Tenn. Code Ann. § 9-21-316 — TN Code / Title 9 / Chapter 21 / Section 9-21-316
Remedies cumulative - Effect of abandonment or nonexercise of right or remedy
Status: in_force

No remedy conferred by this part upon any holder of revenue bonds, or any trustee therefor, is intended to be exclusive of any other remedy, but each remedy is cumulative and in addition to every other remedy and may be exercised without exhausting and without regard to any other remedy conferred by this chapter or by any other law. No waiver of any default or breach of duty or contract, whether by any holder of bonds, or any trustee therefor, shall extend to or shall affect any subsequent default or breach of duty or contract or shall impair any rights or remedies thereon. No delay or omission of any revenue bondholder or any trustee therefor to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default. Every substantive right and every remedy, conferred upon the holders of revenue bonds, may be enforced and exercised from time to time and as often as may be deemed expedient. In case any suit, action or proceeding to enforce any right or exercise any remedy shall be brought or taken and then discontinued or abandoned, or shall be determined adversely to the holder of the revenue bonds, or any trustee therefor, then and in every such case the local government and such holder, or such trustee, shall be restored to their former positions and rights and remedies as if no such suit, action or proceeding had been brought or taken. Nothing herein shall be construed as denying to any such suit or decree rendered therein such force as it would otherwise have by virtue of the legal doctrine of res judicata. Acts 1986, ch. 770, § 3-16.
No remedy conferred by this part upon any holder of revenue bonds, or any trustee therefor, is intended to be exclusive of any other remedy, but each remedy is cumulative and in addition to every other remedy and may be exercised without exhausting and without regard to any other remedy conferred by this chapter or by any other law. No waiver of any default or breach of duty or contract, whether by any holder of bonds, or any trustee therefor, shall extend to or shall affect any subsequent default or breach of duty or contract or shall impair any rights or remedies thereon. No delay or omission of any revenue bondholder or any trustee therefor to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default. Every substantive right and every remedy, conferred upon the holders of revenue bonds, may be enforced and exercised from time to time and as often as may be deemed expedient. In case any suit, action or proceeding to enforce any right or exercise any remedy shall be brought or taken and then discontinued or abandoned, or shall be determined adversely to the holder of the revenue bonds, or any trustee therefor, then and in every such case the local government and such holder, or such trustee, shall be restored to their former positions and rights and remedies as if no such suit, action or proceeding had been brought or taken. Nothing herein shall be construed as denying to any such suit or decree rendered therein such force as it would otherwise have by virtue of the legal doctrine of res judicata.
Acts 1986, ch. 770, § 3-16.
Tenn. Code Ann. § 9-9-207 — TN Code / Title 9 / Chapter 9 / Section 9-9-207
Issuance of refunding bonds
Status: in_force

(a) The funding board may issue general obligation refunding bonds to refund outstanding obligations previously issued under the authority of this chapter, upon the determination by the board that such bonds are necessary: (1) To accomplish cost savings to the public; (2) For the administrative convenience of the board; (3) To pay or discharge all or any part of an issue or series of bonds, including any interest thereon, in arrears or to become due and for the payment of which sufficient funds are not available; or (4) To eliminate bond covenants that have been determined to be burdensome to the state due to a change in circumstances if such elimination is not otherwise prohibited by law. Such determination shall be clearly stated in any resolution authorizing such refunding bonds and shall be conclusive. (b) The refunding bonds may be issued to pay or provide for the payment of principal, redemption premium, and accrued interest on the bonds to be refunded, and expenses related to the issuance of the refunding bonds, including discount and costs of issuance. (c) Refunding bonds may be sold as determined by the funding board, at public or private sale, in accordance with this chapter. Amended by 2013 Tenn. Acts, ch. 176,s 9, eff. 7/1/2013. Acts 1937, ch. 165, § 13 (Williams, § 1811.24); modified; impl. am. Acts 1959, ch. 9, § 8; Acts 1977, ch. 3, § 4; T.C.A. (orig. ed.), § 9-914; Acts 1998, ch. 582, § 4.
(a) The funding board may issue general obligation refunding bonds to refund outstanding obligations previously issued under the authority of this chapter, upon the determination by the board that such bonds are necessary: (1) To accomplish cost savings to the public; (2) For the administrative convenience of the board; (3) To pay or discharge all or any part of an issue or series of bonds, including any interest thereon, in arrears or to become due and for the payment of which sufficient funds are not available; or (4) To eliminate bond covenants that have been determined to be burdensome to the state due to a change in circumstances if such elimination is not otherwise prohibited by law. Such determination shall be clearly stated in any resolution authorizing such refunding bonds and shall be conclusive.
(1) To accomplish cost savings to the public;
(2) For the administrative convenience of the board;
(3) To pay or discharge all or any part of an issue or series of bonds, including any interest thereon, in arrears or to become due and for the payment of which sufficient funds are not available; or
(4) To eliminate bond covenants that have been determined to be burdensome to the state due to a change in circumstances if such elimination is not otherwise prohibited by law. Such determination shall be clearly stated in any resolution authorizing such refunding bonds and shall be conclusive.
(b) The refunding bonds may be issued to pay or provide for the payment of principal, redemption premium, and accrued interest on the bonds to be refunded, and expenses related to the issuance of the refunding bonds, including discount and costs of issuance.
(c) Refunding bonds may be sold as determined by the funding board, at public or private sale, in accordance with this chapter.
Amended by 2013 Tenn. Acts, ch. 176,s 9, eff. 7/1/2013.
Acts 1937, ch. 165, § 13 (Williams, § 1811.24); modified; impl. am. Acts 1959, ch. 9, § 8; Acts 1977, ch. 3, § 4; T.C.A. (orig. ed.), § 9-914; Acts 1998, ch. 582, § 4.
Tenn. Code Ann. § 9-1-106 — TN Code / Title 9 / Chapter 1 / Section 9-1-106
Negotiability of public bonds
Status: in_force

The negotiability of all bonds issued by this state, any county, municipal corporation or other subdivision or public agency thereof shall be governed by the Uniform Commercial Code - Investment Securities, compiled in title 47, chapter 8, any other statute to the contrary notwithstanding. Acts 1963, ch. 152, § 1; T.C.A., § 9-106.
The negotiability of all bonds issued by this state, any county, municipal corporation or other subdivision or public agency thereof shall be governed by the Uniform Commercial Code - Investment Securities, compiled in title 47, chapter 8, any other statute to the contrary notwithstanding.
Acts 1963, ch. 152, § 1; T.C.A., § 9-106.
Tenn. Code Ann. § 9-24-106 — TN Code / Title 9 / Chapter 24 / Section 9-24-106
Applicability clause
Status: in_force

The terms of this chapter apply to any lease financing authorized by a governing body of a public entity on or after January 1, 2022. Added by 2021 Tenn. Acts, ch. 196, s 1, eff. 4/22/2021.
The terms of this chapter apply to any lease financing authorized by a governing body of a public entity on or after January 1, 2022.
Added by 2021 Tenn. Acts, ch. 196, s 1, eff. 4/22/2021.
Tenn. Code Ann. § 9-8-306 — TN Code / Title 9 / Chapter 8 / Section 9-8-306
Promulgation of rules and regulations
Status: in_force

The commission is authorized to promulgate rules and regulations not inconsistent with this chapter in order for it to fulfill its duties in an orderly and efficient manner. Acts 1984, ch. 972, § 7.
The commission is authorized to promulgate rules and regulations not inconsistent with this chapter in order for it to fulfill its duties in an orderly and efficient manner.
Acts 1984, ch. 972, § 7.
Tenn. Code Ann. § 9-21-201 — TN Code / Title 9 / Chapter 21 / Section 9-21-201
Authorization for the issuance of general obligation bonds
Status: in_force

(a) (1) Any local government is authorized to issue general obligation bonds under this part and part 1 of this chapter for a public works project. (2) "General obligation bonds" mean those bonds in which the local government incurs a definite and absolute obligation by pledging the full faith, credit and unlimited taxing power of the local government as to all taxable property in the local government or of a portion of the local government, if applicable, to the payment of the principal of and interest on such bonds. (b) The bonds may be sold in such blocks as the governing body may by resolution determine. Acts 1986, ch. 770, § 2-1.
(a) (1) Any local government is authorized to issue general obligation bonds under this part and part 1 of this chapter for a public works project. (2) "General obligation bonds" mean those bonds in which the local government incurs a definite and absolute obligation by pledging the full faith, credit and unlimited taxing power of the local government as to all taxable property in the local government or of a portion of the local government, if applicable, to the payment of the principal of and interest on such bonds.
(1) Any local government is authorized to issue general obligation bonds under this part and part 1 of this chapter for a public works project.
(2) "General obligation bonds" mean those bonds in which the local government incurs a definite and absolute obligation by pledging the full faith, credit and unlimited taxing power of the local government as to all taxable property in the local government or of a portion of the local government, if applicable, to the payment of the principal of and interest on such bonds.
(b) The bonds may be sold in such blocks as the governing body may by resolution determine.
Acts 1986, ch. 770, § 2-1.
Tenn. Code Ann. § 9-3-211 — TN Code / Title 9 / Chapter 3 / Section 9-3-211
Annual audit in each political subdivision and special taxing district
Status: in_force

(a) An annual audit of financial records and transactions covering each fiscal year shall be made of each department, office, agency, division or board which is charged with the care and control of public funds, in each political subdivision and special taxing district and which is not now required by law to be audited by the office of the comptroller of the treasury. (b) Such audit for each fiscal year shall be made and completed no later than the close of the succeeding year. (c) All audits performed by internal audit staffs of any such department, office, agency, division or board shall be conducted in accordance with the standards established by the comptroller of the treasury, pursuant to § 4-3-304(9) . Acts 1961, ch. 233, § 1; T.C.A., § 9-313; Acts 1984, ch. 794, § 5; T.C.A., § 9-3-111; Acts 1985, ch. 118, § 8.
(a) An annual audit of financial records and transactions covering each fiscal year shall be made of each department, office, agency, division or board which is charged with the care and control of public funds, in each political subdivision and special taxing district and which is not now required by law to be audited by the office of the comptroller of the treasury.
(b) Such audit for each fiscal year shall be made and completed no later than the close of the succeeding year.
(c) All audits performed by internal audit staffs of any such department, office, agency, division or board shall be conducted in accordance with the standards established by the comptroller of the treasury, pursuant to § 4-3-304(9) .
Acts 1961, ch. 233, § 1; T.C.A., § 9-313; Acts 1984, ch. 794, § 5; T.C.A., § 9-3-111; Acts 1985, ch. 118, § 8.
Tenn. Code Ann. § 9-4-1206 — TN Code / Title 9 / Chapter 4 / Section 9-4-1206
Annual financial reports
Status: in_force

The trustees shall prepare annual financial reports following the close of each fiscal year relative to the activities of the trust. The annual reports, all books, accounts, and financial records of the trust shall be subject to audit by the comptroller of the treasury. Added by 2017 Tenn. Acts, ch. 374,s 8, eff. 5/11/2017.
The trustees shall prepare annual financial reports following the close of each fiscal year relative to the activities of the trust. The annual reports, all books, accounts, and financial records of the trust shall be subject to audit by the comptroller of the treasury.
Added by 2017 Tenn. Acts, ch. 374,s 8, eff. 5/11/2017.
Tenn. Code Ann. § 9-21-112 — TN Code / Title 9 / Chapter 21 / Section 9-21-112
Interim certificates
Status: in_force

Pending the preparation or delivery of definitive bonds or notes under this chapter, interim certificates or other temporary obligations may be issued by the local government to the purchaser of the bonds or notes. The interim certificates or other temporary obligations shall be in such form and contain such terms, conditions and provisions as the governing body of the local government may determine. Acts 1986, ch. 770, § 1-12.
Pending the preparation or delivery of definitive bonds or notes under this chapter, interim certificates or other temporary obligations may be issued by the local government to the purchaser of the bonds or notes. The interim certificates or other temporary obligations shall be in such form and contain such terms, conditions and provisions as the governing body of the local government may determine.
Acts 1986, ch. 770, § 1-12.
Tenn. Code Ann. § 9-21-904 — TN Code / Title 9 / Chapter 21 / Section 9-21-904
Maximum amount of principal for which general obligation refunding bonds may be issued
Status: in_force

(a) The principal amount of any issue of general obligation refunding bonds shall not exceed the sum of the following: (1) The principal amount of the outstanding obligations to be refunded; provided, that general obligation refunding bonds may be issued in such amounts to permit any part of the bonds to reflect a zero (0) rate of interest on an original issue discount; (2) The redemption premium, if any, thereon; (3) The interest due and payable on such outstanding obligations to and including the first or any subsequent available redemption date or dates selected, in its discretion, by the governing body, or to the date or dates of maturity, whichever shall be determined by the governing body to be most advantageous or necessary to the local government; and (4) Any expenses of the issuance and sale of such general obligation refunding bonds, including bond discount, credit enhancement, engraving, printing, and advertising fees, the creation of initial debt service reserve funds, and reasonable and necessary fees of financial and legal advisors deemed by the governing body to be necessary for the issuance of the general obligation refunding bonds. (b) Any money in a sinking or reserve fund or other fund for the obligations to be refunded may be used for the purposes stated in subdivisions (a)(1)-(4) or may be deposited in a sinking fund or reserve fund or other fund for the refunding bonds. Acts 1986, ch. 770, § 9-4; 1987, ch. 77, § 13.
(a) The principal amount of any issue of general obligation refunding bonds shall not exceed the sum of the following: (1) The principal amount of the outstanding obligations to be refunded; provided, that general obligation refunding bonds may be issued in such amounts to permit any part of the bonds to reflect a zero (0) rate of interest on an original issue discount; (2) The redemption premium, if any, thereon; (3) The interest due and payable on such outstanding obligations to and including the first or any subsequent available redemption date or dates selected, in its discretion, by the governing body, or to the date or dates of maturity, whichever shall be determined by the governing body to be most advantageous or necessary to the local government; and (4) Any expenses of the issuance and sale of such general obligation refunding bonds, including bond discount, credit enhancement, engraving, printing, and advertising fees, the creation of initial debt service reserve funds, and reasonable and necessary fees of financial and legal advisors deemed by the governing body to be necessary for the issuance of the general obligation refunding bonds.
(1) The principal amount of the outstanding obligations to be refunded; provided, that general obligation refunding bonds may be issued in such amounts to permit any part of the bonds to reflect a zero (0) rate of interest on an original issue discount;
(2) The redemption premium, if any, thereon;
(3) The interest due and payable on such outstanding obligations to and including the first or any subsequent available redemption date or dates selected, in its discretion, by the governing body, or to the date or dates of maturity, whichever shall be determined by the governing body to be most advantageous or necessary to the local government; and
(4) Any expenses of the issuance and sale of such general obligation refunding bonds, including bond discount, credit enhancement, engraving, printing, and advertising fees, the creation of initial debt service reserve funds, and reasonable and necessary fees of financial and legal advisors deemed by the governing body to be necessary for the issuance of the general obligation refunding bonds.
(b) Any money in a sinking or reserve fund or other fund for the obligations to be refunded may be used for the purposes stated in subdivisions (a)(1)-(4) or may be deposited in a sinking fund or reserve fund or other fund for the refunding bonds.
Acts 1986, ch. 770, § 9-4; 1987, ch. 77, § 13.
Tenn. Code Ann. § 9-1-119 — TN Code / Title 9 / Chapter 1 / Section 9-1-119
Computer software as equipment for financing purposes
Status: in_force

Whenever the right to issue debt, whether bonds, notes or other obligations, exists for the state of Tennessee, any corporate governmental agency or instrumentality of the state of Tennessee, any county, city, municipal corporation, or other subdivision or public agency or entity thereof to finance capital assets, computer software, whether acquired before, at the same time as, or after the hardware needed for utilization of the software, to the extent accounted for as a capital asset, shall constitute equipment for financing purposes. Acts 2005, ch. 248, § 1.
Whenever the right to issue debt, whether bonds, notes or other obligations, exists for the state of Tennessee, any corporate governmental agency or instrumentality of the state of Tennessee, any county, city, municipal corporation, or other subdivision or public agency or entity thereof to finance capital assets, computer software, whether acquired before, at the same time as, or after the hardware needed for utilization of the software, to the extent accounted for as a capital asset, shall constitute equipment for financing purposes.
Acts 2005, ch. 248, § 1.
Tenn. Code Ann. § 9-9-205 — TN Code / Title 9 / Chapter 9 / Section 9-9-205
Sale of bonds - Appropriation of funds in lieu of sale of bonds
Status: in_force

(a) Any and all bonds issued by the funding board shall be sold in such manner and at such times as may be approved by the funding board. (b) If there are unappropriated funds in the general fund, highway fund or state debt service fund of the state sufficient to defray the cost of the betterments, improvements, buildings, and projects for which bonds shall have been authorized, or any part thereof, then the funding board may request an allocation from such unappropriated funds in lieu of issuing bonds in such amount. There is hereby appropriated upon any such request of the funding board from the general fund, highway fund or state debt service fund a sum sufficient to pay the cost, or any part thereof, of such betterments, improvements, buildings, and projects, as the funding board shall have been authorized to finance through the issuance of bonds. For the purposes of this section, the use of highway funds shall be limited to highway projects. (c) Notwithstanding the foregoing, if there are notes of the state outstanding that were issued in anticipation of the issuance of bonds that mature without having been funded by the issuance of bonds, the funding board shall, without further authorization, apply funds appropriated to the state debt service fund for amortization of authorized and unissued bonds not required for the payment of principal of and interest on bonds which have been issued to the retirement of a like amount of principal or interest on such notes. There is hereby appropriated from such funds in the state debt service fund a sum sufficient to retire the principal of and interest on such notes, and, upon the retirement of such principal, the authorization for the issuance of such principal amount of the bonds for the purposes for which the notes were issued shall become void. Amended by 2016 Tenn. Acts, ch. 849,s 1, eff. 4/19/2016. Acts 1957, ch. 186, § 3; 1977, ch. 3, § 9; T.C.A., § 9-923; Acts 1982, ch. 833, §§ 1, 2; 1998, ch. 582, § 3; 2003, ch. 10, § 1; 2009, ch. 4, § 1; 2010, ch. 982, § 3; 2012, ch. 572, § 1.
(a) Any and all bonds issued by the funding board shall be sold in such manner and at such times as may be approved by the funding board.
(b) If there are unappropriated funds in the general fund, highway fund or state debt service fund of the state sufficient to defray the cost of the betterments, improvements, buildings, and projects for which bonds shall have been authorized, or any part thereof, then the funding board may request an allocation from such unappropriated funds in lieu of issuing bonds in such amount. There is hereby appropriated upon any such request of the funding board from the general fund, highway fund or state debt service fund a sum sufficient to pay the cost, or any part thereof, of such betterments, improvements, buildings, and projects, as the funding board shall have been authorized to finance through the issuance of bonds. For the purposes of this section, the use of highway funds shall be limited to highway projects.
(c) Notwithstanding the foregoing, if there are notes of the state outstanding that were issued in anticipation of the issuance of bonds that mature without having been funded by the issuance of bonds, the funding board shall, without further authorization, apply funds appropriated to the state debt service fund for amortization of authorized and unissued bonds not required for the payment of principal of and interest on bonds which have been issued to the retirement of a like amount of principal or interest on such notes. There is hereby appropriated from such funds in the state debt service fund a sum sufficient to retire the principal of and interest on such notes, and, upon the retirement of such principal, the authorization for the issuance of such principal amount of the bonds for the purposes for which the notes were issued shall become void.
Amended by 2016 Tenn. Acts, ch. 849,s 1, eff. 4/19/2016.
Acts 1957, ch. 186, § 3; 1977, ch. 3, § 9; T.C.A., § 9-923; Acts 1982, ch. 833, §§ 1, 2; 1998, ch. 582, § 3; 2003, ch. 10, § 1; 2009, ch. 4, § 1; 2010, ch. 982, § 3; 2012, ch. 572, § 1.
Tenn. Code Ann. § 9-21-907 — TN Code / Title 9 / Chapter 21 / Section 9-21-907
Terms of general obligation refunding bonds
Status: in_force

(a) The general obligation refunding bonds may be sold in one (1) or more series, may bear such date or dates, shall mature at such time or times not exceeding forty (40) years from their respective dates, may bear interest at a zero (0) rate or at such other rate or rates (which may vary from time to time), may be payable at such time or times, may be in such denomination or denominations, may be in such form, either coupon or registered, may carry such registration and conversion privileges, may be executed in such manner, may be payable in such medium of payment at such place or places, may be subject to such terms of redemption with or without a premium, and may provide for the replacement of mutilated, destroyed, stolen, or lost bonds, all as may be provided by resolution of the governing body. (b) A general obligation refunding bond issue may be delivered as an installment bond payable as to principal and interest in equal or approximately equal installments for the term of the installment bond issue in accordance with the resolution authorizing the bond issue. The authorizing resolution shall stipulate the annual principal and interest requirements during the full term of the bond issue. (c) With respect to all or any portion of any issue of general obligation refunding bonds issued or anticipated to be issued hereunder, at any time during the term of the general obligation refunding bonds, and upon receipt of a report of the comptroller of the treasury or the comptroller's designee finding that the contracts and agreements authorized herein are in compliance with the guidelines, rules or regulations adopted or promulgated by the state funding board, as set forth in § 9-21-130 , a local government by resolution may authorize and enter into interest rate swap or exchange agreements, agreements establishing interest rate floors or ceilings or both, and other interest rate hedging agreements under such terms and conditions as the governing body of the local government may determine, including, without limitation, provisions permitting the local government to pay to or receive from any person or entity any loss of benefits under such agreement upon early termination thereof or default under such agreement. Acts 1986, ch. 770, § 9-7; 1999, ch. 432, § 7; 2001, ch. 253, § 10.
(a) The general obligation refunding bonds may be sold in one (1) or more series, may bear such date or dates, shall mature at such time or times not exceeding forty (40) years from their respective dates, may bear interest at a zero (0) rate or at such other rate or rates (which may vary from time to time), may be payable at such time or times, may be in such denomination or denominations, may be in such form, either coupon or registered, may carry such registration and conversion privileges, may be executed in such manner, may be payable in such medium of payment at such place or places, may be subject to such terms of redemption with or without a premium, and may provide for the replacement of mutilated, destroyed, stolen, or lost bonds, all as may be provided by resolution of the governing body.
(b) A general obligation refunding bond issue may be delivered as an installment bond payable as to principal and interest in equal or approximately equal installments for the term of the installment bond issue in accordance with the resolution authorizing the bond issue. The authorizing resolution shall stipulate the annual principal and interest requirements during the full term of the bond issue.
(c) With respect to all or any portion of any issue of general obligation refunding bonds issued or anticipated to be issued hereunder, at any time during the term of the general obligation refunding bonds, and upon receipt of a report of the comptroller of the treasury or the comptroller's designee finding that the contracts and agreements authorized herein are in compliance with the guidelines, rules or regulations adopted or promulgated by the state funding board, as set forth in § 9-21-130 , a local government by resolution may authorize and enter into interest rate swap or exchange agreements, agreements establishing interest rate floors or ceilings or both, and other interest rate hedging agreements under such terms and conditions as the governing body of the local government may determine, including, without limitation, provisions permitting the local government to pay to or receive from any person or entity any loss of benefits under such agreement upon early termination thereof or default under such agreement.
Acts 1986, ch. 770, § 9-7; 1999, ch. 432, § 7; 2001, ch. 253, § 10.
Tenn. Code Ann. § 9-21-121 — TN Code / Title 9 / Chapter 21 / Section 9-21-121
Impairment of contract
Status: in_force

Nothing in this chapter shall be deemed in any way to alter the terms of any agreements made with the holders of any outstanding bonds or notes of the local government or to authorize the local government to alter the terms of any such agreements, or to impair, or to authorize the local government to impair, the rights and remedies of any creditors of the local government. Acts 1986, ch. 770, § 1-21.
Nothing in this chapter shall be deemed in any way to alter the terms of any agreements made with the holders of any outstanding bonds or notes of the local government or to authorize the local government to alter the terms of any such agreements, or to impair, or to authorize the local government to impair, the rights and remedies of any creditors of the local government.
Acts 1986, ch. 770, § 1-21.
Tenn. Code Ann. § 9-4-5405 — TN Code / Title 9 / Chapter 4 / Section 9-4-5405
Compliance - Financial costs
Status: in_force

The head of each state agency shall be responsible for ensuring compliance with this part, with the financial costs of compliance being assumed by each state agency. Acts 1996, ch. 1062, § 5; T.C.A. § 9-6-405.
The head of each state agency shall be responsible for ensuring compliance with this part, with the financial costs of compliance being assumed by each state agency.
Acts 1996, ch. 1062, § 5; T.C.A. § 9-6-405.
Tenn. Code Ann. § 9-4-5601 — TN Code / Title 9 / Chapter 4 / Section 9-4-5601
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Governmental Accountability Act of 2013." Amended by 2013 Tenn. Acts, ch. 243,s 7, eff. 4/19/2013. Acts 2002, ch. 875, § 1.
This part shall be known and may be cited as the "Tennessee Governmental Accountability Act of 2013."
Amended by 2013 Tenn. Acts, ch. 243,s 7, eff. 4/19/2013.
Acts 2002, ch. 875, § 1.
Tenn. Code Ann. § 9-21-125 — TN Code / Title 9 / Chapter 21 / Section 9-21-125
Effectiveness and priority of pledges and liens
Status: in_force

(a) (1) Any pledge of, or lien on, revenues, fees, rents, tolls or other charges received or receivable by any local government to secure the payment of any bonds or notes issued by a local government pursuant to this chapter, and the interest thereon, shall be valid and binding from the time that the pledge or lien is created or granted and shall inure to the benefit of the holder or holders of any such bonds or notes until the payment in full of the principal thereof and premium and interest thereon. (2) The priority of any pledge or lien with respect to competing pledges or liens shall be determined by the date such pledge or lien is created or granted. (3) Neither the resolution nor any other instrument granting, creating, or giving notice of the pledge or lien need be filed or recorded to preserve or protect the validity or priority of such pledge or lien. (b) This section applies to all pledges of and liens on revenues, fees, rents, tolls or other charges received or receivable by any local government to secure the payment of any bonds or notes issued by a local government, whether created or granted before or after May 22, 1991, except such application does not affect the rights of persons to the extent their relative priorities were intended to be fixed by reference to any other provision of law prior to May 22, 1991. Acts 1991, ch. 403, §§ 1, 2.
(a) (1) Any pledge of, or lien on, revenues, fees, rents, tolls or other charges received or receivable by any local government to secure the payment of any bonds or notes issued by a local government pursuant to this chapter, and the interest thereon, shall be valid and binding from the time that the pledge or lien is created or granted and shall inure to the benefit of the holder or holders of any such bonds or notes until the payment in full of the principal thereof and premium and interest thereon. (2) The priority of any pledge or lien with respect to competing pledges or liens shall be determined by the date such pledge or lien is created or granted. (3) Neither the resolution nor any other instrument granting, creating, or giving notice of the pledge or lien need be filed or recorded to preserve or protect the validity or priority of such pledge or lien.
(1) Any pledge of, or lien on, revenues, fees, rents, tolls or other charges received or receivable by any local government to secure the payment of any bonds or notes issued by a local government pursuant to this chapter, and the interest thereon, shall be valid and binding from the time that the pledge or lien is created or granted and shall inure to the benefit of the holder or holders of any such bonds or notes until the payment in full of the principal thereof and premium and interest thereon.
(2) The priority of any pledge or lien with respect to competing pledges or liens shall be determined by the date such pledge or lien is created or granted.
(3) Neither the resolution nor any other instrument granting, creating, or giving notice of the pledge or lien need be filed or recorded to preserve or protect the validity or priority of such pledge or lien.
(b) This section applies to all pledges of and liens on revenues, fees, rents, tolls or other charges received or receivable by any local government to secure the payment of any bonds or notes issued by a local government, whether created or granted before or after May 22, 1991, except such application does not affect the rights of persons to the extent their relative priorities were intended to be fixed by reference to any other provision of law prior to May 22, 1991.
Acts 1991, ch. 403, §§ 1, 2.
Tenn. Code Ann. § 9-4-1301 — TN Code / Title 9 / Chapter 4 / Section 9-4-1301
Fund established
Status: in_force

(a) The opioid abatement fund is established and funded pursuant to this part. (b) The opioid abatement fund shall operate as an irrevocable trust that the state treasurer shall administer. Amounts in the opioid abatement fund shall not revert to the general fund of the state. The treasurer and attorney general and reporter shall approve the terms of the trust instrument. The terms of the trust instrument shall not be substantively amended except by unanimous approval of the trustees, the opioid abatement council established pursuant to § 33-11-103 , and the attorney general and reporter. Added by 2021 Tenn. Acts, ch. 491, s 2, eff. 5/24/2021.
(a) The opioid abatement fund is established and funded pursuant to this part.
(b) The opioid abatement fund shall operate as an irrevocable trust that the state treasurer shall administer. Amounts in the opioid abatement fund shall not revert to the general fund of the state. The treasurer and attorney general and reporter shall approve the terms of the trust instrument. The terms of the trust instrument shall not be substantively amended except by unanimous approval of the trustees, the opioid abatement council established pursuant to § 33-11-103 , and the attorney general and reporter.
Added by 2021 Tenn. Acts, ch. 491, s 2, eff. 5/24/2021.
Tenn. Code Ann. § 9-11-116 — TN Code / Title 9 / Chapter 11 / Section 9-11-116
Enforcement power of the comptroller of the treasury or comptroller's designee
Status: in_force

The comptroller of the treasury or the comptroller's designee shall require such periodic information from a unit operating under this chapter and make such audits as the comptroller of the treasury or the comptroller's designee deems necessary, to the end that it may be ascertained that the budget of the unit is kept balanced during the life of bonds issued under this chapter. The annual budget of each unit operating under this chapter shall be submitted to the comptroller of the treasury or the comptroller's designee at least three (3) weeks prior to its adoption. The comptroller of the treasury or the comptroller's designee must thereupon determine whether or not the budget will be in balance in accordance with this chapter. If the budget does not comply with this chapter, the comptroller of the treasury or the comptroller's designee shall have the power and authority to direct the governing body of the unit to adjust its estimates or to make additional tax levies sufficient to comply with this chapter. No budget shall be adopted by the governing body of a unit which shall have issued bonds under this chapter until it shall have been approved by the comptroller of the treasury or the comptroller's designee. The comptroller of the treasury or the comptroller's designee shall approve the budget only when the comptroller of the treasury or the comptroller's designee is satisfied that it complies with this chapter. Acts 1937, ch. 300, § 17; C. Supp. 1950, § 3516.26 (Williams, § 3516.27); T.C.A. (orig. ed.), §9-1116; Acts 2010 , ch. 868, § 34.
The comptroller of the treasury or the comptroller's designee shall require such periodic information from a unit operating under this chapter and make such audits as the comptroller of the treasury or the comptroller's designee deems necessary, to the end that it may be ascertained that the budget of the unit is kept balanced during the life of bonds issued under this chapter. The annual budget of each unit operating under this chapter shall be submitted to the comptroller of the treasury or the comptroller's designee at least three (3) weeks prior to its adoption. The comptroller of the treasury or the comptroller's designee must thereupon determine whether or not the budget will be in balance in accordance with this chapter. If the budget does not comply with this chapter, the comptroller of the treasury or the comptroller's designee shall have the power and authority to direct the governing body of the unit to adjust its estimates or to make additional tax levies sufficient to comply with this chapter. No budget shall be adopted by the governing body of a unit which shall have issued bonds under this chapter until it shall have been approved by the comptroller of the treasury or the comptroller's designee. The comptroller of the treasury or the comptroller's designee shall approve the budget only when the comptroller of the treasury or the comptroller's designee is satisfied that it complies with this chapter.
Acts 1937, ch. 300, § 17; C. Supp. 1950, § 3516.26 (Williams, § 3516.27); T.C.A. (orig. ed.), §9-1116; Acts 2010 , ch. 868, § 34.
Tenn. Code Ann. § 9-4-303 — TN Code / Title 9 / Chapter 4 / Section 9-4-303
Educational institutions
Status: in_force

Sections 9-4-301 and 9-4-302 shall not apply to institutions and other entities governed by the board of trustees of the University of Tennessee or the state board of regents. Those institutions and other entities shall operate in accordance with procedures established by their respective governing boards which are consistent with the provisions regulating other state agencies. The institutions and other entities governed by the board of trustees of the University of Tennessee or the state board of regents may participate in the state pooled investment fund established pursuant to § 9-4-603 . Acts 1985, ch. 118, § 26; 1986, ch. 551, § 3.
Sections 9-4-301 and 9-4-302 shall not apply to institutions and other entities governed by the board of trustees of the University of Tennessee or the state board of regents. Those institutions and other entities shall operate in accordance with procedures established by their respective governing boards which are consistent with the provisions regulating other state agencies. The institutions and other entities governed by the board of trustees of the University of Tennessee or the state board of regents may participate in the state pooled investment fund established pursuant to § 9-4-603 .
Acts 1985, ch. 118, § 26; 1986, ch. 551, § 3.
Tenn. Code Ann. § 9-4-401 — TN Code / Title 9 / Chapter 4 / Section 9-4-401
Preference in insolvency
Status: in_force

In the liquidation of insolvent state depositories, the return of all state deposits, including funds held in trust by state officials, shall be preferred in payment. Acts 1985, ch. 118, § 31.
In the liquidation of insolvent state depositories, the return of all state deposits, including funds held in trust by state officials, shall be preferred in payment.
Acts 1985, ch. 118, § 31.
Tenn. Code Ann. § 9-21-312 — TN Code / Title 9 / Chapter 21 / Section 9-21-312
Judicial supervision of receiver
Status: in_force

The receiver shall, in the performance of the powers conferred upon such receiver, act under the direction and supervision of the court making the appointment, and shall at all times be subject to the orders and decrees of the court, and may be removed by the court. Nothing contained in this chapter shall limit or restrict the jurisdiction of the court to enter such other and further orders and decrees as the court may deem necessary or appropriate for the exercise by the receiver of any functions specifically set forth in this part. Acts 1986, ch. 770, § 3-12.
The receiver shall, in the performance of the powers conferred upon such receiver, act under the direction and supervision of the court making the appointment, and shall at all times be subject to the orders and decrees of the court, and may be removed by the court. Nothing contained in this chapter shall limit or restrict the jurisdiction of the court to enter such other and further orders and decrees as the court may deem necessary or appropriate for the exercise by the receiver of any functions specifically set forth in this part.
Acts 1986, ch. 770, § 3-12.
Tenn. Code Ann. § 9-9-118 — TN Code / Title 9 / Chapter 9 / Section 9-9-118
Authority to establish guidelines, rules and regulations
Status: in_force

The state funding board is authorized to establish guidelines, rules or regulations with respect to certain agreements and contracts facilitating the issuance and sale of debt by governmental entities established by private act, including contracts or agreements providing for liquidity and credit enhancement and reimbursement agreements relating thereto, interest rate swap or exchange agreements, agreements establishing interest rate floors or ceilings or both, other interest rate hedging agreements, and agreements with the purchaser of the debt when such agreements and contracts have been authorized under the private act subject to guidelines of the state funding board. Repealed by 2013 Tenn. Acts, ch. 176,s 7, eff. 7/1/2013. Acts 1937, ch. 165, § 16 (Williams, § 1811.27); 1977, ch. 3, § 8; T.C.A. (orig. ed.), § 9-920.
The state funding board is authorized to establish guidelines, rules or regulations with respect to certain agreements and contracts facilitating the issuance and sale of debt by governmental entities established by private act, including contracts or agreements providing for liquidity and credit enhancement and reimbursement agreements relating thereto, interest rate swap or exchange agreements, agreements establishing interest rate floors or ceilings or both, other interest rate hedging agreements, and agreements with the purchaser of the debt when such agreements and contracts have been authorized under the private act subject to guidelines of the state funding board.
Repealed by 2013 Tenn. Acts, ch. 176,s 7, eff. 7/1/2013.
Acts 1937, ch. 165, § 16 (Williams, § 1811.27); 1977, ch. 3, § 8; T.C.A. (orig. ed.), § 9-920.
Tenn. Code Ann. § 9-21-111 — TN Code / Title 9 / Chapter 21 / Section 9-21-111
Execution of bonds and notes
Status: in_force

(a) Bonds and notes issued under this chapter in registered form shall be executed in the manner provided for in the Tennessee Public Obligations Registration Act, compiled in chapter 19 of this title. (b) Bonds, notes, and any interest coupons attached thereto issued under this chapter which are not in registered form may, if so authorized by the governing body of the local government, bear or be executed with the facsimile signature of the chief executive officer of the local government; provided, that each bond, or note, shall be manually signed by the county clerk, by the city recorder or other similar local government official so authorized by resolution of the governing body of the local government. (c) When an official or corporate seal of the local government, its governing body or of any local government official is required or permitted in the execution of any bond, note or coupon, the seal may be printed, engraved, stamped, or otherwise placed in facsimile thereon. The facsimile seal has the same legal effect as the impression of the seal. (d) In case any official whose signature or facsimile signature appears on the bonds, notes or coupons shall cease to be such official before the delivery of the bonds, notes, or coupons to the purchaser, that signature shall be valid and sufficient for all purposes, as if that official had remained in office until the delivery of the bonds, notes or coupons. Acts 1986, ch. 770, § 1-11; 1987, ch. 77, § 3.
(a) Bonds and notes issued under this chapter in registered form shall be executed in the manner provided for in the Tennessee Public Obligations Registration Act, compiled in chapter 19 of this title.
(b) Bonds, notes, and any interest coupons attached thereto issued under this chapter which are not in registered form may, if so authorized by the governing body of the local government, bear or be executed with the facsimile signature of the chief executive officer of the local government; provided, that each bond, or note, shall be manually signed by the county clerk, by the city recorder or other similar local government official so authorized by resolution of the governing body of the local government.
(c) When an official or corporate seal of the local government, its governing body or of any local government official is required or permitted in the execution of any bond, note or coupon, the seal may be printed, engraved, stamped, or otherwise placed in facsimile thereon. The facsimile seal has the same legal effect as the impression of the seal.
(d) In case any official whose signature or facsimile signature appears on the bonds, notes or coupons shall cease to be such official before the delivery of the bonds, notes, or coupons to the purchaser, that signature shall be valid and sufficient for all purposes, as if that official had remained in office until the delivery of the bonds, notes or coupons.
Acts 1986, ch. 770, § 1-11; 1987, ch. 77, § 3.
Tenn. Code Ann. § 9-21-206 — TN Code / Title 9 / Chapter 21 / Section 9-21-206
Publication of notice
Status: in_force

The initial resolution, together with a notice in substantially the following form, shall be published in full once in a newspaper of general circulation in the local government: NOTICE The foregoing resolution has been adopted. Unless within twenty (20) days from the date of the publication hereof, a petition signed by at least ten percent (10%) of the registered voters of the local government, (or the portion thereof being taxed for the bonds) shall have been filed with the (official charged with maintaining the records of the local government) protesting the issuance of the general obligation bonds, such bonds will be issued as proposed. Acts 1986, ch. 770, § 2-6; 1993, ch. 514, § 1.
The initial resolution, together with a notice in substantially the following form, shall be published in full once in a newspaper of general circulation in the local government:
NOTICE
The foregoing resolution has been adopted. Unless within twenty (20) days from the date of the publication hereof, a petition signed by at least ten percent (10%) of the registered voters of the local government, (or the portion thereof being taxed for the bonds) shall have been filed with the (official charged with maintaining the records of the local government) protesting the issuance of the general obligation bonds, such bonds will be issued as proposed.
Acts 1986, ch. 770, § 2-6; 1993, ch. 514, § 1.
Tenn. Code Ann. § 9-21-612 — TN Code / Title 9 / Chapter 21 / Section 9-21-612
Refunding of capital outlay notes by issuing capital outlay notes
Status: in_force

Capital outlay notes issued pursuant to this part may be refunded by issuing capital outlay notes under this part, in accordance with the requirements and procedures set forth in this part and in §§ 9-21-903 , 9-21-904 , 9-21-910 , 9-21-912 , 9-21-913 and 9-21-914 . The final maturity date of the refunding notes must not be later than the final maturity date of the notes being refunded, unless otherwise approved by the comptroller of the treasury or the comptroller's designee. Amended by 2021 Tenn. Acts, ch. 128, s 20, eff. 4/13/2021. Acts 1994, ch. 806, § 5; T.C.A., § 9-21-917; Acts 1996, ch. 632, § 1; 2005, ch. 393, § 9; 2010 , ch. 868, § 60.
Capital outlay notes issued pursuant to this part may be refunded by issuing capital outlay notes under this part, in accordance with the requirements and procedures set forth in this part and in §§ 9-21-903 , 9-21-904 , 9-21-910 , 9-21-912 , 9-21-913 and 9-21-914 . The final maturity date of the refunding notes must not be later than the final maturity date of the notes being refunded, unless otherwise approved by the comptroller of the treasury or the comptroller's designee.
Amended by 2021 Tenn. Acts, ch. 128, s 20, eff. 4/13/2021.
Acts 1994, ch. 806, § 5; T.C.A., § 9-21-917; Acts 1996, ch. 632, § 1; 2005, ch. 393, § 9; 2010 , ch. 868, § 60.
Tenn. Code Ann. § 9-2-103 — TN Code / Title 9 / Chapter 2 / Section 9-2-103
Receipts required
Status: in_force

Each state, county and municipal official who receives any sum or sums in such official's capacity shall issue to the payer thereof a receipt and shall retain a duplicate thereof in the office of such official; provided, that this provision for official receipts shall not apply to the payment of funds from one department or division of the state government to another such department or division. Any system now in use shall be acceptable if approved by the comptroller of the treasury. Acts 1947, ch. 224, § 1; C. Supp. 1950, § 1902.1; T.C.A. (orig. ed.), § 9-203; Acts 1995, ch. 70, § 1.
Each state, county and municipal official who receives any sum or sums in such official's capacity shall issue to the payer thereof a receipt and shall retain a duplicate thereof in the office of such official; provided, that this provision for official receipts shall not apply to the payment of funds from one department or division of the state government to another such department or division. Any system now in use shall be acceptable if approved by the comptroller of the treasury.
Acts 1947, ch. 224, § 1; C. Supp. 1950, § 1902.1; T.C.A. (orig. ed.), § 9-203; Acts 1995, ch. 70, § 1.
Tenn. Code Ann. § 9-21-129 — TN Code / Title 9 / Chapter 21 / Section 9-21-129
Proceeds to be shared among municipal or special school district systems
Status: in_force

(a) Proceeds from the sale of bonds or notes issued pursuant to this chapter by a county or metropolitan government for school capital outlay purposes shall be shared with any municipal or special school district system within the county or metropolitan government on the same basis as is provided in § 49-3-1003 . The trustee of the county or the treasurer of the metropolitan government shall pay over to the treasurer of the municipality or the special school district that amount of the proceeds which bears the same ratio to the entire amount of proceeds, net of all costs of issuance and sale of the bonds or notes, as the average daily attendance of the year ending June 30 immediately preceding the receipt of the proceeds of the respective municipality or special school district bears to the average daily attendance for the year ending June 30 immediately preceding the receipt of the proceeds of the entire county or metropolitan government. (b) The governing body of such municipality or special school district may, by regularly adopted resolution, waive its right to all or a part of any funds due under this section and return the funds to the trustee of the county or the treasurer of the metropolitan government for the purposes originally provided. (c) The proceeds of any bonds or notes issued for school capital outlay purposes shall not be required to be shared if the county or metropolitan government elects to pay for such bonds or notes pursuant to any applicable provision of § 49-3-1005(b) or (c) . (d) Proceeds required to be shared pursuant to this section shall be shared at the time of the issuance of the bonds or notes. (e) The proceeds of any refunding bonds and notes issued pursuant to part 9 of this chapter to refund bonds or notes issued for school capital outlay purposes, the proceeds of bonds issued to retire capital outlay notes issued for school capital outlay purposes pursuant to part 6 of this chapter, the proceeds of bonds issued to retire bond anticipation notes issued for school capital outlay purposes, and notes issued to renew other notes issued for school capital outlay purposes, shall not be required to be shared as provided herein, unless the bonds or notes to be refunded, refinanced, renewed or extended are payable from taxes levied only upon a portion of the property in a county or metropolitan government as provided in § 49-3-1005(b) , or are payable as provided in § 49-3-1005(c) , and the instruments issued to accomplish such refinancing are payable from taxes to be levied on all taxable property in the county or metropolitan government. Acts 1998, ch. 903, § 2.
(a) Proceeds from the sale of bonds or notes issued pursuant to this chapter by a county or metropolitan government for school capital outlay purposes shall be shared with any municipal or special school district system within the county or metropolitan government on the same basis as is provided in § 49-3-1003 . The trustee of the county or the treasurer of the metropolitan government shall pay over to the treasurer of the municipality or the special school district that amount of the proceeds which bears the same ratio to the entire amount of proceeds, net of all costs of issuance and sale of the bonds or notes, as the average daily attendance of the year ending June 30 immediately preceding the receipt of the proceeds of the respective municipality or special school district bears to the average daily attendance for the year ending June 30 immediately preceding the receipt of the proceeds of the entire county or metropolitan government.
(b) The governing body of such municipality or special school district may, by regularly adopted resolution, waive its right to all or a part of any funds due under this section and return the funds to the trustee of the county or the treasurer of the metropolitan government for the purposes originally provided.
(c) The proceeds of any bonds or notes issued for school capital outlay purposes shall not be required to be shared if the county or metropolitan government elects to pay for such bonds or notes pursuant to any applicable provision of § 49-3-1005(b) or (c) .
(d) Proceeds required to be shared pursuant to this section shall be shared at the time of the issuance of the bonds or notes.
(e) The proceeds of any refunding bonds and notes issued pursuant to part 9 of this chapter to refund bonds or notes issued for school capital outlay purposes, the proceeds of bonds issued to retire capital outlay notes issued for school capital outlay purposes pursuant to part 6 of this chapter, the proceeds of bonds issued to retire bond anticipation notes issued for school capital outlay purposes, and notes issued to renew other notes issued for school capital outlay purposes, shall not be required to be shared as provided herein, unless the bonds or notes to be refunded, refinanced, renewed or extended are payable from taxes levied only upon a portion of the property in a county or metropolitan government as provided in § 49-3-1005(b) , or are payable as provided in § 49-3-1005(c) , and the instruments issued to accomplish such refinancing are payable from taxes to be levied on all taxable property in the county or metropolitan government.
Acts 1998, ch. 903, § 2.
Tenn. Code Ann. § 9-4-1004 — TN Code / Title 9 / Chapter 4 / Section 9-4-1004
Purpose of trust fund - Certification of amount needed to fund benefits - Use of assets
Status: in_force

(a) As provided in this section, the purpose of the pension stabilization reserve trust fund is to protect the participants and beneficiaries of the Hybrid Retirement Plan for State Employees and Teachers from a reduction or loss of benefits through the implementation of the cost controls contained in § 8-36-922(c)(1)(C)-(G) or in § 8-36-922(d)(1) . If in any given year, the total amount in an employer's employer reserve account established pursuant to § 8-36-920(e) is not sufficient to meet the actuarial liabilities for which the employer's employer reserve account was created, then the board of trustees of the Tennessee consolidated retirement system shall certify to the trustees of the trust the amount necessary to fund current benefits as determined by the actuarial valuation performed by the retirement system's actuary. Upon receipt of the certification, the trustees of the trust shall determine whether transferring all or a portion of the requested amount from the employer's stabilization reserve trust account to the applicable employer reserve account of the employer would be in the best interests of the trust beneficiaries. If it is, the trustees shall direct the treasurer to transfer such amount as the trustees shall determine from the employer's stabilization reserve trust account to the applicable employer reserve account of the employer. (b) The assets of the pension stabilization reserve trust fund shall be used exclusively for the purpose set forth in this section and to pay the reasonable expenses incurred in administering and investing the trust assets. Amended by 2018 Tenn. Acts, ch. 590,s 3, eff. 3/22/2018. Added by 2017 Tenn. Acts, ch. 374,s 1, eff. 5/11/2017.
(a) As provided in this section, the purpose of the pension stabilization reserve trust fund is to protect the participants and beneficiaries of the Hybrid Retirement Plan for State Employees and Teachers from a reduction or loss of benefits through the implementation of the cost controls contained in § 8-36-922(c)(1)(C)-(G) or in § 8-36-922(d)(1) . If in any given year, the total amount in an employer's employer reserve account established pursuant to § 8-36-920(e) is not sufficient to meet the actuarial liabilities for which the employer's employer reserve account was created, then the board of trustees of the Tennessee consolidated retirement system shall certify to the trustees of the trust the amount necessary to fund current benefits as determined by the actuarial valuation performed by the retirement system's actuary. Upon receipt of the certification, the trustees of the trust shall determine whether transferring all or a portion of the requested amount from the employer's stabilization reserve trust account to the applicable employer reserve account of the employer would be in the best interests of the trust beneficiaries. If it is, the trustees shall direct the treasurer to transfer such amount as the trustees shall determine from the employer's stabilization reserve trust account to the applicable employer reserve account of the employer.
(b) The assets of the pension stabilization reserve trust fund shall be used exclusively for the purpose set forth in this section and to pay the reasonable expenses incurred in administering and investing the trust assets.
Amended by 2018 Tenn. Acts, ch. 590,s 3, eff. 3/22/2018.
Added by 2017 Tenn. Acts, ch. 374,s 1, eff. 5/11/2017.
Tenn. Code Ann. § 9-23-106 — TN Code / Title 9 / Chapter 23 / Section 9-23-106
Preparation and submission of redevelopment plan information
Status: in_force

(a) After the approval by each applicable taxing agency of a plan, the applicable tax increment agency shall transmit to the appropriate assessor of property for each taxing agency and the chief financial officer of each taxing agency a copy of the description of all property within the area subject to the plan (including parcel numbers with respect to real property), a copy of each resolution of each taxing agency approving the plan and the base tax amount with respect to all property subject to the plan. (b) Each tax increment agency shall also file a copy of the information described in subsection (a) with the comptroller; and by October 1, the tax increment agency shall file with the comptroller an annual statement of all tax increment revenues allocated to the tax increment agency with respect to each active plan. (c) The filing requirements of this section are the only filings required of tax increment agencies subject to this chapter. Amended by 2017 Tenn. Acts, ch. 17,s 1, eff. 3/24/2017. Amended by 2015 Tenn. Acts, ch. 71,s 2, eff. 7/1/2015. Amended by 2015 Tenn. Acts, ch. 71,s 1, eff. 7/1/2015. Acts 2012, ch. 605, § 2.
(a) After the approval by each applicable taxing agency of a plan, the applicable tax increment agency shall transmit to the appropriate assessor of property for each taxing agency and the chief financial officer of each taxing agency a copy of the description of all property within the area subject to the plan (including parcel numbers with respect to real property), a copy of each resolution of each taxing agency approving the plan and the base tax amount with respect to all property subject to the plan.
(b) Each tax increment agency shall also file a copy of the information described in subsection (a) with the comptroller; and by October 1, the tax increment agency shall file with the comptroller an annual statement of all tax increment revenues allocated to the tax increment agency with respect to each active plan.
(c) The filing requirements of this section are the only filings required of tax increment agencies subject to this chapter.
Amended by 2017 Tenn. Acts, ch. 17,s 1, eff. 3/24/2017.
Amended by 2015 Tenn. Acts, ch. 71,s 2, eff. 7/1/2015.
Amended by 2015 Tenn. Acts, ch. 71,s 1, eff. 7/1/2015.
Acts 2012, ch. 605, § 2.
Tenn. Code Ann. § 9-4-703 — TN Code / Title 9 / Chapter 4 / Section 9-4-703
State funding board
Status: in_force

The state funding board may: (1) Establish and reestablish a local government investment pool that is subject to § 9-4-602 , consisting of the aggregate of all participating local government funds placed in the custody of the state treasurer, subsequent to the termination of the fund; (2) Separate the local government investment pool from the state pooled investment fund created under § 9-4-603 ; (3) Suspend accepting deposits into the fund from all participants; (4) Suspend accepting deposits into the fund from some participants on a share or share class basis; (5) Terminate some of the accounts in the fund on a share or share class basis; (6) Terminate the fund in the event that the fund is financially infeasible or is not beneficial to the local governments or the state itself. Before termination can occur, the local government investment pool must be separated from the state pool investment fund, such that two (2) separate funds are established for investment, accounting, and administration purposes. The state funding board shall determine the timing of the fund separation, termination, and wind down, which must be based, in part, on market forces; (7) Liquidate some or all participant accounts upon a partial or total fund suspension or termination by returning some or all funds to participants; (8) Establish limits, restrictions, or conditions on the acceptance of moneys into and the withdrawal of moneys from the fund, including, but not limited to, a minimum contribution amount or a maximum withdrawal amount; (9) Determine whether the local government investment pool funds must be commingled, for investment purposes, with the funds held in the pooled investment fund created under § 9-4-603 , or maintained separately subject to §§ 9-4-602 and 9-4-603 . The commingling of the funds in the local government investment pool with the funds in the pooled investment fund for investment purposes must not prohibit the funds from being established as two (2) separate funds and accounted for separately with accurate and detailed accounting records; (10) Determine the valuation method applied to the fund, which may include, but need not be limited to, stable value or floating net asset value; (11) Delegate the day-to-day administration of the local government investment pool to the state treasurer; and (12) Serve in an advisory capacity to the state treasurer in all matters pertaining to the local government investment pool. Amended by 2022 Tenn. Acts, ch. 824, s 3, eff. 4/14/2022. Acts 1985, ch. 118, § 50; 1997 , ch. 217, § 12.
The state funding board may:
(1) Establish and reestablish a local government investment pool that is subject to § 9-4-602 , consisting of the aggregate of all participating local government funds placed in the custody of the state treasurer, subsequent to the termination of the fund;
(2) Separate the local government investment pool from the state pooled investment fund created under § 9-4-603 ;
(3) Suspend accepting deposits into the fund from all participants;
(4) Suspend accepting deposits into the fund from some participants on a share or share class basis;
(5) Terminate some of the accounts in the fund on a share or share class basis;
(6) Terminate the fund in the event that the fund is financially infeasible or is not beneficial to the local governments or the state itself. Before termination can occur, the local government investment pool must be separated from the state pool investment fund, such that two (2) separate funds are established for investment, accounting, and administration purposes. The state funding board shall determine the timing of the fund separation, termination, and wind down, which must be based, in part, on market forces;
(7) Liquidate some or all participant accounts upon a partial or total fund suspension or termination by returning some or all funds to participants;
(8) Establish limits, restrictions, or conditions on the acceptance of moneys into and the withdrawal of moneys from the fund, including, but not limited to, a minimum contribution amount or a maximum withdrawal amount;
(9) Determine whether the local government investment pool funds must be commingled, for investment purposes, with the funds held in the pooled investment fund created under § 9-4-603 , or maintained separately subject to §§ 9-4-602 and 9-4-603 . The commingling of the funds in the local government investment pool with the funds in the pooled investment fund for investment purposes must not prohibit the funds from being established as two (2) separate funds and accounted for separately with accurate and detailed accounting records;
(10) Determine the valuation method applied to the fund, which may include, but need not be limited to, stable value or floating net asset value;
(11) Delegate the day-to-day administration of the local government investment pool to the state treasurer; and
(12) Serve in an advisory capacity to the state treasurer in all matters pertaining to the local government investment pool.
Amended by 2022 Tenn. Acts, ch. 824, s 3, eff. 4/14/2022.
Acts 1985, ch. 118, § 50; 1997 , ch. 217, § 12.
Tenn. Code Ann. § 9-19-106 — TN Code / Title 9 / Chapter 19 / Section 9-19-106
Signatures and seals
Status: in_force

(a) Notwithstanding any other law to the contrary, public obligations issued in registered form are not required to bear manual signatures of officials of the issuer if such public obligations bear facsimile signatures in lieu thereof, and are certified or authenticated with the manual signature of an officer of the registration agent, and if the use of such facsimile signatures and certification or authentication is provided for in the official actions of the official body authorizing such obligations. (b) In case any official of the issuer whose signature or facsimile signature appears on a public obligation shall cease to hold office before the delivery thereof to the initial purchasers or before any exchange or transfer between subsequent holders thereof, such signature or facsimile signature nevertheless shall be valid for all purposes the same as if such official had remained in office until after such delivery, exchange or transfer. (c) When a seal is required or permitted in the execution of any public obligation, the seal may be printed, engraved, stamped, or otherwise placed in facsimile thereon. The facsimile seal has the same legal effect as the impression of the seal. (d) Notwithstanding the foregoing, no signature or endorsement shall be required upon the original issuance or subsequent transfer of fully registered public obligations in the event that such obligations are issued in book-entry form. Acts 1983, ch. 100, § 6.
(a) Notwithstanding any other law to the contrary, public obligations issued in registered form are not required to bear manual signatures of officials of the issuer if such public obligations bear facsimile signatures in lieu thereof, and are certified or authenticated with the manual signature of an officer of the registration agent, and if the use of such facsimile signatures and certification or authentication is provided for in the official actions of the official body authorizing such obligations.
(b) In case any official of the issuer whose signature or facsimile signature appears on a public obligation shall cease to hold office before the delivery thereof to the initial purchasers or before any exchange or transfer between subsequent holders thereof, such signature or facsimile signature nevertheless shall be valid for all purposes the same as if such official had remained in office until after such delivery, exchange or transfer.
(c) When a seal is required or permitted in the execution of any public obligation, the seal may be printed, engraved, stamped, or otherwise placed in facsimile thereon. The facsimile seal has the same legal effect as the impression of the seal.
(d) Notwithstanding the foregoing, no signature or endorsement shall be required upon the original issuance or subsequent transfer of fully registered public obligations in the event that such obligations are issued in book-entry form.
Acts 1983, ch. 100, § 6.
Tenn. Code Ann. § 9-19-110 — TN Code / Title 9 / Chapter 19 / Section 9-19-110
Construction of chapter
Status: in_force

The powers conferred by this chapter are in addition and supplemental to the powers conferred by any other law and without regard to the provisions, requirements or restrictions of any other law. The provisions hereof are not in substitution for the powers conferred by any other law. In the event that the provisions hereof conflict with other provisions of general or special law or charter provisions, the provisions hereof shall be deemed to control. Acts 1983, ch. 100, § 10.
The powers conferred by this chapter are in addition and supplemental to the powers conferred by any other law and without regard to the provisions, requirements or restrictions of any other law. The provisions hereof are not in substitution for the powers conferred by any other law. In the event that the provisions hereof conflict with other provisions of general or special law or charter provisions, the provisions hereof shall be deemed to control.
Acts 1983, ch. 100, § 10.
Tenn. Code Ann. § 9-3-204 — TN Code / Title 9 / Chapter 3 / Section 9-3-204
Filing of report - Further duties
Status: in_force

Within a reasonable time after the completion of any such audit in any county, one (1) copy of such audit shall be filed with the county trustee of such county and one (1) with the county mayor. These auditors shall undertake and discharge such further duties as the comptroller of the treasury may from time to time require of them. Acts 1923, ch. 109, § 1; Shan. Supp., § 948a10; Code 1932, § 1654; Acts 1933, ch. 74, § 5; mod. C. Supp. 1950, § 1654; Acts 1977, ch. 103, § 4; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §§ 9-305, 9-3-104; Acts 1985, ch. 118, § 8; 2003, ch. 90, § 2.
Within a reasonable time after the completion of any such audit in any county, one (1) copy of such audit shall be filed with the county trustee of such county and one (1) with the county mayor. These auditors shall undertake and discharge such further duties as the comptroller of the treasury may from time to time require of them.
Acts 1923, ch. 109, § 1; Shan. Supp., § 948a10; Code 1932, § 1654; Acts 1933, ch. 74, § 5; mod. C. Supp. 1950, § 1654; Acts 1977, ch. 103, § 4; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §§ 9-305, 9-3-104; Acts 1985, ch. 118, § 8; 2003, ch. 90, § 2.
Tenn. Code Ann. § 9-21-702 — TN Code / Title 9 / Chapter 21 / Section 9-21-702
Terms of grant anticipation notes
Status: in_force

Grant anticipation notes shall be sold at not less than par value and accrued interest. Grant anticipation notes may be sold in one (1) or more series, may bear such date or dates, shall mature at such time or times, may bear interest at such rate or rates (which may vary from time to time), may be payable at such time or times, may be in such denomination or denominations, may be in such form, either coupon or registered, may be payable at such place or places, may be executed in such manner, may be payable in such medium of payment, may be subject to such terms of redemption, without premium, at the option of the local government as grant funds become available for such purpose, all as may be provided by resolution of the governing body of the local government. Acts 1986, ch. 770, § 7-2.
Grant anticipation notes shall be sold at not less than par value and accrued interest. Grant anticipation notes may be sold in one (1) or more series, may bear such date or dates, shall mature at such time or times, may bear interest at such rate or rates (which may vary from time to time), may be payable at such time or times, may be in such denomination or denominations, may be in such form, either coupon or registered, may be payable at such place or places, may be executed in such manner, may be payable in such medium of payment, may be subject to such terms of redemption, without premium, at the option of the local government as grant funds become available for such purpose, all as may be provided by resolution of the governing body of the local government.
Acts 1986, ch. 770, § 7-2.
Tenn. Code Ann. § 9-13-105 — TN Code / Title 9 / Chapter 13 / Section 9-13-105
Certification to funding board
Status: in_force

If following its investigation and consideration of the application the board of equalization shall deem the applicant municipality or county to require such financial assistance, it shall certify such finding in writing to the funding board for its approval. Acts 1966 (2nd Ex. Sess.), ch. 3, § 5; T.C.A., § 9-1305.
If following its investigation and consideration of the application the board of equalization shall deem the applicant municipality or county to require such financial assistance, it shall certify such finding in writing to the funding board for its approval.
Acts 1966 (2nd Ex. Sess.), ch. 3, § 5; T.C.A., § 9-1305.
Tenn. Code Ann. § 9-4-509 — TN Code / Title 9 / Chapter 4 / Section 9-4-509
Hearing and judicial review - Administrative procedure
Status: in_force

The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, governs all matters and procedures respecting the hearing and judicial review of any contested case, as defined therein, arising under this part. Acts 1990, ch. 1043, § 1.
The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, governs all matters and procedures respecting the hearing and judicial review of any contested case, as defined therein, arising under this part.
Acts 1990, ch. 1043, § 1.
Tenn. Code Ann. § 9-4-408 — TN Code / Title 9 / Chapter 4 / Section 9-4-408
Trust receipts
Status: in_force

(a) In lieu of the actual deposit of eligible collateral under § 9-4-407 , the state treasurer is authorized, at the state treasurer's option, to accept trust receipts. (b) Trust receipts shall be issued by trustee custodians in a form acceptable to the state treasurer following the deposit of eligible collateral with the trustee custodian by a state depository. (c) Eligible collateral deposited with a trustee custodian shall be subject in all respects to the claims and rights of the state to the same extent as though such collateral had been physically deposited with the state treasurer under § 9-4-407 . (d) Each trust receipt shall be nonnegotiable and irrevocable and shall continue in full force and effect until surrendered by the issuing trustee custodian with the release of the state treasurer endorsed thereon over the state treasurer's signature or as otherwise released pursuant to subsection (g) or (h). (e) The state treasurer may present the trust receipt at any time to the issuing trustee custodian and upon delivery thereof shall be entitled to receive any and all collateral represented thereby from the trustee custodian, and such collateral shall thereafter be held by the state treasurer as if deposited with the state treasurer by the state depository as collateral, without further liability on the part of the trustee custodian. (f) Following delivery of the collateral to the state treasurer, the state treasurer is permitted to register such collateral in the name of the state and to hold it on behalf of the state depository. (g) The state treasurer is authorized to establish alternative procedures for the deposit and release of eligible collateral held on the state treasurer's behalf by trustee custodians pursuant to this chapter. (h) A county or city official charged with the deposit of public funds is authorized to contract for alternative procedures for the deposit and release of eligible collateral held on the behalf of the county or city by a trustee custodian pursuant to this chapter. The alternative procedure established may be the procedure adopted by the state treasurer in subsection (g), or must provide for a release of collateral only upon the authorization of the county or city official or a person authorized by law to act on behalf of the official. The official's authorization shall be given in writing and delivered, sent or transmitted to the trustee in any reasonable manner, including, without limitation, by means of telephonic facsimile transmission. Acts 1985, ch. 118, § 38; 1990, ch. 1043, § 2; 1994, ch. 752, §§ 10, 11.
(a) In lieu of the actual deposit of eligible collateral under § 9-4-407 , the state treasurer is authorized, at the state treasurer's option, to accept trust receipts.
(b) Trust receipts shall be issued by trustee custodians in a form acceptable to the state treasurer following the deposit of eligible collateral with the trustee custodian by a state depository.
(c) Eligible collateral deposited with a trustee custodian shall be subject in all respects to the claims and rights of the state to the same extent as though such collateral had been physically deposited with the state treasurer under § 9-4-407 .
(d) Each trust receipt shall be nonnegotiable and irrevocable and shall continue in full force and effect until surrendered by the issuing trustee custodian with the release of the state treasurer endorsed thereon over the state treasurer's signature or as otherwise released pursuant to subsection (g) or (h).
(e) The state treasurer may present the trust receipt at any time to the issuing trustee custodian and upon delivery thereof shall be entitled to receive any and all collateral represented thereby from the trustee custodian, and such collateral shall thereafter be held by the state treasurer as if deposited with the state treasurer by the state depository as collateral, without further liability on the part of the trustee custodian.
(f) Following delivery of the collateral to the state treasurer, the state treasurer is permitted to register such collateral in the name of the state and to hold it on behalf of the state depository.
(g) The state treasurer is authorized to establish alternative procedures for the deposit and release of eligible collateral held on the state treasurer's behalf by trustee custodians pursuant to this chapter.
(h) A county or city official charged with the deposit of public funds is authorized to contract for alternative procedures for the deposit and release of eligible collateral held on the behalf of the county or city by a trustee custodian pursuant to this chapter. The alternative procedure established may be the procedure adopted by the state treasurer in subsection (g), or must provide for a release of collateral only upon the authorization of the county or city official or a person authorized by law to act on behalf of the official. The official's authorization shall be given in writing and delivered, sent or transmitted to the trustee in any reasonable manner, including, without limitation, by means of telephonic facsimile transmission.
Acts 1985, ch. 118, § 38; 1990, ch. 1043, § 2; 1994, ch. 752, §§ 10, 11.
Tenn. Code Ann. § 9-2-125 — TN Code / Title 9 / Chapter 2 / Section 9-2-125
Notice of motion against sheriff
Status: in_force

No notice of this motion is required when it is made at the first term after the execution has been placed in the sheriff's hands; but if the motion is made at a subsequent term, it shall be entered upon the minutes, and docketed as a suit, and proceeded with on the second or subsequent day of the next succeeding term, as if notice had been given. Code 1858, § 718 (deriv. Acts 1833, ch. 43, § 2); Shan., § 1031; Code 1932, § 1760; T.C.A. (orig. ed.), § 9-225.
No notice of this motion is required when it is made at the first term after the execution has been placed in the sheriff's hands; but if the motion is made at a subsequent term, it shall be entered upon the minutes, and docketed as a suit, and proceeded with on the second or subsequent day of the next succeeding term, as if notice had been given.
Code 1858, § 718 (deriv. Acts 1833, ch. 43, § 2); Shan., § 1031; Code 1932, § 1760; T.C.A. (orig. ed.), § 9-225.
Tenn. Code Ann. § 9-21-605 — TN Code / Title 9 / Chapter 21 / Section 9-21-605
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 128,s 14, eff. 4/13/2021. Acts 1986, ch. 770, § 6-5; 1987, ch. 77, § 9; 2005, ch. 393, § 5; 2010, ch. 868, § 54.
Repealed by 2021 Tenn. Acts, ch. 128,s 14, eff. 4/13/2021.
Acts 1986, ch. 770, § 6-5; 1987, ch. 77, § 9; 2005, ch. 393, § 5; 2010, ch. 868, § 54.
Tenn. Code Ann. § 9-9-112 — TN Code / Title 9 / Chapter 9 / Section 9-9-112
Exemption from taxes
Status: in_force

Principal of and interest on debt obligations issued under this chapter shall be exempt from taxation by the state, or by any county, municipality or taxing district of the state, except inheritance, transfer and estate taxes. Amended by 2013 Tenn. Acts, ch. 176,s 6, eff. 7/1/2013. Acts 1937, ch. 165, § 15 (Williams, § 1811.26); 1977, ch. 3, § 6; T.C.A. (orig. ed.), § 9-917.
Principal of and interest on debt obligations issued under this chapter shall be exempt from taxation by the state, or by any county, municipality or taxing district of the state, except inheritance, transfer and estate taxes.
Amended by 2013 Tenn. Acts, ch. 176,s 6, eff. 7/1/2013.
Acts 1937, ch. 165, § 15 (Williams, § 1811.26); 1977, ch. 3, § 6; T.C.A. (orig. ed.), § 9-917.
Tenn. Code Ann. § 9-3-505 — TN Code / Title 9 / Chapter 3 / Section 9-3-505
Payments by political subdivision to pension plan - Annual funding progress percentage - Plan of correction
Status: in_force

(a) A political subdivision shall annually pay a payment to the pension plan of no less than one hundred percent (100%) of the ADC; however, it may make a payment of more than one hundred percent (100%) of the ADC. (b) A political subdivision that is not paying at least one hundred percent (100%) of the ADC to its pension plan for the fiscal year that includes June 30, 2015, shall maintain effort in the percentage of the ADC paid and, in addition thereto, in each subsequent year, pay the cumulative annual funding progress percentage to increase the funding percentage of the ADC to the pension plan until payment of one hundred percent (100%) of the ADC occurs within a maximum of five (5) consecutive years after June 30, 2015. The annual funding progress percentage is, as a minimum, the percentage determined by dividing by five (5) the difference between the percentage of the ADC paid in the plan fiscal year preceding July 1, 2015, subtracted from one hundred percent (100%). When payment of one hundred percent (100%) of the ADC occurs, the political subdivision shall continue to pay one hundred percent (100%) of the ADC annually. The ADC shall be recalculated each year and the percentage of funding shall be based on the most recent recalculation of the ADC. (c) If a political subdivision is unable to meet the annual funding progress percentage set out in subsection (b), the political subdivision may submit a plan of correction to the state treasurer for consideration. If the state treasurer determines the plan of correction is sufficient to comply with the requirements of subsection (b) as soon as possible and to pay one hundred percent (100%) of the ADC to the pension plan by June 30, 2020, the state treasurer shall submit the plan of correction to the state funding board for approval. The plan of correction shall contain, at a minimum, the following: the reason for the political subdivision's inability to meet the annual funding progress percentage of subsection (b); the political subdivision's detailed plan to comply with the requirements of subsection (b) as soon as possible and to pay one hundred percent (100%) of the ADC to the pension plan no later than June 30, 2020, including, but not limited to the amount or amounts to be paid by a date certain or over a period of time; reports necessary to demonstrate how the political subdivision will comply with the plan of corrective action; and any amendment to the political subdivision's funding policy to comply with the plan of corrective action. In addition to the information provided in the political subdivision's plan of corrective action, the political subdivision shall promptly furnish any additional documentation the state treasurer may request, including, but not limited to, financial data and actuarial reports. (d) A political subdivision that does not pay one hundred percent (100%) of its ADC in any fiscal year beginning with July 1, 2020, shall pay the difference between funding equal to one hundred percent (100%) of its ADC and what was actually paid by the political subdivision in a particular fiscal year by adding the difference or differences to the one-hundred-percent payment of the political subdivision's ADC, which must be paid in the fiscal year subsequent to the underpaid ADC. The difference or differences may be added cumulatively to the political subdivision's one-hundred-percent payment of its ADC. Amended by 2020 Tenn. Acts, ch. 783, s 2, eff. 7/15/2020. Added by 2014 Tenn. Acts, ch. 990,s 3, eff. 5/22/2014.
(a) A political subdivision shall annually pay a payment to the pension plan of no less than one hundred percent (100%) of the ADC; however, it may make a payment of more than one hundred percent (100%) of the ADC.
(b) A political subdivision that is not paying at least one hundred percent (100%) of the ADC to its pension plan for the fiscal year that includes June 30, 2015, shall maintain effort in the percentage of the ADC paid and, in addition thereto, in each subsequent year, pay the cumulative annual funding progress percentage to increase the funding percentage of the ADC to the pension plan until payment of one hundred percent (100%) of the ADC occurs within a maximum of five (5) consecutive years after June 30, 2015. The annual funding progress percentage is, as a minimum, the percentage determined by dividing by five (5) the difference between the percentage of the ADC paid in the plan fiscal year preceding July 1, 2015, subtracted from one hundred percent (100%). When payment of one hundred percent (100%) of the ADC occurs, the political subdivision shall continue to pay one hundred percent (100%) of the ADC annually. The ADC shall be recalculated each year and the percentage of funding shall be based on the most recent recalculation of the ADC.
(c) If a political subdivision is unable to meet the annual funding progress percentage set out in subsection (b), the political subdivision may submit a plan of correction to the state treasurer for consideration. If the state treasurer determines the plan of correction is sufficient to comply with the requirements of subsection (b) as soon as possible and to pay one hundred percent (100%) of the ADC to the pension plan by June 30, 2020, the state treasurer shall submit the plan of correction to the state funding board for approval. The plan of correction shall contain, at a minimum, the following: the reason for the political subdivision's inability to meet the annual funding progress percentage of subsection (b); the political subdivision's detailed plan to comply with the requirements of subsection (b) as soon as possible and to pay one hundred percent (100%) of the ADC to the pension plan no later than June 30, 2020, including, but not limited to the amount or amounts to be paid by a date certain or over a period of time; reports necessary to demonstrate how the political subdivision will comply with the plan of corrective action; and any amendment to the political subdivision's funding policy to comply with the plan of corrective action. In addition to the information provided in the political subdivision's plan of corrective action, the political subdivision shall promptly furnish any additional documentation the state treasurer may request, including, but not limited to, financial data and actuarial reports.
(d) A political subdivision that does not pay one hundred percent (100%) of its ADC in any fiscal year beginning with July 1, 2020, shall pay the difference between funding equal to one hundred percent (100%) of its ADC and what was actually paid by the political subdivision in a particular fiscal year by adding the difference or differences to the one-hundred-percent payment of the political subdivision's ADC, which must be paid in the fiscal year subsequent to the underpaid ADC. The difference or differences may be added cumulatively to the political subdivision's one-hundred-percent payment of its ADC.
Amended by 2020 Tenn. Acts, ch. 783, s 2, eff. 7/15/2020.
Added by 2014 Tenn. Acts, ch. 990,s 3, eff. 5/22/2014.
Tenn. Code Ann. § 9-1-111 — TN Code / Title 9 / Chapter 1 / Section 9-1-111
[Repealed]
Status: repealed

Amended by 2020 Tenn. Acts, ch. 626, s 1, eff. 3/19/2020. Added by 2019 Tenn. Acts, ch. 480, s 1, eff. 5/24/2019.
Amended by 2020 Tenn. Acts, ch. 626, s 1, eff. 3/19/2020.
Added by 2019 Tenn. Acts, ch. 480, s 1, eff. 5/24/2019.
Tenn. Code Ann. § 9-21-113 — TN Code / Title 9 / Chapter 21 / Section 9-21-113
Deposit and custody of proceeds
Status: in_force

(a) The proceeds received from the sale of bonds or notes issued under this chapter by a local government shall be deposited with, in the case of counties, the county trustee or, in the case of municipalities or metropolitan governments, with the official designated by law as custodian of the funds, or be deposited as provided in the resolution authorizing the bonds or notes. (b) The official designated as custodian of the funds shall not receive extra compensation for handling the funds. Acts 1986, ch. 770, § 1-13; 1987, ch. 77, § 4.
(a) The proceeds received from the sale of bonds or notes issued under this chapter by a local government shall be deposited with, in the case of counties, the county trustee or, in the case of municipalities or metropolitan governments, with the official designated by law as custodian of the funds, or be deposited as provided in the resolution authorizing the bonds or notes.
(b) The official designated as custodian of the funds shall not receive extra compensation for handling the funds.
Acts 1986, ch. 770, § 1-13; 1987, ch. 77, § 4.
Tenn. Code Ann. § 9-3-503 — TN Code / Title 9 / Chapter 3 / Section 9-3-503
Part definitions
Status: in_force

(a) As used in this part, unless the context otherwise requires: (1) "Actuarially determined contribution" (ADC), formerly known as the "actuarially required contribution" means the actuarially determined annual required contribution that incorporates both the normal cost of benefits and the amortization of the pension plan's unfunded accrued liability; (2) "Pension plan" means the defined benefit pension plan established and maintained by a political subdivision for its employees, excluding a political subdivision's participation in the Tennessee consolidated retirement system pursuant to title 8, chapters 34-37. The term "pension plan" shall include all pension plans that are open or closed to membership, and shall also include the plural, referring to any and all pension plans provided by a political subdivision; (3) "Political subdivision" means any local governmental entity, including, but not limited to any municipality, metropolitan government, county, utility district, school district, public building authority, housing authority, emergency communications district, and development district created and existing pursuant to the laws of this state, or any instrumentality of government created by any one (1) or more of the named local governmental entities; (4) "Political subdivision employee" means any person in the employ of a political subdivision who participates in the political subdivision's pension plan; (5) "Unfunded accrued liability" means the actuarially determined accrued liabilities of the pension plan that are greater than the actuarially determined value of the pension plan assets. Added by 2014 Tenn. Acts, ch. 990,s 3, eff. 5/22/2014.
(a) As used in this part, unless the context otherwise requires: (1) "Actuarially determined contribution" (ADC), formerly known as the "actuarially required contribution" means the actuarially determined annual required contribution that incorporates both the normal cost of benefits and the amortization of the pension plan's unfunded accrued liability; (2) "Pension plan" means the defined benefit pension plan established and maintained by a political subdivision for its employees, excluding a political subdivision's participation in the Tennessee consolidated retirement system pursuant to title 8, chapters 34-37. The term "pension plan" shall include all pension plans that are open or closed to membership, and shall also include the plural, referring to any and all pension plans provided by a political subdivision; (3) "Political subdivision" means any local governmental entity, including, but not limited to any municipality, metropolitan government, county, utility district, school district, public building authority, housing authority, emergency communications district, and development district created and existing pursuant to the laws of this state, or any instrumentality of government created by any one (1) or more of the named local governmental entities; (4) "Political subdivision employee" means any person in the employ of a political subdivision who participates in the political subdivision's pension plan; (5) "Unfunded accrued liability" means the actuarially determined accrued liabilities of the pension plan that are greater than the actuarially determined value of the pension plan assets.
(1) "Actuarially determined contribution" (ADC), formerly known as the "actuarially required contribution" means the actuarially determined annual required contribution that incorporates both the normal cost of benefits and the amortization of the pension plan's unfunded accrued liability;
(2) "Pension plan" means the defined benefit pension plan established and maintained by a political subdivision for its employees, excluding a political subdivision's participation in the Tennessee consolidated retirement system pursuant to title 8, chapters 34-37. The term "pension plan" shall include all pension plans that are open or closed to membership, and shall also include the plural, referring to any and all pension plans provided by a political subdivision;
(3) "Political subdivision" means any local governmental entity, including, but not limited to any municipality, metropolitan government, county, utility district, school district, public building authority, housing authority, emergency communications district, and development district created and existing pursuant to the laws of this state, or any instrumentality of government created by any one (1) or more of the named local governmental entities;
(4) "Political subdivision employee" means any person in the employ of a political subdivision who participates in the political subdivision's pension plan;
(5) "Unfunded accrued liability" means the actuarially determined accrued liabilities of the pension plan that are greater than the actuarially determined value of the pension plan assets.
Added by 2014 Tenn. Acts, ch. 990,s 3, eff. 5/22/2014.
Tenn. Code Ann. § 9-21-803 — TN Code / Title 9 / Chapter 21 / Section 9-21-803
Method of sale of tax anticipation notes
Status: in_force

Tax anticipation notes may be sold in such manner either at a competitive public sale or at a private negotiated sale as the governing body of the local government may direct. Acts 1986, ch. 770, § 8-3.
Tax anticipation notes may be sold in such manner either at a competitive public sale or at a private negotiated sale as the governing body of the local government may direct.
Acts 1986, ch. 770, § 8-3.
Tenn. Code Ann. § 9-1-116 — TN Code / Title 9 / Chapter 1 / Section 9-1-116
Programs and services limited to extent funds available
Status: in_force

(a) Notwithstanding any other law to the contrary, availability of programs and services to people in this state shall be limited to the extent that funds are appropriated by the general assembly or the appropriate governing body of a political subdivision. (b) No person shall be entitled to have made available to such person, or otherwise be entitled to, any program or any services provided by or through the state, its departments, agencies or political subdivisions unless funds remain available for such program or service from moneys appropriated for that purpose by the general assembly or the appropriate governing body of a political subdivision. Acts 1982, ch. 549, § 1.
(a) Notwithstanding any other law to the contrary, availability of programs and services to people in this state shall be limited to the extent that funds are appropriated by the general assembly or the appropriate governing body of a political subdivision.
(b) No person shall be entitled to have made available to such person, or otherwise be entitled to, any program or any services provided by or through the state, its departments, agencies or political subdivisions unless funds remain available for such program or service from moneys appropriated for that purpose by the general assembly or the appropriate governing body of a political subdivision.
Acts 1982, ch. 549, § 1.
Tenn. Code Ann. § 9-4-201 — TN Code / Title 9 / Chapter 4 / Section 9-4-201
Special federal funds
Status: in_force

The commissioner of finance and administration shall set up and maintain special accounts in the general fund with respect to moneys received for designated purposes from the federal government. Acts 1985, ch. 118, § 21.
The commissioner of finance and administration shall set up and maintain special accounts in the general fund with respect to moneys received for designated purposes from the federal government.
Acts 1985, ch. 118, § 21.
Tenn. Code Ann. § 9-4-609 — TN Code / Title 9 / Chapter 4 / Section 9-4-609
Restriction on expending public funds for advertising or public relations
Status: in_force

(a) As used in this section, "public funds" means state revenues appropriated in the general appropriations act. (b) The general assembly finds that it is the public policy of this state that public funds shall not be obligated nor expended, nor shall a contract be entered into with an advertising, government affairs, or public relations firm, to promote, achieve, establish or restore a favorable relationship with the Tennessee public solely related to the image of any department, agency or office of the legislative, judicial or executive branch of government, when such advertising or public relations material, advertisement or communication provides no useful information, service or benefit to the public, unless such expenditure is included as a specific identifiable item in the general appropriations act. (c) The board of regents and the board of trustees shall develop policies governing the expenditure of public funds which, while promoting the respective institutions of higher education included within their systems and adequately informing the general public about the specific educational opportunities, nature and uniqueness of each institution, are not used to represent the institution as being superior to any other specific state public institution of higher education. (d) If a governmental entity has entered into a contract that includes the expenditure of funds prohibited under this section, the governmental entity shall immediately exercise any available cancellation clause in such contract that may be exercised related to such advertising or public relations material or communication. (e) Nothing in this section shall apply to funds appropriated in the general appropriations act to promote state agriculture, industry, trade, commerce, tourism or recreation or to participate in or promote conferences, training or similar meetings. Acts 1999, ch. 260, § 1.
(a) As used in this section, "public funds" means state revenues appropriated in the general appropriations act.
(b) The general assembly finds that it is the public policy of this state that public funds shall not be obligated nor expended, nor shall a contract be entered into with an advertising, government affairs, or public relations firm, to promote, achieve, establish or restore a favorable relationship with the Tennessee public solely related to the image of any department, agency or office of the legislative, judicial or executive branch of government, when such advertising or public relations material, advertisement or communication provides no useful information, service or benefit to the public, unless such expenditure is included as a specific identifiable item in the general appropriations act.
(c) The board of regents and the board of trustees shall develop policies governing the expenditure of public funds which, while promoting the respective institutions of higher education included within their systems and adequately informing the general public about the specific educational opportunities, nature and uniqueness of each institution, are not used to represent the institution as being superior to any other specific state public institution of higher education.
(d) If a governmental entity has entered into a contract that includes the expenditure of funds prohibited under this section, the governmental entity shall immediately exercise any available cancellation clause in such contract that may be exercised related to such advertising or public relations material or communication.
(e) Nothing in this section shall apply to funds appropriated in the general appropriations act to promote state agriculture, industry, trade, commerce, tourism or recreation or to participate in or promote conferences, training or similar meetings.
Acts 1999, ch. 260, § 1.
Tenn. Code Ann. § 9-3-401 — TN Code / Title 9 / Chapter 3 / Section 9-3-401
Short title
Status: in_force

In order to ensure local governments in Tennessee maintain adequate accounting records and comply with generally accepted accounting principles for financial accounting and reporting, there is hereby created the "Local Government Modernization Act of 2005." Acts 2005, ch. 191, § 1.
In order to ensure local governments in Tennessee maintain adequate accounting records and comply with generally accepted accounting principles for financial accounting and reporting, there is hereby created the "Local Government Modernization Act of 2005."
Acts 2005, ch. 191, § 1.
Tenn. Code Ann. § 9-21-1005 — TN Code / Title 9 / Chapter 21 / Section 9-21-1005
Sale of revenue refunding bonds at below par value
Status: in_force

All revenue refunding bonds issued by any local government under the authority of this part and part 1 of this chapter shall be sold for not less than ninety-seven percent (97%) of par value and accrued interest as the governing body of the local government may direct. Nothing in this chapter shall be construed to prevent the sale of particular bonds constituting a part of a single issue or series of bonds at a price below that herein specified, as long as the total price paid by the purchaser for the entire issue or series of bonds offered for sale on any given date shall be not less than ninety-seven percent (97%) of the par value of the entire issue or series of bonds and accrued interest; provided, that if any part of such issue or series of such revenue refunding bonds are to be sold at a zero (0) rate of interest or at an original issue discount, such bonds may be sold at not less than ninety-seven percent (97%) of the original reoffering price of such discount bonds and accrued interest. Acts 1986, ch. 770, § 10-5.
All revenue refunding bonds issued by any local government under the authority of this part and part 1 of this chapter shall be sold for not less than ninety-seven percent (97%) of par value and accrued interest as the governing body of the local government may direct. Nothing in this chapter shall be construed to prevent the sale of particular bonds constituting a part of a single issue or series of bonds at a price below that herein specified, as long as the total price paid by the purchaser for the entire issue or series of bonds offered for sale on any given date shall be not less than ninety-seven percent (97%) of the par value of the entire issue or series of bonds and accrued interest; provided, that if any part of such issue or series of such revenue refunding bonds are to be sold at a zero (0) rate of interest or at an original issue discount, such bonds may be sold at not less than ninety-seven percent (97%) of the original reoffering price of such discount bonds and accrued interest.
Acts 1986, ch. 770, § 10-5.
Tenn. Code Ann. § 9-14-103 — TN Code / Title 9 / Chapter 14 / Section 9-14-103
Chapter definitions - Economic adjustment project
Status: in_force

For the purposes of this chapter, unless the context otherwise requires: (1) "Cities," "towns" and "counties" mean those general government units that are political subdivisions of the state of Tennessee; (2) "Economic adjustment project" means those activities for which funds are available from local, state or federal sources and which include one (1) or more of the following objectives: (A) Plan, finance, construct, operate and maintain all types of public facilities, including publicly owned industrial parks; (B) Make commercial loans for business and industrial development; (C) Do economic development planning, including research and technical assistance studies related to accelerating the development process; (D) Provide public service jobs; (E) Provide rent supplements to families and individuals, including loans and grants; (F) Provide mortgage payment assistance to families and individuals, including loans and grants; (G) Provide for costs of relocation of families and individuals, including loans and grants; (H) Provide vocational and technical training in cooperation with the state's system of vocational and technical schools; and (I) Provide other appropriate assistance related to economic adjustment and the purposes of this chapter; (3) "Federal government" means the government of the United States and any agency, department, board or commission thereof performing or administering programs enacted by statute; and (4) "State" means the state of Tennessee, including all state agencies, departments, boards, commissions, and other bodies which carry out state functions and programs. "State" also includes development districts as created by title 13, chapter 14. Acts 1975, ch. 312, § 3; T.C.A., § 9-1503.
For the purposes of this chapter, unless the context otherwise requires:
(1) "Cities," "towns" and "counties" mean those general government units that are political subdivisions of the state of Tennessee;
(2) "Economic adjustment project" means those activities for which funds are available from local, state or federal sources and which include one (1) or more of the following objectives: (A) Plan, finance, construct, operate and maintain all types of public facilities, including publicly owned industrial parks; (B) Make commercial loans for business and industrial development; (C) Do economic development planning, including research and technical assistance studies related to accelerating the development process; (D) Provide public service jobs; (E) Provide rent supplements to families and individuals, including loans and grants; (F) Provide mortgage payment assistance to families and individuals, including loans and grants; (G) Provide for costs of relocation of families and individuals, including loans and grants; (H) Provide vocational and technical training in cooperation with the state's system of vocational and technical schools; and (I) Provide other appropriate assistance related to economic adjustment and the purposes of this chapter;
(A) Plan, finance, construct, operate and maintain all types of public facilities, including publicly owned industrial parks;
(B) Make commercial loans for business and industrial development;
(C) Do economic development planning, including research and technical assistance studies related to accelerating the development process;
(D) Provide public service jobs;
(E) Provide rent supplements to families and individuals, including loans and grants;
(F) Provide mortgage payment assistance to families and individuals, including loans and grants;
(G) Provide for costs of relocation of families and individuals, including loans and grants;
(H) Provide vocational and technical training in cooperation with the state's system of vocational and technical schools; and
(I) Provide other appropriate assistance related to economic adjustment and the purposes of this chapter;
(3) "Federal government" means the government of the United States and any agency, department, board or commission thereof performing or administering programs enacted by statute; and
(4) "State" means the state of Tennessee, including all state agencies, departments, boards, commissions, and other bodies which carry out state functions and programs. "State" also includes development districts as created by title 13, chapter 14.
Acts 1975, ch. 312, § 3; T.C.A., § 9-1503.
Tenn. Code Ann. § 9-8-302 — TN Code / Title 9 / Chapter 8 / Section 9-8-302
Appointments - Terms - Residence - Vacancies - Chair
Status: in_force

(a) Each commissioner shall be appointed by the governor with confirmation by resolution of both houses of the general assembly for a term of eight (8) years. (b) To provide staggered terms for the commissioners, the term expiring on June 30, 2003, shall be filled for an eight (8) year appointment while the current terms of the remaining two (2) commissioners shall each be extended for two (2) additional years. Thereafter, all commissioners shall be appointed to eight (8) year terms. (c) Each commissioner shall have resided in the grand division from which such commissioner is appointed for one (1) year prior to appointment, resided in Tennessee for five (5) years prior to appointment, and shall have been licensed to practice law in Tennessee for at least five (5) years prior to appointment. No commissioner may practice law while serving on the commission. The commissioners shall discontinue the practice of law as soon after their appointments as is practicable. The commissioners shall comply with the standards of conduct contained in the Code of Judicial Conduct of the Rules of the Tennessee Supreme Court. (d) The commissioners shall be eligible for reappointment. (e) Temporary vacancies on the commission shall be filled by a qualified person appointed by the governor. Any other vacancy shall be filled for the remainder of the term by a qualified person appointed by the governor with the consent of both houses of the general assembly. If such a vacancy occurs while the general assembly is not in session, the governor shall appoint a qualified person to serve during the interim. (f) The commission shall designate one (1) of its members to serve as chair. Acts 1984, ch. 972, §§ 2, 6; 1985, ch. 105, § 3; 1993, ch. 367, §§ 1, 2; 2002, ch. 816, §§ 1, 2.
(a) Each commissioner shall be appointed by the governor with confirmation by resolution of both houses of the general assembly for a term of eight (8) years.
(b) To provide staggered terms for the commissioners, the term expiring on June 30, 2003, shall be filled for an eight (8) year appointment while the current terms of the remaining two (2) commissioners shall each be extended for two (2) additional years. Thereafter, all commissioners shall be appointed to eight (8) year terms.
(c) Each commissioner shall have resided in the grand division from which such commissioner is appointed for one (1) year prior to appointment, resided in Tennessee for five (5) years prior to appointment, and shall have been licensed to practice law in Tennessee for at least five (5) years prior to appointment. No commissioner may practice law while serving on the commission. The commissioners shall discontinue the practice of law as soon after their appointments as is practicable. The commissioners shall comply with the standards of conduct contained in the Code of Judicial Conduct of the Rules of the Tennessee Supreme Court.
(d) The commissioners shall be eligible for reappointment.
(e) Temporary vacancies on the commission shall be filled by a qualified person appointed by the governor. Any other vacancy shall be filled for the remainder of the term by a qualified person appointed by the governor with the consent of both houses of the general assembly. If such a vacancy occurs while the general assembly is not in session, the governor shall appoint a qualified person to serve during the interim.
(f) The commission shall designate one (1) of its members to serve as chair.
Acts 1984, ch. 972, §§ 2, 6; 1985, ch. 105, § 3; 1993, ch. 367, §§ 1, 2; 2002, ch. 816, §§ 1, 2.
Tenn. Code Ann. § 9-4-404 — TN Code / Title 9 / Chapter 4 / Section 9-4-404
Valuation of eligible collateral
Status: in_force

(a) The state treasurer shall evaluate the market value of required collateral monthly, and more frequently if market conditions require. (b) Any state depository whose collateral has a market value less than one hundred five percent (105%) of the value of its state deposits, less so much of such amount as is protected by the federal deposit insurance corporation, shall provide additional collateral at the request of the state treasurer. (c) If within two (2) working days such additional collateral is not provided, the state treasurer shall submit to the commissioners of financial institutions and of finance and administration a written summary of the results of the market valuation of collateral for that depository, together with a summary of the deposits secured by the collateral and take such action as a majority of these three (3) officials, based upon information received pursuant to § 9-4-402 , deems appropriate. Such action may include withdrawal of part or all of the state deposit in that depository without penalty or forfeiture of interest. (d) The state treasurer, county trustee or other public official charged with the deposit of public funds may contract for the evaluation of the market value of required collateral. Such contract may be with any person, including a financial institution or trustee custodian; provided, that such contract may not be with the depository pledging the collateral to be valued. Acts 1985, ch. 118, § 34; 1992, ch. 592, § 9; 1994, ch. 752, § 12.
(a) The state treasurer shall evaluate the market value of required collateral monthly, and more frequently if market conditions require.
(b) Any state depository whose collateral has a market value less than one hundred five percent (105%) of the value of its state deposits, less so much of such amount as is protected by the federal deposit insurance corporation, shall provide additional collateral at the request of the state treasurer.
(c) If within two (2) working days such additional collateral is not provided, the state treasurer shall submit to the commissioners of financial institutions and of finance and administration a written summary of the results of the market valuation of collateral for that depository, together with a summary of the deposits secured by the collateral and take such action as a majority of these three (3) officials, based upon information received pursuant to § 9-4-402 , deems appropriate. Such action may include withdrawal of part or all of the state deposit in that depository without penalty or forfeiture of interest.
(d) The state treasurer, county trustee or other public official charged with the deposit of public funds may contract for the evaluation of the market value of required collateral. Such contract may be with any person, including a financial institution or trustee custodian; provided, that such contract may not be with the depository pledging the collateral to be valued.
Acts 1985, ch. 118, § 34; 1992, ch. 592, § 9; 1994, ch. 752, § 12.
Tenn. Code Ann. § 9-4-811 — TN Code / Title 9 / Chapter 4 / Section 9-4-811
[Repealed]
Status: repealed

Repealed by 2017 Tenn. Acts, ch. 65, s 3, eff. 3/31/2017. Acts 1985, ch. 118, § 63.
Repealed by 2017 Tenn. Acts, ch. 65, s 3, eff. 3/31/2017.
Acts 1985, ch. 118, § 63.
Tenn. Code Ann. § 9-4-204 — TN Code / Title 9 / Chapter 4 / Section 9-4-204
Police pay supplement fund
Status: in_force

(a) There is created within the general fund a special agency account to be known as the "police pay supplement fund." (b) Notwithstanding any law to the contrary, all funds designated to fund the police pay supplement created pursuant to § 38-8-111 shall be deposited in the police pay supplement fund and disbursed in accordance with law solely for the payment of police pay supplements and such other uses as may be authorized by § 38-8-111 . Acts 1985, ch. 461, § 2; 2007, ch. 567, § 2; 2011, ch. 84, § 1.
(a) There is created within the general fund a special agency account to be known as the "police pay supplement fund."
(b) Notwithstanding any law to the contrary, all funds designated to fund the police pay supplement created pursuant to § 38-8-111 shall be deposited in the police pay supplement fund and disbursed in accordance with law solely for the payment of police pay supplements and such other uses as may be authorized by § 38-8-111 .
Acts 1985, ch. 461, § 2; 2007, ch. 567, § 2; 2011, ch. 84, § 1.
Tenn. Code Ann. § 9-4-514 — TN Code / Title 9 / Chapter 4 / Section 9-4-514
Public deposit security trust fund
Status: in_force

(a) In order to facilitate the administration of this part, there is created the "public deposit security trust fund," hereafter in this section designated the "fund." The fund must be composed of eligible collateral pledged from any defaulting institution, proceeds from the sale or use of the eligible collateral, or from any assessment. (b) The state treasurer is authorized to pay any loss to public depositors from the fund, and there are hereby appropriated from the fund such sums as may be necessary from time to time to pay the losses. (c) Any money in the fund estimated not to be needed for immediate cash requirements shall be invested pursuant to § 9-4-603 . Amended by 2021EX3 Tenn. Acts, ch. 2, s 7, eff. 11/12/2021. Acts 1990, ch. 1043, § 1.
(a) In order to facilitate the administration of this part, there is created the "public deposit security trust fund," hereafter in this section designated the "fund." The fund must be composed of eligible collateral pledged from any defaulting institution, proceeds from the sale or use of the eligible collateral, or from any assessment.
(b) The state treasurer is authorized to pay any loss to public depositors from the fund, and there are hereby appropriated from the fund such sums as may be necessary from time to time to pay the losses.
(c) Any money in the fund estimated not to be needed for immediate cash requirements shall be invested pursuant to § 9-4-603 .
Amended by 2021EX3 Tenn. Acts, ch. 2, s 7, eff. 11/12/2021.
Acts 1990, ch. 1043, § 1.
Tenn. Code Ann. § 9-8-404 — TN Code / Title 9 / Chapter 8 / Section 9-8-404
Removal of claims - Appeals
Status: in_force

(a) Prior to hearing, upon the petition of either party showing the approval of the attorney general and reporter, the claim shall be removed to the appropriate chancery or circuit court with venue for handling in accordance with this part, except the normal procedural rules of the court shall be applicable. Appeal from the chancery or circuit court shall be to the court of appeals. (b) The commission may transfer the action to the appropriate chancery or circuit court with venue on its own after a determination, in writing, by the commission that fair and complete resolution of all claims involved cannot be accomplished in administrative proceedings before the commission. Such transfers shall be limited to tort claims arising out of the same fact situation where much of the evidence to be presented would be admissible against the state and one (1) or more additional defendants. If such transferred claim is not consolidated for trial, the claim against the state shall be transferred back to the commission. If, prior to the time of trial, all claims other than those against the state have been dismissed, settled or otherwise concluded, upon motion of the state the claim shall be transferred back to the commission. The transferred claim shall be handled in accordance with this part, except the normal procedural rules of the court shall be applicable. Appeal from the chancery or circuit court shall be to the court of appeals. (c) If the docket for any grand division becomes overloaded in the judgment of the commission chair, the chair may assign one (1) of the other two (2) commissioners to hear some of those claims in that division. Acts 1984, ch. 972, § 12; 1988, ch. 850, § 2; 1989, ch. 491, §§ 3, 4; 1990, ch. 806, §§ 1, 2.
(a) Prior to hearing, upon the petition of either party showing the approval of the attorney general and reporter, the claim shall be removed to the appropriate chancery or circuit court with venue for handling in accordance with this part, except the normal procedural rules of the court shall be applicable. Appeal from the chancery or circuit court shall be to the court of appeals.
(b) The commission may transfer the action to the appropriate chancery or circuit court with venue on its own after a determination, in writing, by the commission that fair and complete resolution of all claims involved cannot be accomplished in administrative proceedings before the commission. Such transfers shall be limited to tort claims arising out of the same fact situation where much of the evidence to be presented would be admissible against the state and one (1) or more additional defendants. If such transferred claim is not consolidated for trial, the claim against the state shall be transferred back to the commission. If, prior to the time of trial, all claims other than those against the state have been dismissed, settled or otherwise concluded, upon motion of the state the claim shall be transferred back to the commission. The transferred claim shall be handled in accordance with this part, except the normal procedural rules of the court shall be applicable. Appeal from the chancery or circuit court shall be to the court of appeals.
(c) If the docket for any grand division becomes overloaded in the judgment of the commission chair, the chair may assign one (1) of the other two (2) commissioners to hear some of those claims in that division.
Acts 1984, ch. 972, § 12; 1988, ch. 850, § 2; 1989, ch. 491, §§ 3, 4; 1990, ch. 806, §§ 1, 2.
Tenn. Code Ann. § 9-4-511 — TN Code / Title 9 / Chapter 4 / Section 9-4-511
State treasurer - Powers
Status: in_force

In fulfilling the requirements of this part, the state treasurer has the power to: (1) Require such collateral, or increase the collateral-pledging level, of any qualified public depository as may be necessary to administer this part and to protect the integrity of the collateral pool as directed by the board; (2) Decline to accept, or reduce the reported value of, collateral as circumstances may require in order to ensure the pledging of sufficient marketable collateral to meet the purposes of this part; (3) Verify the reports of any qualified public depository relating to public deposits it holds when necessary to protect the integrity of the collateral pool; (4) Sell pledged securities, or move pledged securities to an account established in the state treasurer's name, for the purpose of paying losses to public depositors not covered by deposit insurance or to perfect the state treasurer's interest in the pledged securities; (5) Transfer funds directly from the trustee custodian to public depositors or the receiver in order to facilitate prompt payment of claims; (6) Provide data as may be necessary to assist the board in developing standards and criteria for the program; (7) Review, implement, monitor, evaluate and modify, as needed, all or any part of the standards and policies recommended by the board; (8) Confirm public deposits, to the extent possible under current law, when needed; (9) Monitor and confirm, as often as deemed necessary by the state treasurer, the pledged collateral held by trustee custodians; (10) Audit or verify the reports required under this part or under rules adopted under this part; (11) Maintain perpetual inventory of pledged collateral and perform monthly market valuations and quality ratings; (12) Perform financial analysis of all qualified public depositories; and (13) Perfect interest in pledged collateral by having pledged securities moved into an account established in the state treasurer's name. This action shall be taken at the discretion of the state treasurer. Acts 1990, ch. 1043, § 1; 1992, ch. 592, §§ 21, 22, 25; 1996, ch. 621, § 13.
In fulfilling the requirements of this part, the state treasurer has the power to:
(1) Require such collateral, or increase the collateral-pledging level, of any qualified public depository as may be necessary to administer this part and to protect the integrity of the collateral pool as directed by the board;
(2) Decline to accept, or reduce the reported value of, collateral as circumstances may require in order to ensure the pledging of sufficient marketable collateral to meet the purposes of this part;
(3) Verify the reports of any qualified public depository relating to public deposits it holds when necessary to protect the integrity of the collateral pool;
(4) Sell pledged securities, or move pledged securities to an account established in the state treasurer's name, for the purpose of paying losses to public depositors not covered by deposit insurance or to perfect the state treasurer's interest in the pledged securities;
(5) Transfer funds directly from the trustee custodian to public depositors or the receiver in order to facilitate prompt payment of claims;
(6) Provide data as may be necessary to assist the board in developing standards and criteria for the program;
(7) Review, implement, monitor, evaluate and modify, as needed, all or any part of the standards and policies recommended by the board;
(8) Confirm public deposits, to the extent possible under current law, when needed;
(9) Monitor and confirm, as often as deemed necessary by the state treasurer, the pledged collateral held by trustee custodians;
(10) Audit or verify the reports required under this part or under rules adopted under this part;
(11) Maintain perpetual inventory of pledged collateral and perform monthly market valuations and quality ratings;
(12) Perform financial analysis of all qualified public depositories; and
(13) Perfect interest in pledged collateral by having pledged securities moved into an account established in the state treasurer's name. This action shall be taken at the discretion of the state treasurer.
Acts 1990, ch. 1043, § 1; 1992, ch. 592, §§ 21, 22, 25; 1996, ch. 621, § 13.
Tenn. Code Ann. § 9-14-102 — TN Code / Title 9 / Chapter 14 / Section 9-14-102
Purpose
Status: in_force

In order to promote the health, safety, right to gainful employment, economic opportunity and general welfare of the inhabitants of this state, the local governments (cities, towns and counties) are authorized to participate cooperatively with the state and federal governments in activities designed to alleviate or moderate existing or potential conditions of severe economic adjustment, resulting from termination or closure of major industries or firms, unemployment caused therefrom, and other hardships that would result in loss of the labor force, breakup of the family unit, and other conditions resulting from explosions, floods, earthquakes, or other major disasters, natural or man-made. Acts 1975, ch. 312, § 2; T.C.A., § 9-1502.
In order to promote the health, safety, right to gainful employment, economic opportunity and general welfare of the inhabitants of this state, the local governments (cities, towns and counties) are authorized to participate cooperatively with the state and federal governments in activities designed to alleviate or moderate existing or potential conditions of severe economic adjustment, resulting from termination or closure of major industries or firms, unemployment caused therefrom, and other hardships that would result in loss of the labor force, breakup of the family unit, and other conditions resulting from explosions, floods, earthquakes, or other major disasters, natural or man-made.
Acts 1975, ch. 312, § 2; T.C.A., § 9-1502.
Tenn. Code Ann. § 9-13-207 — TN Code / Title 9 / Chapter 13 / Section 9-13-207
Scope of assistance - Guidelines - Personnel - Audits - County budgets
Status: in_force

(a) Whenever a loan is guaranteed by the state funding board, the comptroller of the treasury or the comptroller's designee shall, subject to the comptroller of the treasury's or the comptroller's designee's discretion, provide emergency technical assistance to such local government until such time as the local government has completely repaid any loans guaranteed by or owed to the state. (b) The comptroller of the treasury or the comptroller's designee shall provide emergency technical assistance under the guidelines of the statutes or private acts applicable to the local government and shall perform the duties prescribed by such statutes or private acts; provided, that if the applicable local government purchasing law authorizes emergency purchases, such emergency purchases shall only be made with the prior approval of the comptroller of the treasury or the comptroller's designee. (c) All authority for the implementation and administration of the laws set out in subsection (b) shall be vested in the comptroller of the treasury or the comptroller's designee. (d) (1) Notwithstanding any other law, the comptroller of the treasury or the comptroller's designee has total and complete authority over the budget, purchases and expenditures of such local government, including the budget, purchases and expenditures of the local government school system and enterprise funds. (2) The commissioner of education shall appoint a qualified and responsible person to advise and assist the comptroller of the treasury or the comptroller's designee on budgeting, accounting, purchasing, and expenditures of the school system of the local government. (e) The comptroller of the treasury or the comptroller's designee shall require such periodic information from a local government operating under this part and require such audits as the comptroller of the treasury or the comptroller's designee may deem necessary. The annual budget of each local government shall be submitted to the comptroller of the treasury or the comptroller's designee at least three (3) weeks prior to its adoption. The comptroller of the treasury or the comptroller's designee shall determine whether or not the budget will be in balance and is fiscally responsible. No budget shall be adopted by the legislative body until it shall have been approved by the comptroller of the treasury or the comptroller's designee. Such governing body shall adopt a budget at the first meeting of the legislative body in July of each year or prior to such meeting as required by any public or private act, or as soon thereafter as practical, but in no event shall the budget be adopted later than the third Monday in September. Acts 1984, ch. 996, § 8; 1992, ch. 526, § 8; 1995, ch. 63, § 1; 2010, ch. 868, § 38.
(a) Whenever a loan is guaranteed by the state funding board, the comptroller of the treasury or the comptroller's designee shall, subject to the comptroller of the treasury's or the comptroller's designee's discretion, provide emergency technical assistance to such local government until such time as the local government has completely repaid any loans guaranteed by or owed to the state.
(b) The comptroller of the treasury or the comptroller's designee shall provide emergency technical assistance under the guidelines of the statutes or private acts applicable to the local government and shall perform the duties prescribed by such statutes or private acts; provided, that if the applicable local government purchasing law authorizes emergency purchases, such emergency purchases shall only be made with the prior approval of the comptroller of the treasury or the comptroller's designee.
(c) All authority for the implementation and administration of the laws set out in subsection (b) shall be vested in the comptroller of the treasury or the comptroller's designee.
(d) (1) Notwithstanding any other law, the comptroller of the treasury or the comptroller's designee has total and complete authority over the budget, purchases and expenditures of such local government, including the budget, purchases and expenditures of the local government school system and enterprise funds. (2) The commissioner of education shall appoint a qualified and responsible person to advise and assist the comptroller of the treasury or the comptroller's designee on budgeting, accounting, purchasing, and expenditures of the school system of the local government.
(1) Notwithstanding any other law, the comptroller of the treasury or the comptroller's designee has total and complete authority over the budget, purchases and expenditures of such local government, including the budget, purchases and expenditures of the local government school system and enterprise funds.
(2) The commissioner of education shall appoint a qualified and responsible person to advise and assist the comptroller of the treasury or the comptroller's designee on budgeting, accounting, purchasing, and expenditures of the school system of the local government.
(e) The comptroller of the treasury or the comptroller's designee shall require such periodic information from a local government operating under this part and require such audits as the comptroller of the treasury or the comptroller's designee may deem necessary. The annual budget of each local government shall be submitted to the comptroller of the treasury or the comptroller's designee at least three (3) weeks prior to its adoption. The comptroller of the treasury or the comptroller's designee shall determine whether or not the budget will be in balance and is fiscally responsible. No budget shall be adopted by the legislative body until it shall have been approved by the comptroller of the treasury or the comptroller's designee. Such governing body shall adopt a budget at the first meeting of the legislative body in July of each year or prior to such meeting as required by any public or private act, or as soon thereafter as practical, but in no event shall the budget be adopted later than the third Monday in September.
Acts 1984, ch. 996, § 8; 1992, ch. 526, § 8; 1995, ch. 63, § 1; 2010, ch. 868, § 38.
Tenn. Code Ann. § 9-8-301 — TN Code / Title 9 / Chapter 8 / Section 9-8-301
Creation
Status: in_force

(a) There is hereby created an administrative tribunal consisting of three (3) members, one (1) from each grand division, known as the "Tennessee claims commission." (b) For administrative purposes, the commission shall be attached to the treasury department. The administrative responsibilities of the commission shall be performed by the state treasurer, in consultation with the claims commission and under the oversight of the board of claims. The state treasurer is authorized to delegate to the administrative clerk such of these responsibilities as the state treasurer deems appropriate. (c) The authority to appoint, terminate and control the staff of the commission shall rest with the state treasurer; provided, that the individual claims commissioners may appoint, terminate and control the staff personnel assigned to their respective offices. All decisions relative to compensation of the staff of the commission, including the staff positions assigned to the individual commissioners, shall be subject to the approval of the state treasurer. The individual claims commissioners shall consult with the state treasurer prior to taking any personnel action with respect to the staff personnel assigned to their respective offices, and the state treasurer shall consult with the members of the claims commission prior to taking any personnel action for all other staff of the commission. (d) The employees shall not have state service status but shall be subject to personnel policies and regulations which are applicable to employees of the treasury department, such as leave, compensation, classification and travel requests. (e) Notwithstanding any provision of Acts 1997, ch. 165, to the contrary, the autonomy of individual claims commissioners in performing their claims adjudication function shall be respected by the state treasurer and the board of claims. Nothing within that act shall be construed to give the state treasurer or board of claims authority to supervise or take any personal actions with regard to the individual claims commissioners. (f) For the purposes of this part and part 4 of this chapter, "grand division of the state" shall be defined as such term is defined in title 4, chapter 1, part 2, except that Cumberland County shall be included within the middle grand division. Acts 1984, ch. 972, § 1; 1997 , ch. 165, §§ 2, 11; 2003 , ch. 411, § 1; 2012 , ch. 800, § 49.
(a) There is hereby created an administrative tribunal consisting of three (3) members, one (1) from each grand division, known as the "Tennessee claims commission."
(b) For administrative purposes, the commission shall be attached to the treasury department. The administrative responsibilities of the commission shall be performed by the state treasurer, in consultation with the claims commission and under the oversight of the board of claims. The state treasurer is authorized to delegate to the administrative clerk such of these responsibilities as the state treasurer deems appropriate.
(c) The authority to appoint, terminate and control the staff of the commission shall rest with the state treasurer; provided, that the individual claims commissioners may appoint, terminate and control the staff personnel assigned to their respective offices. All decisions relative to compensation of the staff of the commission, including the staff positions assigned to the individual commissioners, shall be subject to the approval of the state treasurer. The individual claims commissioners shall consult with the state treasurer prior to taking any personnel action with respect to the staff personnel assigned to their respective offices, and the state treasurer shall consult with the members of the claims commission prior to taking any personnel action for all other staff of the commission.
(d) The employees shall not have state service status but shall be subject to personnel policies and regulations which are applicable to employees of the treasury department, such as leave, compensation, classification and travel requests.
(e) Notwithstanding any provision of Acts 1997, ch. 165, to the contrary, the autonomy of individual claims commissioners in performing their claims adjudication function shall be respected by the state treasurer and the board of claims. Nothing within that act shall be construed to give the state treasurer or board of claims authority to supervise or take any personal actions with regard to the individual claims commissioners.
(f) For the purposes of this part and part 4 of this chapter, "grand division of the state" shall be defined as such term is defined in title 4, chapter 1, part 2, except that Cumberland County shall be included within the middle grand division.
Acts 1984, ch. 972, § 1; 1997 , ch. 165, §§ 2, 11; 2003 , ch. 411, § 1; 2012 , ch. 800, § 49.
Tenn. Code Ann. § 9-9-117 — TN Code / Title 9 / Chapter 9 / Section 9-9-117
State immunity preserved
Status: repealed

Nothing in this chapter shall be construed as either waiving the immunity of the state of Tennessee from suit or as extending its consent to be sued, notwithstanding any other portion or portions of this chapter to the contrary. Acts 1937, ch. 165, § 15 (Williams, § 1811.26); T.C.A. (orig. ed.), § 9-919.
Nothing in this chapter shall be construed as either waiving the immunity of the state of Tennessee from suit or as extending its consent to be sued, notwithstanding any other portion or portions of this chapter to the contrary.
Acts 1937, ch. 165, § 15 (Williams, § 1811.26); T.C.A. (orig. ed.), § 9-919.
Tenn. Code Ann. § 9-11-112 — TN Code / Title 9 / Chapter 11 / Section 9-11-112
Tax levy and sinking fund provisions
Status: in_force

All bonds issued under this chapter shall be direct and general obligations of the unit issuing the same, for the payment of which the full faith and credit of the unit shall be irrevocably pledged. In each fiscal year while any funding or refunding bonds issued under this chapter shall be outstanding, there shall be levied upon all taxable property in the unit an ad valorem tax sufficient to pay the interest thereon as it falls due and the principal of such bonds which shall then have matured or which shall mature within the same fiscal year, and any sinking fund payments which may be provided for by the bonds or by the resolution authorizing the same, as well as all deficits in such interest, principal and sinking fund payments arising from failure to comply with this chapter or by failure to collect the taxes levied or otherwise; provided, that the governing body, in its discretion, may levy in any fiscal year a tax sufficient to pay, in addition to the interest and principal which shall fall due in such fiscal year, any portion of the interest or principal which shall fall due in any succeeding fiscal year, and may also levy in any fiscal year a tax for sinking fund payments in addition to the tax required for such payments by the resolution authorizing any of such bonds. The governing body may provide in the resolution authorizing the issuance of any such funding or refunding bonds that any sinking fund provided for such bonds shall be used solely for the purpose of redemption of the bonds authorized by such resolution, and all bonds so purchased or redeemed shall be cancelled and shall not be reissued. Acts 1937, ch. 300, § 10; C. Supp. 1950, § 3516.20; T.C.A. (orig. ed.), § 9-1112.
All bonds issued under this chapter shall be direct and general obligations of the unit issuing the same, for the payment of which the full faith and credit of the unit shall be irrevocably pledged. In each fiscal year while any funding or refunding bonds issued under this chapter shall be outstanding, there shall be levied upon all taxable property in the unit an ad valorem tax sufficient to pay the interest thereon as it falls due and the principal of such bonds which shall then have matured or which shall mature within the same fiscal year, and any sinking fund payments which may be provided for by the bonds or by the resolution authorizing the same, as well as all deficits in such interest, principal and sinking fund payments arising from failure to comply with this chapter or by failure to collect the taxes levied or otherwise; provided, that the governing body, in its discretion, may levy in any fiscal year a tax sufficient to pay, in addition to the interest and principal which shall fall due in such fiscal year, any portion of the interest or principal which shall fall due in any succeeding fiscal year, and may also levy in any fiscal year a tax for sinking fund payments in addition to the tax required for such payments by the resolution authorizing any of such bonds. The governing body may provide in the resolution authorizing the issuance of any such funding or refunding bonds that any sinking fund provided for such bonds shall be used solely for the purpose of redemption of the bonds authorized by such resolution, and all bonds so purchased or redeemed shall be cancelled and shall not be reissued.
Acts 1937, ch. 300, § 10; C. Supp. 1950, § 3516.20; T.C.A. (orig. ed.), § 9-1112.
Tenn. Code Ann. § 9-21-211 — TN Code / Title 9 / Chapter 21 / Section 9-21-211
Limitation on election contests
Status: in_force

No suit, action or other proceeding contesting the validity of the bond election shall be entertained in any of the courts of this state unless such suit, action or other proceeding is commenced within ten (10) days from the date of canvassing of the returns and the determination and declaration of the results thereof by the governing body, whichever is later. Acts 1986, ch. 770, § 2-11.
No suit, action or other proceeding contesting the validity of the bond election shall be entertained in any of the courts of this state unless such suit, action or other proceeding is commenced within ten (10) days from the date of canvassing of the returns and the determination and declaration of the results thereof by the governing body, whichever is later.
Acts 1986, ch. 770, § 2-11.
Tenn. Code Ann. § 9-4-209 — TN Code / Title 9 / Chapter 4 / Section 9-4-209
Civil rights attorneys' fees awards account
Status: in_force

(a) There is hereby created a fund or account, known as the "civil rights attorneys' fees awards account," out of which federal court judgments awarding attorneys' fees in civil rights cases shall be paid where the state is liable for such judgments. (b) The civil rights attorneys' fees awards account shall be a sum sufficient account, and there shall be appropriated each year an amount sufficient to pay all fee awards for which the state is liable. (c) The civil rights attorneys' fees awards account shall be administered by the commissioner of finance and administration. Payments shall be made upon certification by the attorney general and reporter of the amount and liability of the state. Acts 1984, ch. 985, §§ 1-3; T.C.A. § 9-6-118.
(a) There is hereby created a fund or account, known as the "civil rights attorneys' fees awards account," out of which federal court judgments awarding attorneys' fees in civil rights cases shall be paid where the state is liable for such judgments.
(b) The civil rights attorneys' fees awards account shall be a sum sufficient account, and there shall be appropriated each year an amount sufficient to pay all fee awards for which the state is liable.
(c) The civil rights attorneys' fees awards account shall be administered by the commissioner of finance and administration. Payments shall be made upon certification by the attorney general and reporter of the amount and liability of the state.
Acts 1984, ch. 985, §§ 1-3; T.C.A. § 9-6-118.
Tenn. Code Ann. § 9-1-108 — TN Code / Title 9 / Chapter 1 / Section 9-1-108
Collection of funds on behalf of the state or local government - Acceptance of checks or money orders - Acceptance of credit or debit cards
Status: in_force

(a) It is lawful for any municipal, county or state officer to receive, in payment of any public taxes, licenses, fines, fees or other moneys collected, checks or money orders made payable to the appropriate municipal official, county officer or to the "State of Tennessee." If a check or money order so received is not duly paid, the person by whom such check or money order has been tendered shall remain liable for the payment of the tax, license, fee or other obligation, and for all legal penalties and/or interest, to the same extent as if such check or money order had not been tendered. (b) It is lawful for any public official who collects funds on behalf of the state or any local government to receive checks in such public official's official capacity made payable either to the individual public office or to the individual person's name who holds such public office; provided, that it is unlawful for any such public official to instruct the public to make such checks payable to the individual person's name who holds such public office on any notice sent to the public to collect such funds. This subsection (b) applies only to any county with a metropolitan form of government and is controlling if in conflict with any county or local ordinance to the contrary. (c) (1) It is lawful for any municipal or county entity or officer to receive payment by credit card or debit card for any public taxes, licenses, fines, fees or other moneys collected by such municipal or county entity or officer. (2) As used in this subsection (c), unless the context otherwise requires: (A) "Credit card" has the same meaning as defined in § 47-22-101 ; (B) "Debit card" has the same meaning as defined in § 39-14-102 ; and (C) "Municipal or county entity" includes, but is not limited to, a municipality, county, metropolitan government, utility district, board, commission or authority created or authorized by general or local law. (3) Any municipal or county entity or officer collecting payment by credit card or debit card pursuant to this subsection (c) shall set and collect a processing fee in an amount that is equal to the amount paid the third party processor for processing the payment. Such processing fee may be waived by approval of the governing body. (4) If a payment by credit card is not honored by the credit card company issuing the card, or if a payment by a debit card is not honored by the entity on which the funds are drawn, the municipal or county governmental entity or officer may collect a service charge from the person who owes the municipal or county tax, fee, fine, penalty, interest or other charge, for processing the transaction. The amount of the service charge shall be the same amount as the fee charged for the collection of a check drawn on an account with insufficient funds; provided, that this service charge shall not apply nor be collected if an electronic device is used to conduct the transaction, the card and card holder are present, and the officer learns of the declination of the credit card or debit card at the time the transaction is processed. (5) The municipal or county entity or officer collecting funds through payment by a credit card or debit card shall state on any notice to the person owing the tax, fine, fee or other money either the percentage of the processing fee for use of a credit card or debit card or the actual fee imposed for the use of a credit card or debit card. Amended by 2016 Tenn. Acts, ch. 621,s 1, eff. 3/22/2016. Acts 1969, ch. 303, § 1; T.C.A., § 9-108; Acts 1989, ch. 480, § 1; 1992, ch. 962, § 1; 2000, ch. 706, § 1; 2001, ch. 348, §§ 1 - 3.
(a) It is lawful for any municipal, county or state officer to receive, in payment of any public taxes, licenses, fines, fees or other moneys collected, checks or money orders made payable to the appropriate municipal official, county officer or to the "State of Tennessee." If a check or money order so received is not duly paid, the person by whom such check or money order has been tendered shall remain liable for the payment of the tax, license, fee or other obligation, and for all legal penalties and/or interest, to the same extent as if such check or money order had not been tendered.
(b) It is lawful for any public official who collects funds on behalf of the state or any local government to receive checks in such public official's official capacity made payable either to the individual public office or to the individual person's name who holds such public office; provided, that it is unlawful for any such public official to instruct the public to make such checks payable to the individual person's name who holds such public office on any notice sent to the public to collect such funds. This subsection (b) applies only to any county with a metropolitan form of government and is controlling if in conflict with any county or local ordinance to the contrary.
(c) (1) It is lawful for any municipal or county entity or officer to receive payment by credit card or debit card for any public taxes, licenses, fines, fees or other moneys collected by such municipal or county entity or officer. (2) As used in this subsection (c), unless the context otherwise requires: (A) "Credit card" has the same meaning as defined in § 47-22-101 ; (B) "Debit card" has the same meaning as defined in § 39-14-102 ; and (C) "Municipal or county entity" includes, but is not limited to, a municipality, county, metropolitan government, utility district, board, commission or authority created or authorized by general or local law. (3) Any municipal or county entity or officer collecting payment by credit card or debit card pursuant to this subsection (c) shall set and collect a processing fee in an amount that is equal to the amount paid the third party processor for processing the payment. Such processing fee may be waived by approval of the governing body. (4) If a payment by credit card is not honored by the credit card company issuing the card, or if a payment by a debit card is not honored by the entity on which the funds are drawn, the municipal or county governmental entity or officer may collect a service charge from the person who owes the municipal or county tax, fee, fine, penalty, interest or other charge, for processing the transaction. The amount of the service charge shall be the same amount as the fee charged for the collection of a check drawn on an account with insufficient funds; provided, that this service charge shall not apply nor be collected if an electronic device is used to conduct the transaction, the card and card holder are present, and the officer learns of the declination of the credit card or debit card at the time the transaction is processed. (5) The municipal or county entity or officer collecting funds through payment by a credit card or debit card shall state on any notice to the person owing the tax, fine, fee or other money either the percentage of the processing fee for use of a credit card or debit card or the actual fee imposed for the use of a credit card or debit card.
(1) It is lawful for any municipal or county entity or officer to receive payment by credit card or debit card for any public taxes, licenses, fines, fees or other moneys collected by such municipal or county entity or officer.
(2) As used in this subsection (c), unless the context otherwise requires: (A) "Credit card" has the same meaning as defined in § 47-22-101 ; (B) "Debit card" has the same meaning as defined in § 39-14-102 ; and (C) "Municipal or county entity" includes, but is not limited to, a municipality, county, metropolitan government, utility district, board, commission or authority created or authorized by general or local law.
(A) "Credit card" has the same meaning as defined in § 47-22-101 ;
(B) "Debit card" has the same meaning as defined in § 39-14-102 ; and
(C) "Municipal or county entity" includes, but is not limited to, a municipality, county, metropolitan government, utility district, board, commission or authority created or authorized by general or local law.
(3) Any municipal or county entity or officer collecting payment by credit card or debit card pursuant to this subsection (c) shall set and collect a processing fee in an amount that is equal to the amount paid the third party processor for processing the payment. Such processing fee may be waived by approval of the governing body.
(4) If a payment by credit card is not honored by the credit card company issuing the card, or if a payment by a debit card is not honored by the entity on which the funds are drawn, the municipal or county governmental entity or officer may collect a service charge from the person who owes the municipal or county tax, fee, fine, penalty, interest or other charge, for processing the transaction. The amount of the service charge shall be the same amount as the fee charged for the collection of a check drawn on an account with insufficient funds; provided, that this service charge shall not apply nor be collected if an electronic device is used to conduct the transaction, the card and card holder are present, and the officer learns of the declination of the credit card or debit card at the time the transaction is processed.
(5) The municipal or county entity or officer collecting funds through payment by a credit card or debit card shall state on any notice to the person owing the tax, fine, fee or other money either the percentage of the processing fee for use of a credit card or debit card or the actual fee imposed for the use of a credit card or debit card.
Amended by 2016 Tenn. Acts, ch. 621,s 1, eff. 3/22/2016.
Acts 1969, ch. 303, § 1; T.C.A., § 9-108; Acts 1989, ch. 480, § 1; 1992, ch. 962, § 1; 2000, ch. 706, § 1; 2001, ch. 348, §§ 1 - 3.
Tenn. Code Ann. § 9-4-5110 — TN Code / Title 9 / Chapter 4 / Section 9-4-5110
Work program - Allotments
Status: in_force

(a) Not later than June 1 of each year, the governor shall require the head of each department, office, and agency of the state government to submit to the commissioner of finance and administration a work program for the ensuing fiscal year, such program to include all appropriations made by the general assembly to such department, office, or agency for its operation and maintenance and for capital projects, and to show the requested allotments of the appropriations by quarters for the entire fiscal year. The governor, with the assistance of the commissioner, shall review the requested allotments with respect to the work program of each department, office, or agency, and shall, if the governor deems it necessary, revise, alter, or change such allotments before approving them. The aggregate of such allotments shall not exceed the total appropriations made by the general assembly to the department, office, or agency for the fiscal year in question. The commissioner shall transmit a copy of the allotments as approved by the governor to the head of each department, office, or agency concerned. The commissioner shall thereupon authorize all expenditures to be made from the appropriations on the basis of such allotments and not otherwise. (b) Notwithstanding subsection (a), the speakers of the senate and the house of representatives or, by joint delegation, their director of legislative administration; the chief justice or, by delegation, the administrative director of the courts; the attorney general and reporter; the secretary of state; the comptroller of the treasury; and state treasurer are authorized to revise their respective budgets and personnel authorizations within the appropriations made in the appropriations act and to submit those revised summaries to the commissioner of finance and administration, who shall approve the work program of those agencies, if within the amounts appropriated. Amended by 2013 Tenn. Acts, ch. 454,s 33, eff. 5/16/2013. Acts 1937, ch. 33, § 22; C. Supp. 1950, § 255.22; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 9-608; T.C.A. § 9-6-110.
(a) Not later than June 1 of each year, the governor shall require the head of each department, office, and agency of the state government to submit to the commissioner of finance and administration a work program for the ensuing fiscal year, such program to include all appropriations made by the general assembly to such department, office, or agency for its operation and maintenance and for capital projects, and to show the requested allotments of the appropriations by quarters for the entire fiscal year. The governor, with the assistance of the commissioner, shall review the requested allotments with respect to the work program of each department, office, or agency, and shall, if the governor deems it necessary, revise, alter, or change such allotments before approving them. The aggregate of such allotments shall not exceed the total appropriations made by the general assembly to the department, office, or agency for the fiscal year in question. The commissioner shall transmit a copy of the allotments as approved by the governor to the head of each department, office, or agency concerned. The commissioner shall thereupon authorize all expenditures to be made from the appropriations on the basis of such allotments and not otherwise.
(b) Notwithstanding subsection (a), the speakers of the senate and the house of representatives or, by joint delegation, their director of legislative administration; the chief justice or, by delegation, the administrative director of the courts; the attorney general and reporter; the secretary of state; the comptroller of the treasury; and state treasurer are authorized to revise their respective budgets and personnel authorizations within the appropriations made in the appropriations act and to submit those revised summaries to the commissioner of finance and administration, who shall approve the work program of those agencies, if within the amounts appropriated.
Amended by 2013 Tenn. Acts, ch. 454,s 33, eff. 5/16/2013.
Acts 1937, ch. 33, § 22; C. Supp. 1950, § 255.22; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 9-608; T.C.A. § 9-6-110.
Tenn. Code Ann. § 9-4-301 — TN Code / Title 9 / Chapter 4 / Section 9-4-301
State funds to be deposited
Status: in_force

(a) It is the duty of every department, institution, office and agency of the state and every officer and employee of state government, including the state treasurer, collecting or receiving state funds, to deposit them immediately into the state treasury or to the account of the state treasurer in a bank designated as a state depository or to the appropriate departmental account if authorized by § 9-4-302 . The state funding board has the authority to establish a cash management policy to govern the cash management and deposit practices of every department, institution, office and agency of state government. The board is authorized to review cash management practices and make recommendations to appropriate state officials regarding modifications to current practices as well as the cash processing equipment needs of various state agencies. (b) Notwithstanding any other law to the contrary, and notwithstanding any written comment on the payment instrument or any other verbal or written comment, whenever any official deposits state funds in accordance with subsection (a), in any form or description, including, but not limited to, checks, drafts or warrants, that deposit shall in no manner relieve the person or organization submitting the amount of any liability which has or is subsequently determined to be owed to the state except to the extent that the amount deposited discharges the amount owed to the state. When an instrument is tendered by such person or organization and is deposited by the state for an amount which is less than the full amount owed, the remaining liability is enforceable in the same manner as the original amount owed to the state. (c) (1) Such deposit shall be made without any deductions on account of salaries, fees, costs, charges, expenses, refunds, claims, or demands of any description whatsoever. (2) Notwithstanding subdivision (c)(1), a department, institution, office, or agency of the state may enter into an agreement with a third party to collect state funds on its behalf under which the third party is permitted to deduct its service fee from the funds collected prior to deposit when such agreement is approved in accordance with title 4, chapter 56. (3) The chief procurement officer shall file an annual report listing the contracts approved pursuant to subdivision (c)(2) with the chairs of the finance, ways and means committees of the house of representatives and the senate no later than July 1 each year. It is the duty of all state agencies to furnish to the central procurement office, upon request, data relating to such revenue contracts. (d) Unless otherwise provided by law, all county and other officials collecting moneys for the use and benefit of the state shall remit the same to the commissioner of revenue in accordance with procedures established by the commissioner of finance and administration and approved by the state treasurer and the comptroller of the treasury. Amended by 2021 Tenn. Acts, ch. 172, s 1, eff. 4/20/2021. Acts 1985, ch. 118, § 24; 1986, ch. 923, § 2; 1988, ch. 602, § 7.
(a) It is the duty of every department, institution, office and agency of the state and every officer and employee of state government, including the state treasurer, collecting or receiving state funds, to deposit them immediately into the state treasury or to the account of the state treasurer in a bank designated as a state depository or to the appropriate departmental account if authorized by § 9-4-302 . The state funding board has the authority to establish a cash management policy to govern the cash management and deposit practices of every department, institution, office and agency of state government. The board is authorized to review cash management practices and make recommendations to appropriate state officials regarding modifications to current practices as well as the cash processing equipment needs of various state agencies.
(b) Notwithstanding any other law to the contrary, and notwithstanding any written comment on the payment instrument or any other verbal or written comment, whenever any official deposits state funds in accordance with subsection (a), in any form or description, including, but not limited to, checks, drafts or warrants, that deposit shall in no manner relieve the person or organization submitting the amount of any liability which has or is subsequently determined to be owed to the state except to the extent that the amount deposited discharges the amount owed to the state. When an instrument is tendered by such person or organization and is deposited by the state for an amount which is less than the full amount owed, the remaining liability is enforceable in the same manner as the original amount owed to the state.
(c) (1) Such deposit shall be made without any deductions on account of salaries, fees, costs, charges, expenses, refunds, claims, or demands of any description whatsoever. (2) Notwithstanding subdivision (c)(1), a department, institution, office, or agency of the state may enter into an agreement with a third party to collect state funds on its behalf under which the third party is permitted to deduct its service fee from the funds collected prior to deposit when such agreement is approved in accordance with title 4, chapter 56. (3) The chief procurement officer shall file an annual report listing the contracts approved pursuant to subdivision (c)(2) with the chairs of the finance, ways and means committees of the house of representatives and the senate no later than July 1 each year. It is the duty of all state agencies to furnish to the central procurement office, upon request, data relating to such revenue contracts.
(1) Such deposit shall be made without any deductions on account of salaries, fees, costs, charges, expenses, refunds, claims, or demands of any description whatsoever.
(2) Notwithstanding subdivision (c)(1), a department, institution, office, or agency of the state may enter into an agreement with a third party to collect state funds on its behalf under which the third party is permitted to deduct its service fee from the funds collected prior to deposit when such agreement is approved in accordance with title 4, chapter 56.
(3) The chief procurement officer shall file an annual report listing the contracts approved pursuant to subdivision (c)(2) with the chairs of the finance, ways and means committees of the house of representatives and the senate no later than July 1 each year. It is the duty of all state agencies to furnish to the central procurement office, upon request, data relating to such revenue contracts.
(d) Unless otherwise provided by law, all county and other officials collecting moneys for the use and benefit of the state shall remit the same to the commissioner of revenue in accordance with procedures established by the commissioner of finance and administration and approved by the state treasurer and the comptroller of the treasury.
Amended by 2021 Tenn. Acts, ch. 172, s 1, eff. 4/20/2021.
Acts 1985, ch. 118, § 24; 1986, ch. 923, § 2; 1988, ch. 602, § 7.
Tenn. Code Ann. § 9-4-5109 — TN Code / Title 9 / Chapter 4 / Section 9-4-5109
Amendment of appropriation recommendations
Status: in_force

The governor may amend or supplement the governor's recommendations as to the general appropriations bill while it is before the general assembly. Acts 1937, ch. 33, § 23; C. Supp. 1950, § 255.23; T.C.A. (orig. ed.), § 9-607; T.C.A. § 9-6-109.
The governor may amend or supplement the governor's recommendations as to the general appropriations bill while it is before the general assembly.
Acts 1937, ch. 33, § 23; C. Supp. 1950, § 255.23; T.C.A. (orig. ed.), § 9-607; T.C.A. § 9-6-109.
Tenn. Code Ann. § 9-21-1015 — TN Code / Title 9 / Chapter 21 / Section 9-21-1015
Rates prescribed sufficient to produce sufficient revenues
Status: in_force

The governing body of a local government issuing revenue refunding bonds pursuant to this part and part 1 of this chapter shall prescribe and collect reasonable rates, fees or charges for the services, facilities and commodities of the enterprise, and shall revise such rates, fees or charges from time to time whenever necessary so that the enterprise shall be and always remain self-supporting. The rates, fees or charges prescribed shall be at least sufficient to produce revenue to: (1) Provide for all expenses of operation and maintenance of the enterprise, including reasonable reserves therefor; and (2) Pay when due all bonds and interest thereon, for the payment of which such revenue is or shall have been pledged, charged or otherwise encumbered, including reasonable reserves therefor. Acts 1986, ch. 770, § 10-15.
The governing body of a local government issuing revenue refunding bonds pursuant to this part and part 1 of this chapter shall prescribe and collect reasonable rates, fees or charges for the services, facilities and commodities of the enterprise, and shall revise such rates, fees or charges from time to time whenever necessary so that the enterprise shall be and always remain self-supporting. The rates, fees or charges prescribed shall be at least sufficient to produce revenue to:
(1) Provide for all expenses of operation and maintenance of the enterprise, including reasonable reserves therefor; and
(2) Pay when due all bonds and interest thereon, for the payment of which such revenue is or shall have been pledged, charged or otherwise encumbered, including reasonable reserves therefor.
Acts 1986, ch. 770, § 10-15.
Tenn. Code Ann. § 9-5-102 — TN Code / Title 9 / Chapter 5 / Section 9-5-102
Chapter definitions
Status: in_force

As used in this chapter: (1) "Governmental entity" means a branch, department, agency, commission, or instrumentality of state or local government; (2) "Local government" means a county, municipality, city, or other political subdivision of this state; (3) "State credit support program" means a state program that guarantees or provides credit enhancements, such as state support for interest or principal payments, to the debt of private parties or governmental entities, under which the state is required to provide money if the borrower fails to pay; and (4) "State lending program" means a state program that offers money to private parties or governmental entities with the expectation of repayment. Added by 2022 Tenn. Acts, ch. 669, s 1, eff. 7/1/2022.
As used in this chapter:
(1) "Governmental entity" means a branch, department, agency, commission, or instrumentality of state or local government;
(2) "Local government" means a county, municipality, city, or other political subdivision of this state;
(3) "State credit support program" means a state program that guarantees or provides credit enhancements, such as state support for interest or principal payments, to the debt of private parties or governmental entities, under which the state is required to provide money if the borrower fails to pay; and
(4) "State lending program" means a state program that offers money to private parties or governmental entities with the expectation of repayment.
Added by 2022 Tenn. Acts, ch. 669, s 1, eff. 7/1/2022.
Tenn. Code Ann. § 9-4-409 — TN Code / Title 9 / Chapter 4 / Section 9-4-409
Trustee custodians
Status: in_force

(a) When any trustee custodian holds collateral for a state depository which is related to the custodian through shared ownership or control, such collateral shall be held in a restricted account at a federal reserve bank or branch thereof or at a federal home loan bank or branch thereof. (b) The state treasurer is expressly authorized either in person or by agent to examine and check the collateral held by the trustee custodian and to require reasonable reports from the trustee custodian. (c) Neither the state nor the state treasurer is liable to the state depository for eligible collateral deposited with or held by any trustee custodian, for any loss arising from any breach of the trust or agreement or from any other cause while such eligible collateral is in the possession or custody of such trustee custodian pursuant to a trust receipt. Acts 1985, ch. 118, § 39; 1990, ch. 702, § 7.
(a) When any trustee custodian holds collateral for a state depository which is related to the custodian through shared ownership or control, such collateral shall be held in a restricted account at a federal reserve bank or branch thereof or at a federal home loan bank or branch thereof.
(b) The state treasurer is expressly authorized either in person or by agent to examine and check the collateral held by the trustee custodian and to require reasonable reports from the trustee custodian.
(c) Neither the state nor the state treasurer is liable to the state depository for eligible collateral deposited with or held by any trustee custodian, for any loss arising from any breach of the trust or agreement or from any other cause while such eligible collateral is in the possession or custody of such trustee custodian pursuant to a trust receipt.
Acts 1985, ch. 118, § 39; 1990, ch. 702, § 7.
Tenn. Code Ann. § 9-22-101 — TN Code / Title 9 / Chapter 22 / Section 9-22-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Perfection, Priority and Enforcement of Public Pledges and Liens Act." Acts 2001, ch. 290, § 1.
This chapter shall be known and may be cited as the "Perfection, Priority and Enforcement of Public Pledges and Liens Act."
Acts 2001, ch. 290, § 1.
Tenn. Code Ann. § 9-21-611 — TN Code / Title 9 / Chapter 21 / Section 9-21-611
Capital outlay notes issued solely to the environmental protection agency
Status: in_force

(a) Capital outlay notes issued solely to the environmental protection agency of the United States (EPA) under the Asbestos in School Hazard Abatement Program ( 20 U.S.C. § 4011 et seq.) may be issued for a period not to exceed twenty (20) years from the date of issue. The resolution authorizing any such issue of notes shall provide for the notes to mature serially and may provide that the notes shall be subject to redemption prior to maturity at the option of local government. The comptroller of the treasury or the comptroller's designee in approving any such notes may waive the requirement of periodic retirement. (b) All capital outlay notes issued prior to June 8, 1989, and all proceedings theretofore taken to authorize the issuance of such notes by any local government to the EPA for the asbestos in school hazard abatement program of the EPA are hereby ratified, validated and confirmed, and such notes are hereby declared to be valid and legally binding obligations payable in accordance with their terms, notwithstanding any lack of power of the governing body of the local government to authorize or issue such notes and to provide for the payment thereof in the manner stated in such notes and in the proceedings authorizing their issuance, and notwithstanding any defects or irregularities in any such proceedings or the failure of any such proceedings authorizing any such notes to comply with this chapter or any applicable general or special law. Acts 1989, ch. 542, §§ 2, 3; 2010, ch. 868, § 59.
(a) Capital outlay notes issued solely to the environmental protection agency of the United States (EPA) under the Asbestos in School Hazard Abatement Program ( 20 U.S.C. § 4011 et seq.) may be issued for a period not to exceed twenty (20) years from the date of issue. The resolution authorizing any such issue of notes shall provide for the notes to mature serially and may provide that the notes shall be subject to redemption prior to maturity at the option of local government. The comptroller of the treasury or the comptroller's designee in approving any such notes may waive the requirement of periodic retirement.
(b) All capital outlay notes issued prior to June 8, 1989, and all proceedings theretofore taken to authorize the issuance of such notes by any local government to the EPA for the asbestos in school hazard abatement program of the EPA are hereby ratified, validated and confirmed, and such notes are hereby declared to be valid and legally binding obligations payable in accordance with their terms, notwithstanding any lack of power of the governing body of the local government to authorize or issue such notes and to provide for the payment thereof in the manner stated in such notes and in the proceedings authorizing their issuance, and notwithstanding any defects or irregularities in any such proceedings or the failure of any such proceedings authorizing any such notes to comply with this chapter or any applicable general or special law.
Acts 1989, ch. 542, §§ 2, 3; 2010, ch. 868, § 59.
Tenn. Code Ann. § 9-21-911 — TN Code / Title 9 / Chapter 21 / Section 9-21-911
Sale of general obligation refunding bonds to a state or federal agency
Status: in_force

(a) If any general obligation refunding bonds are to be sold pursuant to a commitment of a state or federal agency to purchase the same, such bonds may be sold at a private negotiated sale to the state or federal agency without the necessity of any public advertisement of the sale or of the approval of the comptroller of the treasury or the comptroller's designee. (b) Any general obligation refunding bonds that are issued pursuant to subsection (a) are not subject to the requirements of § 9-21-903 if: (1) The general obligation refunding bonds will repay a public building authority loan authorized in title 12, chapter 10; and (2) The public building authority loan that the general obligation refunding bonds will repay was used as interim financing for the general obligation refunding bonds. (c) When a public building authority loan is used as interim financing for a general obligation refunding bond issued pursuant to subsection (a), the general obligation refunding bond resolution required by § 9-21-901 must be adopted prior to or simultaneously with the resolution authorizing the public building authority loan. Amended by 2024 Tenn. Acts, ch. 690,s 1, eff. 4/11/2024. Acts 1986, ch. 770, § 9-11; 2005, ch. 393, § 11; 2010 , ch. 868, § 67.
(a) If any general obligation refunding bonds are to be sold pursuant to a commitment of a state or federal agency to purchase the same, such bonds may be sold at a private negotiated sale to the state or federal agency without the necessity of any public advertisement of the sale or of the approval of the comptroller of the treasury or the comptroller's designee.
(b) Any general obligation refunding bonds that are issued pursuant to subsection (a) are not subject to the requirements of § 9-21-903 if: (1) The general obligation refunding bonds will repay a public building authority loan authorized in title 12, chapter 10; and (2) The public building authority loan that the general obligation refunding bonds will repay was used as interim financing for the general obligation refunding bonds.
(1) The general obligation refunding bonds will repay a public building authority loan authorized in title 12, chapter 10; and
(2) The public building authority loan that the general obligation refunding bonds will repay was used as interim financing for the general obligation refunding bonds.
(c) When a public building authority loan is used as interim financing for a general obligation refunding bond issued pursuant to subsection (a), the general obligation refunding bond resolution required by § 9-21-901 must be adopted prior to or simultaneously with the resolution authorizing the public building authority loan.
Amended by 2024 Tenn. Acts, ch. 690,s 1, eff. 4/11/2024.
Acts 1986, ch. 770, § 9-11; 2005, ch. 393, § 11; 2010 , ch. 868, § 67.
Tenn. Code Ann. § 9-3-406 — TN Code / Title 9 / Chapter 3 / Section 9-3-406
Establishment of process for confidential reporting of suspected illegal, improper, wasteful or fraudulent activity - Retaliatory activities prohibited
Status: in_force

(a) An audit committee created pursuant to this chapter shall establish a process by which employees, taxpayers, or other citizens may confidentially report suspected illegal, improper, wasteful, or fraudulent activity. If the information provided causes the chair of the audit committee to believe that illegal, improper, wasteful, or fraudulent activity may have occurred, then the chair of the audit committee shall report the information to the office of the comptroller of the treasury pursuant to title 8, chapter 4, part 5. The detailed information received and generated pursuant to a report of suspected illegal, improper, wasteful, or fraudulent activity, shall be considered audit working papers and is therefore not an open record pursuant to title 10, chapter 7. (b) Section 50-1-304 shall apply to all local government employees. In addition, no local government employees shall suffer any of the prohibited retaliatory actions specified in § 50-1-304 for reporting or cooperating with the audit committee, internal auditors, or auditors from, or approved by, the comptroller of the treasury, or for reporting any facts to the local government to which the audit committee is attached. Any person who knowingly and willingly retaliates or takes adverse action of any kind against any person for reporting alleged wrongdoing pursuant to this chapter commits a Class A misdemeanor. Amended by 2013 Tenn. Acts, ch. 64,s 2, eff. 4/1/2013. Acts 2009, ch. 368, § 2.
(a) An audit committee created pursuant to this chapter shall establish a process by which employees, taxpayers, or other citizens may confidentially report suspected illegal, improper, wasteful, or fraudulent activity. If the information provided causes the chair of the audit committee to believe that illegal, improper, wasteful, or fraudulent activity may have occurred, then the chair of the audit committee shall report the information to the office of the comptroller of the treasury pursuant to title 8, chapter 4, part 5. The detailed information received and generated pursuant to a report of suspected illegal, improper, wasteful, or fraudulent activity, shall be considered audit working papers and is therefore not an open record pursuant to title 10, chapter 7.
(b) Section 50-1-304 shall apply to all local government employees. In addition, no local government employees shall suffer any of the prohibited retaliatory actions specified in § 50-1-304 for reporting or cooperating with the audit committee, internal auditors, or auditors from, or approved by, the comptroller of the treasury, or for reporting any facts to the local government to which the audit committee is attached. Any person who knowingly and willingly retaliates or takes adverse action of any kind against any person for reporting alleged wrongdoing pursuant to this chapter commits a Class A misdemeanor.
Amended by 2013 Tenn. Acts, ch. 64,s 2, eff. 4/1/2013.
Acts 2009, ch. 368, § 2.
Tenn. Code Ann. § 9-21-1103 — TN Code / Title 9 / Chapter 21 / Section 9-21-1103
Method of sale of health care revenue anticipation notes
Status: in_force

Health care revenue anticipation notes may be sold in such manner either at a competitive public sale or at a private negotiated sale as the governing body of the local government may direct. Acts 2004, ch. 705, § 2.
Health care revenue anticipation notes may be sold in such manner either at a competitive public sale or at a private negotiated sale as the governing body of the local government may direct.
Acts 2004, ch. 705, § 2.
Tenn. Code Ann. § 9-9-108 — TN Code / Title 9 / Chapter 9 / Section 9-9-108
State funding board's authority to deposit or transfer funds
Status: in_force

The state funding board may: (1) Deposit funds and revenues paid to it in the pooled investment fund authorized by § 9-4-603 or in a deposit account at a bank or trust company located within or without this state, which will give such security for such deposit of the kind and type now required by law for the deposit of other state funds; or (2) Transfer cash, pending its application to the payment of the principal of or interest on the outstanding obligations of the state, into a fiduciary or trust account with a bank or trust company located within or without this state, under terms as the board may require to ensure the safety of the funds. Acts 1937, ch. 165, § 10 (Williams, § 1811.21); impl. am. Acts 1959, ch. 9, § 8; T.C.A. (orig. ed.), § 9-909; Acts 1985, ch. 118, § 65; 2000, ch. 598, § 2.
The state funding board may:
(1) Deposit funds and revenues paid to it in the pooled investment fund authorized by § 9-4-603 or in a deposit account at a bank or trust company located within or without this state, which will give such security for such deposit of the kind and type now required by law for the deposit of other state funds; or
(2) Transfer cash, pending its application to the payment of the principal of or interest on the outstanding obligations of the state, into a fiduciary or trust account with a bank or trust company located within or without this state, under terms as the board may require to ensure the safety of the funds.
Acts 1937, ch. 165, § 10 (Williams, § 1811.21); impl. am. Acts 1959, ch. 9, § 8; T.C.A. (orig. ed.), § 9-909; Acts 1985, ch. 118, § 65; 2000, ch. 598, § 2.
Tenn. Code Ann. § 9-4-405 — TN Code / Title 9 / Chapter 4 / Section 9-4-405
Interest on collateral
Status: in_force

Prior to default, the state treasurer, county trustee or other public official charged with the deposit of public funds and the trustee custodian, if the collateral is held by a trustee custodian, is authorized to remit to the state depository any and all interest, distributions or prepayments of any kind, upon eligible collateral pledged by such depository. Acts 1985, ch. 118, § 35; 1994, ch. 752, § 13.
Prior to default, the state treasurer, county trustee or other public official charged with the deposit of public funds and the trustee custodian, if the collateral is held by a trustee custodian, is authorized to remit to the state depository any and all interest, distributions or prepayments of any kind, upon eligible collateral pledged by such depository.
Acts 1985, ch. 118, § 35; 1994, ch. 752, § 13.
Tenn. Code Ann. § 9-3-501 — TN Code / Title 9 / Chapter 3 / Section 9-3-501
Short title
Status: in_force

This part shall be known and may be cited as the "Public Employee Defined Benefit Financial Security Act of 2014." Added by 2014 Tenn. Acts, ch. 990,s 3, eff. 5/22/2014.
This part shall be known and may be cited as the "Public Employee Defined Benefit Financial Security Act of 2014."
Added by 2014 Tenn. Acts, ch. 990,s 3, eff. 5/22/2014.
Tenn. Code Ann. § 9-14-107 — TN Code / Title 9 / Chapter 14 / Section 9-14-107
Record of activities and finances
Status: in_force

Appropriate financial and other records shall be kept on all transactions, which will show at all times activities planned, in progress and completed, the cost of each activity, the operational costs, and other such information as may be required to protect the public interest. An annual financial audit of the department shall be made by the comptroller of the treasury as provided by § 9-3-211 . All records shall be open for public inspection during regular working hours. All audits performed by the internal audit staff of the department shall be conducted in accordance with the standards established by the comptroller of the treasury pursuant to § 4-3-304(9) . Acts 1975, ch. 312, § 7; T.C.A., § 9-1507; Acts 1984, ch. 794, § 6.
Appropriate financial and other records shall be kept on all transactions, which will show at all times activities planned, in progress and completed, the cost of each activity, the operational costs, and other such information as may be required to protect the public interest. An annual financial audit of the department shall be made by the comptroller of the treasury as provided by § 9-3-211 . All records shall be open for public inspection during regular working hours. All audits performed by the internal audit staff of the department shall be conducted in accordance with the standards established by the comptroller of the treasury pursuant to § 4-3-304(9) .
Acts 1975, ch. 312, § 7; T.C.A., § 9-1507; Acts 1984, ch. 794, § 6.
Tenn. Code Ann. § 9-4-707 — TN Code / Title 9 / Chapter 4 / Section 9-4-707
[Repealed]
Status: repealed

Repealed by 2022 Tenn. Acts, ch. 824, s 7, eff. 4/14/2022. Acts 2010 , ch. 728, § 1.
Repealed by 2022 Tenn. Acts, ch. 824, s 7, eff. 4/14/2022.
Acts 2010 , ch. 728, § 1.