Tenn. Code Ann. § 4-55-103 — TN Code / Title 4 / Chapter 55 / Section 4-55-103
Duties of the bureau
Status: in_force

The bureau of ethics and campaign finance shall: (1) Promulgate such rules and regulations, pursuant to the Uniform Administrative Procedures Act, compiled in chapter 5 of this title, as are necessary to implement title 2, chapter 10; title 3, chapter 6; title 8, chapter 17; and title 8, chapter 50, part 5; provided, however, that all rules that relate exclusively to the registry of election finance shall be initiated and proposed to the board of directors of the bureau by a majority of the members of the registry of election finance and all rules that relate exclusively to the ethics commission shall be initiated and proposed to the board of directors of the bureau by a majority of the members of the ethics commission. Subject to the limitations contained in this subdivision (1), all rulemaking authority delegated by this chapter shall be vested in the bureau of ethics and campaign finance; (2) Collect or receive all filings required to be made pursuant to title 2, chapter 10; title 3, chapter 6; title 8, chapter 17; or title 8, chapter 50, part 5, and assign the issues contained in title 2, chapter 10; title 3, chapter 6; title 8, chapter 17; or title 8, chapter 50, part 5, as appropriate, to the registry of election finance or the ethics commission, and further collect all fees, fines and moneys assessed by the registry of election finance or the ethics commission; and (3) Promulgate rules prescribing all forms for filings, complaints, registrations, statements and other documents that are required to be filed under the laws administered and enforced by the ethics commission or the registry of election finance, with the objective of making the documents as simple and understandable as possible for both the person filing the document and the average citizen of this state. Acts 2009, ch. 556, § 1.
The bureau of ethics and campaign finance shall:
(1) Promulgate such rules and regulations, pursuant to the Uniform Administrative Procedures Act, compiled in chapter 5 of this title, as are necessary to implement title 2, chapter 10; title 3, chapter 6; title 8, chapter 17; and title 8, chapter 50, part 5; provided, however, that all rules that relate exclusively to the registry of election finance shall be initiated and proposed to the board of directors of the bureau by a majority of the members of the registry of election finance and all rules that relate exclusively to the ethics commission shall be initiated and proposed to the board of directors of the bureau by a majority of the members of the ethics commission. Subject to the limitations contained in this subdivision (1), all rulemaking authority delegated by this chapter shall be vested in the bureau of ethics and campaign finance;
(2) Collect or receive all filings required to be made pursuant to title 2, chapter 10; title 3, chapter 6; title 8, chapter 17; or title 8, chapter 50, part 5, and assign the issues contained in title 2, chapter 10; title 3, chapter 6; title 8, chapter 17; or title 8, chapter 50, part 5, as appropriate, to the registry of election finance or the ethics commission, and further collect all fees, fines and moneys assessed by the registry of election finance or the ethics commission; and
(3) Promulgate rules prescribing all forms for filings, complaints, registrations, statements and other documents that are required to be filed under the laws administered and enforced by the ethics commission or the registry of election finance, with the objective of making the documents as simple and understandable as possible for both the person filing the document and the average citizen of this state.
Acts 2009, ch. 556, § 1.
Tenn. Code Ann. § 4-31-901 — TN Code / Title 4 / Chapter 31 / Section 4-31-901
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Local Development Authority Leaking Underground Storage Funding Act of 1997." Acts 1997, ch. 444, § 2.
This part shall be known and may be cited as the "Tennessee Local Development Authority Leaking Underground Storage Funding Act of 1997."
Acts 1997, ch. 444, § 2.
Tenn. Code Ann. § 4-6-140 — TN Code / Title 4 / Chapter 6 / Section 4-6-140
Records of inmates
Status: in_force

(a) The commissioner of correction shall keep in the commissioner's own office, accessible only to the commissioner's secretary, and proper clerks, except by the commissioner's consent, or the orders of the judge of a court of record, a record showing the name, residence, sex, age, nativity, occupation, condition and date of entrance or commitment of every inmate, patient or pupil in the several institutions governed by the commissioner, the date, cause and terms of discharge, and the conditions of such person at the time of leaving, and also all transfers from one (1) institution to another, and, if dead, the date and cause. (b) These and such other facts as the commissioner may, from time to time, require shall be furnished by the managing officer of each institution, within ten (10) days after the commitment, entrance, death or discharge of an inmate, patient or pupil, and the managing officer shall make a special report within twenty-four (24) hours thereafter, giving the circumstances as fully as possible. (c) Notwithstanding any other law to the contrary, all inmate records and the information contained therein shall be open for public inspection. Any information contained in an inmate record that is otherwise made confidential by § 10-7-504 , shall remain confidential. The commissioner has the authority to delete from any such record the name of, or any identifying information concerning, any department employee, law enforcement officer or informant or other inmate if, in the commissioner's opinion, public disclosure of such name or information would place the safety of such employee, law enforcement officer, informant or inmate in jeopardy. If the commissioner determines that a name or identifying information cannot be deleted in a manner sufficient to protect any such person, the commissioner may refuse to disclose the document in which such name or identifying information appears. Acts 1919, ch. 39, § 18; impl. am. Acts 1923, ch. 7, §§ 1, 2, 42; Shan. Supp., § 312b24; Code 1932, § 393; modified; T.C.A. (orig. ed.), § 4-651; Acts 1988, ch. 999, § 1.
(a) The commissioner of correction shall keep in the commissioner's own office, accessible only to the commissioner's secretary, and proper clerks, except by the commissioner's consent, or the orders of the judge of a court of record, a record showing the name, residence, sex, age, nativity, occupation, condition and date of entrance or commitment of every inmate, patient or pupil in the several institutions governed by the commissioner, the date, cause and terms of discharge, and the conditions of such person at the time of leaving, and also all transfers from one (1) institution to another, and, if dead, the date and cause.
(b) These and such other facts as the commissioner may, from time to time, require shall be furnished by the managing officer of each institution, within ten (10) days after the commitment, entrance, death or discharge of an inmate, patient or pupil, and the managing officer shall make a special report within twenty-four (24) hours thereafter, giving the circumstances as fully as possible.
(c) Notwithstanding any other law to the contrary, all inmate records and the information contained therein shall be open for public inspection. Any information contained in an inmate record that is otherwise made confidential by § 10-7-504 , shall remain confidential. The commissioner has the authority to delete from any such record the name of, or any identifying information concerning, any department employee, law enforcement officer or informant or other inmate if, in the commissioner's opinion, public disclosure of such name or information would place the safety of such employee, law enforcement officer, informant or inmate in jeopardy. If the commissioner determines that a name or identifying information cannot be deleted in a manner sufficient to protect any such person, the commissioner may refuse to disclose the document in which such name or identifying information appears.
Acts 1919, ch. 39, § 18; impl. am. Acts 1923, ch. 7, §§ 1, 2, 42; Shan. Supp., § 312b24; Code 1932, § 393; modified; T.C.A. (orig. ed.), § 4-651; Acts 1988, ch. 999, § 1.
Tenn. Code Ann. § 4-1-408 — TN Code / Title 4 / Chapter 1 / Section 4-1-408
Departments and agencies of state government to strive for economic efficiency
Status: in_force

(a) Each department and agency of state government shall strive to achieve economic efficiency through utilization of innovative approaches and methodologies while maintaining the highest level of service for the citizens of Tennessee. (b) In achieving economic efficiency, each department and agency is encouraged to seek input and ideas from their employees and the general public. Each department and agency is encouraged to include a public comment portal on its website to facilitate such solicitations. (c) Each department and agency shall annually report progress in achieving economic efficiency during their budget hearings to the appropriate committees of the senate and house of representatives. Acts 2010 , ch. 706, § 1.
(a) Each department and agency of state government shall strive to achieve economic efficiency through utilization of innovative approaches and methodologies while maintaining the highest level of service for the citizens of Tennessee.
(b) In achieving economic efficiency, each department and agency is encouraged to seek input and ideas from their employees and the general public. Each department and agency is encouraged to include a public comment portal on its website to facilitate such solicitations.
(c) Each department and agency shall annually report progress in achieving economic efficiency during their budget hearings to the appropriate committees of the senate and house of representatives.
Acts 2010 , ch. 706, § 1.
Tenn. Code Ann. § 4-3-1420 — TN Code / Title 4 / Chapter 3 / Section 4-3-1420
We Want to Learn English Initiative
Status: in_force

(a) The department of labor and workforce development, in conjunction with the department of education, shall establish and administer a grant program to be known as the "We Want to Learn English Initiative." The initiative shall be created for the purpose of providing resources for immigrants and refugees in this state to learn English in order to move toward becoming full members of American society. (b) The department shall utilize existing staff to assist in the implementation of the program and provide grant funding from whatever funding sources available, including, but not limited to, funds from the federal, state, county and municipal governments. (c) The department of labor and workforce development shall allocate and disperse funds each fiscal year to community-based, not-for-profit organizations, immigrant social service organizations, faith-based organizations and on-site job training programs so that immigrants and refugees can learn English where they live, work, pray and socialize and where their children attend school. (d) Funds for the We Want to Learn English Initiative may be used only to provide programs that teach English to United States citizens, lawful permanent residents and other persons residing in this state who are in lawful immigration status. Acts 2009, ch. 366, § 1.
(a) The department of labor and workforce development, in conjunction with the department of education, shall establish and administer a grant program to be known as the "We Want to Learn English Initiative." The initiative shall be created for the purpose of providing resources for immigrants and refugees in this state to learn English in order to move toward becoming full members of American society.
(b) The department shall utilize existing staff to assist in the implementation of the program and provide grant funding from whatever funding sources available, including, but not limited to, funds from the federal, state, county and municipal governments.
(c) The department of labor and workforce development shall allocate and disperse funds each fiscal year to community-based, not-for-profit organizations, immigrant social service organizations, faith-based organizations and on-site job training programs so that immigrants and refugees can learn English where they live, work, pray and socialize and where their children attend school.
(d) Funds for the We Want to Learn English Initiative may be used only to provide programs that teach English to United States citizens, lawful permanent residents and other persons residing in this state who are in lawful immigration status.
Acts 2009, ch. 366, § 1.
Tenn. Code Ann. § 4-7-208 — TN Code / Title 4 / Chapter 7 / Section 4-7-208
Determination of compensation for each step
Status: in_force

For implementation purposes of the compensation survey in fiscal year 1988-1989, and in all subsequent fiscal years, the average compensation for each class of position in each duty classification shall be determined in accordance with § 4-7-204(a)(1) . All other steps shall be computed in accordance with § 4-7-204(a) . Acts 1986, ch. 935, § 10.
For implementation purposes of the compensation survey in fiscal year 1988-1989, and in all subsequent fiscal years, the average compensation for each class of position in each duty classification shall be determined in accordance with § 4-7-204(a)(1) . All other steps shall be computed in accordance with § 4-7-204(a) .
Acts 1986, ch. 935, § 10.
Tenn. Code Ann. § 4-39-102 — TN Code / Title 4 / Chapter 39 / Section 4-39-102
Major procurement contract to contain provision for payment of sales and use taxes by vendor and subcontractors
Status: in_force

A state governmental entity shall include in any major procurement contract with a vendor a provision that the vendor and the vendor's subcontractors, shall remit sales and use taxes on sales of goods or services made by the vendor or the vendor's subcontractor. Added by 2015 Tenn. Acts, ch. 515,s 2, eff. 7/1/2015.
A state governmental entity shall include in any major procurement contract with a vendor a provision that the vendor and the vendor's subcontractors, shall remit sales and use taxes on sales of goods or services made by the vendor or the vendor's subcontractor.
Added by 2015 Tenn. Acts, ch. 515,s 2, eff. 7/1/2015.
Tenn. Code Ann. § 4-3-1112 — TN Code / Title 4 / Chapter 3 / Section 4-3-1112
Rain forest materials and products - Study of purchases - Reduction or elimination
Status: in_force

The commissioner of general services is requested to conduct a study of the purchase by the state of any materials or products having their origin in raw materials derived from the endangered rain forest and how the state might reduce or eliminate the purchase of such materials or products. The commissioner is also requested to purchase non-rain forest products if comparable in quality and cost to products derived from endangered rain forests. Acts 1992, ch. 1010, § 1.
The commissioner of general services is requested to conduct a study of the purchase by the state of any materials or products having their origin in raw materials derived from the endangered rain forest and how the state might reduce or eliminate the purchase of such materials or products. The commissioner is also requested to purchase non-rain forest products if comparable in quality and cost to products derived from endangered rain forests.
Acts 1992, ch. 1010, § 1.
Tenn. Code Ann. § 4-25-107 — TN Code / Title 4 / Chapter 25 / Section 4-25-107
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 279, s 1, eff. 5/3/2021. Amended by 2013 Tenn. Acts, ch. 236, s 70, eff. 4/19/2013. Acts 1976, ch. 757, § 7; T.C.A., § 4-2507; Acts 1985, ch. 216, § 1.
Repealed by 2021 Tenn. Acts, ch. 279, s 1, eff. 5/3/2021.
Amended by 2013 Tenn. Acts, ch. 236, s 70, eff. 4/19/2013.
Acts 1976, ch. 757, § 7; T.C.A., § 4-2507; Acts 1985, ch. 216, § 1.
Tenn. Code Ann. § 4-25-108 — TN Code / Title 4 / Chapter 25 / Section 4-25-108
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 279, s 1, eff. 5/3/2021. Acts 1976, ch. 757, § 8; T.C.A., § 4-2508.
Repealed by 2021 Tenn. Acts, ch. 279, s 1, eff. 5/3/2021.
Acts 1976, ch. 757, § 8; T.C.A., § 4-2508.
Tenn. Code Ann. § 4-31-302 — TN Code / Title 4 / Chapter 31 / Section 4-31-302
Program established
Status: in_force

There is hereby established the industrial development loan program, with the purpose of providing loans to small communities in order to finance public facilities that will support industrial development and generate manufacturing jobs in Tennessee. Acts 1981, ch. 453, § 2.
There is hereby established the industrial development loan program, with the purpose of providing loans to small communities in order to finance public facilities that will support industrial development and generate manufacturing jobs in Tennessee.
Acts 1981, ch. 453, § 2.
Tenn. Code Ann. § 4-3-707 — TN Code / Title 4 / Chapter 3 / Section 4-3-707
Industrial development authority - Transfer of duties
Status: in_force

The duties required of the Tennessee industrial development authority as of June 30, 1981, relative to the outstanding loan guarantees and commitments made by the authority, are transferred to the department of economic and community development. Acts 1981, ch. 521, §§ 2, 3.
The duties required of the Tennessee industrial development authority as of June 30, 1981, relative to the outstanding loan guarantees and commitments made by the authority, are transferred to the department of economic and community development.
Acts 1981, ch. 521, §§ 2, 3.
Tenn. Code Ann. § 4-3-2004 — TN Code / Title 4 / Chapter 3 / Section 4-3-2004
Notary powers of department employees
Status: in_force

(a) (1) The commissioner of safety is authorized to designate in writing employees of the department of safety, who shall be authorized to take acknowledgements and administer oaths and perform other notarial acts with respect to applications, reports and any and all other documents required by law or departmental regulation to be filed with the department. (2) Any employee so designated is authorized to perform the services and functions of a notary public with respect to such matters exclusively under the supervision and administration of the department, but no further nor otherwise. (3) A written list of the employees so designated shall be posted in the office of the commissioner and shall be open to inspection at all business hours. (b) Any false statement made on oath or affirmation before any such person shall subject the offender to punishment for perjury under the penalties now provided by law. Acts 1939, ch. 11, § 10; 1945, ch. 28, § 3; C. Supp. 1950, § 255.15; Acts 1961, ch. 3, § 1; T.C.A., § 4-319.
(a) (1) The commissioner of safety is authorized to designate in writing employees of the department of safety, who shall be authorized to take acknowledgements and administer oaths and perform other notarial acts with respect to applications, reports and any and all other documents required by law or departmental regulation to be filed with the department. (2) Any employee so designated is authorized to perform the services and functions of a notary public with respect to such matters exclusively under the supervision and administration of the department, but no further nor otherwise. (3) A written list of the employees so designated shall be posted in the office of the commissioner and shall be open to inspection at all business hours.
(1) The commissioner of safety is authorized to designate in writing employees of the department of safety, who shall be authorized to take acknowledgements and administer oaths and perform other notarial acts with respect to applications, reports and any and all other documents required by law or departmental regulation to be filed with the department.
(2) Any employee so designated is authorized to perform the services and functions of a notary public with respect to such matters exclusively under the supervision and administration of the department, but no further nor otherwise.
(3) A written list of the employees so designated shall be posted in the office of the commissioner and shall be open to inspection at all business hours.
(b) Any false statement made on oath or affirmation before any such person shall subject the offender to punishment for perjury under the penalties now provided by law.
Acts 1939, ch. 11, § 10; 1945, ch. 28, § 3; C. Supp. 1950, § 255.15; Acts 1961, ch. 3, § 1; T.C.A., § 4-319.
Tenn. Code Ann. § 4-8-201 — TN Code / Title 4 / Chapter 8 / Section 4-8-201
Rules and regulations
Status: in_force

(a) The governor is hereby authorized to promulgate rules and regulations governing the parking of motor vehicles on the state-owned property known as Capitol Hill and immediately surrounding the state capitol at Nashville. The office of the chief clerk of the senate and the office of the chief clerk of the house of representatives shall each be assigned a minimum of six (6) parking spaces pursuant to such rules and regulations; and the chief clerk of the senate and the chief clerk of the house of representatives shall jointly possess exclusive custody, control and direction of any parking spaces developed and constructed, after January 1, 2001, on the right side of the drive on Capitol Hill up to the state capitol. (b) Such rules and regulations when promulgated shall be enforced by the commissioner of general services, in the manner provided in this part. Acts 1951, ch. 131, § 1 (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.), § 4-807; Acts 2004, ch. 736, § 1; 2010, ch. 1062, § 3.
(a) The governor is hereby authorized to promulgate rules and regulations governing the parking of motor vehicles on the state-owned property known as Capitol Hill and immediately surrounding the state capitol at Nashville. The office of the chief clerk of the senate and the office of the chief clerk of the house of representatives shall each be assigned a minimum of six (6) parking spaces pursuant to such rules and regulations; and the chief clerk of the senate and the chief clerk of the house of representatives shall jointly possess exclusive custody, control and direction of any parking spaces developed and constructed, after January 1, 2001, on the right side of the drive on Capitol Hill up to the state capitol.
(b) Such rules and regulations when promulgated shall be enforced by the commissioner of general services, in the manner provided in this part.
Acts 1951, ch. 131, § 1 (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.), § 4-807; Acts 2004, ch. 736, § 1; 2010, ch. 1062, § 3.
Tenn. Code Ann. § 4-57-101 — TN Code / Title 4 / Chapter 57 / Section 4-57-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Tennessee State Fair and Exposition Act." Acts 2012, ch. 1047, § 1.
This chapter shall be known and may be cited as the "Tennessee State Fair and Exposition Act."
Acts 2012, ch. 1047, § 1.
Tenn. Code Ann. § 4-49-111 — TN Code / Title 4 / Chapter 49 / Section 4-49-111
Persons authorized to engage in sports wagering
Status: in_force

(a) Except for those persons ineligible to place bets under § 4-49-112 , a person who is twenty-one (21) years of age or older and who is physically located in this state may place a wager in the manner authorized by law. (b) A licensee shall ensure that all wagers accepted in this state are from qualified bettors and in accordance with this part. Renumbered from T.C.A. s 4-51-311 by 2021 Tenn. Acts, ch. 593, s 30, eff. 1/1/2022. Amended by 2021 Tenn. Acts, ch. 593, s 27, eff. 1/1/2022. Added by 2019 Tenn. Acts, ch. 507, s 1, eff. 7/1/2019.
(a) Except for those persons ineligible to place bets under § 4-49-112 , a person who is twenty-one (21) years of age or older and who is physically located in this state may place a wager in the manner authorized by law.
(b) A licensee shall ensure that all wagers accepted in this state are from qualified bettors and in accordance with this part.
Renumbered from T.C.A. s 4-51-311 by 2021 Tenn. Acts, ch. 593, s 30, eff. 1/1/2022.
Amended by 2021 Tenn. Acts, ch. 593, s 27, eff. 1/1/2022.
Added by 2019 Tenn. Acts, ch. 507, s 1, eff. 7/1/2019.
Tenn. Code Ann. § 4-4-125 — TN Code / Title 4 / Chapter 4 / Section 4-4-125
Review of regulatory board actions that may constitute potentially unreasonable restraint of trade
Status: in_force

(a) As used in this section: (1) "Regulatory board" means any state board, commission, council, committee, or similar entity or body established by statute or rule that issues any license, certificate, registration, certification, permit, or other similar document for an occupation, profession, business, or trade in this state or otherwise regulates or controls any occupation, profession, business, or trade in this state. "Regulatory board" does not mean any board created by § 17-5-201 , § 23-1-101 , or the rules of the supreme court; and (2) "Supervising official" means the commissioner or chief executive officer of the administrative department under which a regulatory board operates or to which a regulatory board is administratively attached, or the commissioner's or officer's designee. (b) Each supervising official shall ensure that the actions of regulatory boards that displace competition are consistent with a clearly articulated state policy. With respect to any action, other than rulemaking, taken by a regulatory board the supervising official shall: (1) Evaluate whether the action may constitute a potentially unreasonable restraint of trade that requires further review; and (2) If it is determined that an action requires further review pursuant to subdivision (b)(1): (A) Provide notice to the regulatory board within ten (10) business days of the date the action was taken that the action is subject to further review; (B) Review the full evidentiary record regarding the action and, if necessary, supplement the evidentiary record or direct the regulatory board or other involved persons or entities to supplement the evidentiary record; (C) Conduct a review of the substance of the action, de novo and on the merits, for the sole purpose of determining whether the action is consistent with a clearly articulated state policy or law established by the general assembly with respect to the regulatory board; and (D) In writing: (i) Approve the action if the supervising official determines that it is consistent with a clearly articulated state policy or law established by the general assembly with respect to the regulatory board; (ii) Remand the action to the regulatory board for additional information, further proceedings, or modification, as is necessary to ensure that the action is consistent with a clearly articulated state policy or law established by the general assembly with respect to the regulatory board; or (iii) Veto the action if the supervising official determines that it is not consistent with a clearly articulated state policy or law established by the general assembly with respect to the regulatory board. (c) The supervising official may not: (1) Be licensed by, or participate in or have a financial interest in an occupation, profession, business, or trade regulated by or otherwise affected or potentially affected by, the regulatory board whose action is subject to review under this section; or (2) Be a voting or ex officio member of the regulatory board whose action is subject to review under this section. (d) The supervising official's duties established pursuant to this section shall be carried out in a reasonably prompt manner and in accordance with any time limitations set forth in this section. (e) If, within ten (10) business days of the date an action is taken, the supervising official provides notice to the chair of the regulatory board that the action is subject to further review pursuant to subdivision (b)(2), the action shall take effect upon the supervising official's approval but shall not take effect if the supervising official vetoes or remands the action. (f) The supervising official's approval, remand, or veto of a regulatory board's action pursuant to subdivision (b)(2)(D) must include written justification for the decision and shall constitute the regulatory board's action with respect to that matter. (g) A regulatory board shall provide to the supervising official adequate notice of its meetings. (h) The supervising official must provide written notice to the chairs of the government operations committees of the senate and house of representatives of any veto of an action pursuant to this section within three (3) business days of the date of the veto. The government operations committees of the senate and house of representatives are authorized to conduct a hearing regarding the vetoed action at a subsequent, regularly scheduled meeting and may request the supervising official and a regulatory board representative to appear at the hearing. The government operations committees may meet jointly or separately. Nothing contained in this section shall be construed to authorize the government operations committees to delay or overturn the supervising official's veto, nor shall it limit the authority of the government operations committees to recommend legislation to the general assembly regarding the subject matter of a hearing conducted pursuant to this subsection (h). Repealed by 2016 Tenn. Acts, ch. 722, s 6, eff. 7/1/2016. Amended by 2015 Tenn. Acts, ch. 225, Secs.s 1, s 2, s 3eff. 4/20/2015. Acts 2001, ch. 427, § 1; 2002, ch. 810, § 1; 2002, ch. 849, § 13.
(a) As used in this section: (1) "Regulatory board" means any state board, commission, council, committee, or similar entity or body established by statute or rule that issues any license, certificate, registration, certification, permit, or other similar document for an occupation, profession, business, or trade in this state or otherwise regulates or controls any occupation, profession, business, or trade in this state. "Regulatory board" does not mean any board created by § 17-5-201 , § 23-1-101 , or the rules of the supreme court; and (2) "Supervising official" means the commissioner or chief executive officer of the administrative department under which a regulatory board operates or to which a regulatory board is administratively attached, or the commissioner's or officer's designee.
(1) "Regulatory board" means any state board, commission, council, committee, or similar entity or body established by statute or rule that issues any license, certificate, registration, certification, permit, or other similar document for an occupation, profession, business, or trade in this state or otherwise regulates or controls any occupation, profession, business, or trade in this state. "Regulatory board" does not mean any board created by § 17-5-201 , § 23-1-101 , or the rules of the supreme court; and
(2) "Supervising official" means the commissioner or chief executive officer of the administrative department under which a regulatory board operates or to which a regulatory board is administratively attached, or the commissioner's or officer's designee.
(b) Each supervising official shall ensure that the actions of regulatory boards that displace competition are consistent with a clearly articulated state policy. With respect to any action, other than rulemaking, taken by a regulatory board the supervising official shall: (1) Evaluate whether the action may constitute a potentially unreasonable restraint of trade that requires further review; and (2) If it is determined that an action requires further review pursuant to subdivision (b)(1): (A) Provide notice to the regulatory board within ten (10) business days of the date the action was taken that the action is subject to further review; (B) Review the full evidentiary record regarding the action and, if necessary, supplement the evidentiary record or direct the regulatory board or other involved persons or entities to supplement the evidentiary record; (C) Conduct a review of the substance of the action, de novo and on the merits, for the sole purpose of determining whether the action is consistent with a clearly articulated state policy or law established by the general assembly with respect to the regulatory board; and (D) In writing: (i) Approve the action if the supervising official determines that it is consistent with a clearly articulated state policy or law established by the general assembly with respect to the regulatory board; (ii) Remand the action to the regulatory board for additional information, further proceedings, or modification, as is necessary to ensure that the action is consistent with a clearly articulated state policy or law established by the general assembly with respect to the regulatory board; or (iii) Veto the action if the supervising official determines that it is not consistent with a clearly articulated state policy or law established by the general assembly with respect to the regulatory board.
(1) Evaluate whether the action may constitute a potentially unreasonable restraint of trade that requires further review; and
(2) If it is determined that an action requires further review pursuant to subdivision (b)(1): (A) Provide notice to the regulatory board within ten (10) business days of the date the action was taken that the action is subject to further review; (B) Review the full evidentiary record regarding the action and, if necessary, supplement the evidentiary record or direct the regulatory board or other involved persons or entities to supplement the evidentiary record; (C) Conduct a review of the substance of the action, de novo and on the merits, for the sole purpose of determining whether the action is consistent with a clearly articulated state policy or law established by the general assembly with respect to the regulatory board; and (D) In writing: (i) Approve the action if the supervising official determines that it is consistent with a clearly articulated state policy or law established by the general assembly with respect to the regulatory board; (ii) Remand the action to the regulatory board for additional information, further proceedings, or modification, as is necessary to ensure that the action is consistent with a clearly articulated state policy or law established by the general assembly with respect to the regulatory board; or (iii) Veto the action if the supervising official determines that it is not consistent with a clearly articulated state policy or law established by the general assembly with respect to the regulatory board.
(A) Provide notice to the regulatory board within ten (10) business days of the date the action was taken that the action is subject to further review;
(B) Review the full evidentiary record regarding the action and, if necessary, supplement the evidentiary record or direct the regulatory board or other involved persons or entities to supplement the evidentiary record;
(C) Conduct a review of the substance of the action, de novo and on the merits, for the sole purpose of determining whether the action is consistent with a clearly articulated state policy or law established by the general assembly with respect to the regulatory board; and
(D) In writing: (i) Approve the action if the supervising official determines that it is consistent with a clearly articulated state policy or law established by the general assembly with respect to the regulatory board; (ii) Remand the action to the regulatory board for additional information, further proceedings, or modification, as is necessary to ensure that the action is consistent with a clearly articulated state policy or law established by the general assembly with respect to the regulatory board; or (iii) Veto the action if the supervising official determines that it is not consistent with a clearly articulated state policy or law established by the general assembly with respect to the regulatory board.
(i) Approve the action if the supervising official determines that it is consistent with a clearly articulated state policy or law established by the general assembly with respect to the regulatory board;
(ii) Remand the action to the regulatory board for additional information, further proceedings, or modification, as is necessary to ensure that the action is consistent with a clearly articulated state policy or law established by the general assembly with respect to the regulatory board; or
(iii) Veto the action if the supervising official determines that it is not consistent with a clearly articulated state policy or law established by the general assembly with respect to the regulatory board.
(c) The supervising official may not: (1) Be licensed by, or participate in or have a financial interest in an occupation, profession, business, or trade regulated by or otherwise affected or potentially affected by, the regulatory board whose action is subject to review under this section; or (2) Be a voting or ex officio member of the regulatory board whose action is subject to review under this section.
(1) Be licensed by, or participate in or have a financial interest in an occupation, profession, business, or trade regulated by or otherwise affected or potentially affected by, the regulatory board whose action is subject to review under this section; or
(2) Be a voting or ex officio member of the regulatory board whose action is subject to review under this section.
(d) The supervising official's duties established pursuant to this section shall be carried out in a reasonably prompt manner and in accordance with any time limitations set forth in this section.
(e) If, within ten (10) business days of the date an action is taken, the supervising official provides notice to the chair of the regulatory board that the action is subject to further review pursuant to subdivision (b)(2), the action shall take effect upon the supervising official's approval but shall not take effect if the supervising official vetoes or remands the action.
(f) The supervising official's approval, remand, or veto of a regulatory board's action pursuant to subdivision (b)(2)(D) must include written justification for the decision and shall constitute the regulatory board's action with respect to that matter.
(g) A regulatory board shall provide to the supervising official adequate notice of its meetings.
(h) The supervising official must provide written notice to the chairs of the government operations committees of the senate and house of representatives of any veto of an action pursuant to this section within three (3) business days of the date of the veto. The government operations committees of the senate and house of representatives are authorized to conduct a hearing regarding the vetoed action at a subsequent, regularly scheduled meeting and may request the supervising official and a regulatory board representative to appear at the hearing. The government operations committees may meet jointly or separately. Nothing contained in this section shall be construed to authorize the government operations committees to delay or overturn the supervising official's veto, nor shall it limit the authority of the government operations committees to recommend legislation to the general assembly regarding the subject matter of a hearing conducted pursuant to this subsection (h).
Repealed by 2016 Tenn. Acts, ch. 722, s 6, eff. 7/1/2016.
Amended by 2015 Tenn. Acts, ch. 225, Secs.s 1, s 2, s 3eff. 4/20/2015.
Acts 2001, ch. 427, § 1; 2002, ch. 810, § 1; 2002, ch. 849, § 13.
Tenn. Code Ann. § 4-28-107 — TN Code / Title 4 / Chapter 28 / Section 4-28-107
Restrictions on insurance companies and their affiliates
Status: in_force

An insurance company or affiliate of an insurance company shall not, directly or indirectly: (1) Beneficially own, whether through rights, options, convertible interest or otherwise, fifteen percent (15%) or more of the voting securities or other voting ownership interest of a TNInvestco; (2) Manage a TNInvestco, other than exercising remedies for default; or (3) Control the direction of investments for a TNInvestco. Acts 2009, ch. 610, § 8.
An insurance company or affiliate of an insurance company shall not, directly or indirectly:
(1) Beneficially own, whether through rights, options, convertible interest or otherwise, fifteen percent (15%) or more of the voting securities or other voting ownership interest of a TNInvestco;
(2) Manage a TNInvestco, other than exercising remedies for default; or
(3) Control the direction of investments for a TNInvestco.
Acts 2009, ch. 610, § 8.
Tenn. Code Ann. § 4-1-412 — TN Code / Title 4 / Chapter 1 / Section 4-1-412
Tennessee heritage protection
Status: in_force

(a) For purposes of this section: (1) "Commission" means the Tennessee monuments and memorials commission established pursuant to this section; (2) "Historic conflict" means any war, battle, or military conflict in which citizens of the United States or any state or territory of the United States have participated in, including, but not limited to, the French and Indian War, American Revolution, War of 1812, United States-Mexican War, the War Between the States, Spanish American War, the Mexican border period, World War I, World War II, the Korean War, the Vietnam War, Operation Urgent Fury (Grenada), Operation El Dorado Canyon (Libya), Operation Just Cause (Panama), Operation Desert Shield/Desert Storm (Persian Gulf War I), Operation Enduring Freedom (Afghanistan), and Operation Iraqi Freedom (Persian Gulf War II); (3) "Historic entity" means any entity recognized as having state, national, military, or historical significance; (4) "Historic event" means any event recognized as having state, national, military, or historical significance; (5) "Historic figure" means any individual who has been recognized as having served in any historic conflict, historic event, historic entity, public office, or in public service; (6) "Historic organization" means any entity that has as one (1) or more of its material missions as the recognition or preservation of any historic conflict, historic entity, historic event, or historic figure; (7) "Memorial" means: (A) Any public real property or park, preserve, or reserve located on public property that has been named or dedicated in honor of any historic conflict, historic entity, historic event, historic figure, or historic organization; or (B) Any statue, monument, memorial, bust, nameplate, historical marker, plaque, artwork, flag, historic display, school, street, bridge, or building that has been erected for, named, or dedicated on public property in honor of any historic conflict, historic entity, historic event, historic figure, or historic organization; and (8) "Public property" means all property owned, leased, rented, managed, or maintained by or under the authority of this state, any county, municipality, metropolitan government, or any other public entity that is created by act of the general assembly to perform any public function. (b) (1) Except as otherwise provided in this section, no memorial regarding a historic conflict, historic entity, historic event, historic figure, or historic organization that is, or is located on, public property, may be removed, renamed, relocated, altered, rededicated, or otherwise disturbed or altered. (2) No memorial or public property that contains a memorial may be sold, transferred, or otherwise disposed of by a county, metropolitan government, municipality, or other political subdivision of this state. (3) (A) Notwithstanding subdivision (b)(1), a public entity having responsibility for maintaining a memorial, or a nonprofit entity acting with permission of the public entity, shall have the authority to take proper and appropriate measures, and exercise proper and appropriate means, for the care, preservation, protection, repair, restoration, and renovation of the memorial. (B) This subdivision (b)(3) shall not be construed to authorize: (i) Permanent removal or concealment of a memorial; or (ii) Temporary removal or concealment of a memorial for a period exceeding forty-five (45) calendar days in any twelve-month period. (c) (1) A public entity exercising control of a memorial may petition the commission for a waiver of subdivision (b)(1) or (b)(2), or both, if applicable. A public entity shall petition the commission for a waiver prior to undertaking any action or transaction, including any action or transaction involving a nonprofit entity or private party, that could foreseeably violate the restrictions imposed by this section. (2) The petition for waiver shall be in writing and shall state the basis upon which the waiver is sought. The petition shall be supported by one (1) or more reports showing that there is a material or substantial need for a waiver based on historical or other compelling public interest. The petition shall also identify by name and address any private entities, groups, or individuals, including, but not limited to, descendants, that may have an interest in receiving notice of the petition. The petition for waiver shall be filed with the commission with proof of public notice as required by subdivision (c)(3). (3) Prior to filing the petition for waiver, the public entity seeking a waiver shall publish notice of the petition for waiver on the website of the public entity, if any, and in at least one (1) newspaper of general circulation serving the area of the memorial and one (1) in Davidson County. The notice shall state the basis on which the waiver is sought and shall provide that a copy of the petition and all supporting reports will be provided to any interested party at no cost upon written request submitted to the public entity filing or intending to file the petition for waiver. (4) An initial hearing before the commission on a petition for waiver shall be scheduled at any regular commission meeting no sooner than sixty (60) calendar days after a petition is filed. At the initial hearing, the commission shall determine which interested entities, groups, or individuals should be given written notice by the public entity, including copies of the petition and supporting reports. The public entity may be directed to provide supplemental notice by publication if deemed necessary by the commission. If an amendment to the petition is filed, the public entity shall provide supplemental notice. If supplemental notice is required either by the commission or as a result of an amendment, notice shall be given in the same manner as notice required pursuant to subdivision (c)(3). (5) A final hearing before the commission on a petition for waiver shall be scheduled at any regular commission meeting no sooner than one hundred eighty (180) calendar days after a petition is filed; provided, that if an amendment to the petition is filed, then no final hearing shall be scheduled until at least one hundred eighty (180) calendar days have elapsed from the date of the filing of the amendment. (6) An interested entity, group, or individual shall be afforded an opportunity to offer public comments regarding a petition for waiver at any commission hearing on a petition. An interested entity, group, or individual may file a memorandum, report, study, letter, or other document related to the petition for consideration by the commission. In addition, an interested entity, group, or individual may intervene in any petition for waiver by filing written notice with the commission not less than forty-five (45) calendar days prior to the final hearing. Upon filing notice, the interested entity, group, or individual shall be a party in all proceedings on the petition for waiver, shall receive copies of all filings, and may present relevant testimony and evidence at any hearing on the petition. Once notice is filed with the commission, the status of the interested entity, group, or individual as a party to the petition for waiver, and any subsequent or concurrent administrative or judicial proceedings, may only be waived in writing by the interested entity, group, or individual. (7) All hearings regarding a petition for waiver shall be recorded. Copies of the record and all exhibits shall be available to any interested entity, group, or individual at the cost of the public entity seeking the waiver. (8) (A) In order for a waiver to be granted, the public entity seeking the waiver shall demonstrate by clear and convincing evidence that a material or substantial need for a waiver based on historical or other compelling public interest exists; provided, that if a memorial is designated as a national historic landmark or listed on the national register of historic places, there shall be a presumption in favor of preservation of the memorial. (B) At the final hearing, the commission may grant a petition for waiver, in whole or in part, by a two-thirds (2/3) vote of the entire membership of the commission by roll call vote. The commission may include reasonable conditions and instructions to ensure that a memorial is preserved and remains publicly accessible to the greatest extent possible. Any petition for waiver that fails to receive a two-thirds (2/3) vote shall be denied. Within thirty (30) calendar days from the final hearing, the final determination of the commission shall be reduced to writing and shall state the commission's findings and the grounds on which the relief is granted or denied. The effective date of the determination shall be not less than one hundred twenty (120) calendar days after notice of the commission's determination is posted on the website of the commission. Copies of the final determination shall be sent to the public entity seeking the waiver and to each interested entity, group, or individual who testified or submitted evidence at the final hearing. (9) A public entity seeking a waiver or interested entity, group, or individual who intervened in accordance with subdivision (c)(6) who is aggrieved by the final determination of the commission on the petition for a waiver may file a petition for review in the chancery court of Davidson County or, alternatively, in the county in which the memorial is located or, in the case of a memorial that is located in multiple counties, the county in which the memorial is predominantly located. A petition for review shall be filed within sixty (60) calendar days after notice of the commission's determination is posted on the website of the commission. The court shall conduct a de novo review on the record of the issues. The review shall be conducted without a presumption that the determinations and findings of the commission are correct. Additional evidence may be introduced and considered by the court. (d) Any entity, group, or individual who can demonstrate a real interest in a memorial through aesthetic, architectural, cultural, economic, environmental, or historic injury, through petition for declaratory order, or through administrative involvement in either the waiver or complaint process, has standing to seek injunctive or other relief in chancery court of Davidson County to enforce this section. To the extent necessary to preserve the status of any memorial prior to a final determination on a waiver or complaint by the commission, administrative law judge, or chancery court, the court shall issue a restraining order or injunction to preserve the memorial and any related public property pending a final ruling on any request for injunctive relief. No bond or other security shall be required for any restraining order or other injunctive relief issued. (e) (1) This section shall apply to any memorial in existence prior to January 1, 1970, and those lawfully created, erected, named, or dedicated on or after January 1, 1970. (2) This section shall not apply to any memorial located on public property under the control of, or acquired by, the department of transportation which may interfere with the construction, maintenance, or operation of the public transportation system. The department shall strive to ensure that any memorial is preserved to the greatest extent possible. (3) This section shall not apply to a memorial that has reached the end of its useful life and is approved for demolition by the state building commission in accordance with § 4-15-102 ; provided, that, prior to any decision to demolish a memorial designated as a national historic landmark or listed on the register of historic places, the historical commission shall make comments to the state building commission in accordance with § 4-11-111 . (4) This section shall not apply to a memorial under the control of an accredited museum when: (A) Housed within the interior of the museum, or museum storage facility, located on public property; or (B) Exhibited or displayed on public property as part of a traveling or temporary exhibition, display, or loan. (5) This section shall not apply to a memorial under the control of a public library or public archive when: (A) Housed within the interior of the library or archive, or library or archive storage facility, located on public property; or (B) Exhibited or displayed on public property as part of a traveling or temporary exhibition, display, or loan. (f) (1) The commission has authority to receive and consider complaints alleging violations of subdivision (b)(1), (b)(2), or (b)(3)(B). (2) Complaints may be filed by any entity, group, or individual. All complaints must be in writing on a uniform complaint form to be posted on the website of the commission. Complaints must be filed within one hundred twenty (120) calendar days of the alleged violation. (3) A hearing on a complaint must be set within one hundred twenty (120) calendar days after the complaint is filed. Multiple complaints alleging the same violation must be joined. The complainant and public entity shall be given at least thirty (30) calendar days' notice of the date of the hearing. The complainant and the public entity shall be afforded the opportunity to present evidence at the hearing. At the hearing, the commission may determine that a violation has occurred by a majority vote of the entire membership of the commission; provided, that if the complainant is a member of the commission, the member shall not participate in the commission's deliberations or vote on the complaint. If a violation has occurred, the commission shall prepare a written violation determination. The complaint shall be deemed dismissed if a violation is not determined to have occurred at the hearing. Once acted upon, no complaint alleging the same, or substantially the same, violation by the same public entity during the same episode shall be received and considered by the commission unless initiated by the commission. (4) The commission shall transmit a copy of a violation determination to the public entity and to the department of economic and community development. (5) A public entity that violates any provision of this section shall be precluded from entering into grant contracts administered by the commission and the department of economic and community development for a period of five (5) years from the date upon which a violation determination is made. (g) The commission, at its discretion, may assist any public entity or historic organization with preservation of a memorial through consultation, best practices, or other available resources. (h) Notwithstanding any provision of this section, in lieu of a waiver, a historic organization may petition the commission to transfer ownership of, relocate, or both transfer ownership of and relocate, a memorial to the historic organization with the consent of the public entity exercising control over the memorial. The petition must be filed with a copy of a resolution, ordinance, or order from the governing body of the public entity consenting to the transfer, relocation, or both transfer and relocation. The petition must include an assessment of costs associated with the transfer, relocation, or both transfer and relocation, and identify who will be responsible for the costs. If the petition includes relocation, a description or map of the proposed location must be submitted with the petition. A memorial may be relocated only to an accessible and suitable location within this state as determined by the commission. The commission may approve a petition upon a majority vote of the entire membership of the commission. (i) The Uniform Administrative Procedures Act, compiled in chapter 5 of this title, shall apply to this section except to the extent that the provisions of this section conflict, in which case this section shall control. (j) (1) There is created the Tennessee monuments and memorials commission. (2) The commission shall study, hear, and resolve petitions for waiver under this section. (3) (A) The membership of the commission shall consist of nine (9) members, with three (3) members appointed by the governor, three (3) members appointed by the speaker of the senate, and three (3) members appointed by the speaker of the house of representatives. (B) The executive director of the Tennessee historical commission shall serve as an ex officio non-voting member of the commission. (C) Each appointing authority shall appoint one (1) member from each grand division of the state. (D) Each appointing authority shall appoint one (1) individual to a four-year term, one (1) individual to a three-year term, and one (1) individual to a two-year term, beginning July 1, 2023. After the initial terms are served, all terms are four-year terms. (E) The members serve without compensation, but may receive reimbursement for 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. (F) Vacancies must be filled by the respective appointing authority. (4) The commission shall meet as needed with the first meeting to be called by the governor in July of 2023. At the first meeting, the commission shall elect a chair, who shall call all subsequent meetings. (5) The commission is administratively attached to the department of environment and conservation for budgeting purposes. (6) A majority of the members of the commission constitutes a quorum. All actions of the commission must be ratified by a majority vote of all members. (7) No additional staff or resources, except for travel expenses for members of the commission, are required to accomplish the intent of this subsection (j). The Tennessee historical commission shall provide all staff support required for the Tennessee monuments and memorials commission, and the executive director of the Tennessee historical commission shall serve as the executive director of the commission. (8) The commission may promulgate rules and regulations to effectuate the purposes of this section. All rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Amended by 2023 Tenn. Acts, ch. 434, s 2, eff. 5/11/2023. Amended by 2023 Tenn. Acts, ch. 434, s 1, eff. 5/11/2023. Amended by 2018 Tenn. Acts, ch. 1033, Secs.s 1, s 2, s 3, s 4, s 5, s 6, s 7, s 8, s 9 eff. 5/21/2018. Amended by 2017 Tenn. Acts, ch. 201, Secs.s 1, s 2 eff. 4/27/2017. Amended by 2016 Tenn. Acts, ch. 601, s 2, eff. 3/11/2016. Added by 2013 Tenn. Acts, ch. 75, s 2, eff. 4/1/2013. See 2023 Tenn. Acts, ch. 434, s 3.
(a) For purposes of this section: (1) "Commission" means the Tennessee monuments and memorials commission established pursuant to this section; (2) "Historic conflict" means any war, battle, or military conflict in which citizens of the United States or any state or territory of the United States have participated in, including, but not limited to, the French and Indian War, American Revolution, War of 1812, United States-Mexican War, the War Between the States, Spanish American War, the Mexican border period, World War I, World War II, the Korean War, the Vietnam War, Operation Urgent Fury (Grenada), Operation El Dorado Canyon (Libya), Operation Just Cause (Panama), Operation Desert Shield/Desert Storm (Persian Gulf War I), Operation Enduring Freedom (Afghanistan), and Operation Iraqi Freedom (Persian Gulf War II); (3) "Historic entity" means any entity recognized as having state, national, military, or historical significance; (4) "Historic event" means any event recognized as having state, national, military, or historical significance; (5) "Historic figure" means any individual who has been recognized as having served in any historic conflict, historic event, historic entity, public office, or in public service; (6) "Historic organization" means any entity that has as one (1) or more of its material missions as the recognition or preservation of any historic conflict, historic entity, historic event, or historic figure; (7) "Memorial" means: (A) Any public real property or park, preserve, or reserve located on public property that has been named or dedicated in honor of any historic conflict, historic entity, historic event, historic figure, or historic organization; or (B) Any statue, monument, memorial, bust, nameplate, historical marker, plaque, artwork, flag, historic display, school, street, bridge, or building that has been erected for, named, or dedicated on public property in honor of any historic conflict, historic entity, historic event, historic figure, or historic organization; and (8) "Public property" means all property owned, leased, rented, managed, or maintained by or under the authority of this state, any county, municipality, metropolitan government, or any other public entity that is created by act of the general assembly to perform any public function.
(1) "Commission" means the Tennessee monuments and memorials commission established pursuant to this section;
(2) "Historic conflict" means any war, battle, or military conflict in which citizens of the United States or any state or territory of the United States have participated in, including, but not limited to, the French and Indian War, American Revolution, War of 1812, United States-Mexican War, the War Between the States, Spanish American War, the Mexican border period, World War I, World War II, the Korean War, the Vietnam War, Operation Urgent Fury (Grenada), Operation El Dorado Canyon (Libya), Operation Just Cause (Panama), Operation Desert Shield/Desert Storm (Persian Gulf War I), Operation Enduring Freedom (Afghanistan), and Operation Iraqi Freedom (Persian Gulf War II);
(3) "Historic entity" means any entity recognized as having state, national, military, or historical significance;
(4) "Historic event" means any event recognized as having state, national, military, or historical significance;
(5) "Historic figure" means any individual who has been recognized as having served in any historic conflict, historic event, historic entity, public office, or in public service;
(6) "Historic organization" means any entity that has as one (1) or more of its material missions as the recognition or preservation of any historic conflict, historic entity, historic event, or historic figure;
(7) "Memorial" means: (A) Any public real property or park, preserve, or reserve located on public property that has been named or dedicated in honor of any historic conflict, historic entity, historic event, historic figure, or historic organization; or (B) Any statue, monument, memorial, bust, nameplate, historical marker, plaque, artwork, flag, historic display, school, street, bridge, or building that has been erected for, named, or dedicated on public property in honor of any historic conflict, historic entity, historic event, historic figure, or historic organization; and
(A) Any public real property or park, preserve, or reserve located on public property that has been named or dedicated in honor of any historic conflict, historic entity, historic event, historic figure, or historic organization; or
(B) Any statue, monument, memorial, bust, nameplate, historical marker, plaque, artwork, flag, historic display, school, street, bridge, or building that has been erected for, named, or dedicated on public property in honor of any historic conflict, historic entity, historic event, historic figure, or historic organization; and
(8) "Public property" means all property owned, leased, rented, managed, or maintained by or under the authority of this state, any county, municipality, metropolitan government, or any other public entity that is created by act of the general assembly to perform any public function.
(b) (1) Except as otherwise provided in this section, no memorial regarding a historic conflict, historic entity, historic event, historic figure, or historic organization that is, or is located on, public property, may be removed, renamed, relocated, altered, rededicated, or otherwise disturbed or altered. (2) No memorial or public property that contains a memorial may be sold, transferred, or otherwise disposed of by a county, metropolitan government, municipality, or other political subdivision of this state. (3) (A) Notwithstanding subdivision (b)(1), a public entity having responsibility for maintaining a memorial, or a nonprofit entity acting with permission of the public entity, shall have the authority to take proper and appropriate measures, and exercise proper and appropriate means, for the care, preservation, protection, repair, restoration, and renovation of the memorial. (B) This subdivision (b)(3) shall not be construed to authorize: (i) Permanent removal or concealment of a memorial; or (ii) Temporary removal or concealment of a memorial for a period exceeding forty-five (45) calendar days in any twelve-month period.
(1) Except as otherwise provided in this section, no memorial regarding a historic conflict, historic entity, historic event, historic figure, or historic organization that is, or is located on, public property, may be removed, renamed, relocated, altered, rededicated, or otherwise disturbed or altered.
(2) No memorial or public property that contains a memorial may be sold, transferred, or otherwise disposed of by a county, metropolitan government, municipality, or other political subdivision of this state.
(3) (A) Notwithstanding subdivision (b)(1), a public entity having responsibility for maintaining a memorial, or a nonprofit entity acting with permission of the public entity, shall have the authority to take proper and appropriate measures, and exercise proper and appropriate means, for the care, preservation, protection, repair, restoration, and renovation of the memorial. (B) This subdivision (b)(3) shall not be construed to authorize: (i) Permanent removal or concealment of a memorial; or (ii) Temporary removal or concealment of a memorial for a period exceeding forty-five (45) calendar days in any twelve-month period.
(A) Notwithstanding subdivision (b)(1), a public entity having responsibility for maintaining a memorial, or a nonprofit entity acting with permission of the public entity, shall have the authority to take proper and appropriate measures, and exercise proper and appropriate means, for the care, preservation, protection, repair, restoration, and renovation of the memorial.
(B) This subdivision (b)(3) shall not be construed to authorize: (i) Permanent removal or concealment of a memorial; or (ii) Temporary removal or concealment of a memorial for a period exceeding forty-five (45) calendar days in any twelve-month period.
(i) Permanent removal or concealment of a memorial; or
(ii) Temporary removal or concealment of a memorial for a period exceeding forty-five (45) calendar days in any twelve-month period.
(c) (1) A public entity exercising control of a memorial may petition the commission for a waiver of subdivision (b)(1) or (b)(2), or both, if applicable. A public entity shall petition the commission for a waiver prior to undertaking any action or transaction, including any action or transaction involving a nonprofit entity or private party, that could foreseeably violate the restrictions imposed by this section. (2) The petition for waiver shall be in writing and shall state the basis upon which the waiver is sought. The petition shall be supported by one (1) or more reports showing that there is a material or substantial need for a waiver based on historical or other compelling public interest. The petition shall also identify by name and address any private entities, groups, or individuals, including, but not limited to, descendants, that may have an interest in receiving notice of the petition. The petition for waiver shall be filed with the commission with proof of public notice as required by subdivision (c)(3). (3) Prior to filing the petition for waiver, the public entity seeking a waiver shall publish notice of the petition for waiver on the website of the public entity, if any, and in at least one (1) newspaper of general circulation serving the area of the memorial and one (1) in Davidson County. The notice shall state the basis on which the waiver is sought and shall provide that a copy of the petition and all supporting reports will be provided to any interested party at no cost upon written request submitted to the public entity filing or intending to file the petition for waiver. (4) An initial hearing before the commission on a petition for waiver shall be scheduled at any regular commission meeting no sooner than sixty (60) calendar days after a petition is filed. At the initial hearing, the commission shall determine which interested entities, groups, or individuals should be given written notice by the public entity, including copies of the petition and supporting reports. The public entity may be directed to provide supplemental notice by publication if deemed necessary by the commission. If an amendment to the petition is filed, the public entity shall provide supplemental notice. If supplemental notice is required either by the commission or as a result of an amendment, notice shall be given in the same manner as notice required pursuant to subdivision (c)(3). (5) A final hearing before the commission on a petition for waiver shall be scheduled at any regular commission meeting no sooner than one hundred eighty (180) calendar days after a petition is filed; provided, that if an amendment to the petition is filed, then no final hearing shall be scheduled until at least one hundred eighty (180) calendar days have elapsed from the date of the filing of the amendment. (6) An interested entity, group, or individual shall be afforded an opportunity to offer public comments regarding a petition for waiver at any commission hearing on a petition. An interested entity, group, or individual may file a memorandum, report, study, letter, or other document related to the petition for consideration by the commission. In addition, an interested entity, group, or individual may intervene in any petition for waiver by filing written notice with the commission not less than forty-five (45) calendar days prior to the final hearing. Upon filing notice, the interested entity, group, or individual shall be a party in all proceedings on the petition for waiver, shall receive copies of all filings, and may present relevant testimony and evidence at any hearing on the petition. Once notice is filed with the commission, the status of the interested entity, group, or individual as a party to the petition for waiver, and any subsequent or concurrent administrative or judicial proceedings, may only be waived in writing by the interested entity, group, or individual. (7) All hearings regarding a petition for waiver shall be recorded. Copies of the record and all exhibits shall be available to any interested entity, group, or individual at the cost of the public entity seeking the waiver. (8) (A) In order for a waiver to be granted, the public entity seeking the waiver shall demonstrate by clear and convincing evidence that a material or substantial need for a waiver based on historical or other compelling public interest exists; provided, that if a memorial is designated as a national historic landmark or listed on the national register of historic places, there shall be a presumption in favor of preservation of the memorial. (B) At the final hearing, the commission may grant a petition for waiver, in whole or in part, by a two-thirds (2/3) vote of the entire membership of the commission by roll call vote. The commission may include reasonable conditions and instructions to ensure that a memorial is preserved and remains publicly accessible to the greatest extent possible. Any petition for waiver that fails to receive a two-thirds (2/3) vote shall be denied. Within thirty (30) calendar days from the final hearing, the final determination of the commission shall be reduced to writing and shall state the commission's findings and the grounds on which the relief is granted or denied. The effective date of the determination shall be not less than one hundred twenty (120) calendar days after notice of the commission's determination is posted on the website of the commission. Copies of the final determination shall be sent to the public entity seeking the waiver and to each interested entity, group, or individual who testified or submitted evidence at the final hearing. (9) A public entity seeking a waiver or interested entity, group, or individual who intervened in accordance with subdivision (c)(6) who is aggrieved by the final determination of the commission on the petition for a waiver may file a petition for review in the chancery court of Davidson County or, alternatively, in the county in which the memorial is located or, in the case of a memorial that is located in multiple counties, the county in which the memorial is predominantly located. A petition for review shall be filed within sixty (60) calendar days after notice of the commission's determination is posted on the website of the commission. The court shall conduct a de novo review on the record of the issues. The review shall be conducted without a presumption that the determinations and findings of the commission are correct. Additional evidence may be introduced and considered by the court.
(1) A public entity exercising control of a memorial may petition the commission for a waiver of subdivision (b)(1) or (b)(2), or both, if applicable. A public entity shall petition the commission for a waiver prior to undertaking any action or transaction, including any action or transaction involving a nonprofit entity or private party, that could foreseeably violate the restrictions imposed by this section.
(2) The petition for waiver shall be in writing and shall state the basis upon which the waiver is sought. The petition shall be supported by one (1) or more reports showing that there is a material or substantial need for a waiver based on historical or other compelling public interest. The petition shall also identify by name and address any private entities, groups, or individuals, including, but not limited to, descendants, that may have an interest in receiving notice of the petition. The petition for waiver shall be filed with the commission with proof of public notice as required by subdivision (c)(3).
(3) Prior to filing the petition for waiver, the public entity seeking a waiver shall publish notice of the petition for waiver on the website of the public entity, if any, and in at least one (1) newspaper of general circulation serving the area of the memorial and one (1) in Davidson County. The notice shall state the basis on which the waiver is sought and shall provide that a copy of the petition and all supporting reports will be provided to any interested party at no cost upon written request submitted to the public entity filing or intending to file the petition for waiver.
(4) An initial hearing before the commission on a petition for waiver shall be scheduled at any regular commission meeting no sooner than sixty (60) calendar days after a petition is filed. At the initial hearing, the commission shall determine which interested entities, groups, or individuals should be given written notice by the public entity, including copies of the petition and supporting reports. The public entity may be directed to provide supplemental notice by publication if deemed necessary by the commission. If an amendment to the petition is filed, the public entity shall provide supplemental notice. If supplemental notice is required either by the commission or as a result of an amendment, notice shall be given in the same manner as notice required pursuant to subdivision (c)(3).
(5) A final hearing before the commission on a petition for waiver shall be scheduled at any regular commission meeting no sooner than one hundred eighty (180) calendar days after a petition is filed; provided, that if an amendment to the petition is filed, then no final hearing shall be scheduled until at least one hundred eighty (180) calendar days have elapsed from the date of the filing of the amendment.
(6) An interested entity, group, or individual shall be afforded an opportunity to offer public comments regarding a petition for waiver at any commission hearing on a petition. An interested entity, group, or individual may file a memorandum, report, study, letter, or other document related to the petition for consideration by the commission. In addition, an interested entity, group, or individual may intervene in any petition for waiver by filing written notice with the commission not less than forty-five (45) calendar days prior to the final hearing. Upon filing notice, the interested entity, group, or individual shall be a party in all proceedings on the petition for waiver, shall receive copies of all filings, and may present relevant testimony and evidence at any hearing on the petition. Once notice is filed with the commission, the status of the interested entity, group, or individual as a party to the petition for waiver, and any subsequent or concurrent administrative or judicial proceedings, may only be waived in writing by the interested entity, group, or individual.
(7) All hearings regarding a petition for waiver shall be recorded. Copies of the record and all exhibits shall be available to any interested entity, group, or individual at the cost of the public entity seeking the waiver.
(8) (A) In order for a waiver to be granted, the public entity seeking the waiver shall demonstrate by clear and convincing evidence that a material or substantial need for a waiver based on historical or other compelling public interest exists; provided, that if a memorial is designated as a national historic landmark or listed on the national register of historic places, there shall be a presumption in favor of preservation of the memorial. (B) At the final hearing, the commission may grant a petition for waiver, in whole or in part, by a two-thirds (2/3) vote of the entire membership of the commission by roll call vote. The commission may include reasonable conditions and instructions to ensure that a memorial is preserved and remains publicly accessible to the greatest extent possible. Any petition for waiver that fails to receive a two-thirds (2/3) vote shall be denied. Within thirty (30) calendar days from the final hearing, the final determination of the commission shall be reduced to writing and shall state the commission's findings and the grounds on which the relief is granted or denied. The effective date of the determination shall be not less than one hundred twenty (120) calendar days after notice of the commission's determination is posted on the website of the commission. Copies of the final determination shall be sent to the public entity seeking the waiver and to each interested entity, group, or individual who testified or submitted evidence at the final hearing.
(A) In order for a waiver to be granted, the public entity seeking the waiver shall demonstrate by clear and convincing evidence that a material or substantial need for a waiver based on historical or other compelling public interest exists; provided, that if a memorial is designated as a national historic landmark or listed on the national register of historic places, there shall be a presumption in favor of preservation of the memorial.
(B) At the final hearing, the commission may grant a petition for waiver, in whole or in part, by a two-thirds (2/3) vote of the entire membership of the commission by roll call vote. The commission may include reasonable conditions and instructions to ensure that a memorial is preserved and remains publicly accessible to the greatest extent possible. Any petition for waiver that fails to receive a two-thirds (2/3) vote shall be denied. Within thirty (30) calendar days from the final hearing, the final determination of the commission shall be reduced to writing and shall state the commission's findings and the grounds on which the relief is granted or denied. The effective date of the determination shall be not less than one hundred twenty (120) calendar days after notice of the commission's determination is posted on the website of the commission. Copies of the final determination shall be sent to the public entity seeking the waiver and to each interested entity, group, or individual who testified or submitted evidence at the final hearing.
(9) A public entity seeking a waiver or interested entity, group, or individual who intervened in accordance with subdivision (c)(6) who is aggrieved by the final determination of the commission on the petition for a waiver may file a petition for review in the chancery court of Davidson County or, alternatively, in the county in which the memorial is located or, in the case of a memorial that is located in multiple counties, the county in which the memorial is predominantly located. A petition for review shall be filed within sixty (60) calendar days after notice of the commission's determination is posted on the website of the commission. The court shall conduct a de novo review on the record of the issues. The review shall be conducted without a presumption that the determinations and findings of the commission are correct. Additional evidence may be introduced and considered by the court.
(d) Any entity, group, or individual who can demonstrate a real interest in a memorial through aesthetic, architectural, cultural, economic, environmental, or historic injury, through petition for declaratory order, or through administrative involvement in either the waiver or complaint process, has standing to seek injunctive or other relief in chancery court of Davidson County to enforce this section. To the extent necessary to preserve the status of any memorial prior to a final determination on a waiver or complaint by the commission, administrative law judge, or chancery court, the court shall issue a restraining order or injunction to preserve the memorial and any related public property pending a final ruling on any request for injunctive relief. No bond or other security shall be required for any restraining order or other injunctive relief issued.
(e) (1) This section shall apply to any memorial in existence prior to January 1, 1970, and those lawfully created, erected, named, or dedicated on or after January 1, 1970. (2) This section shall not apply to any memorial located on public property under the control of, or acquired by, the department of transportation which may interfere with the construction, maintenance, or operation of the public transportation system. The department shall strive to ensure that any memorial is preserved to the greatest extent possible. (3) This section shall not apply to a memorial that has reached the end of its useful life and is approved for demolition by the state building commission in accordance with § 4-15-102 ; provided, that, prior to any decision to demolish a memorial designated as a national historic landmark or listed on the register of historic places, the historical commission shall make comments to the state building commission in accordance with § 4-11-111 . (4) This section shall not apply to a memorial under the control of an accredited museum when: (A) Housed within the interior of the museum, or museum storage facility, located on public property; or (B) Exhibited or displayed on public property as part of a traveling or temporary exhibition, display, or loan. (5) This section shall not apply to a memorial under the control of a public library or public archive when: (A) Housed within the interior of the library or archive, or library or archive storage facility, located on public property; or (B) Exhibited or displayed on public property as part of a traveling or temporary exhibition, display, or loan.
(1) This section shall apply to any memorial in existence prior to January 1, 1970, and those lawfully created, erected, named, or dedicated on or after January 1, 1970.
(2) This section shall not apply to any memorial located on public property under the control of, or acquired by, the department of transportation which may interfere with the construction, maintenance, or operation of the public transportation system. The department shall strive to ensure that any memorial is preserved to the greatest extent possible.
(3) This section shall not apply to a memorial that has reached the end of its useful life and is approved for demolition by the state building commission in accordance with § 4-15-102 ; provided, that, prior to any decision to demolish a memorial designated as a national historic landmark or listed on the register of historic places, the historical commission shall make comments to the state building commission in accordance with § 4-11-111 .
(4) This section shall not apply to a memorial under the control of an accredited museum when: (A) Housed within the interior of the museum, or museum storage facility, located on public property; or (B) Exhibited or displayed on public property as part of a traveling or temporary exhibition, display, or loan.
(A) Housed within the interior of the museum, or museum storage facility, located on public property; or
(B) Exhibited or displayed on public property as part of a traveling or temporary exhibition, display, or loan.
(5) This section shall not apply to a memorial under the control of a public library or public archive when: (A) Housed within the interior of the library or archive, or library or archive storage facility, located on public property; or (B) Exhibited or displayed on public property as part of a traveling or temporary exhibition, display, or loan.
(A) Housed within the interior of the library or archive, or library or archive storage facility, located on public property; or
(B) Exhibited or displayed on public property as part of a traveling or temporary exhibition, display, or loan.
(f) (1) The commission has authority to receive and consider complaints alleging violations of subdivision (b)(1), (b)(2), or (b)(3)(B). (2) Complaints may be filed by any entity, group, or individual. All complaints must be in writing on a uniform complaint form to be posted on the website of the commission. Complaints must be filed within one hundred twenty (120) calendar days of the alleged violation. (3) A hearing on a complaint must be set within one hundred twenty (120) calendar days after the complaint is filed. Multiple complaints alleging the same violation must be joined. The complainant and public entity shall be given at least thirty (30) calendar days' notice of the date of the hearing. The complainant and the public entity shall be afforded the opportunity to present evidence at the hearing. At the hearing, the commission may determine that a violation has occurred by a majority vote of the entire membership of the commission; provided, that if the complainant is a member of the commission, the member shall not participate in the commission's deliberations or vote on the complaint. If a violation has occurred, the commission shall prepare a written violation determination. The complaint shall be deemed dismissed if a violation is not determined to have occurred at the hearing. Once acted upon, no complaint alleging the same, or substantially the same, violation by the same public entity during the same episode shall be received and considered by the commission unless initiated by the commission. (4) The commission shall transmit a copy of a violation determination to the public entity and to the department of economic and community development. (5) A public entity that violates any provision of this section shall be precluded from entering into grant contracts administered by the commission and the department of economic and community development for a period of five (5) years from the date upon which a violation determination is made.
(1) The commission has authority to receive and consider complaints alleging violations of subdivision (b)(1), (b)(2), or (b)(3)(B).
(2) Complaints may be filed by any entity, group, or individual. All complaints must be in writing on a uniform complaint form to be posted on the website of the commission. Complaints must be filed within one hundred twenty (120) calendar days of the alleged violation.
(3) A hearing on a complaint must be set within one hundred twenty (120) calendar days after the complaint is filed. Multiple complaints alleging the same violation must be joined. The complainant and public entity shall be given at least thirty (30) calendar days' notice of the date of the hearing. The complainant and the public entity shall be afforded the opportunity to present evidence at the hearing. At the hearing, the commission may determine that a violation has occurred by a majority vote of the entire membership of the commission; provided, that if the complainant is a member of the commission, the member shall not participate in the commission's deliberations or vote on the complaint. If a violation has occurred, the commission shall prepare a written violation determination. The complaint shall be deemed dismissed if a violation is not determined to have occurred at the hearing. Once acted upon, no complaint alleging the same, or substantially the same, violation by the same public entity during the same episode shall be received and considered by the commission unless initiated by the commission.
(4) The commission shall transmit a copy of a violation determination to the public entity and to the department of economic and community development.
(5) A public entity that violates any provision of this section shall be precluded from entering into grant contracts administered by the commission and the department of economic and community development for a period of five (5) years from the date upon which a violation determination is made.
(g) The commission, at its discretion, may assist any public entity or historic organization with preservation of a memorial through consultation, best practices, or other available resources.
(h) Notwithstanding any provision of this section, in lieu of a waiver, a historic organization may petition the commission to transfer ownership of, relocate, or both transfer ownership of and relocate, a memorial to the historic organization with the consent of the public entity exercising control over the memorial. The petition must be filed with a copy of a resolution, ordinance, or order from the governing body of the public entity consenting to the transfer, relocation, or both transfer and relocation. The petition must include an assessment of costs associated with the transfer, relocation, or both transfer and relocation, and identify who will be responsible for the costs. If the petition includes relocation, a description or map of the proposed location must be submitted with the petition. A memorial may be relocated only to an accessible and suitable location within this state as determined by the commission. The commission may approve a petition upon a majority vote of the entire membership of the commission.
(i) The Uniform Administrative Procedures Act, compiled in chapter 5 of this title, shall apply to this section except to the extent that the provisions of this section conflict, in which case this section shall control.
(j) (1) There is created the Tennessee monuments and memorials commission. (2) The commission shall study, hear, and resolve petitions for waiver under this section. (3) (A) The membership of the commission shall consist of nine (9) members, with three (3) members appointed by the governor, three (3) members appointed by the speaker of the senate, and three (3) members appointed by the speaker of the house of representatives. (B) The executive director of the Tennessee historical commission shall serve as an ex officio non-voting member of the commission. (C) Each appointing authority shall appoint one (1) member from each grand division of the state. (D) Each appointing authority shall appoint one (1) individual to a four-year term, one (1) individual to a three-year term, and one (1) individual to a two-year term, beginning July 1, 2023. After the initial terms are served, all terms are four-year terms. (E) The members serve without compensation, but may receive reimbursement for 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. (F) Vacancies must be filled by the respective appointing authority. (4) The commission shall meet as needed with the first meeting to be called by the governor in July of 2023. At the first meeting, the commission shall elect a chair, who shall call all subsequent meetings. (5) The commission is administratively attached to the department of environment and conservation for budgeting purposes. (6) A majority of the members of the commission constitutes a quorum. All actions of the commission must be ratified by a majority vote of all members. (7) No additional staff or resources, except for travel expenses for members of the commission, are required to accomplish the intent of this subsection (j). The Tennessee historical commission shall provide all staff support required for the Tennessee monuments and memorials commission, and the executive director of the Tennessee historical commission shall serve as the executive director of the commission. (8) The commission may promulgate rules and regulations to effectuate the purposes of this section. All rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(1) There is created the Tennessee monuments and memorials commission.
(2) The commission shall study, hear, and resolve petitions for waiver under this section.
(3) (A) The membership of the commission shall consist of nine (9) members, with three (3) members appointed by the governor, three (3) members appointed by the speaker of the senate, and three (3) members appointed by the speaker of the house of representatives. (B) The executive director of the Tennessee historical commission shall serve as an ex officio non-voting member of the commission. (C) Each appointing authority shall appoint one (1) member from each grand division of the state. (D) Each appointing authority shall appoint one (1) individual to a four-year term, one (1) individual to a three-year term, and one (1) individual to a two-year term, beginning July 1, 2023. After the initial terms are served, all terms are four-year terms. (E) The members serve without compensation, but may receive reimbursement for 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. (F) Vacancies must be filled by the respective appointing authority.
(A) The membership of the commission shall consist of nine (9) members, with three (3) members appointed by the governor, three (3) members appointed by the speaker of the senate, and three (3) members appointed by the speaker of the house of representatives.
(B) The executive director of the Tennessee historical commission shall serve as an ex officio non-voting member of the commission.
(C) Each appointing authority shall appoint one (1) member from each grand division of the state.
(D) Each appointing authority shall appoint one (1) individual to a four-year term, one (1) individual to a three-year term, and one (1) individual to a two-year term, beginning July 1, 2023. After the initial terms are served, all terms are four-year terms.
(E) The members serve without compensation, but may receive reimbursement for 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.
(F) Vacancies must be filled by the respective appointing authority.
(4) The commission shall meet as needed with the first meeting to be called by the governor in July of 2023. At the first meeting, the commission shall elect a chair, who shall call all subsequent meetings.
(5) The commission is administratively attached to the department of environment and conservation for budgeting purposes.
(6) A majority of the members of the commission constitutes a quorum. All actions of the commission must be ratified by a majority vote of all members.
(7) No additional staff or resources, except for travel expenses for members of the commission, are required to accomplish the intent of this subsection (j). The Tennessee historical commission shall provide all staff support required for the Tennessee monuments and memorials commission, and the executive director of the Tennessee historical commission shall serve as the executive director of the commission.
(8) The commission may promulgate rules and regulations to effectuate the purposes of this section. All rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Amended by 2023 Tenn. Acts, ch. 434, s 2, eff. 5/11/2023.
Amended by 2023 Tenn. Acts, ch. 434, s 1, eff. 5/11/2023.
Amended by 2018 Tenn. Acts, ch. 1033, Secs.s 1, s 2, s 3, s 4, s 5, s 6, s 7, s 8, s 9 eff. 5/21/2018.
Amended by 2017 Tenn. Acts, ch. 201, Secs.s 1, s 2 eff. 4/27/2017.
Amended by 2016 Tenn. Acts, ch. 601, s 2, eff. 3/11/2016.
Added by 2013 Tenn. Acts, ch. 75, s 2, eff. 4/1/2013.
See 2023 Tenn. Acts, ch. 434, s 3.
Tenn. Code Ann. § 4-4-119 — TN Code / Title 4 / Chapter 4 / Section 4-4-119
Reserved
Status: repealed

Repealed by 2013 Tenn. Acts, ch. 243, s 2, eff. 4/19/2013. Acts 1975, ch. 135, § 1; T.C.A., § 4-419.
Repealed by 2013 Tenn. Acts, ch. 243, s 2, eff. 4/19/2013.
Acts 1975, ch. 135, § 1; T.C.A., § 4-419.
Tenn. Code Ann. § 4-49-125 — TN Code / Title 4 / Chapter 49 / Section 4-49-125
Interactive sports wagering
Status: in_force

(a) Prior to placing a wager with a licensee via interactive sports wagering, a bettor shall register with the licensee remotely and attest that the bettor meets the requirements to place a wager with a licensee in this state. Prior to verification of a bettor's identity in accordance with this section, a licensee shall not allow the bettor to engage in sports wagering, make a deposit, or process a withdrawal via interactive sports wagering. A licensee shall implement commercially and technologically reasonable procedures to prevent access to sports wagering by minors on its interactive platforms. A licensee may use information obtained from third parties to verify that a person is authorized to open an account, place wagers, and make deposits and withdrawals. (b) A licensee shall adopt a registration policy to ensure that all bettors utilizing interactive sports wagering are authorized to place a wager with a licensee within this state. The policy must include, without limitation, a mechanism by which to: (1) Verify the name and age of the registrant; (2) Verify that the registrant is not prohibited from placing a wager under § 4-49-112 ; and (3) Obtain the following information: (A) A physical address other than a post office box; (B) A phone number; (C) A unique user name; and (D) An active email account. (c) A licensee may require a bettor to provide the licensee with a signed and notarized document attesting that the bettor is qualified to engage in sports wagering under this part as part of the registration policy of the licensee. (d) A bettor shall not register more than one (1) account with a licensee, and a licensee shall use all commercially and technologically reasonable means to ensure that each bettor is limited to one (1) account. (e) A licensee, in addition to complying with state and federal law pertaining to the protection of the private, personal information of registered bettors, shall use all other commercially and technologically reasonable means to protect such information consistent with industry standards. (f) Once a bettor account is created, a bettor may only fund the account through: (1) Electronic bank transfer of funds, including such transfers through third parties; (2) Debit cards; (3) Online and mobile payment systems that support online money transfers; and (4) Any other method approved by the rule of the council that is initiated with cash. (g) (1) Each financial transaction with respect to an account between a bettor and licensee must be confirmed by email, telephone, text message, or other means agreed upon by the account holder. A licensee shall use all commercially and technologically reasonable means to independently verify the identity of the bettor making a deposit or withdrawal. (2) If a licensee determines that the information provided by a bettor to make a deposit or process a withdrawal is inaccurate or incapable of verification, or violates the policies and procedures of the licensee, the licensee shall, within ten (10) days, require the submission of additional information that can be used to verify the identity of the bettor. (3) If such information is not provided or does not result in verification of the bettor's identity, the licensee shall: (A) Immediately suspend the bettor's account and not allow the bettor to place wagers; (B) Retain any winnings attributable to the bettor; (C) Refund the balance of deposits made to the account to the source of such deposit or by issuance of a check; and (D) Deactivate the account. (h) A licensee shall utilize geo-location or geo-fencing technology to ensure that interactive sports wagering is only available to bettors who are physically located in this state. A licensee shall maintain in this state its servers used to transmit information for purposes of accepting or paying out bets or wagers on a sporting event placed by bettors located in this state. (i) A licensee shall clearly and conspicuously display on the website page a statement indicating that it is illegal for a person under twenty-one (21) years of age to engage in sports wagering in this state. (j) The council shall promulgate rules for purposes of regulating sports wagering via interactive sports wagering. Renumbered from T.C.A. s 4-51-325 by 2021 Tenn. Acts, ch. 593, s 30, eff. 1/1/2022. Added by 2019 Tenn. Acts, ch. 507, s 1, eff. 7/1/2019.
(a) Prior to placing a wager with a licensee via interactive sports wagering, a bettor shall register with the licensee remotely and attest that the bettor meets the requirements to place a wager with a licensee in this state. Prior to verification of a bettor's identity in accordance with this section, a licensee shall not allow the bettor to engage in sports wagering, make a deposit, or process a withdrawal via interactive sports wagering. A licensee shall implement commercially and technologically reasonable procedures to prevent access to sports wagering by minors on its interactive platforms. A licensee may use information obtained from third parties to verify that a person is authorized to open an account, place wagers, and make deposits and withdrawals.
(b) A licensee shall adopt a registration policy to ensure that all bettors utilizing interactive sports wagering are authorized to place a wager with a licensee within this state. The policy must include, without limitation, a mechanism by which to: (1) Verify the name and age of the registrant; (2) Verify that the registrant is not prohibited from placing a wager under § 4-49-112 ; and (3) Obtain the following information: (A) A physical address other than a post office box; (B) A phone number; (C) A unique user name; and (D) An active email account.
(1) Verify the name and age of the registrant;
(2) Verify that the registrant is not prohibited from placing a wager under § 4-49-112 ; and
(3) Obtain the following information: (A) A physical address other than a post office box; (B) A phone number; (C) A unique user name; and (D) An active email account.
(A) A physical address other than a post office box;
(B) A phone number;
(C) A unique user name; and
(D) An active email account.
(c) A licensee may require a bettor to provide the licensee with a signed and notarized document attesting that the bettor is qualified to engage in sports wagering under this part as part of the registration policy of the licensee.
(d) A bettor shall not register more than one (1) account with a licensee, and a licensee shall use all commercially and technologically reasonable means to ensure that each bettor is limited to one (1) account.
(e) A licensee, in addition to complying with state and federal law pertaining to the protection of the private, personal information of registered bettors, shall use all other commercially and technologically reasonable means to protect such information consistent with industry standards.
(f) Once a bettor account is created, a bettor may only fund the account through: (1) Electronic bank transfer of funds, including such transfers through third parties; (2) Debit cards; (3) Online and mobile payment systems that support online money transfers; and (4) Any other method approved by the rule of the council that is initiated with cash.
(1) Electronic bank transfer of funds, including such transfers through third parties;
(2) Debit cards;
(3) Online and mobile payment systems that support online money transfers; and
(4) Any other method approved by the rule of the council that is initiated with cash.
(g) (1) Each financial transaction with respect to an account between a bettor and licensee must be confirmed by email, telephone, text message, or other means agreed upon by the account holder. A licensee shall use all commercially and technologically reasonable means to independently verify the identity of the bettor making a deposit or withdrawal. (2) If a licensee determines that the information provided by a bettor to make a deposit or process a withdrawal is inaccurate or incapable of verification, or violates the policies and procedures of the licensee, the licensee shall, within ten (10) days, require the submission of additional information that can be used to verify the identity of the bettor. (3) If such information is not provided or does not result in verification of the bettor's identity, the licensee shall: (A) Immediately suspend the bettor's account and not allow the bettor to place wagers; (B) Retain any winnings attributable to the bettor; (C) Refund the balance of deposits made to the account to the source of such deposit or by issuance of a check; and (D) Deactivate the account.
(1) Each financial transaction with respect to an account between a bettor and licensee must be confirmed by email, telephone, text message, or other means agreed upon by the account holder. A licensee shall use all commercially and technologically reasonable means to independently verify the identity of the bettor making a deposit or withdrawal.
(2) If a licensee determines that the information provided by a bettor to make a deposit or process a withdrawal is inaccurate or incapable of verification, or violates the policies and procedures of the licensee, the licensee shall, within ten (10) days, require the submission of additional information that can be used to verify the identity of the bettor.
(3) If such information is not provided or does not result in verification of the bettor's identity, the licensee shall: (A) Immediately suspend the bettor's account and not allow the bettor to place wagers; (B) Retain any winnings attributable to the bettor; (C) Refund the balance of deposits made to the account to the source of such deposit or by issuance of a check; and (D) Deactivate the account.
(A) Immediately suspend the bettor's account and not allow the bettor to place wagers;
(B) Retain any winnings attributable to the bettor;
(C) Refund the balance of deposits made to the account to the source of such deposit or by issuance of a check; and
(D) Deactivate the account.
(h) A licensee shall utilize geo-location or geo-fencing technology to ensure that interactive sports wagering is only available to bettors who are physically located in this state. A licensee shall maintain in this state its servers used to transmit information for purposes of accepting or paying out bets or wagers on a sporting event placed by bettors located in this state.
(i) A licensee shall clearly and conspicuously display on the website page a statement indicating that it is illegal for a person under twenty-one (21) years of age to engage in sports wagering in this state.
(j) The council shall promulgate rules for purposes of regulating sports wagering via interactive sports wagering.
Renumbered from T.C.A. s 4-51-325 by 2021 Tenn. Acts, ch. 593, s 30, eff. 1/1/2022.
Added by 2019 Tenn. Acts, ch. 507, s 1, eff. 7/1/2019.
Tenn. Code Ann. § 4-8-205 — TN Code / Title 4 / Chapter 8 / Section 4-8-205
Car pool section parking - Eligibility - Applications
Status: in_force

(a) State employees desiring to take advantage of car pool section parking shall be required to execute a signed statement that the employee transports at least two (2) persons to and from work per day and containing the names and addresses of their regular passengers, the state department or office in which they are employed and their addresses, and their home and office telephone numbers. The statement shall also certify that regular passengers are not members of another car pool with a priority parking space. (b) The application for priority parking used in the state of Tennessee's operation car pool program by the department of general services may be used to carry out this section. (c) All state employees working in the area of the Capitol Hill complex shall be notified at least once a year of the availability of the car pool program. (d) The two (2) persons riding in the applicant's car shall all be employees of the state of Tennessee in order to qualify under § 4-8-204 and this section. Acts 1976, ch. 409, § 2; 1979, ch. 31, § 1; modified; T.C.A., § 4-812; Acts 2009, ch. 148, §§ 1, 2.
(a) State employees desiring to take advantage of car pool section parking shall be required to execute a signed statement that the employee transports at least two (2) persons to and from work per day and containing the names and addresses of their regular passengers, the state department or office in which they are employed and their addresses, and their home and office telephone numbers. The statement shall also certify that regular passengers are not members of another car pool with a priority parking space.
(b) The application for priority parking used in the state of Tennessee's operation car pool program by the department of general services may be used to carry out this section.
(c) All state employees working in the area of the Capitol Hill complex shall be notified at least once a year of the availability of the car pool program.
(d) The two (2) persons riding in the applicant's car shall all be employees of the state of Tennessee in order to qualify under § 4-8-204 and this section.
Acts 1976, ch. 409, § 2; 1979, ch. 31, § 1; modified; T.C.A., § 4-812; Acts 2009, ch. 148, §§ 1, 2.
Tenn. Code Ann. § 4-11-208 — TN Code / Title 4 / Chapter 11 / Section 4-11-208
Polk grave site - Jackson statue
Status: in_force

(a) Notwithstanding any provision of the law or of this part to the contrary, the grave site of James K. Polk shall not be relocated unless the proposed relocation is approved in advance by a duly adopted joint resolution of the general assembly. (b) Nothing contained within this part shall be construed to prohibit the transfer of any statue of Andrew Jackson, currently placed upon the grounds of the state capitol building, to the Jackson homeplace, the Hermitage. Acts 1981, ch. 54, §§ 6, 7; 1998, ch. 572, § 3; T.C.A. § 4-11-306; T.C.A. §?4-11-209.
(a) Notwithstanding any provision of the law or of this part to the contrary, the grave site of James K. Polk shall not be relocated unless the proposed relocation is approved in advance by a duly adopted joint resolution of the general assembly.
(b) Nothing contained within this part shall be construed to prohibit the transfer of any statue of Andrew Jackson, currently placed upon the grounds of the state capitol building, to the Jackson homeplace, the Hermitage.
Acts 1981, ch. 54, §§ 6, 7; 1998, ch. 572, § 3; T.C.A. § 4-11-306; T.C.A. §?4-11-209.
Tenn. Code Ann. § 4-3-205 — TN Code / Title 4 / Chapter 3 / Section 4-3-205
License, certification or registration - Notifications - Prerequisites - Website - Notifications by electronic mail
Status: in_force

(a) The department and any board, commission, committee, or other governmental entity created pursuant to titles 43 and 44 shall notify each applicant for a professional or occupational license, certification or registration from the department, 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 board, commission, committee, or other governmental entity created pursuant to titles 43 and 44 shall notify each holder of a professional or occupational license, certification or registration from the department, 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 board, commission, committee, or other governmental entity created pursuant to titles 43 and 44 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 board, commission, committee, or other governmental entity created pursuant to this title and titles 43 and 44 shall allow each holder of a professional or occupational license, certification or registration from the department, board, commission, committee, 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 board, commission, committee or other governmental entity created pursuant to this title and titles 43 and 44 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, § 6; 2012 , ch. 952, § 3.
(a) The department and any board, commission, committee, or other governmental entity created pursuant to titles 43 and 44 shall notify each applicant for a professional or occupational license, certification or registration from the department, 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 board, commission, committee, or other governmental entity created pursuant to titles 43 and 44 shall notify each holder of a professional or occupational license, certification or registration from the department, 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 board, commission, committee, or other governmental entity created pursuant to titles 43 and 44 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 board, commission, committee, or other governmental entity created pursuant to this title and titles 43 and 44 shall allow each holder of a professional or occupational license, certification or registration from the department, board, commission, committee, 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 board, commission, committee or other governmental entity created pursuant to this title and titles 43 and 44 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 board, commission, committee, or other governmental entity created pursuant to this title and titles 43 and 44 shall allow each holder of a professional or occupational license, certification or registration from the department, board, commission, committee, 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 board, commission, committee or other governmental entity created pursuant to this title and titles 43 and 44 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, § 6; 2012 , ch. 952, § 3.
Tenn. Code Ann. § 4-11-104 — TN Code / Title 4 / Chapter 11 / Section 4-11-104
Criteria for evaluation of historic sites
Status: in_force

The commission shall develop criteria for the evaluation of state historic sites and all related real and personal property that may be of such importance as would justify acquisition and ownership by this state, and it shall also develop criteria for evaluation of any such properties owned by agencies other than the state for which state aid is requested. Acts 1969, ch. 98, § 3; T.C.A., §§ 4-1112, 4-1104.
The commission shall develop criteria for the evaluation of state historic sites and all related real and personal property that may be of such importance as would justify acquisition and ownership by this state, and it shall also develop criteria for evaluation of any such properties owned by agencies other than the state for which state aid is requested.
Acts 1969, ch. 98, § 3; T.C.A., §§ 4-1112, 4-1104.
Tenn. Code Ann. § 4-5-104 — TN Code / Title 4 / Chapter 5 / Section 4-5-104
Suspension of provisions when necessary to avoid loss of federal funds
Status: in_force

(a) The governor may exempt an agency from complying with any provision of this chapter where necessary to conform to any provisions of federal law or rules and regulations as a condition to the receipt of federal granted funds provided that: (1) The governor determines that, because of a conflict between this chapter and federal law or rules and regulations, receipt of federal funds either authorized, anticipated, or appropriated is placed in jeopardy; (2) The governor determines that the alternative procedure necessary to satisfy federal funding requirements does not abrogate basic fairness; (3) The governor exempts that agency from only those provisions of the chapter compliance with which would jeopardize federal funding; (4) The governor states in detail and in writing the governor's findings under subdivisions (a)(1) and (2), the extent of the agency's exemption under subdivision (a)(3), and the alternative procedures to replace those procedures from which the agency is exempted under this section; (5) The governor files a copy of such written statement with the secretary of state; (6) The effectiveness of the exemption shall in no case be extended beyond thirty (30) days after the date of adjournment of the next session of the general assembly lasting ten (10) legislative days or longer; and that if the general assembly fails to act within such legislative session to make by law such exemption permanent, then the governor may not at a later time reinstitute the same exemption; and (7) The governor may at any time determine that the federal funding is no longer jeopardized and at such time revoke the governor's exemption of an agency from any particular provision of the chapter, which revocation shall be effective upon the governor filing a written statement to that effect with the secretary of state. (b) Such administrative latitude is intended to facilitate the operation of state government and cooperation between the state of Tennessee and the United States government and shall not be used to create job positions that are intended to exist beyond the federal funding, nor to create any program requiring the expenditure of state funds not specifically directed by the general assembly, or that are intended to exist beyond the federal funding. Acts 1974, ch. 725, § 4; 1975, ch. 370, § 10; 1978, ch. 895, §§ 1, 2; impl. am. Acts 1978, ch. 934, §§ 16, 22, 36; Acts 1978, ch. 938, § 2; 1979, ch. 43, §§ 1, 2; 1979, ch. 200, §§ 1, 2; T.C.A., § 4-510; modified; Acts 1980, ch. 550, § 1; 1980, ch. 758, § 1; 1981, ch. 42, §§ 1, 3; 1981, ch. 47, §§ 1, 4, 5; 1981, ch. 49, § 1; 1981, ch. 140, § 1; T.C.A., § 4-5-123(d); Acts 1982, ch. 874, §§ 3, 15, 21, 25, 26.
(a) The governor may exempt an agency from complying with any provision of this chapter where necessary to conform to any provisions of federal law or rules and regulations as a condition to the receipt of federal granted funds provided that: (1) The governor determines that, because of a conflict between this chapter and federal law or rules and regulations, receipt of federal funds either authorized, anticipated, or appropriated is placed in jeopardy; (2) The governor determines that the alternative procedure necessary to satisfy federal funding requirements does not abrogate basic fairness; (3) The governor exempts that agency from only those provisions of the chapter compliance with which would jeopardize federal funding; (4) The governor states in detail and in writing the governor's findings under subdivisions (a)(1) and (2), the extent of the agency's exemption under subdivision (a)(3), and the alternative procedures to replace those procedures from which the agency is exempted under this section; (5) The governor files a copy of such written statement with the secretary of state; (6) The effectiveness of the exemption shall in no case be extended beyond thirty (30) days after the date of adjournment of the next session of the general assembly lasting ten (10) legislative days or longer; and that if the general assembly fails to act within such legislative session to make by law such exemption permanent, then the governor may not at a later time reinstitute the same exemption; and (7) The governor may at any time determine that the federal funding is no longer jeopardized and at such time revoke the governor's exemption of an agency from any particular provision of the chapter, which revocation shall be effective upon the governor filing a written statement to that effect with the secretary of state.
(1) The governor determines that, because of a conflict between this chapter and federal law or rules and regulations, receipt of federal funds either authorized, anticipated, or appropriated is placed in jeopardy;
(2) The governor determines that the alternative procedure necessary to satisfy federal funding requirements does not abrogate basic fairness;
(3) The governor exempts that agency from only those provisions of the chapter compliance with which would jeopardize federal funding;
(4) The governor states in detail and in writing the governor's findings under subdivisions (a)(1) and (2), the extent of the agency's exemption under subdivision (a)(3), and the alternative procedures to replace those procedures from which the agency is exempted under this section;
(5) The governor files a copy of such written statement with the secretary of state;
(6) The effectiveness of the exemption shall in no case be extended beyond thirty (30) days after the date of adjournment of the next session of the general assembly lasting ten (10) legislative days or longer; and that if the general assembly fails to act within such legislative session to make by law such exemption permanent, then the governor may not at a later time reinstitute the same exemption; and
(7) The governor may at any time determine that the federal funding is no longer jeopardized and at such time revoke the governor's exemption of an agency from any particular provision of the chapter, which revocation shall be effective upon the governor filing a written statement to that effect with the secretary of state.
(b) Such administrative latitude is intended to facilitate the operation of state government and cooperation between the state of Tennessee and the United States government and shall not be used to create job positions that are intended to exist beyond the federal funding, nor to create any program requiring the expenditure of state funds not specifically directed by the general assembly, or that are intended to exist beyond the federal funding.
Acts 1974, ch. 725, § 4; 1975, ch. 370, § 10; 1978, ch. 895, §§ 1, 2; impl. am. Acts 1978, ch. 934, §§ 16, 22, 36; Acts 1978, ch. 938, § 2; 1979, ch. 43, §§ 1, 2; 1979, ch. 200, §§ 1, 2; T.C.A., § 4-510; modified; Acts 1980, ch. 550, § 1; 1980, ch. 758, § 1; 1981, ch. 42, §§ 1, 3; 1981, ch. 47, §§ 1, 4, 5; 1981, ch. 49, § 1; 1981, ch. 140, § 1; T.C.A., § 4-5-123(d); Acts 1982, ch. 874, §§ 3, 15, 21, 25, 26.
Tenn. Code Ann. § 4-4-114 — TN Code / Title 4 / Chapter 4 / Section 4-4-114
Reports
Status: in_force

(a) (1) The head of each administrative department, established by chapter 3 of this title, and the state treasurer, the secretary of state and the adjutant general, unless otherwise provided in this title, shall annually, on or before October 1, report in writing to the governor concerning the functions, management and financial transactions of such person's department or agency for the preceding fiscal year. (2) Such reports, or parts thereof, or summaries and digests thereof, shall be published under the supervision of the tourism division, department of tourist development, upon the direction of the governor. (b) (1) The commissioner of finance and administration shall promulgate rules and regulations governing the size, format, contents and publishing of all reports of all executive departments and agencies of the state required to make semiannual or annual reports. (2) The rules and regulations shall include a provision stipulating that there shall be no automatic distribution of reports or publications, except the distribution provided for by title 12, chapter 6, or otherwise by law or resolution enacted after May 25, 1984. (c) All executive departments and agencies of the state required to make semiannual or annual reports shall make such reports in conformity with the rules and regulations promulgated for such reports by the commissioner of finance and administration. Acts 1937, ch. 33, § 9; 1939, ch. 11, § 5; 1941, ch. 10, § 1; 1943, ch. 8, § 1; C. Supp. 1950, § 255.9; impl. am. Acts 1959, ch. 9, § 11; Acts 1965, ch. 308, § 1; 1971, ch. 66, §§1, 2; impl. am. Acts 1972, ch. 852, § 14; impl. am. Acts 1976, ch. 468, § 2; T.C.A. (orig. ed.), § 4-414; Acts 1984, ch. 798, § 1.
(a) (1) The head of each administrative department, established by chapter 3 of this title, and the state treasurer, the secretary of state and the adjutant general, unless otherwise provided in this title, shall annually, on or before October 1, report in writing to the governor concerning the functions, management and financial transactions of such person's department or agency for the preceding fiscal year. (2) Such reports, or parts thereof, or summaries and digests thereof, shall be published under the supervision of the tourism division, department of tourist development, upon the direction of the governor.
(1) The head of each administrative department, established by chapter 3 of this title, and the state treasurer, the secretary of state and the adjutant general, unless otherwise provided in this title, shall annually, on or before October 1, report in writing to the governor concerning the functions, management and financial transactions of such person's department or agency for the preceding fiscal year.
(2) Such reports, or parts thereof, or summaries and digests thereof, shall be published under the supervision of the tourism division, department of tourist development, upon the direction of the governor.
(b) (1) The commissioner of finance and administration shall promulgate rules and regulations governing the size, format, contents and publishing of all reports of all executive departments and agencies of the state required to make semiannual or annual reports. (2) The rules and regulations shall include a provision stipulating that there shall be no automatic distribution of reports or publications, except the distribution provided for by title 12, chapter 6, or otherwise by law or resolution enacted after May 25, 1984.
(1) The commissioner of finance and administration shall promulgate rules and regulations governing the size, format, contents and publishing of all reports of all executive departments and agencies of the state required to make semiannual or annual reports.
(2) The rules and regulations shall include a provision stipulating that there shall be no automatic distribution of reports or publications, except the distribution provided for by title 12, chapter 6, or otherwise by law or resolution enacted after May 25, 1984.
(c) All executive departments and agencies of the state required to make semiannual or annual reports shall make such reports in conformity with the rules and regulations promulgated for such reports by the commissioner of finance and administration.
Acts 1937, ch. 33, § 9; 1939, ch. 11, § 5; 1941, ch. 10, § 1; 1943, ch. 8, § 1; C. Supp. 1950, § 255.9; impl. am. Acts 1959, ch. 9, § 11; Acts 1965, ch. 308, § 1; 1971, ch. 66, §§1, 2; impl. am. Acts 1972, ch. 852, § 14; impl. am. Acts 1976, ch. 468, § 2; T.C.A. (orig. ed.), § 4-414; Acts 1984, ch. 798, § 1.
Tenn. Code Ann. § 4-3-1903 — TN Code / Title 4 / Chapter 3 / Section 4-3-1903
Powers and duties
Status: in_force

(a) The commissioner is vested with power to prescribe rules and regulations not inconsistent with law and prepare such forms as the commissioner may deem proper for the administration of the duties of the commissioner's office. (b) The department of revenue has the power to: (1) Administer the assessment and collection of all state taxes except those for which responsibility is expressly conferred by statute upon some other officer or agency; (2) Administer the assessment and collection of privilege taxes; (3) Receive state revenues collected by county officials and make and retain records of same; (4) Investigate the tax systems of other states, and formulate and recommend to the governor such legislation as may be deemed expedient to prevent evasion of taxes, to secure just and equitable taxation and to improve the system of taxation in the state; (5) Examine, at any and all times, the accounts of any private corporation, institution, association or board receiving appropriations from the general assembly; (6) Require a complete record of the officers, assistants and employees appointed by the commissioners of the various departments, and require the salaries of the same to be in conformity with the scale authorized; and (7) Procure from any department or agency of the state, or any of its political subdivisions, a copy of the complete record maintained by it of any convictions for violation of any criminal laws by any person who has made application to the department for employment, for the exclusive use of the department in screening the applicant to determine suitability for an appointment therein. Acts 1921, ch. 113, § 2; 1923, ch. 7, §§ 12, 19; 1923, ch. 106, § 1; Shan. Supp., §§ 373a44, 373a56, 809a8; Code 1932, §§ 269, 1478; Acts 1933, ch. 92, § 1; 1937, ch. 33, §§ 50, 51; 1937, ch. 291, § 1; 1945, ch. 57, § 1; 1947, ch. 17, § 3; C. Supp. 1950, §§ 255.50, 255.51 (Williams, §§ 255.53, 255.54, 269); modified; impl. am. Acts 1959, ch. 9, § 14; Acts 1965, ch. 5, § 1; 1965, ch. 154, § 1; 1970, ch. 500, § 2; 1970, ch. 559, § 4; 1973, ch. 151, § 1; 1973, ch. 368, § 1; 1973, ch. 373, § 1; 1977, ch. 106, § 1; 1978, ch. 531, § 1; T.C.A. (orig. ed.), §§ 4-305, 4-306; Acts 1978, ch. 599, § 1; 1980, ch. 460, § 1; T.C.A. (orig. ed.), § 67-101(1).
(a) The commissioner is vested with power to prescribe rules and regulations not inconsistent with law and prepare such forms as the commissioner may deem proper for the administration of the duties of the commissioner's office.
(b) The department of revenue has the power to: (1) Administer the assessment and collection of all state taxes except those for which responsibility is expressly conferred by statute upon some other officer or agency; (2) Administer the assessment and collection of privilege taxes; (3) Receive state revenues collected by county officials and make and retain records of same; (4) Investigate the tax systems of other states, and formulate and recommend to the governor such legislation as may be deemed expedient to prevent evasion of taxes, to secure just and equitable taxation and to improve the system of taxation in the state; (5) Examine, at any and all times, the accounts of any private corporation, institution, association or board receiving appropriations from the general assembly; (6) Require a complete record of the officers, assistants and employees appointed by the commissioners of the various departments, and require the salaries of the same to be in conformity with the scale authorized; and (7) Procure from any department or agency of the state, or any of its political subdivisions, a copy of the complete record maintained by it of any convictions for violation of any criminal laws by any person who has made application to the department for employment, for the exclusive use of the department in screening the applicant to determine suitability for an appointment therein.
(1) Administer the assessment and collection of all state taxes except those for which responsibility is expressly conferred by statute upon some other officer or agency;
(2) Administer the assessment and collection of privilege taxes;
(3) Receive state revenues collected by county officials and make and retain records of same;
(4) Investigate the tax systems of other states, and formulate and recommend to the governor such legislation as may be deemed expedient to prevent evasion of taxes, to secure just and equitable taxation and to improve the system of taxation in the state;
(5) Examine, at any and all times, the accounts of any private corporation, institution, association or board receiving appropriations from the general assembly;
(6) Require a complete record of the officers, assistants and employees appointed by the commissioners of the various departments, and require the salaries of the same to be in conformity with the scale authorized; and
(7) Procure from any department or agency of the state, or any of its political subdivisions, a copy of the complete record maintained by it of any convictions for violation of any criminal laws by any person who has made application to the department for employment, for the exclusive use of the department in screening the applicant to determine suitability for an appointment therein.
Acts 1921, ch. 113, § 2; 1923, ch. 7, §§ 12, 19; 1923, ch. 106, § 1; Shan. Supp., §§ 373a44, 373a56, 809a8; Code 1932, §§ 269, 1478; Acts 1933, ch. 92, § 1; 1937, ch. 33, §§ 50, 51; 1937, ch. 291, § 1; 1945, ch. 57, § 1; 1947, ch. 17, § 3; C. Supp. 1950, §§ 255.50, 255.51 (Williams, §§ 255.53, 255.54, 269); modified; impl. am. Acts 1959, ch. 9, § 14; Acts 1965, ch. 5, § 1; 1965, ch. 154, § 1; 1970, ch. 500, § 2; 1970, ch. 559, § 4; 1973, ch. 151, § 1; 1973, ch. 368, § 1; 1973, ch. 373, § 1; 1977, ch. 106, § 1; 1978, ch. 531, § 1; T.C.A. (orig. ed.), §§ 4-305, 4-306; Acts 1978, ch. 599, § 1; 1980, ch. 460, § 1; T.C.A. (orig. ed.), § 67-101(1).