Tenn. Code Ann. § 4-26-105 — TN Code / Title 4 / Chapter 26 / Section 4-26-105
Reports
Status: in_force

(a) The department shall make a written report to the governor, the speaker of the senate, the speaker of the house of representatives, the chair of the commerce and labor committee of the senate, the chair of the commerce committee of the house of representatives, and any governor's advisory committee on minority economic development, at least once each year, such report to be made no later than December 1. (b) The report shall advise the officials and committees mentioned in subsection (a) on the administration and operation of this chapter. Amended by 2019 Tenn. Acts, ch. 345,s 10, eff. 5/10/2019. Amended by 2013 Tenn. Acts, ch. 236,s 14, eff. 4/19/2013. Acts 1977, ch. 135, § 5; T.C.A., § 4-2605.
(a) The department shall make a written report to the governor, the speaker of the senate, the speaker of the house of representatives, the chair of the commerce and labor committee of the senate, the chair of the commerce committee of the house of representatives, and any governor's advisory committee on minority economic development, at least once each year, such report to be made no later than December 1.
(b) The report shall advise the officials and committees mentioned in subsection (a) on the administration and operation of this chapter.
Amended by 2019 Tenn. Acts, ch. 345,s 10, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236,s 14, eff. 4/19/2013.
Acts 1977, ch. 135, § 5; T.C.A., § 4-2605.
Tenn. Code Ann. § 4-21-305 — TN Code / Title 4 / Chapter 21 / Section 4-21-305
Findings and orders
Status: in_force

(a) If the commission determines that the respondent has not engaged in a discriminatory practice, the commission shall state its findings of fact and conclusions of law and shall issue an order dismissing the complaint. A copy of the order shall be delivered to the complainant, the respondent, and such public officers and persons as the commission deems proper. (b) If the commission determines that the respondent has engaged in a discriminatory practice, the commission shall state its findings of fact and conclusions of law and shall issue an order requiring the respondent to cease and desist from the discriminatory practice and to take such affirmative action as in the judgment of the commission will carry out the purposes of this chapter. A copy of the order shall be delivered to the respondent, the complainant, and to such public officers and persons as the commission deems proper. Acts 1978, ch. 748, § 20; T.C.A., §§ 4-2118, 4-21-118.
(a) If the commission determines that the respondent has not engaged in a discriminatory practice, the commission shall state its findings of fact and conclusions of law and shall issue an order dismissing the complaint. A copy of the order shall be delivered to the complainant, the respondent, and such public officers and persons as the commission deems proper.
(b) If the commission determines that the respondent has engaged in a discriminatory practice, the commission shall state its findings of fact and conclusions of law and shall issue an order requiring the respondent to cease and desist from the discriminatory practice and to take such affirmative action as in the judgment of the commission will carry out the purposes of this chapter. A copy of the order shall be delivered to the respondent, the complainant, and to such public officers and persons as the commission deems proper.
Acts 1978, ch. 748, § 20; T.C.A., §§ 4-2118, 4-21-118.
Tenn. Code Ann. § 4-4-110 — TN Code / Title 4 / Chapter 4 / Section 4-4-110
Interdepartmental payments by agreement
Status: in_force

When costs provided in § 4-4-109 have been incurred between departments, the commissioners thereof shall, from time to time, certify to the commissioner of finance and administration the sums due from the one to the other on account of such work, and the commissioner of finance and administration shall thereupon cause to be paid such sums to the creditor department. The payment may be made by check, as other state bills are paid, or by a system of debits and credits, as the commissioner of finance and administration may determine. All sums so received by, or credited to, any department shall be added to the current appropriation made for the support of that department, to the end that its appropriation may not be depleted by reason of the work done for another department. Acts 1919, ch. 167, § 1; Shan. Supp., § 325a115; Code 1932, § 341; impl. am. Acts 1937, ch. 33, § 24; C. Supp. 1950, § 341; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; Acts 1975, ch. 136, § 2; T.C.A. (orig. ed.), § 4-410.
When costs provided in § 4-4-109 have been incurred between departments, the commissioners thereof shall, from time to time, certify to the commissioner of finance and administration the sums due from the one to the other on account of such work, and the commissioner of finance and administration shall thereupon cause to be paid such sums to the creditor department. The payment may be made by check, as other state bills are paid, or by a system of debits and credits, as the commissioner of finance and administration may determine. All sums so received by, or credited to, any department shall be added to the current appropriation made for the support of that department, to the end that its appropriation may not be depleted by reason of the work done for another department.
Acts 1919, ch. 167, § 1; Shan. Supp., § 325a115; Code 1932, § 341; impl. am. Acts 1937, ch. 33, § 24; C. Supp. 1950, § 341; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; Acts 1975, ch. 136, § 2; T.C.A. (orig. ed.), § 4-410.
Tenn. Code Ann. § 4-3-1302 — TN Code / Title 4 / Chapter 3 / Section 4-3-1302
Commissioner
Status: in_force

The department of commerce and insurance shall be under the charge and general supervision of the commissioner of commerce and insurance. Acts 1923, ch. 7, § 2; Shan. Supp. § 373a32; Code 1932, § 257; Acts 1937, ch. 33, § 2; C. Supp. 1950, § 255.2; Acts 1971, ch. 137, § 2; modified; Acts 1983, ch. 311, § 6.
The department of commerce and insurance shall be under the charge and general supervision of the commissioner of commerce and insurance.
Acts 1923, ch. 7, § 2; Shan. Supp. § 373a32; Code 1932, § 257; Acts 1937, ch. 33, § 2; C. Supp. 1950, § 255.2; Acts 1971, ch. 137, § 2; modified; Acts 1983, ch. 311, § 6.
Tenn. Code Ann. § 4-6-144 — TN Code / Title 4 / Chapter 6 / Section 4-6-144
Library region for penal and reformatory institutions
Status: in_force

(a) There is created a library region to be composed of the penal and reformatory institutions under the control of the department of correction. (b) The library shall have a branch library at each of the penal and reformatory institutions. (c) A librarian shall be appointed who shall serve as a consultant in the state library and archives, public library section. (d) The commissioner of correction shall ensure that penal and reformatory institutions shall comply with the requirements for libraries as provided in title 10, chapter 5, part 1, except for such provisions of any law, rule or regulation that conflicts with the primary penal and reformatory function of such institutions. Acts 1974, ch. 764, §§ 1-5; T.C.A., § 4-656.
(a) There is created a library region to be composed of the penal and reformatory institutions under the control of the department of correction.
(b) The library shall have a branch library at each of the penal and reformatory institutions.
(c) A librarian shall be appointed who shall serve as a consultant in the state library and archives, public library section.
(d) The commissioner of correction shall ensure that penal and reformatory institutions shall comply with the requirements for libraries as provided in title 10, chapter 5, part 1, except for such provisions of any law, rule or regulation that conflicts with the primary penal and reformatory function of such institutions.
Acts 1974, ch. 764, §§ 1-5; T.C.A., § 4-656.
Tenn. Code Ann. § 4-3-201 — TN Code / Title 4 / Chapter 3 / Section 4-3-201
Creation
Status: in_force

There is hereby created the department of agriculture. Acts 1923, ch. 7, § 1; Shan. Supp., § 373a30; Code 1932, § 255; Acts 1937, ch. 33, § 1; 1939, ch. 11, § 1; C. Supp. 1950, § 255.1; modified.
There is hereby created the department of agriculture.
Acts 1923, ch. 7, § 1; Shan. Supp., § 373a30; Code 1932, § 255; Acts 1937, ch. 33, § 1; 1939, ch. 11, § 1; C. Supp. 1950, § 255.1; modified.
Tenn. Code Ann. § 4-31-514 — TN Code / Title 4 / Chapter 31 / Section 4-31-514
Debt limit not applicable
Status: in_force

Any county may enter into loan agreements under this part notwithstanding and without regard to any limit on indebtedness provided by law. Acts 1986, ch. 846, § 14.
Any county may enter into loan agreements under this part notwithstanding and without regard to any limit on indebtedness provided by law.
Acts 1986, ch. 846, § 14.
Tenn. Code Ann. § 4-29-118 — TN Code / Title 4 / Chapter 29 / Section 4-29-118
Termination date of governmental entities - Review of legislation creating governmental entities
Status: in_force

(a) Notwithstanding any law to the contrary, each department, commission, board, agency or council of state government initially created after January 1, 1995, shall terminate on June 30 of the second calendar year following the year in which such governmental entity is created. The termination date of each such governmental entity shall be subject to the requirements of §§ 4-29-104 and 4-29-112 . (b) (1) Notwithstanding subsection (a), any legislation that creates a new department, commission, board, agency or council of state government for the purpose of providing licensing or certification, or both, for occupational or professional groups, or both, shall be referred to the government operations committee by the speaker of each house, and shall be reviewed in accordance with this subsection (b) and §§ 4-29-105 and 4-29-106 , and for the purposes of such review, the government operations committee of each house shall be considered an appropriate standing committee. (2) In conducting the review of such legislation, the government operations committees shall take into consideration the following factors: (A) The extent to which the unregulated practice of the profession or occupation can substantially harm or endanger the public health, safety or welfare, and the extent to which the potential for such harm is recognizable and not remote or dependent upon tenuous argument; (B) The extent to which the profession or occupation possesses qualities that distinguish it from ordinary labor; (C) The extent to which the practice of the profession or occupation requires specialized skill or training; (D) The likelihood that a substantial majority of the public does not have the knowledge or experience to evaluate whether the practitioner of the profession or occupation is competent; and (E) The degree to which the public is effectively protected by other means. (3) The sponsor of the legislation shall have the burden of presenting to the government operations committees such data as they require to perform their evaluation of the criteria enumerated in subdivision (b)(2)(B), including, but not limited to, information as necessary to show: (A) That the unregulated practice of the occupation or profession may be hazardous to the public health, safety or welfare; (B) The approximate number of people who would be regulated and the number of persons who are likely to utilize the service of the occupation or profession; (C) That the occupational or professional group has an established code of ethics, a voluntary certification program, or other measures to ensure a minimum quality of service; (D) That other states have regulatory provisions similar to the one proposed; (E) How the public will benefit from regulation of the occupation or profession; (F) How the occupation or profession will be regulated, including qualifications and disciplinary procedures to be applied to practitioners; (G) The purpose of the proposed regulation and whether there has been any public support for licensure of the profession or occupation; (H) That no other licensing board regulates similar or parallel functions; (I) That the educational requirements for licensure, if any, are fully justified; and (J) Any other information the committee considers relevant to the proposed regulatory plan. Acts 1977, ch. 452, § 18; 1979, ch. 197, § 1; T.C.A., § 4-2924; Acts 1984, ch. 719, §§ 1, 2; 1985, ch. 269, § 2; 1986, ch. 489, §§ 1, 2; 1986, ch. 622, § 1; 1995, ch. 454, § 1.
(a) Notwithstanding any law to the contrary, each department, commission, board, agency or council of state government initially created after January 1, 1995, shall terminate on June 30 of the second calendar year following the year in which such governmental entity is created. The termination date of each such governmental entity shall be subject to the requirements of §§ 4-29-104 and 4-29-112 .
(b) (1) Notwithstanding subsection (a), any legislation that creates a new department, commission, board, agency or council of state government for the purpose of providing licensing or certification, or both, for occupational or professional groups, or both, shall be referred to the government operations committee by the speaker of each house, and shall be reviewed in accordance with this subsection (b) and §§ 4-29-105 and 4-29-106 , and for the purposes of such review, the government operations committee of each house shall be considered an appropriate standing committee. (2) In conducting the review of such legislation, the government operations committees shall take into consideration the following factors: (A) The extent to which the unregulated practice of the profession or occupation can substantially harm or endanger the public health, safety or welfare, and the extent to which the potential for such harm is recognizable and not remote or dependent upon tenuous argument; (B) The extent to which the profession or occupation possesses qualities that distinguish it from ordinary labor; (C) The extent to which the practice of the profession or occupation requires specialized skill or training; (D) The likelihood that a substantial majority of the public does not have the knowledge or experience to evaluate whether the practitioner of the profession or occupation is competent; and (E) The degree to which the public is effectively protected by other means. (3) The sponsor of the legislation shall have the burden of presenting to the government operations committees such data as they require to perform their evaluation of the criteria enumerated in subdivision (b)(2)(B), including, but not limited to, information as necessary to show: (A) That the unregulated practice of the occupation or profession may be hazardous to the public health, safety or welfare; (B) The approximate number of people who would be regulated and the number of persons who are likely to utilize the service of the occupation or profession; (C) That the occupational or professional group has an established code of ethics, a voluntary certification program, or other measures to ensure a minimum quality of service; (D) That other states have regulatory provisions similar to the one proposed; (E) How the public will benefit from regulation of the occupation or profession; (F) How the occupation or profession will be regulated, including qualifications and disciplinary procedures to be applied to practitioners; (G) The purpose of the proposed regulation and whether there has been any public support for licensure of the profession or occupation; (H) That no other licensing board regulates similar or parallel functions; (I) That the educational requirements for licensure, if any, are fully justified; and (J) Any other information the committee considers relevant to the proposed regulatory plan.
(1) Notwithstanding subsection (a), any legislation that creates a new department, commission, board, agency or council of state government for the purpose of providing licensing or certification, or both, for occupational or professional groups, or both, shall be referred to the government operations committee by the speaker of each house, and shall be reviewed in accordance with this subsection (b) and §§ 4-29-105 and 4-29-106 , and for the purposes of such review, the government operations committee of each house shall be considered an appropriate standing committee.
(2) In conducting the review of such legislation, the government operations committees shall take into consideration the following factors: (A) The extent to which the unregulated practice of the profession or occupation can substantially harm or endanger the public health, safety or welfare, and the extent to which the potential for such harm is recognizable and not remote or dependent upon tenuous argument; (B) The extent to which the profession or occupation possesses qualities that distinguish it from ordinary labor; (C) The extent to which the practice of the profession or occupation requires specialized skill or training; (D) The likelihood that a substantial majority of the public does not have the knowledge or experience to evaluate whether the practitioner of the profession or occupation is competent; and (E) The degree to which the public is effectively protected by other means.
(A) The extent to which the unregulated practice of the profession or occupation can substantially harm or endanger the public health, safety or welfare, and the extent to which the potential for such harm is recognizable and not remote or dependent upon tenuous argument;
(B) The extent to which the profession or occupation possesses qualities that distinguish it from ordinary labor;
(C) The extent to which the practice of the profession or occupation requires specialized skill or training;
(D) The likelihood that a substantial majority of the public does not have the knowledge or experience to evaluate whether the practitioner of the profession or occupation is competent; and
(E) The degree to which the public is effectively protected by other means.
(3) The sponsor of the legislation shall have the burden of presenting to the government operations committees such data as they require to perform their evaluation of the criteria enumerated in subdivision (b)(2)(B), including, but not limited to, information as necessary to show: (A) That the unregulated practice of the occupation or profession may be hazardous to the public health, safety or welfare; (B) The approximate number of people who would be regulated and the number of persons who are likely to utilize the service of the occupation or profession; (C) That the occupational or professional group has an established code of ethics, a voluntary certification program, or other measures to ensure a minimum quality of service; (D) That other states have regulatory provisions similar to the one proposed; (E) How the public will benefit from regulation of the occupation or profession; (F) How the occupation or profession will be regulated, including qualifications and disciplinary procedures to be applied to practitioners; (G) The purpose of the proposed regulation and whether there has been any public support for licensure of the profession or occupation; (H) That no other licensing board regulates similar or parallel functions; (I) That the educational requirements for licensure, if any, are fully justified; and (J) Any other information the committee considers relevant to the proposed regulatory plan.
(A) That the unregulated practice of the occupation or profession may be hazardous to the public health, safety or welfare;
(B) The approximate number of people who would be regulated and the number of persons who are likely to utilize the service of the occupation or profession;
(C) That the occupational or professional group has an established code of ethics, a voluntary certification program, or other measures to ensure a minimum quality of service;
(D) That other states have regulatory provisions similar to the one proposed;
(E) How the public will benefit from regulation of the occupation or profession;
(F) How the occupation or profession will be regulated, including qualifications and disciplinary procedures to be applied to practitioners;
(G) The purpose of the proposed regulation and whether there has been any public support for licensure of the profession or occupation;
(H) That no other licensing board regulates similar or parallel functions;
(I) That the educational requirements for licensure, if any, are fully justified; and
(J) Any other information the committee considers relevant to the proposed regulatory plan.
Acts 1977, ch. 452, § 18; 1979, ch. 197, § 1; T.C.A., § 4-2924; Acts 1984, ch. 719, §§ 1, 2; 1985, ch. 269, § 2; 1986, ch. 489, §§ 1, 2; 1986, ch. 622, § 1; 1995, ch. 454, § 1.
Tenn. Code Ann. § 4-13-201 — TN Code / Title 4 / Chapter 13 / Section 4-13-201
Property conveyed to association
Status: in_force

There is hereby conveyed in trust to the James K. Polk Memorial Association, a corporation organized under the laws of Tennessee, for the general welfare and not for profit, and its successors in trust, a tract of land in the second ward of the city of Columbia, located on the corner of West Seventh Street and South High Street, known as the James K. Polk Home, being the same land conveyed to the state by George L. Reynolds and Bessie F. Reynolds, his wife, by deed dated January 8, 1929, recorded in the registrar's office of Maury County, Tennessee, book 177, page 71. Acts 1929, ch. 110, § 1.
There is hereby conveyed in trust to the James K. Polk Memorial Association, a corporation organized under the laws of Tennessee, for the general welfare and not for profit, and its successors in trust, a tract of land in the second ward of the city of Columbia, located on the corner of West Seventh Street and South High Street, known as the James K. Polk Home, being the same land conveyed to the state by George L. Reynolds and Bessie F. Reynolds, his wife, by deed dated January 8, 1929, recorded in the registrar's office of Maury County, Tennessee, book 177, page 71.
Acts 1929, ch. 110, § 1.
Tenn. Code Ann. § 4-13-111 — TN Code / Title 4 / Chapter 13 / Section 4-13-111
Open meetings
Status: in_force

Meetings of the association and its board of directors shall be open to the public. Acts 1990, ch. 893, § 11.
Meetings of the association and its board of directors shall be open to the public.
Acts 1990, ch. 893, § 11.
Tenn. Code Ann. § 4-54-101 — TN Code / Title 4 / Chapter 54 / Section 4-54-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Tennessee Firearms Freedom Act." Acts 2009, ch. 435, § 2.
This chapter shall be known and may be cited as the "Tennessee Firearms Freedom Act."
Acts 2009, ch. 435, § 2.
Tenn. Code Ann. § 4-3-1113 — TN Code / Title 4 / Chapter 3 / Section 4-3-1113
Lighting of Tennessee Tower
Status: in_force

The commissioner of general services shall, whenever practicable, provide the lighting patterns of the Tennessee Tower in Nashville for holidays and for appropriate messages from local nonprofit organizations and causes. Acts 1997, ch. 454, § 1.
The commissioner of general services shall, whenever practicable, provide the lighting patterns of the Tennessee Tower in Nashville for holidays and for appropriate messages from local nonprofit organizations and causes.
Acts 1997, ch. 454, § 1.
Tenn. Code Ann. § 4-3-721 — TN Code / Title 4 / Chapter 3 / Section 4-3-721
Report relating to disaster resilience
Status: in_force

The commissioner of economic and community development is directed to report to the local government committee of the house of representatives and the state and local government committee of the senate each year on or before January 15 concerning the department of economic and community development's financial and program monitoring of the use of federal community development block grant funding to counties and municipalities from the United States department of housing and community development for disaster resilience purposes. The reports to the legislative committees shall continue annually until the commissioner certifies that no funds remain to be expended for disaster resilience from the federal community development block grant funding. Acts 2018, ch. 947, § 1.
The commissioner of economic and community development is directed to report to the local government committee of the house of representatives and the state and local government committee of the senate each year on or before January 15 concerning the department of economic and community development's financial and program monitoring of the use of federal community development block grant funding to counties and municipalities from the United States department of housing and community development for disaster resilience purposes. The reports to the legislative committees shall continue annually until the commissioner certifies that no funds remain to be expended for disaster resilience from the federal community development block grant funding.
Acts 2018, ch. 947, § 1.
Tenn. Code Ann. § 4-31-308 — TN Code / Title 4 / Chapter 31 / Section 4-31-308
Loans - Approval - Fund allocation
Status: in_force

The state funding board, in consultation with the authority, is authorized to approve such loan and allocate such funds as may be necessary to meet the requirements stipulated in such loan from moneys appropriated and legally available for such purpose. Acts 1981, ch. 453, § 8.
The state funding board, in consultation with the authority, is authorized to approve such loan and allocate such funds as may be necessary to meet the requirements stipulated in such loan from moneys appropriated and legally available for such purpose.
Acts 1981, ch. 453, § 8.
Tenn. Code Ann. § 4-3-1109 — TN Code / Title 4 / Chapter 3 / Section 4-3-1109
Energy efficient state vehicles
Status: in_force

(a) The commissioner shall encourage the acquisition of energy-efficient and alternative fuel motor vehicles in the fleet of state vehicles. Each year, every effort should be made to achieve a target goal that one hundred percent (100%) of newly purchased passenger motor vehicles be energy-efficient or alternative fuel motor vehicles. The department shall ensure that at least twenty-five percent (25%) of newly purchased passenger motor vehicles procured for use in areas designated by the United States environmental protection agency (EPA) as nonattainment areas shall be all electric or hybrid-electric vehicles or vehicles powered by natural gas or propane; provided, that such vehicles and fueling infrastructure are available at the time of procurement and such vehicles are purchased at competitive prices. In the event that such vehicles or fueling infrastructure is not available at the time of procurement, the department may instead meet this mandate by procuring compact fuel-efficient vehicles. In areas not designated by the EPA as nonattainment areas, the department shall ensure that at least twenty-five percent (25%) of newly purchased passenger motor vehicles are all electric or hybrid-electric vehicles, vehicles powered by natural gas or propane, or compact fuel-efficient vehicles; provided, that such vehicles are purchased at competitive prices. (b) (1) Commencing June 30, 2013, the commissioner shall compile and maintain information on the nature of passenger motor vehicles that are owned and leased by the state, including, but not limited to: (A) The number of passenger motor vehicles purchased during the fiscal year categorized by energy-efficiency; and (B) The number of passenger motor vehicles owned as of June 30 of each year categorized by energy-efficiency. (2) [Deleted by 2024 amendment.] (3) [Deleted by 2024 amendment.] (c) For purposes of this section, unless the context otherwise requires: (1) "Energy-efficient motor vehicle" means a passenger motor vehicle that is: (A) An alternative fuel vehicle as defined by the Energy Policy Act of 1992 (P.L. 102-486); (B) A flexible fuel vehicle (FFV) utilizing ethanol, biodiesel, or any other commercially available alternative fuel approved by the United States department of energy; (C) A hybrid-electric vehicle (HEV); (D) A compact fuel-efficient vehicle, defined as a vehicle powered by unleaded gasoline that has a United States EPA estimated highway gasoline mileage rating of at least twenty-five miles per gallon (25 mpg) or greater for the model year purchased; (E) An electric vehicle (EV); (F) A vehicle powered by natural gas or propane; or (G) A vehicle powered by ultra low sulfur diesel fuel that meets Bin 5, Tier II emission standards mandated by the EPA and that has an EPA estimated highway mileage rating of at least thirty miles per gallon (30 mpg) or greater for the model year purchased; and (2) "Passenger motor vehicle" means a motor vehicle designed for carrying six (6) or fewer adult passengers and used for the transportation of persons; provided, that vans, including cargo vans, trucks, sport utility vehicles, and police pursuit vehicles shall not be considered passenger motor vehicles. (d) For purchases of vehicles that are not passenger motor vehicles, including cargo vans, trucks, and sport utility vehicles, the department is encouraged to make reasonable efforts to achieve a target goal that at least five percent (5%) of newly purchased vehicles are vehicles powered by natural gas or propane; provided, that such vehicles and fueling infrastructure are available at the time of procurement and such vehicles are purchased at competitive prices. (e) In order to facilitate the development of natural gas and propane fueling infrastructure, the department is authorized to participate in such pilot projects as may be necessary to ensure the availability of natural gas and propane fueling infrastructure throughout the interstate highway corridors in this state. Amended by 2024 Tenn. Acts, ch. 564,s 2, eff. 3/14/2024. Amended by 2014 Tenn. Acts, ch. 591, Secs.s 1, s 2 eff. 3/28/2014. Amended by 2013 Tenn. Acts, ch. 423, s 2, eff. 5/16/2013. Amended by 2013 Tenn. Acts, ch. 236, s 4, eff. 4/19/2013. Acts 2007 , ch. 532, § 1; 2009 , ch. 529, §§ 7 - 13; 2012 , ch. 604, § 4.
(a) The commissioner shall encourage the acquisition of energy-efficient and alternative fuel motor vehicles in the fleet of state vehicles. Each year, every effort should be made to achieve a target goal that one hundred percent (100%) of newly purchased passenger motor vehicles be energy-efficient or alternative fuel motor vehicles. The department shall ensure that at least twenty-five percent (25%) of newly purchased passenger motor vehicles procured for use in areas designated by the United States environmental protection agency (EPA) as nonattainment areas shall be all electric or hybrid-electric vehicles or vehicles powered by natural gas or propane; provided, that such vehicles and fueling infrastructure are available at the time of procurement and such vehicles are purchased at competitive prices. In the event that such vehicles or fueling infrastructure is not available at the time of procurement, the department may instead meet this mandate by procuring compact fuel-efficient vehicles. In areas not designated by the EPA as nonattainment areas, the department shall ensure that at least twenty-five percent (25%) of newly purchased passenger motor vehicles are all electric or hybrid-electric vehicles, vehicles powered by natural gas or propane, or compact fuel-efficient vehicles; provided, that such vehicles are purchased at competitive prices.
(b) (1) Commencing June 30, 2013, the commissioner shall compile and maintain information on the nature of passenger motor vehicles that are owned and leased by the state, including, but not limited to: (A) The number of passenger motor vehicles purchased during the fiscal year categorized by energy-efficiency; and (B) The number of passenger motor vehicles owned as of June 30 of each year categorized by energy-efficiency. (2) [Deleted by 2024 amendment.] (3) [Deleted by 2024 amendment.]
(1) Commencing June 30, 2013, the commissioner shall compile and maintain information on the nature of passenger motor vehicles that are owned and leased by the state, including, but not limited to: (A) The number of passenger motor vehicles purchased during the fiscal year categorized by energy-efficiency; and (B) The number of passenger motor vehicles owned as of June 30 of each year categorized by energy-efficiency.
(A) The number of passenger motor vehicles purchased during the fiscal year categorized by energy-efficiency; and
(B) The number of passenger motor vehicles owned as of June 30 of each year categorized by energy-efficiency.
(2) [Deleted by 2024 amendment.]
(3) [Deleted by 2024 amendment.]
(c) For purposes of this section, unless the context otherwise requires: (1) "Energy-efficient motor vehicle" means a passenger motor vehicle that is: (A) An alternative fuel vehicle as defined by the Energy Policy Act of 1992 (P.L. 102-486); (B) A flexible fuel vehicle (FFV) utilizing ethanol, biodiesel, or any other commercially available alternative fuel approved by the United States department of energy; (C) A hybrid-electric vehicle (HEV); (D) A compact fuel-efficient vehicle, defined as a vehicle powered by unleaded gasoline that has a United States EPA estimated highway gasoline mileage rating of at least twenty-five miles per gallon (25 mpg) or greater for the model year purchased; (E) An electric vehicle (EV); (F) A vehicle powered by natural gas or propane; or (G) A vehicle powered by ultra low sulfur diesel fuel that meets Bin 5, Tier II emission standards mandated by the EPA and that has an EPA estimated highway mileage rating of at least thirty miles per gallon (30 mpg) or greater for the model year purchased; and (2) "Passenger motor vehicle" means a motor vehicle designed for carrying six (6) or fewer adult passengers and used for the transportation of persons; provided, that vans, including cargo vans, trucks, sport utility vehicles, and police pursuit vehicles shall not be considered passenger motor vehicles.
(1) "Energy-efficient motor vehicle" means a passenger motor vehicle that is: (A) An alternative fuel vehicle as defined by the Energy Policy Act of 1992 (P.L. 102-486); (B) A flexible fuel vehicle (FFV) utilizing ethanol, biodiesel, or any other commercially available alternative fuel approved by the United States department of energy; (C) A hybrid-electric vehicle (HEV); (D) A compact fuel-efficient vehicle, defined as a vehicle powered by unleaded gasoline that has a United States EPA estimated highway gasoline mileage rating of at least twenty-five miles per gallon (25 mpg) or greater for the model year purchased; (E) An electric vehicle (EV); (F) A vehicle powered by natural gas or propane; or (G) A vehicle powered by ultra low sulfur diesel fuel that meets Bin 5, Tier II emission standards mandated by the EPA and that has an EPA estimated highway mileage rating of at least thirty miles per gallon (30 mpg) or greater for the model year purchased; and
(A) An alternative fuel vehicle as defined by the Energy Policy Act of 1992 (P.L. 102-486);
(B) A flexible fuel vehicle (FFV) utilizing ethanol, biodiesel, or any other commercially available alternative fuel approved by the United States department of energy;
(C) A hybrid-electric vehicle (HEV);
(D) A compact fuel-efficient vehicle, defined as a vehicle powered by unleaded gasoline that has a United States EPA estimated highway gasoline mileage rating of at least twenty-five miles per gallon (25 mpg) or greater for the model year purchased;
(E) An electric vehicle (EV);
(F) A vehicle powered by natural gas or propane; or
(G) A vehicle powered by ultra low sulfur diesel fuel that meets Bin 5, Tier II emission standards mandated by the EPA and that has an EPA estimated highway mileage rating of at least thirty miles per gallon (30 mpg) or greater for the model year purchased; and
(2) "Passenger motor vehicle" means a motor vehicle designed for carrying six (6) or fewer adult passengers and used for the transportation of persons; provided, that vans, including cargo vans, trucks, sport utility vehicles, and police pursuit vehicles shall not be considered passenger motor vehicles.
(d) For purchases of vehicles that are not passenger motor vehicles, including cargo vans, trucks, and sport utility vehicles, the department is encouraged to make reasonable efforts to achieve a target goal that at least five percent (5%) of newly purchased vehicles are vehicles powered by natural gas or propane; provided, that such vehicles and fueling infrastructure are available at the time of procurement and such vehicles are purchased at competitive prices.
(e) In order to facilitate the development of natural gas and propane fueling infrastructure, the department is authorized to participate in such pilot projects as may be necessary to ensure the availability of natural gas and propane fueling infrastructure throughout the interstate highway corridors in this state.
Amended by 2024 Tenn. Acts, ch. 564,s 2, eff. 3/14/2024.
Amended by 2014 Tenn. Acts, ch. 591, Secs.s 1, s 2 eff. 3/28/2014.
Amended by 2013 Tenn. Acts, ch. 423, s 2, eff. 5/16/2013.
Amended by 2013 Tenn. Acts, ch. 236, s 4, eff. 4/19/2013.
Acts 2007 , ch. 532, § 1; 2009 , ch. 529, §§ 7 - 13; 2012 , ch. 604, § 4.
Tenn. Code Ann. § 4-3-1501 — TN Code / Title 4 / Chapter 3 / Section 4-3-1501
Creation
Status: in_force

There is hereby created the legal department. Acts 1929, ch. 22, § 1; Code 1932, § 9950; modified.
There is hereby created the legal department.
Acts 1929, ch. 22, § 1; Code 1932, § 9950; modified.
Tenn. Code Ann. § 4-31-101 — TN Code / Title 4 / Chapter 31 / Section 4-31-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Tennessee Local Development Authority Act." Acts 1978, ch. 785, § 1; T.C.A., § 4-3101.
This chapter shall be known and may be cited as the "Tennessee Local Development Authority Act."
Acts 1978, ch. 785, § 1; T.C.A., § 4-3101.
Tenn. Code Ann. § 4-3-1201 — TN Code / Title 4 / Chapter 3 / Section 4-3-1201
Creation
Status: in_force

There is hereby created the department of human services. Acts 1937, ch. 33, § 1; 1939, ch. 11, § 1; C. Supp. 1950, § 255.1; Acts 1975, ch. 219, § 1; modified.
There is hereby created the department of human services.
Acts 1937, ch. 33, § 1; 1939, ch. 11, § 1; C. Supp. 1950, § 255.1; Acts 1975, ch. 219, § 1; modified.
Tenn. Code Ann. § 4-8-203 — TN Code / Title 4 / Chapter 8 / Section 4-8-203
Violation of parking or traffic regulations
Status: in_force

(a) (1) Any person found guilty of violation of the parking or traffic regulations promulgated under §§ 4-8-201 and 4-8-202 is subject to a civil penalty of ten dollars ($10.00) for the first offense, and twenty-five dollars ($25.00) for second and subsequent offenses during a one-year period. (2) Any person who is found guilty of four (4) or more violations during a one-year period shall have any state-issued parking permit revoked for a period of one (1) year from the date of the last violation. (3) This section shall also apply to parking violations in the state employee parking lots described in § 4-3-1105 , and to parking on any other property under state control. (4) Sections 4-8-201 , 4-8-202 and this section shall not apply to tourists with out-of-state auto tags. (b) (1) The commissioner of safety, or the commissioner's designee, shall conduct a hearing if the person charged with the violation so desires. (2) The hearing date shall be posted on the citation issued, and will be no less than fifteen (15), nor more than thirty-five (35), calendar days from the date of issuance. (3) Persons charged who do not desire a hearing may plead guilty to the charge by remitting the assessed civil penalty to the address on the citation. (4) At each such hearing, the state shall have the burden of proving the subject vehicle was in violation of the parking or traffic regulations promulgated under §§ 4-8-201 and 4-8-202 , and failure to carry such burden shall be cause for dismissal of the case. (c) As provided in §§ 55-8-186 and 55-10-312 , the proof of registration shall create the presumption the vehicle was operated by the owner or with the owner's knowledge and consent. It is the responsibility of the registered owner of the vehicle to provide the commissioner with sworn evidence that the vehicle was not being used by the owner, and provide the name, address and driver license number of the person in control of the vehicle at the time of the violation. If the owner fails to provide such information, then the owner shall become personally liable for the violation. (d) (1) Failure of the person to appear on, or remit the civil penalty by, the hearing date shall result in notice being mailed to the address of the registered owner of the vehicle. (2) The notice shall set forth a date for the owner to appear and present the information required in subsection (c). (e) (1) Failure of the registered owner, or the person who was in control of the vehicle on the date of the violation, to either appear for the scheduled hearing or remit the civil penalty shall cause the vehicle to be subject to immobilization. (2) If the vehicle is again found in violation, the vehicle will be immobilized by the department until such time as all outstanding civil penalties are paid by the owner. (f) It is the responsibility of the department to maintain records of all vehicles issued citations for violation of this chapter. (g) Any person aggrieved by a decision of the commissioner, or the commissioner's designee, may appeal in accordance with the Uniform Administrative Procedures Act, compiled in chapter 5 of this title. Acts 1951, ch. 131, § 3 (Williams, § 423a); modified; Acts 1955, ch. 219, § 1; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; impl. am. Acts 1972, ch. 543, §§ 5, 8; T.C.A. (orig. ed.), § 4-809; Acts 1990, ch. 917, § 1; 2001, ch. 109, § 2.
(a) (1) Any person found guilty of violation of the parking or traffic regulations promulgated under §§ 4-8-201 and 4-8-202 is subject to a civil penalty of ten dollars ($10.00) for the first offense, and twenty-five dollars ($25.00) for second and subsequent offenses during a one-year period. (2) Any person who is found guilty of four (4) or more violations during a one-year period shall have any state-issued parking permit revoked for a period of one (1) year from the date of the last violation. (3) This section shall also apply to parking violations in the state employee parking lots described in § 4-3-1105 , and to parking on any other property under state control. (4) Sections 4-8-201 , 4-8-202 and this section shall not apply to tourists with out-of-state auto tags.
(1) Any person found guilty of violation of the parking or traffic regulations promulgated under §§ 4-8-201 and 4-8-202 is subject to a civil penalty of ten dollars ($10.00) for the first offense, and twenty-five dollars ($25.00) for second and subsequent offenses during a one-year period.
(2) Any person who is found guilty of four (4) or more violations during a one-year period shall have any state-issued parking permit revoked for a period of one (1) year from the date of the last violation.
(3) This section shall also apply to parking violations in the state employee parking lots described in § 4-3-1105 , and to parking on any other property under state control.
(4) Sections 4-8-201 , 4-8-202 and this section shall not apply to tourists with out-of-state auto tags.
(b) (1) The commissioner of safety, or the commissioner's designee, shall conduct a hearing if the person charged with the violation so desires. (2) The hearing date shall be posted on the citation issued, and will be no less than fifteen (15), nor more than thirty-five (35), calendar days from the date of issuance. (3) Persons charged who do not desire a hearing may plead guilty to the charge by remitting the assessed civil penalty to the address on the citation. (4) At each such hearing, the state shall have the burden of proving the subject vehicle was in violation of the parking or traffic regulations promulgated under §§ 4-8-201 and 4-8-202 , and failure to carry such burden shall be cause for dismissal of the case.
(1) The commissioner of safety, or the commissioner's designee, shall conduct a hearing if the person charged with the violation so desires.
(2) The hearing date shall be posted on the citation issued, and will be no less than fifteen (15), nor more than thirty-five (35), calendar days from the date of issuance.
(3) Persons charged who do not desire a hearing may plead guilty to the charge by remitting the assessed civil penalty to the address on the citation.
(4) At each such hearing, the state shall have the burden of proving the subject vehicle was in violation of the parking or traffic regulations promulgated under §§ 4-8-201 and 4-8-202 , and failure to carry such burden shall be cause for dismissal of the case.
(c) As provided in §§ 55-8-186 and 55-10-312 , the proof of registration shall create the presumption the vehicle was operated by the owner or with the owner's knowledge and consent. It is the responsibility of the registered owner of the vehicle to provide the commissioner with sworn evidence that the vehicle was not being used by the owner, and provide the name, address and driver license number of the person in control of the vehicle at the time of the violation. If the owner fails to provide such information, then the owner shall become personally liable for the violation.
(d) (1) Failure of the person to appear on, or remit the civil penalty by, the hearing date shall result in notice being mailed to the address of the registered owner of the vehicle. (2) The notice shall set forth a date for the owner to appear and present the information required in subsection (c).
(1) Failure of the person to appear on, or remit the civil penalty by, the hearing date shall result in notice being mailed to the address of the registered owner of the vehicle.
(2) The notice shall set forth a date for the owner to appear and present the information required in subsection (c).
(e) (1) Failure of the registered owner, or the person who was in control of the vehicle on the date of the violation, to either appear for the scheduled hearing or remit the civil penalty shall cause the vehicle to be subject to immobilization. (2) If the vehicle is again found in violation, the vehicle will be immobilized by the department until such time as all outstanding civil penalties are paid by the owner.
(1) Failure of the registered owner, or the person who was in control of the vehicle on the date of the violation, to either appear for the scheduled hearing or remit the civil penalty shall cause the vehicle to be subject to immobilization.
(2) If the vehicle is again found in violation, the vehicle will be immobilized by the department until such time as all outstanding civil penalties are paid by the owner.
(f) It is the responsibility of the department to maintain records of all vehicles issued citations for violation of this chapter.
(g) Any person aggrieved by a decision of the commissioner, or the commissioner's designee, may appeal in accordance with the Uniform Administrative Procedures Act, compiled in chapter 5 of this title.
Acts 1951, ch. 131, § 3 (Williams, § 423a); modified; Acts 1955, ch. 219, § 1; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; impl. am. Acts 1972, ch. 543, §§ 5, 8; T.C.A. (orig. ed.), § 4-809; Acts 1990, ch. 917, § 1; 2001, ch. 109, § 2.
Tenn. Code Ann. § 4-21-403 — TN Code / Title 4 / Chapter 21 / Section 4-21-403
Employment agency practices
Status: in_force

It is a discriminatory practice for an employment agency to classify or refer for employment, or to fail or refuse to refer for employment, or otherwise to discriminate against any person because of race, creed, color, religion, sex, age or national origin. Acts 1978, ch. 748, § 9; T.C.A., § 4-2107; Acts 1980, ch. 732, § 6; T.C.A., § 4-21-107.
It is a discriminatory practice for an employment agency to classify or refer for employment, or to fail or refuse to refer for employment, or otherwise to discriminate against any person because of race, creed, color, religion, sex, age or national origin.
Acts 1978, ch. 748, § 9; T.C.A., § 4-2107; Acts 1980, ch. 732, § 6; T.C.A., § 4-21-107.
Tenn. Code Ann. § 4-44-104 — TN Code / Title 4 / Chapter 44 / Section 4-44-104
[Effective until 12/31/2027, see T.C.A. 4-44-116] Membership
Status: in_force

The commission consists of thirteen (13) ex officio voting members, or their respective designees, as follows: (1) The commissioner of tourist development; (2) The state historian; (3) The executive director of the Tennessee historical society; (4) The executive director of the Tennessee historical commission; (5) The state librarian and archivist; (6) The president of the Tennessee Sons of the American Revolution; (7) The state regent of the Tennessee Society, Daughters of the American Revolution; (8) Two (2) members of the house of representatives, to be appointed by the speaker of the house of representatives; (9) Two (2) members of the senate, to be appointed by the speaker of the senate; (10) The museum executive director of the state museum; and (11) The executive director of the East Tennessee historical society. Amended by 2024 Tenn. Acts, ch. 562,s 1, eff. 3/12/2024. Acts 2019, ch. 384, § 4.
The commission consists of thirteen (13) ex officio voting members, or their respective designees, as follows:
(1) The commissioner of tourist development;
(2) The state historian;
(3) The executive director of the Tennessee historical society;
(4) The executive director of the Tennessee historical commission;
(5) The state librarian and archivist;
(6) The president of the Tennessee Sons of the American Revolution;
(7) The state regent of the Tennessee Society, Daughters of the American Revolution;
(8) Two (2) members of the house of representatives, to be appointed by the speaker of the house of representatives;
(9) Two (2) members of the senate, to be appointed by the speaker of the senate;
(10) The museum executive director of the state museum; and
(11) The executive director of the East Tennessee historical society.
Amended by 2024 Tenn. Acts, ch. 562,s 1, eff. 3/12/2024.
Acts 2019, ch. 384, § 4.
Tenn. Code Ann. § 4-12-108 — TN Code / Title 4 / Chapter 12 / Section 4-12-108
Sales facilities authorized
Status: in_force

(a) The state museum is hereby authorized to operate sales facilities in the state museum. (b) Nothing in this chapter shall prevent the operation of sales facilities in the state museum by any nonprofit corporation that has as its chief purpose the support of the programs of the state museum. Amended by 2018 Tenn. Acts, ch. 821,s 6, eff. 4/24/2018. Acts 1975, ch. 291, § 1; T.C.A., § 4-1208; Acts 1991, ch. 213, § 7.
(a) The state museum is hereby authorized to operate sales facilities in the state museum.
(b) Nothing in this chapter shall prevent the operation of sales facilities in the state museum by any nonprofit corporation that has as its chief purpose the support of the programs of the state museum.
Amended by 2018 Tenn. Acts, ch. 821,s 6, eff. 4/24/2018.
Acts 1975, ch. 291, § 1; T.C.A., § 4-1208; Acts 1991, ch. 213, § 7.
Tenn. Code Ann. § 4-31-301 — TN Code / Title 4 / Chapter 31 / Section 4-31-301
Short title
Status: in_force

This part shall be known and may be cited as the "Industrial Development Loan Program of 1981." Acts 1981, ch. 453, § 1.
This part shall be known and may be cited as the "Industrial Development Loan Program of 1981."
Acts 1981, ch. 453, § 1.
Tenn. Code Ann. § 4-21-204 — TN Code / Title 4 / Chapter 21 / Section 4-21-204
Complaint form
Status: in_force

The office of the attorney general and reporter shall make a complaint form available on the office's website for persons alleged to have been aggrieved by the commission pursuant to the commission's authority under this chapter. The office of the attorney general and reporter shall also supply an individual with a written copy of the complaint form via the United States postal service upon request. The office shall facilitate the submission of complaint forms via the internet. If a complaint is filed via the internet, then the complaint is deemed to be signed so long as the name of the filer is indicated in the complaint. Anonymous complaints cannot be accepted by the office for investigative purposes. Added by 2022 Tenn. Acts, ch. 1127,s 4, eff. 6/1/2022.
The office of the attorney general and reporter shall make a complaint form available on the office's website for persons alleged to have been aggrieved by the commission pursuant to the commission's authority under this chapter. The office of the attorney general and reporter shall also supply an individual with a written copy of the complaint form via the United States postal service upon request. The office shall facilitate the submission of complaint forms via the internet. If a complaint is filed via the internet, then the complaint is deemed to be signed so long as the name of the filer is indicated in the complaint. Anonymous complaints cannot be accepted by the office for investigative purposes.
Added by 2022 Tenn. Acts, ch. 1127,s 4, eff. 6/1/2022.
Tenn. Code Ann. § 4-1-301 — TN Code / Title 4 / Chapter 1 / Section 4-1-301
State flag or banner
Status: in_force

(a) The flag or banner of this state shall be of the following design, colors and proportions, to wit: an oblong flag or banner in length one and two-thirds (12/3) times its width, the principal field of same to be of color red, but the flag or banner ending at its free or outer end in a perpendicular bar of blue, of uniform width, running from side to side, that is to say, from top to bottom of the flag or banner, and separated from the red field by a narrow margin or stripe of white of uniform width; the width of the white stripe to be one-fifth (1/5) that of the blue bar; and the total width of the bar and stripe together to be equal to one-eighth (1/8) of the width of the flag. In the center of the red field shall be a smaller circular field of blue, separated from the surrounding red field by a circular margin or stripe of white of uniform width and of the same width as the straight margin or stripe first mentioned. The breadth or diameter of the circular blue field, exclusive of the white margin, shall be equal to one-half (1/2) of the width of the flag. Inside the circular blue field shall be three (3) five-pointed stars of white distributed at equal intervals around a point, the center of the blue field, and of such size and arrangement that one (1) point of each star shall approach as closely as practicable without actually touching one (1) point of each of the other two (2) around the center point of the field; and the two (2) outer points of each star shall approach as nearly as practicable without actually touching the periphery of the blue field. The arrangement of the three (3) stars shall be such that the centers of no two (2) stars shall be in a line parallel to either the side or end of the flag, but intermediate between same; and the highest star shall be the one nearest the upper confined corner of the flag. (b) (1) It is an offense to knowingly manufacture or sell a state flag that is not in compliance with subsection (a). (2) This subsection (b) shall apply only to flags that are manufactured, sold or offered for sale as official state flags and shall not apply to miniature flags or flags manufactured, sold or offered for sale as souvenirs, novelties, decorations or toys. (3) A violation of this subsection (b) is considered a deceptive business practice and punishable as provided in § 39-14-127 . (c) (1) Each Tennessee state flag manufactured or otherwise produced shall have imprinted on the flag a legend or other markings, or both, sufficient to clearly indicate the proper manner in which to fly or otherwise display the Tennessee state flag. (2) The purpose of this subsection (c) is to ensure that the public does not fly or otherwise display the Tennessee state flag in any incorrect manner, especially not upside down. (3) For the purposes of this subsection (c), "Tennessee state flag" includes all flags that are manufactured, sold or offered for sale as official state flags. (d) All official flags of the United States and of the state of Tennessee, purchased under a state contract, shall be manufactured in the United States. Acts 1905, ch. 498; Shan., § 92a1; Code 1932, § 101; T.C.A. (orig. ed.), § 4-106; Acts 1990, ch. 1059, § 1; 2000, ch. 640, § 1; 2005, ch. 497, § 1.
(a) The flag or banner of this state shall be of the following design, colors and proportions, to wit: an oblong flag or banner in length one and two-thirds (12/3) times its width, the principal field of same to be of color red, but the flag or banner ending at its free or outer end in a perpendicular bar of blue, of uniform width, running from side to side, that is to say, from top to bottom of the flag or banner, and separated from the red field by a narrow margin or stripe of white of uniform width; the width of the white stripe to be one-fifth (1/5) that of the blue bar; and the total width of the bar and stripe together to be equal to one-eighth (1/8) of the width of the flag. In the center of the red field shall be a smaller circular field of blue, separated from the surrounding red field by a circular margin or stripe of white of uniform width and of the same width as the straight margin or stripe first mentioned. The breadth or diameter of the circular blue field, exclusive of the white margin, shall be equal to one-half (1/2) of the width of the flag. Inside the circular blue field shall be three (3) five-pointed stars of white distributed at equal intervals around a point, the center of the blue field, and of such size and arrangement that one (1) point of each star shall approach as closely as practicable without actually touching one (1) point of each of the other two (2) around the center point of the field; and the two (2) outer points of each star shall approach as nearly as practicable without actually touching the periphery of the blue field. The arrangement of the three (3) stars shall be such that the centers of no two (2) stars shall be in a line parallel to either the side or end of the flag, but intermediate between same; and the highest star shall be the one nearest the upper confined corner of the flag.
(b) (1) It is an offense to knowingly manufacture or sell a state flag that is not in compliance with subsection (a). (2) This subsection (b) shall apply only to flags that are manufactured, sold or offered for sale as official state flags and shall not apply to miniature flags or flags manufactured, sold or offered for sale as souvenirs, novelties, decorations or toys. (3) A violation of this subsection (b) is considered a deceptive business practice and punishable as provided in § 39-14-127 .
(1) It is an offense to knowingly manufacture or sell a state flag that is not in compliance with subsection (a).
(2) This subsection (b) shall apply only to flags that are manufactured, sold or offered for sale as official state flags and shall not apply to miniature flags or flags manufactured, sold or offered for sale as souvenirs, novelties, decorations or toys.
(3) A violation of this subsection (b) is considered a deceptive business practice and punishable as provided in § 39-14-127 .
(c) (1) Each Tennessee state flag manufactured or otherwise produced shall have imprinted on the flag a legend or other markings, or both, sufficient to clearly indicate the proper manner in which to fly or otherwise display the Tennessee state flag. (2) The purpose of this subsection (c) is to ensure that the public does not fly or otherwise display the Tennessee state flag in any incorrect manner, especially not upside down. (3) For the purposes of this subsection (c), "Tennessee state flag" includes all flags that are manufactured, sold or offered for sale as official state flags.
(1) Each Tennessee state flag manufactured or otherwise produced shall have imprinted on the flag a legend or other markings, or both, sufficient to clearly indicate the proper manner in which to fly or otherwise display the Tennessee state flag.
(2) The purpose of this subsection (c) is to ensure that the public does not fly or otherwise display the Tennessee state flag in any incorrect manner, especially not upside down.
(3) For the purposes of this subsection (c), "Tennessee state flag" includes all flags that are manufactured, sold or offered for sale as official state flags.
(d) All official flags of the United States and of the state of Tennessee, purchased under a state contract, shall be manufactured in the United States.
Acts 1905, ch. 498; Shan., § 92a1; Code 1932, § 101; T.C.A. (orig. ed.), § 4-106; Acts 1990, ch. 1059, § 1; 2000, ch. 640, § 1; 2005, ch. 497, § 1.
Tenn. Code Ann. § 4-51-118 — TN Code / Title 4 / Chapter 51 / Section 4-51-118
Retailer fidelity fund - Retailer fee - Reserve account to cover losses - Retailer bond
Status: in_force

(a) The corporation may establish a fidelity fund separate from all other funds and shall assess each retailer a one-time fee not to exceed one hundred dollars ($100) per sales location. In accordance with § 4-51-106 , the corporation is authorized to invest the funds or place such funds in one (1) or more interest-bearing accounts. Moneys deposited to the fund may be used to cover losses the corporation experiences due to nonfeasance, misfeasance or malfeasance of a lottery retailer. In addition, the funds may be used to purchase blanket bonds covering the corporation against losses from all lottery retailers. At the end of each fiscal year, the corporation shall pay to the lottery for education account any amount in the fidelity fund that exceeds five hundred thousand dollars ($500,000), and such funds shall be commingled with and treated as net proceeds from the lottery. (b) A reserve account may be established as a general operating expense account to cover amounts deemed uncollectable. The corporation shall establish procedures for minimizing any losses that may be experienced for the foregoing reasons and shall exercise and exhaust all available options in such procedures prior to amounts being written off to this account. (c) (1) The corporation may require any retailer to post an appropriate bond, as determined by the corporation, using an insurance company acceptable to the corporation; provided, however, that after one (1) full fiscal year of lottery operations the amount of any such bond shall not exceed the applicable district sales average of lottery tickets for two (2) quarterly billing periods. (2) In its discretion, the corporation may allow a retailer to deposit and maintain with the corporation securities that are interest bearing or accruing. Securities eligible under this subdivision (c)(2) shall be limited to: (A) Certificates of deposit issued by solvent banks or savings associations organized and existing under the laws of this state or under the laws of the United States; (B) United States bonds, notes, and bills for which the full faith and credit of the United States is pledged for the payment of principal and interest; (C) Federal agency securities by an agency or instrumentality of the United States government. (3) Such securities shall be held in trust in the name of the corporation. Acts 2003, ch. 297, § 2.
(a) The corporation may establish a fidelity fund separate from all other funds and shall assess each retailer a one-time fee not to exceed one hundred dollars ($100) per sales location. In accordance with § 4-51-106 , the corporation is authorized to invest the funds or place such funds in one (1) or more interest-bearing accounts. Moneys deposited to the fund may be used to cover losses the corporation experiences due to nonfeasance, misfeasance or malfeasance of a lottery retailer. In addition, the funds may be used to purchase blanket bonds covering the corporation against losses from all lottery retailers. At the end of each fiscal year, the corporation shall pay to the lottery for education account any amount in the fidelity fund that exceeds five hundred thousand dollars ($500,000), and such funds shall be commingled with and treated as net proceeds from the lottery.
(b) A reserve account may be established as a general operating expense account to cover amounts deemed uncollectable. The corporation shall establish procedures for minimizing any losses that may be experienced for the foregoing reasons and shall exercise and exhaust all available options in such procedures prior to amounts being written off to this account.
(c) (1) The corporation may require any retailer to post an appropriate bond, as determined by the corporation, using an insurance company acceptable to the corporation; provided, however, that after one (1) full fiscal year of lottery operations the amount of any such bond shall not exceed the applicable district sales average of lottery tickets for two (2) quarterly billing periods. (2) In its discretion, the corporation may allow a retailer to deposit and maintain with the corporation securities that are interest bearing or accruing. Securities eligible under this subdivision (c)(2) shall be limited to: (A) Certificates of deposit issued by solvent banks or savings associations organized and existing under the laws of this state or under the laws of the United States; (B) United States bonds, notes, and bills for which the full faith and credit of the United States is pledged for the payment of principal and interest; (C) Federal agency securities by an agency or instrumentality of the United States government. (3) Such securities shall be held in trust in the name of the corporation.
(1) The corporation may require any retailer to post an appropriate bond, as determined by the corporation, using an insurance company acceptable to the corporation; provided, however, that after one (1) full fiscal year of lottery operations the amount of any such bond shall not exceed the applicable district sales average of lottery tickets for two (2) quarterly billing periods.
(2) In its discretion, the corporation may allow a retailer to deposit and maintain with the corporation securities that are interest bearing or accruing. Securities eligible under this subdivision (c)(2) shall be limited to: (A) Certificates of deposit issued by solvent banks or savings associations organized and existing under the laws of this state or under the laws of the United States; (B) United States bonds, notes, and bills for which the full faith and credit of the United States is pledged for the payment of principal and interest; (C) Federal agency securities by an agency or instrumentality of the United States government.
(A) Certificates of deposit issued by solvent banks or savings associations organized and existing under the laws of this state or under the laws of the United States;
(B) United States bonds, notes, and bills for which the full faith and credit of the United States is pledged for the payment of principal and interest;
(C) Federal agency securities by an agency or instrumentality of the United States government.
(3) Such securities shall be held in trust in the name of the corporation.
Acts 2003, ch. 297, § 2.
Tenn. Code Ann. § 4-3-1306 — TN Code / Title 4 / Chapter 3 / Section 4-3-1306
License, certification or registration - Notifications - Prerequisites - Website - Notifications by electronic mail
Status: in_force

(a) The department and any division, board, commission, committee, or other governmental entity under the jurisdiction of, or administratively attached to, the department shall notify each applicant for a professional or occupational license, certification or registration from the department, division, board, commission, agency or other governmental entity where to obtain a copy of any statutes, rules, policies, and guidelines setting forth the prerequisites for the license, certification or registration and shall, upon request, make available to the applicant a copy of the statutes, rules, policies, and guidelines. (b) The department and any division, board, commission, committee, or other governmental entity under the jurisdiction of, or administratively attached to, the department shall notify each holder of a professional or occupational license, certification or registration from the department, division, board, commission, committee, agency or other governmental entity of changes in state law that impact the holder and are implemented or enforced by the entity, including newly promulgated or amended statutes, rules, policies, and guidelines, upon the issuance and upon each renewal of a holder's license, certification or registration. (c) The department and any division, board, commission, committee, or other governmental entity under the jurisdiction of, or administratively attached to, the department shall establish and maintain a link or links on the entity's website to the statutes, rules, policies, and guidelines that are implemented or enforced by the entity and that impact an applicant for, or a holder of, a professional or occupational license, certification, or registration from the entity. (d) (1) The department and any division, board, commission, committee, agency, or other governmental entity under the jurisdiction of, or administratively attached to, the department shall allow each holder of a professional or occupational license, certification or registration from the department, division, board, commission, committee, agency or other governmental entity to have the option of being notified by electronic mail of: (A) Renewals of the holder's license, certification or registration; (B) Any fee increases; (C) Any changes in state law that impact the holder and are implemented or enforced by the entity, including newly promulgated or amended statutes, rules, policies and guidelines; and (D) Any meeting where changes in rules or fees are on the agenda. For purposes of this subdivision (d)(1)(D), the electronic notice shall be at least forty-five (45) days in advance of the meeting, unless it is an emergency meeting then the notice shall be sent as soon as is practicable. (2) The department and any division, board, commission, committee, agency or other governmental entity under the jurisdiction of, or administratively attached to, the department shall notify each holder of a license, certification or registration of the availability of receiving electronic notices pursuant to subdivision (d)(1) upon issuance or renewal of the holder's license, certification or registration. Acts 2008 , ch. 1070, § 8; 2012 , ch. 952, § 5.
(a) The department and any division, board, commission, committee, or other governmental entity under the jurisdiction of, or administratively attached to, the department shall notify each applicant for a professional or occupational license, certification or registration from the department, division, board, commission, agency or other governmental entity where to obtain a copy of any statutes, rules, policies, and guidelines setting forth the prerequisites for the license, certification or registration and shall, upon request, make available to the applicant a copy of the statutes, rules, policies, and guidelines.
(b) The department and any division, board, commission, committee, or other governmental entity under the jurisdiction of, or administratively attached to, the department shall notify each holder of a professional or occupational license, certification or registration from the department, division, board, commission, committee, agency or other governmental entity of changes in state law that impact the holder and are implemented or enforced by the entity, including newly promulgated or amended statutes, rules, policies, and guidelines, upon the issuance and upon each renewal of a holder's license, certification or registration.
(c) The department and any division, board, commission, committee, or other governmental entity under the jurisdiction of, or administratively attached to, the department shall establish and maintain a link or links on the entity's website to the statutes, rules, policies, and guidelines that are implemented or enforced by the entity and that impact an applicant for, or a holder of, a professional or occupational license, certification, or registration from the entity.
(d) (1) The department and any division, board, commission, committee, agency, or other governmental entity under the jurisdiction of, or administratively attached to, the department shall allow each holder of a professional or occupational license, certification or registration from the department, division, board, commission, committee, agency or other governmental entity to have the option of being notified by electronic mail of: (A) Renewals of the holder's license, certification or registration; (B) Any fee increases; (C) Any changes in state law that impact the holder and are implemented or enforced by the entity, including newly promulgated or amended statutes, rules, policies and guidelines; and (D) Any meeting where changes in rules or fees are on the agenda. For purposes of this subdivision (d)(1)(D), the electronic notice shall be at least forty-five (45) days in advance of the meeting, unless it is an emergency meeting then the notice shall be sent as soon as is practicable. (2) The department and any division, board, commission, committee, agency or other governmental entity under the jurisdiction of, or administratively attached to, the department shall notify each holder of a license, certification or registration of the availability of receiving electronic notices pursuant to subdivision (d)(1) upon issuance or renewal of the holder's license, certification or registration.
(1) The department and any division, board, commission, committee, agency, or other governmental entity under the jurisdiction of, or administratively attached to, the department shall allow each holder of a professional or occupational license, certification or registration from the department, division, board, commission, committee, agency or other governmental entity to have the option of being notified by electronic mail of: (A) Renewals of the holder's license, certification or registration; (B) Any fee increases; (C) Any changes in state law that impact the holder and are implemented or enforced by the entity, including newly promulgated or amended statutes, rules, policies and guidelines; and (D) Any meeting where changes in rules or fees are on the agenda. For purposes of this subdivision (d)(1)(D), the electronic notice shall be at least forty-five (45) days in advance of the meeting, unless it is an emergency meeting then the notice shall be sent as soon as is practicable.
(A) Renewals of the holder's license, certification or registration;
(B) Any fee increases;
(C) Any changes in state law that impact the holder and are implemented or enforced by the entity, including newly promulgated or amended statutes, rules, policies and guidelines; and
(D) Any meeting where changes in rules or fees are on the agenda. For purposes of this subdivision (d)(1)(D), the electronic notice shall be at least forty-five (45) days in advance of the meeting, unless it is an emergency meeting then the notice shall be sent as soon as is practicable.
(2) The department and any division, board, commission, committee, agency or other governmental entity under the jurisdiction of, or administratively attached to, the department shall notify each holder of a license, certification or registration of the availability of receiving electronic notices pursuant to subdivision (d)(1) upon issuance or renewal of the holder's license, certification or registration.
Acts 2008 , ch. 1070, § 8; 2012 , ch. 952, § 5.
Tenn. Code Ann. § 4-49-203 — TN Code / Title 4 / Chapter 49 / Section 4-49-203
Licensure of fantasy sports operator - Application - Records of player accounts
Status: in_force

(a) It shall be a violation of § 39-17-503 for any person to offer fantasy sports contests through an online digital platform that enables Tennessee consumers to participate in such contests without that person being licensed as a fantasy sports operator by the sports wagering advisory council. (b) Any person seeking to be a licensed fantasy sports operator shall submit an application, along with the required fee, to the sports wagering advisory council. The applicant shall provide sufficient documentation to the sports wagering advisory council to assure that such applicant meets the requirements for licensure, including, but not limited to: (1) The name of the applicant; (2) The location of the applicant's principal place of business; (3) A complete disclosure of the true ownership of the applicant, as determined by the sports wagering advisory council; (4) The applicant's criminal record, if any, or if the applicant is a business entity, the criminal records, if any, of any person owning a significant ownership interest in the applicant, as determined through rule by the sports wagering advisory council; (5) Any ownership interest held by a director, officer, policy-making manager, or principal stockholder in any entity previously or currently licensed by another entity that licenses fantasy sports operators or similar entities; (6) A description of any physical facility operated by the fantasy sports operator in this state, the facility's employees, and the nature of the facility's business; (7) Information sufficient to show, as determined by the sports wagering advisory council, that the applicant: (A) Limits individual player deposits to no more than two thousand five hundred dollars ($2,500) per month, unless the player provides reasonable certification or proof, including the types of certifications used to qualify accredited investors as defined in § 48-1-102 , to the fantasy sports operator that the player's deposit limit should be increased; (B) Protects player funds on deposit by, at a minimum: (i) Segregating player funds from operating funds; and (ii) (a) Maintaining a reserve for the benefit and protection of authorized players' funds in fantasy sports accounts; (b) The amount and form of the reserve shall be set forth in rules promulgated by the sports wagering advisory council; and (C) Limits each player to one (1) active and continuously used account by: (i) Verifying each player's true identity and location using commercially reasonable means; (ii) Closing each account previously held by a player when a new account is opened by that same player while carrying over any designations applicable to that account; (iii) Using technologically reasonable measures to prevent the use of proxy servers; and (iv) Using technologically reasonable measures to detect and prevent the use of a player's account by other players; (8) Information sufficient to show that the applicant is in good standing with the department of revenue; and (9) Any other information the sports wagering advisory council deems necessary. (c) In order to maintain a fantasy sports operator license, the licensee shall maintain records of all player accounts, retain such records for five (5) years from the date the account was created, and submit annual reports of all fantasy sports accounts opened or maintained by Tennessee consumers to the sports wagering advisory council, including the following information: (1) All account transactions; (2) All winnings by Tennessee consumers; (3) The amount in accounts opened or maintained by Tennessee consumers; and (4) All fantasy sports operator revenue derived from Tennessee consumer accounts and transactions. Renumbered from 47-18-1603 by 2023 Tenn. Acts, ch. 143,s 5, eff. 7/1/2023. Added by 2016 Tenn. Acts, ch. 978, s 1, eff. 7/1/2016.
(a) It shall be a violation of § 39-17-503 for any person to offer fantasy sports contests through an online digital platform that enables Tennessee consumers to participate in such contests without that person being licensed as a fantasy sports operator by the sports wagering advisory council.
(b) Any person seeking to be a licensed fantasy sports operator shall submit an application, along with the required fee, to the sports wagering advisory council. The applicant shall provide sufficient documentation to the sports wagering advisory council to assure that such applicant meets the requirements for licensure, including, but not limited to: (1) The name of the applicant; (2) The location of the applicant's principal place of business; (3) A complete disclosure of the true ownership of the applicant, as determined by the sports wagering advisory council; (4) The applicant's criminal record, if any, or if the applicant is a business entity, the criminal records, if any, of any person owning a significant ownership interest in the applicant, as determined through rule by the sports wagering advisory council; (5) Any ownership interest held by a director, officer, policy-making manager, or principal stockholder in any entity previously or currently licensed by another entity that licenses fantasy sports operators or similar entities; (6) A description of any physical facility operated by the fantasy sports operator in this state, the facility's employees, and the nature of the facility's business; (7) Information sufficient to show, as determined by the sports wagering advisory council, that the applicant: (A) Limits individual player deposits to no more than two thousand five hundred dollars ($2,500) per month, unless the player provides reasonable certification or proof, including the types of certifications used to qualify accredited investors as defined in § 48-1-102 , to the fantasy sports operator that the player's deposit limit should be increased; (B) Protects player funds on deposit by, at a minimum: (i) Segregating player funds from operating funds; and (ii) (a) Maintaining a reserve for the benefit and protection of authorized players' funds in fantasy sports accounts; (b) The amount and form of the reserve shall be set forth in rules promulgated by the sports wagering advisory council; and (C) Limits each player to one (1) active and continuously used account by: (i) Verifying each player's true identity and location using commercially reasonable means; (ii) Closing each account previously held by a player when a new account is opened by that same player while carrying over any designations applicable to that account; (iii) Using technologically reasonable measures to prevent the use of proxy servers; and (iv) Using technologically reasonable measures to detect and prevent the use of a player's account by other players; (8) Information sufficient to show that the applicant is in good standing with the department of revenue; and (9) Any other information the sports wagering advisory council deems necessary.
(1) The name of the applicant;
(2) The location of the applicant's principal place of business;
(3) A complete disclosure of the true ownership of the applicant, as determined by the sports wagering advisory council;
(4) The applicant's criminal record, if any, or if the applicant is a business entity, the criminal records, if any, of any person owning a significant ownership interest in the applicant, as determined through rule by the sports wagering advisory council;
(5) Any ownership interest held by a director, officer, policy-making manager, or principal stockholder in any entity previously or currently licensed by another entity that licenses fantasy sports operators or similar entities;
(6) A description of any physical facility operated by the fantasy sports operator in this state, the facility's employees, and the nature of the facility's business;
(7) Information sufficient to show, as determined by the sports wagering advisory council, that the applicant: (A) Limits individual player deposits to no more than two thousand five hundred dollars ($2,500) per month, unless the player provides reasonable certification or proof, including the types of certifications used to qualify accredited investors as defined in § 48-1-102 , to the fantasy sports operator that the player's deposit limit should be increased; (B) Protects player funds on deposit by, at a minimum: (i) Segregating player funds from operating funds; and (ii) (a) Maintaining a reserve for the benefit and protection of authorized players' funds in fantasy sports accounts; (b) The amount and form of the reserve shall be set forth in rules promulgated by the sports wagering advisory council; and (C) Limits each player to one (1) active and continuously used account by: (i) Verifying each player's true identity and location using commercially reasonable means; (ii) Closing each account previously held by a player when a new account is opened by that same player while carrying over any designations applicable to that account; (iii) Using technologically reasonable measures to prevent the use of proxy servers; and (iv) Using technologically reasonable measures to detect and prevent the use of a player's account by other players;
(A) Limits individual player deposits to no more than two thousand five hundred dollars ($2,500) per month, unless the player provides reasonable certification or proof, including the types of certifications used to qualify accredited investors as defined in § 48-1-102 , to the fantasy sports operator that the player's deposit limit should be increased;
(B) Protects player funds on deposit by, at a minimum: (i) Segregating player funds from operating funds; and (ii) (a) Maintaining a reserve for the benefit and protection of authorized players' funds in fantasy sports accounts; (b) The amount and form of the reserve shall be set forth in rules promulgated by the sports wagering advisory council; and
(i) Segregating player funds from operating funds; and
(ii) (a) Maintaining a reserve for the benefit and protection of authorized players' funds in fantasy sports accounts; (b) The amount and form of the reserve shall be set forth in rules promulgated by the sports wagering advisory council; and
(a) Maintaining a reserve for the benefit and protection of authorized players' funds in fantasy sports accounts;
(b) The amount and form of the reserve shall be set forth in rules promulgated by the sports wagering advisory council; and
(C) Limits each player to one (1) active and continuously used account by: (i) Verifying each player's true identity and location using commercially reasonable means; (ii) Closing each account previously held by a player when a new account is opened by that same player while carrying over any designations applicable to that account; (iii) Using technologically reasonable measures to prevent the use of proxy servers; and (iv) Using technologically reasonable measures to detect and prevent the use of a player's account by other players;
(i) Verifying each player's true identity and location using commercially reasonable means;
(ii) Closing each account previously held by a player when a new account is opened by that same player while carrying over any designations applicable to that account;
(iii) Using technologically reasonable measures to prevent the use of proxy servers; and
(iv) Using technologically reasonable measures to detect and prevent the use of a player's account by other players;
(8) Information sufficient to show that the applicant is in good standing with the department of revenue; and
(9) Any other information the sports wagering advisory council deems necessary.
(c) In order to maintain a fantasy sports operator license, the licensee shall maintain records of all player accounts, retain such records for five (5) years from the date the account was created, and submit annual reports of all fantasy sports accounts opened or maintained by Tennessee consumers to the sports wagering advisory council, including the following information: (1) All account transactions; (2) All winnings by Tennessee consumers; (3) The amount in accounts opened or maintained by Tennessee consumers; and (4) All fantasy sports operator revenue derived from Tennessee consumer accounts and transactions.
(1) All account transactions;
(2) All winnings by Tennessee consumers;
(3) The amount in accounts opened or maintained by Tennessee consumers; and
(4) All fantasy sports operator revenue derived from Tennessee consumer accounts and transactions.
Renumbered from 47-18-1603 by 2023 Tenn. Acts, ch. 143,s 5, eff. 7/1/2023.
Added by 2016 Tenn. Acts, ch. 978, s 1, eff. 7/1/2016.
Tenn. Code Ann. § 4-24-106 — TN Code / Title 4 / Chapter 24 / Section 4-24-106
Duties
Status: in_force

The commission shall: (1) Certify firetraining instructors; (2) Certify training and education programs prescribed by the commission; (3) Recommend and approve curricula for advanced courses and seminars in fire science, fire engineering and training in institutions of higher education or other state supported schools; (4) Approve all fire services curricula offered through the Tennessee fire services and codes enforcement academy; (5) Establish classifications based on training and education for full-time or volunteer fire service personnel who desire to be certified and who successfully pass the examination given by the commission; and (6) Administer the educational incentive provided in part 2 of this chapter. Acts 1974, ch. 726, § 6; 1979, ch. 258, § 3; T.C.A., § 4-2406; Acts 1988, ch. 1003, § 1; 2004, ch. 427, §§ 2, 3; 2007, ch. 237, § 1.
The commission shall:
(1) Certify firetraining instructors;
(2) Certify training and education programs prescribed by the commission;
(3) Recommend and approve curricula for advanced courses and seminars in fire science, fire engineering and training in institutions of higher education or other state supported schools;
(4) Approve all fire services curricula offered through the Tennessee fire services and codes enforcement academy;
(5) Establish classifications based on training and education for full-time or volunteer fire service personnel who desire to be certified and who successfully pass the examination given by the commission; and
(6) Administer the educational incentive provided in part 2 of this chapter.
Acts 1974, ch. 726, § 6; 1979, ch. 258, § 3; T.C.A., § 4-2406; Acts 1988, ch. 1003, § 1; 2004, ch. 427, §§ 2, 3; 2007, ch. 237, § 1.
Tenn. Code Ann. § 4-21-201 — TN Code / Title 4 / Chapter 21 / Section 4-21-201
Commission created - Members
Status: in_force

(a) There is created the Tennessee human rights commission. (b) (1) The commission consists of nine (9) members to be appointed as follows: (A) The speaker of the senate shall appoint three (3) members; (B) The speaker of the house of representatives shall appoint three (3) members; and (C) The governor shall appoint three (3) members. (2) The appointing authorities shall appoint one (1) member from each grand division of the state. (c) (1) The entire membership of the commission as composed on August 31, 2022, must be vacated on September 1, 2022, and new members appointed in accordance with subsection (b). (2) In order to stagger the terms of the newly appointed commission members, initial appointments must be made as follows: (A) Each of the appointing authorities shall make one (1) initial appointment for a term that begins on September 1, 2022, and expires on June 30, 2024; (B) Each of the appointing authorities shall make one (1) initial appointment for a term that begins on September 1, 2022, and expires on June 30, 2025; and (C) Each of the appointing authorities shall make one (1) initial appointment for a term that begins on September 1, 2022, and expires on June 30, 2026. (d) (1) Except as provided in subdivision (d)(5)(B), following the expiration of members' initial terms as prescribed in subdivision (c)(2), appointments to the commission must be for terms of four (4) years and must begin on July 1 and terminate on June 30, four (4) years thereafter. (2) Each member shall serve until the expiration of the term to which the member was appointed and until the member's successor is appointed and qualified. (3) A vacancy occurring other than by expiration of a term must be filled in the same manner as the original appointment but for the unexpired term only. (4) A successor must be appointed from the same grand division of the state in which the member being replaced resides. (5) (A) Excluding the initial terms as provided in subdivision (c)(2), a member is eligible for reappointment to the commission following the expiration of the member's term, but may serve no more than two (2) consecutive four-year terms. (B) The initial term served by the person appointed under subdivision (c)(2)(C) is considered a four-year term served under subdivision (d)(5)(A). (e) The commission shall designate one (1) member to serve as chair for a two-year term. A member may serve as chair for up to two (2) consecutive two-year terms, and is eligible to be reappointed as chair after a minimum two-year break in service. (f) Members must be appointed on a nonpartisan basis and must be broadly representative of employees, proprietors, trade unions, religious groups, human rights groups, and the general public. (g) Members are entitled to reimbursement for expenses incurred in the performance of their duties and to reasonable fees for each day of service as hearing examiners. (h) (1) A member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year must be removed as a member of the commission. (2) The chair of the commission shall promptly notify, or cause to be notified, the appointing authority of a member who fails to satisfy the attendance requirement as prescribed in subdivision (h)(1) of the need for a new appointment. (i) Notwithstanding a provision of the Tennessee Governmental Entity Review Law, compiled in chapter 29 of this title, to the contrary, the commission shall provide a detailed accounting of its finances and a comprehensive analysis of how the commission is adhering to the requirements of this chapter to the division of audit within the office of the comptroller of the treasury, the chair of the government operations committee of the house of representatives, and the chair of the government operations committee of the senate no later than January 15 of each year for review. Amended by 2022 Tenn. Acts, ch. 1127, s 1, eff. 6/1/2022. Amended by 2014 Tenn. Acts, ch. 988,s 1, eff. 1/1/2015. Acts 1978, ch. 748, §§ 4, 5; T.C.A., § 4-2103; Acts 1983, ch. 64, § 1; T.C.A., § 4-21-103; Acts 2005, ch. 229, § 1.
(a) There is created the Tennessee human rights commission.
(b) (1) The commission consists of nine (9) members to be appointed as follows: (A) The speaker of the senate shall appoint three (3) members; (B) The speaker of the house of representatives shall appoint three (3) members; and (C) The governor shall appoint three (3) members. (2) The appointing authorities shall appoint one (1) member from each grand division of the state.
(1) The commission consists of nine (9) members to be appointed as follows: (A) The speaker of the senate shall appoint three (3) members; (B) The speaker of the house of representatives shall appoint three (3) members; and (C) The governor shall appoint three (3) members.
(A) The speaker of the senate shall appoint three (3) members;
(B) The speaker of the house of representatives shall appoint three (3) members; and
(C) The governor shall appoint three (3) members.
(2) The appointing authorities shall appoint one (1) member from each grand division of the state.
(c) (1) The entire membership of the commission as composed on August 31, 2022, must be vacated on September 1, 2022, and new members appointed in accordance with subsection (b). (2) In order to stagger the terms of the newly appointed commission members, initial appointments must be made as follows: (A) Each of the appointing authorities shall make one (1) initial appointment for a term that begins on September 1, 2022, and expires on June 30, 2024; (B) Each of the appointing authorities shall make one (1) initial appointment for a term that begins on September 1, 2022, and expires on June 30, 2025; and (C) Each of the appointing authorities shall make one (1) initial appointment for a term that begins on September 1, 2022, and expires on June 30, 2026.
(1) The entire membership of the commission as composed on August 31, 2022, must be vacated on September 1, 2022, and new members appointed in accordance with subsection (b).
(2) In order to stagger the terms of the newly appointed commission members, initial appointments must be made as follows: (A) Each of the appointing authorities shall make one (1) initial appointment for a term that begins on September 1, 2022, and expires on June 30, 2024; (B) Each of the appointing authorities shall make one (1) initial appointment for a term that begins on September 1, 2022, and expires on June 30, 2025; and (C) Each of the appointing authorities shall make one (1) initial appointment for a term that begins on September 1, 2022, and expires on June 30, 2026.
(A) Each of the appointing authorities shall make one (1) initial appointment for a term that begins on September 1, 2022, and expires on June 30, 2024;
(B) Each of the appointing authorities shall make one (1) initial appointment for a term that begins on September 1, 2022, and expires on June 30, 2025; and
(C) Each of the appointing authorities shall make one (1) initial appointment for a term that begins on September 1, 2022, and expires on June 30, 2026.
(d) (1) Except as provided in subdivision (d)(5)(B), following the expiration of members' initial terms as prescribed in subdivision (c)(2), appointments to the commission must be for terms of four (4) years and must begin on July 1 and terminate on June 30, four (4) years thereafter. (2) Each member shall serve until the expiration of the term to which the member was appointed and until the member's successor is appointed and qualified. (3) A vacancy occurring other than by expiration of a term must be filled in the same manner as the original appointment but for the unexpired term only. (4) A successor must be appointed from the same grand division of the state in which the member being replaced resides. (5) (A) Excluding the initial terms as provided in subdivision (c)(2), a member is eligible for reappointment to the commission following the expiration of the member's term, but may serve no more than two (2) consecutive four-year terms. (B) The initial term served by the person appointed under subdivision (c)(2)(C) is considered a four-year term served under subdivision (d)(5)(A).
(1) Except as provided in subdivision (d)(5)(B), following the expiration of members' initial terms as prescribed in subdivision (c)(2), appointments to the commission must be for terms of four (4) years and must begin on July 1 and terminate on June 30, four (4) years thereafter.
(2) Each member shall serve until the expiration of the term to which the member was appointed and until the member's successor is appointed and qualified.
(3) A vacancy occurring other than by expiration of a term must be filled in the same manner as the original appointment but for the unexpired term only.
(4) A successor must be appointed from the same grand division of the state in which the member being replaced resides.
(5) (A) Excluding the initial terms as provided in subdivision (c)(2), a member is eligible for reappointment to the commission following the expiration of the member's term, but may serve no more than two (2) consecutive four-year terms. (B) The initial term served by the person appointed under subdivision (c)(2)(C) is considered a four-year term served under subdivision (d)(5)(A).
(A) Excluding the initial terms as provided in subdivision (c)(2), a member is eligible for reappointment to the commission following the expiration of the member's term, but may serve no more than two (2) consecutive four-year terms.
(B) The initial term served by the person appointed under subdivision (c)(2)(C) is considered a four-year term served under subdivision (d)(5)(A).
(e) The commission shall designate one (1) member to serve as chair for a two-year term. A member may serve as chair for up to two (2) consecutive two-year terms, and is eligible to be reappointed as chair after a minimum two-year break in service.
(f) Members must be appointed on a nonpartisan basis and must be broadly representative of employees, proprietors, trade unions, religious groups, human rights groups, and the general public.
(g) Members are entitled to reimbursement for expenses incurred in the performance of their duties and to reasonable fees for each day of service as hearing examiners.
(h) (1) A member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year must be removed as a member of the commission. (2) The chair of the commission shall promptly notify, or cause to be notified, the appointing authority of a member who fails to satisfy the attendance requirement as prescribed in subdivision (h)(1) of the need for a new appointment.
(1) A member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year must be removed as a member of the commission.
(2) The chair of the commission shall promptly notify, or cause to be notified, the appointing authority of a member who fails to satisfy the attendance requirement as prescribed in subdivision (h)(1) of the need for a new appointment.
(i) Notwithstanding a provision of the Tennessee Governmental Entity Review Law, compiled in chapter 29 of this title, to the contrary, the commission shall provide a detailed accounting of its finances and a comprehensive analysis of how the commission is adhering to the requirements of this chapter to the division of audit within the office of the comptroller of the treasury, the chair of the government operations committee of the house of representatives, and the chair of the government operations committee of the senate no later than January 15 of each year for review.
Amended by 2022 Tenn. Acts, ch. 1127, s 1, eff. 6/1/2022.
Amended by 2014 Tenn. Acts, ch. 988,s 1, eff. 1/1/2015.
Acts 1978, ch. 748, §§ 4, 5; T.C.A., § 4-2103; Acts 1983, ch. 64, § 1; T.C.A., § 4-21-103; Acts 2005, ch. 229, § 1.
Tenn. Code Ann. § 4-31-506 — TN Code / Title 4 / Chapter 31 / Section 4-31-506
Loan agreements
Status: in_force

(a) Subject to § 4-31-505 and all other existing contractual obligations of the county, the authority may enter into loan agreements with a county and the county may enter into loan agreements with the authority for loans to pay for equipment for a county's public safety officers or a volunteer fire department's public safety officers. (b) Any loan agreement may include such provisions as may be agreed upon by the authority and the county, subject to § 4-31-505 and shall additionally include, in substance, the following: (1) The amount of the loan, not to exceed the estimated reasonable cost of the equipment to be purchased, as determined by the authority; and (2) An agreement by the local government unit to: (A) Proceed expeditiously with the purchase in accordance with the loan agreement approved pursuant to this part; (B) Not dispose of the equipment without the prior approval of the authority; (C) Pledge any available sources of revenue to make payment according to the repayment schedule established by the authority, including state-shared taxes, and to make such payments; and (D) Establish and maintain adequate financial records for the equipment, including maintaining an inventory, and cause to be made an annual audit of the financial records and transactions covering each fiscal year in accordance with generally accepted government auditing standards, and to furnish a copy of such audits to the comptroller of the treasury. (c) Failure of a county to file the audit required by subdivision (b)(2)(D) with the comptroller of the treasury each year, until the loan, together with interest is totally repaid, constitutes a Class A misdemeanor and anyone violating this provision, upon conviction, shall be liable for a fine of not less than ten dollars ($10.00) nor more than one hundred dollars ($100) for each violation, within the discretion of the court, and each day of continued violation constitutes a separate offense. Amended by 2023 Tenn. Acts, ch. 378, s 7, eff. 5/11/2023. Acts 1986, ch. 846, § 14.
(a) Subject to § 4-31-505 and all other existing contractual obligations of the county, the authority may enter into loan agreements with a county and the county may enter into loan agreements with the authority for loans to pay for equipment for a county's public safety officers or a volunteer fire department's public safety officers.
(b) Any loan agreement may include such provisions as may be agreed upon by the authority and the county, subject to § 4-31-505 and shall additionally include, in substance, the following: (1) The amount of the loan, not to exceed the estimated reasonable cost of the equipment to be purchased, as determined by the authority; and (2) An agreement by the local government unit to: (A) Proceed expeditiously with the purchase in accordance with the loan agreement approved pursuant to this part; (B) Not dispose of the equipment without the prior approval of the authority; (C) Pledge any available sources of revenue to make payment according to the repayment schedule established by the authority, including state-shared taxes, and to make such payments; and (D) Establish and maintain adequate financial records for the equipment, including maintaining an inventory, and cause to be made an annual audit of the financial records and transactions covering each fiscal year in accordance with generally accepted government auditing standards, and to furnish a copy of such audits to the comptroller of the treasury.
(1) The amount of the loan, not to exceed the estimated reasonable cost of the equipment to be purchased, as determined by the authority; and
(2) An agreement by the local government unit to: (A) Proceed expeditiously with the purchase in accordance with the loan agreement approved pursuant to this part; (B) Not dispose of the equipment without the prior approval of the authority; (C) Pledge any available sources of revenue to make payment according to the repayment schedule established by the authority, including state-shared taxes, and to make such payments; and (D) Establish and maintain adequate financial records for the equipment, including maintaining an inventory, and cause to be made an annual audit of the financial records and transactions covering each fiscal year in accordance with generally accepted government auditing standards, and to furnish a copy of such audits to the comptroller of the treasury.
(A) Proceed expeditiously with the purchase in accordance with the loan agreement approved pursuant to this part;
(B) Not dispose of the equipment without the prior approval of the authority;
(C) Pledge any available sources of revenue to make payment according to the repayment schedule established by the authority, including state-shared taxes, and to make such payments; and
(D) Establish and maintain adequate financial records for the equipment, including maintaining an inventory, and cause to be made an annual audit of the financial records and transactions covering each fiscal year in accordance with generally accepted government auditing standards, and to furnish a copy of such audits to the comptroller of the treasury.
(c) Failure of a county to file the audit required by subdivision (b)(2)(D) with the comptroller of the treasury each year, until the loan, together with interest is totally repaid, constitutes a Class A misdemeanor and anyone violating this provision, upon conviction, shall be liable for a fine of not less than ten dollars ($10.00) nor more than one hundred dollars ($100) for each violation, within the discretion of the court, and each day of continued violation constitutes a separate offense.
Amended by 2023 Tenn. Acts, ch. 378, s 7, eff. 5/11/2023.
Acts 1986, ch. 846, § 14.
Tenn. Code Ann. § 4-1-304 — TN Code / Title 4 / Chapter 1 / Section 4-1-304
State slogan
Status: in_force

The following is hereby adopted as an official slogan for this state: "Tennessee - America at Its Best." This slogan may be used in advertising the state and its attractions for industry, recreation and pleasant living. Acts 1965, ch. 33, § 1; T.C.A., § 4-114.
The following is hereby adopted as an official slogan for this state: "Tennessee - America at Its Best." This slogan may be used in advertising the state and its attractions for industry, recreation and pleasant living.
Acts 1965, ch. 33, § 1; T.C.A., § 4-114.
Tenn. Code Ann. § 4-56-104 — TN Code / Title 4 / Chapter 56 / Section 4-56-104
Procurement office - Creation - Chief procurement officer - Personnel - Contracts and contract rights and responsibilities - Adoption of operational procedures
Status: in_force

(a) There is created a procurement office headed by the chief procurement officer in such department as the governor shall designate, after consulting with the comptroller of the treasury, which shall take effect as provided in subsection (b). (b) Effective July 1, 2011, the governor shall appoint the chief procurement officer, who shall be a person: (1) Qualified by training and relevant and recent experience in large scale public procurement of goods and services, establishment of contracts, contract oversight, providing training and contract administration, and demonstrated executive and organizational ability to perform the duties of this office; and (2) Qualified by training or relevant and recent experience in administering programs to encourage and enhance economic opportunities for small businesses and minority-owned businesses. (c) The chief procurement officer shall be a full-time public official of the state as an executive service employee appointed by the governor to serve at the pleasure of the governor. (d) (1) Necessary personnel in the department of general services involved in the procurement of goods and necessary personnel in the department of finance and administration involved in the procurement of services, as required by the procurement officer, shall be transferred to the procurement office together with the funding for the compensation and benefits for such personnel. (2) The chief procurement officer is authorized to employ such additional personnel as are necessary to carry out the purposes of this chapter, upon the approval of the governor. (3) The compensation of employees of the procurement office shall be fixed by the governor. (e) (1) All contracts and contract rights and responsibilities, and renewals for such contracts, in existence with the department of general services and the department of finance and administration with respect to the duties transferred by this section shall be preserved and transferred to the procurement office. (2) Any bidding procedure or negotiations concerning any such procedure which is in the process but not complete shall continue under the purview of the procurement officer. (3) All documents, books, records, papers or other writings in the possession of the department of general services and the department of finance and administration with respect to the duties transferred by this section shall be transferred to and remain in the custody of the procurement office. (4) Any rules, regulations, orders, decisions and policies formerly issued or promulgated by the departments of finance and administration or general services whose functions have been transferred under this section to the procurement office shall remain in full force and effect and shall hereafter be administered and enforced by the procurement officer. The commission shall have the authority, consistent with the statutes and regulations pertaining to the programs and functions transferred herein, to modify or rescind orders, rules and regulations, decisions or policies formerly issued and to adopt, issue or promulgate new orders, rules and regulations, decisions or policies as may be necessary for the administration of the programs or functions herein transferred. (f) Subject to this chapter and other procurement laws under the jurisdiction of the chief procurement office, the chief procurement officer may adopt operational procedures governing the internal functions of the procurement office. Amended by 2013 Tenn. Acts, ch. 403,s 3, eff. 7/1/2013. Acts 2010, ch. 1098, § 1; 2011, ch. 295, §§ 5, 6; 2012, ch. 537, §§ 1 - 4.
(a) There is created a procurement office headed by the chief procurement officer in such department as the governor shall designate, after consulting with the comptroller of the treasury, which shall take effect as provided in subsection (b).
(b) Effective July 1, 2011, the governor shall appoint the chief procurement officer, who shall be a person: (1) Qualified by training and relevant and recent experience in large scale public procurement of goods and services, establishment of contracts, contract oversight, providing training and contract administration, and demonstrated executive and organizational ability to perform the duties of this office; and (2) Qualified by training or relevant and recent experience in administering programs to encourage and enhance economic opportunities for small businesses and minority-owned businesses.
(1) Qualified by training and relevant and recent experience in large scale public procurement of goods and services, establishment of contracts, contract oversight, providing training and contract administration, and demonstrated executive and organizational ability to perform the duties of this office; and
(2) Qualified by training or relevant and recent experience in administering programs to encourage and enhance economic opportunities for small businesses and minority-owned businesses.
(c) The chief procurement officer shall be a full-time public official of the state as an executive service employee appointed by the governor to serve at the pleasure of the governor.
(d) (1) Necessary personnel in the department of general services involved in the procurement of goods and necessary personnel in the department of finance and administration involved in the procurement of services, as required by the procurement officer, shall be transferred to the procurement office together with the funding for the compensation and benefits for such personnel. (2) The chief procurement officer is authorized to employ such additional personnel as are necessary to carry out the purposes of this chapter, upon the approval of the governor. (3) The compensation of employees of the procurement office shall be fixed by the governor.
(1) Necessary personnel in the department of general services involved in the procurement of goods and necessary personnel in the department of finance and administration involved in the procurement of services, as required by the procurement officer, shall be transferred to the procurement office together with the funding for the compensation and benefits for such personnel.
(2) The chief procurement officer is authorized to employ such additional personnel as are necessary to carry out the purposes of this chapter, upon the approval of the governor.
(3) The compensation of employees of the procurement office shall be fixed by the governor.
(e) (1) All contracts and contract rights and responsibilities, and renewals for such contracts, in existence with the department of general services and the department of finance and administration with respect to the duties transferred by this section shall be preserved and transferred to the procurement office. (2) Any bidding procedure or negotiations concerning any such procedure which is in the process but not complete shall continue under the purview of the procurement officer. (3) All documents, books, records, papers or other writings in the possession of the department of general services and the department of finance and administration with respect to the duties transferred by this section shall be transferred to and remain in the custody of the procurement office. (4) Any rules, regulations, orders, decisions and policies formerly issued or promulgated by the departments of finance and administration or general services whose functions have been transferred under this section to the procurement office shall remain in full force and effect and shall hereafter be administered and enforced by the procurement officer. The commission shall have the authority, consistent with the statutes and regulations pertaining to the programs and functions transferred herein, to modify or rescind orders, rules and regulations, decisions or policies formerly issued and to adopt, issue or promulgate new orders, rules and regulations, decisions or policies as may be necessary for the administration of the programs or functions herein transferred.
(1) All contracts and contract rights and responsibilities, and renewals for such contracts, in existence with the department of general services and the department of finance and administration with respect to the duties transferred by this section shall be preserved and transferred to the procurement office.
(2) Any bidding procedure or negotiations concerning any such procedure which is in the process but not complete shall continue under the purview of the procurement officer.
(3) All documents, books, records, papers or other writings in the possession of the department of general services and the department of finance and administration with respect to the duties transferred by this section shall be transferred to and remain in the custody of the procurement office.
(4) Any rules, regulations, orders, decisions and policies formerly issued or promulgated by the departments of finance and administration or general services whose functions have been transferred under this section to the procurement office shall remain in full force and effect and shall hereafter be administered and enforced by the procurement officer. The commission shall have the authority, consistent with the statutes and regulations pertaining to the programs and functions transferred herein, to modify or rescind orders, rules and regulations, decisions or policies formerly issued and to adopt, issue or promulgate new orders, rules and regulations, decisions or policies as may be necessary for the administration of the programs or functions herein transferred.
(f) Subject to this chapter and other procurement laws under the jurisdiction of the chief procurement office, the chief procurement officer may adopt operational procedures governing the internal functions of the procurement office.
Amended by 2013 Tenn. Acts, ch. 403,s 3, eff. 7/1/2013.
Acts 2010, ch. 1098, § 1; 2011, ch. 295, §§ 5, 6; 2012, ch. 537, §§ 1 - 4.
Tenn. Code Ann. § 4-5-401 — TN Code / Title 4 / Chapter 5 / Section 4-5-401
Short title
Status: in_force

This part shall be known and may be cited as the "Regulatory Flexibility Act of 2007." Acts 2007, ch. 464, § 3.
This part shall be known and may be cited as the "Regulatory Flexibility Act of 2007."
Acts 2007, ch. 464, § 3.
Tenn. Code Ann. § 4-5-217 — TN Code / Title 4 / Chapter 5 / Section 4-5-217
Rules of practice required
Status: in_force

In addition to other rulemaking requirements imposed by law, each agency shall adopt rules of practice setting forth the nature and requirements of all formal and informal procedures available, including, where practical, a description of all forms and instructions used by the agency. Acts 1982, ch. 874, § 27.
In addition to other rulemaking requirements imposed by law, each agency shall adopt rules of practice setting forth the nature and requirements of all formal and informal procedures available, including, where practical, a description of all forms and instructions used by the agency.
Acts 1982, ch. 874, § 27.
Tenn. Code Ann. § 4-3-602 — TN Code / Title 4 / Chapter 3 / Section 4-3-602
Commissioner - Appointment - Qualifications - Salary - Expenses - Secretary and other employees
Status: in_force

(a) The department of correction is under the charge and general supervision of the commissioner of correction. (b) It is the duty of the governor to appoint a suitable person to the position of commissioner of correction, who shall serve for a term coeval with that of the governor, or until the commissioner's successor is appointed and qualified. In the case of a vacancy in the office, it is the duty of the governor to appoint a suitable person to fill the office for the unexpired term. In order to be qualified for the office, a person shall be not less than twenty-five (25) years of age, a person of good character, and a person with training and experience in institutional operation and management in similar activities. The commissioner, upon the commissioner's appointment, shall take the oath required by law of other state officers. (c) The commissioner shall receive as compensation for the commissioner's services a salary to be fixed by the governor as provided in § 8-23-101 , payable monthly upon warrant of the commissioner of finance and administration, and also the commissioner's traveling expenses incurred in official business, when itemized and approved by the governor. (d) The commissioner shall be provided with a suitable office, and with such furniture, supplies, books and appliances as may be necessary, the expense thereof to be audited and paid like other state expenses. (e) The commissioner is authorized to appoint: (1) A secretary and stenographer for the department, who shall have charge of and keep a record of the transactions of the department and all books and accounts, and perform such other duties as may be assigned to the secretary and stenographer by the commissioner, and shall receive a salary payable monthly upon warrant of the commissioner of finance and administration; and (2) Such other employees as may be necessary to enable the department to efficiently discharge its duties. Acts 1919, ch. 39, §§ 3, 4, 7; 1921, ch. 1, § 1; 1923, ch. 7, §§ 2, 58; impl. am. Acts 1923, ch. 7, §§ 1, 5, 42; Shan. Supp., §§ 312b3-312b6, 312b9, 373a32; Code 1932, §§ 257, 372-375, 378; Acts 1937, ch. 33, §§ 2, 24; 1939, ch. 11, § 2; 1939, ch. 178, § 1; impl. am. Acts 1949, ch. 38, § 1; C. Supp. 1950, §§ 373, 374, 378; impl. am. Acts 1955, ch. 102, § 1; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; impl. am. Acts 1965, ch. 252, § 1; Acts 1979, ch. 32, § 1; T.C.A. (orig. ed.), §§ 4-603 -- 4-605, 4-609; modified; Acts 1980, ch. 887, § 2.
(a) The department of correction is under the charge and general supervision of the commissioner of correction.
(b) It is the duty of the governor to appoint a suitable person to the position of commissioner of correction, who shall serve for a term coeval with that of the governor, or until the commissioner's successor is appointed and qualified. In the case of a vacancy in the office, it is the duty of the governor to appoint a suitable person to fill the office for the unexpired term. In order to be qualified for the office, a person shall be not less than twenty-five (25) years of age, a person of good character, and a person with training and experience in institutional operation and management in similar activities. The commissioner, upon the commissioner's appointment, shall take the oath required by law of other state officers.
(c) The commissioner shall receive as compensation for the commissioner's services a salary to be fixed by the governor as provided in § 8-23-101 , payable monthly upon warrant of the commissioner of finance and administration, and also the commissioner's traveling expenses incurred in official business, when itemized and approved by the governor.
(d) The commissioner shall be provided with a suitable office, and with such furniture, supplies, books and appliances as may be necessary, the expense thereof to be audited and paid like other state expenses.
(e) The commissioner is authorized to appoint: (1) A secretary and stenographer for the department, who shall have charge of and keep a record of the transactions of the department and all books and accounts, and perform such other duties as may be assigned to the secretary and stenographer by the commissioner, and shall receive a salary payable monthly upon warrant of the commissioner of finance and administration; and (2) Such other employees as may be necessary to enable the department to efficiently discharge its duties.
(1) A secretary and stenographer for the department, who shall have charge of and keep a record of the transactions of the department and all books and accounts, and perform such other duties as may be assigned to the secretary and stenographer by the commissioner, and shall receive a salary payable monthly upon warrant of the commissioner of finance and administration; and
(2) Such other employees as may be necessary to enable the department to efficiently discharge its duties.
Acts 1919, ch. 39, §§ 3, 4, 7; 1921, ch. 1, § 1; 1923, ch. 7, §§ 2, 58; impl. am. Acts 1923, ch. 7, §§ 1, 5, 42; Shan. Supp., §§ 312b3-312b6, 312b9, 373a32; Code 1932, §§ 257, 372-375, 378; Acts 1937, ch. 33, §§ 2, 24; 1939, ch. 11, § 2; 1939, ch. 178, § 1; impl. am. Acts 1949, ch. 38, § 1; C. Supp. 1950, §§ 373, 374, 378; impl. am. Acts 1955, ch. 102, § 1; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; impl. am. Acts 1965, ch. 252, § 1; Acts 1979, ch. 32, § 1; T.C.A. (orig. ed.), §§ 4-603 -- 4-605, 4-609; modified; Acts 1980, ch. 887, § 2.
Tenn. Code Ann. § 4-14-209 — TN Code / Title 4 / Chapter 14 / Section 4-14-209
Rules and regulations
Status: in_force

The commissioner of economic and community development shall be authorized to promulgate rules and regulations to effectuate the purposes of this chapter. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in chapter 5 of this title. Acts 1997, ch. 517, § 10; T.C.A. § 4-14-309 .
The commissioner of economic and community development shall be authorized to promulgate rules and regulations to effectuate the purposes of this chapter. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in chapter 5 of this title.
Acts 1997, ch. 517, § 10; T.C.A. § 4-14-309 .
Tenn. Code Ann. § 4-9-101 — TN Code / Title 4 / Chapter 9 / Section 4-9-101
Creation - Composition
Status: in_force

(a) There is created a board of commissioners for the promotion of uniformity of legislation in the United States, composed of three (3) lawyers appointed by the governor, one (1) lawyer appointed by the speaker of the senate, one (1) lawyer appointed by the speaker of the house of representatives, and any former member of the board who has been elected as a life member of the Uniform Law Commission. Any vacancy on the board by resignation, death, or otherwise arising shall be filled by the appointment of a lawyer by the governor, if the vacant position was initially filled by appointment by the governor, by the speaker of the senate if the vacant position was initially filled by appointment by the speaker of the senate, or by the speaker of the house of representatives, if the vacant position was initially filled by appointment by the speaker of the house of representatives. In making appointments to the board, the governor, the speaker of the senate, and the speaker of the house of representatives shall strive to ensure that the makeup of the board reflects and represents the diversity of persons in this state. (b) The director of the office of legal services, or the director's designee, shall serve as a member of the board and may assist the board in the timely and thorough performance of its duties. Amended by 2024 Tenn. Acts, ch. 494,s 6, eff. 2/21/2024. Amended by 2024 Tenn. Acts, ch. 494,s 4, eff. 2/21/2024. Amended by 2017 Tenn. Acts, ch. 395, s 1, eff. 5/18/2017. Acts 1909, ch. 86, § 1; Shan., § 3608a117; mod. Code 1932, § 1013; modified; T.C.A. (orig. ed.), § 4-901; Acts 1981, ch. 31, § 3; 1988, ch. 1013, § 2.
(a) There is created a board of commissioners for the promotion of uniformity of legislation in the United States, composed of three (3) lawyers appointed by the governor, one (1) lawyer appointed by the speaker of the senate, one (1) lawyer appointed by the speaker of the house of representatives, and any former member of the board who has been elected as a life member of the Uniform Law Commission. Any vacancy on the board by resignation, death, or otherwise arising shall be filled by the appointment of a lawyer by the governor, if the vacant position was initially filled by appointment by the governor, by the speaker of the senate if the vacant position was initially filled by appointment by the speaker of the senate, or by the speaker of the house of representatives, if the vacant position was initially filled by appointment by the speaker of the house of representatives. In making appointments to the board, the governor, the speaker of the senate, and the speaker of the house of representatives shall strive to ensure that the makeup of the board reflects and represents the diversity of persons in this state.
(b) The director of the office of legal services, or the director's designee, shall serve as a member of the board and may assist the board in the timely and thorough performance of its duties.
Amended by 2024 Tenn. Acts, ch. 494,s 6, eff. 2/21/2024.
Amended by 2024 Tenn. Acts, ch. 494,s 4, eff. 2/21/2024.
Amended by 2017 Tenn. Acts, ch. 395, s 1, eff. 5/18/2017.
Acts 1909, ch. 86, § 1; Shan., § 3608a117; mod. Code 1932, § 1013; modified; T.C.A. (orig. ed.), § 4-901; Acts 1981, ch. 31, § 3; 1988, ch. 1013, § 2.
Tenn. Code Ann. § 4-3-5007 — TN Code / Title 4 / Chapter 3 / Section 4-3-5007
Live music and performance venue fund - Fund composition and administration - Provision of grants - Investment of remaining funds
Status: in_force

(a) As used in this section: (1) "Fund" means the live music and performance venue fund, created pursuant to subsection (b); (2) "Live music": (A) Means any music that is created by an individual or group of individuals with their voice or instruments in a live performance while in a location or space in which they are legally allowed to be; and (B) Does not include music which is played on public property such as streets, highways, sidewalks, or parks, unless the public property is specifically authorized by a state or local governmental entity to be a live music and performance venue; (3) "Live music and performance venue" means an establishment, permanent or temporary, where live music and performance programming is the principal function of the business, and where the venue or promoter clearly establishes the ability of a performer to receive payment for work by percentage of sales, guarantee, or other mutually beneficial formal agreement for every performance that has at least five (5) of the following attributes: (A) A defined performance and audience space; (B) A mixing desk, public address system, and lighting rig; (C) Back line; (D) At least two (2) of the following: (i) Sound engineer; (ii) Booker; (iii) Promoter; (iv) Stage manager; or (v) Security personnel; (E) The establishment applies a cover charge for live music or performances through ticketing or front door entrance fee; (F) The establishment markets specific acts through show listings in printed and electronic publications; (G) The hours of operation coincide with performance times; and (H) The establishment holds at least five (5) scheduled performances per calendar week; (4) "Performance" means the presentation of theatre, musical theatre, dance, comedy, puppeteering, disc jockeys, or spoken word; (5) "Performer" means a musician, singer, songwriter, actor, dancer, comedian, puppeteer, or poet; and (6) "Promoter" means an individual or entity that books and presents performing artists primarily in live music and performance venues or at festivals and pays fees to those performers based on selling tickets to the public or other comparable means. (b) There is created a separate account in the general fund to be known as the live music and performance venue fund. (c) The fund is composed of gifts, grants, and other donations received from nonstate sources. The general assembly is not prohibited from appropriating moneys to the fund through the general appropriations act. (d) The fund is administered by the Tennessee film, entertainment and music commission, as created in § 4-3-5003 . (e) The Tennessee film, entertainment and music commission, or a subcontracted nonprofit organization, shall provide grants from the fund to eligible live music and performance venues, performers, and promoters. (f) Grants issued from the fund must be used to support live music performances, performers, promoters, and the operational, promotional, or capital expenditures of live music and performance venues. (g) Money in the fund at the end of a fiscal year does not revert to the general fund, and the commission shall carry forward any amounts remaining in the fund. Moneys in the fund must be invested by the state treasurer pursuant to title 9, chapter 4, part 6, for the sole benefit of the fund, and interest accruing on investments of and deposits into such fund must be returned to such fund and remain part of the fund. Added by 2024 Tenn. Acts, ch. 867,s 1, eff. 7/1/2024.
(a) As used in this section: (1) "Fund" means the live music and performance venue fund, created pursuant to subsection (b); (2) "Live music": (A) Means any music that is created by an individual or group of individuals with their voice or instruments in a live performance while in a location or space in which they are legally allowed to be; and (B) Does not include music which is played on public property such as streets, highways, sidewalks, or parks, unless the public property is specifically authorized by a state or local governmental entity to be a live music and performance venue; (3) "Live music and performance venue" means an establishment, permanent or temporary, where live music and performance programming is the principal function of the business, and where the venue or promoter clearly establishes the ability of a performer to receive payment for work by percentage of sales, guarantee, or other mutually beneficial formal agreement for every performance that has at least five (5) of the following attributes: (A) A defined performance and audience space; (B) A mixing desk, public address system, and lighting rig; (C) Back line; (D) At least two (2) of the following: (i) Sound engineer; (ii) Booker; (iii) Promoter; (iv) Stage manager; or (v) Security personnel; (E) The establishment applies a cover charge for live music or performances through ticketing or front door entrance fee; (F) The establishment markets specific acts through show listings in printed and electronic publications; (G) The hours of operation coincide with performance times; and (H) The establishment holds at least five (5) scheduled performances per calendar week; (4) "Performance" means the presentation of theatre, musical theatre, dance, comedy, puppeteering, disc jockeys, or spoken word; (5) "Performer" means a musician, singer, songwriter, actor, dancer, comedian, puppeteer, or poet; and (6) "Promoter" means an individual or entity that books and presents performing artists primarily in live music and performance venues or at festivals and pays fees to those performers based on selling tickets to the public or other comparable means.
(1) "Fund" means the live music and performance venue fund, created pursuant to subsection (b);
(2) "Live music": (A) Means any music that is created by an individual or group of individuals with their voice or instruments in a live performance while in a location or space in which they are legally allowed to be; and (B) Does not include music which is played on public property such as streets, highways, sidewalks, or parks, unless the public property is specifically authorized by a state or local governmental entity to be a live music and performance venue;
(A) Means any music that is created by an individual or group of individuals with their voice or instruments in a live performance while in a location or space in which they are legally allowed to be; and
(B) Does not include music which is played on public property such as streets, highways, sidewalks, or parks, unless the public property is specifically authorized by a state or local governmental entity to be a live music and performance venue;
(3) "Live music and performance venue" means an establishment, permanent or temporary, where live music and performance programming is the principal function of the business, and where the venue or promoter clearly establishes the ability of a performer to receive payment for work by percentage of sales, guarantee, or other mutually beneficial formal agreement for every performance that has at least five (5) of the following attributes: (A) A defined performance and audience space; (B) A mixing desk, public address system, and lighting rig; (C) Back line; (D) At least two (2) of the following: (i) Sound engineer; (ii) Booker; (iii) Promoter; (iv) Stage manager; or (v) Security personnel; (E) The establishment applies a cover charge for live music or performances through ticketing or front door entrance fee; (F) The establishment markets specific acts through show listings in printed and electronic publications; (G) The hours of operation coincide with performance times; and (H) The establishment holds at least five (5) scheduled performances per calendar week;
(A) A defined performance and audience space;
(B) A mixing desk, public address system, and lighting rig;
(C) Back line;
(D) At least two (2) of the following: (i) Sound engineer; (ii) Booker; (iii) Promoter; (iv) Stage manager; or (v) Security personnel;
(i) Sound engineer;
(ii) Booker;
(iii) Promoter;
(iv) Stage manager; or
(v) Security personnel;
(E) The establishment applies a cover charge for live music or performances through ticketing or front door entrance fee;
(F) The establishment markets specific acts through show listings in printed and electronic publications;
(G) The hours of operation coincide with performance times; and
(H) The establishment holds at least five (5) scheduled performances per calendar week;
(4) "Performance" means the presentation of theatre, musical theatre, dance, comedy, puppeteering, disc jockeys, or spoken word;
(5) "Performer" means a musician, singer, songwriter, actor, dancer, comedian, puppeteer, or poet; and
(6) "Promoter" means an individual or entity that books and presents performing artists primarily in live music and performance venues or at festivals and pays fees to those performers based on selling tickets to the public or other comparable means.
(b) There is created a separate account in the general fund to be known as the live music and performance venue fund.
(c) The fund is composed of gifts, grants, and other donations received from nonstate sources. The general assembly is not prohibited from appropriating moneys to the fund through the general appropriations act.
(d) The fund is administered by the Tennessee film, entertainment and music commission, as created in § 4-3-5003 .
(e) The Tennessee film, entertainment and music commission, or a subcontracted nonprofit organization, shall provide grants from the fund to eligible live music and performance venues, performers, and promoters.
(f) Grants issued from the fund must be used to support live music performances, performers, promoters, and the operational, promotional, or capital expenditures of live music and performance venues.
(g) Money in the fund at the end of a fiscal year does not revert to the general fund, and the commission shall carry forward any amounts remaining in the fund. Moneys in the fund must be invested by the state treasurer pursuant to title 9, chapter 4, part 6, for the sole benefit of the fund, and interest accruing on investments of and deposits into such fund must be returned to such fund and remain part of the fund.
Added by 2024 Tenn. Acts, ch. 867,s 1, eff. 7/1/2024.
Tenn. Code Ann. § 4-6-105 — TN Code / Title 4 / Chapter 6 / Section 4-6-105
No impairment, interruption or diminution of employee rights, salary, benefits, leave accumulation or employment on transfer of career service employees to the department of correction
Status: in_force

The initial transfer of any career service employee pursuant to the transfer of probation and parole field services and the administration of the community corrections program from the board of parole to the department of correction shall not result in any impairment, interruption or diminution of employee rights, salary, benefits, leave accumulation or employment. The commissioner of human resources is authorized to determine if there has been any impairment of rights, salary, benefits, leave accumulation or employment as a result of the initial transfer. Any career service employee may seek redress of any such determination through a request for declaratory order by the commissioner of human resources pursuant to § 4-5-223 . Acts 2012, ch. 727, § 3.
The initial transfer of any career service employee pursuant to the transfer of probation and parole field services and the administration of the community corrections program from the board of parole to the department of correction shall not result in any impairment, interruption or diminution of employee rights, salary, benefits, leave accumulation or employment. The commissioner of human resources is authorized to determine if there has been any impairment of rights, salary, benefits, leave accumulation or employment as a result of the initial transfer. Any career service employee may seek redress of any such determination through a request for declaratory order by the commissioner of human resources pursuant to § 4-5-223 .
Acts 2012, ch. 727, § 3.
Tenn. Code Ann. § 4-21-801 — TN Code / Title 4 / Chapter 21 / Section 4-21-801
Short title
Status: in_force

This part shall be known and may be cited as the "Civil Rights Act of 1990." Acts 1990, ch. 1053, § 1.
This part shall be known and may be cited as the "Civil Rights Act of 1990."
Acts 1990, ch. 1053, § 1.
Tenn. Code Ann. § 4-4-112 — TN Code / Title 4 / Chapter 4 / Section 4-4-112
Cooperation between departments
Status: in_force

(a) (1) Two (2) or more departments shall unite in cooperative work in lines germane to the duties of those departments, and the commissioners thereof shall agree on the distribution of the expense to be incurred. (2) The agreement shall include the payment or transfer from one department to another of a lump sum, and the payment by the department receiving the same, of all expenses incurred in such cooperative work. (b) The commissioner of finance and administration shall, upon due notification of the agreement, make the necessary payments, or credits and debits, from sums not otherwise under requisition by the cooperating departments. Acts 1919, ch. 167, § 3; Shan. Supp., § 325a116; Code 1932, § 342; impl. am. Acts 1937, ch. 33, § 24; C. Supp. 1950, § 342; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; Acts 1975, ch. 136, § 4; T.C.A. (orig. ed.), § 4-412.
(a) (1) Two (2) or more departments shall unite in cooperative work in lines germane to the duties of those departments, and the commissioners thereof shall agree on the distribution of the expense to be incurred. (2) The agreement shall include the payment or transfer from one department to another of a lump sum, and the payment by the department receiving the same, of all expenses incurred in such cooperative work.
(1) Two (2) or more departments shall unite in cooperative work in lines germane to the duties of those departments, and the commissioners thereof shall agree on the distribution of the expense to be incurred.
(2) The agreement shall include the payment or transfer from one department to another of a lump sum, and the payment by the department receiving the same, of all expenses incurred in such cooperative work.
(b) The commissioner of finance and administration shall, upon due notification of the agreement, make the necessary payments, or credits and debits, from sums not otherwise under requisition by the cooperating departments.
Acts 1919, ch. 167, § 3; Shan. Supp., § 325a116; Code 1932, § 342; impl. am. Acts 1937, ch. 33, § 24; C. Supp. 1950, § 342; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; Acts 1975, ch. 136, § 4; T.C.A. (orig. ed.), § 4-412.
Tenn. Code Ann. § 4-5-108 — TN Code / Title 4 / Chapter 5 / Section 4-5-108
Legislative proposals affecting administrative procedure - Prior study
Status: in_force

(a) Any legislation that, in whole or in part, amends or repeals any provision of this chapter, or any legislation that reestablishes, restructures or otherwise delegates any type of rulemaking authority to any new or preexisting governmental entity to which this chapter applies, shall be referred to the government operations committee according to the rules of the senate and the rules of the house of representatives. The government operations committees of each house shall then review the legislation and shall recommend that the legislation be considered for passage or shall recommend against passage to the appropriate standing committee. (b) Except when the government operations committee is designated as the appropriate standing committee, nothing contained in this section shall be construed to authorize the government operations committee to delay or prevent consideration of such legislation by the appropriate house by withholding its recommendation. (c) Nothing contained within this chapter shall be construed to prevent the government operations committee from being considered as an appropriate standing committee to consider legislation that amends or repeals any provision of this chapter. Acts 1980, ch. 454, § 1; T.C.A., § 4-5-131; Acts 1982, ch. 874, §§ 7, 42; 1983, ch. 479, § 1; 2009, ch. 566, § 4.
(a) Any legislation that, in whole or in part, amends or repeals any provision of this chapter, or any legislation that reestablishes, restructures or otherwise delegates any type of rulemaking authority to any new or preexisting governmental entity to which this chapter applies, shall be referred to the government operations committee according to the rules of the senate and the rules of the house of representatives. The government operations committees of each house shall then review the legislation and shall recommend that the legislation be considered for passage or shall recommend against passage to the appropriate standing committee.
(b) Except when the government operations committee is designated as the appropriate standing committee, nothing contained in this section shall be construed to authorize the government operations committee to delay or prevent consideration of such legislation by the appropriate house by withholding its recommendation.
(c) Nothing contained within this chapter shall be construed to prevent the government operations committee from being considered as an appropriate standing committee to consider legislation that amends or repeals any provision of this chapter.
Acts 1980, ch. 454, § 1; T.C.A., § 4-5-131; Acts 1982, ch. 874, §§ 7, 42; 1983, ch. 479, § 1; 2009, ch. 566, § 4.
Tenn. Code Ann. § 4-49-105 — TN Code / Title 4 / Chapter 49 / Section 4-49-105
Sports wagering advisory council - Creation - Membership - Terms
Status: in_force

(a) (1) There is created the sports wagering council to enforce this part and supervise compliance with laws relating to the regulation and control of wagering on sporting events in this state. (2) The council shall hire an executive director to direct and oversee the day-to-day operations and management of sports gaming under this part and other employees as deemed necessary by the council to assist the executive director and carry out the duties of the council. The executive director will be vested with such powers and duties as specified by the council by rule. (3) The council shall establish the salaries of the executive director and employees hired under this subsection (a) and such executive director and employees serve at the pleasure of the council. (b) The council is composed of nine (9) members appointed as follows: (1) Three (3) by the governor, with one (1) member from each grand division of this state; (2) Three (3) by the speaker of the senate, with one (1) member from each grand division of this state; and (3) Three (3) by the speaker of the house of representatives, with one (1) member from each grand division of this state. (c) Prior to the appointment of a person to the council, the appointing authority shall submit the name of the potential member to the Tennessee bureau of investigation. The bureau shall conduct a criminal records check on all such persons pursuant to § 38-6-109 . The bureau may contract with any other law enforcement agency to assist in such investigation. Such potential member shall supply a set of fingerprints upon request and in the manner requested by the investigating entity. (d) The term of each member begins on July 1. For purposes of staggering the terms of the council, each appointing authority shall appoint one (1) member to a term of four (4) years, one (1) member to a term of three (3) years, and one (1) member to a term of (2) years. (e) After the initial terms, the term of an appointed or reappointed member is four (4) years. However, the term of a reappointed member or a new appointee replacing an existing member begins on the day of the expiration of the prior term. (f) Notwithstanding subsection (e), at the end of the member's term, the member shall continue to serve until a replacement is appointed by the appropriate appointing authority. (g) (1) Each member of the council must: (A) Be a citizen of the United States; (B) Be, and remain, a resident of this state; and (C) Possess and demonstrate honesty, integrity, and good character. (2) A person is not eligible for appointment to the council if the person: (A) Holds any elective office in state government; (B) Is an officer or official of any political party; (C) Has a direct pecuniary interest in the sports wagering or gaming industry; (D) Has been convicted of a felony; (E) Has been convicted of a misdemeanor involving gambling, theft, computer-related offenses, forgery, perjury, dishonesty, or unlawfully selling or providing a product or substance to a minor; (F) Has been convicted of any violation under this part; or (G) Has been convicted of any offense in a federal court, military court, or court of another state, territory, or jurisdiction that under the laws of this state would disqualify such person pursuant to subdivisions (g)(2)(D)-(F). (h) In making appointments to the council, the appointing authorities shall strive to ensure that the council membership is diverse in educational background, ethnicity, race, gender, and geographic residency and has experience in: (1) The sports industry; (2) Accounting; and (3) Law enforcement. (i) A vacancy on the council must be filled for the balance of the unexpired term in the same manner as the original appointment. (j) Five (5) members of the council constitute a quorum for the purposes of voting and conducting the business of the council. (k) The council shall elect a chair from among its membership. The chair shall serve in that capacity for one (1) year and is eligible for reelection. The chair shall preside at all meetings and shall have all the powers and privileges of other members. (l) The council shall meet not less than quarterly, and may hold additional regular and special meetings at the call of the chair. (m) The members must be reimbursed for per diem and travel expenses in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. (n) (1) Meetings of the council are subject to the public meeting requirements prescribed in title 8, chapter 44, part 1; provided, that the council may meet virtually using an internet platform in emergency circumstances in a manner prescribed by rule of the council and in accordance with subdivision (n)(2). (2) Virtual emergency meetings may only be conducted if the council: (A) Not less than twenty-four (24) hours prior to the meeting, provides on its website public notice of the meeting; (B) Provides adequate electronic or other notice to each licensee or permittee with an interest in the meeting, if applicable; (C) Provides an audio or video feed of the meeting on its website which is accessible to the general public; and (D) Provides a mechanism by which any licensee or permittee subject to disciplinary action at the meeting, if applicable, has the opportunity to provide testimony and submit evidence to the council members electronically. (3) Disciplinary action taken against a licensee or permittee at a virtual emergency meeting under this subsection (n) is temporary until the council conducts a full investigative hearing on the matter in accordance with § 4-49-126 not later than five (5) business days after the conclusion of the virtual emergency meeting. If the council does not comply with this subdivision (n)(3), the disciplinary action of the council taken at the virtual emergency meeting is null and void. (o) The council may from time to time convene an ad hoc advisory committee composed of nonmembers with particular expertise in an area or areas relative to sports gaming to: (1) Advise the board of best practices with respect to sports wagering; (2) Provide administrative and technical advice to the board with respect to sports wagering; (3) Conduct research or perform studies relative to sports wagering; and (4) Perform any other activities to assist the council in carrying out its duties. (p) The council may, in its discretion, reimburse members of an ad hoc advisory committee convened under subsection (o) for per diem and travel expenses in accordance with the comprehensive travel rules as promulgated by the department of finance and administration and approved by the attorney general and reporter. Amended by 2023 Tenn. Acts, ch. 450, s 9, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 450, s 8, eff. 7/1/2023. Renumbered from T.C.A. s 4-51-305 by 2021 Tenn. Acts, ch. 593, s 30, eff. 1/1/2022. Amended by 2021 Tenn. Acts, ch. 593, Secs.s 4, s 5, s 27eff. 1/1/2022. Amended by 2021 Tenn. Acts, ch. 593, s 3, eff. 1/1/2022. Added by 2019 Tenn. Acts, ch. 507, s 1, eff. 7/1/2019.
(a) (1) There is created the sports wagering council to enforce this part and supervise compliance with laws relating to the regulation and control of wagering on sporting events in this state. (2) The council shall hire an executive director to direct and oversee the day-to-day operations and management of sports gaming under this part and other employees as deemed necessary by the council to assist the executive director and carry out the duties of the council. The executive director will be vested with such powers and duties as specified by the council by rule. (3) The council shall establish the salaries of the executive director and employees hired under this subsection (a) and such executive director and employees serve at the pleasure of the council.
(1) There is created the sports wagering council to enforce this part and supervise compliance with laws relating to the regulation and control of wagering on sporting events in this state.
(2) The council shall hire an executive director to direct and oversee the day-to-day operations and management of sports gaming under this part and other employees as deemed necessary by the council to assist the executive director and carry out the duties of the council. The executive director will be vested with such powers and duties as specified by the council by rule.
(3) The council shall establish the salaries of the executive director and employees hired under this subsection (a) and such executive director and employees serve at the pleasure of the council.
(b) The council is composed of nine (9) members appointed as follows: (1) Three (3) by the governor, with one (1) member from each grand division of this state; (2) Three (3) by the speaker of the senate, with one (1) member from each grand division of this state; and (3) Three (3) by the speaker of the house of representatives, with one (1) member from each grand division of this state.
(1) Three (3) by the governor, with one (1) member from each grand division of this state;
(2) Three (3) by the speaker of the senate, with one (1) member from each grand division of this state; and
(3) Three (3) by the speaker of the house of representatives, with one (1) member from each grand division of this state.
(c) Prior to the appointment of a person to the council, the appointing authority shall submit the name of the potential member to the Tennessee bureau of investigation. The bureau shall conduct a criminal records check on all such persons pursuant to § 38-6-109 . The bureau may contract with any other law enforcement agency to assist in such investigation. Such potential member shall supply a set of fingerprints upon request and in the manner requested by the investigating entity.
(d) The term of each member begins on July 1. For purposes of staggering the terms of the council, each appointing authority shall appoint one (1) member to a term of four (4) years, one (1) member to a term of three (3) years, and one (1) member to a term of (2) years.
(e) After the initial terms, the term of an appointed or reappointed member is four (4) years. However, the term of a reappointed member or a new appointee replacing an existing member begins on the day of the expiration of the prior term.
(f) Notwithstanding subsection (e), at the end of the member's term, the member shall continue to serve until a replacement is appointed by the appropriate appointing authority.
(g) (1) Each member of the council must: (A) Be a citizen of the United States; (B) Be, and remain, a resident of this state; and (C) Possess and demonstrate honesty, integrity, and good character. (2) A person is not eligible for appointment to the council if the person: (A) Holds any elective office in state government; (B) Is an officer or official of any political party; (C) Has a direct pecuniary interest in the sports wagering or gaming industry; (D) Has been convicted of a felony; (E) Has been convicted of a misdemeanor involving gambling, theft, computer-related offenses, forgery, perjury, dishonesty, or unlawfully selling or providing a product or substance to a minor; (F) Has been convicted of any violation under this part; or (G) Has been convicted of any offense in a federal court, military court, or court of another state, territory, or jurisdiction that under the laws of this state would disqualify such person pursuant to subdivisions (g)(2)(D)-(F).
(1) Each member of the council must: (A) Be a citizen of the United States; (B) Be, and remain, a resident of this state; and (C) Possess and demonstrate honesty, integrity, and good character.
(A) Be a citizen of the United States;
(B) Be, and remain, a resident of this state; and
(C) Possess and demonstrate honesty, integrity, and good character.
(2) A person is not eligible for appointment to the council if the person: (A) Holds any elective office in state government; (B) Is an officer or official of any political party; (C) Has a direct pecuniary interest in the sports wagering or gaming industry; (D) Has been convicted of a felony; (E) Has been convicted of a misdemeanor involving gambling, theft, computer-related offenses, forgery, perjury, dishonesty, or unlawfully selling or providing a product or substance to a minor; (F) Has been convicted of any violation under this part; or (G) Has been convicted of any offense in a federal court, military court, or court of another state, territory, or jurisdiction that under the laws of this state would disqualify such person pursuant to subdivisions (g)(2)(D)-(F).
(A) Holds any elective office in state government;
(B) Is an officer or official of any political party;
(C) Has a direct pecuniary interest in the sports wagering or gaming industry;
(D) Has been convicted of a felony;
(E) Has been convicted of a misdemeanor involving gambling, theft, computer-related offenses, forgery, perjury, dishonesty, or unlawfully selling or providing a product or substance to a minor;
(F) Has been convicted of any violation under this part; or
(G) Has been convicted of any offense in a federal court, military court, or court of another state, territory, or jurisdiction that under the laws of this state would disqualify such person pursuant to subdivisions (g)(2)(D)-(F).
(h) In making appointments to the council, the appointing authorities shall strive to ensure that the council membership is diverse in educational background, ethnicity, race, gender, and geographic residency and has experience in: (1) The sports industry; (2) Accounting; and (3) Law enforcement.
(1) The sports industry;
(2) Accounting; and
(3) Law enforcement.
(i) A vacancy on the council must be filled for the balance of the unexpired term in the same manner as the original appointment.
(j) Five (5) members of the council constitute a quorum for the purposes of voting and conducting the business of the council.
(k) The council shall elect a chair from among its membership. The chair shall serve in that capacity for one (1) year and is eligible for reelection. The chair shall preside at all meetings and shall have all the powers and privileges of other members.
(l) The council shall meet not less than quarterly, and may hold additional regular and special meetings at the call of the chair.
(m) The members must be reimbursed for per diem and travel expenses in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(n) (1) Meetings of the council are subject to the public meeting requirements prescribed in title 8, chapter 44, part 1; provided, that the council may meet virtually using an internet platform in emergency circumstances in a manner prescribed by rule of the council and in accordance with subdivision (n)(2). (2) Virtual emergency meetings may only be conducted if the council: (A) Not less than twenty-four (24) hours prior to the meeting, provides on its website public notice of the meeting; (B) Provides adequate electronic or other notice to each licensee or permittee with an interest in the meeting, if applicable; (C) Provides an audio or video feed of the meeting on its website which is accessible to the general public; and (D) Provides a mechanism by which any licensee or permittee subject to disciplinary action at the meeting, if applicable, has the opportunity to provide testimony and submit evidence to the council members electronically. (3) Disciplinary action taken against a licensee or permittee at a virtual emergency meeting under this subsection (n) is temporary until the council conducts a full investigative hearing on the matter in accordance with § 4-49-126 not later than five (5) business days after the conclusion of the virtual emergency meeting. If the council does not comply with this subdivision (n)(3), the disciplinary action of the council taken at the virtual emergency meeting is null and void.
(1) Meetings of the council are subject to the public meeting requirements prescribed in title 8, chapter 44, part 1; provided, that the council may meet virtually using an internet platform in emergency circumstances in a manner prescribed by rule of the council and in accordance with subdivision (n)(2).
(2) Virtual emergency meetings may only be conducted if the council: (A) Not less than twenty-four (24) hours prior to the meeting, provides on its website public notice of the meeting; (B) Provides adequate electronic or other notice to each licensee or permittee with an interest in the meeting, if applicable; (C) Provides an audio or video feed of the meeting on its website which is accessible to the general public; and (D) Provides a mechanism by which any licensee or permittee subject to disciplinary action at the meeting, if applicable, has the opportunity to provide testimony and submit evidence to the council members electronically.
(A) Not less than twenty-four (24) hours prior to the meeting, provides on its website public notice of the meeting;
(B) Provides adequate electronic or other notice to each licensee or permittee with an interest in the meeting, if applicable;
(C) Provides an audio or video feed of the meeting on its website which is accessible to the general public; and
(D) Provides a mechanism by which any licensee or permittee subject to disciplinary action at the meeting, if applicable, has the opportunity to provide testimony and submit evidence to the council members electronically.
(3) Disciplinary action taken against a licensee or permittee at a virtual emergency meeting under this subsection (n) is temporary until the council conducts a full investigative hearing on the matter in accordance with § 4-49-126 not later than five (5) business days after the conclusion of the virtual emergency meeting. If the council does not comply with this subdivision (n)(3), the disciplinary action of the council taken at the virtual emergency meeting is null and void.
(o) The council may from time to time convene an ad hoc advisory committee composed of nonmembers with particular expertise in an area or areas relative to sports gaming to: (1) Advise the board of best practices with respect to sports wagering; (2) Provide administrative and technical advice to the board with respect to sports wagering; (3) Conduct research or perform studies relative to sports wagering; and (4) Perform any other activities to assist the council in carrying out its duties.
(1) Advise the board of best practices with respect to sports wagering;
(2) Provide administrative and technical advice to the board with respect to sports wagering;
(3) Conduct research or perform studies relative to sports wagering; and
(4) Perform any other activities to assist the council in carrying out its duties.
(p) The council may, in its discretion, reimburse members of an ad hoc advisory committee convened under subsection (o) for per diem and travel expenses in accordance with the comprehensive travel rules as promulgated by the department of finance and administration and approved by the attorney general and reporter.
Amended by 2023 Tenn. Acts, ch. 450, s 9, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 450, s 8, eff. 7/1/2023.
Renumbered from T.C.A. s 4-51-305 by 2021 Tenn. Acts, ch. 593, s 30, eff. 1/1/2022.
Amended by 2021 Tenn. Acts, ch. 593, Secs.s 4, s 5, s 27eff. 1/1/2022.
Amended by 2021 Tenn. Acts, ch. 593, s 3, eff. 1/1/2022.
Added by 2019 Tenn. Acts, ch. 507, s 1, eff. 7/1/2019.
Tenn. Code Ann. § 4-28-104 — TN Code / Title 4 / Chapter 28 / Section 4-28-104
Standardized format for qualification - Qualification requirements - Determination of satisfaction of requirements - Issuance of certification or refusal - Submission of applications
Status: in_force

(a) The department of economic and community development, in consultation with the department of revenue, shall provide a standardized format for persons attempting to qualify as a TNInvestco. (b) An applicant for qualification is required to: (1) File an application with the department of economic and community development; (2) Pay a nonrefundable application fee of seven thousand five hundred dollars ($7,500) at the time of filing the application; and (3) Submit as part of its application an audited balance sheet that contains an unqualified opinion of an independent certified public accountant issued not more than sixty (60) days before the application date that states that the applicant has an equity capitalization of five hundred thousand dollars ($500,000) or more in the form of unencumbered cash, marketable securities or other liquid assets. (c) The department of economic and community development and the department of revenue must review the organizational documents of each applicant for certification and determine whether the applicant has satisfied the requirements of this chapter. (d) Within thirty (30) days after the receipt of an application, the department of economic and community development shall issue the certification or refuse the certification and communicate in detail to the applicant the grounds for refusal, including suggestions for the removal of such grounds. (e) The department of economic and community development must begin accepting applications to become a TNInvestco by August 1, 2009. All applications must be submitted to the department of economic and community development no later than the close of business on October 1, 2009. (f) (1) Any information received, created, or promulgated by the department of economic and community development or the department of revenue pursuant to this section on or after July 9, 2009, shall constitute a public record, as defined in § 10-7-503 , and shall be open for personal inspection by any citizen of this state. (2) Any information received, created, or promulgated by the department of economic and community development or the department of revenue pursuant to this section shall not: (A) Constitute "tax information" or "tax administration information", as defined in § 67-1-1701 , and shall not be subject to title 67, chapter 1, part 17; or (B) Be subject to § 4-3-730 . (g) If the general assembly subsequently authorizes an allocation of investment tax credits in addition to the two hundred million dollars ($200,000,000) authorized by § 4-28-105(f) and by Chapter 610 of the Public Acts of 2009, the department of revenue and the department of economic and community development, in reviewing the organizational documents of each applicant for certification and determining whether the applicant has satisfied the requirements of this chapter pursuant to subsection (c), shall additionally take into consideration the applicant's involvement of women and minorities. Acts 2009, ch. 610, § 5; 2010, ch. 1142, §§ 7, 31.
(a) The department of economic and community development, in consultation with the department of revenue, shall provide a standardized format for persons attempting to qualify as a TNInvestco.
(b) An applicant for qualification is required to: (1) File an application with the department of economic and community development; (2) Pay a nonrefundable application fee of seven thousand five hundred dollars ($7,500) at the time of filing the application; and (3) Submit as part of its application an audited balance sheet that contains an unqualified opinion of an independent certified public accountant issued not more than sixty (60) days before the application date that states that the applicant has an equity capitalization of five hundred thousand dollars ($500,000) or more in the form of unencumbered cash, marketable securities or other liquid assets.
(1) File an application with the department of economic and community development;
(2) Pay a nonrefundable application fee of seven thousand five hundred dollars ($7,500) at the time of filing the application; and
(3) Submit as part of its application an audited balance sheet that contains an unqualified opinion of an independent certified public accountant issued not more than sixty (60) days before the application date that states that the applicant has an equity capitalization of five hundred thousand dollars ($500,000) or more in the form of unencumbered cash, marketable securities or other liquid assets.
(c) The department of economic and community development and the department of revenue must review the organizational documents of each applicant for certification and determine whether the applicant has satisfied the requirements of this chapter.
(d) Within thirty (30) days after the receipt of an application, the department of economic and community development shall issue the certification or refuse the certification and communicate in detail to the applicant the grounds for refusal, including suggestions for the removal of such grounds.
(e) The department of economic and community development must begin accepting applications to become a TNInvestco by August 1, 2009. All applications must be submitted to the department of economic and community development no later than the close of business on October 1, 2009.
(f) (1) Any information received, created, or promulgated by the department of economic and community development or the department of revenue pursuant to this section on or after July 9, 2009, shall constitute a public record, as defined in § 10-7-503 , and shall be open for personal inspection by any citizen of this state. (2) Any information received, created, or promulgated by the department of economic and community development or the department of revenue pursuant to this section shall not: (A) Constitute "tax information" or "tax administration information", as defined in § 67-1-1701 , and shall not be subject to title 67, chapter 1, part 17; or (B) Be subject to § 4-3-730 .
(1) Any information received, created, or promulgated by the department of economic and community development or the department of revenue pursuant to this section on or after July 9, 2009, shall constitute a public record, as defined in § 10-7-503 , and shall be open for personal inspection by any citizen of this state.
(2) Any information received, created, or promulgated by the department of economic and community development or the department of revenue pursuant to this section shall not: (A) Constitute "tax information" or "tax administration information", as defined in § 67-1-1701 , and shall not be subject to title 67, chapter 1, part 17; or (B) Be subject to § 4-3-730 .
(A) Constitute "tax information" or "tax administration information", as defined in § 67-1-1701 , and shall not be subject to title 67, chapter 1, part 17; or
(B) Be subject to § 4-3-730 .
(g) If the general assembly subsequently authorizes an allocation of investment tax credits in addition to the two hundred million dollars ($200,000,000) authorized by § 4-28-105(f) and by Chapter 610 of the Public Acts of 2009, the department of revenue and the department of economic and community development, in reviewing the organizational documents of each applicant for certification and determining whether the applicant has satisfied the requirements of this chapter pursuant to subsection (c), shall additionally take into consideration the applicant's involvement of women and minorities.
Acts 2009, ch. 610, § 5; 2010, ch. 1142, §§ 7, 31.
Tenn. Code Ann. § 4-31-605 — TN Code / Title 4 / Chapter 31 / Section 4-31-605
Administration of loans
Status: in_force

(a) The authority shall administer loans made under this part. (b) In so doing, the authority may adopt rules and regulations necessary for the effective administration of this part, including the promulgation of prerequisites that must be fulfilled by an airport authority or municipal airport in order to be eligible for a loan, procedures to be followed in making loan applications to the authority, procedures to be followed in the disbursement of loan funds, and procedures for enforcing loan agreements entered into by an airport authority or municipal airport with the authority. Acts 1988, ch. 820, § 1.
(a) The authority shall administer loans made under this part.
(b) In so doing, the authority may adopt rules and regulations necessary for the effective administration of this part, including the promulgation of prerequisites that must be fulfilled by an airport authority or municipal airport in order to be eligible for a loan, procedures to be followed in making loan applications to the authority, procedures to be followed in the disbursement of loan funds, and procedures for enforcing loan agreements entered into by an airport authority or municipal airport with the authority.
Acts 1988, ch. 820, § 1.
Tenn. Code Ann. § 4-5-109 — TN Code / Title 4 / Chapter 5 / Section 4-5-109
Effective dates for rules extended until repealed or amended - Exclusions - Exceptions
Status: repealed

(a) Except as provided in subsection (c), all permanent rules filed in the office of secretary of state on or after January 1, 2023, that are in effect on the effective date of this act, and that are scheduled for expiration under Tennessee Code Annotated, Section 4-5-226 , on June 30, 2024, do not expire on June 30, 2024, but remain in effect until repealed or amended by subsequent rule of the appropriate rulemaking agency or until otherwise superseded by legislative enactment. (b) This section is not to be construed to justify the continued effectiveness of any rule that remains in effect under subsection (a) if the rule conflicts with the provisions of any legislative enactment other than the Uniform Administrative Procedures Act, compiled in Tennessee Code Annotated, Title 4, Chapter 5. (c) Notwithstanding subsection (a) or title 4, chapter 5, part 2, the following rules shall expire on the effective date of this act: (1) Board of Pharmacy Rule Number 1140-07-.01 through Rule Number 1140-07-.10, relative to sterile product preparation in pharmacy practice, and filed in the office of secretary of state on December 15, 2023; and (2) Board of Pharmacy Rule Number 1140-07-.01 through Rule Number 1140-07-.10, relative to compounding, and filed in the office of secretary of state on December 15, 2023.
(a) Except as provided in subsection (c), all permanent rules filed in the office of secretary of state on or after January 1, 2023, that are in effect on the effective date of this act, and that are scheduled for expiration under Tennessee Code Annotated, Section 4-5-226 , on June 30, 2024, do not expire on June 30, 2024, but remain in effect until repealed or amended by subsequent rule of the appropriate rulemaking agency or until otherwise superseded by legislative enactment.
(b) This section is not to be construed to justify the continued effectiveness of any rule that remains in effect under subsection (a) if the rule conflicts with the provisions of any legislative enactment other than the Uniform Administrative Procedures Act, compiled in Tennessee Code Annotated, Title 4, Chapter 5.
(c) Notwithstanding subsection (a) or title 4, chapter 5, part 2, the following rules shall expire on the effective date of this act: (1) Board of Pharmacy Rule Number 1140-07-.01 through Rule Number 1140-07-.10, relative to sterile product preparation in pharmacy practice, and filed in the office of secretary of state on December 15, 2023; and (2) Board of Pharmacy Rule Number 1140-07-.01 through Rule Number 1140-07-.10, relative to compounding, and filed in the office of secretary of state on December 15, 2023.
(1) Board of Pharmacy Rule Number 1140-07-.01 through Rule Number 1140-07-.10, relative to sterile product preparation in pharmacy practice, and filed in the office of secretary of state on December 15, 2023; and
(2) Board of Pharmacy Rule Number 1140-07-.01 through Rule Number 1140-07-.10, relative to compounding, and filed in the office of secretary of state on December 15, 2023.
Tenn. Code Ann. § 4-31-307 — TN Code / Title 4 / Chapter 31 / Section 4-31-307
Loans - Applications
Status: in_force

(a) Counties or municipalities meeting the requirements of § 4-31-303 are authorized to make application to the commissioner of economic and community development for a loan pursuant to this part. (b) (1) The commissioner shall review the application. (2) If, after making such review, the commissioner determines that the applicant is eligible under this part, and the rules promulgated by the state funding board pursuant thereto, the commissioner is authorized to present such application to the state funding board with a request to approve a loan pursuant to this part, and the rules of the state funding board promulgated pursuant thereto. Acts 1981, ch. 453, § 7.
(a) Counties or municipalities meeting the requirements of § 4-31-303 are authorized to make application to the commissioner of economic and community development for a loan pursuant to this part.
(b) (1) The commissioner shall review the application. (2) If, after making such review, the commissioner determines that the applicant is eligible under this part, and the rules promulgated by the state funding board pursuant thereto, the commissioner is authorized to present such application to the state funding board with a request to approve a loan pursuant to this part, and the rules of the state funding board promulgated pursuant thereto.
(1) The commissioner shall review the application.
(2) If, after making such review, the commissioner determines that the applicant is eligible under this part, and the rules promulgated by the state funding board pursuant thereto, the commissioner is authorized to present such application to the state funding board with a request to approve a loan pursuant to this part, and the rules of the state funding board promulgated pursuant thereto.
Acts 1981, ch. 453, § 7.
Tenn. Code Ann. § 4-3-2303 — TN Code / Title 4 / Chapter 3 / Section 4-3-2303
Powers and duties of commissioner
Status: in_force

The commissioner has the power and duty to: (1) Retain, employ and contract for the services of private and public consultants, research and technical personnel and procure by contract, consulting, research, technical and other services and facilities, whenever considered by the commissioner necessary or desirable in the performance of the functions of the department and whenever funds shall be available for those purposes; (2) Establish and promulgate such rules and regulations governing the administration and operation of the department as may be deemed necessary by the commissioner and that are not inconsistent with the laws of this state; (3) Maintain such facilities throughout the state as may be required for the effective and efficient operation of the department; (4) Apply for and accept on behalf of the state any grant from the federal government to be used for any of the purposes of the department, and to comply with any conditions and limitations annexed; (5) Supervise, direct and account for the administration and operation of the department and its employees; (6) Organize the department into such units as the commissioner deems necessary to carry out the duties and functions imposed on the commissioner and the department. Any reorganization or creation or elimination of any units after July 1, 2003, shall be jointly reviewed by the officers of the house of representatives and senate finance, ways and means committees and the officers of the transportation committee of the house of representatives and the transportation and safety committee of the senate, it being the intent of the general assembly to recognize the organization of the department as of July 1, 2003, as the legal organization of the department; (7) Appoint such personnel as may be necessary for the administration and operation of the department, within reasonable budgetary limitations; (8) Delegate any of the commissioner's powers, duties or functions to a departmental employee of the commissioner's choosing, except the commissioner's power to remove employees of the department or to fix their compensation; (9) Undertake programs of transportation related to investigation, research and operation of safe, adequate and efficient transportation modes, including, but not limited to, aeronautics, waterways, rails, highways and mass transit; (10) Provide technical assistance and financial assistance, as it may become available, to other public agencies; (11) Develop and implement a continuing, comprehensive, and multimodal statewide transportation planning process that is consistent with the transportation planning requirements of the United States department of transportation and includes the development and periodic updating of a long-range statewide transportation plan, including: consideration and provision, as applicable, of elements and connections of and between highway, rail, mass transit, waterway, aviation, pedestrian and bicycle facilities; consideration of operations and maintenance of those facilities; and a review of projected costs and anticipated revenues; (12) Plan, propose and coordinate transportation related policies, activities and programs among state departments and agencies and within the state; (13) Prepare and report annually to the general assembly an updated multimodal transportation improvement program for the state, which shall be based on the long-range statewide transportation plan and shall provide the basis for annual funding recommendations by the commissioner and for annual expenditures by the department; (14) Administer a statewide rideshare/car pooling program, including the establishment of appropriate rideshare parking locations on the perimeter of major urban areas or other areas needing such facilities, as determined by the commissioner; (15) Document and evaluate the cost-effectiveness of contracting maintenance work with private vendors; (16) Develop a plan to establish and maintain long-term, cost-effective highway condition ratings; (17) Develop, document and demonstrate to the general assembly a system of accountability over transportation field units; (18) Exercise all duties, responsibilities and powers granted the department in title 65, chapters 3, 11, and 12, and establish and promulgate rules and regulations necessary for the administration and enforcement of title 65, chapters 3, 11, and 12; and (19) Solely at the commissioner's discretion, upon awarding federal transportation enhancement grant funds to be used for the acquisition, preservation or protection of civil war battlefield sites or related properties or easements, the commissioner may contract directly with any established and nationally recognized nonprofit organization dedicated to the preservation of civil war battlefields; provided, that the commissioner finds that the organization complies with federal eligibility requirements for grantees of such enhancement grant funds. Amended by 2013 Tenn. Acts, ch. 236,s 89, eff. 4/19/2013. Acts 1972, ch. 829, § 5; 1973, ch. 140, § 3; T.C.A., § 4-309; Acts 1981, ch. 264, § 24; 1983, ch. 429, § 10; 1986, ch. 541, § 1; 1987, ch. 76, §§ 3, 4; 1995, ch. 305, § 63; 2003, ch. 213, § 2; 2007, ch. 41, §§ 1, 2; 2010, ch. 960, § 1.
The commissioner has the power and duty to:
(1) Retain, employ and contract for the services of private and public consultants, research and technical personnel and procure by contract, consulting, research, technical and other services and facilities, whenever considered by the commissioner necessary or desirable in the performance of the functions of the department and whenever funds shall be available for those purposes;
(2) Establish and promulgate such rules and regulations governing the administration and operation of the department as may be deemed necessary by the commissioner and that are not inconsistent with the laws of this state;
(3) Maintain such facilities throughout the state as may be required for the effective and efficient operation of the department;
(4) Apply for and accept on behalf of the state any grant from the federal government to be used for any of the purposes of the department, and to comply with any conditions and limitations annexed;
(5) Supervise, direct and account for the administration and operation of the department and its employees;
(6) Organize the department into such units as the commissioner deems necessary to carry out the duties and functions imposed on the commissioner and the department. Any reorganization or creation or elimination of any units after July 1, 2003, shall be jointly reviewed by the officers of the house of representatives and senate finance, ways and means committees and the officers of the transportation committee of the house of representatives and the transportation and safety committee of the senate, it being the intent of the general assembly to recognize the organization of the department as of July 1, 2003, as the legal organization of the department;
(7) Appoint such personnel as may be necessary for the administration and operation of the department, within reasonable budgetary limitations;
(8) Delegate any of the commissioner's powers, duties or functions to a departmental employee of the commissioner's choosing, except the commissioner's power to remove employees of the department or to fix their compensation;
(9) Undertake programs of transportation related to investigation, research and operation of safe, adequate and efficient transportation modes, including, but not limited to, aeronautics, waterways, rails, highways and mass transit;
(10) Provide technical assistance and financial assistance, as it may become available, to other public agencies;
(11) Develop and implement a continuing, comprehensive, and multimodal statewide transportation planning process that is consistent with the transportation planning requirements of the United States department of transportation and includes the development and periodic updating of a long-range statewide transportation plan, including: consideration and provision, as applicable, of elements and connections of and between highway, rail, mass transit, waterway, aviation, pedestrian and bicycle facilities; consideration of operations and maintenance of those facilities; and a review of projected costs and anticipated revenues;
(12) Plan, propose and coordinate transportation related policies, activities and programs among state departments and agencies and within the state;
(13) Prepare and report annually to the general assembly an updated multimodal transportation improvement program for the state, which shall be based on the long-range statewide transportation plan and shall provide the basis for annual funding recommendations by the commissioner and for annual expenditures by the department;
(14) Administer a statewide rideshare/car pooling program, including the establishment of appropriate rideshare parking locations on the perimeter of major urban areas or other areas needing such facilities, as determined by the commissioner;
(15) Document and evaluate the cost-effectiveness of contracting maintenance work with private vendors;
(16) Develop a plan to establish and maintain long-term, cost-effective highway condition ratings;
(17) Develop, document and demonstrate to the general assembly a system of accountability over transportation field units;
(18) Exercise all duties, responsibilities and powers granted the department in title 65, chapters 3, 11, and 12, and establish and promulgate rules and regulations necessary for the administration and enforcement of title 65, chapters 3, 11, and 12; and
(19) Solely at the commissioner's discretion, upon awarding federal transportation enhancement grant funds to be used for the acquisition, preservation or protection of civil war battlefield sites or related properties or easements, the commissioner may contract directly with any established and nationally recognized nonprofit organization dedicated to the preservation of civil war battlefields; provided, that the commissioner finds that the organization complies with federal eligibility requirements for grantees of such enhancement grant funds.
Amended by 2013 Tenn. Acts, ch. 236,s 89, eff. 4/19/2013.
Acts 1972, ch. 829, § 5; 1973, ch. 140, § 3; T.C.A., § 4-309; Acts 1981, ch. 264, § 24; 1983, ch. 429, § 10; 1986, ch. 541, § 1; 1987, ch. 76, §§ 3, 4; 1995, ch. 305, § 63; 2003, ch. 213, § 2; 2007, ch. 41, §§ 1, 2; 2010, ch. 960, § 1.