Tenn. Code Ann. § 4-3-1304 — TN Code / Title 4 / Chapter 3 / Section 4-3-1304
Administration of regulatory boards - Notification of vacancy - Termination of regulatory board - Exemption from licensure requirements
Status: in_force

(a) Except as provided in § 68-115-103 relative to the Tennessee athletic commission, all state regulatory boards are attached to the division of regulatory boards, which is authorized to administer all the administrative functions and duties of the regulatory boards, except those discretionary regulatory duties and powers vested by law in the board members. The regulatory boards attached to the division are as follows: (1) Auctioneer commission; (2) Board for licensing general contractors; (3) Board of accountancy; (4) Board of court reporting; (5) Board of examiners for architects and engineers; (6) Board of examiners for land surveyors; (7) Board of funeral directors and embalmers; (8) Commission on firefighting personnel standards and education; (9) Motor vehicle commission; (10) Personnel recruiting services board; (11) [Deleted by 2021 amendment.] (12) Real estate commission; (13) State board of cosmetology and barber examiners; and (14) All other boards, commissions and agencies created to regulate professions, vocations and avocations in this state, except that there shall not be included the Tennessee athletic commission, the board of healing arts, the board for licensing hospitals, the stream pollution control board, the pest control board, the board of examiners for registered professional sanitarians, the board of examiners of miners or the board of law examiners. (b) Each regulatory board incurring a vacancy shall notify the appointing authority in writing within ninety (90) days after the vacancy occurs. All vacancies on the state regulatory boards attached to the division of regulatory boards shall be filled by the appointing authority within ninety (90) days of receiving written notice of the vacancy and sufficient information is provided for the appointing authority to make an informed decision in regard to filling such vacancy. If such sufficient information has been provided and such board has more than one (1) vacancy that is more than one hundred eighty (180) days in duration, such board shall report to the house of representatives and senate government operations committees why such vacancies have not been filled. (c) If more than one-half (1/2) of the positions on any state regulatory board are vacant for more than one hundred eighty (180) consecutive days, such state regulatory board shall terminate; provided, that such board shall wind up its affairs pursuant to § 4-29-112 . If a state regulatory board is terminated pursuant to this subsection (c) it shall be reviewed by the evaluation committees pursuant to the Uniform Administrative Procedures Act, compiled in chapter 5 of this title, before ceasing all its activities. Nothing in this section shall prohibit the general assembly from continuing, restructuring, or re-establishing a state regulatory board. (d) (1) As used in this subsection (d): (A) "License" means a permit, approval, registration, or certificate issued by a state agency and held by an individual person. The term "license" as used in this subsection (d) excludes licenses issued to business entities, firms, physical locations, and supervisory personnel; (B) "Member of the armed forces" means a member of the United States armed forces or a member of a reserve or Tennessee national guard unit who is in, or was called into, active service or active military service of the United States, as defined in § 58-1-102 ; and (C) "State agency" means a state board, agency, commission, or any other entity attached to the division of regulatory boards, as listed in subsection (a). (2) Notwithstanding any other exemption from licensure requirements, the following persons may engage in the practice of an occupation or profession regulated by a state agency under titles 16, 46, 55, 62, and 68 without being licensed pursuant to that title: (A) A member of the armed forces while the person is stationed within this state if: (i) The person holds a valid license to practice the regulated occupation or profession issued by another state or jurisdiction having reasonably similar standards for licensure; (ii) The license is current and the person is in good standing in the state or jurisdiction of licensure; (iii) The person agrees in writing to subject themselves to the jurisdiction of the state agency with respect to harms or violations of statutes and rules; and (iv) The person provides notice by registering with the state agency administering the profession in which the person is licensed in the other jurisdiction to practice; and (B) The spouse of a member of the armed forces while the member is stationed in this state if: (i) The spouse holds a valid license to practice the regulated occupation or profession issued by another state or jurisdiction having reasonably similar standards for licensure; (ii) The license is current and the spouse is in good standing in the state or jurisdiction of licensure; (iii) The spouse agrees in writing to subject themselves to the jurisdiction of the state agency with respect to harms or violations of statutes and rules; and (iv) The spouse provides notice by registering with the state agency administering the profession in which the person is licensed in the other jurisdiction to practice. (3) A person who holds a valid license to practice an occupation or profession in another state or jurisdiction and practices in this state pursuant to this subsection (d) must apply for the license in this state either prior to its expiration in the other state or jurisdiction or within one (1) year of the date the person began practicing in this state, whichever occurs first. (e) The commissioner and each regulatory board shall, upon application for certification or licensure, accept military education, training, or experience completed by a person toward the qualifications to receive a license or certification if such education, training, or experience is determined by the commissioner or board to be substantially equivalent to the standards of this state. (f) (1) Notwithstanding any other law to the contrary, the license, certification or permit issued by a board, commission or agency attached to the division of regulatory boards of any member of the national guard or a reserve component of the armed forces of the United States called to active duty that expires during the period of activation shall be eligible to be renewed upon the licensee being released from active duty without: (A) Payment of late fees or other penalties; (B) Obtaining continuing education credits when: (i) Circumstances associated with the person's military duty prevented the obtaining of continuing education credits and a waiver request has been submitted to the appropriate regulatory board; or (ii) The person performs the licensed or certified occupation as part of such person's military duties and provides documentation to the appropriate regulatory board; or (C) Performing any other act typically required for the renewal of the license or certification. (2) The license, certification or permit shall be eligible for renewal pursuant to subdivision (f)(1) for six (6) months from the person's release from active duty. (3) Any person described in subdivision (f)(1) shall provide the regulatory board which issued the license, permit or certification such supporting documentation evidencing activation as may be required by the regulatory board prior to the renewal of any license pursuant to this subsection (f). Amended by 2021 Tenn. Acts, ch. 294, s 10, eff. 7/1/2021. Amended by 2019 Tenn. Acts, ch. 195, s 1, eff. 7/1/2019. Amended by 2015 Tenn. Acts, ch. 355, s 1, eff. 7/1/2015. Amended by 2014 Tenn. Acts, ch. 964,s 1, eff. 7/1/2014. Amended by 2013 Tenn. Acts, ch. 122, s 2, eff. 7/1/2013. Acts 1959, ch. 9, § 15; impl. am. Acts 1967, ch. 110, § 3; impl. am. Acts 1967, ch. 184, § 1; impl. am. Acts 1967, ch. 335, § 4; impl. am. Acts 1967, ch. 207, § 3; Acts 1971, ch. 81, § 1; 1971, ch. 137, § 3; 1976, ch. 623, § 1; 1976, ch. 706, § 4; impl. am. Acts 1978, ch. 844, § 4; Acts 1978, ch. 906, § 4; 1978, ch. 924, § 1; 1979, ch. 28, § 4; T.C.A., § 4-315; Acts 1981, ch. 489, § 2; 1984, ch. 865, § 22; 1999, ch. 252, § 8(b); 2000, ch. 835, § 1; 2007 , ch. 407, § 1; 2008 , ch. 1149, §§ 4, 5; 2011 , ch. 230, § 2.
(a) Except as provided in § 68-115-103 relative to the Tennessee athletic commission, all state regulatory boards are attached to the division of regulatory boards, which is authorized to administer all the administrative functions and duties of the regulatory boards, except those discretionary regulatory duties and powers vested by law in the board members. The regulatory boards attached to the division are as follows: (1) Auctioneer commission; (2) Board for licensing general contractors; (3) Board of accountancy; (4) Board of court reporting; (5) Board of examiners for architects and engineers; (6) Board of examiners for land surveyors; (7) Board of funeral directors and embalmers; (8) Commission on firefighting personnel standards and education; (9) Motor vehicle commission; (10) Personnel recruiting services board; (11) [Deleted by 2021 amendment.] (12) Real estate commission; (13) State board of cosmetology and barber examiners; and (14) All other boards, commissions and agencies created to regulate professions, vocations and avocations in this state, except that there shall not be included the Tennessee athletic commission, the board of healing arts, the board for licensing hospitals, the stream pollution control board, the pest control board, the board of examiners for registered professional sanitarians, the board of examiners of miners or the board of law examiners.
(1) Auctioneer commission;
(2) Board for licensing general contractors;
(3) Board of accountancy;
(4) Board of court reporting;
(5) Board of examiners for architects and engineers;
(6) Board of examiners for land surveyors;
(7) Board of funeral directors and embalmers;
(8) Commission on firefighting personnel standards and education;
(9) Motor vehicle commission;
(10) Personnel recruiting services board;
(11) [Deleted by 2021 amendment.]
(12) Real estate commission;
(13) State board of cosmetology and barber examiners; and
(14) All other boards, commissions and agencies created to regulate professions, vocations and avocations in this state, except that there shall not be included the Tennessee athletic commission, the board of healing arts, the board for licensing hospitals, the stream pollution control board, the pest control board, the board of examiners for registered professional sanitarians, the board of examiners of miners or the board of law examiners.
(b) Each regulatory board incurring a vacancy shall notify the appointing authority in writing within ninety (90) days after the vacancy occurs. All vacancies on the state regulatory boards attached to the division of regulatory boards shall be filled by the appointing authority within ninety (90) days of receiving written notice of the vacancy and sufficient information is provided for the appointing authority to make an informed decision in regard to filling such vacancy. If such sufficient information has been provided and such board has more than one (1) vacancy that is more than one hundred eighty (180) days in duration, such board shall report to the house of representatives and senate government operations committees why such vacancies have not been filled.
(c) If more than one-half (1/2) of the positions on any state regulatory board are vacant for more than one hundred eighty (180) consecutive days, such state regulatory board shall terminate; provided, that such board shall wind up its affairs pursuant to § 4-29-112 . If a state regulatory board is terminated pursuant to this subsection (c) it shall be reviewed by the evaluation committees pursuant to the Uniform Administrative Procedures Act, compiled in chapter 5 of this title, before ceasing all its activities. Nothing in this section shall prohibit the general assembly from continuing, restructuring, or re-establishing a state regulatory board.
(d) (1) As used in this subsection (d): (A) "License" means a permit, approval, registration, or certificate issued by a state agency and held by an individual person. The term "license" as used in this subsection (d) excludes licenses issued to business entities, firms, physical locations, and supervisory personnel; (B) "Member of the armed forces" means a member of the United States armed forces or a member of a reserve or Tennessee national guard unit who is in, or was called into, active service or active military service of the United States, as defined in § 58-1-102 ; and (C) "State agency" means a state board, agency, commission, or any other entity attached to the division of regulatory boards, as listed in subsection (a). (2) Notwithstanding any other exemption from licensure requirements, the following persons may engage in the practice of an occupation or profession regulated by a state agency under titles 16, 46, 55, 62, and 68 without being licensed pursuant to that title: (A) A member of the armed forces while the person is stationed within this state if: (i) The person holds a valid license to practice the regulated occupation or profession issued by another state or jurisdiction having reasonably similar standards for licensure; (ii) The license is current and the person is in good standing in the state or jurisdiction of licensure; (iii) The person agrees in writing to subject themselves to the jurisdiction of the state agency with respect to harms or violations of statutes and rules; and (iv) The person provides notice by registering with the state agency administering the profession in which the person is licensed in the other jurisdiction to practice; and (B) The spouse of a member of the armed forces while the member is stationed in this state if: (i) The spouse holds a valid license to practice the regulated occupation or profession issued by another state or jurisdiction having reasonably similar standards for licensure; (ii) The license is current and the spouse is in good standing in the state or jurisdiction of licensure; (iii) The spouse agrees in writing to subject themselves to the jurisdiction of the state agency with respect to harms or violations of statutes and rules; and (iv) The spouse provides notice by registering with the state agency administering the profession in which the person is licensed in the other jurisdiction to practice. (3) A person who holds a valid license to practice an occupation or profession in another state or jurisdiction and practices in this state pursuant to this subsection (d) must apply for the license in this state either prior to its expiration in the other state or jurisdiction or within one (1) year of the date the person began practicing in this state, whichever occurs first.
(1) As used in this subsection (d): (A) "License" means a permit, approval, registration, or certificate issued by a state agency and held by an individual person. The term "license" as used in this subsection (d) excludes licenses issued to business entities, firms, physical locations, and supervisory personnel; (B) "Member of the armed forces" means a member of the United States armed forces or a member of a reserve or Tennessee national guard unit who is in, or was called into, active service or active military service of the United States, as defined in § 58-1-102 ; and (C) "State agency" means a state board, agency, commission, or any other entity attached to the division of regulatory boards, as listed in subsection (a).
(A) "License" means a permit, approval, registration, or certificate issued by a state agency and held by an individual person. The term "license" as used in this subsection (d) excludes licenses issued to business entities, firms, physical locations, and supervisory personnel;
(B) "Member of the armed forces" means a member of the United States armed forces or a member of a reserve or Tennessee national guard unit who is in, or was called into, active service or active military service of the United States, as defined in § 58-1-102 ; and
(C) "State agency" means a state board, agency, commission, or any other entity attached to the division of regulatory boards, as listed in subsection (a).
(2) Notwithstanding any other exemption from licensure requirements, the following persons may engage in the practice of an occupation or profession regulated by a state agency under titles 16, 46, 55, 62, and 68 without being licensed pursuant to that title: (A) A member of the armed forces while the person is stationed within this state if: (i) The person holds a valid license to practice the regulated occupation or profession issued by another state or jurisdiction having reasonably similar standards for licensure; (ii) The license is current and the person is in good standing in the state or jurisdiction of licensure; (iii) The person agrees in writing to subject themselves to the jurisdiction of the state agency with respect to harms or violations of statutes and rules; and (iv) The person provides notice by registering with the state agency administering the profession in which the person is licensed in the other jurisdiction to practice; and (B) The spouse of a member of the armed forces while the member is stationed in this state if: (i) The spouse holds a valid license to practice the regulated occupation or profession issued by another state or jurisdiction having reasonably similar standards for licensure; (ii) The license is current and the spouse is in good standing in the state or jurisdiction of licensure; (iii) The spouse agrees in writing to subject themselves to the jurisdiction of the state agency with respect to harms or violations of statutes and rules; and (iv) The spouse provides notice by registering with the state agency administering the profession in which the person is licensed in the other jurisdiction to practice.
(A) A member of the armed forces while the person is stationed within this state if: (i) The person holds a valid license to practice the regulated occupation or profession issued by another state or jurisdiction having reasonably similar standards for licensure; (ii) The license is current and the person is in good standing in the state or jurisdiction of licensure; (iii) The person agrees in writing to subject themselves to the jurisdiction of the state agency with respect to harms or violations of statutes and rules; and (iv) The person provides notice by registering with the state agency administering the profession in which the person is licensed in the other jurisdiction to practice; and
(i) The person holds a valid license to practice the regulated occupation or profession issued by another state or jurisdiction having reasonably similar standards for licensure;
(ii) The license is current and the person is in good standing in the state or jurisdiction of licensure;
(iii) The person agrees in writing to subject themselves to the jurisdiction of the state agency with respect to harms or violations of statutes and rules; and
(iv) The person provides notice by registering with the state agency administering the profession in which the person is licensed in the other jurisdiction to practice; and
(B) The spouse of a member of the armed forces while the member is stationed in this state if: (i) The spouse holds a valid license to practice the regulated occupation or profession issued by another state or jurisdiction having reasonably similar standards for licensure; (ii) The license is current and the spouse is in good standing in the state or jurisdiction of licensure; (iii) The spouse agrees in writing to subject themselves to the jurisdiction of the state agency with respect to harms or violations of statutes and rules; and (iv) The spouse provides notice by registering with the state agency administering the profession in which the person is licensed in the other jurisdiction to practice.
(i) The spouse holds a valid license to practice the regulated occupation or profession issued by another state or jurisdiction having reasonably similar standards for licensure;
(ii) The license is current and the spouse is in good standing in the state or jurisdiction of licensure;
(iii) The spouse agrees in writing to subject themselves to the jurisdiction of the state agency with respect to harms or violations of statutes and rules; and
(iv) The spouse provides notice by registering with the state agency administering the profession in which the person is licensed in the other jurisdiction to practice.
(3) A person who holds a valid license to practice an occupation or profession in another state or jurisdiction and practices in this state pursuant to this subsection (d) must apply for the license in this state either prior to its expiration in the other state or jurisdiction or within one (1) year of the date the person began practicing in this state, whichever occurs first.
(e) The commissioner and each regulatory board shall, upon application for certification or licensure, accept military education, training, or experience completed by a person toward the qualifications to receive a license or certification if such education, training, or experience is determined by the commissioner or board to be substantially equivalent to the standards of this state.
(f) (1) Notwithstanding any other law to the contrary, the license, certification or permit issued by a board, commission or agency attached to the division of regulatory boards of any member of the national guard or a reserve component of the armed forces of the United States called to active duty that expires during the period of activation shall be eligible to be renewed upon the licensee being released from active duty without: (A) Payment of late fees or other penalties; (B) Obtaining continuing education credits when: (i) Circumstances associated with the person's military duty prevented the obtaining of continuing education credits and a waiver request has been submitted to the appropriate regulatory board; or (ii) The person performs the licensed or certified occupation as part of such person's military duties and provides documentation to the appropriate regulatory board; or (C) Performing any other act typically required for the renewal of the license or certification. (2) The license, certification or permit shall be eligible for renewal pursuant to subdivision (f)(1) for six (6) months from the person's release from active duty. (3) Any person described in subdivision (f)(1) shall provide the regulatory board which issued the license, permit or certification such supporting documentation evidencing activation as may be required by the regulatory board prior to the renewal of any license pursuant to this subsection (f).
(1) Notwithstanding any other law to the contrary, the license, certification or permit issued by a board, commission or agency attached to the division of regulatory boards of any member of the national guard or a reserve component of the armed forces of the United States called to active duty that expires during the period of activation shall be eligible to be renewed upon the licensee being released from active duty without: (A) Payment of late fees or other penalties; (B) Obtaining continuing education credits when: (i) Circumstances associated with the person's military duty prevented the obtaining of continuing education credits and a waiver request has been submitted to the appropriate regulatory board; or (ii) The person performs the licensed or certified occupation as part of such person's military duties and provides documentation to the appropriate regulatory board; or (C) Performing any other act typically required for the renewal of the license or certification.
(A) Payment of late fees or other penalties;
(B) Obtaining continuing education credits when: (i) Circumstances associated with the person's military duty prevented the obtaining of continuing education credits and a waiver request has been submitted to the appropriate regulatory board; or (ii) The person performs the licensed or certified occupation as part of such person's military duties and provides documentation to the appropriate regulatory board; or
(i) Circumstances associated with the person's military duty prevented the obtaining of continuing education credits and a waiver request has been submitted to the appropriate regulatory board; or
(ii) The person performs the licensed or certified occupation as part of such person's military duties and provides documentation to the appropriate regulatory board; or
(C) Performing any other act typically required for the renewal of the license or certification.
(2) The license, certification or permit shall be eligible for renewal pursuant to subdivision (f)(1) for six (6) months from the person's release from active duty.
(3) Any person described in subdivision (f)(1) shall provide the regulatory board which issued the license, permit or certification such supporting documentation evidencing activation as may be required by the regulatory board prior to the renewal of any license pursuant to this subsection (f).
Amended by 2021 Tenn. Acts, ch. 294, s 10, eff. 7/1/2021.
Amended by 2019 Tenn. Acts, ch. 195, s 1, eff. 7/1/2019.
Amended by 2015 Tenn. Acts, ch. 355, s 1, eff. 7/1/2015.
Amended by 2014 Tenn. Acts, ch. 964,s 1, eff. 7/1/2014.
Amended by 2013 Tenn. Acts, ch. 122, s 2, eff. 7/1/2013.
Acts 1959, ch. 9, § 15; impl. am. Acts 1967, ch. 110, § 3; impl. am. Acts 1967, ch. 184, § 1; impl. am. Acts 1967, ch. 335, § 4; impl. am. Acts 1967, ch. 207, § 3; Acts 1971, ch. 81, § 1; 1971, ch. 137, § 3; 1976, ch. 623, § 1; 1976, ch. 706, § 4; impl. am. Acts 1978, ch. 844, § 4; Acts 1978, ch. 906, § 4; 1978, ch. 924, § 1; 1979, ch. 28, § 4; T.C.A., § 4-315; Acts 1981, ch. 489, § 2; 1984, ch. 865, § 22; 1999, ch. 252, § 8(b); 2000, ch. 835, § 1; 2007 , ch. 407, § 1; 2008 , ch. 1149, §§ 4, 5; 2011 , ch. 230, § 2.
Tenn. Code Ann. § 4-31-1007 — TN Code / Title 4 / Chapter 31 / Section 4-31-1007
Failure to remit funds
Status: in_force

(a) In the event any local government unit having entered into a loan agreement shall fail to remit funds in accordance with a loan agreement, the authority shall notify the commissioner of education who shall instruct the commissioner of finance and administration to deliver within five (5) days notice of such failure to the local government unit. (b) In the event the local government unit fails to remit the amount set forth in the notice within thirty (30) days of the receipt of the notice, the commissioner of finance and administration shall, without further authorization, withhold such sum or part of such sum from the amount pledged pursuant to § 4-31-1005(g) , for the benefit of the authority issuing bonds or notes for the purposes referred to in this part. (c) In the event there are not sufficient funds pledged pursuant to § 4-31-1005(g) still held by the commissioner of finance and administration for the local education agency to cure the deficiency in repayments to the authority, the commissioner shall transfer to the authority funds equal to the amount of the remaining payment deficiency from the general shortfall reserve subaccount of the lottery for education account as established by § 4-51-111 , subject to any limitations on the use of the subaccount established pursuant to § 4-31-1004(a) . The commissioner of education shall instruct the commissioner of finance and administration to withhold from any funds allocated to such local education agency in the future that are eligible to be pledged pursuant to § 4-31-1005(g) an amount to replenish the general shortfall reserve subaccount of the lottery for education account equal to the amount transferred to the authority. Amended by 2022 Tenn. Acts, ch. 966, s 83, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 966, s 82, eff. 7/1/2023. Acts 2003 , ch. 298, § 5.
(a) In the event any local government unit having entered into a loan agreement shall fail to remit funds in accordance with a loan agreement, the authority shall notify the commissioner of education who shall instruct the commissioner of finance and administration to deliver within five (5) days notice of such failure to the local government unit.
(b) In the event the local government unit fails to remit the amount set forth in the notice within thirty (30) days of the receipt of the notice, the commissioner of finance and administration shall, without further authorization, withhold such sum or part of such sum from the amount pledged pursuant to § 4-31-1005(g) , for the benefit of the authority issuing bonds or notes for the purposes referred to in this part.
(c) In the event there are not sufficient funds pledged pursuant to § 4-31-1005(g) still held by the commissioner of finance and administration for the local education agency to cure the deficiency in repayments to the authority, the commissioner shall transfer to the authority funds equal to the amount of the remaining payment deficiency from the general shortfall reserve subaccount of the lottery for education account as established by § 4-51-111 , subject to any limitations on the use of the subaccount established pursuant to § 4-31-1004(a) . The commissioner of education shall instruct the commissioner of finance and administration to withhold from any funds allocated to such local education agency in the future that are eligible to be pledged pursuant to § 4-31-1005(g) an amount to replenish the general shortfall reserve subaccount of the lottery for education account equal to the amount transferred to the authority.
Amended by 2022 Tenn. Acts, ch. 966, s 83, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 966, s 82, eff. 7/1/2023.
Acts 2003 , ch. 298, § 5.
Tenn. Code Ann. § 4-51-116 — TN Code / Title 4 / Chapter 51 / Section 4-51-116
Lottery retailer advisory board
Status: in_force

(a) The chair of the board of directors shall appoint a lottery retailer advisory board to be composed of twelve (12) lottery retailers, four (4) from each grand division, representing the broadest possible spectrum of geographical, racial, and business characteristics of lottery retailers. The function of the advisory board shall be to advise the board of directors on retail aspects of the lottery and to present the concerns of lottery retailers throughout the state. (b) Members appointed to the lottery retailer advisory board shall serve terms of two (2) years; provided, however, that six (6) of the initial appointees shall serve terms of one (1) year. (c) The advisory board shall establish its own rules and internal operating procedures. The advisory board may report to the board of directors or to the state and local government committee of the senate and the state government committee of the house of representatives in writing at any time. The board of directors may invite the advisory board to make an oral presentation to the board of directors at regular meetings of the board. (d) As an operating expense of the corporation, members of the advisory board shall receive a per diem not to exceed the per diem provided to members of the general assembly pursuant to § 3-1-106 , for each day's service spent in the performance of the duties and responsibilities of the advisory board. Amended by 2013 Tenn. Acts, ch. 236,s 65, eff. 4/19/2013. Acts 2003, ch. 297, § 2; 2012, ch. 925, § 16.
(a) The chair of the board of directors shall appoint a lottery retailer advisory board to be composed of twelve (12) lottery retailers, four (4) from each grand division, representing the broadest possible spectrum of geographical, racial, and business characteristics of lottery retailers. The function of the advisory board shall be to advise the board of directors on retail aspects of the lottery and to present the concerns of lottery retailers throughout the state.
(b) Members appointed to the lottery retailer advisory board shall serve terms of two (2) years; provided, however, that six (6) of the initial appointees shall serve terms of one (1) year.
(c) The advisory board shall establish its own rules and internal operating procedures. The advisory board may report to the board of directors or to the state and local government committee of the senate and the state government committee of the house of representatives in writing at any time. The board of directors may invite the advisory board to make an oral presentation to the board of directors at regular meetings of the board.
(d) As an operating expense of the corporation, members of the advisory board shall receive a per diem not to exceed the per diem provided to members of the general assembly pursuant to § 3-1-106 , for each day's service spent in the performance of the duties and responsibilities of the advisory board.
Amended by 2013 Tenn. Acts, ch. 236,s 65, eff. 4/19/2013.
Acts 2003, ch. 297, § 2; 2012, ch. 925, § 16.
Tenn. Code Ann. § 4-49-126 — TN Code / Title 4 / Chapter 49 / Section 4-49-126
Violations of part - Hearings - Administrative fines
Status: in_force

(a) The council may investigate and conduct a hearing with respect to a licensee or registrant upon information and belief that the licensee or registrant has violated this part, or upon the receipt of a credible complaint from a person that a licensee or registrant has violated this part. The council shall conduct investigations and hearings in accordance with rules adopted by the council. (b) If the council determines that a licensee or registrant has violated a provision of this part or rule of the council, the council may: (1) Suspend, revoke, or refuse to renew a license or registration; and (2) For a violation by a licensee or registrant, impose an administrative fine not to exceed twenty-five thousand dollars ($25,000) per violation. (c) Except as provided in § 4-49-127 , the council shall promulgate rules establishing a schedule of administrative fines that may be assessed in accordance with subsection (b) for each violation of this part. (d) Fines assessed under this section must be accounted for separately for use by the council in a manner consistent with rules of the council. At the end of the fiscal year, funds still available from fines assessed under this section must remain available for use by the council in a manner consistent with rules of the council and must be carried forward into each subsequent fiscal year. (e) The council may issue subpoenas to compel the attendance of witnesses and the production of relevant books, accounts, records, and documents for purposes of carrying out its duties under this part. Amended by 2023 Tenn. Acts, ch. 450, s 26, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 450, s 25, eff. 7/1/2023. Renumbered from T.C.A. s 4-51-326 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) The council may investigate and conduct a hearing with respect to a licensee or registrant upon information and belief that the licensee or registrant has violated this part, or upon the receipt of a credible complaint from a person that a licensee or registrant has violated this part. The council shall conduct investigations and hearings in accordance with rules adopted by the council.
(b) If the council determines that a licensee or registrant has violated a provision of this part or rule of the council, the council may: (1) Suspend, revoke, or refuse to renew a license or registration; and (2) For a violation by a licensee or registrant, impose an administrative fine not to exceed twenty-five thousand dollars ($25,000) per violation.
(1) Suspend, revoke, or refuse to renew a license or registration; and
(2) For a violation by a licensee or registrant, impose an administrative fine not to exceed twenty-five thousand dollars ($25,000) per violation.
(c) Except as provided in § 4-49-127 , the council shall promulgate rules establishing a schedule of administrative fines that may be assessed in accordance with subsection (b) for each violation of this part.
(d) Fines assessed under this section must be accounted for separately for use by the council in a manner consistent with rules of the council. At the end of the fiscal year, funds still available from fines assessed under this section must remain available for use by the council in a manner consistent with rules of the council and must be carried forward into each subsequent fiscal year.
(e) The council may issue subpoenas to compel the attendance of witnesses and the production of relevant books, accounts, records, and documents for purposes of carrying out its duties under this part.
Amended by 2023 Tenn. Acts, ch. 450, s 26, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 450, s 25, eff. 7/1/2023.
Renumbered from T.C.A. s 4-51-326 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. § 4-31-504 — TN Code / Title 4 / Chapter 31 / Section 4-31-504
Loans for the purchase of equipment for the use of county or volunteer fire departments by counties receiving state-shared taxes - Schedule of payments
Status: in_force

(a) For the purpose of providing moneys to fund loans authorized by this part, the authority, in addition to the powers otherwise created by law, has the power and is hereby authorized to issue from time to time negotiable bonds and notes of the authority in an amount not to exceed ten million dollars ($10,000,000) in accordance with the terms set forth in §§ 4-31-105 , 4-31-106 and 4-31-107(d) . (b) Bonds or notes issued pursuant to this part shall not be issued and sold as part of an issue of bonds or notes of the authority issued pursuant to any other provisions of this chapter or any other law; provided, that the foregoing shall not prohibit the issuance of separate issues of bonds or notes pursuant to this part. (c) In addition to the powers otherwise granted by law, the authority may make loans to a county for the acquisition of equipment for a county's public safety officers or a volunteer fire department's public safety officers pursuant to a loan agreement between the county and the authority. Such loans must be made from the proceeds of bonds or notes issued by the authority or from state appropriations for the purpose of making such loans. (d) (1) The authority shall establish a repayment schedule to be made by a county under a loan agreement. (2) Such repayments must be in amounts at least sufficient, together with other funds available therefor, to pay the principal of, and interest on: (A) Bonds and notes issued by the authority for the purpose of providing loans to counties for the purchase of public safety officer equipment, and as may be necessary for the authority to maintain a reserve for debt service; or (B) State-appropriated funds for the purpose of providing loans to counties and nonprofit entities for the purchase of public safety officer equipment. (3) The authority may collect an administrative fee in addition to such repayment schedule in an amount as may be set forth in the loan agreement. (4) At the time of approval of a loan agreement, the annual repayment schedule applicable to all approved loans to a county under this part, when combined with the annual repayment schedules applicable to approved loans to counties under title 68, chapter 221, parts 2 and 5, or another loan agreement entered into between the county and the authority pursuant to this chapter must not exceed one hundred percent (100%) of the unobligated amount of annual state-shared taxes paid to the county as shown by the latest completed audit for the state's fiscal year. (5) This subsection (d) does not require a uniform test for all loans, it being the intent of the general assembly that the authority exercise discretion based on the facts and circumstances of each loan. (6) In exercising its discretion, the authority shall take into consideration the general financial condition of the county receiving the loan. Amended by 2023 Tenn. Acts, ch. 378, s 5, eff. 5/11/2023. Amended by 2023 Tenn. Acts, ch. 378, s 4, eff. 5/11/2023. Acts 1986, ch. 846, § 14.
(a) For the purpose of providing moneys to fund loans authorized by this part, the authority, in addition to the powers otherwise created by law, has the power and is hereby authorized to issue from time to time negotiable bonds and notes of the authority in an amount not to exceed ten million dollars ($10,000,000) in accordance with the terms set forth in §§ 4-31-105 , 4-31-106 and 4-31-107(d) .
(b) Bonds or notes issued pursuant to this part shall not be issued and sold as part of an issue of bonds or notes of the authority issued pursuant to any other provisions of this chapter or any other law; provided, that the foregoing shall not prohibit the issuance of separate issues of bonds or notes pursuant to this part.
(c) In addition to the powers otherwise granted by law, the authority may make loans to a county for the acquisition of equipment for a county's public safety officers or a volunteer fire department's public safety officers pursuant to a loan agreement between the county and the authority. Such loans must be made from the proceeds of bonds or notes issued by the authority or from state appropriations for the purpose of making such loans.
(d) (1) The authority shall establish a repayment schedule to be made by a county under a loan agreement. (2) Such repayments must be in amounts at least sufficient, together with other funds available therefor, to pay the principal of, and interest on: (A) Bonds and notes issued by the authority for the purpose of providing loans to counties for the purchase of public safety officer equipment, and as may be necessary for the authority to maintain a reserve for debt service; or (B) State-appropriated funds for the purpose of providing loans to counties and nonprofit entities for the purchase of public safety officer equipment. (3) The authority may collect an administrative fee in addition to such repayment schedule in an amount as may be set forth in the loan agreement. (4) At the time of approval of a loan agreement, the annual repayment schedule applicable to all approved loans to a county under this part, when combined with the annual repayment schedules applicable to approved loans to counties under title 68, chapter 221, parts 2 and 5, or another loan agreement entered into between the county and the authority pursuant to this chapter must not exceed one hundred percent (100%) of the unobligated amount of annual state-shared taxes paid to the county as shown by the latest completed audit for the state's fiscal year. (5) This subsection (d) does not require a uniform test for all loans, it being the intent of the general assembly that the authority exercise discretion based on the facts and circumstances of each loan. (6) In exercising its discretion, the authority shall take into consideration the general financial condition of the county receiving the loan.
(1) The authority shall establish a repayment schedule to be made by a county under a loan agreement.
(2) Such repayments must be in amounts at least sufficient, together with other funds available therefor, to pay the principal of, and interest on: (A) Bonds and notes issued by the authority for the purpose of providing loans to counties for the purchase of public safety officer equipment, and as may be necessary for the authority to maintain a reserve for debt service; or (B) State-appropriated funds for the purpose of providing loans to counties and nonprofit entities for the purchase of public safety officer equipment.
(A) Bonds and notes issued by the authority for the purpose of providing loans to counties for the purchase of public safety officer equipment, and as may be necessary for the authority to maintain a reserve for debt service; or
(B) State-appropriated funds for the purpose of providing loans to counties and nonprofit entities for the purchase of public safety officer equipment.
(3) The authority may collect an administrative fee in addition to such repayment schedule in an amount as may be set forth in the loan agreement.
(4) At the time of approval of a loan agreement, the annual repayment schedule applicable to all approved loans to a county under this part, when combined with the annual repayment schedules applicable to approved loans to counties under title 68, chapter 221, parts 2 and 5, or another loan agreement entered into between the county and the authority pursuant to this chapter must not exceed one hundred percent (100%) of the unobligated amount of annual state-shared taxes paid to the county as shown by the latest completed audit for the state's fiscal year.
(5) This subsection (d) does not require a uniform test for all loans, it being the intent of the general assembly that the authority exercise discretion based on the facts and circumstances of each loan.
(6) In exercising its discretion, the authority shall take into consideration the general financial condition of the county receiving the loan.
Amended by 2023 Tenn. Acts, ch. 378, s 5, eff. 5/11/2023.
Amended by 2023 Tenn. Acts, ch. 378, s 4, eff. 5/11/2023.
Acts 1986, ch. 846, § 14.
Tenn. Code Ann. § 4-51-111 — TN Code / Title 4 / Chapter 51 / Section 4-51-111
Lottery proceeds
Status: in_force

(a) (1) All lottery proceeds shall be the property of the corporation. (2) From its lottery proceeds the corporation shall pay the operating expenses of the corporation. As nearly as practical, at least fifty percent (50%) of the amount of money from the actual sale of lottery tickets or shares shall be made available as prize money; provided that this subdivision (a)(2) shall not be deemed to create any lien, entitlement, cause of action, or other private right, and any rights of holders of tickets or shares shall be determined by the corporation in setting the terms of its lottery or lotteries. (3) As nearly as practical, for each fiscal year, net lottery proceeds shall equal at least thirty-five percent (35%) of the lottery proceeds or an amount that maximizes net lottery proceeds; provided, however, that for the first two (2) full fiscal years and any partial first fiscal year of the corporation, net lottery proceeds need only equal, as nearly as practical, thirty percent (30%) of the lottery proceeds. If, after the second full fiscal year, the corporation determines that an amount that maximizes net lottery proceeds is less than thirty-five percent (35%) of the lottery proceeds, then, immediately upon making such determination, the corporation shall file with the state funding board a statement of reasons supporting such determination and a projection of such amount. (b) (1) There is created within the state treasury a "lottery for education account." Amounts remaining in the account at the end of each fiscal year shall not revert to the general fund. Money in the account shall be invested by the state treasurer pursuant to title 9, chapter 4, part 6 for the sole benefit of the account. All earnings attributable to such investments shall be credited to the lottery for education account. (2) On or before the fifteenth day of the first month of each quarter, the corporation shall transfer to the state treasury, for credit to the lottery for education account, an amount representing an estimate of the net lottery proceeds for the immediately preceding quarter. Any additional transfers required to reconcile the amount of the net lottery proceeds transferred on the fifteenth day of the month shall be completed by the last business day of the month following the end of the quarter. Upon deposit into the state treasury, net lottery proceeds shall become the unencumbered property of the state of Tennessee and the corporation shall have no power to agree or undertake otherwise. Except as otherwise provided in subdivision (b)(3), such funds shall be expended for education programs and purposes in accordance with the Constitution of Tennessee, Article XI, § 5. (3) (A) A general shortfall reserve subaccount shall be maintained within the lottery for education account. (B) Except as provided in subdivision (b)(3)(D), the amount of the general shortfall reserve subaccount shall equal one hundred million dollars ($100,000,000). In any fiscal year, only an amount necessary to maintain the general shortfall reserve subaccount in an amount equal to one hundred million dollars ($100,000,000) shall be deposited into the subaccount. (C) If the net lottery proceeds deposited into the lottery for education account in any year, exclusive of the amount in the general shortfall reserve subaccount, are not sufficient to meet the amount appropriated for educational programs and purposes pursuant to subsection (c), the general shortfall reserve subaccount may be drawn upon to meet the deficiency; provided, however, that reserves in the account shall be used first for any shortfall in the amount appropriated to the educational scholarship program and then to any other educational programs and purposes otherwise provided by law for which net lottery proceeds may be expended. In the event it becomes necessary to draw from the general shortfall reserve subaccount in any fiscal year for educational programs and purposes, such programs and purposes shall be reviewed and shall be reduced to the amount of available net lottery proceeds, exclusive of the general shortfall reserve subaccount, estimated to be available in the next fiscal year. In the event the general shortfall reserve subaccount is drawn upon in any fiscal year, the subaccount shall be brought back to its prior level in subsequent fiscal years. Five percent (5%) of net lottery proceeds shall be deposited into the lottery for education account each quarter, until the amount of the general shortfall reserve subaccount equals one hundred million dollars ($100,000,000). Notwithstanding this subdivision (b)(3)(C) to the contrary, the program reduction and repayment provisions of this subdivision (b)(3)(C) shall not be triggered, if amounts in excess of one hundred million dollars ($100,000,000) are recommended for appropriation pursuant to subdivision (b)(3)(D). (D) In addition to the amount provided pursuant to subdivision (b)(3)(B), the funding board may recommend appropriation of funds to the general shortfall reserve subaccount if such fund is deemed inadequate. The funding board may recommend appropriation of funds from the general shortfall reserve subaccount if adequate funds are deemed to be available in the general shortfall reserve subaccount and if such funds are needed for educational programs and purposes consistent with the Constitution of Tennessee, Article XI, § 5; provided, that "adequate funds" shall not be deemed to be available if such recommended appropriation would reduce the general shortfall reserve account below one hundred million dollars ($100,000,000). (E) The comptroller of the treasury shall annually review and report to the education committee of the senate and the education administration committee of the house of representatives concerning the adequacy of the balance of the general shortfall reserve subaccount, whether payment from net lottery proceeds for educational programs authorized in the Constitution of Tennessee has been sufficient to fund the programs without drawing on the general shortfall reserve subaccount and whether triggers for replenishing or increasing the general shortfall reserve subaccount, if deemed inadequate, are sufficient. (4) A special reserve subaccount shall be maintained within the lottery for education account. The amount of the special reserve subaccount shall be equal to one percent (1%) of net lottery proceeds deposited into the lottery for education account from all deposits made to the fund from the initial deposit until the last deposit made in fiscal year 2007-2008. Transfers to the special reserve subaccount shall be made from the lottery for education account quarterly until the end of such fiscal year. The amount in the special reserve subaccount may be used to make or support loans to local government units for educational programs and purposes in accordance with the Constitution of Tennessee, Article XI, § 5 and to pay or secure debt issued for such programs and purposes as otherwise provided by law. Such amount shall supplement, not supplant, nonlottery educational resources for such programs and purposes. Notwithstanding this section to the contrary, treasurer's earnings on the special reserve subaccount shall be credited to the special reserve subaccount to be used in a manner consistent with this subdivision (b)(4). (c) (1) No later than the date in 2003 upon which the state funding board presents state revenue estimates to the governor pursuant to § 9-4-5202(e)(3) , the funding board shall establish a projected revenue range for net lottery proceeds for the remainder of the current fiscal year and the next succeeding fiscal year. No later than the date of presentation of such estimates to the governor by the state funding board in all subsequent years, the funding board shall project the revenue for net lottery proceeds for the remainder of the then current fiscal year and the next succeeding four (4) fiscal years. Such projection shall be made in the same manner as other state revenues are projected by the funding board, which figure may be adjusted prior to the enactment of the general appropriations act. In making such projections, the funding board shall recognize unusual fluctuations in lottery proceeds. In making such projections, the funding board is authorized to obtain information from those having expertise and experience in projecting revenue from the sale of lottery tickets or shares. (2) (A) (i) Before December 15, 2003, and before December 15 in each succeeding year, the Tennessee student assistance corporation shall prepare a report setting forth an estimate of the total cost of lottery related financial assistance to be provided to Tennessee citizens during the next fiscal year pursuant to title 49, chapter 4, part 9. Such report shall include the major assumptions and the methodology used in arriving at such estimate. For the report due in December 2003, the Tennessee student assistance corporation shall base its estimate of total costs on the award values established pursuant to title 49, chapter 4, part 9. For subsequent reports, the Tennessee student assistance corporation shall base its estimate of total costs on the award values in effect at the time the report is prepared. The Tennessee higher education commission, the board of trustees of the University of Tennessee system, the state board of regents, the department of education and the Tennessee independent college and universities association shall provide the Tennessee student assistance corporation with such information as is needed to prepare its report. The Tennessee student assistance corporation shall deliver its report to the governor, the funding board, the speaker of the senate, the speaker of the house of representatives, the chairs of the senate and house of representatives finance, ways and means committees, the chair of the education committee of the senate, the chair of the education administration committee of the house of representatives, the state and local government committee of the senate, the state government committee of the house of representatives, and the office of legislative budget analysis. (ii) Before December 15 of each year, the state funding board, with the assistance of the Tennessee student assistance corporation, shall project long-term funding needs of the lottery scholarship and grant programs established under title 49, chapter 4, part 9. The projections shall cover at least the four (4) fiscal years next succeeding the current fiscal year. The analysis shall be performed to determine if adjustments in lottery scholarship and grant programs should be made to prevent funding required in the future for such programs from exceeding estimates of net lottery proceeds made under subdivision (c)(1). (B) Before December 15, 2003, and before December 15 in each succeeding year, appropriate state agencies shall submit to the funding board and to the governor their recommendations for other educational programs and purposes consistent with the Constitution of Tennessee, Article XI, § 5 based on the difference between the funding board's projections and recommendations for the lottery scholarship program based on the report submitted pursuant to subdivision (c)(2)(A). In no event shall such recommendations exceed the projections of the funding board for a specific fiscal year. (3) (A) The governor shall submit to the general assembly in the annual budget document prepared pursuant to title 9, chapter 4, part 51 recommendations concerning the distributions to be made from the lottery for education account based on the projections of the funding board, including recommended appropriations by the funding board from the general shortfall reserve subaccount, if any, and any treasurer's earnings credited to the lottery for education account. (B) In a separate budget category entitled "net education lottery proceeds," the governor shall estimate the amount of net lottery proceeds and treasurer's earnings thereon to be credited to the lottery for education account during the fiscal year and the amount of unappropriated surplus estimated to be accrued in the account at the beginning of the fiscal year. The sum of estimated net lottery proceeds, treasurer's earnings thereon, and unappropriated surplus shall be designated "net education lottery proceeds." (C) In the budget document, the governor shall submit specific recommendations as to the educational programs and purposes for which appropriations should be made from the lottery for education account. Such recommendation shall include the specific value of each category of awards to be offered pursuant to title 49, chapter 4, part 9. The recommendation for each category of award shall be the value of such award as set in the previous general appropriations act unless such value, based on the estimates of the Tennessee student assistance corporation and the funding board, should be adjusted in a manner consistent with title 49, chapter 4, part 9 and this chapter. (D) The governor's recommendations as to the educational programs and purposes for which appropriations should be made in accordance with this subdivision (c)(3) shall be referred to the education committee of the senate and the education administration committee of the house of representatives for recommendation and comments prior to final action by the finance, ways and means committees of both houses on the general appropriations act. (4) The general assembly shall appropriate from the lottery for education account by specific reference to it, or by reference to "net education lottery proceeds." All appropriations to any particular budget unit shall be made together in a separate part entitled, identified, administered, and accounted for separately as a distinct budget unit for net education lottery proceeds. Such appropriations shall otherwise be made in the manner required by law for appropriations. (5) It is the intent of the general assembly that appropriations from the lottery for education account shall be allocated and expended for educational programs and purposes only in accordance with the Constitution of Tennessee, Article XI, § 5. Such net education lottery proceeds shall be used to supplement, not supplant, existing resources for educational programs and purposes. (d) Any funds appropriated, but not expended, for educational programs or purposes from the lottery for education account or from the general shortfall reserve subaccount shall not revert to the general fund at the end of the fiscal year but shall be credited, respectively, to the lottery for education account or the general shortfall reserve subaccount and retained there until allocated and appropriated as provided in subdivision (b)(3) and subsection (c). (e) In compliance with the requirement of this chapter that there shall be a separate accounting of net education lottery proceeds, no deficiency in the lottery for education account shall be replenished by book entries reducing any nonlottery reserve of general funds, including specifically, but without limitation, the reserve for revenue fluctuations or other reserve accounts established by law; nor shall any program or project started specifically from net education lottery proceeds be continued from the general fund; such programs must be adjusted or discontinued according to available net education lottery proceeds unless the general assembly by general law establishes eligibility requirements and appropriates specific other funds within the general appropriations act; nor shall any nonlottery surplus in the general fund be reduced. No surplus in the lottery for education account shall be reduced to correct any nonlottery deficiencies in sums available for general appropriations, and no surplus in the lottery for education account shall be included in any revenue or surplus calculated for setting aside any additional funds in the reserve for revenue fluctuations as provided in § 9-4-211 . (f) (1) There is created a special account in the state treasury to be known as the "after school programs special account," hereinafter referred to as the "after school account." In accordance with § 4-51-123 , one hundred percent (100%) of moneys constituting an unclaimed prize shall be deposited in the after school account at the end of each fiscal year. (2) In any fiscal year in which the financial assistance program for attendance at post-secondary educational institutions located within this state is funded pursuant to title 49, chapter 4, part 9, and excess is available from net lottery proceeds for other educational purposes and projects consistent with the Constitution of Tennessee, Article XI, § 5, then in any such fiscal year moneys in the after school account may be appropriated by the general assembly from such account pursuant to subdivision (f)(3). (3) Moneys in the after school account shall be used exclusively for after school programs consistent with the Constitution of Tennessee, Article XI, § 5. Such moneys shall supplement, not supplant, nonlottery educational resources for after school educational programs and purposes. The general assembly shall appropriate from the after school programs special account by specific reference to it, or by reference to the "after school account." Such appropriations shall otherwise be made in the manner required by law for appropriations. (4) Any reserve balance remaining unexpended at the end of a fiscal year in the after school account shall not revert to the general fund but shall be carried forward into the subsequent fiscal year. (5) Notwithstanding this section to the contrary, interest accruing on investments and deposits of the after school account shall be credited to such account, shall not revert to the general fund, and shall be carried forward into the subsequent fiscal year. (6) Moneys in the after school account shall be invested by the state treasurer in accordance with § 9-4-603 . Amended by 2021 Tenn. Acts, ch. 64, s 5, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 12, eff. 5/10/2019. Amended by 2015 Tenn. Acts, ch. 182, Secs.s 2, s 3, s 4eff. 4/17/2015. Amended by 2013 Tenn. Acts, ch. 236, s 64, eff. 4/19/2013. Acts 2003 , ch. 297, § 2; 2004, ch. 625, §1; 2004, ch. 841, § 2; 2005, ch. 417, §§ 3 - 5; 2006, ch. 940, §1; 2009 , ch. 531, §§ 60, 61; 2010 , ch. 1030, § 7; 2011 , ch. 410, § 9 (b); 2012 , ch. 896, §§ 1- 3; 2012 , ch. 925, § 14.
(a) (1) All lottery proceeds shall be the property of the corporation. (2) From its lottery proceeds the corporation shall pay the operating expenses of the corporation. As nearly as practical, at least fifty percent (50%) of the amount of money from the actual sale of lottery tickets or shares shall be made available as prize money; provided that this subdivision (a)(2) shall not be deemed to create any lien, entitlement, cause of action, or other private right, and any rights of holders of tickets or shares shall be determined by the corporation in setting the terms of its lottery or lotteries. (3) As nearly as practical, for each fiscal year, net lottery proceeds shall equal at least thirty-five percent (35%) of the lottery proceeds or an amount that maximizes net lottery proceeds; provided, however, that for the first two (2) full fiscal years and any partial first fiscal year of the corporation, net lottery proceeds need only equal, as nearly as practical, thirty percent (30%) of the lottery proceeds. If, after the second full fiscal year, the corporation determines that an amount that maximizes net lottery proceeds is less than thirty-five percent (35%) of the lottery proceeds, then, immediately upon making such determination, the corporation shall file with the state funding board a statement of reasons supporting such determination and a projection of such amount.
(1) All lottery proceeds shall be the property of the corporation.
(2) From its lottery proceeds the corporation shall pay the operating expenses of the corporation. As nearly as practical, at least fifty percent (50%) of the amount of money from the actual sale of lottery tickets or shares shall be made available as prize money; provided that this subdivision (a)(2) shall not be deemed to create any lien, entitlement, cause of action, or other private right, and any rights of holders of tickets or shares shall be determined by the corporation in setting the terms of its lottery or lotteries.
(3) As nearly as practical, for each fiscal year, net lottery proceeds shall equal at least thirty-five percent (35%) of the lottery proceeds or an amount that maximizes net lottery proceeds; provided, however, that for the first two (2) full fiscal years and any partial first fiscal year of the corporation, net lottery proceeds need only equal, as nearly as practical, thirty percent (30%) of the lottery proceeds. If, after the second full fiscal year, the corporation determines that an amount that maximizes net lottery proceeds is less than thirty-five percent (35%) of the lottery proceeds, then, immediately upon making such determination, the corporation shall file with the state funding board a statement of reasons supporting such determination and a projection of such amount.
(b) (1) There is created within the state treasury a "lottery for education account." Amounts remaining in the account at the end of each fiscal year shall not revert to the general fund. Money in the account shall be invested by the state treasurer pursuant to title 9, chapter 4, part 6 for the sole benefit of the account. All earnings attributable to such investments shall be credited to the lottery for education account. (2) On or before the fifteenth day of the first month of each quarter, the corporation shall transfer to the state treasury, for credit to the lottery for education account, an amount representing an estimate of the net lottery proceeds for the immediately preceding quarter. Any additional transfers required to reconcile the amount of the net lottery proceeds transferred on the fifteenth day of the month shall be completed by the last business day of the month following the end of the quarter. Upon deposit into the state treasury, net lottery proceeds shall become the unencumbered property of the state of Tennessee and the corporation shall have no power to agree or undertake otherwise. Except as otherwise provided in subdivision (b)(3), such funds shall be expended for education programs and purposes in accordance with the Constitution of Tennessee, Article XI, § 5. (3) (A) A general shortfall reserve subaccount shall be maintained within the lottery for education account. (B) Except as provided in subdivision (b)(3)(D), the amount of the general shortfall reserve subaccount shall equal one hundred million dollars ($100,000,000). In any fiscal year, only an amount necessary to maintain the general shortfall reserve subaccount in an amount equal to one hundred million dollars ($100,000,000) shall be deposited into the subaccount. (C) If the net lottery proceeds deposited into the lottery for education account in any year, exclusive of the amount in the general shortfall reserve subaccount, are not sufficient to meet the amount appropriated for educational programs and purposes pursuant to subsection (c), the general shortfall reserve subaccount may be drawn upon to meet the deficiency; provided, however, that reserves in the account shall be used first for any shortfall in the amount appropriated to the educational scholarship program and then to any other educational programs and purposes otherwise provided by law for which net lottery proceeds may be expended. In the event it becomes necessary to draw from the general shortfall reserve subaccount in any fiscal year for educational programs and purposes, such programs and purposes shall be reviewed and shall be reduced to the amount of available net lottery proceeds, exclusive of the general shortfall reserve subaccount, estimated to be available in the next fiscal year. In the event the general shortfall reserve subaccount is drawn upon in any fiscal year, the subaccount shall be brought back to its prior level in subsequent fiscal years. Five percent (5%) of net lottery proceeds shall be deposited into the lottery for education account each quarter, until the amount of the general shortfall reserve subaccount equals one hundred million dollars ($100,000,000). Notwithstanding this subdivision (b)(3)(C) to the contrary, the program reduction and repayment provisions of this subdivision (b)(3)(C) shall not be triggered, if amounts in excess of one hundred million dollars ($100,000,000) are recommended for appropriation pursuant to subdivision (b)(3)(D). (D) In addition to the amount provided pursuant to subdivision (b)(3)(B), the funding board may recommend appropriation of funds to the general shortfall reserve subaccount if such fund is deemed inadequate. The funding board may recommend appropriation of funds from the general shortfall reserve subaccount if adequate funds are deemed to be available in the general shortfall reserve subaccount and if such funds are needed for educational programs and purposes consistent with the Constitution of Tennessee, Article XI, § 5; provided, that "adequate funds" shall not be deemed to be available if such recommended appropriation would reduce the general shortfall reserve account below one hundred million dollars ($100,000,000). (E) The comptroller of the treasury shall annually review and report to the education committee of the senate and the education administration committee of the house of representatives concerning the adequacy of the balance of the general shortfall reserve subaccount, whether payment from net lottery proceeds for educational programs authorized in the Constitution of Tennessee has been sufficient to fund the programs without drawing on the general shortfall reserve subaccount and whether triggers for replenishing or increasing the general shortfall reserve subaccount, if deemed inadequate, are sufficient. (4) A special reserve subaccount shall be maintained within the lottery for education account. The amount of the special reserve subaccount shall be equal to one percent (1%) of net lottery proceeds deposited into the lottery for education account from all deposits made to the fund from the initial deposit until the last deposit made in fiscal year 2007-2008. Transfers to the special reserve subaccount shall be made from the lottery for education account quarterly until the end of such fiscal year. The amount in the special reserve subaccount may be used to make or support loans to local government units for educational programs and purposes in accordance with the Constitution of Tennessee, Article XI, § 5 and to pay or secure debt issued for such programs and purposes as otherwise provided by law. Such amount shall supplement, not supplant, nonlottery educational resources for such programs and purposes. Notwithstanding this section to the contrary, treasurer's earnings on the special reserve subaccount shall be credited to the special reserve subaccount to be used in a manner consistent with this subdivision (b)(4).
(1) There is created within the state treasury a "lottery for education account." Amounts remaining in the account at the end of each fiscal year shall not revert to the general fund. Money in the account shall be invested by the state treasurer pursuant to title 9, chapter 4, part 6 for the sole benefit of the account. All earnings attributable to such investments shall be credited to the lottery for education account.
(2) On or before the fifteenth day of the first month of each quarter, the corporation shall transfer to the state treasury, for credit to the lottery for education account, an amount representing an estimate of the net lottery proceeds for the immediately preceding quarter. Any additional transfers required to reconcile the amount of the net lottery proceeds transferred on the fifteenth day of the month shall be completed by the last business day of the month following the end of the quarter. Upon deposit into the state treasury, net lottery proceeds shall become the unencumbered property of the state of Tennessee and the corporation shall have no power to agree or undertake otherwise. Except as otherwise provided in subdivision (b)(3), such funds shall be expended for education programs and purposes in accordance with the Constitution of Tennessee, Article XI, § 5.
(3) (A) A general shortfall reserve subaccount shall be maintained within the lottery for education account. (B) Except as provided in subdivision (b)(3)(D), the amount of the general shortfall reserve subaccount shall equal one hundred million dollars ($100,000,000). In any fiscal year, only an amount necessary to maintain the general shortfall reserve subaccount in an amount equal to one hundred million dollars ($100,000,000) shall be deposited into the subaccount. (C) If the net lottery proceeds deposited into the lottery for education account in any year, exclusive of the amount in the general shortfall reserve subaccount, are not sufficient to meet the amount appropriated for educational programs and purposes pursuant to subsection (c), the general shortfall reserve subaccount may be drawn upon to meet the deficiency; provided, however, that reserves in the account shall be used first for any shortfall in the amount appropriated to the educational scholarship program and then to any other educational programs and purposes otherwise provided by law for which net lottery proceeds may be expended. In the event it becomes necessary to draw from the general shortfall reserve subaccount in any fiscal year for educational programs and purposes, such programs and purposes shall be reviewed and shall be reduced to the amount of available net lottery proceeds, exclusive of the general shortfall reserve subaccount, estimated to be available in the next fiscal year. In the event the general shortfall reserve subaccount is drawn upon in any fiscal year, the subaccount shall be brought back to its prior level in subsequent fiscal years. Five percent (5%) of net lottery proceeds shall be deposited into the lottery for education account each quarter, until the amount of the general shortfall reserve subaccount equals one hundred million dollars ($100,000,000). Notwithstanding this subdivision (b)(3)(C) to the contrary, the program reduction and repayment provisions of this subdivision (b)(3)(C) shall not be triggered, if amounts in excess of one hundred million dollars ($100,000,000) are recommended for appropriation pursuant to subdivision (b)(3)(D). (D) In addition to the amount provided pursuant to subdivision (b)(3)(B), the funding board may recommend appropriation of funds to the general shortfall reserve subaccount if such fund is deemed inadequate. The funding board may recommend appropriation of funds from the general shortfall reserve subaccount if adequate funds are deemed to be available in the general shortfall reserve subaccount and if such funds are needed for educational programs and purposes consistent with the Constitution of Tennessee, Article XI, § 5; provided, that "adequate funds" shall not be deemed to be available if such recommended appropriation would reduce the general shortfall reserve account below one hundred million dollars ($100,000,000). (E) The comptroller of the treasury shall annually review and report to the education committee of the senate and the education administration committee of the house of representatives concerning the adequacy of the balance of the general shortfall reserve subaccount, whether payment from net lottery proceeds for educational programs authorized in the Constitution of Tennessee has been sufficient to fund the programs without drawing on the general shortfall reserve subaccount and whether triggers for replenishing or increasing the general shortfall reserve subaccount, if deemed inadequate, are sufficient.
(A) A general shortfall reserve subaccount shall be maintained within the lottery for education account.
(B) Except as provided in subdivision (b)(3)(D), the amount of the general shortfall reserve subaccount shall equal one hundred million dollars ($100,000,000). In any fiscal year, only an amount necessary to maintain the general shortfall reserve subaccount in an amount equal to one hundred million dollars ($100,000,000) shall be deposited into the subaccount.
(C) If the net lottery proceeds deposited into the lottery for education account in any year, exclusive of the amount in the general shortfall reserve subaccount, are not sufficient to meet the amount appropriated for educational programs and purposes pursuant to subsection (c), the general shortfall reserve subaccount may be drawn upon to meet the deficiency; provided, however, that reserves in the account shall be used first for any shortfall in the amount appropriated to the educational scholarship program and then to any other educational programs and purposes otherwise provided by law for which net lottery proceeds may be expended. In the event it becomes necessary to draw from the general shortfall reserve subaccount in any fiscal year for educational programs and purposes, such programs and purposes shall be reviewed and shall be reduced to the amount of available net lottery proceeds, exclusive of the general shortfall reserve subaccount, estimated to be available in the next fiscal year. In the event the general shortfall reserve subaccount is drawn upon in any fiscal year, the subaccount shall be brought back to its prior level in subsequent fiscal years. Five percent (5%) of net lottery proceeds shall be deposited into the lottery for education account each quarter, until the amount of the general shortfall reserve subaccount equals one hundred million dollars ($100,000,000). Notwithstanding this subdivision (b)(3)(C) to the contrary, the program reduction and repayment provisions of this subdivision (b)(3)(C) shall not be triggered, if amounts in excess of one hundred million dollars ($100,000,000) are recommended for appropriation pursuant to subdivision (b)(3)(D).
(D) In addition to the amount provided pursuant to subdivision (b)(3)(B), the funding board may recommend appropriation of funds to the general shortfall reserve subaccount if such fund is deemed inadequate. The funding board may recommend appropriation of funds from the general shortfall reserve subaccount if adequate funds are deemed to be available in the general shortfall reserve subaccount and if such funds are needed for educational programs and purposes consistent with the Constitution of Tennessee, Article XI, § 5; provided, that "adequate funds" shall not be deemed to be available if such recommended appropriation would reduce the general shortfall reserve account below one hundred million dollars ($100,000,000).
(E) The comptroller of the treasury shall annually review and report to the education committee of the senate and the education administration committee of the house of representatives concerning the adequacy of the balance of the general shortfall reserve subaccount, whether payment from net lottery proceeds for educational programs authorized in the Constitution of Tennessee has been sufficient to fund the programs without drawing on the general shortfall reserve subaccount and whether triggers for replenishing or increasing the general shortfall reserve subaccount, if deemed inadequate, are sufficient.
(4) A special reserve subaccount shall be maintained within the lottery for education account. The amount of the special reserve subaccount shall be equal to one percent (1%) of net lottery proceeds deposited into the lottery for education account from all deposits made to the fund from the initial deposit until the last deposit made in fiscal year 2007-2008. Transfers to the special reserve subaccount shall be made from the lottery for education account quarterly until the end of such fiscal year. The amount in the special reserve subaccount may be used to make or support loans to local government units for educational programs and purposes in accordance with the Constitution of Tennessee, Article XI, § 5 and to pay or secure debt issued for such programs and purposes as otherwise provided by law. Such amount shall supplement, not supplant, nonlottery educational resources for such programs and purposes. Notwithstanding this section to the contrary, treasurer's earnings on the special reserve subaccount shall be credited to the special reserve subaccount to be used in a manner consistent with this subdivision (b)(4).
(c) (1) No later than the date in 2003 upon which the state funding board presents state revenue estimates to the governor pursuant to § 9-4-5202(e)(3) , the funding board shall establish a projected revenue range for net lottery proceeds for the remainder of the current fiscal year and the next succeeding fiscal year. No later than the date of presentation of such estimates to the governor by the state funding board in all subsequent years, the funding board shall project the revenue for net lottery proceeds for the remainder of the then current fiscal year and the next succeeding four (4) fiscal years. Such projection shall be made in the same manner as other state revenues are projected by the funding board, which figure may be adjusted prior to the enactment of the general appropriations act. In making such projections, the funding board shall recognize unusual fluctuations in lottery proceeds. In making such projections, the funding board is authorized to obtain information from those having expertise and experience in projecting revenue from the sale of lottery tickets or shares. (2) (A) (i) Before December 15, 2003, and before December 15 in each succeeding year, the Tennessee student assistance corporation shall prepare a report setting forth an estimate of the total cost of lottery related financial assistance to be provided to Tennessee citizens during the next fiscal year pursuant to title 49, chapter 4, part 9. Such report shall include the major assumptions and the methodology used in arriving at such estimate. For the report due in December 2003, the Tennessee student assistance corporation shall base its estimate of total costs on the award values established pursuant to title 49, chapter 4, part 9. For subsequent reports, the Tennessee student assistance corporation shall base its estimate of total costs on the award values in effect at the time the report is prepared. The Tennessee higher education commission, the board of trustees of the University of Tennessee system, the state board of regents, the department of education and the Tennessee independent college and universities association shall provide the Tennessee student assistance corporation with such information as is needed to prepare its report. The Tennessee student assistance corporation shall deliver its report to the governor, the funding board, the speaker of the senate, the speaker of the house of representatives, the chairs of the senate and house of representatives finance, ways and means committees, the chair of the education committee of the senate, the chair of the education administration committee of the house of representatives, the state and local government committee of the senate, the state government committee of the house of representatives, and the office of legislative budget analysis. (ii) Before December 15 of each year, the state funding board, with the assistance of the Tennessee student assistance corporation, shall project long-term funding needs of the lottery scholarship and grant programs established under title 49, chapter 4, part 9. The projections shall cover at least the four (4) fiscal years next succeeding the current fiscal year. The analysis shall be performed to determine if adjustments in lottery scholarship and grant programs should be made to prevent funding required in the future for such programs from exceeding estimates of net lottery proceeds made under subdivision (c)(1). (B) Before December 15, 2003, and before December 15 in each succeeding year, appropriate state agencies shall submit to the funding board and to the governor their recommendations for other educational programs and purposes consistent with the Constitution of Tennessee, Article XI, § 5 based on the difference between the funding board's projections and recommendations for the lottery scholarship program based on the report submitted pursuant to subdivision (c)(2)(A). In no event shall such recommendations exceed the projections of the funding board for a specific fiscal year. (3) (A) The governor shall submit to the general assembly in the annual budget document prepared pursuant to title 9, chapter 4, part 51 recommendations concerning the distributions to be made from the lottery for education account based on the projections of the funding board, including recommended appropriations by the funding board from the general shortfall reserve subaccount, if any, and any treasurer's earnings credited to the lottery for education account. (B) In a separate budget category entitled "net education lottery proceeds," the governor shall estimate the amount of net lottery proceeds and treasurer's earnings thereon to be credited to the lottery for education account during the fiscal year and the amount of unappropriated surplus estimated to be accrued in the account at the beginning of the fiscal year. The sum of estimated net lottery proceeds, treasurer's earnings thereon, and unappropriated surplus shall be designated "net education lottery proceeds." (C) In the budget document, the governor shall submit specific recommendations as to the educational programs and purposes for which appropriations should be made from the lottery for education account. Such recommendation shall include the specific value of each category of awards to be offered pursuant to title 49, chapter 4, part 9. The recommendation for each category of award shall be the value of such award as set in the previous general appropriations act unless such value, based on the estimates of the Tennessee student assistance corporation and the funding board, should be adjusted in a manner consistent with title 49, chapter 4, part 9 and this chapter. (D) The governor's recommendations as to the educational programs and purposes for which appropriations should be made in accordance with this subdivision (c)(3) shall be referred to the education committee of the senate and the education administration committee of the house of representatives for recommendation and comments prior to final action by the finance, ways and means committees of both houses on the general appropriations act. (4) The general assembly shall appropriate from the lottery for education account by specific reference to it, or by reference to "net education lottery proceeds." All appropriations to any particular budget unit shall be made together in a separate part entitled, identified, administered, and accounted for separately as a distinct budget unit for net education lottery proceeds. Such appropriations shall otherwise be made in the manner required by law for appropriations. (5) It is the intent of the general assembly that appropriations from the lottery for education account shall be allocated and expended for educational programs and purposes only in accordance with the Constitution of Tennessee, Article XI, § 5. Such net education lottery proceeds shall be used to supplement, not supplant, existing resources for educational programs and purposes.
(1) No later than the date in 2003 upon which the state funding board presents state revenue estimates to the governor pursuant to § 9-4-5202(e)(3) , the funding board shall establish a projected revenue range for net lottery proceeds for the remainder of the current fiscal year and the next succeeding fiscal year. No later than the date of presentation of such estimates to the governor by the state funding board in all subsequent years, the funding board shall project the revenue for net lottery proceeds for the remainder of the then current fiscal year and the next succeeding four (4) fiscal years. Such projection shall be made in the same manner as other state revenues are projected by the funding board, which figure may be adjusted prior to the enactment of the general appropriations act. In making such projections, the funding board shall recognize unusual fluctuations in lottery proceeds. In making such projections, the funding board is authorized to obtain information from those having expertise and experience in projecting revenue from the sale of lottery tickets or shares.
(2) (A) (i) Before December 15, 2003, and before December 15 in each succeeding year, the Tennessee student assistance corporation shall prepare a report setting forth an estimate of the total cost of lottery related financial assistance to be provided to Tennessee citizens during the next fiscal year pursuant to title 49, chapter 4, part 9. Such report shall include the major assumptions and the methodology used in arriving at such estimate. For the report due in December 2003, the Tennessee student assistance corporation shall base its estimate of total costs on the award values established pursuant to title 49, chapter 4, part 9. For subsequent reports, the Tennessee student assistance corporation shall base its estimate of total costs on the award values in effect at the time the report is prepared. The Tennessee higher education commission, the board of trustees of the University of Tennessee system, the state board of regents, the department of education and the Tennessee independent college and universities association shall provide the Tennessee student assistance corporation with such information as is needed to prepare its report. The Tennessee student assistance corporation shall deliver its report to the governor, the funding board, the speaker of the senate, the speaker of the house of representatives, the chairs of the senate and house of representatives finance, ways and means committees, the chair of the education committee of the senate, the chair of the education administration committee of the house of representatives, the state and local government committee of the senate, the state government committee of the house of representatives, and the office of legislative budget analysis. (ii) Before December 15 of each year, the state funding board, with the assistance of the Tennessee student assistance corporation, shall project long-term funding needs of the lottery scholarship and grant programs established under title 49, chapter 4, part 9. The projections shall cover at least the four (4) fiscal years next succeeding the current fiscal year. The analysis shall be performed to determine if adjustments in lottery scholarship and grant programs should be made to prevent funding required in the future for such programs from exceeding estimates of net lottery proceeds made under subdivision (c)(1). (B) Before December 15, 2003, and before December 15 in each succeeding year, appropriate state agencies shall submit to the funding board and to the governor their recommendations for other educational programs and purposes consistent with the Constitution of Tennessee, Article XI, § 5 based on the difference between the funding board's projections and recommendations for the lottery scholarship program based on the report submitted pursuant to subdivision (c)(2)(A). In no event shall such recommendations exceed the projections of the funding board for a specific fiscal year.
(A) (i) Before December 15, 2003, and before December 15 in each succeeding year, the Tennessee student assistance corporation shall prepare a report setting forth an estimate of the total cost of lottery related financial assistance to be provided to Tennessee citizens during the next fiscal year pursuant to title 49, chapter 4, part 9. Such report shall include the major assumptions and the methodology used in arriving at such estimate. For the report due in December 2003, the Tennessee student assistance corporation shall base its estimate of total costs on the award values established pursuant to title 49, chapter 4, part 9. For subsequent reports, the Tennessee student assistance corporation shall base its estimate of total costs on the award values in effect at the time the report is prepared. The Tennessee higher education commission, the board of trustees of the University of Tennessee system, the state board of regents, the department of education and the Tennessee independent college and universities association shall provide the Tennessee student assistance corporation with such information as is needed to prepare its report. The Tennessee student assistance corporation shall deliver its report to the governor, the funding board, the speaker of the senate, the speaker of the house of representatives, the chairs of the senate and house of representatives finance, ways and means committees, the chair of the education committee of the senate, the chair of the education administration committee of the house of representatives, the state and local government committee of the senate, the state government committee of the house of representatives, and the office of legislative budget analysis. (ii) Before December 15 of each year, the state funding board, with the assistance of the Tennessee student assistance corporation, shall project long-term funding needs of the lottery scholarship and grant programs established under title 49, chapter 4, part 9. The projections shall cover at least the four (4) fiscal years next succeeding the current fiscal year. The analysis shall be performed to determine if adjustments in lottery scholarship and grant programs should be made to prevent funding required in the future for such programs from exceeding estimates of net lottery proceeds made under subdivision (c)(1).
(i) Before December 15, 2003, and before December 15 in each succeeding year, the Tennessee student assistance corporation shall prepare a report setting forth an estimate of the total cost of lottery related financial assistance to be provided to Tennessee citizens during the next fiscal year pursuant to title 49, chapter 4, part 9. Such report shall include the major assumptions and the methodology used in arriving at such estimate. For the report due in December 2003, the Tennessee student assistance corporation shall base its estimate of total costs on the award values established pursuant to title 49, chapter 4, part 9. For subsequent reports, the Tennessee student assistance corporation shall base its estimate of total costs on the award values in effect at the time the report is prepared. The Tennessee higher education commission, the board of trustees of the University of Tennessee system, the state board of regents, the department of education and the Tennessee independent college and universities association shall provide the Tennessee student assistance corporation with such information as is needed to prepare its report. The Tennessee student assistance corporation shall deliver its report to the governor, the funding board, the speaker of the senate, the speaker of the house of representatives, the chairs of the senate and house of representatives finance, ways and means committees, the chair of the education committee of the senate, the chair of the education administration committee of the house of representatives, the state and local government committee of the senate, the state government committee of the house of representatives, and the office of legislative budget analysis.
(ii) Before December 15 of each year, the state funding board, with the assistance of the Tennessee student assistance corporation, shall project long-term funding needs of the lottery scholarship and grant programs established under title 49, chapter 4, part 9. The projections shall cover at least the four (4) fiscal years next succeeding the current fiscal year. The analysis shall be performed to determine if adjustments in lottery scholarship and grant programs should be made to prevent funding required in the future for such programs from exceeding estimates of net lottery proceeds made under subdivision (c)(1).
(B) Before December 15, 2003, and before December 15 in each succeeding year, appropriate state agencies shall submit to the funding board and to the governor their recommendations for other educational programs and purposes consistent with the Constitution of Tennessee, Article XI, § 5 based on the difference between the funding board's projections and recommendations for the lottery scholarship program based on the report submitted pursuant to subdivision (c)(2)(A). In no event shall such recommendations exceed the projections of the funding board for a specific fiscal year.
(3) (A) The governor shall submit to the general assembly in the annual budget document prepared pursuant to title 9, chapter 4, part 51 recommendations concerning the distributions to be made from the lottery for education account based on the projections of the funding board, including recommended appropriations by the funding board from the general shortfall reserve subaccount, if any, and any treasurer's earnings credited to the lottery for education account. (B) In a separate budget category entitled "net education lottery proceeds," the governor shall estimate the amount of net lottery proceeds and treasurer's earnings thereon to be credited to the lottery for education account during the fiscal year and the amount of unappropriated surplus estimated to be accrued in the account at the beginning of the fiscal year. The sum of estimated net lottery proceeds, treasurer's earnings thereon, and unappropriated surplus shall be designated "net education lottery proceeds." (C) In the budget document, the governor shall submit specific recommendations as to the educational programs and purposes for which appropriations should be made from the lottery for education account. Such recommendation shall include the specific value of each category of awards to be offered pursuant to title 49, chapter 4, part 9. The recommendation for each category of award shall be the value of such award as set in the previous general appropriations act unless such value, based on the estimates of the Tennessee student assistance corporation and the funding board, should be adjusted in a manner consistent with title 49, chapter 4, part 9 and this chapter. (D) The governor's recommendations as to the educational programs and purposes for which appropriations should be made in accordance with this subdivision (c)(3) shall be referred to the education committee of the senate and the education administration committee of the house of representatives for recommendation and comments prior to final action by the finance, ways and means committees of both houses on the general appropriations act.
(A) The governor shall submit to the general assembly in the annual budget document prepared pursuant to title 9, chapter 4, part 51 recommendations concerning the distributions to be made from the lottery for education account based on the projections of the funding board, including recommended appropriations by the funding board from the general shortfall reserve subaccount, if any, and any treasurer's earnings credited to the lottery for education account.
(B) In a separate budget category entitled "net education lottery proceeds," the governor shall estimate the amount of net lottery proceeds and treasurer's earnings thereon to be credited to the lottery for education account during the fiscal year and the amount of unappropriated surplus estimated to be accrued in the account at the beginning of the fiscal year. The sum of estimated net lottery proceeds, treasurer's earnings thereon, and unappropriated surplus shall be designated "net education lottery proceeds."
(C) In the budget document, the governor shall submit specific recommendations as to the educational programs and purposes for which appropriations should be made from the lottery for education account. Such recommendation shall include the specific value of each category of awards to be offered pursuant to title 49, chapter 4, part 9. The recommendation for each category of award shall be the value of such award as set in the previous general appropriations act unless such value, based on the estimates of the Tennessee student assistance corporation and the funding board, should be adjusted in a manner consistent with title 49, chapter 4, part 9 and this chapter.
(D) The governor's recommendations as to the educational programs and purposes for which appropriations should be made in accordance with this subdivision (c)(3) shall be referred to the education committee of the senate and the education administration committee of the house of representatives for recommendation and comments prior to final action by the finance, ways and means committees of both houses on the general appropriations act.
(4) The general assembly shall appropriate from the lottery for education account by specific reference to it, or by reference to "net education lottery proceeds." All appropriations to any particular budget unit shall be made together in a separate part entitled, identified, administered, and accounted for separately as a distinct budget unit for net education lottery proceeds. Such appropriations shall otherwise be made in the manner required by law for appropriations.
(5) It is the intent of the general assembly that appropriations from the lottery for education account shall be allocated and expended for educational programs and purposes only in accordance with the Constitution of Tennessee, Article XI, § 5. Such net education lottery proceeds shall be used to supplement, not supplant, existing resources for educational programs and purposes.
(d) Any funds appropriated, but not expended, for educational programs or purposes from the lottery for education account or from the general shortfall reserve subaccount shall not revert to the general fund at the end of the fiscal year but shall be credited, respectively, to the lottery for education account or the general shortfall reserve subaccount and retained there until allocated and appropriated as provided in subdivision (b)(3) and subsection (c).
(e) In compliance with the requirement of this chapter that there shall be a separate accounting of net education lottery proceeds, no deficiency in the lottery for education account shall be replenished by book entries reducing any nonlottery reserve of general funds, including specifically, but without limitation, the reserve for revenue fluctuations or other reserve accounts established by law; nor shall any program or project started specifically from net education lottery proceeds be continued from the general fund; such programs must be adjusted or discontinued according to available net education lottery proceeds unless the general assembly by general law establishes eligibility requirements and appropriates specific other funds within the general appropriations act; nor shall any nonlottery surplus in the general fund be reduced. No surplus in the lottery for education account shall be reduced to correct any nonlottery deficiencies in sums available for general appropriations, and no surplus in the lottery for education account shall be included in any revenue or surplus calculated for setting aside any additional funds in the reserve for revenue fluctuations as provided in § 9-4-211 .
(f) (1) There is created a special account in the state treasury to be known as the "after school programs special account," hereinafter referred to as the "after school account." In accordance with § 4-51-123 , one hundred percent (100%) of moneys constituting an unclaimed prize shall be deposited in the after school account at the end of each fiscal year. (2) In any fiscal year in which the financial assistance program for attendance at post-secondary educational institutions located within this state is funded pursuant to title 49, chapter 4, part 9, and excess is available from net lottery proceeds for other educational purposes and projects consistent with the Constitution of Tennessee, Article XI, § 5, then in any such fiscal year moneys in the after school account may be appropriated by the general assembly from such account pursuant to subdivision (f)(3). (3) Moneys in the after school account shall be used exclusively for after school programs consistent with the Constitution of Tennessee, Article XI, § 5. Such moneys shall supplement, not supplant, nonlottery educational resources for after school educational programs and purposes. The general assembly shall appropriate from the after school programs special account by specific reference to it, or by reference to the "after school account." Such appropriations shall otherwise be made in the manner required by law for appropriations. (4) Any reserve balance remaining unexpended at the end of a fiscal year in the after school account shall not revert to the general fund but shall be carried forward into the subsequent fiscal year. (5) Notwithstanding this section to the contrary, interest accruing on investments and deposits of the after school account shall be credited to such account, shall not revert to the general fund, and shall be carried forward into the subsequent fiscal year. (6) Moneys in the after school account shall be invested by the state treasurer in accordance with § 9-4-603 .
(1) There is created a special account in the state treasury to be known as the "after school programs special account," hereinafter referred to as the "after school account." In accordance with § 4-51-123 , one hundred percent (100%) of moneys constituting an unclaimed prize shall be deposited in the after school account at the end of each fiscal year.
(2) In any fiscal year in which the financial assistance program for attendance at post-secondary educational institutions located within this state is funded pursuant to title 49, chapter 4, part 9, and excess is available from net lottery proceeds for other educational purposes and projects consistent with the Constitution of Tennessee, Article XI, § 5, then in any such fiscal year moneys in the after school account may be appropriated by the general assembly from such account pursuant to subdivision (f)(3).
(3) Moneys in the after school account shall be used exclusively for after school programs consistent with the Constitution of Tennessee, Article XI, § 5. Such moneys shall supplement, not supplant, nonlottery educational resources for after school educational programs and purposes. The general assembly shall appropriate from the after school programs special account by specific reference to it, or by reference to the "after school account." Such appropriations shall otherwise be made in the manner required by law for appropriations.
(4) Any reserve balance remaining unexpended at the end of a fiscal year in the after school account shall not revert to the general fund but shall be carried forward into the subsequent fiscal year.
(5) Notwithstanding this section to the contrary, interest accruing on investments and deposits of the after school account shall be credited to such account, shall not revert to the general fund, and shall be carried forward into the subsequent fiscal year.
(6) Moneys in the after school account shall be invested by the state treasurer in accordance with § 9-4-603 .
Amended by 2021 Tenn. Acts, ch. 64, s 5, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 12, eff. 5/10/2019.
Amended by 2015 Tenn. Acts, ch. 182, Secs.s 2, s 3, s 4eff. 4/17/2015.
Amended by 2013 Tenn. Acts, ch. 236, s 64, eff. 4/19/2013.
Acts 2003 , ch. 297, § 2; 2004, ch. 625, §1; 2004, ch. 841, § 2; 2005, ch. 417, §§ 3 - 5; 2006, ch. 940, §1; 2009 , ch. 531, §§ 60, 61; 2010 , ch. 1030, § 7; 2011 , ch. 410, § 9 (b); 2012 , ch. 896, §§ 1- 3; 2012 , ch. 925, § 14.
Tenn. Code Ann. § 4-31-810 — TN Code / Title 4 / Chapter 31 / Section 4-31-810
Requirements and procedure
Status: in_force

(a) (1) The bonds and notes for claims payment shall be authorized by resolution of the authority, may be in one (1) or more series, shall bear such date or dates, and shall mature at such time or times, in the case of any such note or any renewals thereof, not exceeding eight (8) years from the date of issue of such original note, and in the case of any such bond not exceeding thirty (30) years from the date of issue, as such resolution or resolutions may provide. (2) The bonds and notes shall bear interest at such rate or rates, be in such denominations, be in such form, either coupon or registered, carry such registration privileges, be executed in such manner, be payable in such medium of payment at such place or places, and be subject to such terms of redemption as such resolution or resolutions may provide. (3) The bonds and notes may be sold at public or private sale, at such price or prices as the authority may provide. (b) Any resolution or resolutions authorizing any bonds or notes, or any series thereof, may contain the following provisions, which shall be a part of the contract with the holders thereof: (1) Pledging all or any part of the moneys that the authority is permitted by law to pledge, and securing the payment of the bonds or notes or of any series thereof, subject to such agreements with bondholders or noteholders as may then exist; (2) Creating and establishing such funds and accounts as may be deemed necessary or advisable and setting aside reserves or sinking funds and agreeing as to the maintenance, regulation and disposition thereof; (3) Limiting the issuance of additional bonds or notes, the terms upon which additional bonds or notes may be issued and secured, and the refunding of outstanding or other bonds or notes; (4) Prescribing the procedure, if any, by which the terms of any contract with bondholders or noteholders may be amended or abrogated, the amount of bonds or notes the holders of which must consent thereto, and the manner in which such consent may be given; (5) Investing in a trustee or trustees such property, rights, powers and duties in trust as the authority may determine, which may include any or all of the rights, powers and duties of the trustee appointed by the bondholders pursuant to § 4-31-106 , and limiting or abrogating the right of the bondholders to appoint a trustee or limiting the rights, powers and duties of such trustee; and (6) Setting forth any other matters, of like or different character, that in any way affect the security or protection of the bonds or notes. (c) (1) The authority, subject to such agreements with bondholders or noteholders as may then exist, shall have power to purchase bonds or notes out of any moneys available therefor at a price not exceeding the redemption price then applicable, plus accrued interest to the next interest payment date thereon, if the bonds or notes are then redeemable. (2) All bonds and notes so purchased shall be cancelled. (d) Neither the members of the authority nor any person executing the bonds or notes shall be liable personally on the bonds or notes or be subject to any personal liability or accountability by reason of the issuance thereof. (e) If any member of the authority whose signature or facsimile signature thereof shall appear on any bonds or coupons ceases to be a member of the authority before the delivery thereof, such signature or facsimile signature nevertheless shall be valid and sufficient for all purposes the same as if such member had remained a member of the authority until after such delivery. (f) (1) Any pledge made by the authority pursuant to this chapter shall be valid and binding from the time when the pledge is made, the moneys, or property so pledged and thereafter received by the authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the authority, irrespective of whether such parties have notice thereof. (2) Neither the resolution nor any other instrument by which a pledge is created need be recorded. (g) (1) The bonds and notes shall not be invalid for any irregularity or defect in the proceedings for the issuance or sale thereof. (2) Such bonds and notes shall contain a recital that they have been authorized and issued pursuant to the laws of the state, including particularly this chapter, which recital shall be conclusive evidence of their validity and the regularity of their issuance. (3) Bonds and notes of the authority shall not constitute a debt or a pledge of the faith and credit of the state or a local governmental unit, and the holders or owners of such bonds and notes shall have no right to have taxes levied by the general assembly or any local governmental unit or any other taxing authority within the state for the payment of the principal of and interest and premium, if any, on such bonds and notes, but such bonds and notes shall be payable solely from the assessments pledged for their payment. (4) All such bonds and notes shall contain on the face thereof a statement to the effect that the bonds or notes are not a debt of the state, any local governmental unit, creating or participating municipality, any other taxing authority, or any airport authority or municipal airport within the state, but are payable solely from revenues and moneys pledged to the payment thereof. (h) The refunding bonds shall be sold and the proceeds applied to the purchase, redemption or payment of the bonds to be refunded. (i) Except as may otherwise be expressly provided by the authority, each issue of its bonds or notes issued pursuant to this section shall be limited special obligations of the authority, payable solely from and secured solely by moneys derived by the authority from all or a portion of payments made pursuant to the loan agreement with the association as provided in the resolution authorizing such bonds and notes. (j) If the authority defaults in the payment of principal of and interest and premium, if any, on the bonds or notes, the determination of such default and the remedies therefor shall be governed by § 4-31-106 . Acts 1995, ch. 240, § 1.
(a) (1) The bonds and notes for claims payment shall be authorized by resolution of the authority, may be in one (1) or more series, shall bear such date or dates, and shall mature at such time or times, in the case of any such note or any renewals thereof, not exceeding eight (8) years from the date of issue of such original note, and in the case of any such bond not exceeding thirty (30) years from the date of issue, as such resolution or resolutions may provide. (2) The bonds and notes shall bear interest at such rate or rates, be in such denominations, be in such form, either coupon or registered, carry such registration privileges, be executed in such manner, be payable in such medium of payment at such place or places, and be subject to such terms of redemption as such resolution or resolutions may provide. (3) The bonds and notes may be sold at public or private sale, at such price or prices as the authority may provide.
(1) The bonds and notes for claims payment shall be authorized by resolution of the authority, may be in one (1) or more series, shall bear such date or dates, and shall mature at such time or times, in the case of any such note or any renewals thereof, not exceeding eight (8) years from the date of issue of such original note, and in the case of any such bond not exceeding thirty (30) years from the date of issue, as such resolution or resolutions may provide.
(2) The bonds and notes shall bear interest at such rate or rates, be in such denominations, be in such form, either coupon or registered, carry such registration privileges, be executed in such manner, be payable in such medium of payment at such place or places, and be subject to such terms of redemption as such resolution or resolutions may provide.
(3) The bonds and notes may be sold at public or private sale, at such price or prices as the authority may provide.
(b) Any resolution or resolutions authorizing any bonds or notes, or any series thereof, may contain the following provisions, which shall be a part of the contract with the holders thereof: (1) Pledging all or any part of the moneys that the authority is permitted by law to pledge, and securing the payment of the bonds or notes or of any series thereof, subject to such agreements with bondholders or noteholders as may then exist; (2) Creating and establishing such funds and accounts as may be deemed necessary or advisable and setting aside reserves or sinking funds and agreeing as to the maintenance, regulation and disposition thereof; (3) Limiting the issuance of additional bonds or notes, the terms upon which additional bonds or notes may be issued and secured, and the refunding of outstanding or other bonds or notes; (4) Prescribing the procedure, if any, by which the terms of any contract with bondholders or noteholders may be amended or abrogated, the amount of bonds or notes the holders of which must consent thereto, and the manner in which such consent may be given; (5) Investing in a trustee or trustees such property, rights, powers and duties in trust as the authority may determine, which may include any or all of the rights, powers and duties of the trustee appointed by the bondholders pursuant to § 4-31-106 , and limiting or abrogating the right of the bondholders to appoint a trustee or limiting the rights, powers and duties of such trustee; and (6) Setting forth any other matters, of like or different character, that in any way affect the security or protection of the bonds or notes.
(1) Pledging all or any part of the moneys that the authority is permitted by law to pledge, and securing the payment of the bonds or notes or of any series thereof, subject to such agreements with bondholders or noteholders as may then exist;
(2) Creating and establishing such funds and accounts as may be deemed necessary or advisable and setting aside reserves or sinking funds and agreeing as to the maintenance, regulation and disposition thereof;
(3) Limiting the issuance of additional bonds or notes, the terms upon which additional bonds or notes may be issued and secured, and the refunding of outstanding or other bonds or notes;
(4) Prescribing the procedure, if any, by which the terms of any contract with bondholders or noteholders may be amended or abrogated, the amount of bonds or notes the holders of which must consent thereto, and the manner in which such consent may be given;
(5) Investing in a trustee or trustees such property, rights, powers and duties in trust as the authority may determine, which may include any or all of the rights, powers and duties of the trustee appointed by the bondholders pursuant to § 4-31-106 , and limiting or abrogating the right of the bondholders to appoint a trustee or limiting the rights, powers and duties of such trustee; and
(6) Setting forth any other matters, of like or different character, that in any way affect the security or protection of the bonds or notes.
(c) (1) The authority, subject to such agreements with bondholders or noteholders as may then exist, shall have power to purchase bonds or notes out of any moneys available therefor at a price not exceeding the redemption price then applicable, plus accrued interest to the next interest payment date thereon, if the bonds or notes are then redeemable. (2) All bonds and notes so purchased shall be cancelled.
(1) The authority, subject to such agreements with bondholders or noteholders as may then exist, shall have power to purchase bonds or notes out of any moneys available therefor at a price not exceeding the redemption price then applicable, plus accrued interest to the next interest payment date thereon, if the bonds or notes are then redeemable.
(2) All bonds and notes so purchased shall be cancelled.
(d) Neither the members of the authority nor any person executing the bonds or notes shall be liable personally on the bonds or notes or be subject to any personal liability or accountability by reason of the issuance thereof.
(e) If any member of the authority whose signature or facsimile signature thereof shall appear on any bonds or coupons ceases to be a member of the authority before the delivery thereof, such signature or facsimile signature nevertheless shall be valid and sufficient for all purposes the same as if such member had remained a member of the authority until after such delivery.
(f) (1) Any pledge made by the authority pursuant to this chapter shall be valid and binding from the time when the pledge is made, the moneys, or property so pledged and thereafter received by the authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the authority, irrespective of whether such parties have notice thereof. (2) Neither the resolution nor any other instrument by which a pledge is created need be recorded.
(1) Any pledge made by the authority pursuant to this chapter shall be valid and binding from the time when the pledge is made, the moneys, or property so pledged and thereafter received by the authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the authority, irrespective of whether such parties have notice thereof.
(2) Neither the resolution nor any other instrument by which a pledge is created need be recorded.
(g) (1) The bonds and notes shall not be invalid for any irregularity or defect in the proceedings for the issuance or sale thereof. (2) Such bonds and notes shall contain a recital that they have been authorized and issued pursuant to the laws of the state, including particularly this chapter, which recital shall be conclusive evidence of their validity and the regularity of their issuance. (3) Bonds and notes of the authority shall not constitute a debt or a pledge of the faith and credit of the state or a local governmental unit, and the holders or owners of such bonds and notes shall have no right to have taxes levied by the general assembly or any local governmental unit or any other taxing authority within the state for the payment of the principal of and interest and premium, if any, on such bonds and notes, but such bonds and notes shall be payable solely from the assessments pledged for their payment. (4) All such bonds and notes shall contain on the face thereof a statement to the effect that the bonds or notes are not a debt of the state, any local governmental unit, creating or participating municipality, any other taxing authority, or any airport authority or municipal airport within the state, but are payable solely from revenues and moneys pledged to the payment thereof.
(1) The bonds and notes shall not be invalid for any irregularity or defect in the proceedings for the issuance or sale thereof.
(2) Such bonds and notes shall contain a recital that they have been authorized and issued pursuant to the laws of the state, including particularly this chapter, which recital shall be conclusive evidence of their validity and the regularity of their issuance.
(3) Bonds and notes of the authority shall not constitute a debt or a pledge of the faith and credit of the state or a local governmental unit, and the holders or owners of such bonds and notes shall have no right to have taxes levied by the general assembly or any local governmental unit or any other taxing authority within the state for the payment of the principal of and interest and premium, if any, on such bonds and notes, but such bonds and notes shall be payable solely from the assessments pledged for their payment.
(4) All such bonds and notes shall contain on the face thereof a statement to the effect that the bonds or notes are not a debt of the state, any local governmental unit, creating or participating municipality, any other taxing authority, or any airport authority or municipal airport within the state, but are payable solely from revenues and moneys pledged to the payment thereof.
(h) The refunding bonds shall be sold and the proceeds applied to the purchase, redemption or payment of the bonds to be refunded.
(i) Except as may otherwise be expressly provided by the authority, each issue of its bonds or notes issued pursuant to this section shall be limited special obligations of the authority, payable solely from and secured solely by moneys derived by the authority from all or a portion of payments made pursuant to the loan agreement with the association as provided in the resolution authorizing such bonds and notes.
(j) If the authority defaults in the payment of principal of and interest and premium, if any, on the bonds or notes, the determination of such default and the remedies therefor shall be governed by § 4-31-106 .
Acts 1995, ch. 240, § 1.
Tenn. Code Ann. § 4-21-202 — TN Code / Title 4 / Chapter 21 / Section 4-21-202
Powers and duties
Status: in_force

(a) In the enforcement of this chapter, the commission has the power and duty to: (1) Maintain offices in Shelby County, Davidson County, Knox County and Hamilton County and such other offices within the state as may be deemed necessary; (2) Meet and exercise its powers within the state; (3) Annually appoint an executive director, fix the director's compensation with the approval of the governor, and delegate any of the commission's functions and duties to the director in the interest of efficient management of the appropriations and resources of the agency. Prior to the reappointment of an executive director under this subdivision (a)(3), the commission shall conduct a comprehensive review of the executive director's performance for the preceding twelve (12) months. The commission shall develop measurable goals or benchmarks, or both, in determining whether to reappoint an executive director pursuant to the comprehensive review; (4) Promote the creation of local commissions on human rights, to cooperate with state, local and other agencies, both public and private, and individuals, and to obtain upon request and utilize the services of all governmental departments and agencies; (5) Enter into cooperative working agreements with local commissions that have enforceable ordinances, orders, or resolutions and professional staff; (6) Cooperate with the federal equal employment opportunity commission created under § 705 of the Civil Rights Act of 1964 ( 42 U.S.C. § 2000e-4 ), and with the department of housing and urban development in enforcing the Fair Housing Act of 1968 ( 42 U.S.C. § 3601 et seq.), in order to achieve the purposes of those acts, and with other federal and local agencies in order to achieve the purposes of this chapter; (7) Accept and disburse gifts and bequests, grants or other payments, public or private, to help finance its activities; (8) Accept reimbursement pursuant to § 709(b) of the Civil Rights Act of 1964 ( 42 U.S.C. § 2000e-8 ), and pursuant to § 816 of the Fair Housing Act of 1968 ( 42 U.S.C. § 3616 ), for services rendered to assist the federal equal employment opportunity commission and the department of housing and urban development; (9) Receive, initiate, investigate, seek to conciliate, hold hearings on and pass upon complaints alleging violations of this chapter; (10) Require answers to interrogatories, compel the attendance of witnesses, examine witnesses under oath or affirmation in person by deposition, and require the production of documents relevant to the complaint. The commission may make rules authorizing or designating any member or individual to exercise these powers in the performance of official duties; (11) Furnish technical assistance requested by persons subject to this chapter to further their compliance with this chapter or an order issued thereunder; (12) Make studies appropriate to effectuate the purposes and policies of this chapter and make the results thereof available to the public; (13) Render, in accordance with the rules, regulations, policies and procedures of the state publications committee, a written report. The report may contain recommendations of the commission for legislative or other action to effectuate the purposes and policies of this chapter; (14) Adopt, promulgate, amend and rescind rules and regulations to effectuate the purposes and provisions of this chapter, including regulations requiring the posting of notices prepared or approved by the commission; (15) Cooperate with community, professional, civic and religious organizations, federal agencies and agencies from other states in the development of public information programs, leadership and activities in the interest of equal opportunity and treatment of all individuals; (16) (A) Create local or statewide advisory agencies that in its judgment will aid in effectuating the purposes of this chapter. The commission may empower these agencies to: (i) Study and report on problems of discrimination because of race, creed, color, religion, sex, age or national origin; (ii) Foster through community effort or otherwise, goodwill among the groups and elements of the population of the state; and (iii) Make recommendations to the commission for the development of policies and practices that will aid in carrying out the purposes of this chapter; (B) Members of such advisory agencies shall serve without pay, but shall be reimbursed for expenses incurred in such services. The commission may make provision for technical and clerical assistance to the advisory agencies; and (17) Conduct tests of housing accommodations and availability through the use of staff, both full time and part time, and of volunteers to ascertain the availability of housing, both in sales and also in rentals of real property. (b) (1) Notwithstanding this section or a rule or policy to the contrary, an office, executive committee, local commission, advisory agency, or other entity or persons appointed by or serving at the recommendation of the commission shall not exercise more authority than the commission. (2) An office, executive committee, local commission, advisory agency, and other entity or person appointed by or serving at the recommendation of the commission shall transmit copies, records, information, and other material obtained by such entities to the commission within five (5) business days of receipt. Amended by 2022 Tenn. Acts, ch. 1127, Secs.s2, s3 eff. 6/1/2022. Acts 1978, ch. 748, § 6; 1979, ch. 422, § 25; T.C.A., § 4-2104; Acts 1980, ch. 732, § 5; 1984, ch. 1007, § 3; T.C.A., § 4-21-104; Acts 1989, ch. 6, § 3; 1990, ch. 1024, § 9; 1992, ch. 1027, § 2; 1996, ch. 1034, §§ 2, 3.
(a) In the enforcement of this chapter, the commission has the power and duty to: (1) Maintain offices in Shelby County, Davidson County, Knox County and Hamilton County and such other offices within the state as may be deemed necessary; (2) Meet and exercise its powers within the state; (3) Annually appoint an executive director, fix the director's compensation with the approval of the governor, and delegate any of the commission's functions and duties to the director in the interest of efficient management of the appropriations and resources of the agency. Prior to the reappointment of an executive director under this subdivision (a)(3), the commission shall conduct a comprehensive review of the executive director's performance for the preceding twelve (12) months. The commission shall develop measurable goals or benchmarks, or both, in determining whether to reappoint an executive director pursuant to the comprehensive review; (4) Promote the creation of local commissions on human rights, to cooperate with state, local and other agencies, both public and private, and individuals, and to obtain upon request and utilize the services of all governmental departments and agencies; (5) Enter into cooperative working agreements with local commissions that have enforceable ordinances, orders, or resolutions and professional staff; (6) Cooperate with the federal equal employment opportunity commission created under § 705 of the Civil Rights Act of 1964 ( 42 U.S.C. § 2000e-4 ), and with the department of housing and urban development in enforcing the Fair Housing Act of 1968 ( 42 U.S.C. § 3601 et seq.), in order to achieve the purposes of those acts, and with other federal and local agencies in order to achieve the purposes of this chapter; (7) Accept and disburse gifts and bequests, grants or other payments, public or private, to help finance its activities; (8) Accept reimbursement pursuant to § 709(b) of the Civil Rights Act of 1964 ( 42 U.S.C. § 2000e-8 ), and pursuant to § 816 of the Fair Housing Act of 1968 ( 42 U.S.C. § 3616 ), for services rendered to assist the federal equal employment opportunity commission and the department of housing and urban development; (9) Receive, initiate, investigate, seek to conciliate, hold hearings on and pass upon complaints alleging violations of this chapter; (10) Require answers to interrogatories, compel the attendance of witnesses, examine witnesses under oath or affirmation in person by deposition, and require the production of documents relevant to the complaint. The commission may make rules authorizing or designating any member or individual to exercise these powers in the performance of official duties; (11) Furnish technical assistance requested by persons subject to this chapter to further their compliance with this chapter or an order issued thereunder; (12) Make studies appropriate to effectuate the purposes and policies of this chapter and make the results thereof available to the public; (13) Render, in accordance with the rules, regulations, policies and procedures of the state publications committee, a written report. The report may contain recommendations of the commission for legislative or other action to effectuate the purposes and policies of this chapter; (14) Adopt, promulgate, amend and rescind rules and regulations to effectuate the purposes and provisions of this chapter, including regulations requiring the posting of notices prepared or approved by the commission; (15) Cooperate with community, professional, civic and religious organizations, federal agencies and agencies from other states in the development of public information programs, leadership and activities in the interest of equal opportunity and treatment of all individuals; (16) (A) Create local or statewide advisory agencies that in its judgment will aid in effectuating the purposes of this chapter. The commission may empower these agencies to: (i) Study and report on problems of discrimination because of race, creed, color, religion, sex, age or national origin; (ii) Foster through community effort or otherwise, goodwill among the groups and elements of the population of the state; and (iii) Make recommendations to the commission for the development of policies and practices that will aid in carrying out the purposes of this chapter; (B) Members of such advisory agencies shall serve without pay, but shall be reimbursed for expenses incurred in such services. The commission may make provision for technical and clerical assistance to the advisory agencies; and (17) Conduct tests of housing accommodations and availability through the use of staff, both full time and part time, and of volunteers to ascertain the availability of housing, both in sales and also in rentals of real property.
(1) Maintain offices in Shelby County, Davidson County, Knox County and Hamilton County and such other offices within the state as may be deemed necessary;
(2) Meet and exercise its powers within the state;
(3) Annually appoint an executive director, fix the director's compensation with the approval of the governor, and delegate any of the commission's functions and duties to the director in the interest of efficient management of the appropriations and resources of the agency. Prior to the reappointment of an executive director under this subdivision (a)(3), the commission shall conduct a comprehensive review of the executive director's performance for the preceding twelve (12) months. The commission shall develop measurable goals or benchmarks, or both, in determining whether to reappoint an executive director pursuant to the comprehensive review;
(4) Promote the creation of local commissions on human rights, to cooperate with state, local and other agencies, both public and private, and individuals, and to obtain upon request and utilize the services of all governmental departments and agencies;
(5) Enter into cooperative working agreements with local commissions that have enforceable ordinances, orders, or resolutions and professional staff;
(6) Cooperate with the federal equal employment opportunity commission created under § 705 of the Civil Rights Act of 1964 ( 42 U.S.C. § 2000e-4 ), and with the department of housing and urban development in enforcing the Fair Housing Act of 1968 ( 42 U.S.C. § 3601 et seq.), in order to achieve the purposes of those acts, and with other federal and local agencies in order to achieve the purposes of this chapter;
(7) Accept and disburse gifts and bequests, grants or other payments, public or private, to help finance its activities;
(8) Accept reimbursement pursuant to § 709(b) of the Civil Rights Act of 1964 ( 42 U.S.C. § 2000e-8 ), and pursuant to § 816 of the Fair Housing Act of 1968 ( 42 U.S.C. § 3616 ), for services rendered to assist the federal equal employment opportunity commission and the department of housing and urban development;
(9) Receive, initiate, investigate, seek to conciliate, hold hearings on and pass upon complaints alleging violations of this chapter;
(10) Require answers to interrogatories, compel the attendance of witnesses, examine witnesses under oath or affirmation in person by deposition, and require the production of documents relevant to the complaint. The commission may make rules authorizing or designating any member or individual to exercise these powers in the performance of official duties;
(11) Furnish technical assistance requested by persons subject to this chapter to further their compliance with this chapter or an order issued thereunder;
(12) Make studies appropriate to effectuate the purposes and policies of this chapter and make the results thereof available to the public;
(13) Render, in accordance with the rules, regulations, policies and procedures of the state publications committee, a written report. The report may contain recommendations of the commission for legislative or other action to effectuate the purposes and policies of this chapter;
(14) Adopt, promulgate, amend and rescind rules and regulations to effectuate the purposes and provisions of this chapter, including regulations requiring the posting of notices prepared or approved by the commission;
(15) Cooperate with community, professional, civic and religious organizations, federal agencies and agencies from other states in the development of public information programs, leadership and activities in the interest of equal opportunity and treatment of all individuals;
(16) (A) Create local or statewide advisory agencies that in its judgment will aid in effectuating the purposes of this chapter. The commission may empower these agencies to: (i) Study and report on problems of discrimination because of race, creed, color, religion, sex, age or national origin; (ii) Foster through community effort or otherwise, goodwill among the groups and elements of the population of the state; and (iii) Make recommendations to the commission for the development of policies and practices that will aid in carrying out the purposes of this chapter; (B) Members of such advisory agencies shall serve without pay, but shall be reimbursed for expenses incurred in such services. The commission may make provision for technical and clerical assistance to the advisory agencies; and
(A) Create local or statewide advisory agencies that in its judgment will aid in effectuating the purposes of this chapter. The commission may empower these agencies to: (i) Study and report on problems of discrimination because of race, creed, color, religion, sex, age or national origin; (ii) Foster through community effort or otherwise, goodwill among the groups and elements of the population of the state; and (iii) Make recommendations to the commission for the development of policies and practices that will aid in carrying out the purposes of this chapter;
(i) Study and report on problems of discrimination because of race, creed, color, religion, sex, age or national origin;
(ii) Foster through community effort or otherwise, goodwill among the groups and elements of the population of the state; and
(iii) Make recommendations to the commission for the development of policies and practices that will aid in carrying out the purposes of this chapter;
(B) Members of such advisory agencies shall serve without pay, but shall be reimbursed for expenses incurred in such services. The commission may make provision for technical and clerical assistance to the advisory agencies; and
(17) Conduct tests of housing accommodations and availability through the use of staff, both full time and part time, and of volunteers to ascertain the availability of housing, both in sales and also in rentals of real property.
(b) (1) Notwithstanding this section or a rule or policy to the contrary, an office, executive committee, local commission, advisory agency, or other entity or persons appointed by or serving at the recommendation of the commission shall not exercise more authority than the commission. (2) An office, executive committee, local commission, advisory agency, and other entity or person appointed by or serving at the recommendation of the commission shall transmit copies, records, information, and other material obtained by such entities to the commission within five (5) business days of receipt.
(1) Notwithstanding this section or a rule or policy to the contrary, an office, executive committee, local commission, advisory agency, or other entity or persons appointed by or serving at the recommendation of the commission shall not exercise more authority than the commission.
(2) An office, executive committee, local commission, advisory agency, and other entity or person appointed by or serving at the recommendation of the commission shall transmit copies, records, information, and other material obtained by such entities to the commission within five (5) business days of receipt.
Amended by 2022 Tenn. Acts, ch. 1127, Secs.s2, s3 eff. 6/1/2022.
Acts 1978, ch. 748, § 6; 1979, ch. 422, § 25; T.C.A., § 4-2104; Acts 1980, ch. 732, § 5; 1984, ch. 1007, § 3; T.C.A., § 4-21-104; Acts 1989, ch. 6, § 3; 1990, ch. 1024, § 9; 1992, ch. 1027, § 2; 1996, ch. 1034, §§ 2, 3.
Tenn. Code Ann. § 4-8-101 — TN Code / Title 4 / Chapter 8 / Section 4-8-101
Care of buildings and fixtures - Preservation of order - Virtual tour
Status: in_force

(a) (1) Except as otherwise provided by subdivision (a)(2), it is the duty of the department of general services, through the commissioner, to take care of and preserve the state capitol and capitol annexes and all the furniture, fixtures and the capitol grounds, and to keep the same in good order. (2) It is the duty of the speaker of the senate and the speaker of the house of representatives to take care of and preserve the second floor of the state capitol, including all chambers, galleries, offices, rooms, hallways, balconies, storage areas and other spaces therein, the portion of the ground floor of the state capitol occupied by the senate clerk's office, and all associated furniture and fixtures and to keep the same in good order. The department of general services shall report to the speakers of the house of representatives and the senate no later than January 15 of each year the facility management costs, including annual maintenance and upkeep costs, associated with the second floor of the state capitol and the portion of the ground floor of the state capitol occupied by the senate clerk's office for the prior year. (3) (A) Except as provided in subdivision (a)(3)(B), the department of general services shall provide routine maintenance on and to the second floor of the state capitol and the portion of the ground floor of the state capitol occupied by the senate clerk's office only after providing notice of not less than twenty-four (24) hours prior to beginning routine maintenance to the offices of the speaker of the senate and the speaker of the house of representatives. (B) If emergency maintenance is required by the department of general services on or to the second floor of the state capitol or the portion of the ground floor of the state capitol occupied by the senate clerk's office, the department of general services shall respond to the emergency and provide notice to the offices of the speaker of the senate and the speaker of the house of representatives as soon as practicable upon completion of the emergency maintenance. (b) The secretary of state is authorized to produce a virtual tour of the state capitol, capitol annexes and grounds and to publish the virtual tour on the websites of the general assembly and of the secretary of state. The secretary of state may reproduce the virtual tour on electronic media. The secretary of state is further authorized, acting through the state librarian and archivist, to distribute to any public or private elementary, middle, junior high or senior high school the virtual tour on electronic media. (c) The department, through proper agencies, has the authority to preserve order among visitors who may be in and around the capitol and annexes, and to keep improper persons out of the different offices and rooms, in the absence of the regular occupants. Amended by 2022 Tenn. Acts, ch. 928, Secs.s1, s2, s3, s5 eff. 4/29/2022. Acts 1899, ch. 198, § 2; Shan., § 301; impl. am. Acts 1923, ch. 7, §§ 1, 33, 34; Code 1932, § 419; 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.), § 4-801; Acts 2010 , ch. 1062, § 2; 2012 , ch. 557, § 1.
(a) (1) Except as otherwise provided by subdivision (a)(2), it is the duty of the department of general services, through the commissioner, to take care of and preserve the state capitol and capitol annexes and all the furniture, fixtures and the capitol grounds, and to keep the same in good order. (2) It is the duty of the speaker of the senate and the speaker of the house of representatives to take care of and preserve the second floor of the state capitol, including all chambers, galleries, offices, rooms, hallways, balconies, storage areas and other spaces therein, the portion of the ground floor of the state capitol occupied by the senate clerk's office, and all associated furniture and fixtures and to keep the same in good order. The department of general services shall report to the speakers of the house of representatives and the senate no later than January 15 of each year the facility management costs, including annual maintenance and upkeep costs, associated with the second floor of the state capitol and the portion of the ground floor of the state capitol occupied by the senate clerk's office for the prior year. (3) (A) Except as provided in subdivision (a)(3)(B), the department of general services shall provide routine maintenance on and to the second floor of the state capitol and the portion of the ground floor of the state capitol occupied by the senate clerk's office only after providing notice of not less than twenty-four (24) hours prior to beginning routine maintenance to the offices of the speaker of the senate and the speaker of the house of representatives. (B) If emergency maintenance is required by the department of general services on or to the second floor of the state capitol or the portion of the ground floor of the state capitol occupied by the senate clerk's office, the department of general services shall respond to the emergency and provide notice to the offices of the speaker of the senate and the speaker of the house of representatives as soon as practicable upon completion of the emergency maintenance.
(1) Except as otherwise provided by subdivision (a)(2), it is the duty of the department of general services, through the commissioner, to take care of and preserve the state capitol and capitol annexes and all the furniture, fixtures and the capitol grounds, and to keep the same in good order.
(2) It is the duty of the speaker of the senate and the speaker of the house of representatives to take care of and preserve the second floor of the state capitol, including all chambers, galleries, offices, rooms, hallways, balconies, storage areas and other spaces therein, the portion of the ground floor of the state capitol occupied by the senate clerk's office, and all associated furniture and fixtures and to keep the same in good order. The department of general services shall report to the speakers of the house of representatives and the senate no later than January 15 of each year the facility management costs, including annual maintenance and upkeep costs, associated with the second floor of the state capitol and the portion of the ground floor of the state capitol occupied by the senate clerk's office for the prior year.
(3) (A) Except as provided in subdivision (a)(3)(B), the department of general services shall provide routine maintenance on and to the second floor of the state capitol and the portion of the ground floor of the state capitol occupied by the senate clerk's office only after providing notice of not less than twenty-four (24) hours prior to beginning routine maintenance to the offices of the speaker of the senate and the speaker of the house of representatives. (B) If emergency maintenance is required by the department of general services on or to the second floor of the state capitol or the portion of the ground floor of the state capitol occupied by the senate clerk's office, the department of general services shall respond to the emergency and provide notice to the offices of the speaker of the senate and the speaker of the house of representatives as soon as practicable upon completion of the emergency maintenance.
(A) Except as provided in subdivision (a)(3)(B), the department of general services shall provide routine maintenance on and to the second floor of the state capitol and the portion of the ground floor of the state capitol occupied by the senate clerk's office only after providing notice of not less than twenty-four (24) hours prior to beginning routine maintenance to the offices of the speaker of the senate and the speaker of the house of representatives.
(B) If emergency maintenance is required by the department of general services on or to the second floor of the state capitol or the portion of the ground floor of the state capitol occupied by the senate clerk's office, the department of general services shall respond to the emergency and provide notice to the offices of the speaker of the senate and the speaker of the house of representatives as soon as practicable upon completion of the emergency maintenance.
(b) The secretary of state is authorized to produce a virtual tour of the state capitol, capitol annexes and grounds and to publish the virtual tour on the websites of the general assembly and of the secretary of state. The secretary of state may reproduce the virtual tour on electronic media. The secretary of state is further authorized, acting through the state librarian and archivist, to distribute to any public or private elementary, middle, junior high or senior high school the virtual tour on electronic media.
(c) The department, through proper agencies, has the authority to preserve order among visitors who may be in and around the capitol and annexes, and to keep improper persons out of the different offices and rooms, in the absence of the regular occupants.
Amended by 2022 Tenn. Acts, ch. 928, Secs.s1, s2, s3, s5 eff. 4/29/2022.
Acts 1899, ch. 198, § 2; Shan., § 301; impl. am. Acts 1923, ch. 7, §§ 1, 33, 34; Code 1932, § 419; 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.), § 4-801; Acts 2010 , ch. 1062, § 2; 2012 , ch. 557, § 1.
Tenn. Code Ann. § 4-8-301 — TN Code / Title 4 / Chapter 8 / Section 4-8-301
Established - Membership - Chair - Compensation
Status: in_force

(a) (1) There is hereby created the state capitol commission, which shall be composed of seven (7) ex officio members, as follows: the commissioner of general services, the comptroller of the treasury, the secretary of state, the state treasurer, the commissioner of finance and administration, the commissioner of environment and conservation, and the chair of the Tennessee historical commission, or their respective designees. In addition, the membership shall include two (2) legislative members as follows: one (1) member appointed by the speaker of the senate and one (1) member appointed by the speaker of the house of representatives. (2) (A) The commission membership shall also include three (3) private citizens appointed by the governor to staggered terms of three (3) years. (B) In appointing private citizens to serve on the state capitol commission, the governor shall strive to ensure that at least one (1) such citizen serving on the commission is sixty (60) years of age or older and that at least one (1) such citizen serving on the commission is a member of a racial minority. (C) At least one (1) of the private citizens appointed by the governor shall be a black person. (D) (i) In appointing private citizens to serve on the state capitol commission, the governor shall appoint one (1) person from each of the three (3) grand divisions of the state. (ii) The private citizen members serving on the commission on March 20, 2012, shall continue to serve until they either vacate their positions or their terms of office expire, whichever occurs first, whereupon the governor shall appoint persons to fill the positions in accordance with subdivision (a)(2)(D)(i). (3) (A) The commission membership shall also include one (1) private citizen member to be appointed by the speaker of the senate and one (1) private citizen member to be appointed by the speaker of the house of representatives. (B) The members appointed under subdivision (a)(3)(A) shall serve terms of three (3) years, with such terms to begin on July 1 and expire on June 30, every three (3) years thereafter. (b) The governor shall appoint a chair from among the full membership of the commission. (c) All members shall serve without compensation, but shall be eligible for 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. Amended by 2020 Tenn. Acts, ch. 768, s 3, eff. 7/15/2020. Acts 1986, ch. 838, § 1; 1988, ch. 1013, § 1; 1998, ch. 688, § 2; 2012 , ch. 586, § 3.
(a) (1) There is hereby created the state capitol commission, which shall be composed of seven (7) ex officio members, as follows: the commissioner of general services, the comptroller of the treasury, the secretary of state, the state treasurer, the commissioner of finance and administration, the commissioner of environment and conservation, and the chair of the Tennessee historical commission, or their respective designees. In addition, the membership shall include two (2) legislative members as follows: one (1) member appointed by the speaker of the senate and one (1) member appointed by the speaker of the house of representatives. (2) (A) The commission membership shall also include three (3) private citizens appointed by the governor to staggered terms of three (3) years. (B) In appointing private citizens to serve on the state capitol commission, the governor shall strive to ensure that at least one (1) such citizen serving on the commission is sixty (60) years of age or older and that at least one (1) such citizen serving on the commission is a member of a racial minority. (C) At least one (1) of the private citizens appointed by the governor shall be a black person. (D) (i) In appointing private citizens to serve on the state capitol commission, the governor shall appoint one (1) person from each of the three (3) grand divisions of the state. (ii) The private citizen members serving on the commission on March 20, 2012, shall continue to serve until they either vacate their positions or their terms of office expire, whichever occurs first, whereupon the governor shall appoint persons to fill the positions in accordance with subdivision (a)(2)(D)(i). (3) (A) The commission membership shall also include one (1) private citizen member to be appointed by the speaker of the senate and one (1) private citizen member to be appointed by the speaker of the house of representatives. (B) The members appointed under subdivision (a)(3)(A) shall serve terms of three (3) years, with such terms to begin on July 1 and expire on June 30, every three (3) years thereafter.
(1) There is hereby created the state capitol commission, which shall be composed of seven (7) ex officio members, as follows: the commissioner of general services, the comptroller of the treasury, the secretary of state, the state treasurer, the commissioner of finance and administration, the commissioner of environment and conservation, and the chair of the Tennessee historical commission, or their respective designees. In addition, the membership shall include two (2) legislative members as follows: one (1) member appointed by the speaker of the senate and one (1) member appointed by the speaker of the house of representatives.
(2) (A) The commission membership shall also include three (3) private citizens appointed by the governor to staggered terms of three (3) years. (B) In appointing private citizens to serve on the state capitol commission, the governor shall strive to ensure that at least one (1) such citizen serving on the commission is sixty (60) years of age or older and that at least one (1) such citizen serving on the commission is a member of a racial minority. (C) At least one (1) of the private citizens appointed by the governor shall be a black person. (D) (i) In appointing private citizens to serve on the state capitol commission, the governor shall appoint one (1) person from each of the three (3) grand divisions of the state. (ii) The private citizen members serving on the commission on March 20, 2012, shall continue to serve until they either vacate their positions or their terms of office expire, whichever occurs first, whereupon the governor shall appoint persons to fill the positions in accordance with subdivision (a)(2)(D)(i).
(A) The commission membership shall also include three (3) private citizens appointed by the governor to staggered terms of three (3) years.
(B) In appointing private citizens to serve on the state capitol commission, the governor shall strive to ensure that at least one (1) such citizen serving on the commission is sixty (60) years of age or older and that at least one (1) such citizen serving on the commission is a member of a racial minority.
(C) At least one (1) of the private citizens appointed by the governor shall be a black person.
(D) (i) In appointing private citizens to serve on the state capitol commission, the governor shall appoint one (1) person from each of the three (3) grand divisions of the state. (ii) The private citizen members serving on the commission on March 20, 2012, shall continue to serve until they either vacate their positions or their terms of office expire, whichever occurs first, whereupon the governor shall appoint persons to fill the positions in accordance with subdivision (a)(2)(D)(i).
(i) In appointing private citizens to serve on the state capitol commission, the governor shall appoint one (1) person from each of the three (3) grand divisions of the state.
(ii) The private citizen members serving on the commission on March 20, 2012, shall continue to serve until they either vacate their positions or their terms of office expire, whichever occurs first, whereupon the governor shall appoint persons to fill the positions in accordance with subdivision (a)(2)(D)(i).
(3) (A) The commission membership shall also include one (1) private citizen member to be appointed by the speaker of the senate and one (1) private citizen member to be appointed by the speaker of the house of representatives. (B) The members appointed under subdivision (a)(3)(A) shall serve terms of three (3) years, with such terms to begin on July 1 and expire on June 30, every three (3) years thereafter.
(A) The commission membership shall also include one (1) private citizen member to be appointed by the speaker of the senate and one (1) private citizen member to be appointed by the speaker of the house of representatives.
(B) The members appointed under subdivision (a)(3)(A) shall serve terms of three (3) years, with such terms to begin on July 1 and expire on June 30, every three (3) years thereafter.
(b) The governor shall appoint a chair from among the full membership of the commission.
(c) All members shall serve without compensation, but shall be eligible for 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.
Amended by 2020 Tenn. Acts, ch. 768, s 3, eff. 7/15/2020.
Acts 1986, ch. 838, § 1; 1988, ch. 1013, § 1; 1998, ch. 688, § 2; 2012 , ch. 586, § 3.
Tenn. Code Ann. § 4-29-247 — TN Code / Title 4 / Chapter 29 / Section 4-29-247
Governmental entities terminated on June 30, 2026
Status: in_force

(a) The following governmental entities shall terminate on June 30, 2026: (1) [Deleted by 2024 amendment.] (2) Audiology and Speech-Language Pathology Interstate Compact, created by § 63-17-302 ; (3) Board of chiropractic examiners, created by § 63-4-102 ; (4) Board of communication disorders and sciences, created by § 63-17-104 ; (5) Board of dentistry, created by § 63-5-101 ; (6) Board of dispensing opticians, created by § 63-14-101 ; (7) Board of examiners for architects and engineers, created by § 62-2-201 ; (8) Board of examiners in psychology, created by § 63-11-101 ; (9) Board of optometry, created by § 63-8-103 ; (10) Board of podiatric medical examiners, created by § 63-3-103 ; (11) Board of social work licensure, created by § 63-23-101 ; (12) Board of veterinary medical examiners, created by § 63-12-104 ; (13) Collateral pool board, created by § 9-4-506 ; (14) Committee for clinical perfusionists, created by § 63-28-112 ; (15) Committee for providing competitive integrated employment for individuals with severe disabilities, created by § 71-4-703 ; (16) Delta human resource agency, created by § 13-26-102 ; (17) Department of agriculture, created by §§ 4-3-101 and 4-3-201 ; (18) Department of children's services, created by §§ 4-3-101 and 37-5-101 ; (19) Department of disability and aging, created by § 4-3-101 and § 4-3-2701 ; (20) Department of education, created by §§ 4-3-101 and 4-3-801 ; (21) Department of general services, created by §§ 4-3-101 and 4-3-1101 ; (22) Department of human services, created by §§ 4-3-101 and 4-3-1201 ; (23) Department of labor and workforce development, created by §§ 4-3-101 and 4-3-1403 ; (24) Department of tourist development, created by §§ 4-3-101 and 4-3-2201 ; (25) East Tennessee human resource agency, created by § 13-26-102 ; (26) First Tennessee human resource agency, created by § 13-26-102 ; (27) Health facilities commission, created by [former/repealed] § 68-11-1604 ; (28) Inmate disciplinary oversight board, created by § 41-21-1001 ; (29) Integrated criminal justice steering committee, created by § 16-3-815 ; (30) Interstate Compact for Juveniles, created by § 37-4-101 ; (31) Interstate Compact for Supervision of Adult Offenders, created by § 40-28-401 ; (32) Local education insurance committee, created by § 8-27-301 ; (33) Local government insurance committee, created by § 8-27-701 ; (34) Mid-Cumberland human resource agency, created by § 13-26-102 ; (35) Northwest Tennessee human resource agency, created by § 13-26-102 ; (36) Occupational Therapy Licensure Compact, created by § 63-13-502 ; (37) Office of business enterprise, created by § 4-26-101 ; (38) Pest control advisory board, created by § 62-21-104 ; (39) Post-conviction defender oversight commission, created by § 40-30-203 ; (40) Professional art therapist advisory committee of the board of examiners in psychology, created by § 63-11-401 ; (41) Sequatchie Valley educational development agency, created by §§ 64-1-501 and 64-1-502 ; (42) Sex offender treatment board, created by § 39-13-704 ; (43) Southwest Tennessee human resource agency, created by § 13-26-102 ; (44) State Alzheimer's disease and related dementia advisory council, created by § 71-2-117 ; (45) State board for licensing contractors, created by § 62-6-104 ; (46) State board of accountancy, created by § 62-1-104 ; (47) State building commission, created by § 4-15-101 ; (48) State capitol commission, created by § 4-8-301 ; (49) State energy policy council, created by § 68-204-101 ; (50) State insurance committee, created by § 8-27-201 ; (51) State university and community college system, board of regents, created by § 49-8-201 ; (52) Tellico Reservoir development agency, created by § 64-1-701 ; (53) Tennessee commission on aging and disability, created by § 52-8-102 ; (54) Tennessee council for career and technical education, created by § 49-11-201 ; (55) Tennessee council on autism spectrum disorder, created by § 4-3-2711 ; (56) Tennessee equine health advisory commission, created by § 43-13-103 ; (57) Tennessee fish and wildlife commission, created by § 70-1-201 ; (58) Tennessee higher education commission, created by § 49-7-201 ; (59) Tennessee-Ireland trade commission, created by § 4-3-734 ; (60) Tennessee motor vehicle commission, created by § 55-17-103 ; (61) Tennessee public charter school commission, as created by § 49-13-105 ; (62) Tennessee soil and water conservation commission, created by § 43-14-203 ; (63) Tennessee sports hall of fame, created by § 4-3-5403 ; (64) Tennessee State University, board of trustees, created by §§ 49-8-101 and 49-8-201 ; (65) Tennessee state veterans' homes board, created by § 58-7-102 ; (66) Tennessee student assistance corporation, board of directors, created by § 49-4-202 ; (67) Upper Cumberland human resource agency, created by § 13-26-102 ; and (68) [Deleted by 2023 amendment.] (b) Each department, commission, board, agency, or council of state government created during calendar year 2024 terminates on June 30, 2026. (c) Any governmental entity that has been terminated under this section may be continued, reestablished, or restructured in accordance with this chapter. Amended by 2024 Tenn. Acts, ch. 1014,s 2, eff. 5/28/2024. Amended by 2024 Tenn. Acts, ch. 981,s 4, eff. 5/21/2024. Amended by 2024 Tenn. Acts, ch. 975,s 2, eff. 5/21/2024. Amended by 2024 Tenn. Acts, ch. 610,s 3, eff. 3/28/2024. Amended by 2024 Tenn. Acts, ch. 597,s 2, eff. 3/27/2024. Amended by 2024 Tenn. Acts, ch. 595,s 2, eff. 3/27/2024. Amended by 2024 Tenn. Acts, ch. 592,s 2, eff. 3/27/2024. Amended by 2024 Tenn. Acts, ch. 558,s 1, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 501,s 2, eff. 2/21/2024. Amended by 2024 Tenn. Acts, ch. 500,s 2, eff. 2/21/2024. Amended by 2024 Tenn. Acts, ch. 489,s 2, eff. 2/21/2024. Amended by 2024 Tenn. Acts, ch. 501,s 2, eff. 2/21/2024. Amended by 2024 Tenn. Acts, ch. 500,s 2, eff. 2/21/2024. Amended by 2024 Tenn. Acts, ch. 489,s 2, eff. 2/21/2024. Amended by 2024 Tenn. Acts, ch. 688,s 114, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 688,s 113, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 610,s 3, eff. 3/28/2024. Amended by 2024 Tenn. Acts, ch. 597,s 2, eff. 3/27/2024. Amended by 2024 Tenn. Acts, ch. 595,s 2, eff. 3/27/2024. Amended by 2024 Tenn. Acts, ch. 592,s 2, eff. 3/27/2024. Amended by 2024 Tenn. Acts, ch. 558,s 1, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 501,s 2, eff. 2/21/2024. Amended by 2024 Tenn. Acts, ch. 500,s 2, eff. 2/21/2024. Amended by 2024 Tenn. Acts, ch. 489,s 2, eff. 2/21/2024. Amended by 2024 Tenn. Acts, ch. 501,s 2, eff. 2/21/2024. Amended by 2024 Tenn. Acts, ch. 500,s 2, eff. 2/21/2024. Amended by 2024 Tenn. Acts, ch. 489,s 2, eff. 2/21/2024. Amended by 2023 Tenn. Acts, ch. 402, s 8, eff. 1/1/2024. Amended by 2023 Tenn. Acts, ch. 463, s 2, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 106, s 2, eff. 4/4/2023. Amended by 2023 Tenn. Acts, ch. 80, s 2, eff. 3/31/2023. Amended by 2022 Tenn. Acts, ch. 770, s 2, eff. 4/8/2022. Amended by 2022 Tenn. Acts, ch. 755, s 2, eff. 3/31/2022. Amended by 2022 Tenn. Acts, ch. 752, s 2, eff. 3/28/2022. Amended by 2022 Tenn. Acts, ch. 751, s 2, eff. 3/28/2022. Amended by 2022 Tenn. Acts, ch. 728, s 2, eff. 3/24/2022. Amended by 2022 Tenn. Acts, ch. 724, s 2, eff. 3/24/2022. Amended by 2022 Tenn. Acts, ch. 641, s 2, eff. 3/11/2022. Amended by 2022 Tenn. Acts, ch. 640, s 2, eff. 3/11/2022. Amended by 2022 Tenn. Acts, ch. 638, s 2, eff. 3/11/2022. Amended by 2022 Tenn. Acts, ch. 636, s 2, eff. 3/11/2022. Amended by 2022 Tenn. Acts, ch. 633, s 2, eff. 3/11/2022. Amended by 2022 Tenn. Acts, ch. 627, s 2, eff. 3/11/2022. Amended by 2022 Tenn. Acts, ch. 608, s 2, eff. 2/28/2022. Amended by 2021 Tenn. Acts, ch. 72, s 2, eff. 3/29/2021. Amended by 2021 Tenn. Acts, ch. 71, s 2, eff. 3/29/2021. Amended by 2021 Tenn. Acts, ch. 54, s 2, eff. 3/29/2021. Amended by 2021 Tenn. Acts, ch. 46, s 2, eff. 3/29/2021. Amended by 2021 Tenn. Acts, ch. 45, s 2, eff. 3/29/2021. Amended by 2021 Tenn. Acts, ch. 26, s 2, eff. 3/23/2021. Amended by 2021 Tenn. Acts, ch. 25, s 2, eff. 3/23/2021. Amended by 2021 Tenn. Acts, ch. 18, s 2, eff. 3/23/2021. Amended by 2021 Tenn. Acts, ch. 17, s 2, eff. 3/23/2021. Amended by 2021 Tenn. Acts, ch. 15, s 2, eff. 3/23/2021. Amended by 2021 Tenn. Acts, ch. 13, s 2, eff. 3/23/2021. Amended by 2021 Tenn. Acts, ch. 11, s 2, eff. 3/23/2021. Amended by 2021 Tenn. Acts, ch. 10, s 2, eff. 3/23/2021. Amended by 2021 Tenn. Acts, ch. 9, s 2, eff. 3/23/2021. Amended by 2021 Tenn. Acts, ch. 8, s 2, eff. 3/23/2021. Amended by 2021 Tenn. Acts, ch. 7, s 2, eff. 3/23/2021. Amended by 2021 Tenn. Acts, ch. 6, s 2, eff. 3/23/2021. Amended by 2021 Tenn. Acts, ch. 5, s 2, eff. 3/23/2021. Amended by 2021 Tenn. Acts, ch. 4, s 2, eff. 3/23/2021. Amended by 2021 Tenn. Acts, ch. 3, s 2, eff. 3/23/2021. Amended by 2020 Tenn. Acts, ch. 768, s 2, eff. 7/15/2020. Amended by 2020 Tenn. Acts, ch. 664, s 2, eff. 4/2/2020. Amended by 2020 Tenn. Acts, ch. 638, s 2, eff. 4/1/2020. Amended by 2020 Tenn. Acts, ch. 615, s 2, eff. 3/25/2020. Amended by 2020 Tenn. Acts, ch. 611, s 2, eff. 3/25/2020. Amended by 2020 Tenn. Acts, ch. 569, s 2, eff. 3/19/2020. Amended by 2020 Tenn. Acts, ch. 567, s 2, eff. 3/19/2020. Amended by 2020 Tenn. Acts, ch. 563, s 2, eff. 3/19/2020. Amended by 2020 Tenn. Acts, ch. 560, s 2, eff. 3/19/2020. Amended by 2020 Tenn. Acts, ch. 558, s 2, eff. 3/19/2020. Amended by 2020 Tenn. Acts, ch. 557, s 2, eff. 3/19/2020. Amended by 2020 Tenn. Acts, ch. 556, s 2, eff. 3/19/2020. Amended by 2020 Tenn. Acts, ch. 550, s 2, eff. 3/19/2020. Amended by 2020 Tenn. Acts, ch. 549, s 2, eff. 3/19/2020. Amended by 2020 Tenn. Acts, ch. 546, s 2, eff. 3/19/2020. Amended by 2020 Tenn. Acts, ch. 539, s 2, eff. 3/19/2020. Amended by 2018 Tenn. Acts, ch. 517, s 2, eff. 2/22/2018. Added by 2018 Tenn. Acts, ch. 501, s 2, eff. 2/22/2018. Amended by 2018 Tenn. Acts, ch. 515, s 2, eff. 2/22/2018. Amended by 2018 Tenn. Acts, ch. 510, s 2, eff. 2/22/2018. Added by 2018 Tenn. Acts, ch. 509, s 2, eff. 2/22/2018.
(a) The following governmental entities shall terminate on June 30, 2026: (1) [Deleted by 2024 amendment.] (2) Audiology and Speech-Language Pathology Interstate Compact, created by § 63-17-302 ; (3) Board of chiropractic examiners, created by § 63-4-102 ; (4) Board of communication disorders and sciences, created by § 63-17-104 ; (5) Board of dentistry, created by § 63-5-101 ; (6) Board of dispensing opticians, created by § 63-14-101 ; (7) Board of examiners for architects and engineers, created by § 62-2-201 ; (8) Board of examiners in psychology, created by § 63-11-101 ; (9) Board of optometry, created by § 63-8-103 ; (10) Board of podiatric medical examiners, created by § 63-3-103 ; (11) Board of social work licensure, created by § 63-23-101 ; (12) Board of veterinary medical examiners, created by § 63-12-104 ; (13) Collateral pool board, created by § 9-4-506 ; (14) Committee for clinical perfusionists, created by § 63-28-112 ; (15) Committee for providing competitive integrated employment for individuals with severe disabilities, created by § 71-4-703 ; (16) Delta human resource agency, created by § 13-26-102 ; (17) Department of agriculture, created by §§ 4-3-101 and 4-3-201 ; (18) Department of children's services, created by §§ 4-3-101 and 37-5-101 ; (19) Department of disability and aging, created by § 4-3-101 and § 4-3-2701 ; (20) Department of education, created by §§ 4-3-101 and 4-3-801 ; (21) Department of general services, created by §§ 4-3-101 and 4-3-1101 ; (22) Department of human services, created by §§ 4-3-101 and 4-3-1201 ; (23) Department of labor and workforce development, created by §§ 4-3-101 and 4-3-1403 ; (24) Department of tourist development, created by §§ 4-3-101 and 4-3-2201 ; (25) East Tennessee human resource agency, created by § 13-26-102 ; (26) First Tennessee human resource agency, created by § 13-26-102 ; (27) Health facilities commission, created by [former/repealed] § 68-11-1604 ; (28) Inmate disciplinary oversight board, created by § 41-21-1001 ; (29) Integrated criminal justice steering committee, created by § 16-3-815 ; (30) Interstate Compact for Juveniles, created by § 37-4-101 ; (31) Interstate Compact for Supervision of Adult Offenders, created by § 40-28-401 ; (32) Local education insurance committee, created by § 8-27-301 ; (33) Local government insurance committee, created by § 8-27-701 ; (34) Mid-Cumberland human resource agency, created by § 13-26-102 ; (35) Northwest Tennessee human resource agency, created by § 13-26-102 ; (36) Occupational Therapy Licensure Compact, created by § 63-13-502 ; (37) Office of business enterprise, created by § 4-26-101 ; (38) Pest control advisory board, created by § 62-21-104 ; (39) Post-conviction defender oversight commission, created by § 40-30-203 ; (40) Professional art therapist advisory committee of the board of examiners in psychology, created by § 63-11-401 ; (41) Sequatchie Valley educational development agency, created by §§ 64-1-501 and 64-1-502 ; (42) Sex offender treatment board, created by § 39-13-704 ; (43) Southwest Tennessee human resource agency, created by § 13-26-102 ; (44) State Alzheimer's disease and related dementia advisory council, created by § 71-2-117 ; (45) State board for licensing contractors, created by § 62-6-104 ; (46) State board of accountancy, created by § 62-1-104 ; (47) State building commission, created by § 4-15-101 ; (48) State capitol commission, created by § 4-8-301 ; (49) State energy policy council, created by § 68-204-101 ; (50) State insurance committee, created by § 8-27-201 ; (51) State university and community college system, board of regents, created by § 49-8-201 ; (52) Tellico Reservoir development agency, created by § 64-1-701 ; (53) Tennessee commission on aging and disability, created by § 52-8-102 ; (54) Tennessee council for career and technical education, created by § 49-11-201 ; (55) Tennessee council on autism spectrum disorder, created by § 4-3-2711 ; (56) Tennessee equine health advisory commission, created by § 43-13-103 ; (57) Tennessee fish and wildlife commission, created by § 70-1-201 ; (58) Tennessee higher education commission, created by § 49-7-201 ; (59) Tennessee-Ireland trade commission, created by § 4-3-734 ; (60) Tennessee motor vehicle commission, created by § 55-17-103 ; (61) Tennessee public charter school commission, as created by § 49-13-105 ; (62) Tennessee soil and water conservation commission, created by § 43-14-203 ; (63) Tennessee sports hall of fame, created by § 4-3-5403 ; (64) Tennessee State University, board of trustees, created by §§ 49-8-101 and 49-8-201 ; (65) Tennessee state veterans' homes board, created by § 58-7-102 ; (66) Tennessee student assistance corporation, board of directors, created by § 49-4-202 ; (67) Upper Cumberland human resource agency, created by § 13-26-102 ; and (68) [Deleted by 2023 amendment.]
(1) [Deleted by 2024 amendment.]
(2) Audiology and Speech-Language Pathology Interstate Compact, created by § 63-17-302 ;
(3) Board of chiropractic examiners, created by § 63-4-102 ;
(4) Board of communication disorders and sciences, created by § 63-17-104 ;
(5) Board of dentistry, created by § 63-5-101 ;
(6) Board of dispensing opticians, created by § 63-14-101 ;
(7) Board of examiners for architects and engineers, created by § 62-2-201 ;
(8) Board of examiners in psychology, created by § 63-11-101 ;
(9) Board of optometry, created by § 63-8-103 ;
(10) Board of podiatric medical examiners, created by § 63-3-103 ;
(11) Board of social work licensure, created by § 63-23-101 ;
(12) Board of veterinary medical examiners, created by § 63-12-104 ;
(13) Collateral pool board, created by § 9-4-506 ;
(14) Committee for clinical perfusionists, created by § 63-28-112 ;
(15) Committee for providing competitive integrated employment for individuals with severe disabilities, created by § 71-4-703 ;
(16) Delta human resource agency, created by § 13-26-102 ;
(17) Department of agriculture, created by §§ 4-3-101 and 4-3-201 ;
(18) Department of children's services, created by §§ 4-3-101 and 37-5-101 ;
(19) Department of disability and aging, created by § 4-3-101 and § 4-3-2701 ;
(20) Department of education, created by §§ 4-3-101 and 4-3-801 ;
(21) Department of general services, created by §§ 4-3-101 and 4-3-1101 ;
(22) Department of human services, created by §§ 4-3-101 and 4-3-1201 ;
(23) Department of labor and workforce development, created by §§ 4-3-101 and 4-3-1403 ;
(24) Department of tourist development, created by §§ 4-3-101 and 4-3-2201 ;
(25) East Tennessee human resource agency, created by § 13-26-102 ;
(26) First Tennessee human resource agency, created by § 13-26-102 ;
(27) Health facilities commission, created by [former/repealed] § 68-11-1604 ;
(28) Inmate disciplinary oversight board, created by § 41-21-1001 ;
(29) Integrated criminal justice steering committee, created by § 16-3-815 ;
(30) Interstate Compact for Juveniles, created by § 37-4-101 ;
(31) Interstate Compact for Supervision of Adult Offenders, created by § 40-28-401 ;
(32) Local education insurance committee, created by § 8-27-301 ;
(33) Local government insurance committee, created by § 8-27-701 ;
(34) Mid-Cumberland human resource agency, created by § 13-26-102 ;
(35) Northwest Tennessee human resource agency, created by § 13-26-102 ;
(36) Occupational Therapy Licensure Compact, created by § 63-13-502 ;
(37) Office of business enterprise, created by § 4-26-101 ;
(38) Pest control advisory board, created by § 62-21-104 ;
(39) Post-conviction defender oversight commission, created by § 40-30-203 ;
(40) Professional art therapist advisory committee of the board of examiners in psychology, created by § 63-11-401 ;
(41) Sequatchie Valley educational development agency, created by §§ 64-1-501 and 64-1-502 ;
(42) Sex offender treatment board, created by § 39-13-704 ;
(43) Southwest Tennessee human resource agency, created by § 13-26-102 ;
(44) State Alzheimer's disease and related dementia advisory council, created by § 71-2-117 ;
(45) State board for licensing contractors, created by § 62-6-104 ;
(46) State board of accountancy, created by § 62-1-104 ;
(47) State building commission, created by § 4-15-101 ;
(48) State capitol commission, created by § 4-8-301 ;
(49) State energy policy council, created by § 68-204-101 ;
(50) State insurance committee, created by § 8-27-201 ;
(51) State university and community college system, board of regents, created by § 49-8-201 ;
(52) Tellico Reservoir development agency, created by § 64-1-701 ;
(53) Tennessee commission on aging and disability, created by § 52-8-102 ;
(54) Tennessee council for career and technical education, created by § 49-11-201 ;
(55) Tennessee council on autism spectrum disorder, created by § 4-3-2711 ;
(56) Tennessee equine health advisory commission, created by § 43-13-103 ;
(57) Tennessee fish and wildlife commission, created by § 70-1-201 ;
(58) Tennessee higher education commission, created by § 49-7-201 ;
(59) Tennessee-Ireland trade commission, created by § 4-3-734 ;
(60) Tennessee motor vehicle commission, created by § 55-17-103 ;
(61) Tennessee public charter school commission, as created by § 49-13-105 ;
(62) Tennessee soil and water conservation commission, created by § 43-14-203 ;
(63) Tennessee sports hall of fame, created by § 4-3-5403 ;
(64) Tennessee State University, board of trustees, created by §§ 49-8-101 and 49-8-201 ;
(65) Tennessee state veterans' homes board, created by § 58-7-102 ;
(66) Tennessee student assistance corporation, board of directors, created by § 49-4-202 ;
(67) Upper Cumberland human resource agency, created by § 13-26-102 ; and
(68) [Deleted by 2023 amendment.]
(b) Each department, commission, board, agency, or council of state government created during calendar year 2024 terminates on June 30, 2026.
(c) Any governmental entity that has been terminated under this section may be continued, reestablished, or restructured in accordance with this chapter.
Amended by 2024 Tenn. Acts, ch. 1014,s 2, eff. 5/28/2024.
Amended by 2024 Tenn. Acts, ch. 981,s 4, eff. 5/21/2024.
Amended by 2024 Tenn. Acts, ch. 975,s 2, eff. 5/21/2024.
Amended by 2024 Tenn. Acts, ch. 610,s 3, eff. 3/28/2024.
Amended by 2024 Tenn. Acts, ch. 597,s 2, eff. 3/27/2024.
Amended by 2024 Tenn. Acts, ch. 595,s 2, eff. 3/27/2024.
Amended by 2024 Tenn. Acts, ch. 592,s 2, eff. 3/27/2024.
Amended by 2024 Tenn. Acts, ch. 558,s 1, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 501,s 2, eff. 2/21/2024.
Amended by 2024 Tenn. Acts, ch. 500,s 2, eff. 2/21/2024.
Amended by 2024 Tenn. Acts, ch. 489,s 2, eff. 2/21/2024.
Amended by 2024 Tenn. Acts, ch. 501,s 2, eff. 2/21/2024.
Amended by 2024 Tenn. Acts, ch. 500,s 2, eff. 2/21/2024.
Amended by 2024 Tenn. Acts, ch. 489,s 2, eff. 2/21/2024.
Amended by 2024 Tenn. Acts, ch. 688,s 114, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 688,s 113, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 610,s 3, eff. 3/28/2024.
Amended by 2024 Tenn. Acts, ch. 597,s 2, eff. 3/27/2024.
Amended by 2024 Tenn. Acts, ch. 595,s 2, eff. 3/27/2024.
Amended by 2024 Tenn. Acts, ch. 592,s 2, eff. 3/27/2024.
Amended by 2024 Tenn. Acts, ch. 558,s 1, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 501,s 2, eff. 2/21/2024.
Amended by 2024 Tenn. Acts, ch. 500,s 2, eff. 2/21/2024.
Amended by 2024 Tenn. Acts, ch. 489,s 2, eff. 2/21/2024.
Amended by 2024 Tenn. Acts, ch. 501,s 2, eff. 2/21/2024.
Amended by 2024 Tenn. Acts, ch. 500,s 2, eff. 2/21/2024.
Amended by 2024 Tenn. Acts, ch. 489,s 2, eff. 2/21/2024.
Amended by 2023 Tenn. Acts, ch. 402, s 8, eff. 1/1/2024.
Amended by 2023 Tenn. Acts, ch. 463, s 2, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 106, s 2, eff. 4/4/2023.
Amended by 2023 Tenn. Acts, ch. 80, s 2, eff. 3/31/2023.
Amended by 2022 Tenn. Acts, ch. 770, s 2, eff. 4/8/2022.
Amended by 2022 Tenn. Acts, ch. 755, s 2, eff. 3/31/2022.
Amended by 2022 Tenn. Acts, ch. 752, s 2, eff. 3/28/2022.
Amended by 2022 Tenn. Acts, ch. 751, s 2, eff. 3/28/2022.
Amended by 2022 Tenn. Acts, ch. 728, s 2, eff. 3/24/2022.
Amended by 2022 Tenn. Acts, ch. 724, s 2, eff. 3/24/2022.
Amended by 2022 Tenn. Acts, ch. 641, s 2, eff. 3/11/2022.
Amended by 2022 Tenn. Acts, ch. 640, s 2, eff. 3/11/2022.
Amended by 2022 Tenn. Acts, ch. 638, s 2, eff. 3/11/2022.
Amended by 2022 Tenn. Acts, ch. 636, s 2, eff. 3/11/2022.
Amended by 2022 Tenn. Acts, ch. 633, s 2, eff. 3/11/2022.
Amended by 2022 Tenn. Acts, ch. 627, s 2, eff. 3/11/2022.
Amended by 2022 Tenn. Acts, ch. 608, s 2, eff. 2/28/2022.
Amended by 2021 Tenn. Acts, ch. 72, s 2, eff. 3/29/2021.
Amended by 2021 Tenn. Acts, ch. 71, s 2, eff. 3/29/2021.
Amended by 2021 Tenn. Acts, ch. 54, s 2, eff. 3/29/2021.
Amended by 2021 Tenn. Acts, ch. 46, s 2, eff. 3/29/2021.
Amended by 2021 Tenn. Acts, ch. 45, s 2, eff. 3/29/2021.
Amended by 2021 Tenn. Acts, ch. 26, s 2, eff. 3/23/2021.
Amended by 2021 Tenn. Acts, ch. 25, s 2, eff. 3/23/2021.
Amended by 2021 Tenn. Acts, ch. 18, s 2, eff. 3/23/2021.
Amended by 2021 Tenn. Acts, ch. 17, s 2, eff. 3/23/2021.
Amended by 2021 Tenn. Acts, ch. 15, s 2, eff. 3/23/2021.
Amended by 2021 Tenn. Acts, ch. 13, s 2, eff. 3/23/2021.
Amended by 2021 Tenn. Acts, ch. 11, s 2, eff. 3/23/2021.
Amended by 2021 Tenn. Acts, ch. 10, s 2, eff. 3/23/2021.
Amended by 2021 Tenn. Acts, ch. 9, s 2, eff. 3/23/2021.
Amended by 2021 Tenn. Acts, ch. 8, s 2, eff. 3/23/2021.
Amended by 2021 Tenn. Acts, ch. 7, s 2, eff. 3/23/2021.
Amended by 2021 Tenn. Acts, ch. 6, s 2, eff. 3/23/2021.
Amended by 2021 Tenn. Acts, ch. 5, s 2, eff. 3/23/2021.
Amended by 2021 Tenn. Acts, ch. 4, s 2, eff. 3/23/2021.
Amended by 2021 Tenn. Acts, ch. 3, s 2, eff. 3/23/2021.
Amended by 2020 Tenn. Acts, ch. 768, s 2, eff. 7/15/2020.
Amended by 2020 Tenn. Acts, ch. 664, s 2, eff. 4/2/2020.
Amended by 2020 Tenn. Acts, ch. 638, s 2, eff. 4/1/2020.
Amended by 2020 Tenn. Acts, ch. 615, s 2, eff. 3/25/2020.
Amended by 2020 Tenn. Acts, ch. 611, s 2, eff. 3/25/2020.
Amended by 2020 Tenn. Acts, ch. 569, s 2, eff. 3/19/2020.
Amended by 2020 Tenn. Acts, ch. 567, s 2, eff. 3/19/2020.
Amended by 2020 Tenn. Acts, ch. 563, s 2, eff. 3/19/2020.
Amended by 2020 Tenn. Acts, ch. 560, s 2, eff. 3/19/2020.
Amended by 2020 Tenn. Acts, ch. 558, s 2, eff. 3/19/2020.
Amended by 2020 Tenn. Acts, ch. 557, s 2, eff. 3/19/2020.
Amended by 2020 Tenn. Acts, ch. 556, s 2, eff. 3/19/2020.
Amended by 2020 Tenn. Acts, ch. 550, s 2, eff. 3/19/2020.
Amended by 2020 Tenn. Acts, ch. 549, s 2, eff. 3/19/2020.
Amended by 2020 Tenn. Acts, ch. 546, s 2, eff. 3/19/2020.
Amended by 2020 Tenn. Acts, ch. 539, s 2, eff. 3/19/2020.
Amended by 2018 Tenn. Acts, ch. 517, s 2, eff. 2/22/2018.
Added by 2018 Tenn. Acts, ch. 501, s 2, eff. 2/22/2018.
Amended by 2018 Tenn. Acts, ch. 515, s 2, eff. 2/22/2018.
Amended by 2018 Tenn. Acts, ch. 510, s 2, eff. 2/22/2018.
Added by 2018 Tenn. Acts, ch. 509, s 2, eff. 2/22/2018.
Tenn. Code Ann. § 4-7-204 — TN Code / Title 4 / Chapter 7 / Section 4-7-204
Establishment of compensation schedule
Status: in_force

(a) (1) The survey shall determine the lowest step in the range in each adjacent state for each class of position in each duty classification, and from such data determine the average compensation paid in the adjacent states for each class of position in each duty classification. (2) The survey shall establish a ten-step range in each class of position in each duty classification. The amount of average compensation as determined in this section shall equal Step 1 of each class of position in each duty classification. (3) Step 2 of each class of position in each duty classification shall equal one hundred four and one-half percent (104.5%) of Step 1. (4) Step 3 of each class of position in each duty classification shall equal one hundred nine and two-tenths percent (109.2%) of Step 1. (5) Step 4 of each class of position in each duty classification shall equal one hundred fourteen and twelve hundredths percent (114.12%) of Step 1. (6) Step 5 of each class of position in each duty classification shall equal one hundred nineteen and one-quarter percent (119.25%) of Step 1. (7) Step 6 of each class of position in each duty classification shall equal one hundred twenty-four and sixty-two hundredths percent (124.62%) of Step 1. (8) Step 7 of each class of position in each duty classification shall equal one hundred thirty and twenty-three hundredths percent (130.23%) of Step 1. (9) Step 8 of each class of position in each duty classification shall equal one hundred thirty-six and nine hundredths percent (136.09%) of Step 1. (10) Step 9 of each class of position in each duty classification shall equal one hundred forty-two and twenty-one hundredths percent (142.21%) of Step 1. (11) Step 10 of each class of position in each duty classification shall equal one hundred forty-eight and sixty-one hundredths percent (148.61%) of Step 1. (b) (1) In determining the compensation paid in each adjacent state for each class of position in each duty classification, the survey shall not include any employment benefits other than direct compensation, and shall not include any longevity pay unless such pay is a normal part of the monthly base pay schedule. (2) In determining the compensation paid in each adjacent state for each class of position for the duty classifications within the division of motor vehicle enforcement, the survey shall not include any personnel from an adjacent state who are not commissioned members of a state organization, regardless of any similarity of duties, and shall not include any personnel from an adjacent state who are commissioned members of a state police or highway patrol organization. Acts 1986, ch. 935, § 4; 1987, ch. 245, § 1.
(a) (1) The survey shall determine the lowest step in the range in each adjacent state for each class of position in each duty classification, and from such data determine the average compensation paid in the adjacent states for each class of position in each duty classification. (2) The survey shall establish a ten-step range in each class of position in each duty classification. The amount of average compensation as determined in this section shall equal Step 1 of each class of position in each duty classification. (3) Step 2 of each class of position in each duty classification shall equal one hundred four and one-half percent (104.5%) of Step 1. (4) Step 3 of each class of position in each duty classification shall equal one hundred nine and two-tenths percent (109.2%) of Step 1. (5) Step 4 of each class of position in each duty classification shall equal one hundred fourteen and twelve hundredths percent (114.12%) of Step 1. (6) Step 5 of each class of position in each duty classification shall equal one hundred nineteen and one-quarter percent (119.25%) of Step 1. (7) Step 6 of each class of position in each duty classification shall equal one hundred twenty-four and sixty-two hundredths percent (124.62%) of Step 1. (8) Step 7 of each class of position in each duty classification shall equal one hundred thirty and twenty-three hundredths percent (130.23%) of Step 1. (9) Step 8 of each class of position in each duty classification shall equal one hundred thirty-six and nine hundredths percent (136.09%) of Step 1. (10) Step 9 of each class of position in each duty classification shall equal one hundred forty-two and twenty-one hundredths percent (142.21%) of Step 1. (11) Step 10 of each class of position in each duty classification shall equal one hundred forty-eight and sixty-one hundredths percent (148.61%) of Step 1.
(1) The survey shall determine the lowest step in the range in each adjacent state for each class of position in each duty classification, and from such data determine the average compensation paid in the adjacent states for each class of position in each duty classification.
(2) The survey shall establish a ten-step range in each class of position in each duty classification. The amount of average compensation as determined in this section shall equal Step 1 of each class of position in each duty classification.
(3) Step 2 of each class of position in each duty classification shall equal one hundred four and one-half percent (104.5%) of Step 1.
(4) Step 3 of each class of position in each duty classification shall equal one hundred nine and two-tenths percent (109.2%) of Step 1.
(5) Step 4 of each class of position in each duty classification shall equal one hundred fourteen and twelve hundredths percent (114.12%) of Step 1.
(6) Step 5 of each class of position in each duty classification shall equal one hundred nineteen and one-quarter percent (119.25%) of Step 1.
(7) Step 6 of each class of position in each duty classification shall equal one hundred twenty-four and sixty-two hundredths percent (124.62%) of Step 1.
(8) Step 7 of each class of position in each duty classification shall equal one hundred thirty and twenty-three hundredths percent (130.23%) of Step 1.
(9) Step 8 of each class of position in each duty classification shall equal one hundred thirty-six and nine hundredths percent (136.09%) of Step 1.
(10) Step 9 of each class of position in each duty classification shall equal one hundred forty-two and twenty-one hundredths percent (142.21%) of Step 1.
(11) Step 10 of each class of position in each duty classification shall equal one hundred forty-eight and sixty-one hundredths percent (148.61%) of Step 1.
(b) (1) In determining the compensation paid in each adjacent state for each class of position in each duty classification, the survey shall not include any employment benefits other than direct compensation, and shall not include any longevity pay unless such pay is a normal part of the monthly base pay schedule. (2) In determining the compensation paid in each adjacent state for each class of position for the duty classifications within the division of motor vehicle enforcement, the survey shall not include any personnel from an adjacent state who are not commissioned members of a state organization, regardless of any similarity of duties, and shall not include any personnel from an adjacent state who are commissioned members of a state police or highway patrol organization.
(1) In determining the compensation paid in each adjacent state for each class of position in each duty classification, the survey shall not include any employment benefits other than direct compensation, and shall not include any longevity pay unless such pay is a normal part of the monthly base pay schedule.
(2) In determining the compensation paid in each adjacent state for each class of position for the duty classifications within the division of motor vehicle enforcement, the survey shall not include any personnel from an adjacent state who are not commissioned members of a state organization, regardless of any similarity of duties, and shall not include any personnel from an adjacent state who are commissioned members of a state police or highway patrol organization.
Acts 1986, ch. 935, § 4; 1987, ch. 245, § 1.