is owned by the

Nashville district of the United States army corps of engineers.

(9) This subsection (f) shall have no effect on the agency's authority or ability to

regulate hunting and fishing, including its ability to set season times and lengths, and

bag limits.

§ 70-5-105 Dedication of property for preserves by governor

The governor is authorized and empowered to designate and set apart suitable lands

and waters that have or may hereafter revert to and become the property of the state on

account of delinquent taxes, or any lands or waters held or that may be given to the state

by donation or otherwise, and, in the governor's discretion and judgment, shall, by public

proclamation, set apart and dedicate such lands and waters for wildlife preserves and

declare the establishment of such preserves and fix the limits of the lands and waters for

state wildlife preserves.

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§ 70-5-106 Establishment of fish preserves – power of commission; penalty for

violations

(a) The fish and wildlife commission has the power and authority, in its discretion, to set

aside waters within the jurisdiction of the state as fish preserves in which it is unlawful

to take, catch or kill fish, or to attempt to do so, except as provided in this section.

(b) Upon the establishment of such fish preserves, notices of such establishment shall be

inserted once in a newspaper regularly published in each of the counties in which such

designated waters are located, or if there be no newspaper published in any such

county, the notice of such establishment shall be once inserted in a newspaper

published in the county nearest to which such waters are located.

kinds, and to reopen the same for fishing when it deems the water has been closed a

sufficient time for restocking.

(d) Notices of the establishment of such fish preserves shall also be posted in

conspicuous places surrounding or along the route of the waters designated.

(e) A violation of this section is a Class C misdemeanor.

§ 70-5-108 Acquisition of game and fish rights on private property -- nature of

rights acquired; penalty for violation

(a) The executive director is authorized and empowered to acquire by gift, devise, lease,

purchase or otherwise the exclusive game and fish rights on any privately owned lands

or waters in this state , which game and fish rights shall include the right to manage,

administer, protect, stock, and propagate wild birds, wild animals and fish upon these

areas, and the right to permit hunting and fishing upon these areas in accordance with

rules and regulations proclaimed by the commission.

(b) Any violation of such rules and regulations proclaimed by the commission is a Class C

misdemeanor.

any period of years that the private owner may agree to by appropriate instruments in

writing, signed and acknowledged by the owner or owners of the areas, and the

executive director is hereby authorized to have these leases duly recorded in the office

of the register of deeds for the county or counties in which the land is located.

§ 70-5-109 Posting notices of rules and regulations

Before any rules and regulations proclaimed by the fish and wildlife commission relative

to such game and fish rights become effective, there shall be posted printed notices in

prominent places and at adequate intervals around the boundary line of the area on

which such game and fish rights have been acquired; provided, that the fact that one (1)

or more notices have been torn down or removed after having been posted in

accordance with this section shall not constitute an excuse or defense for a violation of

such rules and regulations.

§ 70-5-111 Federal wildlife refuges within state -- Federal aid for wildlife and fish

restoration and management projects

(a)

(1) For the purpose of more effectively cooperating with the United States, the

governor and the executive director concurring, in the acquisition, development and

maintenance of refuges for migratory waterfowl and other wildlife, consent is

granted to the United States, to acquire by purchase, condemnation, gift, lease or

exchange, lands and waters within this state that the secretary of the interior may

deem necessary and suitable in furtherance of the Migratory Bird Treaty, the

Migratory Bird Treaty Act (16 U.S.C. § 703 et seq.), and the Migratory Bird

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Conservation Act (16 U.S.C. § 715 et seq.); provided, that the jurisdiction of the

state, both civil and criminal, over persons upon areas acquired and privately

owned property on areas acquired shall not be affected or changed by reason of

the acquisition and administration of such areas by the United States, as migratory

waterfowl and other wildlife reservations, except so far as the punishment for

offenses against the United States is concerned; and provided further, that nothing

in this section is intended to interfere with the operation of the game laws of this

state, applying to migratory game birds, insofar as such game laws do not permit

what is forbidden by federal law.

(2) The state of Tennessee reserves the right to tax persons and corporations, their

franchise and property on land or lands deeded or conveyed pursuant to

subdivision (a)(1) and to tax sales of gasoline and other motor vehicle fuels and oil

for use in motor vehicles or other means of transportation or any other privileges,

trade or business conducted on such lands and to tax and control motor vehicles or

other means of transportation using any highways constructed by the United States

on such lands as a result of its improvements within the state.

(b) The state of Tennessee assents to the act of congress entitled “An act to provide that

the United States shall aid the states in wildlife restoration projects, and for other

purposes,” approved September 2, 1937, Public Law 415, 75th Congress; ch. 899, 50

Stat. 917 (16 U.S.C. § 669 et seq.), and the agency is authorized, empowered, and

directed to perform such acts as may be necessary to the conduct and establishment

of cooperative wildlife restoration projects, as defined in that act of congress, in

compliance with that act and rules and regulations promulgated by the secretary of the

interior under that act.

to provide that the United States shall aid the states in fish restoration and

management projects, and for other purposes”, approved August 9, 1950, Public Law

681, 81st Congress; ch. 685, 64 Stat. 430 (16 U.S.C. § 777 et seq.), and the agency is

hereby authorized, empowered and directed to perform such acts as may be

necessary to the conduct and establishment of cooperative fisheries, restoration,

management, developmental and research projects, as defined in that act of congress

in compliance with that act and rules and regulations promulgated by the secretary of

interior under that act. No funds accruing to the state of Tennessee from license fees

paid by fishers shall be diverted for any purposes other than the administration of the

game and fish conservation purposes of the agency.

§ 70-6-101 Enforcement authority -- inspection of game; penalty for refusing to

allow inspection -- regulations

(a) The executive director or the officers of the wildlife resources agency, or officers of any

other state or of the federal government who are full-time wildlife enforcement

personnel designated by the executive director, shall enforce all laws now enacted or

that may hereafter be enacted for the propagation and preservation of all wildlife in this

state, and shall prosecute all persons, firms and corporations who violate any of such

laws. The executive director or officers of the agency shall seize any and all wild

animals, wild fowl, wild birds, fishes, frogs and other aquatic animal life, or parts of

such wildlife, that have been killed, caught, or taken at a time, in a manner or for a

purpose, or that are in possession, or that have been shipped, transported, carried or

taken in this state or brought into this state from another state, contrary to the laws of

this state.

(b)

(1) It is the duty of every person participating in the privileges of taking or possessing

such wildlife as permitted by this title to permit the executive director or officers of

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the agency to ascertain whether the requirements of this title are being faithfully

complied with, including the possession of a proper license.

(2) Any person who refuses such inspection and count by any authorized officer of the

state, or who interferes with such officer or obstructs such inspection or count

commits a Class C misdemeanor, and upon conviction shall be punished by a fine

of not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00).

business, or interior of an automobile without a search warrant.

(d) The commission is authorized to provide by duly promulgated regulations a system for

issuing warning citations under such conditions as may be deemed proper.

§ 70-6-102 Each unlawful taking and device deemed separate offense -- penalty

Each wild animal, wild bird, wild fowl, or fish caught, taken, killed, captured, destroyed,

shipped, offered or received for shipment, transported, bought, sold or bartered, or had in

possession, and each trap, snare, net or other device used or attempted to be used in

violation of the provisions of this title constitutes a separate offense and, unless a specific

penalty is otherwise provided, is punishable by a fine of not less than twenty- five dollars

($25.00) nor more than fifty dollars ($50.00) for each offense.

§ 70-6-103 Penalties for violation of this title

(a) The violation of any of the provisions of § 70-1-206, § 70-1-302(a) and (b), § 70-1-

304(1), (2) and (4), § 70-1-305, § 70-1-306(c)-(h), § 70-1-307, § 70-1-308(a), § 70-2-

206, chapter 3 of this title, § 70-4-105 or § 70-5-103, is a Class C misdemeanor.

(b) The violation of any provisions of this title for which a penalty has not been expressly

provided is a Class C misdemeanor, and in case of a corporation, every participating

officer or agent, or both, of the corporation shall be guilty and punished as stated in

this section.

§ 70-6-104 Trial for violations -- jurisdiction -- appeals

(a) When any person is arrested for any violation of the wildlife laws, it is the duty of the

arresting officer making or causing the arrest to take the person so arrested before a

court of general sessions for trial, in the county where the offense was committed. If

before such court of general sessions, the accused is found guilty of any offense

punishable by a fine of fifty dollars ($50.00) or less, that person shall have the right to

appeal to the circuit or criminal court having jurisdiction of such appeals, upon giving

security for the amount of the fine and imposed costs. In the cases of offenses

punishable by a fine of more than fifty dollars ($50.00) or by imprisonment, then the

magistrate or court of general sessions is governed by the general laws applicable to

such offenses.

(b) If the circuit court has concurrent jurisdiction with or as a criminal court in any county,

then the circuit court shall likewise have jurisdiction over any offense for violation of

any of the provisions of this title.

§ 70-6-105 Mistake of fact not a defense

In any prosecution for the violation of any of the provisions of this title, it is not a defense

that the person killing, taking, selling, shipping or storing any animals, fish or birds was

mistaken as to its variety, sex, age or size, it being one of the purposes of this section to

penalize recklessness resulting in the violation of this title's provisions.

§ 70-6-201 Confiscation and disposal of wildlife and other articles illegally taken

or used

(a) All officers of the wildlife resources agency, sheriffs and their deputies shall seize and

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take possession of any and all furs, fish, wild animals, wild birds, guns, rods, reels,

nets, creels, boats or other instruments, tackle or devices that have been used,

transported or possessed contrary to any laws or regulations promulgated by the fish

and wildlife resources commission, and impound and take them before the court trying

the person arrested.

(b) Upon complaint showing probable cause for believing that any of the wild animals, wild

birds or fish protected by any law or regulation are being illegally kept in any building,

car or receptacle, any court having jurisdiction may issue a search warrant and cause

such building, car or receptacle to be searched. Any wild bird, wild animal, fish,

articles, instruments, or devices seized in accordance with this section, shall be

impounded by the arresting officer and taken before the court trying the person

arrested.

(c)

(1) Upon conviction, the court or jury trying the case shall, except as provided in §§ 70-

4-116 -- 70-4-118, determine whether or not the things seized shall be declared

contraband.

(2) When any item is declared contraband, the court shall enter an order accordingly

and the contraband property shall be placed in the custody of the arresting officer,

to be delivered to the executive director for disposition. The executive director shall

destroy or cause to be destroyed any prohibited device or any device deemed by

the executive director to be in a dangerous condition. Any contraband property that

is not destroyed shall be transferred to the commissioner of general services to be

sold at public sale in the manner authorized for surplus property by title 12, chapter

(3) All proceeds from the sale of confiscated articles shall be deposited in the wildlife

resources fund.

§ 70-6-202 Property used in violation of §§ 70-4-116 -- 70-4-118 declared

contraband -- seizure and sale

(a) Any firearm, equipment, appliance or conveyance used in violation of the provisions of

§§ 70-4-116 -- 70-4-118, including any truck, automobile, boat, airplane, or other

vehicle, other than a common carrier, and in which any deer or bear is located, or that

is used in transporting such animals in violation of this title, is hereby declared

contraband property and shall be confiscated and forfeited to the state upon seizure.

(b) Any motor vehicle that is seized as contraband property, that has been finally forfeited

to the state of Tennessee, and that has not been ordered by any court or competent

authority to be returned to any claimant shall be sold at public sale by the

commissioner of general services when the same has been turned over to the

commissioner by the executive director as now authorized by law; provided, that,

notwithstanding any other provision of the law to the contrary, any truck, automobile,

boat, airplane or other vehicle seized and forfeited under the provisions of subsection

(a) may be used, with the approval of the executive director, by wildlife officers, to

enforce the fish and wildlife laws, for a period not to exceed two (2) years; and

provided further, that the seized item is similar in kind and not substantially greater in

value than like equipment that is procured and used by the wildlife resources agency

in its operations.

by a court of competent jurisdiction, such property shall be returned by the trial court.

When the verdict of not guilty is rendered by a court of general sessions, the executive

director shall have the right to appeal to the circuit court of the county where such

verdict was rendered for a hearing de novo solely on the question of the propriety of

the seizure of any property so seized as contraband and make disposition accordingly.

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(d) The court or jury determining whether a violation of § 70-4-116, § 70-4-117, or § 70-4-

118, occurred shall also determine, in the same manner as provided in § 70-6-201,

whether property seized pursuant to this section is contraband and should be forfeited

to the state.

§ 70-7-102 Landowner's duty of care

The landowner, lessee, occupant, or any person in control of land or premises owes no

duty of care to keep such land or premises safe for entry or use by others for such

recreational activities as hunting, fishing, trapping, camping . . . animal riding, bird

watching, dog training . . .

§ 70-7-105 Waiver of landowner's duty of care

Any person eighteen (18) years of age or older entering the land of another for the

purpose of camping, fishing, hunting, hiking, dog training . . . for such person's use for a

consideration may waive, in writing, the landowner's duty of care to such person for

injuries that arise from camping, fishing, hunting, sporting clays, shooting sports, and

target shooting, including archery and shooting range activities, hiking, dog training . . ,

if such waiver does not limit liability for gross negligence, or willful or wanton conduct, or

for a failure to guard or warn against a dangerous condition, use, structure or activity.

§ 70-8-102 Tennessee Nongame and Endangered or Threatened Wildlife Species

Conservation Act – declaration of policy

The general assembly finds and declares that:

(1) It is the policy of this state to manage certain nongame wildlife to ensure their

perpetuation as members of ecosystems, for scientific purposes, and for human

enjoyment;

(2) Species or subspecies of wildlife indigenous to this state that may be found to be

endangered or threatened within the state should be accorded protection in order to

maintain and, to the extent possible, enhance their numbers;

(3) The state should assist in the protection of species or subspecies of wildlife that are

deemed to be endangered or threatened elsewhere by prohibiting the taking,

possession, transportation, exportation, processing, sale or offer for sale or shipment

within this state of species or subspecies of wildlife listed on the United States' List of

Endangered Fish and Wildlife as set forth in this part, unless such actions will assist in

preserving or propagating the species or subspecies; and

(4) Adequate funding should be made available to the agency annually by appropriations

from the general fund or from other sources for management of nongame and

endangered species.

§ 70-8-103 Tennessee Nongame and Endangered or Threatened Wildlife Species

Conservation Act – part definitions

As used in this part unless the context requires otherwise:

(1) "Agency" means the primary agency within the state that has statutory authority to

manage wildlife populations;

(2) "Ecosystem" means a system of living organisms and their environment, each

influencing the existence of the other and both necessary for the maintenance of life;

(3) "Endangered species" means:

(A) Any species or subspecies of wildlife whose prospects of survival or recruitment

within the state are in jeopardy or are likely within the foreseeable future to become

so due to any of the following factors:

(i) The destruction, drastic modification, or severe curtailment of its habitat;

(ii) Its overutilization for scientific, commercial or sporting purposes;

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(iii) The effect on it of disease, pollution, or predation;

(iv) Other natural or man-made factors affecting its prospects of survival or

recruitment within the state; or

(v) Any combination of the foregoing factors; or

(B) Any species or subspecies of fish or wildlife appearing on the United States' List of

Endangered Native Fish and Wildlife as it appears on April 5, 1974, (50 CFR, Part

17, Appendix D), as well as any species or subspecies of fish and wildlife

appearing on the United States' List of Endangered Foreign Fish and Wildlife, (50

CFR, Part 17, Appendix A), as such list may be modified hereafter;

(4) "Executive director" means the director of the state agency that has statutory authority

to manage wildlife populations;

(5) "Management" means the collection and application of biological information for the

purposes of increasing the number of individuals within species and populations of

wildlife up to the optimum carrying capacity of their habitat and maintaining such

levels. "Management" includes the entire range of activities that constitute a modern

scientific resource program, including, but not limited to, research, census, law

enforcement, habitat acquisition and improvement, and education. "Management"

includes, when and where appropriate, the periodic or total protection of species or

populations as well as regulated taking;

(6) "Nongame species" means any wild mammal, bird, amphibian, reptile, fish, mollusk,

crustacean or other wildlife not ordinarily taken for sport, fur, food or other commercial

use;

(7) "Optimum carrying capacity" means that point at which a given habitat can support

healthy populations of wildlife species, having regard to the total ecosystem, without

diminishing the ability of the habitat to continue that function;

(8) "Person" means any individual, corporation, association or partnership;

(9) "Take" means to harass, hunt, capture, or kill, or to attempt to harass, hunt, capture, or

kill wildlife;

(10) "Threatened" means any species or subspecies of wildlife that is likely to become an

endangered species within the foreseeable future;

(11) "Watchable wildlife" is any species or subspecies that is defined in this section as

nongame, endangered, threatened or wildlife in need of management. It further

includes any wildlife species or subspecies when their use is nonconsumptive to the

extent that such activities are consistent with their legal taking and welfare; and

(12) "Wildlife in need of management" means any species or subspecies of wildlife that

needs specific management to prevent it from becoming a threatened species within

the state in the foreseeable future.

§ 70-8-104 Tennessee Nongame and Endangered or Threatened Wildlife Species

Conservation Act – nongame species; promulgation regulations -- prohibited acts

(a) The executive director shall conduct an investigation on nongame wildlife in order to

develop information relating to population, distribution, habitat, needs, limiting factors,

and other biological and ecological data to determine management measures

necessary for their continued ability to sustain themselves successfully. On the basis

of such determinations, the fish and wildlife resources commission shall issue

proposed regulations not later than April 5, 1975, and develop management programs

designed to ensure the continued ability of nongame, endangered or threatened

wildlife to perpetuate themselves successfully. Such proposed regulations shall set

forth species or subspecies of nongame wildlife that the executive director deems in

need of management pursuant to this section, giving their common and scientific

names by species or subspecies. The executive director shall conduct ongoing

investigations of nongame wildlife and may from time to time recommend amendments

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to such regulations by adding to or deleting from the regulations species or subspecies

of nongame wildlife.

(b) The commission shall by such regulations establish proposed limitations relating to

habitat, alteration, taking, possession, transportation, exportation, processing, sale or

offer for sale, or shipment as may be deemed necessary to manage such nongame

wildlife.

person to take, attempt to take, possess, transport, export, process, sell or offer for

sale or ship nongame wildlife. Subject to the same exception, it is also unlawful for any

common or contract carrier knowingly to transport or receive for shipment nongame

wildlife.

§ 70-8-105 Tennessee Nongame and Endangered or Threatened Wildlife Species

Conservation Act – endangered or threatened species list

(a) On the basis of investigation on nongame wildlife provided for in § 70-8-104 and other

available scientific and commercial data, and after consultation with other state fish

and wildlife agencies, appropriate federal agencies, and other interested persons and

organizations, but not later than April 5, 1975, the fish and wildlife resources

commission shall by regulation propose a list of those species or subspecies of wildlife

indigenous to the state that are determined to be endangered and threatened within

this state, giving their common and scientific names by species and subspecies. This

list shall be made available to the public.

(b) The commission shall conduct a review of the state list of endangered species within

not more than two (2) years from its effective date and every two (2) years thereafter,

and may amend the list by such additions or deletions as are deemed appropriate. The

executive director shall submit to the governor a summary report of the data used in

support of all amendments to the state list during the preceding biennium and shall

make a current list available to the public.

Part 17, Appendix D), is modified subsequent to April 5, 1974, by additions or

deletions, such modifications whether or not involving species or subspecies

indigenous to the state may be accepted as binding if, after the type of scientific

determination described in subsection (a), the wildlife resources commission by

regulation accepts such modification for the state. Any such regulation shall be

effective upon promulgation.

§ 70-8-106 Tennessee Nongame and Endangered or Threatened Wildlife Species

Conservation Act – management programs -- exceptions to regulations

(a) The executive director shall establish such programs, including acquisition of land or

aquatic habitat, as are deemed necessary for management of nongame and

endangered or threatened wildlife. The executive director shall utilize all authority

vested in the agency to carry out the purposes of this section.

(b) In carrying out programs authorized by this section, the executive director may enter

into agreements with federal agencies, political subdivisions of the state, or with

private persons for administration and management of any area established under this

section or utilized for management of nongame and endangered or threatened wildlife.

extent practicable, utilize such programs in furtherance of the purposes of this section.

The governor shall also encourage other state and federal agencies to utilize their

authorities in furtherance of the purposes of this section.

(d) The executive director may permit, under such terms and conditions as may be

prescribed by regulation, the taking, possession, transportation, exportation or

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shipment of species or subspecies of wildlife that appear on the state list of

endangered or threatened species, on the United States' List of Endangered Native

Fish and Wildlife (50 CFR, Part 17, Appendix D), as amended and accepted in

accordance with § 70-8-105(c), or on the United States' List of Endangered Foreign

Fish and Wildlife (50 CFR, Part 17, Appendix A), as such list may be modified

hereafter, for scientific, zoological, or educational purposes, for propagation in captivity

of such wildlife or for other species purposes.

(e) Upon good cause shown, and where necessary to alleviate damage to property or to

protect human health and safety, endangered or threatened species may be removed,

captured or destroyed but only pursuant to a permit issued by the executive director

and by or under the supervision of an agent of the agency; provided, that endangered

or threatened species may be removed, captured, or destroyed without permit by any

person in emergency situations involving an immediate threat to human life. Provisions

for removal, capture, or destruction of nongame wildlife for the purposes set forth

above shall be set forth in regulations issued by the executive director pursuant to §

70-8-104(a).

§ 70-8-107 Tennessee Nongame and Endangered or Threatened Wildlife Species

Conservation Act – rulemaking authority

The fish and wildlife commission shall issue such regulations as are necessary to carry

out the purposes of this part.

§ 70-8-108 Tennessee Nongame and Endangered or Threatened Wildlife Species

Conservation Act – penalties for violations -- searches and seizures – forfeitures

– Exception for black vultures

(a) Any person who violates the provisions of § 70-8-104(c) or any regulations issued

under § 70-8-104, or fails to procure or violates the terms of any permit issued

thereunder, commits a Class B misdemeanor.

(b) Any person who fails to procure or violates the terms of any permit issued under § 70-

8-106(d) and (e) commits a Class A misdemeanor.

the state or of any municipality or county within the state has the authority to conduct

warrantless searches as provided by law, and to execute a warrant tosearch for and

seize any equipment, business records, merchandise or wildlife taken, used, or

possessed in connection with a violation of any section of this part. Any such officer or

agent may, without a warrant, arrest any person who such officer or agent has

probable cause to believe is violating, in the presence or view of the officer or agent,

any such section, or any regulation or permit provided for by this part. An officer or

agent who has made an arrest of a person in connection with any such violation may

search such person or business records at the time of arrest and seize any wildlife,

records, or property taken, or used, in connection with any such violation.

(d) Equipment, merchandise, wildlife, or records seized under the provisions of subsection

proceedings, and upon conviction be forfeited to the state for destruction or disposition

as the executive director may deem appropriate; provided, that prior to forfeiture, the

executive director may direct the transfer of wildlife so seized to a qualified zoological,

educational, or scientific institution for safekeeping, the costs of the transfer to be

assessable to the defendant. The executive director is authorized to issue regulations

to implement this subsection (d).

(e)

(1) Notwithstanding subsections (a) and (b), it is not an offense for any person to

disturb the habitat of, alter, take, attempt to take, possess, transport, export,

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process, sell or offer for sale, or ship a black vulture, also known by the name

Coragyps atratus, in this state.

(2) No state funds or personnel, or other state resources, may be used to enforce any

prohibition against the disturbance of the habitat of, alteration, taking, attempting to

take, possession, transporting, exporting, processing, selling or offering for sale, or

shipment of a black vulture.

(3) Nothing in this subsection (e) prohibits the agency from using state funds or

personnel, or other state resources, to assist landowners in acquiring federal

depredation permits for black vultures.

§ 70-8-109 Tennessee Nongame and Endangered or Threatened Wildlife Species

Conservation Act – construction of provisions; importation from other states;

validity and application of part

(a) None of the provisions of this part shall be construed to apply retroactively or to

prohibit importation into the state of wildlife that may be lawfully imported into the

United States or lawfully taken or removed from another state or to prohibit entry into

the state or possession, transportation, exportation, processing, sale or offer for sale

or shipment of any wildlife whose species or subspecies is deemed to be threatened

with statewide extinction in this state but not in the state where originally taken, if the

person engaging in the importation demonstrates by substantial evidence that such

wildlife was lawfully taken or removed from such state; provided, that this subsection

shall not be construed to permit the possession, transportation, exportation,

processing, sale or offer for sale or shipment within this state of wildlife on the United

States' List of Endangered Native Fish and Wildlife, compiled in 50 CFR, Part 17,

Appendix D, as amended and accepted in accordance with § 70-8-105(c), except as

permitted in § 70-8-106(d). All importations are subject to applicable state laws and

regulations.

(b) If any provision of this part or the application of this part to any person or circumstance

is held invalid, the remainder of this part, and the application of such provision to other

persons or circumstances, shall not be affected thereby. This part shall not be

construed as superseding any applicable federal statute.

§ 70-8-110 Tennessee Nongame and Endangered or Threatened Wildlife Species

Conservation Act – funding; donations

(a) The cost of programs established under this part shall be borne by the general fund or

other sources. The federal cost share of approved programs P.L. 93-205, 87!Stat.

889, § 6(d)(2)(i) and (ii); 1(6 U.S.C. § 1535(d)(2)(i) and (ii)), for endangered species

shall not exceed sixty-six and two thirds percent (662/3%) of the costs stated in the

cooperative agreement. The federal share may be increased to seventy-five percent

(75%) whenever two (2) or more states having a common interest in one (1) or more

endangered or threatened species, the conservation of which may be enhanced by

cooperation of such states, enter jointly into an agreement with the executive director.

(b) The executive director is specifically authorized to accept from interested persons,

firms, and corporations cash donations or donations of property to be converted to

cash pursuant to the terms of the donor to be designated for the nongame and

endangered species programs or to be designated for any other programs intended to

effectuate the purposes of this part. At the discretion of the donor, cash donations or

donations of property to be converted to cash pursuant to the terms of the donor may

be made to the watchable wildlife fund. Evidence of the donations shall be by the

issuance by the executive director of nongame certificates to the donors.

(1) Recognizing the growing number of nonconsumptive users of wildlife along with

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their interest and willingness to make donations in support of such programs, there

is hereby created a fund called the "watchable wildlife endowment fund" to aid in

the future funding of programs designed to perpetually benefit watchable wildlife

and to aid in their nonconsumptive use by the public.

(2) Moneys shall be deposited to the fund as provided in this section and shall be

invested for the benefit of the fund pursuant to § 9-4-603, § 9-4-608, or § 9-4- 612.

Moneys in the fund shall not revert to the general fund of the state, but shall remain

available and appropriated exclusively for the purposes set forth in this section.

(3) This fund may be funded by donations as provided for in this section.

(4) No expenditure shall be made from the principal of the fund. No expenditures shall

be made from the interest earned until the combination of principal and interest

reaches five hundred thousand dollars ($500,000). Thereafter, interest earned shall

be available for expenditures to aid in carrying out the purposes of this fund.

(5) This fund is not intended to be the exclusive fund for holding donations authorized

in this section and is not intended to affect any presently existing or future funds or

means of holding and distributing moneys received through cash donations or

through cash received from property donated and converted to cash pursuant to the

terms of the donor. It is intended to provide the donor with an additional means of

directing the use of the donor's donations.

§ 70-8-111 Tennessee Nongame and Endangered or Threatened Wildlife Species

Conservation Act – authorization to enter agreements

The executive director is authorized to enter into cooperative agreements with other

states and the federal government for the establishment and maintenance of programs

for the conservation of nongame, endangered or threatened species of wildlife.

§ 70-8-112 Tennessee Nongame and Endangered or Threatened Wildlife Species

Conservation Act – species similar to endangered species

The executive director may, by regulation, and to the extent the executive director deems

advisable, treat any species as an endangered species or threatened species even

though it is not listed, if the executive director finds that:

(1) Such species so closely resembles in appearance, at the point in question, a species

that has been listed pursuant to such section that enforcement personnel would have

substantial difficulty in attempting to differentiate between the listed and unlisted

species;

(2) The effect of this substantial difficulty is an additional threat to an endangered or

threatened species; and

(3) Such treatment of an unlisted species will substantially facilitate the enforcement and

further the policy of this part.

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APPENDICES

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APPENDIX ONE: Resources

Selected National Organizations

1) American Humane Association

Address: 1400 16th Street NW Suite 360, Washington, DC 20036

Phone: 800-227-4645

E-mail: [email protected]

Website: www.americanhumane.org

2) The American Society for the Prevention of Cruelty to Animals

Address: 424 E. 92nd St., New York, NY 10128-6804

Phone: 212-876-7700

Website: www.aspca.org

3) The American Veterinary Medical Association

Address: 1931 N. Meacham Rd. Suite 100, Schaumburg, IL 60173-4360

Phone: 800-248-2862

E-mail: [email protected]

Website: www.avma.org

4) The Humane Society of the United States

Address: 1255 23

Street NW, Suite 450 Washington, DC 20037

Phone: 866-720-2676

Website: www.humanesociety.org

5) National Animal Control Association

Mailing Address: 40960 California Oaks Rd. #242, Murrieta, CA 92652

Phone: 913-768-1319

E-mail: [email protected]

Website: www.nacanet.org

6) The National Audubon Society

Mailing Address: 225 Varick Street, New York, NY 10014

Phone: 212-979-3196

Website: www.audubon.org

7) Michigan State University College of Law: Animal Legal & Historical Center

Address: 648 North Shaw Lane, Lansing, MI 48824-1300

E-mail: [email protected]

Website: www.animallaw.info

General Information Sites

1) The Animal Law Resource Center provides access to legislation and legal matters

pertaining to animals and the law, including animal cruelty, animal control, laboratory

animal welfare and wildlife management.

Address: 53 W Jackson Blvd, Suite 1552, Chicago, IL 60604

Phone: 800-888-6287

Website: www.animallaw.com

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2) The Animal Welfare Information Center at the U.S. Department of Agriculture

National Agricultural Library is an agency mandated to provide information for

improved animal care and use in research, testing, and teaching. Among the notable

information on this site is a list of federal laws and regulations related to animal

welfare.

Address: 10301 Baltimore Avenue, Room 118, Beltsville, MD 20705

Phone: 301-504-6212

E-mail: [email protected]

Website: www.nal.usda.gov/awic

3) The U.S. Department of Health and Human Services, Office of Laboratory

Animal Welfare lists policies and papers on the humane use and care of lab

animals.

Mailing address: 6700B Rockledge Dr, Suite 2500, MSC 6910, Bethesda, MD 20892

Phone: 301-496-7163

E-mail: [email protected]

Website: olaw.nih.gov

4) The U.S. Fish and Wildlife Service enforces federal wildlife laws, protects

endangered species, manages migratory birds, restores nationally significant

fisheries, and conserves and restores wildlife habitat such as wetlands.

Mailing Address: 1849 C Street, NW Washington, DC 20240

Phone: 1-800-344-WILD

Website: www.fws.gov

Organizations

1) The National Animal Interest Alliance is an association of business, agricultural,

scientific, and recreational interests formed to protect and promote humane

practices between people and animals. The site includes information on legal and

legislative resources, including a guide to developing pet-friendly ordinances.

Mailing Address: PO Box 66579 Portland, Oregon 97290-6579

Phone: 503-761-8962

Website: www.naiaonline.org

2) The National Association for Biomedical Research, Animal Law Section focus

on animals used in the biomedical field. Its site provides summaries of legislation,

regulations, case law, and institutional standards related to the use of animals in

research and lists organizations, law school courses, and bar associations.

Mailing Address: 1100 Vermont Avenue NW, Suite 1100

Phone: 202-857-0540

Website: www.nabranimallaw.org

3) World Animal Net was established to improve communication and coordination

among the world's animal protection groups. Today, WAN is the world's largest

network of animal protection societies, with over 3,000 affiliates in more than 100

countries and Consultative Status at the United Nations.

Mailing Address: 19 Chestnut Square Boston, MA 02130, USA

Phone: 617-524-3670

E-mail: [email protected]

Website: www.worldanimal.net

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4) The American Pet Products Association (APPA) was founded in 1958 as a not-

for-profit association serving the interests of American pet product manufacturers

and importers. The value of this website lies in its "Products and the Law" section,

providing access to a bill tracking service (for subscribers only), laws and

regulations, and a variety of other types of information.

Mailing Address: 225 High Ridge Road, Suite W200, Stamford, CT 06905

Phone: 800-452-1225

Website: www.americanpetproducts.org

5) The American Bar Association has recognized the importance of animal law and

now has a committee devoted to it. The ABA Animal Law Committee is a subgroup

of the Tort, Trial and Insurance Law Section, and its website contains links to the

committee's newsletter and legislative tracking projects.

Mailing Address: National Headquarters 321 North Clark Street, Chicago, IL 60654

Phone: 800-285-2221

Website: www.americanbar.org

6) The Animal Legal Defense Fund was formed in 1979 and has an e-mail news

service for cases and articles on legal issues related to animal law.

Mailing Address: National Headquarters 170 East Cotati Avenue, Cotati, CA 94931

Phone: 707-795-2533

E-mail: [email protected]

Website: www.aldf.org

Animal Specific Sites

Dogs

1) The National Canine Research Council provides detailed information and statistics

on human and canine behaviors that have contributed to cases of severe and fatal

dog attacks. The council investigates and analyzes the circumstances, behaviors,

and environments that result in incidents of severe and fatal canine aggression.

Mailing Address: 433 Pugsley Hill Rd., Amenia, NY 12501

Phone: 845-705-7880

Website: www.nationalcanineresearchcouncil.com

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Cats

1) The Cat Fancier's Association (CFA) has a web page, Changing Laws About Cat

Ownership, that covers feral cats, leash and limit laws (those laws or ordinances

setting a limit on the number of animals allowed per household), rabies vaccinations,

and more.

Mailing Address: 260 East Main Street, Alliance, OH 44601

Phone: 330-680-4070

Website: www.cfainc.org

Horses

The National Agricultural Law Center at the University of Arkansas School of Law

has an Equine Law Page that collects law review and other journal articles related to

horses.

Mailing Address: 2650 N. Young Ave. Fayetteville, AR 72704

Phone: 479-575-7646

Email: [email protected]

Website: https://nationalaglawcenter.org/state-compilations/equineactivity/

Equine Legal Solutions is a law firm website that deals primarily with horses and

the law. The site contains a "Resources" page that directs users to more sources on

legal issues and various breeds and also has a blog.

Phone: 866-385-2972

Website: www.equinelegalsolutions.com

Veterinary Practice

1) The American Veterinary Medical Law Association is a national association of

attorneys, veterinarians, and other individuals and organizations with an interest in

veterinary medical law. The site has a useful set of links to other legal sites to keep

track of the rising tide of new issues.

Mailing Address: 1750 K. Street NW, Ste. 700 Washington, DC 20006

Phone: 202-449-3818

E-mail: [email protected]

Website: www.avmla.org

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APPENDIX TWO: The Federal Court System: Functions & Jurisdictions

The Federal Court System: When you should file in federal court

There are federal courts located in every state. Tennessee has three separate federal

districts located in West, Middle, and East Tennessee. Tennessee is part of the Sixth

Circuit, along with Kentucky, Ohio, and Michigan. Generally, in order for a case to be

heard in federal court, the case must meet certain threshold requirements.

First, under the U.S. Constitution, federal courts exercise only judicial powers. This

means that federal judges may interpret the law only by resolving actual legal disputes.

A court cannot attempt to correct a legal problem just because it thinks one exists, nor

can it answer a hypothetical legal question. Instead, an actual person or persons must

be damaged by another or by a law. This person or persons must then bring a legal

action in order to redress his or her wrong.

Second, assuming there is an actual case, the plaintiff in a federal lawsuit must have

legal “standing” to ask the court for a decision. “Standing” refers to the requirement that

the plaintiff suffer an actual harm by the defendant or by an applicable law.

Third, the case must present a type of dispute that the questionable law was designed

to address. The case must also involve a complaint that the court has the power to

remedy. In other words, the court must be authorized, under the Constitution or a

federal law, to hear the case and grant appropriate relief to the plaintiff.

Finally, the case must present an ongoing problem that the court is permitted to resolve.

The harm cannot be theoretical or without merit. Moreover, the federal courts only can

decide the types of cases allowed by Congress under, or otherwise identified in, the

Constitution. The details of federal jurisdiction are complex and beyond the scope of this

brief description.

However, federal courts hear two main types of cases: (1) cases involving federal law

questions, and (2) cases involving diversity jurisdiction.

a. Federal Question Jurisdiction: A case that involves a question of federal law may

be filed in a federal court. In general, federal courts may decide cases that involve the

U.S. government, the U.S. Constitution, federal laws, or controversies between states

or between the United States and foreign governments.

b. Diversity Jurisdiction: A case may be filed in federal court based on diversity of

citizenship, where the parties are citizens of different states, or citizens of the United

States and another country. To make sure the court is fair to the out-of-state party,

the U.S. Constitution allows these cases to be heard in federal court.

**Only Diversity Jurisdiction cases involving more than $75,000 in potential damages for

each plaintiff may be filed in federal court. Claims below that amount must be pursued

in state court.

Additionally, any Diversity Jurisdiction case, regardless of the amount of money

involved, may be brought in a state court rather than a federal court. For a more

complete explanation of who may file in federal court and when, see Rules 8, 12, and

17(b) of the Federal Rules of Civil Procedure.

Although federal courts are located in every state, they are not the only forum available

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to those who want to file suit. In fact, the great majority of legal disputes in American

courts are addressed in the state courts. For example, state courts have jurisdiction

over virtually all divorce and child custody matters, probate and inheritance issues, real

estate questions, and juvenile matters, and they handle most criminal cases, contract

disputes, traffic violations, and personal injury cases. (See Appendix One.)

The Federal Courts: How They Work

Trial Courts: The United States District Courts are the general trial courts in the federal

court system. There also are two special federal trial courts that have the authority to

hear certain types of cases throughout the country: the Court of International Trade and

the United States Court of Federal Claims.

District Court: Within limits set by Congress and the Constitution, the district courts

have jurisdiction to hear nearly all categories of federal cases, including both civil

and criminal matters. There are ninety-four federal judicial districts, including at

least one district in each state, the District of Columbia, and Puerto Rico. Each

district also includes a United States Bankruptcy Court. Three territories of the

United States — the Virgin Islands, Guam, and the Northern Mariana Islands —

have district courts that hear federal cases, including bankruptcy cases.

Court of International Trade: The Court of International Trade addresses cases

involving international trade and customs issues only.

The United States Court of Federal Claims: The United States Court of Federal

Claims has jurisdiction over most claims for money damages against the United

States, disputes over federal contracts, unlawful “takings” of private property by the

federal government, and a variety of other claims against the United States.

Appellate Courts: The ninety-four judicial districts are organized into twelve regional

circuits, each of which has a United States Court of Appeals. A thirteenth Court of

Appeals hears cases involving certain specialized matters.

Court of Appeals: A Court of Appeals hears cases appealed from the district

courts located within its circuit, as well as appeals from decisions of federal

administrative agencies. There are twelve regional branches of the Court of

Appeals.

Court of Appeals for the Federal Circuit: The Federal Circuit Court of Appeals

can hear specialized cases from anywhere in the country, such as those involving

patent laws and cases decided by the Court of International Trade and the United

States Court of Federal Claims. There is only one Court of Appeals for the Federal

Circuit.

The United States Supreme Court

The United States Supreme Court consists of the Chief Justice of the United States and

eight associate justices. The United States Supreme Court may decide which cases it

wishes to hear, as long as it abides by certain guidelines established by Congress. The

United States Supreme Court only hears a fraction of the cases it is asked to decide

each year. Those cases may begin in the federal or state courts, and they usually

involve important questions about the U.S. Constitution or federal law. (See

“Understanding the Federal Courts,” www.uscourts.gov/understand03/index.html)

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APPENDIX THREE: Federal Animal Protection Statutes

Airborne Hunting Act 16 U.S.C. §742j-1 (2008)

The Airborne Hunting Act criminalizes shooting any bird, fish, or other animal while in an

aircraft, using an aircraft to harass any bird, fish, or other animal, or knowingly

participating in these activities. People employed or authorized by either the state or

federal government to administer or protect “land, water, wildlife, domesticated animals,

human life, or crops” are exempted from this statute.

Animal Damage Control Act 7 U.S.C. §8351 (2008)

This statute authorizes the Secretary of Agriculture to conduct wildlife services

programs concerning injurious animal species and to take any action necessary to

conduct those programs. It also authorizes the Secretary of Agriculture to enter

agreements with states, individuals, public and private agencies, and others in order to

control mammals and birds that are a nuisance or harbor zoonotic diseases. Urban

rodent control is exempted from the scope of this program.

Animal Enterprise Terrorism 18 U.S.C. §43 (2008)

This statute criminalizes using or conspiring to interstate or foreign commerce or the

mail to physically disrupt animal enterprises. Criminal disruptions include loss of

property (including animals and records), criminal trespass, harassment, and

intentionally placing a person in fear of death or serious bodily injury. The statute also

delineates types of penalties, which include fines, imprisonment, and restitution.

Animal Fighting Prohibition Enforcement Act of 2007 18 U.S.C §49 (2014)

This statute amends the federal criminal code to impose a fine or prison term of up to

five years on someone who violated with Animal Welfare Act by doing any of the

following: (1) sponsoring or exhibiting an animal in an animal fighting venture; (2)

buying, selling, transporting, delivering, or receiving for purposes of transportation, in

interstate or foreign commerce, any dog or other animal for participation in an animal

fighting venture; and (3) using the mails or other instrumentality of interstate commerce

to promote or further an animal fighting venture; and (4) buying, selling, delivering, or

transporting sharp instruments for use in animal fighting venture. Someone who

knowingly attends an animal flight can be fined or imprisoned for up to one year.

Furthermore, someone who causes someone under the age of 16 to attend an animal

fight can be fined and imprisoned for up to 3 years.

Animal Welfare Act 7 U.S.C. §2131-2159 (2014)

This statute criminalizes (felony) knowingly creating, selling, or possessing a depiction

of animal cruelty (maiming, mutilating, torturing, wounding, or killing an animal if illegal

under state or federal law) and intending to use the depiction for commercial gain in

interstate or foreign commerce. However, depictions with “serious religious, political,

scientific, educational, journalistic, historical, or artistic value” are exempt. A US District

Court and a US Appeals Court ruled that this statute was unconstitutional in U.S. v.

Stevens.

Bald and Golden Eagle Protection Act 16 U.S.C. §668-668d (2008)

This act creates both civil and criminal liability for knowingly, or with wanton disregard

for the consequences, engaging in the taking, possessing, transporting, exporting,

importing, selling, purchasing, bartering or offering to sell, purchase, or barter any

American or golden eagle, alive or dead, or any part of a nest or egg. Furthermore,

this act abrogates the right of Indian tribes to take bald and golden eagles for religious

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purposes, so that such taking is illegal unless the Secretary of the Interior has

determined that “it is compatible with the preservation” of the species.

Depictions of Animal Cruelty 18 U.S.C. §48 (2008)

This statute criminalizes (felony) knowingly creating, selling, or possessing a depiction

of animal cruelty (maiming, mutilating, torturing, wounding, or killing an animal if illegal

under state or federal law) and intending to use the depiction for commercial gain in

interstate or foreign commerce. However, depictions with “serious religious, political,

scientific, educational, journalistic, historical, or artistic value” are exempt. A US District

Court and a US Appeals Court ruled that this statute was unconstitutional in U.S. v.

Stevens. The US Supreme Court agreed to hear the case in April 2009.

Dog and Cat Protection Act of 2000 19 U.S.C. §1308 (2008)

This statute creates civil and criminal liabilities for importing or exporting any dog or cat

fur product, introducing such products into interstate commerce, and advertising or

offering to sell such products in interstate commerce.

Endangered Species Act 16 U.S.C. §1531-44 (2008)

This act attempts to preserve species in recognition of their “esthetic, ecological,

educational, historical, recreational, and scientific value to the Nation.” The act allows

the Secretary of the Interior, and in some cases the Secretary of Commerce, to

determine which species are threatened or endangered (“any species which is in

danger of extinction throughout all or a significant portion of its range”), to designate the

critical habitats of these species, and to create protective regulations and recovery

plans. The Secretary of the Interior is generally charged with the establishment and

implementation of recovery plans, although such duties fall to the Secretary of

Agriculture with respect to the National Forest System. Such conservation measures

could include land acquisition and management, while the act also generally prohibits

the possession, transportation, delivery, or sell of threatened or endangered species in

interstate or foreign commerce. Furthermore, the act requires the federal government

to cooperate with the several states “to the maximum extent practicable” to conserve

threatened and endangered species.

Fair Housing Act 42 U.S.C. §3604 (2008)

This statute requires that all public and private housing (with exceptions) allow Seeing

Eye dogs, even if the housing otherwise has a “no pets” policy. Federal Law

Enforcement Animal Protection Act of 2000 18 U.S.C. §1368 (2004).

Federal Law Enforcement Animal Protection Act of 2000 18. U.S.C. §1368 (2008)

This statute criminalizes willful and malicious harm to any police animal, or any

conspiracy or attempt to do the same. Such activity results in one year of imprisonment,

unless the police animal suffers serious bodily injury, in which case the penalty is ten

years of imprisonment.

Fish and Wildlife Conservation Act 16 U.S.C. §2901-12 (2008)

This act focuses on nongame wildlife, which have been neglected because past

programs focused instead on commercially important species. The act requires states to

create detailed conservation plans for “nongame fish and wildlife” that must be approved

by the Secretary of the Interior. The act also allots reimbursement to the states.

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Fish and Wildlife Coordination Act 16 U.S.C. §661-667 (2008)

This act authorizes the Secretary of the Interior to assist and cooperate with federal

agencies and public and private organizations to develop, protect, rear, and stock all

species of wildlife and to protect their habitats in order to control losses from disease

and minimize the damage of overpopulation. Both the US Fish and Wildlife Service and

the Department of the Interior must be consulted whenever a body of water is to be

diverted in order to determine the possible losses and benefits to wildlife. The act also

focuses on administering certain lands and wildlife refuges in order to conserve,

maintain, and manage the wildlife thereon.

Horse Protection Act 15 U.S.C. §1821-31 (2008)

Finding that “the soring of horses is cruel and inhumane,” this act prohibits shipping,

delivering, receiving, selling, or showing a sore horse. A horse is considered sore if: a

blistering, irritating, chemical, or other agent has been applied to any limb; any limb has

been burned, cut, or lacerated; or a tack, screw, or nail has been injected into any limb.

The act sets up an inspection system for horse shows, exhibitions, and auctions. The

Secretary of Agriculture enforces this act. Common or contract carriers are exempt

unless they had reason to believe that the horse that they carried was sore.

Humane Slaughter Act 7 U.S.C. §1901-1906 (2008)

This act requires slaughter houses to employ humane techniques in the slaughter of

cattle, calves, horses, mules, sheep, swine, and other livestock. A technique is

considered to be humane if the animal is “rendered insensible to pain by a single blow

or gunshot or an electrical, chemical or other means that is rapid and effective.” The

Secretary of Agriculture is authorized to foster research to develop new methods of

humane slaughter. Religious slaughter, including the requisite handling or preparation of

livestock for religious purposes, is exempted from this act.

Lacy Act 18 U.S.C. §41-49 (2008)

This act prohibits hunting, trapping, disturbing, or injuring wildlife on any land set aside

as a sanctuary, refugee, or breeding ground for that wildlife, while also prohibiting the

destruction of U.S. property in such lands and waters. It also outlaws the importation of

any species that the Secretary of the Interior has declared to be injurious to humans,

agriculture, horticulture, or wildlife. The act prohibits polluting watering holes on public

land for the purpose of trapping, killing, wounding, or maiming animals. It is also illegal

to damage or interfere with the operation of an animal enterprise via interstate or

foreign commerce or the mail. The act also refers to specific species, such as by

prohibiting the transportation, delivery, sell, or purchase of water hyacinths and

prohibiting the use of aircraft or motor vehicles to hunt, capture, or kill any wild and

unbranded horse or burro.

National Agricultural Research, Extension, 7 U.S.C. §3191-3202 (2008) and

Teaching Policy Act of 1977

This act promotes the general welfare through “the improved health and productivity of

domestic livestock, poultry, aquatic animals,” and other animals essential to the food

supply; improves horse health; facilitates effective treatment of animal and poultry

diseases; improves ways to control organisms and residue in human food of animal

origin; improves housing and management for well being of livestock; minimizes losses

of livestock and poultry because of transportation; controls animal diseases to protect

humans; improves animal birth control; and improves animal health and the general

welfare of animals.

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Sikes Act 16 U.S.C. §670a-670o (2008)

This act authorizes the Secretary of the Interior, the Director of the United States Fish

and Wildlife Service, and the head of each state’s Fish and Wildlife Agency to enact

conservation and rehabilitation programs for natural resources. The first part of the act

describes such programs on military installations, with the cooperation of the Secretary

of Defense, while the second part of the act creates similar programs on public lands.

The act deals with issues such as hunting and the creation of recreational sites that

provide access for disabled veterans.

Tariff Act of 1930 19 U.S.C. §1527 (2008)

This section of the Tariff Act of 1930 prohibits importing into the United States any wild

mammal or bird, alive or dead, or any part or product of any wild mammal or bird, if the

laws or regulations of the wild mammal or bird’s country of origin restrict its “taking,

killing, possession, or exportation to the United States,” unless accompanied by a

certification from the United States Consul that the mammal or bird “has not been

acquired or exported in violation of the laws of regulations of such country.”

Anything imported in violation of this statute is subject to seizure and forfeiture under

customs laws. This statute excludes importation prohibited by any other law, items

imported for science or education, and importation of certain migratory game birds

brought into the country by sportspeople returning from hunting trips.

Twenty-Eight Hour Law 49 U.S.C. §80502 (2008)

This law requires that animals being transported on any type of vehicle or vessel must

not be confined for more than 28 consecutive hours without being unloaded for food,

water, and rest.

The law applies in interstate travel and travel between the U.S. and its territories and

possessions. Sheep may be confined for as long as 36 consecutive hours. Animals may

be confined for more than 28 hours if: unloading must be postponed due to accidental

or unavoidable causes; or the custodian of the animals makes a written request for an

extension to 36 hours. The law also makes an exception for animals that are

transported in a way that provides food, water, space, and opportunities to rest.

Wild Bird Conservation Act of 1992 16 U.S.C. §4901-4916 (2008)

This act attempts to protect “wild-caught exotic birds” in order to meet international

treaty obligations concerning endangered species and to respect and protect habitats in

foreign nations. The United States assists conservation and management programs in

the foreign nations that are points of origin for exotic birds. The act also limits or

prohibits the importation of certain species of wild birds into the United States, while

capture and transportation methods are monitored to insure that wild birds are treated

humanely.

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APPENDIX FOUR: TN Court System: Functions and Jurisdictions

Tennessee Court System: When you file in State Court

The great majority of legal disputes in American courts are handled in state courts.

State courts have the exclusive power to exercise control over certain cases in certain

geographical and subject areas. This power is known as jurisdiction. For example, state

courts have jurisdiction over virtually all divorce and child custody matters, probate and

inheritance issues, real estate questions, and juvenile matters. State courts also handle

most criminal cases, contract disputes, traffic violations, and personal injury cases in the

state of Tennessee.

Tennessee Court System: How it Works

(a) Courts of Limited Jurisdiction

Courts of Limited Jurisdiction are funded at the county level and only can hear certain

types of cases. Below are examples of Courts of Limited Jurisdiction:

a. Juvenile Court handles cases dealing with juvenile mental health,

paternity, and cases involving minors that are alleged to be delinquent, unruly,

dependent, and neglected. If a county has no Juvenile Court, the General

Sessions Court hears cases involving juveniles. In some cases, Juvenile Court

may also have concurrent, or simultaneous, jurisdiction with Circuit, Chancery,

and Probate Courts. This means that both the Juvenile and other courts have

the ability to hear the same case.

b. General Sessions Court deals with cases about mental health,

preliminary hearings in civil matters, domestic relations, estate/probate, small

claims, misdemeanors, Driving While Intoxicated/Driving Under the Influence,

traffic, and some juvenile matters. This court’s jurisdiction varies from county to

county, depending on local ordinance.

i. Civil Jurisdiction is restricted by certain monetary limits and

types of actions determined by local ordinance.

ii. Criminal Jurisdiction is limited to preliminary hearings in felony

cases and trials in misdemeanor cases where the defendant waives

the right to a grand jury investigation and a trial in either Circuit Court

or Criminal Court.

iii. Juvenile Jurisdiction cases are heard in General Sessions Court,

except in those counties where the legislature has established a

separate Juvenile Court.

c. Municipal Court, or “city court,” hears minor criminal cases.

Approximately three hundred Tennessee cities have a Municipal Court. A

Municipal Court’s jurisdiction is limited to violations of city ordinances, most

commonly and traffic violations. Many crimes involving animals are heard by

Municipal Courts.

(b) Trial Courts

The Tennessee state trial courts consist of the Probate Court, Chancery Court, Circuit

Court, and Criminal Court. Tennessee’s ninety-five counties are divided into thirty-one

judicial districts. As provided in the state constitution, each judicial district contains a

Circuit Court and Chancery Court. About one-third of the judicial districts feature

specialized Criminal Courts, and a few districts have separate Probate Courts to handle

wills and estates. Trial Courts are the lowest level of court review for most cases, but

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some cases may begin in Courts of Limited Jurisdiction. (See Courts of Limited

Jurisdiction, above.)

a. Probate Court hears cases on estates, wills, conservatorships, and

guardianships. These courts do not exist in every county. If a county does not

have a Probate Court, these cases are handled in Circuit Court.

b. Chancery Court hears domestic relations and civil cases. Generally,

presiding Chancellors will hear and decide cases before the Chancery Court,

but jury trials are available in certain cases.

c. Circuit Court hears domestic relations, civil, and, in some

jurisdictions, criminal cases. Circuit Courts also hear appeals from Courts of

Limited Jurisdiction.

d. Criminal Court hears only criminal cases. The Criminal Court also may

hear misdemeanor appeals from lower courts. Criminal Courts do not exist in all

Tennessee counties. In counties lacking a Criminal Court, the Circuit Court

hears criminal cases at the trial level.

The Court of Appeals and Court of Criminal Appeals review civil and criminal decisions

made by the Trial Courts.

a. The Court of Appeals hears civil appeals. Additionally, the court holds

oral argument in administrative agency, and juvenile appeals. Currently

composed of twelve judges, the Court of Appeals hears most appeals of civil

cases from lower courts. The Court of Appeals meets in Knoxville, Nashville, and

Jackson. Normally, the Court of Appeals hears cases in panels of three judges.

Because it is strictly an appellate body, the Court of Appeals does not take

testimony or admit evidence. It merely reviews the records of lower courts to

determine whether there is reversible error. In reviewing lower court proceedings,

the Court of Appeals is guided by the briefs submitted by attorneys which appear

before it to make arguments orally and answer questions from the judges. Like

most court proceedings, these oral arguments are open to the public. Cases are

decided in private conferences, but the court releases its decision to the public in

the form of a written opinion. Decisions of the Court of Appeals may be appealed

to the Tennessee Supreme Court, but that court hears appeals only at its

discretion. Thus, the decision of the Court of Appeals is final in most instances.

b. The Court of Criminal Appeals hears capital, criminal, and juvenile

appeals. These matters include felony and misdemeanor convictions, as well

as post conviction petitions. Composed of twelve judges, the Court of Criminal

Appeals operates in essentially the same way as its civil counterpart (the Court

of Appeals), but its jurisdiction is limited to criminal actions.

(d) The Tennessee Supreme Court

The Tennessee Supreme Court is the highest court in the state. The majority of the

Supreme Court’s caseload comes from appeals from lower state court decisions. Also

known as the “Court of Last Resort,” the Tennessee Supreme Court consists of five

justices who hear civil and criminal appeals. The Tennessee Supreme Court also has a

special panel that hears only Worker’s Compensation cases. The Tennessee Supreme

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Court has the final word on all questions of state law. The state constitution requires

that the Tennessee Supreme Court meet in Knoxville, Nashville, and Jackson. While

sitting in each of these cities, the Tennessee Supreme Court hears appeals from its

respective division of the state. The creation of the intermediate appellate courts to

handle routine civil and criminal appeals has enabled the Tennessee Supreme Court to

concentrate on the most important issues of state law. The only cases that may bypass

the intermediate level are those in which the principal question is whether a state

statute or a local ordinance is constitutional. There is often a special need for a speedy

decision in cases involving state taxes, the right to hold or retain public office, or issues

of constitutional law. In such cases, the Tennessee Supreme Court may decide to hear

a case even without a decision by the Court of Appeals as long as one of the parties to

the case requests Tennessee Supreme Court review. The only cases in which the

Tennessee Supreme Court must grant review are those involving the death penalty,

disciplinary actions against attorneys, and tenure of teachers. Thus, for the most part,

the Tennessee Supreme Court has control over its agenda. In addition to supervising

how other judges interpret state law, the Tennessee Supreme Court plays an important

role in supervising the administration of the state court system. To this end, the

Tennessee Supreme Court determines the rules of procedure for itself and all the other

state courts.

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APPENDIX FIVE: Tennessee Sentencing Guidelines

The Tennessee Sentencing Guidelines consist of statutes and related comments that

help judges decide what sentences to give defendants if they are found guilty in a

Tennessee court of law. Sections of the Tennessee Sentencing Commission’s

Comments have been included only where the Editors deemed them necessary.

Tenn. Code Ann. §40-35-101 (2008): Short Title

This chapter shall be known and may be cited as the "Tennessee Criminal Sentencing

Reform Act of 1989."

SENTENCING COMMISSION COMMENTS:

. . . [A]ll felony offenses are classified based on severity of offense with letter

designations: the most serious felonies graded as Class A and the least serious as

Class E. Misdemeanors are similarly graded. The substantive criminal code revision

sets forth the class of each felony or misdemeanor based on the nature of the offense.

One attribute of this classification system is to treat like offenses the same for

punishment purposes. Thus, all theft and theft related offenses are "graded" based on

the amount of property taken.

The classification of offenses also permits the construction of a sentencing grid so that

the potential sentence for each offender can be rapidly ascertained. Each felony class

carries a maximum and minimum sentence. Thus, a Class A felony can be punished

from between 15 and 60 years. See §40-35-112. The 15 to 60 year span is divided into

three ranges called Range I, Range II and Range III. The "range" determination is

based upon the number of prior convictions which, in turn, determines the potential

span for that particular offender. Thus, a Range I sentence for a Class A felony is 15 to

25 years. A Range II sentence for a Class A felony is 25 to 40 years, and a Range III

sentence is from 40 to 60 years. . .

Tenn. Code Ann. §40-35-102 (2008): Purpose of chapter

The foremost purpose of this chapter is to promote justice, as manifested by § 40-35-103.

In so doing, the following principles are adopted:

(1) Every defendant shall be punished by the imposition of a sentence justly deserved

in relation to the seriousness of the offense;

(2) This chapter is to assure fair and consistent treatment of all defendants by

eliminating unjustified disparity in sentencing and providing a fair sense of

predictability of the criminal law and its sanctions;

(3) Punishment shall be imposed to prevent crime and promote respect for the law by:

(A) Providing an effective general deterrent to those likely to violate the criminal

laws of this state;

(B) Restraining defendants with a lengthy history of criminal conduct;

feasible, by promoting the use of alternative sentencing and correctional

programs that elicit voluntary cooperation of defendants; and

(D) Encouraging restitution to victims where appropriate;

(4) Sentencing should exclude all considerations respecting race, gender, creed,

religion, national origin and social status of the individual;

(5) In recognition that state prison capacities and the funds to build and maintain them

are limited, convicted felons committing the most severe offenses, possessing

criminal histories evincing a clear disregard for the laws and morals of society and

evincing failure of past efforts at rehabilitation shall be given first priority regarding

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sentencing involving incarceration; and

(6)

(A) A defendant who does not fall within the parameters of subdivision (5), and who

is an especially mitigated or standard offender convicted of a Class C, D or E

felony, should be considered as a favorable candidate for alternative sentencing

options in the absence of evidence to the contrary; however, a defendant’s prior

convictions shall be considered evidence to the contrary and, therefore, a

defendant who is being sentenced for a third or subsequent felony conviction

involving separate periods of incarceration or supervision shall not be

considered a favorable candidate for alternative sentencing;

(B) As used in subdivision (6)(A), “separate periods of incarceration or supervision”

means that the defendant serves and is released or discharged from a period of

incarceration or supervision for the commission of a felony prior to committing

another felony;

defendant may still be considered a favorable candidate for any alternative

sentencing that is within the jurisdiction of and deemed appropriate by a drug

court;

(D) A court shall consider, but is not bound by, the advisory sentencing guideline in

this subdivision (6).

Tenn. Code Ann. §40-35-103 (2008): Sentencing considerations

To implement the purposes of this chapter, the following principles apply:

(1) Sentences involving confinement should be based on the following considerations:

(A) Confinement is necessary to protect society by restraining a defendant who

has a long history of criminal conduct;

(B) Confinement is necessary to avoid depreciating the seriousness of the

offense or confinement is particularly suited to provide an effective deterrence to

others likely to commit similar offenses; or

applied unsuccessfully to the defendant;

(2) The sentence imposed should be no greater than that deserved for the offense

committed;

(3) Inequalities in sentences that are unrelated to a purpose of this chapter should be

avoided;

(4) The sentence imposed should be the least severe measure necessary to achieve

the purposes for which the sentence is imposed;

(5) The potential or lack of potential for the rehabilitation or treatment of the defendant

should be considered in determining the sentence alternative or length of a term to

be imposed. The length of a term of probation may reflect the length of a treatment

or rehabilitation program in which participation is a condition of the sentence;

(6) Trial judges are encouraged to use alternatives to incarceration that include

requirements of reparation, victim compensation, community service or all of these;

and

(7) Available community-based alternatives to confinement and the benefits that

imposing such alternatives may provide to the community should be considered

when the offense is nonviolent and the defendant is the primary caregiver of a

dependent child.

Tenn. Code Ann. §40-35-104 (2008): Sentencing alternatives

(a) A defendant convicted of a felony or a misdemeanor in this state shall be sentenced in

accordance with this chapter.

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(b)

(1) A defendant who is convicted of a felony after November 1, 1989, and who is

sentenced to a total sentence of at least one (1) year but not more than three (3)

years, shall not be sentenced to serve the sentence in the department of correction,

if the legislative body for the county from which the defendant is being sentenced

has either contracted with the department, or has passed a resolution that

expresses an intent to contract for the purpose of housing convicted felons with

such sentences. If the sentencing court concludes that incarceration is the

appropriate sentencing alternative, the defendant must be sentenced to the local jail

or workhouse and not to the department.

(2) A defendant who is convicted of a felony after November 1, 1989, and who is

sentenced to at least one (1) year but not more than six (6) years, shall not be

sentenced to serve the sentence in the department of correction if the defendant is

being sentenced from a county with a population of not less than four hundred

seventy-seven thousand eight hundred eleven (477,811), according to the 1980

federal census or any subsequent federal census, and the legislative body for the

county has contracted with the department or has passed a resolution that

expresses an intent to contract for the purpose of housing convicted felons with

such sentences. If the sentencing court concludes that incarceration is the

appropriate sentencing alternative, the defendant must be sentenced to the local jail

or workhouse and not to the department.

for defendants otherwise eligible under this chapter:

(1) Payment of a fine either alone or in addition to any other sentence authorized by

this subsection (c);

(2) Payment of restitution to the victim or victims either alone or in addition to any other

sentence authorized by this subsection (c);

(3) A sentence of confinement that is suspended upon a term of probation supervision

that may include community service or restitution, or both;

(4) A sentence of periodic confinement that may be served in a local jail or workhouse

in conjunction with a term of probation;

(5) A sentence of continuous confinement to be served in a local jail or workhouse in

conjunction with a term of probation;

(6) A sentence of continuous confinement in a local jail or workhouse;

(7) Work release in accordance with § 40-35-315;

(8) A sentence of continuous confinement in the department of correction if the

conviction is for a felony and the sentence is at least one (1) year, unless:

(A) The sentence is prohibited by subsection (b); or

(B) The defendant is convicted of a violation of § 39-14-103, involving property

valued at less than two thousand five hundred dollars ($2,500), and the

defendant is sentenced as an especially mitigated offender as defined in § 40-

35-109 or a standard offender as defined in § 40-35-105; or

(9) A community-based alternative to incarceration as a condition of probation, such as

participation in a day reporting center program, a recovery and treatment program,

or another appropriate community-based program. A defendant may be ordered to

participate in a recovery and treatment program only if such a program is indicated

by the results of a clinical assessment.

(d) This chapter does not deprive a court of any authority conferred by law, including, but

not limited to, § 40-35-313, to decree a forfeiture of property, suspend or cancel a

license, remove a person from office or impose costs and other monetary obligations if

specifically authorized by law.

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(e) This chapter does not prevent a court from imposing a sentence of death specifically

authorized by law.

(f) The court shall strongly consider utilizing available and appropriate sentencing

alternatives for any defendant who, as appropriately documented, including through a

validated risk and needs assessment under § 40-35-207(a)(10), has a behavioral

health need, such as a mental illness as defined in § 33-1-101, or is chemically

dependent as defined in § 16-22-103. The court has sole discretion whether to utilize

available sentencing alternatives under this subsection (f).

Tenn. Code Ann. §40-35-110 (2008): Classification of offenses

(a) Felonies are classified, for the purpose of sentencing, into five (5) categories:

(1) Class A felonies;

(2) Class B felonies;

(3) Class C felonies;

(4) Class D felonies; and

(5) Class E felonies.

(b) An offense designated a felony without specification as to category is a Class E felony.

(1) Class A misdemeanors;

(2) Class B misdemeanors; and

(3) Class C misdemeanors.

(d) An offense designated as a misdemeanor without specification as to category is a

Class A misdemeanor.

Tenn. Code Ann. §40-35-111: Authorized terms of imprisonment and fines for

felonies and misdemeanors

(a) A sentence for a felony is a determinate sentence.

(b) The authorized terms of imprisonment and fines for felonies are:

(1) Class A felony, not less than fifteen (15) nor more than sixty (60) years. In

addition, the jury may assess a fine not to exceed fifty thousand dollars ($50,000),

unless otherwise provided by statute;

(2) Class B felony, not less than eight (8) nor more than thirty (30) years. In addition,

the jury may assess a fine not to exceed twenty-five thousand dollars ($25,000),

unless otherwise provided by statute;

(3) Class C felony, not less than three (3) years nor more than fifteen (15) years. In

addition, the jury may assess a fine not to exceed ten thousand dollars ($10,000),

unless otherwise provided by statute;

(4) Class D felony, not less than two (2) years nor more than twelve (12) years. In

addition, the jury may assess a fine not to exceed five thousand dollars ($5,000),

unless otherwise provided by statute; and

(5) Class E felony, not less than one (1) year nor more than six (6) years. In addition,

the jury may assess a fine not to exceed three thousand dollars ($3,000), unless

otherwise provided by statute.

(c)

(1) A sentence to pay a fine, when imposed on a corporation for an offense defined in

title 39 or for any offense defined in any other title for which no special corporate

fine is specified, is a sentence to pay an amount, not to exceed:

(A) Three hundred fifty thousand dollars ($350,000) for a Class A felony;

(B) Three hundred thousand dollars ($300,000) for a Class B felony;

(D) One hundred twenty-five thousand dollars ($125,000) for a Class D felony; and

(E) Fifty thousand dollars ($50,000) for a Class E felony.

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(2) If a special fine for a corporation is expressly specified in the statute that defines

an offense, the fine fixed shall be within the limits specified in the statute.

(d) A sentence for a misdemeanor is a determinate sentence.

(e) The authorized terms of imprisonment and fines for misdemeanors are:

(1) Class A misdemeanor, not greater than eleven (11) months, twenty-nine (29) days

or a fine not to exceed two thousand five hundred dollars ($2,500), or both, unless

otherwise provided by statute;

(2) Class B misdemeanor, not greater than six (6) months or a fine not to exceed five

hundred dollars ($500), or both, unless otherwise provided by statute; and

(3) Class C misdemeanor, not greater than thirty (30) days or a fine not to exceed fifty

dollars ($50.00), or both, unless otherwise provided by statute.

(f) In order to furnish the general assembly with information necessary to make an

informed determination as to whether the increase in the cost of living and changes in

income for residents of Tennessee has resulted in the minimum and maximum

authorized fine ranges no longer being commensurate with the amount of fine

deserved for the offense committed, every five (5) years, on or before January 15, the

fiscal review committee shall report to the chief clerks of the senate and the house of

representatives of the general assembly the percentage of change in the average

consumer price index (all items-city average) as published by the United States

department of labor, bureau of labor statistics and shall inform the general assembly

what the statutory minimum and maximum authorized fine for each offense

classification would be if adjusted to reflect the compounded cost-of-living increases

during the five-year period.

Tenn. Code Ann. §40-35-112: Sentence ranges

(a) A "Range I" sentence is as follows:

(1) For a Class A felony, not less than fifteen (15) nor more than twenty-

five (25) years;

(2) For a Class B felony, not less than eight (8) nor more than twelve (12) years;

(3) For a Class C felony, not less than three (3) nor more than six (6) years;

(4) For a Class D felony, not less than two (2) nor more than four (4) years; and

(5) For a Class E felony, not less than one (1) nor more than two (2) years.

(b) A "Range II" sentence is as follows:

(1) For a Class A felony, not less than twenty-five (25) nor more than

forty (40) years;

(2) For a Class B felony, not less than twelve (12) nor more than twenty (20)

years;

(3) For a Class C felony, not less than six (6) nor more than ten (10) years;

(4) For a Class D felony, not less than four (4) nor more than eight (8) years; and

(5) For a Class E felony, not less than two (2) nor more than four (4) years.

(1) For a Class A felony, not less than forty (40) nor more than sixty (60) years;

(2) For a Class B felony, not less than twenty (20) nor more than thirty (30)

years;

(3) For a Class C felony, not less than ten (10) nor more than fifteen (15) years;

(4) For a Class D felony, not less than eight (8) nor more than twelve (12) years;

and

(5) For a Class E felony, not less than four (4) nor more than six (6) years.

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Tenn. Code Ann. §40-35-117 (2008): Applicability of chapter

(a) All persons who commit crimes on or after November 1, 1989, shall be tried and

sentenced under the provisions of this chapter.

(b) Unless prohibited by the United States or Tennessee constitutions, any person

sentenced on or after November 1, 1989, for an offense committed between July 1,

1982, and November 1, 1989, shall be sentenced under the provisions of this

chapter.

and remain in full force and effect in every respect, including, but not limited to,

sentencing, parole and probation.

Tenn. Code Ann. §40-35-118 (2008): Classification of repealed pre-1989 offenses

(a) For the purpose of determining the classification of felony offenses in title 39

committed prior to November 1, 1989, the following classifications shall be used:

Code Section Offense Class

39-3703 First degree criminal sexual conduct

39-1-604, 606 Conspiracy to take a human life

39-2-103 Assault with intent to commit first degree murder

39-2-202 First degree murder

39-2-212 Second degree murder

39-2-301(c) Aggravated kidnapping

39-2-305 Prisoners holding hostages

39-2-304 Unlawful representation to obtain ransom

39-2-603 Aggravated rape

39-2-640 Abduction of female from parents or guardian for purposes of

prostitution

39-3-201 Aggravated

39-3-701 Willful injury by explosives

39-5-803 Treason

39-6-109 Adulteration of foods, liquors or pharmaceuticals (death occurs)

39-6-204 Obstruction or damage to railroad tracks resulting in death

39-6-619(a) Killing an officer while arresting a person on a charge of unlawful

gaming

39-6-915(a) Furnishing intoxicating liquor which results in death (second degree

murder)

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39-3704 Second degree criminal sexual conduct

39-1-607 Conspiracy to sabotage a nuclear production facility

39-1-609 Conspiracy to commit illegal act capable of destroying human life by

possession, use or transportation of explosives

39-1-610 Conspiracy by convicts to kill

39-2-301(e) Assault with intent to commit or attempt commit aggravated kidnapping

39-2-303 Kidnapping child under 16

39-2-501 Robbery by use of a deadly weapon

39-2-502 Bank robbery

39-2-604 Rape

39-2-606 Aggravated sexual battery

39-3-210 Causing injury to person by use of fire bomb

39-4-422 Aggravated child abuse

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39-5-712 Rebellion by convict with intent to kill or escape

39-6-109 Adulteration of food product or drug (injury)

39-6-203 Obstruction or damage to railroad tracks resulting in injury

39-6-417(a)(1)(A) Manufacture, delivery, sale or possession with intent to do same of

Schedule I controlled substance

39-6-417(c) Manufacture, delivery or sale of certain amount of controlled substances

39-6-417(d) Habitual drug offender

39-6-418 Person over 18 distributing Schedule I controlled substance to person

under 18 who is at least 3 years such person’s junior

39-6-418 Person over 18 distributing Schedule II controlled substance to person

under 18 who is at least 3 years such person’s junior

39-6-419 Second or subsequent conviction for violation of § 39-6-417, Schedule I

39-6-419 Second or subsequent conviction for violation of § 39-6-417, Schedule II

39-6-619(b) Wounding officer while arresting person on charge of unlawful gaming

39-6-1137 Using minors for obscene purposes

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39-1-503 Attempt to commit sabotage

39-1-606 Conspiracy to inflict punishment, take human life or burn or destroy

property

39-1-610 Conspiracy by convicts to escape

39-2-101 Aggravated assault

39-2-107 Assault from ambush with a deadly weapon

39-2-109 Assault with deadly weapon while in disguise

39-2-110 Assault by a juvenile 16 or older confined in an institution

39-2-112 Mayhem

39-2-115 Malicious shooting or stabbing

39-2-115 Shooting or throwing missile calculated to cause death or bodily injury at or

into a dwelling or vehicle

39-2-116 Throwing object at common carrier vehicle with intent to do bodily harm

where bodily harm occurs

39-2-117 Injury to person during state of emergency

39-2-118 Negligence by steamboat operator causing death

39-2-222 Voluntary manslaughter

39-2-231(a) Vehicular homicide as a result of conduct creating substantial risk of death

or serious bodily injury

39-2-231(b) Vehicular homicide as a result of driver’s intoxication

39-2-234 Negligence by train operator resulting in death

39-2-302 Kidnapping

39-2-501 Robbery

39-2-608(a) Assault with intent to commit rape

39-2-612 Crimes against nature

39-2-613 Forcible marriage or abduction of female

39-3-202 Setting fire or procuring same on building or structure

39-3-205 Burning of insured property

39-3-401 Burglary of dwelling by night

39-3-403 Burglary of dwelling by day

39-3-702 Manufacture/possession of explosives for burglarious purposes or

burglary with explosives

39-3-703 Malicious injury to structures with explosives

39-4-306 Incest

39-5-101 Bribery or offering to bribe officer

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39-5-102 Officer accepting bribe

39-5-103 Bribing or offering to bribe peace officer or state, county or municipal

employee

39-5-105 Bribery of court official or juror

39-5-106 Court official or juror accepting bribe

39-5-108 Offering bribe to officer selecting or summoning jury

39-5-109 Officer accepting bribe or permitting deputy to violate § 39-5-108 or § 39- 5-420

39-5-112(a) Bargaining sales in regard to public office

39-5-112(b) Sale of public office

39-5-112(c) Offer to buy public office

39-5-112(d) Refusal to qualify and discharge duties of public office by reason of

pecuniary consideration

39-5-112(e) Procuring resignation of officer

39-5-115 Bribery of witness in felony prosecution

39-5-201 Introduction of prohibited items upon or onto grounds of penal institution

39-5-202 Introduction of weapons or drugs in the local jail or workhouse

39-5-408 Use of public money by state treasurer or other public officer

39-5-409 Embezzlement of public money or property

39-5-508 Corruptly stealing, withdrawing or avoiding records and judicial

proceedings

39-5-522 Juror agreeing to give verdict or receiving improper evidence

39-5-804 Misprision of treason

39-5-805 Sedition

39-5-813 Destruction, injury or interference with property so as to hinder preparation

for defense or war

39-5-814 Causing defects in war preparation

39-6-417(a)(1)(B) Manufacture, delivery, sale or possession of Schedule II controlled

substances

39-6-418 Person over 18 distributing Schedule III controlled substances to person

under 18 who is 3 years such person’s junior

39-6-418 Person over 18 distributing Schedule IV controlled substances to person

under 18 who is 3 years such person’s junior

39-6-419 Second or subsequent conviction for violation of § 39-6-417, Schedule III

39-6-419 Second or subsequent conviction for violation of § 39-6-417, Schedule IV

39-6-915(a) Furnishing intoxicating liquor which causes death (voluntary manslaughter)

39-6-915(b) Furnishing intoxicating liquor which causes paralysis or impairment of

sight

39-6-1138(b) Promoting performances which include sexual conduct by child

39-6-1138(c) Parents consenting to child’s participation in performance which

includes sexual conduct

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39-3705 Third degree criminal sexual conduct

39-1-504 Attempt to destroy property by fire bomb

39-1-604(a) Conspiracy to commit felony on person of another

39-1-604 Conspiracy to indict or prosecute innocent person for felony

39-1-605 Conspiracy to commit offense against state or violate election laws

39-1-606 Conspiracy to destroy property

39-1-608 Conspiracy to commit arson

39-1-609 Conspiracy to commit illegal act capable of destroying property by

possession, use or transportation of explosives

39-1-613 Conspiracy to use fire bomb

39-2-104 Assault with intent to commit robbery

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39-2-701 Threats for purpose of extortion or obtaining action

39-2-702 Use of intimidation or coercion to influence state official

39-2-707 Night riders using intimidation to prevent disposal of farm products

39-2-708 Night riders using intimidation to compel dismissal of laborers

39-2-709 Inciting or conspiring to commit offense under § 39-2-707 or § 39-2-708

39-2-710 Burning of cross or religious symbol

39-3-125 Stealing livestock

39-3-129 Receiving stolen livestock

39-3-204 Setting fire to any material or thing with intent to burn building or other

thing

39-3-402 Breaking after entry into dwelling

39-3-404 Burglary of business

39-3-505 Misuse of credit card over $200

39-3-506 Misrepresentation of amount of money, goods, and services furnished on

credit card where difference exceeds $100

39-3-512 Obtaining goods, property or services by false or fraudulent use of credit

card over $200

39-3-607 Interference with E.F.T.S. system

39-3-703(a) Malicious injury to structures with explosives

39-3-901 Obtaining property by false pretense over $200

39-3-902 Receiving property obtained under false pretense over $200

39-3-906 Fraudulent breach of trust by disposition of collateral or proceeds under

security agreement over $200

39-3-907 Fraudulent breach of trust over $200

39-3-927(a) Disposal of consumer goods subject to UCC security interest over $200

39-3-927(b) Disposal of property covered by mortgage or trust deed over $200

39-3-932 Destruction or concealment of public records over $200

39-3-946 False impersonation to obtain property over $200

39-3-1104 Grand larceny

39-3-1106 Larceny from the person

39-3-1107 Feloniously stealing or taking by robbery any public records or valuable

papers

39-3-1109 Corruptly stealing, withdrawing or avoiding public papers

39-3-1111 Severing and carrying away fixtures, products or minerals from land over

$200

39-3-1112 Receiving stolen goods valued over $200

39-3-1114 Receiving personal property stolen out of state over $200

39-3-1115 Bringing stolen property into state over $200

39-3-1116 Receiving stolen public records or valuable papers

39-3-1117 Wrongful appropriation of property found over $200

39-3-1118 Appropriation of property by person having custody over $200

39-3-1119 Contract of bailment or agency to make wrongful appropriation over $200

39-3-1120 Conversion of trust fund by executor, administrator, guardian or trustee

over $200

39-3-1121 Embezzlement by private officer, clerk or employee over $200

39-3-1123 Receiving embezzled property over $200

39-3-1132 Transfer of recorded devices or manufacture or distribution without

consent of owner (second offense)

39-3-1404(b) Intentionally damaging or destroying computer system

39-3-1404(c) Concealing proceeds of computer crime

39-4-206 Failure to preserve life of infant prematurely born alive during abortion

298

39-5-104 Peace officer or state, county or municipal employee accepting bribe

39-6-211 Destruction of steamboat of value over $500

39-6-417(a)(1)(C) Manufacture, delivery or sale of Schedule III controlled substance

39-6-417(a)(1)(D) Manufacture, delivery or sale of Schedule IV controlled substance

39-6-418 Person over 18 distributing Schedule V controlled substances to person

under 18 who is 3 years such person’s junior

39-6-418 Person over 18 distributing Schedule VI controlled substance to person

under 18 who is 3 years such person’s junior

39-6-418 Person over 18 distributing Schedule VII controlled substance to person

under 18 who is 3 years such person’s junior

39-6-419 Second or subsequent conviction for violation of § 39-6-417, Schedule V

39-6-419 Second or subsequent conviction for violation of § 39-6-417, Schedule VI

39-6-419 Second or subsequent conviction for violation of § 39-6-417, Schedule VII

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39-1-307 Accessories after the fact

39-1-504 Attempt to destroy property by fire bomb

39-1-506 Attempt to destroy property by placing explosives

39-1-611 Conspiracy by juvenile 16 or older confined in an institution to commit

offenses outlined in § 39-1-110 (assault by juvenile 16 or older confined in

institution), § 39-2-344 (participation in riot by juvenile 16 or older confined

in an institution)

39-1-614 Conspiracy to commit sabotage

39-1-615 Conspiracy to riot

39-2-102 Assault with intent to commit felony

39-2-118 Negligence by steamboat operator causing injury

39-2-223 Involuntary manslaughter

39-2-605 Statutory rape

39-2-607 Sexual battery

39-2-608(b) Assault with intent to commit sexual battery

39-2-635 Procuring female for prostitution

39-2-639 Enticing female, previously reputed virtuous, to house of ill fame

39-3-102 Unlawful killing of horses, cattle, or sheep

39-3-105 Animal fighting other than cocks

39-3-203 Setting fire to property other than building or structure

39-3-206 Maliciously setting a fire on land of another

39-3-209 Causing fire of personal property by use of fire bomb

39-3-211 Possession of fire bomb or materials

39-3-212 Manufacture or disposal of fire bomb

39-3-301 Knowingly drawing check or order in excess of $100 without sufficient

funds

39-3-306 Employer giving employee check in excess of $100 with fraudulent intent

39-3-406 Breaking into vehicles

39-3-408 Carrying burglary tools

39-3-503 False statement to procure credit card

39-3-504 Credit card theft or forgery

39-3-505 Misuse of credit card under $200

39-3-506 Misrepresentation of amount of money, goods or services furnished on

credit card where difference does not exceed $100

39-3-507 Completion of incomplete credit card or duplication without consent of

owner

39-3-508 Receipt of money, goods or services obtained in violation of credit card

299

laws

39-3-512 Obtaining goods, property or services by false or fraudulent use of credit

card under $200

39-3-603 Making false statements to obtain issuance of debit card

39-3-604 Debit card offenses under $200

39-3-605 Misuse of debit cards under $200

39-3-606 Completion of incomplete or duplication of debit card without consent of

owner

39-3-608 Use of stolen cards or illegally possessed debit card

39-3-609 Misrepresentation of amount of money, goods or services furnished on

debit card

39-3-610 Card holder using card after reporting it stolen or lost

39-3-703(b) Malicious injury to personal property over $25.00 with explosives

39-3-706 Unauthorized possession or transportation of explosives

39-3-710 False or malicious reports of explosives in building or structure

39-3-711 Convicted felon carrying explosives

39-3-803 Forging or counterfeiting of instrument or currency

39-3-804 Transfer of forged paper

39-3-805 Making counterfeit instrument of fictitious corporation or person

39-3-806 Affixing fictitious signature to instrument of fictitious corporation or

company

39-3-807 Passing counterfeit bank bill which circulates as currency

39-3-808 Possession of counterfeit bank bill

39-3-809 Completing counterfeit bills or instruments

39-3-810 Altering counterfeit bills or instruments

39-3-811 Preparation of counterfeit bills or plate

39-3-812 Possession of counterfeit stamp or plate

39-3-813 Making bank paper

39-3-814 Making or mending paper, molds, or machines used in preparing bank

paper

39-3-815 Counterfeiting coin

39-3-816 Adulteration of coin

39-3-817 Possession or passing of counterfeit coin

39-3-818 Making or concealing counterfeit machines

39-3-819 Making or possessing adulterated metal for conversion into counterfeit

coin

39-3-901 Obtaining property by false pretense under $200

39-3-902 Receiving property obtained under false pretense under $200

39-3-906 Fraudulent breach of trust by disposition of collateral proceeds under

security agreement under $200

39-3-907 Fraudulent breach of trust under $200

39-3-913 Selling animal under false representation of pedigree

39-3-914 Giving false impression of death

39-3-919(a) Packing foreign objects in cotton or tobacco

39-3-919(b) Person from adjoining state selling cotton containing foreign objects in

this state

39-3-926(b) Removal from state of personal property subject to UCC security

interest

39-3-926(c) Removal from state of property embraced by mortgage or trust

deed

39-3-926(d) Removal from state of property the title to which is retained

under conditional sales contract

300

39-3-927(a) Disposal of consumer goods subject to UCC security interest under

$200

39-3-927(b) Disposal of property covered by mortgage or trust deed under $200

39-3-930 Granting of security interest in personal property without title

39-3-932 Destruction or concealment of public record under $200

39-3-933 Destruction or concealment of will

39-3-936 Second or subsequent conviction for possession, sale or transfer of any

apparatus for theft of telecommunication service

39-3-944 Falsification of medical records or hospital bill

39-3-946 False personation to obtain property under $200

39-3-948 False or fraudulent insurance claim

39-3-949 False entries in books or records with intent to defraud

39-3-951 Issuing false stock certificates

39-3-1104 Petit larceny

39-3-1111 Severing and carrying away fixtures, products or minerals from land under

$100

39-3-1113 Receiving stolen goods valued under $200

39-3-1114 Receiving personal property stolen out of state under $200

39-3-1115 Bringing stolen property into state under $200

39-3-1117 Wrongful appropriation of property found under $200

39-3-1118 Appropriation of property by person having custody under $200

39-3-1119 Contract of bailment or agency to make wrongful appropriation under $200

39-3-1120 Conversion of trust fund by executor, administrator, guardian or trustee

under $200

39-3-1121 Embezzlement by private officer, clerk or employee under $200

39-3-1123 Receiving embezzled property under $200

39-3-1124 Third or subsequent shoplifting conviction

39-3-1125 Third or subsequent conviction for concealment of unpurchased goods

(regardless of value of merchandise concealed)

39-3-1126 Theft, embezzlement or copying trade secret

39-3-1132 Transfer of recorded devices or manufacture or distribution without

consent of owner

39-3-1134 Offenses against parking meter

39-3-1135 Third offense for unauthorized taking, concealing or possession of library

material

39-3-1206 Malicious trespass on farmland

39-3-1311 Destruction of land or line marks

39-3-1313 Destruction of tobacco plant bed or other plant beds; aiding and abetting

destruction of plant bed

39-3-1318 Cutting or removing timber from land of another for purpose of marketing

39-3-1320 Cutting or destroying building or fences on public land

39-3-1324 Tapping or entering telegraph, telephone, electric light and poles or gas

lines

39-3-1327 Vandalism of houses of worship, graveyards, cemetery and excavation

and archaeological sites

39-3-1404(a) Willfully gaining access to computer system with intent to defraud

39-4-111 Leaving state after abandoning wife

39-4-112 Leaving state after abandoning child

39-4-113 Leaving state after court order for support

39-4-201 Performance of criminal abortion

39-4-208 Failure to obtain consent before abortion

39-4-208 Unlawful research and experimentation upon aborted fetus

301

39-4-301 Bigamy

39-4-304 Marrying husband or wife of another

39-4-305 Teaching or inducing to practice polygamy

39-4-307 Begetting child on wife’s sister

39-4-402 Exposing child to inclement weather

39-5-114 Bribery of or acceptance of bribe in connection with athletic sporting event

39-5-301 Personating another in judicial proceedings

39-5-407 State treasurer or other officer receiving interest or reward for deposit of

public funds

39-5-415 Officer having custody of a convicted felon voluntarily permitting escape

39-5-416 Penitentiary official voluntarily permitting escape

39-5-420 Corruptly appointing jurors

39-5-421 False certification that conveyance of property was proven or

acknowledged

39-5-422 False noting, recording, registering or certifying conveyance of property

39-5-433 Lobbying members of general assembly

39-5-434 Absence of legislator for purposes of obstruction of business of general

assembly

39-5-435 Refusal of officer of bank or other corporation to deliver books or other

documents to general assembly

39-5-501 Compounding offense punishable with death or life imprisonment

39-5-507 Encouraging disruption of communication to police and firefighters

39-5-509(a) Interference with working of prisoners

39-5-509(b) Leading mob to interfere with working of prisoners

39-5-521 Intimidation of juror’s family

39-5-601 Perjury

39-5-604 Subornation of perjury

39-5-605 Perjury or subornation of perjury on trial for felony

39-5-606 Misstatement of facts in an affidavit for parole/pardon

39-5-701 Rescue of person in lawful custody for felony arrest or conviction

39-5-702 Escape or attempt to escape from penitentiary

39-5-703 Aiding and abetting escape or attempt to escape from penitentiary

39-5-706 Escape or attempt to escape from local jail or workhouse

39-5-708 Aiding or assisting prisoner to escape from place of confinement

39-5-711 Aiding inmate of state institution to escape

39-5-720 Bail jumping in case of felony

39-5-833 Membership in communist party

39-5-843 Mutilating or casting contempt on United States or Tennessee flag

39-5-847 Willful destruction or desecration of United States flag

39-5-848 Destruction of selective service card

39-6-108 Offering or giving poisonous treat, candy or gift to another

39-6-202 Obstruction of or injury to railroad tracks or equipment

39-6-208 Cutting or taking property of electric railway

39-6-210 Racing steamboat resulting in accident

39-6-212 Destruction of steamboat with value under $500

39-6-310 Entering campuses, buildings, to incite public disturbance or violence

39-6-322 Participating in, organizing or inciting to riot

39-6-323 Interference with officers during riot

39-6-324 Looting

39-6-341 Entering school property to participate in riot

39-6-344 Participation in riot by juvenile 16 or older confined in an institution

39-6-345 Prisoners rioting or participating in riot

302

39-6-417 Third or subsequent conviction for possession of controlled substance

without valid prescription

39-6-417(a)(1)(E) Manufacture, delivery or sale of Schedule V controlled substance

39-6-417(a)(1)(F) Manufacture, delivery or sale of Schedule VI controlled substance

39-6-417(a)(1)(G) Manufacture, delivery or sale of Schedule VII controlled substance

39-6-452 Sale of glue for intoxication

39-6-454(a) Sale of imitation controlled substance

39-6-454(b) Manufacture of imitation controlled substance

39-6-608 Professional gambling

39-6-613 Keeping room or table for certain gambling

39-6-622 Keeping place for betting on horse race

39-6-626 Promoting prostitution

39-6-635 Illegally transporting pinball machine into state after 6/30/80

39-6-701 Destruction of cemetery monument or marker

39-6-702 Improper disposition of dead human body

39-6-705 Removal or disinterment of dead human body for purpose of sale

39-6-904 Second or subsequent violation of § 39-6-902 (unlawful sale of alcoholic

beverages) and § 39-6-903 (unlawful sale of intoxicating bitters)

39-6-908 Transportation of intoxicating liquors by common carrier (individual)

39-6-909 Personal transportation of intoxicating liquors

39-6-921 Second or subsequent conviction of unlawful storage of liquor for sale

39-6-1104 Third or subsequent conviction for importing, preparing, distributing,

possessing or appearing in obscene material

39-6-1139 Solicitation of person to massage or expose erogenous area for

compensation or permitting such solicitation

39-6-1504 Filing fraudulent solicitation statement with secretary of state

39-6-1522 Unauthorized interstate solicitation for police, judicial or safety association

39-6-1609 Cutting or causing break in levee

39-6-1713 Manufacture, possession or sale of sawed-off shotgun, sawed-off rifle or

machine gun

39-6-1716 Convicted felon carrying a firearm

39-6-1717 Carrying dangerous weapon into establishment licensed to sell alcoholic

beverages

39-6-1718 Possession of deadly weapon on school grounds

39-6-1719 Sale or possession of exploding bullets

(b) These classifications shall be used for sentencing after November 1, 1989, if the

offense was committed on or after July 1, 1982, and prior to November 1, 1989,

except first degree murder, which shall be punished by death or life imprisonment.

SENTENCING COMMISSION COMMENTS

This section classifies felony offenses in title 39 which were in existence prior to

November 1, 1989. This classification of prior offenses serves two purposes. First, prior

felonies are used to determine whether and to what extent a defendant's sentence

should be enhanced. Since felonies have only recently been classified, this section

designates the appropriate grade of the pre-November 1, 1989 conviction for purposes

of the classification determination. For example, if a defendant is convicted of

aggravated arson and has pre-November 1, 1989 convictions for second degree murder

and aggravated rape, it is necessary to ascertain the classification of those prior

convictions to determine whether the defendant's aggravated arson sentence can be

enhanced into Range II or Range III. Second degree murder and aggravated rape are

303

classified as Class A felonies. Under the criteria for sentencing as a persistent offender

in § 40-35-107, the defendant must receive a Range III sentence.

Second, persons sentenced on or after November 1, 1989, for an offense committed

between July 1, 1982 and November 1, 1989, must be sentenced under the provisions

of this chapter. See, § 40-35-117(b). The new definitions and classifications cannot be

utilized for offenses which occurred prior to November 1, 1989, because, in many

instances, the elements of the offense are completely different. Consequently, except

for first degree murder pursuant to § 39-11-117(b), this section sets forth the felony

classification which is to be utilized for those offenses which occurred prior to November

1, 1989, when the sentencing takes place after that date. For example, if a defendant is

convicted for the offense of first degree burglary which occurred prior to November 1,

1989, but the defendant is sentenced after that date, then this table of classification

discloses that first degree burglary is punished as a Class C felony. As noted in § 40-

35-111(b)(3), a Class C felony carries a sentence of not less than 3 nor more than

15 years. The precise sentence within that classification depends on the defendant's

prior record which determines whether the defendant will be sentenced within Range I,

II, or III.

The classification of prior offenses in this section determines sentencing for those

offenses which were in existence prior to November 1, 1989, as set forth in title 39. It

should be noted, however, that first degree murder is classified as a Class A felony in

this section. However, pursuant to § 39-11-117(b), this classification is only utilized

where the first degree murder conviction is part of the prior record of a defendant being

sentenced for a subsequent offense. In all instances, both prior to November 1, 1989,

and after that date, first degree murder is punished as a capital offense.

The offenses contained in titles other than title 39 have been amended directly by

altering the punishment with specified felony or misdemeanor classifications. Since the

elements of those offenses have not been changed, the punishment for those offenses

can be ascertained by referring directly to the particular statute itself.

These classifications shall be used for sentencing after November 1, 1989, if the

offense was committed on or after July 1, 1982, and prior to November 1, 1989, except

first degree murder, which shall be punished by death or life imprisonment.

Tenn. Code Ann. §40-35-119 (2008): Classification of prior unclassified felony

offenses

Any prior felony offense committed between July 1, 1982, and November 1, 1989, which

has not been classified pursuant to § 40-35-118 or otherwise, is a Class E felony.

304

MITIGATING FACTORS

The following statutes detail how a sentence may be reduced due to circumstances

making a crime less severe. The statutes also explain who may have his or her

sentences reduced.

Tenn. Code Ann. §40-34-108: Maximum reduction of sentence

(a)

(1)

(A) Notwithstanding any other law to the contrary, no sentence credits authorized by

§ 41-21-236 or any other provision of law, or no sentence contract authorized by

this chapter or any other provision of law shall have the effect of reducing the

amount of time an inmate must serve before the inmate's earliest release

eligibility date, undiminished by the sentence credits, by more than thirty-five

percent (35%).

(B) For inmates sentenced for offenses committed on or after January 1, 1988, no

sentence credits or no sentence contract shall have the effect of reducing the

amount of time an inmate must serve before the inmate's earliest release

eligibility date, undiminished by the sentence credits, by more than thirty percent

(30%).

(2) The sentencing commission shall review the effect of these provisions as part of its

duties under law.

(b) As used in this section, “sentence credits” includes any credit, whether called such or

not, that results in a reduction of the amount of time an inmate must serve on the

original sentence or sentences. This section shall not be applicable when the powers

granted pursuant to title 41, chapter 1 are in effect to reduce prison overcrowding.

Tenn. Code Ann. §40-35-109: Especially mitigated offender

(a) The court may find the defendant is an especially mitigated offender, if:

(1) The defendant has no prior felony convictions; and

(2) The court finds mitigating, but no enhancement factors.

(b) If the court finds the defendant an especially mitigated offender, the court shall reduce

the defendant's statutory Range I minimum sentence by ten percent (10%), or reduce

the release eligibility date to twenty percent (20%) of the sentence, or both reductions.

If the court employs both reductions, the calculation for release eligibility shall be

made by first reducing the sentence and then reducing the release eligibility to twenty

percent (20%).

conviction shall so reflect.

(d) The finding that a defendant is or is not an especially mitigated offender is appealable

by either party.

SENTENCING COMMISSION COMMENTS:

As noted in the comments to § 40-35-101, sentences have been divided into one of

three ranges. The sentencing ranges are governed by the presence or absence of prior

convictions. If a defendant has little or no prior criminal record, such defendant would

normally be sentenced within Range I as a standard offender. See § 40-35-105.

However, there are instances where the trial judge may desire to depart from even the

minimum sentence for a Range I offender and impose lesser penalties. In such

instances, the judge may designate the defendant as an "especially mitigated offender"

under the provisions of this section. If the judge designates the defendant for this

category, the judge has the option of reducing the minimum sentence by 10 percent or

reducing the release eligibility date to 20 percent or both options. [. . .]

305

Tenn. Code Ann. §40-35-113 (2008): Mitigating factors

If appropriate for the offense, mitigating factors may include, but are not limited to:

(1) The defendant's criminal conduct neither caused nor threatened serious bodily

injury;

(2) The defendant acted under strong provocation;

(3) Substantial grounds exist tending to excuse or justify the defendant's criminal

conduct, though failing to establish a defense;

(4) The defendant played a minor role in the commission of the offense;

(5) Before detection, the defendant compensated or made a good faith attempt to

compensate the victim of criminal conduct for the damage or injury the victim

sustained;

(6) The defendant, because of youth or old age, lacked substantial judgment in

committing the offense;

(7) The defendant was motivated by a desire to provide necessities for the defendant's

family or the defendant's self;

(8) The defendant was suffering from a mental or physical condition that significantly

reduced the defendant's culpability for the offense; however, the voluntary use of

intoxicants does not fall within the purview of this factor;

(9) The defendant assisted the authorities in uncovering offenses committed by other

persons or in detecting or apprehending other persons who had committed the

offenses;

(10) The defendant assisted the authorities in locating or recovering any property or

person involved in the crime;

(11) The defendant, although guilty of the crime, committed the offense under such

unusual circumstances that it is unlikely that a sustained intent to violate the law

motivated the criminal conduct;

(12) The defendant acted under duress or under the domination of another person,

even though the duress or the domination of another person is not sufficient to

constitute a defense to the crime; and

(13) Any other factor consistent with the purposes of this chapter.

SENTENCING COMMISSION COMMENTS:

[. . .] It should be observed that the list is not exclusive and the final portion of this

section provides that the trial judge may consider “any other factor consistent with the

purposes of this chapter.” There has been a tendency to perceive mitigating factors as

"statutory" and "non-statutory" in the sense that the latter are somehow of less

significance than the former. The commission believes that appropriate sentencing

determinations should be made on the basis of all relevant information presented to the

trial judge. [. . .]

ENHANCEMENT FACTORS

The following statutes define and categorize certain offenders for the purposes of

sentencing. Generally, the more often the person breaks the law, the longer the

sentence. If the enhancement factors are especially severe, bail may be revoked.

Tenn. Code Ann. §40-35-105 (2008): Standard offender

(a) A "standard offender" is a defendant not sentenced as:

(1) A multiple offender, as defined by § 40-35-106;

(2) A persistent offender, as defined by § 40-35-107;

(3) A career offender, as defined by § 40-35-108;

(4) An especially mitigated offender, as defined by § 40-35-109; or

(5) A repeat violent offender, as defined by § 40-35-120.

306

(b) The sentence for a standard offender is within Range I.

the sentencing court to be completed.

Tenn. Code Ann. §40-35-106: Multiple offender

(a) A multiple offender is a defendant who has received:

(1) A minimum of two (2) but not more than four (4) prior felony convictions within the

conviction class, a higher class, or within the next two (2) lower felony classes,

where applicable; or

(2) One (1) Class A prior felony conviction if the defendant's conviction offense is a

Class A or B felony.

(b) In determining the number of prior convictions a defendant has received:

(1) “Prior conviction” means a conviction for an offense occurring prior to the

commission of the offense for which the defendant is being sentenced;

(2) All prior felony convictions, including those occurring prior to November 1, 1989,

are included;

(3)

(A) A finding or adjudication that a defendant committed an act as a juvenile that

would constitute a felony if committed by an adult and that resulted in a

transfer of the juvenile to criminal court pursuant to § 37-1-134, or similar

statutes of other states or jurisdictions, shall not be considered as a prior

conviction for the purposes of this section unless the juvenile was convicted of

a felony in a criminal court;

(B) Notwithstanding subdivision (b)(3)(A), a finding or adjudication that a

defendant committed an act as a juvenile that would constitute a Class A or

Class B felony if committed by an adult shall be considered as a prior

conviction for the purposes of this section, regardless of whether the juvenile

was transferred to criminal court pursuant to § 37-1-134, or similar statutes of

other states or jurisdictions;

(4) Except for convictions for which the statutory elements include serious bodily

injury, bodily injury, threatened serious bodily injury or threatened bodily injury to

the victim or victims, or convictions for the offense of aggravated burglary under §

39-13-1003, convictions for multiple felonies committed within the same twenty-

four-hour period constitute one (1) conviction for the purpose of determining prior

convictions; and

(5) Prior convictions include convictions under the laws of any other state,

government or country that, if committed in this state, would have constituted an

offense cognizable by the laws of this state. In the event that a felony from a

jurisdiction other than Tennessee is not a named felony in this state, the elements

of the offense shall be used by the Tennessee court to determine what

classification the offense is given.

offender shall receive a sentence within Range II.

(d) The finding that a defendant is or is not a multiple offender is appealable by either

party.

Tenn. Code Ann. §40-35-107 (2008): Persistent offender

(a) A "persistent offender" is a defendant who has received:

(1) Any combination of five (5) or more prior felony convictions within the conviction

class or higher, or within the next two (2) lower felony classes, where applicable; or

(2) At least two (2) Class A or any combination of three (3) Class A or Class B felony

convictions if the defendant's conviction offense is a Class A or B felony.

307

(b) In determining the number of prior convictions a defendant has received:

(1) “Prior conviction” means a conviction for an offense occurring prior to the

commission of the offense for which the defendant is being sentenced;

(2) All prior felony convictions including those occurring prior to November 1, 1989, are

included;

(3) A finding or adjudication that a defendant committed an act as a juvenile that would

constitute a felony if committed by an adult, and which resulted in a transfer of the

juvenile to criminal court pursuant to § 37-1-134, or similar statutes of other states

or jurisdictions, shall not be considered as a prior conviction for the purposes of this

section unless the juvenile was convicted of a felony in a criminal court;

(4) Except for convictions for which the statutory elements include serious bodily

injury, bodily injury, threatened serious bodily injury, or threatened bodily injury to

the victim or victims, convictions for multiple felonies committed within the same

twenty-four-hour period constitute one (1) conviction for the purpose of determining

prior convictions; and

(5) "Prior convictions" includes convictions under the laws of any other state,

government or country which, if committed in this state, would have constituted an

offense cognizable by the laws of this state. In the event that a felony from a

jurisdiction other than Tennessee is not a named felony in this state, the elements

of the offense shall be used by the Tennessee court to determine what

classification the offense is given.

offender shall receive a sentence within Range III.

(d) The finding that a defendant is or is not a persistent offender is appealable by either

party.

Tenn. Code Ann. §40-35-108 (2008): Career offender

(a) A career offender is a defendant who has received:

(1) Any combination of six (6) or more Class A, B or C prior felony convictions, and the

defendant's conviction offense is a Class A, B or C felony;

(2) At least three (3) Class A or any combination of four (4) Class A or Class B felony

convictions if the defendant's conviction offense is a Class A or B felony; or

(3) At least six (6) prior felony convictions of any classification if the defendant's

conviction offense is a Class D or E felony.

(b) In determining the number of prior convictions a defendant has received:

(1) “Prior conviction” means a conviction for an offense occurring prior to the

commission of the offense for which the defendant is being sentenced;

(2) All prior felony convictions, including those occurring prior to November 1, 1989, are

included;

(3)

(A) A finding or adjudication that a defendant committed an act as a juvenile that

would constitute a felony if committed by an adult and that resulted in a transfer of

the juvenile to criminal court pursuant to § 37-1-134 or similar statutes of other

states or jurisdictions shall not be considered as a prior conviction for the

purposes of this section, unless the juvenile was convicted of a felony in a criminal

court;

(B) Notwithstanding subdivision (b)(3)(A), a finding or adjudication that a defendant

committed an act as a juvenile that would constitute a Class A or Class B felony if

committed by an adult shall be considered as a prior conviction for the purposes of

this section, regardless of whether the juvenile was transferred to criminal court

pursuant to § 37-1-134, or similar statutes of other states or jurisdictions;

(4) Except for convictions for which the statutory elements include serious bodily injury,

308

bodily injury, threatened serious bodily injury or threatened bodily injury to the victim

or victims or convictions for the offense of aggravated burglary under § 39-13-1003,

convictions for multiple felonies committed within the same twenty-four-hour period

constitute one (1) conviction for the purpose of determining prior convictions; and

(5) “Prior convictions” includes convictions under the laws of any other state,

government or country that, if committed in this state, would have constituted an

offense cognizable by the laws of this state. In the event that a felony from a

jurisdiction other than Tennessee is not a named felony in this state, the elements of

the offense shall be used by the Tennessee court to determine what classification

the offense is given.

offender shall receive the maximum sentence within the applicable Range III.

(d) The finding that a defendant is or is not a career offender is appealable by either party.

Tenn. Code Ann. §40-35-114 (2008): Enhancement factors

If appropriate for the offense and if not already an essential element of the offense, the

court shall consider, but is not bound by, the following advisory factors in determining

whether to enhance a defendant's sentence:

(1) The defendant has a previous history of criminal convictions or criminal behavior, in

addition to those necessary to establish the appropriate range;

(2) The defendant was a leader in the commission of an offense involving two (2) or

more criminal actors;

(3) The offense involved more than one (1) victim;

(4) A victim of the offense was particularly vulnerable because of age or physical or

mental disability;

(5) The defendant treated, or allowed a victim to be treated, with exceptional cruelty

during the commission of the offense;

(6) The personal injuries inflicted upon, or the amount of damage to property sustained

by or taken from, the victim was particularly great;

(7) The offense involved a victim and was committed to gratify the defendant's desire

for pleasure or excitement;

(8) The defendant, before trial or sentencing, failed to comply with the conditions of a

sentence involving release into the community;

(9) The defendant possessed or employed a firearm, explosive device or other deadly

weapon during the commission of the offense;

(10) The defendant had no hesitation about committing a crime when the risk to

human life was high;

(11) The felony resulted in death or serious bodily injury, or involved the threat of

death or serious bodily injury, to another person, and the defendant has previously

been convicted of a felony that resulted in death or serious bodily injury;

(12) During the commission of the felony, the defendant intentionally inflicted serious

bodily injury upon another person, or the actions of the defendant resulted in the

death of, or serious bodily injury to, a victim or a person other than the intended

victim;

(13) At the time the felony was committed, one (1) of the following classifications was

applicable to the defendant:

(A) Released on bail or pretrial release, if the defendant is ultimately convicted of

the prior misdemeanor or felony;

(B) Released on parole;

(D) On work release;

(E) On community corrections;

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(F) On some form of judicially ordered release;

(G) On any other type of release into the community under the direct or indirect

supervision of any state or local governmental authority or a private entity

contracting with the state or a local government;

(H) On escape status; or

(I) Incarcerated in any penal institution on a misdemeanor or felony charge or a

misdemeanor or felony conviction;

(14) The defendant abused a position of public or private trust, or used a professional

license in a manner that significantly facilitated the commission or the fulfillment of

the offense;

(15) The defendant committed the offense on the grounds or facilities of a pre-

kindergarten through grade twelve (pre-K-12) public or private institution of

learning when minors were present;

(16) The defendant was adjudicated to have committed a delinquent act or acts as a

juvenile that would constitute a felony if committed by an adult;

(17) The defendant intentionally selected the person against whom the crime was

committed or selected the property that was damaged or otherwise affected by the

crime, in whole or in part, because of the defendant's belief or perception

regarding the race, religion, color, disability, sexual orientation, national origin,

ancestry or gender of that person or the owner or occupant of that property;

however, this subdivision (17) should not be construed to permit the enhancement

of a sexual offense on the basis of gender selection alone;

(18) The offense was an act of terrorism or was related to an act of terrorism;

(19) If the defendant is convicted of the offense of aggravated assault pursuant to §

39-13-102, the victim of the aggravated assault was a law enforcement officer,

firefighter, correctional officer, youth services officer, probation and parole officer,

a state registered security guard/officer, an employee of the department of

correction or the department of children's services, a uniformed member of the

armed forces or national guard, an emergency medical or rescue worker,

emergency medical technician or paramedic, whether compensated or acting as a

volunteer; provided, that the victim was performing an official duty and the

defendant knew or should have known that the victim was such an officer or

employee;

(20) If the defendant is convicted of the offenses of rape pursuant to § 39-13-503,

sexual battery pursuant to § 39-13-505 or rape of a child pursuant to § 39-13-

522, the defendant caused the victim to be mentally incapacitated or physically

helpless by use of a controlled substance or controlled substance analogue;

(21) If the defendant is convicted of the offenses of aggravated rape pursuant to § 39-

13-502, rape pursuant to § 39-13-503, rape of a child pursuant to § 39-13-522 or

statutory rape pursuant to § 39-13-506, the defendant knew or should have

known that, at the time of the offense, the defendant was HIV positive;

(22)

(A) If the defendant is convicted of the offenses of aggravated arson pursuant to §

39-14-302 or vandalism pursuant to § 39-14-408, the damage or destruction

was caused to a structure, whether temporary or permanent in nature, used as

a place of worship and the defendant knew or should have known that it was a

place of worship;

(B) As used in subdivision (22)(A), “place of worship” means any structure that is:

(i) Approved, or qualified to be approved, by the state board of equalization for

property tax exemption pursuant to § 67-5-212, based on ownership and use

of the structure by a religious institution; and

(ii) Utilized on a regular basis by a religious institution as the site of

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congregational services, rites or activities communally undertaken for the

purpose of worship;

(23) The defendant is an adult and sells to or gives or exchanges a controlled

substance, controlled substance analogue or other illegal drug with a minor;

(24) The offense involved the theft of property and, as a result of the manner in which

the offense was committed, the victim suffered significant damage to other

property belonging to the victim or for which the victim was responsible;

(25)

(A) The defendant commits an offense:

(i) During the time period between the first occurrence of events or conduct that

later results in a declaration of a state of emergency by a county, the

governor, or the president of the United States and the time the county,

governor, or the president of the United States terminates the state of

emergency, as provided in § 58-2-107;

(ii) Within the area or areas threatened by the emergency, as established by the

county's, governor's, or president's declaration of a state of emergency; and

(iii) Knowing of the existence of the emergency;

(B) As used in this subdivision (25):

(i) “Emergency” means an occurrence, or threat thereof, whether natural,

technological, or manmade, in war or in peace, that results or may result in

substantial injury or harm to the population, or substantial damage to or loss

of property; provided, that natural threats may include disease outbreaks and

epidemics; and

(ii) “Offense” means the defendant is convicted of a violation of § 39-14-103,

§ 39-14-104, § 39-14-408, or any other offense involving theft or vandalism

that is graded by value pursuant to § 39-14-105, and the value of the

property or service taken or property damaged is no greater than the value

provided in § 39-14-105 for a Class E felony;

(26) The defendant committed the offense of robbery pursuant to § 39-13-401,

aggravated robbery pursuant to § 39-13-402, or especially aggravated robbery

pursuant to § 39-13-403, on the premises of a licensed pharmacy in an effort to

unlawfully obtain, sell, give, or exchange a controlled substance, controlled

substance analogue, or other illegal drug;

(27) The defendant commits a violent offense, as classified in § 40-35-120(b), against

a uniformed law enforcement officer or uniformed member of the armed forces or

national guard; and the defendant intentionally selected the person against whom

the crime was committed, in whole or in part, because of the person's status as a

law enforcement officer or member of the armed forces or national guard;

(28) At the time the instant offense was committed, the defendant was illegally or

unlawfully in the United States; and

(29) The offense involved the theft of a firearm from a motor vehicle, as defined in §

55-1-103.

Tenn. Code Ann. §40-35-115 (2008): Multiple convictions

(a) If a defendant is convicted of more than one (1) criminal offense, the court shall

order sentences to run consecutively or concurrently as provided by the criteria in this

section.

(b) The court may order sentences to run consecutively if the court finds by a

preponderance of the evidence that:

(1) The defendant is a professional criminal who has knowingly devoted the

defendant's life to criminal acts as a major source of livelihood;

(2) The defendant is an offender whose record of criminal activity is extensive;

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(3) The defendant is a dangerous mentally abnormal person so declared by a

competent psychiatrist who concludes as a result of an investigation prior to

sentencing that the defendant's criminal conduct has been characterized by a

pattern of repetitive or compulsive behavior with heedless indifference to

consequences;

(4) The defendant is a dangerous offender whose behavior indicates little or no regard

for human life, and no hesitation about committing a crime in which the risk to

human life is high;

(5) The defendant is convicted of two (2) or more statutory offenses involving sexual

abuse of a minor with consideration of the aggravating circumstances arising from

the relationship between the defendant and victim or victims, the time span of

defendant's undetected sexual activity, the nature and scope of the sexual acts

and the extent of the residual, physical and mental damage to the victim or

victims;

(6) The defendant is sentenced for an offense committed while on probation; or

(7)The defendant is sentenced for criminal contempt.

appealable by either party.

(d) Sentences shall be ordered to run concurrently, if the criteria noted in subsection (b)

are not met, unless consecutive sentences are specifically required by statute or the

Tennessee Rules of Criminal Procedure.

Tenn. Code Ann. §40-35-116 (2008): Revocation of bail on conviction

(a) If a defendant is convicted of first degree murder, a Class A felony, rape, aggravated

robbery, aggravated sexual battery, aggravated kidnapping, aggravated child abuse,

statutory rape by an authority figure, or a violation of § 39-17-417(b) or (i), the judge

shall revoke bail immediately, notwithstanding sentencing hearings, motions for a new

trial and related post-guilt determination hearings.

(b) If a defendant is convicted of any other felony offense, the judge may revoke bail

immediately, notwithstanding sentencing hearing, motion for a new trial and related

postguilt determination hearings.

pending the sentencing determination. Following sentencing, the defendant shall be

transferred to the custody of the authority to whom the defendant was sentenced.

(d) If a defendant is convicted of first degree murder, the judge may house the defendant

in a local jail or may transfer custody to the department of correction pending further

proceedings in the trial court.

Tenn. Code Ann. §40-35-120: Repeat violent offenders — "Three strikes"

(a) A “repeat violent offender” is a defendant who:

(1) Is convicted in this state on or after July 1, 1994, of any offense classified in

subdivision (b)(1) as a violent offense; and

(2) Has at least two (2) prior convictions for offenses classified in subdivision (b)(1) or

(b)(2) as a violent offense; or

(3) Is convicted in this state on or after July 1, 1994, of any offense classified in

subdivision (c)(1) as a violent offense; and

(4) Has at least one (1) conviction for an offense classified in subdivision (c)(1) or

(c)(2) as a violent offense; or

(5) Is convicted in this state on or after July 1, 1995, of any offense classified in

subdivision (d)(1) as a violent offense; and

(6) Has at least one (1) prior conviction for an offense classified in subdivision (d)(1)

or (d)(2) as a violent offense with the exception of the prior offense of robbery by

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use of a deadly weapon as listed in § 40-35-118(a).

(b)

(1) For purposes of subdivisions (a)(1) and (a)(2), the following offenses are classified

as violent offenses:

(A) First degree murder, including any attempt, solicitation or facilitation to commit

first degree murder;

(B) Second degree murder and any attempt or facilitation to commit second

degree murder;

especially aggravated kidnapping;

(D) Especially aggravated robbery and any attempt or facilitation to commit

especially aggravated robbery;

(E) Aggravated rape and any attempt or facilitation to commit aggravated rape;

(F) Rape of a child and any attempt or facilitation to commit rape of a child;

(G) Aggravated arson and any attempt or facilitation to commit aggravated arson;

(H) Aggravated kidnapping;

(I) Aggravated robbery;

(J) Rape;

(K) Aggravated sexual battery;

(L) Especially aggravated burglary;

(M) Aggravated child abuse;

(N) Aggravated sexual exploitation of minor; and

(O) Especially aggravated sexual exploitation of a minor.

(2) For purposes of subdivision (a)(2), the offenses that were repealed on

November 1, 1989, and are listed in § 40-35-118(a) as Class A or B felonies

against a person are classified as violent offenses.

(c)

(1) For purposes of subdivisions (a)(3) and (a)(4), the following offenses are classified

as violent offenses:

(A) First degree murder including any attempt, solicitation or facilitation to commit

first degree murder;

(B) Second degree murder;

(D) Especially aggravated robbery;

(E) Aggravated rape;

(F) Rape of a child; and

(G) Aggravated arson.

(2) For purposes of subdivision (a)(4), the offenses that were repealed on November

1, 1989, and are listed in § 40-35-118(a) as Class A felonies against a person are

classified as violent offenses.

(d)

(1) For purposes of subdivisions (a)(5) and (a)(6), the following offenses are classified

as violent offenses:

(A) First degree murder;

(B) Second degree murder;

(D) Especially aggravated robbery;

(E) Aggravated rape;

(F) Rape of a child;

(G) Aggravated arson;

(H) Aggravated kidnapping;

(I) Rape;

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(J) Aggravated sexual battery;

(K) Especially aggravated burglary;

(L) Aggravated child abuse;

(M) Aggravated sexual exploitation of a minor; and

(N) Especially aggravated sexual exploitation of a minor.

(2) For purposes of subdivision (a)(6), the offenses that were repealed on November

1, 1989, and are listed in § 40-35-118(a) as Class A or B felonies against a

person, with the exception of the offense of robbery by use of a deadly weapon,

are classified as violent offenses.

(e) In determining the number of prior convictions a defendant has received:

(1) “Prior conviction” means a defendant serves and is released from a period of

incarceration for the commission of an offense or offenses so that a defendant

must:

(A) To qualify under subdivision (a)(1) and (a)(2), have served two (2) separate

periods of incarceration for the commission of at least two (2) of the predicate

offenses designated in subdivision (b)(1) or (b)(2) before committing an

offense designated in subdivision (b)(1);

(B) To qualify under subdivision (a)(3) and (a)(4), at least one (1) separate period

of incarceration for the commission of a predicate offense designated in

subdivision (c)(1) or (c)(2) before committing an offense designated in

subdivision (c)(1); or

of incarceration for the commission of a predicate offense designated in

subdivision (d)(1) or (d)(2), with the exception of the prior offense of robbery

by use of a deadly weapon as listed in § 40-35-118(a), before committing an

offense designated in subdivision (d)(1);

(2) “Separate period of incarceration” includes a sentence to a community correction

program pursuant to chapter 36 of this title, a sentence to split confinement

pursuant to § 40-35-306 or a sentence to a periodic confinement pursuant to §

40-35-307. Any offense designated as a violent offense pursuant to subsection

(b), (c) or (d) that is committed while incarcerated or committed while the prisoner

is assigned to a program whereby the prisoner enjoys the privilege of supervised

release into the community, including, but not limited to, work release, educational

release, restitution release, medical furlough or that is committed while on escape

status from any correctional institution shall be considered as a separate period of

incarceration;

(3) A finding or adjudication that a defendant committed an act as a juvenile that is

designated a predicate offense under subsection (b), (c) or (d) if committed by an

adult, and that resulted in a transfer of the juvenile to criminal court pursuant to §

37-1-134, or similar statutes of other states or jurisdictions, shall not be considered

a prior conviction for the purposes of this section unless the juvenile was convicted

of the predicate offense in a criminal court and sentenced to confinement in the

department of correction; and

(4) “Prior convictions” include convictions under the laws of any other state,

government or country that, if committed in this state, would have constituted a

predicate offense in subsection (b), (c) or (d) if there are separate periods of

incarceration in the other state as required by subdivision (e)(1). If a felony from a

jurisdiction other than Tennessee is not a named predicate offense specified in

subsection (b), (c) or (d) in this state and if the elements of the felony are the

same as a designated predicate offense, it shall be considered a prior conviction;

provided, that there are separate periods of incarceration in the other state as

required in subdivision (e)(1).

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(f) The court shall refuse to accept a plea agreement that fails to recommend that a

defendant with a sufficient number of designated prior convictions be sentenced as a

repeat violent offender. If the judge refuses to accept the plea agreement, this does

not prevent the district attorney general, in accordance with Rule 7 of the Tennessee

Rules of Criminal Procedure, from amending the indicted offense to an offense that

is not designated as a violent offense in subsection (b) or (c).

(g) The court shall sentence a defendant who has been convicted of any offense listed

in subdivision (b)(1), (c)(1) or (d)(1) to imprisonment for life without possibility of

parole if the court finds beyond a reasonable doubt that the defendant is a repeat

violent offender as defined in subsection (a).

(h) The finding that a defendant is or is not a repeat violent offender is appealable by

either party.

(i)

(1)

(A) A charge as a repeat violent offender shall be tried within one hundred eighty

(180) days of the arraignment on the indictment pursuant to Rule 10 of the

Tennessee Rules of Criminal Procedure unless delay is caused by:

(i) The defendant;

(ii) An examination for competency;

(iii) A competency hearing;

(iv) An adjudication of incompetency for trial;

(v) A continuance allowed after a court's determination of the defendant's

physical incapacity for a trial; or

(vi) An interlocutory appeal.

(B) A continuance may be granted to any party, including the court, for good cause

shown.

(2) The district attorney general shall file a statement with the court and the defense

counsel within forty-five (45) days of the arraignment pursuant to Rule 10 of the

Rules of Criminal Procedure that the defendant is a repeat violent offender. The

statement, which shall not be made known to the jury determining the guilt or

innocence of the defendant, shall set forth the dates of the prior periods of

incarceration, as well as the nature of the prior conviction offenses. If the notice is

not filed within forty-five (45) days of the arraignment, the defendant shall be

granted a continuance so that the defendant will have forty-five (45) days between

receipt of notice and trial.

(3) Failure to comply with this subsection (i) does not require release of a person from

custody or a dismissal of charges.

SPECIAL OFFENSES

Many times, the Sentencing Commission will set out special punishments for crimes it

considers especially offensive or problematic, such as gang activity. Knowledge of this

information may be useful if, for instance, the person involved in an animal crime is also

a member of a gang and has prior such offenses that may or may not involve animals.

In this case, a harsher punishment than that originally available may be sought.

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Tenn. Code Ann. §40-35-121: Criminal gang offenses — Enhanced punishment –

Procedure

(a) As used in this section, unless the context otherwise requires:

(1) “Criminal gang” means a formal or informal ongoing organization, association or

group consisting of three (3) or more persons that has:

(A) As one (1) of its primary activities, the commission of criminal gang offenses;

(B) Two (2) or more members who, individually or collectively, engage in or have

engaged in a pattern of criminal gang activity;

(2) “Criminal gang member” is a person who is a member of a criminal gang, as defined

in subdivision (a)(1), who meets two (2) or more of the following criteria:

(A) Admits to criminal gang involvement;

(B) Is identified as a criminal gang member by a parent or guardian;

(D) Resides in or frequents a particular criminal gang's area, adopts their style or

dress, their use of hand signs or their tattoos and associates with known criminal

gang members;

(E) Is identified as a criminal gang member by an informant of previously untested

reliability and the identification is corroborated by independent information;

(F) Has been arrested more than once in the company of identified criminal gang

members for offenses that are consistent with usual criminal gang activity; or

(G) Is identified as a criminal gang member by physical evidence such as

photographs or other documentation;

(3) “Criminal gang offense” means:

(A) A criminal offense committed prior to July 1, 2013 that:

(i) During the perpetration of which the defendant knowingly causes, or

threatens to cause, death or bodily injury to another person or persons and

specifically includes rape of a child, aggravated rape and rape; or

(ii) Results, or was intended to result, in the defendant's receiving income,

benefit, property, money or anything of value from the commission of any

aggravated burglary, or from the illegal sale, delivery, or manufacture of a

controlled substance, controlled substance analogue, or firearm; or

(B) The commission or attempted commission, facilitation of, solicitation of, or

conspiracy to commit any of the following offenses on or after July 1, 2013:

(i) First degree murder, as defined in § 39-13-202;

(ii) Second degree murder, as defined in § 39-13-210;

(iii) Voluntary manslaughter, as defined in § 39-13-211;

(iv) Assault, as defined in § 39-13-101;

(v) Aggravated assault, as defined in § 39-13-102;

(vi) Kidnapping, as defined in § 39-13-303;

(vii) Aggravated kidnapping, as defined in § 39-13-304;

(viii) Especially aggravated kidnapping, as defined in § 39-13-305;

(ix) Robbery, as defined in § 39-13-401;

(x) Aggravated robbery, as defined in § 39-13-402;

(xi) Especially aggravated robbery, as defined in § 39-13-403;

(xii) Carjacking, as defined in § 39-13-404;

(xiii) Rape, as defined in § 39-13-503;

(xiv) Aggravated rape, as defined in § 39-13-502;

(xv) Rape of a child, as defined in § 39-13-522;

(xvi) Aggravated burglary, as defined in § 39-13-1003;

(xvii) Especially aggravated burglary, as defined in § 39-13-1004;

(xviii) Aggravated criminal trespass, as defined in § 39-14-406;

(xix) Coercion of witness, as defined in § 39-16-507;

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(xx) Retaliation for past action, as defined in § 39-16-510;

(xxi) Riot, as defined in § 39-17-302;

(xxii) Aggravated riot, as defined in § 39-17-303;

(xxiii) Inciting to riot, as defined in § 39-17-304;

(xxiv) The illegal sale, delivery or manufacture of a controlled substance or

controlled substance analogue, as defined in §§ 39-17-417 and 39-17-454;

(xxv) Possession of a controlled substance or controlled substance analogue with

intent to sell, deliver, or manufacture, as defined in § 39-17-417(a)(4) and §

39-17-454;

(xxvi) Unlawful carrying or possession of a weapon, as defined in § 39-17-1307;

(xxvii) Trafficking for commercial sex acts, as defined in § 39-13-309;

(4)

(A) “Pattern of criminal gang activity” means prior convictions for the commission or

attempted commission of, facilitation of, solicitation of, or conspiracy to commit:

(i) Two (2) or more criminal gang offenses that are classified as felonies; or

(ii) Three (3) or more criminal gang offenses that are classified as misdemeanors;

(iii) One (1) or more criminal gang offenses that are classified as felonies and two

(2) or more criminal gang offenses that are classified as misdemeanors; and

(iv) The criminal gang offenses are committed on separate occasions; and

(v) The criminal gang offenses are committed within a five-year period;

(B)

(i) As used in this subsection (a), “prior conviction” means a criminal gang offense

for which a criminal gang member was convicted prior to the commission of the

instant criminal gang offense by the defendant and includes convictions

occurring prior to July 1, 1997;

(ii) “Prior conviction” includes convictions under the laws of any other state,

government or country that, if committed in this state, would have constituted a

criminal gang offense. In the event that a conviction from a jurisdiction other

than Tennessee is not specifically named the same as a criminal gang offense,

the elements of the offense in the other jurisdiction shall be used by the

Tennessee court to determine if the offense is a criminal gang offense;

(iii) Convictions for multiple criminal gang offenses committed as part of a single

course of conduct within twenty-four (24) hours are not committed on “separate

occasions.” However, acts that constitute criminal gang offenses under

subdivision (a)(3)(A) shall not be construed to be a single course of conduct.

(b) A criminal gang offense committed by a defendant shall be punished one (1)

classification higher than the classification established by the specific statute creating

the offense committed if:

(1) The defendant was a criminal gang member at the time of the offense; and

(2) The criminal gang offense was committed at the direction of, in association with, or

for the benefit of the defendant's criminal gang or a member of the defendant's

criminal gang.

member at the time of the offense but who committed the offense for the purpose of

and with the intent to fulfill an initiation or other requirement for joining a criminal gang

as defined in subdivision (a)(1) shall be punished one (1) classification higher than the

classification established by the specific statute creating the offense committed.

(d) If the criminal gang offense subject to enhancement under subsection (b) or (c) is a

Class A felony, the presumptive sentence for the offense shall be the maximum

sentence within the range from which the defendant is to be sentenced.

(e) A criminal gang offense committed by a defendant shall be punished two (2)

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classifications higher than the classification established by the specific statute creating

the offense committed if, at the time the offense was committed:

(1) The defendant was a criminal gang member;

(2) The defendant was also a leader or organizer of the criminal gang; and

(3) The offense was at the direction of, in association with, or for the benefit of the

defendant's criminal gang or a member of the defendant's criminal gang.

(f) If the criminal gang offense subject to enhancement under subsection (e) is a Class A

or B felony, the criminal gang member shall be sentenced as a Class A felon and the

presumptive sentence for the offense shall be the maximum sentence within the range

from which the defendant is to be sentenced.

(g) If the defendant is charged with a criminal gang offense and the district attorney

general intends to seek enhancement of the punishment under subsection (b), (c) or

(e), the indictment, in a separate count, shall specify, charge and give notice of the

subsection under which enhancement is alleged applicable and of the required prior

convictions constituting the gang's pattern of criminal gang activity.

(h)

(1) If the defendant is convicted of the underlying criminal gang offense, the jury shall

then separately consider whether the defendant was at the time of the offense:

(A) A criminal gang member;

(B) A criminal gang member and a leader or organizer of the gang; or

a criminal gang.

(2) If the jury convicts the defendant under subdivision (h)(1)(A), (h)(1)(B) or (h)(1)(C),

the court shall pronounce judgment and sentence the defendant as provided in this

section.

(i) For purposes of establishing a “pattern of criminal gang activity” the following offenses

may be considered:

(1) Criminal gang offenses, as defined by subdivision (a)(3)(A), committed prior to July

1, 2013; and

(2) Criminal gang offenses, as defined by subdivision (a)(3)(B), committed on or after

July 1, 2013.

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APPENDIX SIX: Where We Have Been & Where We Are Going

Animal Fighting in the Volunteer State

Bradley J. Smith, University of Tennessee College of Law, Candidate for J.D., Class of

2010

Brehann E. Eldridge, Accredited Pet Trainer, University of Tennessee College of

Agricultural Sciences and Natural Resources, Candidate for B.S., Animal

Science, Class of 2009

Introduction

The controversies surrounding animal fighting are in no way new to the state of

Tennessee. In order to appreciate how far reaching an impact there may be, it is

important to consider the history underlying this issue. Understanding exactly what

animal fighting means to the people and animals involved is also imperative.

Over the next few pages, this article will attempt to shed light on animal fighting. In

addition to providing background and a legal perspective, proposals will be

presented for consideration in an attempt to solve Tennessee’s current issues.

Although many issues affecting fighting animals are the same, there are distinct

issues that vary between fighting cocks and dogs. For this reason, these two

common species will be presented separately at times.

Cockfighting: A Brief Explanation

Cockfighting is described by The Humane Society of the United States as “a centuries-

old blood sport in which two or more specially bred birds, known as gamecocks, are

placed in an enclosure to fight, for the primary purposes of gambling and

entertainment.

The fights can last over half an hour and often result in the death of one, if not both, of

the birds involved.

Even birds that are not killed in the course of the fight suffer

extreme pain and injuries. Punctured lungs, broken bones, and gouged eyes are not

uncommon in the ring.

Many of these injuries are the result of gaffs, steel spikes

affixed to the birds’ legs to cause extra damage.

The harm caused by cockfighting extends beyond the birds. Law enforcement officials

have linked cockfighting rings to gambling and illegal drugs.

It is especially disturbing to

note that young children are often present at these fights, engendering a conception of

animals as worthless and insignificant.

Although cockfighting has long been part of

many cultures, this cultural importance can often be overplayed. In a 1997 survey

conducted in Arizona, only 34% of Anglos disagreed that “cockfighting is an important

part of Hispanic culture.” Conversely, 70% of Hispanics disagreed with the statement.

Additionally, 95% of Hispanics polled felt that cockfighting was “cruel and inhumane.”

This survey demonstrates a clear misunderstanding in the cultural value of cockfighting

but may also represent an inherent prejudice. Latin cultures are not the only ones with a

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319

reputation for cockfighting. Culture within the Southeastern United States also reflects

the presence of such events. The most obvious sign may be the fact that the

University of South Carolina still uses the gamecock as its mascot.

Cockfighting is currently a criminal offense in all 50 states and the District of Columbia.

Severity of punishment differs widely from state to state. Some states provide for

punishment of cockfighting, possession of birds for fighting, being present as a

spectator at a fight, and possession of implements used for cockfighting all as felonies.

Other states view some of these as misdemeanors, including cockfighting itself. Hawaii,

Georgia, Idaho, Mississippi, and Alabama consider cockfighting the only crime in the

list above.

The state of Tennessee considers cockfighting a Class A Misdemeanor,

although this may soon be changing as discussed later in the article.

Dog Fighting: A Brief Explanation

Dog fighting is similar in many respects to cockfighting. Two dogs, most frequently Pit

Bulls, are placed in a ring and made to fight until one is unable to continue. These fights

often result in serious injury and/or death. Even if the losing dog is not killed, they are

often shot or abandoned by their owners.

Even winning dogs frequently suffer severe

damage to their eyes, ears, nose, and mouth. Dogs that are seen as “useless” because

of the injuries they have suffered are also shot, abandoned, or otherwise disposed of.

Like cockfighting, dog fighting is also linked to gambling rings and illegal drugs. Fights

provide ample opportunity for such activities to take place in a secluded, often secretive

environment. There have also been links between dog fighting and street gang

activities, a major issue in large urban areas.

Although dog fighting does not share as

many of the long-standing cultural influences of cockfighting, it is slowly being

popularized within American pop culture. This connection seems especially true with the

culture surrounding rap music. Jay-Z’s video for “99 Problems” contains images

associated with dog fighting.

His video is not the only example. Artist DMX named his

album, Grand Champ, in honor of fighting dogs.

The cover of the album portrays a Pit

Bull showing marked signs of aggression. DMX had previously pled guilty to animal

cruelty charges stemming from 13 neglected Pit Bulls in his possession.

Dog fighting is currently a felony in all 50 states and the District of Columbia. Like

cockfighting, severity of punishments varies widely between individual states. Although

all states treat dog fighting as a crime, being a spectator to a fight or possession of

dogs meant for fighting might be a misdemeanor or legal altogether. Both Montana and

Hawaii provide no punishment for being a spectator at a dog fight.

Tennessee

provides for punishment of dog fighting and possession of fighting dogs as a Class E

Felony, but being a spectator is defined as merely a Class C Misdemeanor, the lowest

classification in Tennessee’s statutory system.

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320

Why Can’t We Stop Animal Fighting Now?

One of the most glaring issues in animal fighting today is the lack of prosecutions taking

place in Tennessee. This is true in spite of the fact that animal fighting incidents are on

the rise in rural and urban areas alike.

There are several problems, both social and

political in nature, that have contributed to this problem.

One major problem with regulation within the state of Tennessee involves the inability

of humane officers to effectively carry out their duties. Although Tennessee does

provide these officers with the ability to intervene in crimes and arrest perpetrators, they

are made to do this without the benefit of being armed.

As previously stated, animal

fighting is linked to illegal gambling, drug distribution, and gang activity. Because of

these connections, participants in animal fighting are often dangerous criminals in other

respects. To deprive humane officers of the protection or force needed to affect such

arrests is to effectively negate all their powers.

Another major obstacle to enforcement rests in the laws themselves. Criminal statutes

relating to animal fighting vary widely from state to state. This causes not only

confusion among citizens and law enforcement officials, but it also provides criminally-

minded individuals with an opportunity to circumvent unfavorable laws. These issues

frequently occur within an individual state as well. In Tennessee, dog fighting is

punished as a Class E Felony.

Sentencing guidelines provide that this sort of crime

should be punished with a prison sentence of not less than 1 year.

In contrast,

cockfighting is considered a Class A Misdemeanor, one step lower in Tennessee’s

statutory scheme than dog fighting.

Consequently, cockfighting does not carry as

harsh a punishment.

Beyond this, crimes such as being a spectator at such a fight,

possession of fighting animals, or possession of implements carry even lower criminal

penalties.

These relatively low penalties pose another problem for enforcement. Large sums of

money, often in the tens of thousands range, can change hands during animal fighting

events.

Because the fines, sentences, and enforcement related to animal fighting laws

are relatively low, individuals are provided with the possibility of a high reward for very

little risk. Just for perspective, stealing an equivalent amount of money could be as high

as a Class B Felony, some three classifications higher than the highest classification for

any type of animal fighting found in Tenn. Code Ann. 39-14-203.

The Impact Does Not End With Injured Animals

The consequences of animal fighting extend beyond the physical injuries suffered by

the animals. As previously cited, animal fighting rings have been linked with illegal

gambling, drugs, and gang activity.

Despite the inherent evil posed by fighting

animals, these effects are equally as disturbing. Fighting rings circulate large sums of

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money that help to fund these other illegal activities. This helps to create a subculture

were violence, animal cruelty, drug use, and moral complacency are readily accepted.

Animal fighting also has other effects on the animals involved. This is seen most

commonly with the Pit Bulls that are a favorite of dog fighters. Pit Bulls have suffered

physical pain in the ring and severe damage to their reputation within the community.

They are often thought of as overly aggressive, which has led to two distinct problems

for the breed.

One serious issue with Pit Bulls, namely those who were previously fighting dogs, is that

they are difficult to place for adoption with humane services. These animals have often

been so rigorously trained to fight that they are rendered incapable of normal social

behavior. This frequently leads to these animals being put down. This is not always the

case thankfully. In the recently publicized case of Michael Vick, only one of the 47

surviving dogs was euthanized.

This was the result of the judge ruling that all the dogs

should be evaluated individually, in the face of expert opinion that they should all be put

down.

Another serious problem arising from dog fighting that is currently affecting Tennessee

is the proposal of so-called “Dangerous Dog Laws.” These laws typically ban the

possession and/or breeding of a certain breed of dog, almost always including the

aforementioned Pit Bull. Although these laws criminalize the possession of dogs used

for fighting, they also limit the freedom of dog owners who wish to own one of the

breeds merely for pleasure and companionship. It is farfetched to believe these

ordinances would have any effect of dog fighting. Fighting is itself a criminal offense of a

more severe nature that possession. There is also the same issue of enforcement and

prosecution by the state that limits the effectiveness of current animal fighting statutes.

There may also be some disparate impact on other pet owners. Theft of dogs, cats, and

other small pets is a common practice amongst dog fighters.

These animals are used

as “bait” to assist in training the dogs to kill another animal. The frequency of these

financial and emotional losses is hard to estimate accurately.

What Are We Doing To Make a Change?

There are efforts being made locally and nationally to stop animal fighting. Many of the

major national organizations, such as the American Society for the Prevention of

Cruelty to Animals (ASPCA) and the Humane Society of the United States (HSUS),

have organized programs to raise awareness of dog fighting. These organizations also

provide information to people willing to volunteer their time and money to stop such

atrocities. More information can be found by visiting the websites of these organizations

at www.aspca.org and www.hsus.org respectively.

On a local level, the Tennessee legislature is considering a bill that would raise

cockfighting to a felony offense.

Although this increase in penalty is admirable, a

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closer look at the bill might reveal that it still will not meet the need. This proposed

legislation merely increases fines, without providing for prison sentences in association

with cockfighting.

As previously mentioned, the amount of money involved in

cockfighting renders fines nearly useless, unless they are of such an extreme amount

to serve as an actual deterrent.

A Final Word

Although steps have been made through education, legislations, and enforcement to

limit the impact of animal fighting, there is still work to do. The ASPCA and HSUS can

only do so much without the assistance of volunteers. It is important that individuals get

involved if they ever hope to see these atrocious acts come to an end.

323

Topical Heading Index (In alphabetical order by topic)

Apiary (bees)

§ 44-15-101

Title – Purpose

123

§ 44-15-102

Chapter definitions

123

§ 44-15-103

State apiarist

124

§ 44-15-104

Cooperative agreements

125

§ 44-15-105

Registration of apiaries

125

§ 44-15-106

Moveable frames

125

§ 44-15-107

Inspection program

125

§ 44-15-108

Sale or movement of bees

126

§ 44-15-109

Duty to report disease or pest -- Authority to inspect

126

§ 44-15-110

Quarantine

126

§ 44-15-111

Certification program

127

§ 44-15-112

Used beekeeping equipment

127

§ 44-15-113

Entry permit -- Inspection certificates

127

§ 44-15-114

Penalty

127

§ 44-15-115

Disposition of funds

128

§ 44-15-116

Experimental apiaries

128

§ 44-15-117

Disposition of confiscated bees and beehives

128

§ 44-15-118

Preventive measures

128

§ 44-15-119

Unlawful activities

128

§ 44-15-120

Honey storage and handling

128

§ 44-15-121

Previous rules and regulations revoked -- Authority to

promulgate new rules

128

§ 44-15-122

Charges

129

§ 44-15-123

Indemnity for destruction

129

§ 44-15-124

Restrictions on keeping honeybees in hives

129

§ 44-15-125

Liability for personal injury or property damage

129

Animal Disease

§ 4-7-106

Enforcement of animal disease laws

§ 44-2-101

Animals/Animal Husbandry -- Prevention and Treatment of

Diseases -- definitions

§ 44-2-102

Animals/Animal Husbandry -- Prevention and Treatment of

Diseases -- supervisory powers

§ 44-2-103

Animals/Animal Husbandry -- Prevention and Treatment of

Diseases -- prohibited acts

324

§ 44-2-104

Animals/Animal Husbandry -- Prevention and Treatment of

Diseases -- penalties

§ 44-2-105

Animals/Animal Husbandry -- Prevention and Treatment of

Diseases -- Indemnity for destroyed animals.

§ 44-2-106

Animals/Animal Husbandry -- Prevention and Treatment of

Diseases – federally accredited veterinarians --

inspections, vaccinations and tests

Animal Offenses

§ 37-1-702

Animal cruelty cases can be heard in teen court; procedure

§ 38-1-401

Cross reporting of animal cruelty - definitions

§ 38-1-402

Duty to report/cross report cruelty, abuse or neglect -- No

duty to investigate -- Confidentiality

§ 38-1-403

How to report/cross report cruelty, abuse or neglect -- No

impact on accepted hunting, fishing, livestock and

veterinarian practices

§ 39-11-106

Criminal offenses - definitions

§ 39-13-804

Intentional release of dangerous chemical or hazardous

material with intent of causing harm

§ 39-14-201

Definitions for animal offenses

§ 39-14-202

Cruelty to animals

§ 39-14-203

Fighting or baiting exhibitions

§ 39-14-205

Intentional killing of animal

§ 39-14-208

Theft of guide dogs

§ 39-14-212

Aggravated cruelty to animals – definitions; penalty

§ 39-14-213

Removal of transmitting collars or microchip implants from

dogs

§ 39-14-214

Criminal offenses against animals

§ 39-14-216

Service animals

§ 39-14-217

Aggravated cruelty to livestock

§ 39-16-304

Misrepresentation of service animal or support animal

§ 39-17-101

Handling snakes so as to endanger life prohibited

§ 39-17-1363

Offense of owning, possessing, or having custody or control

of a potentially vicious dog or a vicious dog

§ 40-35-111

Authorized terms of imprisonment and felonies and

misdemeanors

§ 42-1-110

Killing of birds or animals by aeronaut -- penalty

§ 43-8-102

Pesticides - definitions

§ 43-8-105

Pesticides -prohibitions

§ 43-10-105

Seed label must warn if harmful to animals

325

§ 43-11-404

Prohibited sales – liming material toxic to animals

Branding of Animals

§ 44-7-101

Marks and brands of animals running at large

101

§ 44-7-102

Recording marks and brands

101

§ 44-7-103

Priority of marks and brands

101

§ 44-7-104

Horses and cattle to be branded

101

§ 44-7-105

Deciding dispute as to marks and brands

101

§ 44-7-106

Neat cattle purchased to be branded anew upon purchase

101

§ 44-7-107

Altering or defacing marks/brands results in forfeiture

101

§ 44-7-108

Misbranding or mismarking results in forfeiture

101

§ 44-7-109

Marks and Brands -- inspection of records; recording fee

101

§ 44-7-110

Record of livestock brands required

101

§ 44-7-201

Brands -- definitions

102

§ 44-7-202

Registration of brands by department of agriculture; fees;

certificate

102

§ 44-7-203

Brands -- evidence of registration

102

§ 44-7-204

Brands – periodic reregistration

10102

§ 44-7-205

103

§ 44-7-206

Brands -- copies of register must be available for inspection

103

§ 44-7-207

Marking and branding regulations promulgated by

commissioner

103

§ 44-7-208

Unlawful to use unregistered brand or deface brand

103

§ 44-7-209

Branding -- violation is a misdemeanor

103

Commercial Feed

§ 44-6-104

Commercial feed -- license requirement

§ 44-6-105

Labeling

§ 44-6-106

Commercial feed – misbranding

§ 44-6-107

Commercial feed – adulteration

§ 44-6-108

Commercial feed -- prohibited acts

§ 44-6-110

Commercial feed and pet food -- rules and regulations

§ 44-6-111

Commercial feed -- inspection; sampling; analysis

§ 44-6-112

Commercial feed -- withdrawal, condemnation and

confiscation orders

§ 44-6-113

Commercial feed -- penalties

100

§ 44-6-114

Commercial feed -- cooperation with other entities

100

§ 44-6-115

Commercial feed -- publications

100

326

Dairy

§ 44-19-102

Legislative declaration

143

§ 44-19-103

Chapter definitions

143

§ 44-19-104

Actions not illegal or in restraint of trade

144

§ 44-19-105

Referendum on assessment authorized

144

§ 44-19-106

Petition for assessment

144

§ 44-19-107

Consideration and certification of petition

144

§ 44-19-108

Filing of petition -- Effect of referendum

144

§ 44-19-109

Conducting of referendum -- Voting -- Qualifications

144

§ 44-19-110

Supervision and cost of referendum

145

§ 44-19-111

Notice of referendum and assessment -- Ballots

145

§ 44-19-112

Distribution of ballots -- Declaration of results

145

§ 44-19-113

Implementation of results -- Imposition, notice and disposition

of assessment

145

§ 44-19-114

Tennessee dairy promotion committee

145

§ 44-19-115

Refund of promotion money

146

§ 44-19-116

Deposits -- Disbursements

146

§ 44-19-117

Investments -- Use of funds

147

§ 44-19-118

Change or termination of assessment -- Petition --

Referendum

147

§ 44-19-119

Reports -- Information -- Audits

147

§ 44-19-120

Promulgation of rules and regulations

147

§ 44-19-121

Orders and injunctions restraining violations -- Unpaid

assessments

147

§ 44-19-122

Termination of assessments and chapter

148

§ 53-3-119

Use of milk from hoofed mammal for owner's personal

consumption or use

151

Dog and Cat Dealers

§ 44-17-101

Dog and Cat Dealers -- purpose of this part

131

§ 44-17-102

Dog and Cat Dealers -- definitions

131

§ 44-17-103

Sale or transportation of dogs or cats to research facilities by

dealers without license prohibited

131

§ 44-17-104

Dog and Cat Dealers -- applications for license

131

§ 44-17-105

Dog and Cat Dealers -- dealer's license; requirements

132

§ 44-17-106

Dog and Cat Dealers -- annual renewal of license; fee

132

§ 44-17-107

Dog and Cat Dealers -- revocation or suspension of dealer's

license; grounds; hearing; appeal

133

327

§ 44-17-108

Dog and Cat Dealers -- semi-annual reports to

commissioner

133

§ 44-17-109

Dog and Cat Dealers -- registration of research facilities with

commissioner

133

§ 44-17-110

Dog and Cat Dealers -- identification of dogs and cats

delivered to research facilities

133

§ 44-17-111

Dog and Cat Dealers -- records of research facilities and

dealers

134

§ 44-17-112

Dog and Cat Dealers -- sales of dogs and cats to research

facilities; restrictions

134

§ 44-17-113

Dog and Cat Dealers -- bills of sale evidencing purchase of

dogs or cats by dealers or research facilities

134

§ 44-17-114

Dog and Cat Dealers -- time dealers must hold dogs and cats

after acquisition

134

§ 44-17-115

Dog and Cat Dealers -- authority of commissioner to inspect

premises of dealers or research facilities; inspection of

conveyances

134

§ 44-17-116

Dog and Cat Dealers -- violations a misdemeanor

135

§ 44-17-117

Dog and Cat Dealers -- enforcement

135

§ 44-17-118

Dog and Cat Dealers -- rules and regulations

135

§ 44-17-119

Dog and Cat Dealers -- supplemental provisions

135

§ 44-17-120

Destruction of dog causing death or serious injury to human -

- notice to dog's owner

135

§ 44-17-121

Confiscation of animals

135

§ 44-17-122

Cooperation with local and federal authorities

135

Dogs and Cats—Miscellaneous

§ 6-54-135

Allowing pet dogs in outdoor dining areas at restaurants

§ 39-14-213

Removal of transmitting collars or microchip implants from

dogs

§ 44-17-401

Electronic locating collars

138

§ 44-17-402

Retrieval of hunting dogs from federal property operated by

wildlife resources agency

138

§ 44-17-601

Dogs and cats -- chemical capture

140

§ 68-131-113

Tennessee Hazardous Substances Act – bittering agent

added to antifreeze or engine coolant ; liability

209

Dogs Killing Livestock

§ 44-17-201

Dogs killing livestock -- owners of dogs are liable

136

§ 44-17-202

Dogs killing livestock -- ignorance of dog's habits no defense

136

328

§ 44-17-203

Dog killing livestock -- no damages recoverable for killing or

injuring such dog

136

Drug Dogs

§ 4-3-610

Acquiring dogs for detection of drugs

§ 4-7-115

Highway patrol can use dogs to detect drugs

§ 38-6-108

Use of dogs to detect marijuana

§ 41-1-102

Correctional Institutions – use of dogs to search personnel

for contraband

§ 41-1-118

Dogs for detecting drugs

§ 49-6-4208

School Security Act of 1981 -- use of animals

151

Enforcement of Wildlife Law

§ 70-6-101

Authority of Wildlife Agency Officers -- penalty for refusing to

allow inspection -- regulations

265

§ 70-6-102

Wildlife - each unlawful taking/device is a separate offense

266

§ 70-6-103

Wildlife Resources- penalties for violation of this title

266

§ 70-6-104

Trial for violations -- jurisdiction -- appeals

266

§ 70-6-105

Mistake of fact not a defense to violation of wildlife

regulations

266

§ 70-6-201

Confiscation and disposal of wildlife and other articles

illegally taken or used

266

§ 70-6-202

Property used in violation of §§ 70-4-116 -- 70-4-118

subject to seizure and sale

267

Equine

§ 11-3-107

Parks and recreation employees -- commissioned law

enforcement officers

§ 39-14-209

Horse shows

§ 44-7-301

Pedigreed jacks or bulls for breeding must be registered

103

§ 44-7-302

Pedigrees to be posted

103

§ 44-7-303

False pedigree posted or recorded is a misdemeanor

103

§ 44-20-101

Equine activities -- legislative intent

148

§ 44-20-102

Equine activities -- definitions

148

§ 44-20-103

Equine activities -- limitation on liability

149

§ 44-20-104

Equine activities – applicability; where liability not limited

149

§ 44-20-105

Equine activities – caution signs and notice required

150

Exotic Animals

§ 70-4-401

Exotic Animals - prohibitions

251

§ 70-4-402

Exotic Animals – definitions

251

329

§ 70-4-403

Classifications of wildlife

253

§ 70-4-404

Permits to possess wildlife; fees

254

§ 70-4-405

Housing and transportation of wildlife -- requirements

256

§ 70-4-406

Liability for wildlife escape; limitation of state's liability

258

§ 70-4-407

Requirements for transfer of Class I wildlife to new owner

258

§ 70-4-408

Owners of unpermitted wildlife -- disposition of such wildlife

259

§ 70-4-409

Persons possessing Class I or II wildlife subject to inspection

259

§ 70-4-410

Propagation of Class I or Class II wildlife – permit required

259

§ 70-4-411

Importation of wildlife – permit required

259

§ 70-4-412

Release of wildlife

260

§ 70-4-413

Private wildlife preserves -- hunting

260

§ 70-4-414

Raptors -- falconry permit

260

§ 70-4-415

Authority of Wildlife Agency officers – violations; penalties

260

§ 70-4-416

Notification required for escape of Class I wildlife, injuries

261

Fencing (common enclosures)

§ 44-8-302

Common enclosure of lands under written agreements --

specifications

108

§ 44-8-303

Enclosures - force and binding power of agreement

109

§ 44-8-304

Enclosures - agreement if registered is binding on purchaser,

his heirs and assigns

109

§ 44-8-305

Liability of persons not parties to agreement for trespass by

stock

109

Fencing (generally)

§ 44-8-101

Land in cultivation must be sufficiently fence

104

§ 44-8-102

Various materials constituting sufficient fencing -- rules

104

§ 44-8-103

Horses, cattle, and mules sufficiently fenced

105

§ 44-8-104

Paling and wire fence lawful

105

§ 44-8-105

Three-wire, plank, or slat fence a lawful fence

105

§ 44-8-106

Damages for trespass – determination; recovery

105

§ 44-8-107

Defense of insufficient of fence

106

§ 44-8-108

Injury to animals from insufficient fence

106

§ 44-8-109

Notoriously mischievous stock to be confined

106

§ 44-8-110

Liability of owners of notoriously mischievous stock

106

§ 44-8-111

Stock liable to execution

106

§ 44-8-112

Pulling and leaving down fence, or opening and leaving open

gate, a misdemeanor

106

330

Fencing (partition fences)

§ 44-8-201

Partition fence defined -- joining fences

106

§ 44-8-202

Fences to be erected and maintained at joint expense

106

§ 44-8-203

Damages for failure to maintain fence

107

§ 44-8-204

Amount to pay for fence

107

§ 44-8-205

Judgment and execution

107

§ 44-8-206

Rebuilding or repairing fences

107

§ 44-8-207

Fees of court and fence reviewers

107

§ 44-8-208

Fences not removed without six months' notice

107

§ 44-8-209

Removing fence without notice a misdemeanor -- damages

107

§ 44-8-210

Disclaiming responsibility for fence erection -- definitions

107

§ 44-8-301

Damages for failure to keep up fences, or for trespass

108

Governmental Entity Powers

§ 5-1-120

Power to regulate stray animals

§ 5-9-110

Animal welfare

§ 6-2-201

Municipalities can regulate animals

§ 6-19-101

Cities can regulate animals

§ 7-63-201

Sanitation, litter control and animal control -- issuance of

summons -- copies

§ 7-81-207

Powers of Assembly

§ 7-86-103

“Emergency service provider” includes animal control

§ 8-21-701

County clerks – Service fees

§ 9-8-307

Tennessee Claims Commission - claims against the state

§ 39-14-215

Animal control – limits on agency/employee liability

§ 55-4-317

Animal friendly license plates -- animal population control

endowment fund

153

§ 67-4-409

Privileges taxable by state only — recordation tax

178

§ 67-4-708

Business Tax Act – classifications

189

§ 67-4-712

Business Tax Act – exemptions

190

§ 67-4-2008

Excise Tax Law of 1999 – exemption if 66.7% of an entity’s

activity is farming

191

§ 68-1-101

Department of Health -- organized into divisions

198

§ 68-1-201

Department of Health -- power to quarantine

199

§ 68-2-601

County Board of Health – powers and duties

199

§ 68-2-602

Violations of rules and regulations of county board -- penalty

200

§ 68-2-603

County health department – establishing; director; health

officer

200

331

§ 68-131-113

Tennessee Hazardous Substances Act – bittering agent

added to antifreeze or engine coolant; liability

209

§ 70-5-105

Governor can dedicate property for wildlife preserve

263

Guide Dogs, Service Animals, and Support Animals

§ 8-50-103

Employment of the disabled -- discrimination prohibited --

penalty – complaint

§ 36-6-511

Qualifications for licensure or registration; eligibility

§ 39-14-208

Theft of guide dogs

§ 39-14-216

Service animals

§ 39-16-304

Misrepresentation of service animal or support animal

§ 44-17-404

Recovery for death or injury to guide dogs

138

§ 55-8-179

Use of blaze orange dog leash restricted to blind or deaf

persons

155

§ 55-8-180

Pedestrians led by guide dog shall have right of way

155

§ 62-7-112

Hotels, places of public accommodation must allow guide

dogs

156

§ 66-7-104

Physically disabled persons' access to housing

174

§ 66-7-106

Leasing to blind persons

174

Humane Societies

§ 39-14-207

Feeding of impounded animals -- Care provided by humane

society; recovery of expenses

§ 39-14-210

Societies for prevention of cruelty to animals -- Power of

governmental agencies working with victimized animals

Hunter Protection Act

§ 70-4-301

Hunter Protection Act – definitions

251

§ 70-4-302

Hunter Protection Act – violations

251

§ 70-4-303

Hunter Protection Act -- injunctions – damages

252

Hunting and Fishing

§ 11-11-113

Hunting prohibited along Tennessee Trails System

§ 36-5-713

Violating a domestic support order affects eligibility to hold

other licenses

§ 36-6-511

Violating a child visitation order affects eligibility to hold other

licenses

§ 39-14-206

Taking fish caught by another

§ 40-13-104

Prosecutor not required to indict

§ 43-33-126

Fish farming -- Hybrid striped bass

332

§ 70-2-108

Hunter education course

223

§ 70-2-201

Hunting, fishing, trapping license -- resident fees,

requirements

224

§ 70-2-205

Commercial fishing and musseling

226

§ 70-2-219

Permits for hunting or fishing in designated areas -- Trout

fishing in premiere tourist resort cities -- Reelfoot permit

funds -- Privileges of senior citizen permit holders -- Special

elk-take permit

229

§ 70-2-221

Fish dealer’s license – requirements; fees; penalties

230

§ 70-2-301

Commercial fishing

231

§ 70-2-302

Approval from the Convention for the International Trade of

Endangered Species (CITES)

231

§ 70-2-303

Commercial fishing - resident preference in licensing – nets;

study

231

§ 70-2-304

Commercial fishing advisory committee

232

§ 70-4-101

Ownership and title to wildlife vested in the state

232

§ 70-4-102

Illegal taking, possession or destruction of wildlife

232

§ 70-4-103

Fox hunting -- training of hunting dogs – penalties

232

§ 70-4-104

Fishing - catching or killing fish

233

§ 70-4-105

Lawful possession of wildlife by license holders

233

§ 70-4-106

Landowner permission required for taking wildlife or big

game

233

§ 70-4-107

Hunting and fishing seasons -- bag and creel limits;

nonprotected wildlife

234

§ 70-4-108

Hunting from or across public road or near dwelling is

prohibited

235

§ 70-4-109

Hunting from aircraft, watercraft or motor vehicles prohibited

235

§ 70-4-110

Spotlighting deer – penalty

236

§ 70-4-111

Hunting or killing big game during closed season -- penalty

236

§ 70-4-112

Hunting and chasing coons regulated

236

§ 70-4-113

Use of bait, pitfalls and certain other devices in taking wildlife

prohibited -- penalty -- exceptions.

237

§ 70-4-114

Destruction of dens or nests, spotlighting, and use of spears,

explosives, chemicals or other devices unlawful

237

§ 70-4-115

Destruction and disposal of wildlife – when permit required

238

§ 70-4-116

Hunting, killing and possession of deer, bear, wild elk and

wild turkey -- transporting – tagging

238

§ 70-4-117

Unlawful to possess weapons in areas inhabited by big game

240

§ 70-4-118

Unlawful to hunt deer being chased by dogs or to permit

dogs to hunt deer –confiscation of dogs

240

333

§ 70-4-119

Taking of aquatic animal life other than game fish --

possession of commercial fishing gear on contaminated

waters -- use of explosives, electrical devices or poisons in

taking fish prohibited

241

§ 70-4-120

Trapping, snaring or baiting regulations -- use of tamed quail

to train bird dogs is prohibited

242

§ 70-4-121

United States fish and wildlife service exempt from game

laws

243

§ 70-4-122

Coon dog training

243

§ 70-4-123

Hunting with bow and arrow prohibited while in possession of

firearms or accompanied by a person in possession of

firearms

245

§ 70-4-124

Wearing fluorescent orange while hunting big game required

245

§ 70-4-125

Causing death to wildlife, hunting dog or domestic animal by

poisonous substance prohibited

245

§ 70-4-126

Use of electronic device to lure or kill a fox prohibited

245

§ 70-4-127

Dove-baiting prohibited

246

§ 70-4-128

Posting notice of dove-baiting

246

§ 70-4-130

Albino deer protected

247

§ 70-4-501

Computer-Assisted Hunting – definition

261

§ 70-4-502

Computer-Assisted Remote Hunting – prohibited

262

§ 70-4-503

Computer-Assisted Hunting – exceptions

262

§ 70-4-504

Computer-Assisted Hunting – violations

262

Liens on Animals

§ 12-4-702

Prompt Pay Act of 1985 – Definitions

§ 66-20-101

Liens on animals -- pasturage lien

176

§ 66-20-102

Liens on animals -- lien on female for service of male

176

§ 66-20-103

Liens on animals -- livery stable keeper's lien

176

§ 66-20-104

Liens on animals -- lien on offspring for service of male

176

§ 66-20-105

Duration of lien on offspring

176

§ 66-20-106

Commercial feed lot proprietors' and operators' lien

176

§ 66-20-107

Lien on female and offspring for artificial insemination

176

Livestock (auctions)

§ 62-19-103

Requirements for Auctioneers – exemptions

157

§ 62-19-111

Auctioneers -- general licensing provisions

157

Livestock (dealers)

§ 44-10-202

Tennessee Livestock Dealer Act – definitions

112

334

§ 44-10-203

Livestock dealer must have license

112

§ 44-10-204

Tennessee Livestock Dealer Act -- powers and duties of

commissioner

112

§ 44-10-205

Tennessee Livestock Dealer Act --license revocation or

suspension; hearing; review

113

§ 44-10-206

Tennessee Livestock Dealer Act -- prohibited acts

113

§ 44-10-207

Tennessee Livestock Dealer Act – exemptions

113

§ 44-10-208

Tennessee Livestock Dealer Act -- penalty for violations

113

§ 44-10-209

Tennessee Livestock Dealer Act --enjoining violations

114

Livestock (generally)

§ 39-14-204

Dying/coloring of baby fowl and rabbits

§ 39-14-211

Examination of livestock by county agricultural agent

§ 39-14-217

Aggravated cruelty to livestock animals

§ 39-17-1308

Defenses to unlawful possession or carrying of a weapon

§ 44-7-301

Pedigreed jacks or bulls for breeding must be registered

103

§ 44-7-302

Pedigrees to be posted

103

§ 44-7-303

False pedigree posted or recorded is a misdemeanor

103

§ 44-7-401

Certification of Livestock

103

§ 44-7-402

Certification of Livestock -- disposition of collected fees

104

§ 44-7-403

Certification of Livestock -- diagnostic laboratory; fees

104

§ 44-11-101

Livestock sales – definitions

114

§ 44-11-102

Livestock sales -- license required; application

114

§ 44-11-103

Local regulation or prohibition of exhibition of livestock

restricted

115

§ 44-11-104

Livestock sales -- issuance of license; fee

115

§ 44-11-105

Livestock sales -- form of licenses; display; renewal

115

§ 44-11-106

Livestock sales -- refusal to grant or renew license;

suspension or revocation

115

§ 44-11-107

Sale of livestock – regulations; inspection; diseased animals

116

§ 44-11-108

Sale of livestock – records of operator

116

§ 44-11-109

Sale of livestock – sale or traffic in livestock on public

property near licensed premises unlawful

117

§ 44-11-110

Sale of livestock – administration; personnel

117

§ 44-11-111

Sale of livestock – license fees used in administration of

chapter

117

§ 44-11-112

Sale of livestock – rules and regulations

117

§ 44-11-113

Sale of livestock – inspections authorized

117

§ 44-11-114

Sale of livestock – inspections authorized; exemptions

117

335

§ 44-11-115

Sale of livestock – violations; penalty

117

§ 44-11-116

Sale of livestock – injunction

118

§ 44-18-101

Feedlots, Dairy Farms and Poultry Production -- definitions

140

§ 44-18-102

Nuisance action against feedlot, dairy farm or poultry

production house

141

§ 44-18-103

Applicability of rules of department to feedlots, dairy farms,

and poultry houses

142

§ 44-18-104

Feedlots, dairy farms, and poultry houses -- applicability of

zoning requirements and regulations

142

§ 44-21-102

No liability for inherent risks of bovine activities

150

§ 44-21-103

Bovine owner activities that preclude limitations on liability

150

§ 44-21-104

Bovine owner must post warning

151

§ 53-7-302

Part definitions

152

§ 53-7-303

Administration -- Detention, quarantine and destruction of

affected animals and animal products

152

§ 53-7-304

Right of entry for examination purposes

152

§ 53-7-305

Authority of commissioner to promulgate tolerance

regulations

152

§ 53-7-306

Violation of provisions -- Penalties

152

§ 53-7-307

Injunctive relief

153

§ 56-2-201

Definitions of kinds of insurance

155

§ 65-12-114

Railroads -- Standard of care required when livestock on

tracks

174

Miscellaneous

§ 4-3-203

Department of Agriculture powers and duties

§ 4-5-208

Agencies may adopt emergency rules

§ 5-1-115

Removal of vegetation and debris

§ 6-54-113

Removal of vegetation and debris from certain lots

§ 7-5-103

Metropolitan Governments' Port Authority Act: definitions

§ 7-31-106

Animals on or hitched near sidewalks

§ 7-51-1401

Adult entertainment definitions

§ 7-63-101

Municipal violations -- Citation or complaint in lieu of arrest

§ 11-5-108

Vandalism of caves or caverns; harm to animals therein

§ 11-14-102

Natural Areas Preservation

§ 11-14-105

Natural Areas Preservation – Classifications

§ 11-14-106

Permissible development of “natural areas”

§ 11-14-108

Designation of natural areas; list of designated areas

§ 12-2-201

Duties of commissioner of general services

336

§ 12-2-410

Disposal of surplus agricultural products or livestock

§ 29-34-209

Immunity for forcible entry of a motor vehicle to remove

minor or animal

§ 35-6-403

Business and other activities conducted by trustee

§ 35-15-408

Trust for care of animal

§ 36-3-601

Domestic Abuse – definitions

§ 36-3-606

Order of Protection – scope

§ 39-11-616

Use of device to protect property

§ 39-14-103

Theft of property

§ 39-14-105

Grading of theft

§ 39-14-208

Theft of guide dogs

§ 39-14-214

Criminal offenses against animals

§ 39-14-216

Service animals

§ 39-14-218

"Cremation" for animals defined – Receipt

§ 39-17-101

Handling snakes so as to endanger life prohibited

§ 39-17-1363

Person convicted of violent felony prohibited from owning,

possessing, or having custody of a potentially vicious dog or

a vicious dog

§ 40-35-111

Sentences, terms, and fines for felonies and misdemeanors

§ 43-1-108

Audiovisual recordation of animal inspection permitted

§ 62-3-132

Animals permitted in barbershops

156

§ 63-12-144

Certificate authorizing chemical capture of animals by

certified animal chemical capture technicians – protocol;

offense; certification course

172

§ 65-15-309

Nondiscrimination policy -- Accommodation of service

animals -- Wheelchair accessible service

174

§ 68-131-102

Tennessee Hazardous Substances Act – definitions.

205

§ 68-131-106

Tennessee Hazardous Substances Act – injunction

209

§ 68-131-113

Tennessee Hazardous Substances Act – bittering agent

added to antifreeze or engine coolant ; liability

209

§ 70-2-215

Taxidermist permits -- report of work; penalties

228

§ 70-2-220

Permits for pearl culturing

230

§ 70-4-132

Walleye and crappie in restaurants

247

§ 70-7-102

Landowner's duty of care

268

§ 70-7-105

Waiver of landowner's duty of care

268

Non-livestock Animal Humane Death Act

§ 44-17-302

Non-livestock Animal Humane Death Act -- application

136

§ 44-17-303

Non-livestock Animal Humane Death Act -- methods allowed

136

337

Pets

§ 44-17-403

Death of pet caused by negligent act of another -- damages

138

§ 49-8-106

Reserve officer training

151

§ 56-7-2101

Pet Insurance -- "Pet" defined

156

§ 56-7-2102

Pet Insurance -- policies or contracts

156

§ 56-7-2103

Pet Insurance – disclosure

156

Poultry production and eggs

§ 39-14-204

Dying/coloring of baby fowl and rabbits

§ 44-16-101

Hatchery and baby chick inspection service -- rules and

regulations; trademarks; inspection fees

129

§ 44-16-102

Certification as accredited flock and hatchery

129

§ 44-16-103

Inspector of poultry flocks, hatcheries, and baby chicks –

assistants; compensation

129

§ 44-16-104

Inspection fees paid into state treasury for expenses --

surplus for poultry education and investigation

130

§ 44-16-201

Hatchery -- license required

130

§ 44-16-203

Hatchery -- duties of licensees

130

§ 44-16-204

Hatchery -- access to premises; enforcement by

commissioner

130

§ 44-16-205

Hatchery -- definitions

130

§ 44-16-206

Hatchery -- application of law

130

§ 44-16-207

Hatchery -- violation; revocation of license

130

Railroads

§ 65-6-301

Railroads – cattle guards on unfenced track

173

§ 65-6-302

Railroads – enlargement of unfenced area

173

§ 65-6-303

Railroads – penalty for noncompliance

173

§ 65-12-108

Railroads –precautions required for prevention of accidents

173

§ 65-12-109

Railroads -- violation of § 65-12-108 is negligence per se

174

Rules of the Road

§ 55-8-101

Rules of the Road – definitions

154

§ 55-8-105

Persons riding animals or driving animal-drawn vehicles

154

§ 55-8-178

Regulations governing nonmotor vehicles and animals --

Penalty

154

Running at Large (livestock, cats, dogs)

§ 44-8-401

Livestock not to run at large – punishment

109

§ 44-8-402

Livestock running at large -- lien for damages

109

338

§ 44-8-408

Dogs not allowed at large – exception; penalties

109

§ 44-8-410

Bitches to be confined while proud

111

§ 44-8-411

No liability for killing proud bitch at large

111

§ 44-8-412

Violation of § 44-8-410 a misdemeanor

111

§ 44-8-413

Civil liability for injury caused by dogs

111

Service Animals- see “Guide Dogs, Service Animals, and Support Animals” on p. 331

Sheep Producer’s Indemnity Law

§ 44-14-102

Sheep Producers' Indemnity Law – definitions

118

§ 44-14-103

Sheep Producers' Indemnity Law – who may organize

118

§ 44-14-104

Sheep Producers' Indemnity Law – powers and limitations

118

§ 44-14-105

Sheep Producers' Indemnity Law – members

119

§ 44-14-106

Sheep Producers' Indemnity Law – articles of incorporation

119

§ 44-14-107

Sheep Producers' Indemnity Law –amendments to articles of

incorporation

120

§ 44-14-108

Sheep Producers' Indemnity Law – bylaws

120

§ 44-14-109

Sheep Producers' Indemnity Law – general and special

meetings

121

§ 44-14-110

Sheep Producers' Indemnity Law – directors; election;

compensation; vacancies

121

§ 44-14-111

Sheep Producers' Indemnity Law – election of officers

121

§ 44-14-112

Sheep Producers' Indemnity Law – bonding officers,

employees, and agents

121

§ 44-14-113

Sheep Producers' Indemnity Law – membership certification;

voting; liability

122

§ 44-14-114

Sheep Producers' Indemnity Law – removal of officer or

director

122

§ 44-14-115

Sheep Producers' Indemnity Law -- annual reports

122

§ 44-14-116

Sheep Producers' Indemnity Law -- conflicting laws not to

apply

122

§ 44-14-117

Sheep Producers' Indemnity Law -- corporation laws

122

§ 44-14-118

Sheep Producers' Indemnity Law -- filing fees

123

Sheltering, Certified Animal Control Facilities, and SPCAs

§ 5-1-120

Power to regulate stray animals

§ 5-9-110

Animal welfare

§ 6-2-201

Municipal authority generally -- general powers

§ 6-19-101

Powers under city manager -- general powers

339

§ 7-63-201

Sanitation, litter control and animal control -- issuance of

summons -- copies

§ 7-81-207

Powers of assembly

§ 7-86-103

Emergency communications – definitions

§ 39-14-210

Societies for prevention of cruelty to animals -- Power of

governmental agencies working with victimized animals

§ 44-17-302

Non-livestock Animal Humane Death Act – application

136

§ 44-17-304

Non-livestock Animal Humane Death Act -- minimum holding

time before an animal may be euthanized; emergency

exception

137

§ 44-17-601

Dogs and cats -- "chemical capture” defined; authorized

drugs; administration of drugs

140

§ 63-12-144

Certificate authorizing chemical capture of animals by

certified animal chemical capture technicians – protocol;

offense; certification course

172

§ 68-8-107

Anti-Rabies Law - Seizure of dogs/cats running at large --

Notification of seized animals -- Redemption by owner --

Vaccination requirement.

203

§ 68-8-109

Anti-Rabies Law – confined observation or quarantine period

after biting a person; investigation

204

Spay/Neuter Law

§ 44-17-502

Tennessee Spay/Neuter Law – requirement for adoption

139

§ 44-17-503

Tennessee Spay/Neuter Law – deposit

139

§ 44-17-504

Tennessee Spay/Neuter Law – petition for compliance

140

§ 44-17-505

Spay/Neuter Law – dogs or cats claimed by owner

140

Support Animals- see “Guide Dogs, Service Animals, and Support Animals” on p. 331

Taxation

§ 67-5-212

Property Tax - exemption for religious, charitable, scientific,

educational institutions

192

§ 67-5-216

Property Tax - exemption for growing of crops

196

§ 67-6-301

Sales and Use Taxes – exemptions — agricultural products

196

§ 67-6-330

Sales and Use Taxes – amusement tax exemptions

197

Tennessee Anti-Rabies Law

§ 68-8-102

Tennessee Anti-Rabies Law – definitions

201

§ 68-8-103

Anti-Rabies Law – vaccination; certificate and tags;

frequency

202

§ 68-8-104

Anti-Rabies Law – registration of vaccinated cats and dogs

may be required; registration fees, use of

203

340

§ 68-8-105

Anti-Rabies Law – exempt programs

203

§ 68-8-106

Anti-Rabies Law – tag to be issued upon vaccination

203

§ 68-8-107

Anti-Rabies Law – dogs/cats at large may be seized,

vaccinated

203

§ 68-8-108

Anti-Rabies Law – not to interfere with transportation of

confined dogs and cats through the state

204

§ 68-8-109

Anti-Rabies Law – confined observation or quarantine period

after biting a person; investigation

204

§ 68-8-110

Anti-Rabies Law – concealing animal violates this chapter

204

§ 68-8-111

Limit on veterinarian’s liability for participation in anti-rabies

program

204

§ 68-8-112

Anti-Rabies Law – rules and regulations

205

§ 68-8-113

Anti-Rabies Law – violations

205

Tennessee Farm Animal and Research Facilities Protection Act

§ 39-14-802

Tennessee Farm Animal and Research Facilities Protection

Act – definitions

§ 39-14-803

Tennessee Farm Animal and Research Facilities Protection

Act -offenses

§ 39-14-804

Tennessee Farm Animal and Research Facilities Protection

Act – penalties

Tennessee Garbage Feeding Law

§ 44-2-402

Tennessee Garbage Feeding Law – definitions

§ 44-2-403

Tennessee Garbage Feeding Law – enforcement

§ 44-2-404

Tennessee Garbage Feeding Law - when feeding garbage to

swine allowed

§ 44-2-405

Tennessee Garbage Feeding Law - rules and regulations

§ 44-2-406

Tennessee Garbage Feeding Law - inspection of premises

§ 44-2-407

Tennessee Garbage Feeding Law - penalty for violation

§ 44-2-408

Tennessee Garbage Feeding Law - enjoining violations

Tennessee Nongame and Endangered or Threatened Wildlife Species

Conservation Act of 1974

§ 70-8-102

Tennessee Nongame and Endangered or Threatened

Wildlife Species Conservation Act – policy

268

§ 70-8-103

Tennessee Nongame and Endangered or Threatened

Wildlife Species Conservation Act – definitions

268

§ 70-8-104

Nongame wildlife -- regulations -- prohibited acts

269

§ 70-8-105

Endangered or threatened species list

270

341

§ 70-8-106

Tennessee Nongame and Endangered or Threatened

Wildlife Species Conservation Act -- management programs -

- exceptions to regulations

270

§ 70-8-107

Rulemaking authority for Tennessee Nongame and

Endangered or Threatened Wildlife Species Conservation

Act

271

§ 70-8-108

Tennessee Nongame and Endangered or Threatened

Wildlife Species Conservation Act -- penalties for violations --

searches and seizures – forfeitures

271

§ 70-8-109

Tennessee Nongame and Endangered or Threatened

Wildlife Species Conservation Act -- construction of

provisions; importation from other states

272

§ 70-8-110

Tennessee Nongame and Endangered or Threatened

Wildlife Species Conservation Act – funding; donations

272

§ 70-8-111

Authorization to enter agreements

273

§ 70-8-112

Species similar to endangered species

273

Veterinarians

§ 36-6-511

Violating a child visitation order affects eligibility to hold other

licenses

§ 44-17-601

Dogs and cats -- chemical capture

140

§ 63-12-102

Tennessee Veterinary Practice Act of 1967 -- purpose

158

§ 63-12-103

Tennessee Veterinary Practice Act of 1967 -- definitions

158

§ 63-12-112

Tennessee Veterinary Practice – license requirement

160

§ 63-12-113

Tennessee Veterinary Practice – temporary licenses

161

§ 63-12-119

Penalty for unlicensed veterinary practice

162

§ 63-12-124

Denial, suspension or revocation of veterinary license;

investigation; immunity of informants

162

§ 63-12-128

Disciplinary orders against violators of Veterinary Practice

Act

164

§ 63-12-129

Tennessee Veterinary Practice Act of 1967 -- enforcement

164

§ 63-12-130

Tennessee Veterinary Practice Act -- prosecution of violators

165

§ 63-12-132

Tennessee Veterinary Practice Act -- enjoining violations

165

§ 63-12-133

Tennessee Veterinary Practice Act of 1967 -- exemptions

165

§ 63-12-134

Lien for veterinary services

166

§ 63-12-135

Licensed veterinary technicians -- unauthorized practice

167

§ 63-12-137

Veterinary practice must be owned by veterinarian;

exemptions

168

§ 63-12-138

Veterinary Practice -- peer review; confidentiality of

information

168

342

§ 63-12-139

Veterinary Practice – premises permits

169

§ 63-12-140

Veterinary Practice – penalty for operation without permit

171

§ 63-12-141

Veterinary Practice – euthanasia; certificate; penalty

171

§ 63-12-142

Immunity for certain emergency veterinary treatment

171

Wildlife (regulation and protection)

§ 11-1-103

Cooperation with wildlife resources agency -- relationships

between divisions

§ 11-4-803

Cooperation with executive director of wildlife resources

agency

§ 70-4-129

Sale of fish and wildlife by charitable organizations

246

§ 70-4-131

Possession of fish or wildlife illegally acquired, taken or

transported from state or country of origin

247

§ 70-4-134

Availability of self-defense to person charged with taking,

attempting to take, or harming wild animal

248

§ 70-4-201

Possession of or traffic in protected wildlife illegal --

exception

248

§ 70-4-202

Use or possession of illegally taken wildlife or hides unlawful

249

§ 70-4-203

Transporting game or fish out of state –when allowed, duties

249

§ 70-4-204

Cold storage of wildlife -- Penalty for violations

249

§ 70-4-205

Use of state-controlled water areas and land bordering

thereon

250

§ 70-4-206

Pollution of waters -- Penalty for violations – Nuisance

250

§ 70-4-207

Unlawful to deface/destroy notice of Wildlife Commission

250

§ 70-4-208

Importation of skunks illegal

250

§ 70-4-209

Purchase or sale of red fox hides, furs or pelts

251

§ 70-4-210

Deer hides; Squirrel pelts and tails.

251

§ 70-4-211

Nets and other fishing equipment near mouth of watercourse

prohibited

251

§ 70-4-417

Cost of administration of wildlife regulations

261

§ 70-5-101

Establishment of hunting areas, refuges, and wildlife

management areas -- prohibited acts

262

§ 70-5-105

Governor can dedicate property for wildlife preserve

263

§ 70-5-106

Establishment of fish preserves -- violations

264

§ 70-5-108

Game and fish rights on private property

264

§ 70-5-109

Wildlife Commission must post notices of rules and

regulations

264

§ 70-5-111

Federal wildlife refuges within state -- Federal aid for wildlife

and fish management projects

264

343

Wildlife (resources, generally)

§ 70-1-101

Wildlife Resources -- definitions for this Title

210

§ 70-1-103

Wildlife Resources -- penalty for assaulting or interfering

with agency employee

213

§ 70-1-104

Wildlife Resources -- penalty for acting as accessory to

violation of wildlife laws

213

§ 70-1-201

Wildlife Resources Commission – creation; members

213

§ 70-1-206

Wildlife Resources Commission – duties and functions

214

§ 70-1-301

Wildlife Resources Agency – creation; statement of policy

215

§ 70-1-302

Wildlife Resources Agency – duties and functions; advertising

215

§ 70-1-401

Wildlife resources fund

219

§ 70-1-501

Wildlife management endowment fund

219

§ 70-2-101

Wildlife Resources – licenses and permits – taking wildlife

without license; migratory waterfowl stamps; penalties

219

§ 70-2-102

Wildlife Resources – license required for hunting, fishing,

trapping

220

§ 70-2-103

Licensing exception for military personnel on furlough

220

§ 70-2-104

Wildlife Resources – persons entitled to reduced license fee

220

§ 70-2-108

Hunter education course

223

§ 70-2-201

Hunting, fishing, trapping license -- resident fees,

requirements

224

§ 70-2-205

Commercial fishing and musseling

226

§ 70-2-208

Fur dealers -- license requirements -- regulation of pelts --

penalties

227

§ 70-2-209

Penalty for unlicensed possession and traffic in

hides/furs/pelts

228

§ 70-2-212

Stocking of wildlife – inspections; charges

228

§ 70-2-213

Wildlife permits for scientific purposes

228

§ 70-2-214

Training of hunting dogs -- license requirements; regulation

of field trials – penalties

228

§ 70-2-219

Permits for hunting or fishing in designated areas -- Trout

fishing in premiere tourist resort cities -- Reelfoot permit

funds -- Privileges of senior citizen permit holders -- Special

elk-take permit

229

§ 70-2-222

Freshwater mussels – purchase; payment; penalty

231

§ 70-7-102

Landowner's duty of care

268

§ 70-7-105

Waiver of landowner's duty of care

268

344

345

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Compiled and Edited Tennessee Laws Pertaining to Animals

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