Tenn. Code Ann. § 4-3-1016 — TN Code / Title 4 / Chapter 3 / Section 4-3-1016
Restrictions on carry forwards and transfers of funds to the state general fund
Status: in_force

(a) Notwithstanding any law to the contrary, subject to the specific provisions of an appropriation act, the commissioner of finance and administration is authorized to deny carry forwards for, and to transfer funds from, the funds, reserve accounts or programs identified in this section to the state general fund for the purpose of meeting the requirements of funding the operations of state government for the fiscal year ending June 30, 2006, and subsequent fiscal years. The authorization provided for in this subsection (a) shall not apply to allow the transfer of any fund balances that are mandated by federal law to be retained in such fund. This authority shall only apply to transfers and carry forwards necessary to fund the expenditures for the state for the fiscal year ending June 30, 2006, and subsequent fiscal years. (b) No funds shall be transferred unless specifically appropriated in an appropriations act and such funds shall only be expended in accordance with such act. (c) Notwithstanding any provision of this section to the contrary, no transfers are authorized from department of transportation funds, reserve accounts and programs in the highway fund or other funds created or referenced in titles 54, 55, 57, 65 and 67, except as authorized by § 47-18-1311 . (d) In the fiscal years ending June 30, 2008, June 30, 2009, June 30, 2010, June 30, 2011, June 30, 2014, June 30, 2020, and June 30, 2021, transfers are authorized from the following funds, reserve accounts and programs: (1) Department of finance and administration, for the department of revenue, computerized titling and registration system accumulated fees, created or referenced in title 55, chapter 4, part 1; (2) Department of finance and administration, domestic violence community education fund, created or referenced in title 36, chapter 3, part 6; (3) Department of finance and administration, electronic fingerprint imaging systems fund, created or referenced in title 67, chapter 4, part 6; (4) Department of finance and administration, family violence shelter reserve, created or referenced in title 36, chapter 6, part 4; (5) Department of finance and administration, drug courts reserve, created or referenced in title 16, chapter 22; (6) Department of finance and administration, state health planning reserve, created or referenced in title 68, chapter 11, part 16; (7) Department of finance and administration, sexual assault program, created or referenced in title 40, chapter 24; (8) Department of finance and administration, domestic assault defendant fines program, created or referenced in title 39, chapter 13, part 1; (9) Department of correction, community correction program grants, created or referenced in title 40, chapter 36, part 3; (10) Department of correction, supervision and rehabilitation accumulated fees, created or referenced in title 40, chapter 28, part 2; (11) Department of correction, GPS offender tracking fees, created or referenced in title 40, chapter 28, part 2; (12) Department of agriculture, agricultural resources conservation fund, created or referenced in title 67, chapter 4, part 4; (13) Department of agriculture, agricultural regulatory fund, created or referenced in title 43, chapter 1, part 7; (14) Department of environment and conservation, Tennessee board of water quality, oil and gas reclamation fund, created or referenced in title 60, chapter 1, part 4; (15) Department of environment and conservation, solid waste management fund, created or referenced in title 68, chapter 211, part 8; (16) Department of environment and conservation, used oil collection fund, created or referenced in title 68, chapter 211, part 10; (17) Department of environment and conservation, hazardous waste remedial action fund, created or referenced in title 68, chapter 212, part 2; (18) Department of environment and conservation, drycleaner environmental response fund, created or referenced in title 68, chapter 217; (19) Department of environment and conservation, environmental protection fund, created or referenced in title 68, chapter 203; (20) Department of environment and conservation, heritage conservation trust fund, created or referenced in title 11, chapter 7; (21) Department of environment and conservation, lead based paint abatement fund, created or referenced in title 68, chapter 131, part 4; (22) Department of environment and conservation, voluntary cleanup oversight and assistance fund, created or referenced in title 68, chapter 212, part 2; (23) Department of environment and conservation, abandoned land program, created or referenced in title 59, chapter 8, part 2; (24) Department of environment and conservation, underground storage tank fund, created or referenced in title 68, chapter 215, part 1; (25) Department of environment and conservation, surface mine reclamation fund, created or referenced in title 59, chapter 8, part 2; (26) Department of environment and conservation, local parks land acquisition fund, created or referenced in title 67, chapter 4, part 4; (27) Department of environment and conservation, state lands acquisition fund, created or referenced in title 67, chapter 4, part 4; (28) Tennessee wildlife resources agency, wetland acquisitions fund, created or referenced in title 67, chapter 4, part 4; (29) Department of correction, sex offender treatment fund, created or referenced in title 39, chapter 13, part 7; (30) Department of correction, work release supervision and rehabilitation accumulated fees, created or referenced in title 40, chapter 28, part 2; (31) Department of economic and community development, FastTrack fund, created or referenced in chapter 3, part 7 of this title; (32) Department of economic and community development, film and television incentive grants fund, created or referenced in chapter 3, part 49 of this title; (33) Department of economic and community development, job skills fund, created or referenced in title 50, chapter 7, part 4; (34) Education trust fund, created or referenced in title 49, chapter 3, part 3; (35) Department of education, driver education fund, created or referenced in title 67, chapter 4, part 6; (36) Department of education, safe schools program, created or referenced in title 49, chapter 6, part 43; (37) Department of education, special schools, created or referenced in title 49, chapter 50, part 10; (38) Department of education, Alvin C. York Institute operational reserve, created or referenced in title 49, chapter 50, part 10; (39) Department of education, Tennessee school for the blind operational reserve, created or referenced in title 49, chapter 50, part 10; (40) Department of education, Tennessee school for the deaf operational reserve, created or referenced in title 49, chapter 50, part 10; (41) Department of education, West Tennessee school for the deaf operational reserve, created or referenced in title 49, chapter 50, part 10; (42) Department of education, boys and girls clubs reserve, created or referenced in title 36, chapter 6, part 4; (43) Department of financial institutions, bank fees, created or referenced in title 45, chapter 1, part 1, and any other law and such funds in a deferred revenue account; (44) Department of commerce and insurance fees, created or referenced in Acts 2001, ch. 333, and title 56, chapter 2, part 5; title 56, chapter 4, part 1; title 56, chapter 6, part 1; title 56, chapter 14; title 56, chapter 32; title 56, chapter 35, part 1; and title 55, chapter 18; (45) Department of commerce and insurance, emergency communications funds, created or referenced in title 7, chapter 86, part 1; (46) Department of commerce and insurance, manufactured housing fund, created or referenced in title 68, chapter 126, part 4; (47) Department of labor and workforce development, employment security special administrative fund, created or referenced in title 50, chapter 7, part 5; (48) Department of labor and workforce development, Tennessee Occupational Safety and Health Act fund, created or referenced in title 50, chapter 6, part 4; (49) Department of labor and workforce development, uninsured employers fund, created or referenced in title 50, chapter 6, part 8; (50) Department of mental health and substance abuse services or the department of health, alcohol and drug addiction treatment fund, created or referenced in title 40, chapter 33, part 2; (51) Department of health, health access incentive account, created or referenced in title 66, chapter 29, part 1; (52) Department of health, child safety fund, created or referenced in title 55, chapter 9, part 6; (53) Department of health, nursing home residents fund, created or referenced in title 68, chapter 11, part 8; (54) Department of health, traumatic brain injury fund, created or referenced in title 68, chapter 55, part 4; (55) Department of revenue, [former] C.I.D. anti-theft fund, created or referenced in title 55, chapter 3, part 2; (56) Tennessee bureau of investigation, fingerprint criminal history database accumulated fees, created or referenced in title 39, chapter 17, part 13; (57) Tennessee bureau of investigation, expunged criminal offender pretrial diversion database accumulated fees, created or referenced in title 38, chapter 6, part 1 and title 40, chapter 32; (58) Tennessee bureau of investigation, intoxicant testing fund, created or referenced in title 55, chapter 10, part 4; (59) Tennessee bureau of investigation, handgun permit reserve, created or referenced in title 39, chapter 17, part 13; (60) Department of safety, driver education fund, created or referenced in title 67, chapter 4, part 6; (61) Department of safety, motorcycle rider safety fund, created or referenced in title 55, chapter 51; (62) Department of safety, handgun permit reserve, created or referenced in title 39, chapter 17, part 13; (63) Department of children's services, child abuse prevention reserve, created or referenced in title 36, chapter 6, part 4; (64) Court system Tennessee judicial information system fund, created or referenced in title 16, chapter 3, part 8; (65) Court system divorcing parents mediation fund, created or referenced in title 36, chapter 6, part 4; (66) Court system court automation hardware replacement revolving loan fund, created or referenced in title 16, chapter 3, part 10; (67) Court system municipal court clerks training and education program, created or referenced in title 16, chapter 18, part 3; (68) Secretary of state voting machines loan fund, created or referenced in title 2, chapter 9; (69) Secretary of state, voting machine reserve fund, created or referenced in title 2, chapter 9; (70) Secretary of state, Blue Book reserve, created or referenced in title 8, chapter 3, part 1; (71) Ethics commission reserve, created or referenced in title 3, chapter 6, part 1; (72) State treasurer, small and minority-owned business assistance program, created or referenced in title 65, chapter 5, part 1; (73) Health facilities commission fund, created or referenced in title 68, chapter 11, part 16; (74) Tennessee public utility commission, deferred revenue account, created or referenced in title 65, chapter 1, and any other reserve fund maintained by the Tennessee public utility commission; (75) Tennessee public utility commission, Tennessee relay services/telecommunications devices access program, created or referenced in title 65, chapter 21, part 1; and (76) Tennessee advisory commission on intergovernmental relations, accumulated balances or carry-over funds, created or referenced in chapter 10 of this title. (e) In the fiscal years ending June 30, 2009, June 30, 2010, June 30, 2011, June 30, 2020, and June 30, 2021, in addition to the transfers authorized in subsection (d), transfers are authorized from the following additional funds, reserve accounts and programs: (1) Department of correction, confiscated cash fund, created or referenced in chapter 6, part 1 of this title; (2) Department of economic and community development, [former] biofuels manufacturers incentive fund, created or referenced in title 67, chapter 3, part 4; (3) Department of health, diabetes prevention and health improvement account, created or referenced in former chapter 40, part 4 of this title [repealed]; and (4) Department of environment and conservation, natural resources trust fund, created or referenced in title 11, chapter 14, part 3. (f) In the fiscal years ending June 30, 2009, June 30, 2011 and June 30, 2014, transfers shall not be made from the following funds, reserve accounts or programs: (1) Department of transportation funds, reserve accounts and programs in the highway fund or other funds created or referenced in titles 54, 55, 57, 65 and 67, except as otherwise provided by law; (2) Department of commerce and insurance, state board of accountancy fund, created or referenced in title 62, chapter 1, part 1; (3) Department of commerce and insurance, division of regulatory boards fund, created or referenced in title 56, chapter 1, part 3; and (4) Department of health, health-related boards fund, created or referenced in title 63, chapter 1, part 1. (g) Notwithstanding Acts 2001, ch. 333, § 9 and any other law to the contrary, transfers are authorized from the department of commerce and insurance fees increased by Acts 2001, ch. 333. (h) Other law to the contrary notwithstanding, in the year ending June 30, 2009, reserves of the Tennessee public utility commission, including the deferred revenue account created or referenced in title 65, chapter 1, the assistive telecommunication device distribution program reserve created or referenced in title 65, chapter 21, part 1, and any other reserve fund maintained by the commission are available to the commission for its operational costs; and such reserves may be transferred between operational accounts of the commission. (i) In the fiscal years ending June 30, 2018, June 30, 2020, and June 30, 2021, transfers are authorized from the department of safety, handgun permit reserve, created or referenced in title 39, chapter 17, part 13. (j) In the fiscal years ending June 30, 2020, and June 30, 2021, in addition to the transfers authorized in subsections (d) and (k), transfers are authorized from the following additional funds, reserve accounts, and programs: (1) Attorney general and reporter, litigation settlement funds reserve, except as otherwise provided by law; (2) District attorneys general conference, district attorneys expunction fund, created or referenced in title 40, chapter 32; (3) District public defenders conference, public defenders expunction fund, created or referenced in title 40, chapter 32; (4) Tennessee public utility commission, underground damage prevention fund, created or referenced in title 65, chapter 31; (5) Tennessee arts commission, reserve for new specialty earmarked license plates, created or referenced in title 55, chapter 4, part 3; (6) Department of finance and administration, office of inspector general reserve, created or referenced in title 71, chapter 5, part 25; (7) Department of finance and administration, victim notification fund, created or referenced in title 67, chapter 4, part 6; (8) Department of finance and administration, horse trailer specialty license plate reserve, created or referenced in title 55, chapter 4, part 3; (9) Bureau of TennCare, Cover Tennessee litigation settlement reserve, except as otherwise provided by law; (10) Department of agriculture, animal population specialty license plate reserve, created or referenced in title 55, chapter 4, part 2; (11) Department of agriculture, agricultural specialty earmarked license plate reserve, created or referenced in title 55, chapter 4, part 2; (12) Department of environment and conservation, state parks specialty license plate reserve, created or referenced in title 55, chapter 4, part 2; (13) Department of environment and conservation, state parks Ocoee River recreation and economic development fund, created or referenced in title 11, chapter 8; (14) Department of environment and conservation, Tennessee historical commission, Tennessee Civil War or War Between the States site preservation fund, created or referenced in chapter 11, part 1 of this title; (15) Department of environment and conservation, Tennessee historical commission, historic property land acquisition fund, created or referenced in chapter 11, part 1 of this title; (16) Department of environment and conservation, tire environmental fund, created or referenced in title 68, chapter 211, part 3; (17) Department of environment and conservation, state parks birds of prey specialty license plate reserve, created or referenced in title 55, chapter 4, part 2; (18) Tennessee wildlife resources agency, wildlife resources fund, created or referenced in title 70, chapter 1, part 4; (19) Tennessee wildlife resources agency, boating safety act reserve, created or referenced in title 69, chapter 9, part 2; (20) Department of education, energy efficient schools initiative reserve, created or referenced in title 49, chapter 17; (21) Tennessee higher education commission, postsecondary licensure fee reserve, created or referenced in title 49, chapter 7, part 20; (22) Attorney general and reporter, consumer affairs division reserve, created or referenced in title 40, chapter 33, part 2; (23) Department of commerce and insurance, reduced cigarette ignition propensity and firefighter protection act enforcement fund, created or referenced in title 68, chapter 102, part 5; (24) Tennessee corrections institute, local correctional officer training fund, created or referenced in title 41, chapter 7; (25) Department of commerce and insurance, cemetery consumer protection account reserve, created or referenced in title 46, chapter 1, part 1; (26) Department of commerce and insurance, pre-need funeral consumer protection account reserve, created or referenced in title 62, chapter 5, part 4; (27) Department of commerce and insurance, securities industry education and enforcement fees, created or referenced in title 48, chapter 1, part 1; (28) Department of commerce and insurance, insurance industry education and enforcement fees, created or referenced in title 56, chapter 53, part 1; (29) Department of commerce and insurance, closed estate fund, created or referenced in title 56, chapter 9, part 3; (30) Department of military, station commander's upkeep and maintenance fund, created or referenced in title 58, chapter 1, part 5; (31) Department of health, St. Jude Children's Research Hospital specialty license plate reserve, created or referenced in title 55, chapter 4, part 2; (32) Department of safety, electronic citation fee reserve, created or referenced in title 55, chapter 10, part 2; (33) Department of environment and conservation, underground storage tank settlement funds, except as otherwise provided by law; (34) Department of environment and conservation, solid waste settlement funds, except as otherwise provided by law; (35) Department of environment and conservation, superfund settlement funds, except as otherwise provided by law; (36) Department of environment and conservation, leaking underground storage tank settlement funds, except as otherwise provided by law; (37) Court system, access to justice program reserve, created or referenced in Supreme Court Rule 50 and title 16, chapter 1; (38) Court system, board of professional responsibility reserve, created or referenced in Supreme Court Rule 9 and title 16, chapter 1; (39) Court system, Tennessee lawyers assistance program reserve, created or referenced in Supreme Court Rule 33 and title 16, chapter 1; (40) Court system, commission on continuing legal education program reserve, created or referenced in Supreme Court Rule 21 and title 16, chapter 1; (41) Court system, judicial commissioner continuing education account reserve, created or referenced in title 67, chapter 4, part 6; (42) District attorneys general conference, fraud and economic crimes reserve, created or referenced in title 40, chapter 3, part 2; (43) State treasurer, state pooled investment fund administrative reserve, created or referenced in title 9, chapter 4, part 6; (44) State treasurer, educator liability fund, created or referenced in title 9, chapter 8, part 2; (45) Department of correction, TDOC confiscated cash fund, created, or referenced in title 4, chapter 6, part 1; (46) Public defenders conference, indigent defense local litigation tax reserve, created or referenced in title 40, chapter 14, part 2; (47) Sports wagering advisory council, fantasy sports fund, created or referenced in chapter 49, part 2 of this title; (48) State treasurer, financial literacy program reserve, created or referenced in title 49, chapter 6, part 17; (49) State treasurer, electronic monitoring indigency fund, created or referenced in title 55, chapter 10, part 4; (50) Department of finance and administration, electronic monitoring indigency fund, created or referenced in title 55, chapter 10, part 4; (51) Department of finance and administration, child abuse fund, created or referenced in title 39, chapter 13, part 5; (52) Department of finance and administration, anti-human trafficking fund, created or referenced in title 39, chapter 13, part 3; (53) TennCare, maintenance of coverage trust fund, created or referenced in title 71, chapter 5, part 1; (54) TennCare, nursing home assessment trust fund, created or referenced in title 71, chapter 5, part 10; (55) Department of environment and conservation, settlement funds from Lenoir v. Porters Creek Watershed District, 586 F.2d 1081 (1978), except as otherwise provided by law; (56) Department of environment and conservation, state lands acquisition compensation fund, created or referenced in title 67, chapter 4, part 4; (57) Department of environment and conservation, settlement funds from Tennessee v. Roane Holdings, Ltd., 835 F.Supp.2d 527 (2011), except as otherwise provided by law; (58) Department of correction, Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004 reserve, created or referenced in title 40, chapter 39, part 2; (59) Department of commerce and insurance, Tennessee Professional Employee Organization Act reserve, created or referenced in title 62, chapter 43; (60) Department of labor and workforce development, employee misclassification education and enforcement fund, created or referenced in title 50, chapter 6, part 9; (61) Department of health, trauma system fund, created or referenced in title 68, chapter 59; and (62) Department of revenue, uninsured motorist identification restricted fund, created or referenced in title 55, chapter 12, part 2. (k) In the fiscal years ending June 30, 2008, June 30, 2009, June 30, 2010, June 30, 2011 and June 30, 2014, transfers are authorized from the following funds, reserve accounts and programs: (1) Department of commerce and insurance, state board of accountancy fund, created or referenced in title 62, chapter 1, part 1; (2) Department of commerce and insurance, division of regulatory boards fund, created or referenced in title 56, chapter 1, part 3; (3) Department of health, health-related boards fund, created or referenced in title 63, chapter 1, part 1; (4) Department of commerce and insurance, real estate education and recovery education fund, created or referenced in title 62, chapter 13, part 2; (5) Department of commerce and insurance, real estate education and recovery claims fund, created or referenced in title 62, chapter 13, part 2; and (6) Department of commerce and insurance, auctioneer education and recovery account, created or referenced in title 62, chapter 19. (l) In the fiscal years ending June 30, 2020, and June 30, 2021, transfers shall not be made from the following funds, reserve accounts or programs: (1) Tennessee board of court reporting fund, created or referenced in title 20, chapter 9, part 6; (2) Department of agriculture, beef promotion board reserve, created or referenced in title 43, chapter 29; and (3) Department of agriculture, cotton growers' organization reserve, created or referenced in title 43, chapter 6, part 4. Amended by 2023 Tenn. Acts, ch. 143, s 6, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 1119, s 1, eff. 7/1/2022. Amended by 2020 Tenn. Acts, ch. 759, Secs.s 1, s 2, s 3, s 4, s 12, s 13 eff. 6/30/2020. Subsection (d)(14) amended by 2018 Tenn. Acts, ch. 839, s 3, eff. eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries. Amended by 2018 Tenn. Acts, ch. 1063, s 1, eff. 5/21/2018. Amended by 2017 Tenn. Acts, ch. 94, Secs.s 4, s 77 eff. 4/4/2017. Amended by 2014 Tenn. Acts, ch. 917, s 5, Sec.s 6, Secs.s 8, s 9 eff. 5/13/2014. Acts 2004, ch. 512, § 1; 2005, ch. 500, § 10; 2008 , ch. 1191, § 1; 2009 , ch. 197, § 1; 2009 , ch. 531, §§ 14, 15, 19; 2010 , ch. 1100, § 8; 2011 , ch. 509, § 1; 2012 , ch. 575, § 1; 2012 , ch. 727, § 2.
(a) Notwithstanding any law to the contrary, subject to the specific provisions of an appropriation act, the commissioner of finance and administration is authorized to deny carry forwards for, and to transfer funds from, the funds, reserve accounts or programs identified in this section to the state general fund for the purpose of meeting the requirements of funding the operations of state government for the fiscal year ending June 30, 2006, and subsequent fiscal years. The authorization provided for in this subsection (a) shall not apply to allow the transfer of any fund balances that are mandated by federal law to be retained in such fund. This authority shall only apply to transfers and carry forwards necessary to fund the expenditures for the state for the fiscal year ending June 30, 2006, and subsequent fiscal years.
(b) No funds shall be transferred unless specifically appropriated in an appropriations act and such funds shall only be expended in accordance with such act.
(c) Notwithstanding any provision of this section to the contrary, no transfers are authorized from department of transportation funds, reserve accounts and programs in the highway fund or other funds created or referenced in titles 54, 55, 57, 65 and 67, except as authorized by § 47-18-1311 .
(d) In the fiscal years ending June 30, 2008, June 30, 2009, June 30, 2010, June 30, 2011, June 30, 2014, June 30, 2020, and June 30, 2021, transfers are authorized from the following funds, reserve accounts and programs: (1) Department of finance and administration, for the department of revenue, computerized titling and registration system accumulated fees, created or referenced in title 55, chapter 4, part 1; (2) Department of finance and administration, domestic violence community education fund, created or referenced in title 36, chapter 3, part 6; (3) Department of finance and administration, electronic fingerprint imaging systems fund, created or referenced in title 67, chapter 4, part 6; (4) Department of finance and administration, family violence shelter reserve, created or referenced in title 36, chapter 6, part 4; (5) Department of finance and administration, drug courts reserve, created or referenced in title 16, chapter 22; (6) Department of finance and administration, state health planning reserve, created or referenced in title 68, chapter 11, part 16; (7) Department of finance and administration, sexual assault program, created or referenced in title 40, chapter 24; (8) Department of finance and administration, domestic assault defendant fines program, created or referenced in title 39, chapter 13, part 1; (9) Department of correction, community correction program grants, created or referenced in title 40, chapter 36, part 3; (10) Department of correction, supervision and rehabilitation accumulated fees, created or referenced in title 40, chapter 28, part 2; (11) Department of correction, GPS offender tracking fees, created or referenced in title 40, chapter 28, part 2; (12) Department of agriculture, agricultural resources conservation fund, created or referenced in title 67, chapter 4, part 4; (13) Department of agriculture, agricultural regulatory fund, created or referenced in title 43, chapter 1, part 7; (14) Department of environment and conservation, Tennessee board of water quality, oil and gas reclamation fund, created or referenced in title 60, chapter 1, part 4; (15) Department of environment and conservation, solid waste management fund, created or referenced in title 68, chapter 211, part 8; (16) Department of environment and conservation, used oil collection fund, created or referenced in title 68, chapter 211, part 10; (17) Department of environment and conservation, hazardous waste remedial action fund, created or referenced in title 68, chapter 212, part 2; (18) Department of environment and conservation, drycleaner environmental response fund, created or referenced in title 68, chapter 217; (19) Department of environment and conservation, environmental protection fund, created or referenced in title 68, chapter 203; (20) Department of environment and conservation, heritage conservation trust fund, created or referenced in title 11, chapter 7; (21) Department of environment and conservation, lead based paint abatement fund, created or referenced in title 68, chapter 131, part 4; (22) Department of environment and conservation, voluntary cleanup oversight and assistance fund, created or referenced in title 68, chapter 212, part 2; (23) Department of environment and conservation, abandoned land program, created or referenced in title 59, chapter 8, part 2; (24) Department of environment and conservation, underground storage tank fund, created or referenced in title 68, chapter 215, part 1; (25) Department of environment and conservation, surface mine reclamation fund, created or referenced in title 59, chapter 8, part 2; (26) Department of environment and conservation, local parks land acquisition fund, created or referenced in title 67, chapter 4, part 4; (27) Department of environment and conservation, state lands acquisition fund, created or referenced in title 67, chapter 4, part 4; (28) Tennessee wildlife resources agency, wetland acquisitions fund, created or referenced in title 67, chapter 4, part 4; (29) Department of correction, sex offender treatment fund, created or referenced in title 39, chapter 13, part 7; (30) Department of correction, work release supervision and rehabilitation accumulated fees, created or referenced in title 40, chapter 28, part 2; (31) Department of economic and community development, FastTrack fund, created or referenced in chapter 3, part 7 of this title; (32) Department of economic and community development, film and television incentive grants fund, created or referenced in chapter 3, part 49 of this title; (33) Department of economic and community development, job skills fund, created or referenced in title 50, chapter 7, part 4; (34) Education trust fund, created or referenced in title 49, chapter 3, part 3; (35) Department of education, driver education fund, created or referenced in title 67, chapter 4, part 6; (36) Department of education, safe schools program, created or referenced in title 49, chapter 6, part 43; (37) Department of education, special schools, created or referenced in title 49, chapter 50, part 10; (38) Department of education, Alvin C. York Institute operational reserve, created or referenced in title 49, chapter 50, part 10; (39) Department of education, Tennessee school for the blind operational reserve, created or referenced in title 49, chapter 50, part 10; (40) Department of education, Tennessee school for the deaf operational reserve, created or referenced in title 49, chapter 50, part 10; (41) Department of education, West Tennessee school for the deaf operational reserve, created or referenced in title 49, chapter 50, part 10; (42) Department of education, boys and girls clubs reserve, created or referenced in title 36, chapter 6, part 4; (43) Department of financial institutions, bank fees, created or referenced in title 45, chapter 1, part 1, and any other law and such funds in a deferred revenue account; (44) Department of commerce and insurance fees, created or referenced in Acts 2001, ch. 333, and title 56, chapter 2, part 5; title 56, chapter 4, part 1; title 56, chapter 6, part 1; title 56, chapter 14; title 56, chapter 32; title 56, chapter 35, part 1; and title 55, chapter 18; (45) Department of commerce and insurance, emergency communications funds, created or referenced in title 7, chapter 86, part 1; (46) Department of commerce and insurance, manufactured housing fund, created or referenced in title 68, chapter 126, part 4; (47) Department of labor and workforce development, employment security special administrative fund, created or referenced in title 50, chapter 7, part 5; (48) Department of labor and workforce development, Tennessee Occupational Safety and Health Act fund, created or referenced in title 50, chapter 6, part 4; (49) Department of labor and workforce development, uninsured employers fund, created or referenced in title 50, chapter 6, part 8; (50) Department of mental health and substance abuse services or the department of health, alcohol and drug addiction treatment fund, created or referenced in title 40, chapter 33, part 2; (51) Department of health, health access incentive account, created or referenced in title 66, chapter 29, part 1; (52) Department of health, child safety fund, created or referenced in title 55, chapter 9, part 6; (53) Department of health, nursing home residents fund, created or referenced in title 68, chapter 11, part 8; (54) Department of health, traumatic brain injury fund, created or referenced in title 68, chapter 55, part 4; (55) Department of revenue, [former] C.I.D. anti-theft fund, created or referenced in title 55, chapter 3, part 2; (56) Tennessee bureau of investigation, fingerprint criminal history database accumulated fees, created or referenced in title 39, chapter 17, part 13; (57) Tennessee bureau of investigation, expunged criminal offender pretrial diversion database accumulated fees, created or referenced in title 38, chapter 6, part 1 and title 40, chapter 32; (58) Tennessee bureau of investigation, intoxicant testing fund, created or referenced in title 55, chapter 10, part 4; (59) Tennessee bureau of investigation, handgun permit reserve, created or referenced in title 39, chapter 17, part 13; (60) Department of safety, driver education fund, created or referenced in title 67, chapter 4, part 6; (61) Department of safety, motorcycle rider safety fund, created or referenced in title 55, chapter 51; (62) Department of safety, handgun permit reserve, created or referenced in title 39, chapter 17, part 13; (63) Department of children's services, child abuse prevention reserve, created or referenced in title 36, chapter 6, part 4; (64) Court system Tennessee judicial information system fund, created or referenced in title 16, chapter 3, part 8; (65) Court system divorcing parents mediation fund, created or referenced in title 36, chapter 6, part 4; (66) Court system court automation hardware replacement revolving loan fund, created or referenced in title 16, chapter 3, part 10; (67) Court system municipal court clerks training and education program, created or referenced in title 16, chapter 18, part 3; (68) Secretary of state voting machines loan fund, created or referenced in title 2, chapter 9; (69) Secretary of state, voting machine reserve fund, created or referenced in title 2, chapter 9; (70) Secretary of state, Blue Book reserve, created or referenced in title 8, chapter 3, part 1; (71) Ethics commission reserve, created or referenced in title 3, chapter 6, part 1; (72) State treasurer, small and minority-owned business assistance program, created or referenced in title 65, chapter 5, part 1; (73) Health facilities commission fund, created or referenced in title 68, chapter 11, part 16; (74) Tennessee public utility commission, deferred revenue account, created or referenced in title 65, chapter 1, and any other reserve fund maintained by the Tennessee public utility commission; (75) Tennessee public utility commission, Tennessee relay services/telecommunications devices access program, created or referenced in title 65, chapter 21, part 1; and (76) Tennessee advisory commission on intergovernmental relations, accumulated balances or carry-over funds, created or referenced in chapter 10 of this title.
(1) Department of finance and administration, for the department of revenue, computerized titling and registration system accumulated fees, created or referenced in title 55, chapter 4, part 1;
(2) Department of finance and administration, domestic violence community education fund, created or referenced in title 36, chapter 3, part 6;
(3) Department of finance and administration, electronic fingerprint imaging systems fund, created or referenced in title 67, chapter 4, part 6;
(4) Department of finance and administration, family violence shelter reserve, created or referenced in title 36, chapter 6, part 4;
(5) Department of finance and administration, drug courts reserve, created or referenced in title 16, chapter 22;
(6) Department of finance and administration, state health planning reserve, created or referenced in title 68, chapter 11, part 16;
(7) Department of finance and administration, sexual assault program, created or referenced in title 40, chapter 24;
(8) Department of finance and administration, domestic assault defendant fines program, created or referenced in title 39, chapter 13, part 1;
(9) Department of correction, community correction program grants, created or referenced in title 40, chapter 36, part 3;
(10) Department of correction, supervision and rehabilitation accumulated fees, created or referenced in title 40, chapter 28, part 2;
(11) Department of correction, GPS offender tracking fees, created or referenced in title 40, chapter 28, part 2;
(12) Department of agriculture, agricultural resources conservation fund, created or referenced in title 67, chapter 4, part 4;
(13) Department of agriculture, agricultural regulatory fund, created or referenced in title 43, chapter 1, part 7;
(14) Department of environment and conservation, Tennessee board of water quality, oil and gas reclamation fund, created or referenced in title 60, chapter 1, part 4;
(15) Department of environment and conservation, solid waste management fund, created or referenced in title 68, chapter 211, part 8;
(16) Department of environment and conservation, used oil collection fund, created or referenced in title 68, chapter 211, part 10;
(17) Department of environment and conservation, hazardous waste remedial action fund, created or referenced in title 68, chapter 212, part 2;
(18) Department of environment and conservation, drycleaner environmental response fund, created or referenced in title 68, chapter 217;
(19) Department of environment and conservation, environmental protection fund, created or referenced in title 68, chapter 203;
(20) Department of environment and conservation, heritage conservation trust fund, created or referenced in title 11, chapter 7;
(21) Department of environment and conservation, lead based paint abatement fund, created or referenced in title 68, chapter 131, part 4;
(22) Department of environment and conservation, voluntary cleanup oversight and assistance fund, created or referenced in title 68, chapter 212, part 2;
(23) Department of environment and conservation, abandoned land program, created or referenced in title 59, chapter 8, part 2;
(24) Department of environment and conservation, underground storage tank fund, created or referenced in title 68, chapter 215, part 1;
(25) Department of environment and conservation, surface mine reclamation fund, created or referenced in title 59, chapter 8, part 2;
(26) Department of environment and conservation, local parks land acquisition fund, created or referenced in title 67, chapter 4, part 4;
(27) Department of environment and conservation, state lands acquisition fund, created or referenced in title 67, chapter 4, part 4;
(28) Tennessee wildlife resources agency, wetland acquisitions fund, created or referenced in title 67, chapter 4, part 4;
(29) Department of correction, sex offender treatment fund, created or referenced in title 39, chapter 13, part 7;
(30) Department of correction, work release supervision and rehabilitation accumulated fees, created or referenced in title 40, chapter 28, part 2;
(31) Department of economic and community development, FastTrack fund, created or referenced in chapter 3, part 7 of this title;
(32) Department of economic and community development, film and television incentive grants fund, created or referenced in chapter 3, part 49 of this title;
(33) Department of economic and community development, job skills fund, created or referenced in title 50, chapter 7, part 4;
(34) Education trust fund, created or referenced in title 49, chapter 3, part 3;
(35) Department of education, driver education fund, created or referenced in title 67, chapter 4, part 6;
(36) Department of education, safe schools program, created or referenced in title 49, chapter 6, part 43;
(37) Department of education, special schools, created or referenced in title 49, chapter 50, part 10;
(38) Department of education, Alvin C. York Institute operational reserve, created or referenced in title 49, chapter 50, part 10;
(39) Department of education, Tennessee school for the blind operational reserve, created or referenced in title 49, chapter 50, part 10;
(40) Department of education, Tennessee school for the deaf operational reserve, created or referenced in title 49, chapter 50, part 10;
(41) Department of education, West Tennessee school for the deaf operational reserve, created or referenced in title 49, chapter 50, part 10;
(42) Department of education, boys and girls clubs reserve, created or referenced in title 36, chapter 6, part 4;
(43) Department of financial institutions, bank fees, created or referenced in title 45, chapter 1, part 1, and any other law and such funds in a deferred revenue account;
(44) Department of commerce and insurance fees, created or referenced in Acts 2001, ch. 333, and title 56, chapter 2, part 5; title 56, chapter 4, part 1; title 56, chapter 6, part 1; title 56, chapter 14; title 56, chapter 32; title 56, chapter 35, part 1; and title 55, chapter 18;
(45) Department of commerce and insurance, emergency communications funds, created or referenced in title 7, chapter 86, part 1;
(46) Department of commerce and insurance, manufactured housing fund, created or referenced in title 68, chapter 126, part 4;
(47) Department of labor and workforce development, employment security special administrative fund, created or referenced in title 50, chapter 7, part 5;
(48) Department of labor and workforce development, Tennessee Occupational Safety and Health Act fund, created or referenced in title 50, chapter 6, part 4;
(49) Department of labor and workforce development, uninsured employers fund, created or referenced in title 50, chapter 6, part 8;
(50) Department of mental health and substance abuse services or the department of health, alcohol and drug addiction treatment fund, created or referenced in title 40, chapter 33, part 2;
(51) Department of health, health access incentive account, created or referenced in title 66, chapter 29, part 1;
(52) Department of health, child safety fund, created or referenced in title 55, chapter 9, part 6;
(53) Department of health, nursing home residents fund, created or referenced in title 68, chapter 11, part 8;
(54) Department of health, traumatic brain injury fund, created or referenced in title 68, chapter 55, part 4;
(55) Department of revenue, [former] C.I.D. anti-theft fund, created or referenced in title 55, chapter 3, part 2;
(56) Tennessee bureau of investigation, fingerprint criminal history database accumulated fees, created or referenced in title 39, chapter 17, part 13;
(57) Tennessee bureau of investigation, expunged criminal offender pretrial diversion database accumulated fees, created or referenced in title 38, chapter 6, part 1 and title 40, chapter 32;
(58) Tennessee bureau of investigation, intoxicant testing fund, created or referenced in title 55, chapter 10, part 4;
(59) Tennessee bureau of investigation, handgun permit reserve, created or referenced in title 39, chapter 17, part 13;
(60) Department of safety, driver education fund, created or referenced in title 67, chapter 4, part 6;
(61) Department of safety, motorcycle rider safety fund, created or referenced in title 55, chapter 51;
(62) Department of safety, handgun permit reserve, created or referenced in title 39, chapter 17, part 13;
(63) Department of children's services, child abuse prevention reserve, created or referenced in title 36, chapter 6, part 4;
(64) Court system Tennessee judicial information system fund, created or referenced in title 16, chapter 3, part 8;
(65) Court system divorcing parents mediation fund, created or referenced in title 36, chapter 6, part 4;
(66) Court system court automation hardware replacement revolving loan fund, created or referenced in title 16, chapter 3, part 10;
(67) Court system municipal court clerks training and education program, created or referenced in title 16, chapter 18, part 3;
(68) Secretary of state voting machines loan fund, created or referenced in title 2, chapter 9;
(69) Secretary of state, voting machine reserve fund, created or referenced in title 2, chapter 9;
(70) Secretary of state, Blue Book reserve, created or referenced in title 8, chapter 3, part 1;
(71) Ethics commission reserve, created or referenced in title 3, chapter 6, part 1;
(72) State treasurer, small and minority-owned business assistance program, created or referenced in title 65, chapter 5, part 1;
(73) Health facilities commission fund, created or referenced in title 68, chapter 11, part 16;
(74) Tennessee public utility commission, deferred revenue account, created or referenced in title 65, chapter 1, and any other reserve fund maintained by the Tennessee public utility commission;
(75) Tennessee public utility commission, Tennessee relay services/telecommunications devices access program, created or referenced in title 65, chapter 21, part 1; and
(76) Tennessee advisory commission on intergovernmental relations, accumulated balances or carry-over funds, created or referenced in chapter 10 of this title.
(e) In the fiscal years ending June 30, 2009, June 30, 2010, June 30, 2011, June 30, 2020, and June 30, 2021, in addition to the transfers authorized in subsection (d), transfers are authorized from the following additional funds, reserve accounts and programs: (1) Department of correction, confiscated cash fund, created or referenced in chapter 6, part 1 of this title; (2) Department of economic and community development, [former] biofuels manufacturers incentive fund, created or referenced in title 67, chapter 3, part 4; (3) Department of health, diabetes prevention and health improvement account, created or referenced in former chapter 40, part 4 of this title [repealed]; and (4) Department of environment and conservation, natural resources trust fund, created or referenced in title 11, chapter 14, part 3.
(1) Department of correction, confiscated cash fund, created or referenced in chapter 6, part 1 of this title;
(2) Department of economic and community development, [former] biofuels manufacturers incentive fund, created or referenced in title 67, chapter 3, part 4;
(3) Department of health, diabetes prevention and health improvement account, created or referenced in former chapter 40, part 4 of this title [repealed]; and
(4) Department of environment and conservation, natural resources trust fund, created or referenced in title 11, chapter 14, part 3.
(f) In the fiscal years ending June 30, 2009, June 30, 2011 and June 30, 2014, transfers shall not be made from the following funds, reserve accounts or programs: (1) Department of transportation funds, reserve accounts and programs in the highway fund or other funds created or referenced in titles 54, 55, 57, 65 and 67, except as otherwise provided by law; (2) Department of commerce and insurance, state board of accountancy fund, created or referenced in title 62, chapter 1, part 1; (3) Department of commerce and insurance, division of regulatory boards fund, created or referenced in title 56, chapter 1, part 3; and (4) Department of health, health-related boards fund, created or referenced in title 63, chapter 1, part 1.
(1) Department of transportation funds, reserve accounts and programs in the highway fund or other funds created or referenced in titles 54, 55, 57, 65 and 67, except as otherwise provided by law;
(2) Department of commerce and insurance, state board of accountancy fund, created or referenced in title 62, chapter 1, part 1;
(3) Department of commerce and insurance, division of regulatory boards fund, created or referenced in title 56, chapter 1, part 3; and
(4) Department of health, health-related boards fund, created or referenced in title 63, chapter 1, part 1.
(g) Notwithstanding Acts 2001, ch. 333, § 9 and any other law to the contrary, transfers are authorized from the department of commerce and insurance fees increased by Acts 2001, ch. 333.
(h) Other law to the contrary notwithstanding, in the year ending June 30, 2009, reserves of the Tennessee public utility commission, including the deferred revenue account created or referenced in title 65, chapter 1, the assistive telecommunication device distribution program reserve created or referenced in title 65, chapter 21, part 1, and any other reserve fund maintained by the commission are available to the commission for its operational costs; and such reserves may be transferred between operational accounts of the commission.
(i) In the fiscal years ending June 30, 2018, June 30, 2020, and June 30, 2021, transfers are authorized from the department of safety, handgun permit reserve, created or referenced in title 39, chapter 17, part 13.
(j) In the fiscal years ending June 30, 2020, and June 30, 2021, in addition to the transfers authorized in subsections (d) and (k), transfers are authorized from the following additional funds, reserve accounts, and programs: (1) Attorney general and reporter, litigation settlement funds reserve, except as otherwise provided by law; (2) District attorneys general conference, district attorneys expunction fund, created or referenced in title 40, chapter 32; (3) District public defenders conference, public defenders expunction fund, created or referenced in title 40, chapter 32; (4) Tennessee public utility commission, underground damage prevention fund, created or referenced in title 65, chapter 31; (5) Tennessee arts commission, reserve for new specialty earmarked license plates, created or referenced in title 55, chapter 4, part 3; (6) Department of finance and administration, office of inspector general reserve, created or referenced in title 71, chapter 5, part 25; (7) Department of finance and administration, victim notification fund, created or referenced in title 67, chapter 4, part 6; (8) Department of finance and administration, horse trailer specialty license plate reserve, created or referenced in title 55, chapter 4, part 3; (9) Bureau of TennCare, Cover Tennessee litigation settlement reserve, except as otherwise provided by law; (10) Department of agriculture, animal population specialty license plate reserve, created or referenced in title 55, chapter 4, part 2; (11) Department of agriculture, agricultural specialty earmarked license plate reserve, created or referenced in title 55, chapter 4, part 2; (12) Department of environment and conservation, state parks specialty license plate reserve, created or referenced in title 55, chapter 4, part 2; (13) Department of environment and conservation, state parks Ocoee River recreation and economic development fund, created or referenced in title 11, chapter 8; (14) Department of environment and conservation, Tennessee historical commission, Tennessee Civil War or War Between the States site preservation fund, created or referenced in chapter 11, part 1 of this title; (15) Department of environment and conservation, Tennessee historical commission, historic property land acquisition fund, created or referenced in chapter 11, part 1 of this title; (16) Department of environment and conservation, tire environmental fund, created or referenced in title 68, chapter 211, part 3; (17) Department of environment and conservation, state parks birds of prey specialty license plate reserve, created or referenced in title 55, chapter 4, part 2; (18) Tennessee wildlife resources agency, wildlife resources fund, created or referenced in title 70, chapter 1, part 4; (19) Tennessee wildlife resources agency, boating safety act reserve, created or referenced in title 69, chapter 9, part 2; (20) Department of education, energy efficient schools initiative reserve, created or referenced in title 49, chapter 17; (21) Tennessee higher education commission, postsecondary licensure fee reserve, created or referenced in title 49, chapter 7, part 20; (22) Attorney general and reporter, consumer affairs division reserve, created or referenced in title 40, chapter 33, part 2; (23) Department of commerce and insurance, reduced cigarette ignition propensity and firefighter protection act enforcement fund, created or referenced in title 68, chapter 102, part 5; (24) Tennessee corrections institute, local correctional officer training fund, created or referenced in title 41, chapter 7; (25) Department of commerce and insurance, cemetery consumer protection account reserve, created or referenced in title 46, chapter 1, part 1; (26) Department of commerce and insurance, pre-need funeral consumer protection account reserve, created or referenced in title 62, chapter 5, part 4; (27) Department of commerce and insurance, securities industry education and enforcement fees, created or referenced in title 48, chapter 1, part 1; (28) Department of commerce and insurance, insurance industry education and enforcement fees, created or referenced in title 56, chapter 53, part 1; (29) Department of commerce and insurance, closed estate fund, created or referenced in title 56, chapter 9, part 3; (30) Department of military, station commander's upkeep and maintenance fund, created or referenced in title 58, chapter 1, part 5; (31) Department of health, St. Jude Children's Research Hospital specialty license plate reserve, created or referenced in title 55, chapter 4, part 2; (32) Department of safety, electronic citation fee reserve, created or referenced in title 55, chapter 10, part 2; (33) Department of environment and conservation, underground storage tank settlement funds, except as otherwise provided by law; (34) Department of environment and conservation, solid waste settlement funds, except as otherwise provided by law; (35) Department of environment and conservation, superfund settlement funds, except as otherwise provided by law; (36) Department of environment and conservation, leaking underground storage tank settlement funds, except as otherwise provided by law; (37) Court system, access to justice program reserve, created or referenced in Supreme Court Rule 50 and title 16, chapter 1; (38) Court system, board of professional responsibility reserve, created or referenced in Supreme Court Rule 9 and title 16, chapter 1; (39) Court system, Tennessee lawyers assistance program reserve, created or referenced in Supreme Court Rule 33 and title 16, chapter 1; (40) Court system, commission on continuing legal education program reserve, created or referenced in Supreme Court Rule 21 and title 16, chapter 1; (41) Court system, judicial commissioner continuing education account reserve, created or referenced in title 67, chapter 4, part 6; (42) District attorneys general conference, fraud and economic crimes reserve, created or referenced in title 40, chapter 3, part 2; (43) State treasurer, state pooled investment fund administrative reserve, created or referenced in title 9, chapter 4, part 6; (44) State treasurer, educator liability fund, created or referenced in title 9, chapter 8, part 2; (45) Department of correction, TDOC confiscated cash fund, created, or referenced in title 4, chapter 6, part 1; (46) Public defenders conference, indigent defense local litigation tax reserve, created or referenced in title 40, chapter 14, part 2; (47) Sports wagering advisory council, fantasy sports fund, created or referenced in chapter 49, part 2 of this title; (48) State treasurer, financial literacy program reserve, created or referenced in title 49, chapter 6, part 17; (49) State treasurer, electronic monitoring indigency fund, created or referenced in title 55, chapter 10, part 4; (50) Department of finance and administration, electronic monitoring indigency fund, created or referenced in title 55, chapter 10, part 4; (51) Department of finance and administration, child abuse fund, created or referenced in title 39, chapter 13, part 5; (52) Department of finance and administration, anti-human trafficking fund, created or referenced in title 39, chapter 13, part 3; (53) TennCare, maintenance of coverage trust fund, created or referenced in title 71, chapter 5, part 1; (54) TennCare, nursing home assessment trust fund, created or referenced in title 71, chapter 5, part 10; (55) Department of environment and conservation, settlement funds from Lenoir v. Porters Creek Watershed District, 586 F.2d 1081 (1978), except as otherwise provided by law; (56) Department of environment and conservation, state lands acquisition compensation fund, created or referenced in title 67, chapter 4, part 4; (57) Department of environment and conservation, settlement funds from Tennessee v. Roane Holdings, Ltd., 835 F.Supp.2d 527 (2011), except as otherwise provided by law; (58) Department of correction, Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004 reserve, created or referenced in title 40, chapter 39, part 2; (59) Department of commerce and insurance, Tennessee Professional Employee Organization Act reserve, created or referenced in title 62, chapter 43; (60) Department of labor and workforce development, employee misclassification education and enforcement fund, created or referenced in title 50, chapter 6, part 9; (61) Department of health, trauma system fund, created or referenced in title 68, chapter 59; and (62) Department of revenue, uninsured motorist identification restricted fund, created or referenced in title 55, chapter 12, part 2.
(1) Attorney general and reporter, litigation settlement funds reserve, except as otherwise provided by law;
(2) District attorneys general conference, district attorneys expunction fund, created or referenced in title 40, chapter 32;
(3) District public defenders conference, public defenders expunction fund, created or referenced in title 40, chapter 32;
(4) Tennessee public utility commission, underground damage prevention fund, created or referenced in title 65, chapter 31;
(5) Tennessee arts commission, reserve for new specialty earmarked license plates, created or referenced in title 55, chapter 4, part 3;
(6) Department of finance and administration, office of inspector general reserve, created or referenced in title 71, chapter 5, part 25;
(7) Department of finance and administration, victim notification fund, created or referenced in title 67, chapter 4, part 6;
(8) Department of finance and administration, horse trailer specialty license plate reserve, created or referenced in title 55, chapter 4, part 3;
(9) Bureau of TennCare, Cover Tennessee litigation settlement reserve, except as otherwise provided by law;
(10) Department of agriculture, animal population specialty license plate reserve, created or referenced in title 55, chapter 4, part 2;
(11) Department of agriculture, agricultural specialty earmarked license plate reserve, created or referenced in title 55, chapter 4, part 2;
(12) Department of environment and conservation, state parks specialty license plate reserve, created or referenced in title 55, chapter 4, part 2;
(13) Department of environment and conservation, state parks Ocoee River recreation and economic development fund, created or referenced in title 11, chapter 8;
(14) Department of environment and conservation, Tennessee historical commission, Tennessee Civil War or War Between the States site preservation fund, created or referenced in chapter 11, part 1 of this title;
(15) Department of environment and conservation, Tennessee historical commission, historic property land acquisition fund, created or referenced in chapter 11, part 1 of this title;
(16) Department of environment and conservation, tire environmental fund, created or referenced in title 68, chapter 211, part 3;
(17) Department of environment and conservation, state parks birds of prey specialty license plate reserve, created or referenced in title 55, chapter 4, part 2;
(18) Tennessee wildlife resources agency, wildlife resources fund, created or referenced in title 70, chapter 1, part 4;
(19) Tennessee wildlife resources agency, boating safety act reserve, created or referenced in title 69, chapter 9, part 2;
(20) Department of education, energy efficient schools initiative reserve, created or referenced in title 49, chapter 17;
(21) Tennessee higher education commission, postsecondary licensure fee reserve, created or referenced in title 49, chapter 7, part 20;
(22) Attorney general and reporter, consumer affairs division reserve, created or referenced in title 40, chapter 33, part 2;
(23) Department of commerce and insurance, reduced cigarette ignition propensity and firefighter protection act enforcement fund, created or referenced in title 68, chapter 102, part 5;
(24) Tennessee corrections institute, local correctional officer training fund, created or referenced in title 41, chapter 7;
(25) Department of commerce and insurance, cemetery consumer protection account reserve, created or referenced in title 46, chapter 1, part 1;
(26) Department of commerce and insurance, pre-need funeral consumer protection account reserve, created or referenced in title 62, chapter 5, part 4;
(27) Department of commerce and insurance, securities industry education and enforcement fees, created or referenced in title 48, chapter 1, part 1;
(28) Department of commerce and insurance, insurance industry education and enforcement fees, created or referenced in title 56, chapter 53, part 1;
(29) Department of commerce and insurance, closed estate fund, created or referenced in title 56, chapter 9, part 3;
(30) Department of military, station commander's upkeep and maintenance fund, created or referenced in title 58, chapter 1, part 5;
(31) Department of health, St. Jude Children's Research Hospital specialty license plate reserve, created or referenced in title 55, chapter 4, part 2;
(32) Department of safety, electronic citation fee reserve, created or referenced in title 55, chapter 10, part 2;
(33) Department of environment and conservation, underground storage tank settlement funds, except as otherwise provided by law;
(34) Department of environment and conservation, solid waste settlement funds, except as otherwise provided by law;
(35) Department of environment and conservation, superfund settlement funds, except as otherwise provided by law;
(36) Department of environment and conservation, leaking underground storage tank settlement funds, except as otherwise provided by law;
(37) Court system, access to justice program reserve, created or referenced in Supreme Court Rule 50 and title 16, chapter 1;
(38) Court system, board of professional responsibility reserve, created or referenced in Supreme Court Rule 9 and title 16, chapter 1;
(39) Court system, Tennessee lawyers assistance program reserve, created or referenced in Supreme Court Rule 33 and title 16, chapter 1;
(40) Court system, commission on continuing legal education program reserve, created or referenced in Supreme Court Rule 21 and title 16, chapter 1;
(41) Court system, judicial commissioner continuing education account reserve, created or referenced in title 67, chapter 4, part 6;
(42) District attorneys general conference, fraud and economic crimes reserve, created or referenced in title 40, chapter 3, part 2;
(43) State treasurer, state pooled investment fund administrative reserve, created or referenced in title 9, chapter 4, part 6;
(44) State treasurer, educator liability fund, created or referenced in title 9, chapter 8, part 2;
(45) Department of correction, TDOC confiscated cash fund, created, or referenced in title 4, chapter 6, part 1;
(46) Public defenders conference, indigent defense local litigation tax reserve, created or referenced in title 40, chapter 14, part 2;
(47) Sports wagering advisory council, fantasy sports fund, created or referenced in chapter 49, part 2 of this title;
(48) State treasurer, financial literacy program reserve, created or referenced in title 49, chapter 6, part 17;
(49) State treasurer, electronic monitoring indigency fund, created or referenced in title 55, chapter 10, part 4;
(50) Department of finance and administration, electronic monitoring indigency fund, created or referenced in title 55, chapter 10, part 4;
(51) Department of finance and administration, child abuse fund, created or referenced in title 39, chapter 13, part 5;
(52) Department of finance and administration, anti-human trafficking fund, created or referenced in title 39, chapter 13, part 3;
(53) TennCare, maintenance of coverage trust fund, created or referenced in title 71, chapter 5, part 1;
(54) TennCare, nursing home assessment trust fund, created or referenced in title 71, chapter 5, part 10;
(55) Department of environment and conservation, settlement funds from Lenoir v. Porters Creek Watershed District, 586 F.2d 1081 (1978), except as otherwise provided by law;
(56) Department of environment and conservation, state lands acquisition compensation fund, created or referenced in title 67, chapter 4, part 4;
(57) Department of environment and conservation, settlement funds from Tennessee v. Roane Holdings, Ltd., 835 F.Supp.2d 527 (2011), except as otherwise provided by law;
(58) Department of correction, Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004 reserve, created or referenced in title 40, chapter 39, part 2;
(59) Department of commerce and insurance, Tennessee Professional Employee Organization Act reserve, created or referenced in title 62, chapter 43;
(60) Department of labor and workforce development, employee misclassification education and enforcement fund, created or referenced in title 50, chapter 6, part 9;
(61) Department of health, trauma system fund, created or referenced in title 68, chapter 59; and
(62) Department of revenue, uninsured motorist identification restricted fund, created or referenced in title 55, chapter 12, part 2.
(k) In the fiscal years ending June 30, 2008, June 30, 2009, June 30, 2010, June 30, 2011 and June 30, 2014, transfers are authorized from the following funds, reserve accounts and programs: (1) Department of commerce and insurance, state board of accountancy fund, created or referenced in title 62, chapter 1, part 1; (2) Department of commerce and insurance, division of regulatory boards fund, created or referenced in title 56, chapter 1, part 3; (3) Department of health, health-related boards fund, created or referenced in title 63, chapter 1, part 1; (4) Department of commerce and insurance, real estate education and recovery education fund, created or referenced in title 62, chapter 13, part 2; (5) Department of commerce and insurance, real estate education and recovery claims fund, created or referenced in title 62, chapter 13, part 2; and (6) Department of commerce and insurance, auctioneer education and recovery account, created or referenced in title 62, chapter 19.
(1) Department of commerce and insurance, state board of accountancy fund, created or referenced in title 62, chapter 1, part 1;
(2) Department of commerce and insurance, division of regulatory boards fund, created or referenced in title 56, chapter 1, part 3;
(3) Department of health, health-related boards fund, created or referenced in title 63, chapter 1, part 1;
(4) Department of commerce and insurance, real estate education and recovery education fund, created or referenced in title 62, chapter 13, part 2;
(5) Department of commerce and insurance, real estate education and recovery claims fund, created or referenced in title 62, chapter 13, part 2; and
(6) Department of commerce and insurance, auctioneer education and recovery account, created or referenced in title 62, chapter 19.
(l) In the fiscal years ending June 30, 2020, and June 30, 2021, transfers shall not be made from the following funds, reserve accounts or programs: (1) Tennessee board of court reporting fund, created or referenced in title 20, chapter 9, part 6; (2) Department of agriculture, beef promotion board reserve, created or referenced in title 43, chapter 29; and (3) Department of agriculture, cotton growers' organization reserve, created or referenced in title 43, chapter 6, part 4.
(1) Tennessee board of court reporting fund, created or referenced in title 20, chapter 9, part 6;
(2) Department of agriculture, beef promotion board reserve, created or referenced in title 43, chapter 29; and
(3) Department of agriculture, cotton growers' organization reserve, created or referenced in title 43, chapter 6, part 4.
Amended by 2023 Tenn. Acts, ch. 143, s 6, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 1119, s 1, eff. 7/1/2022.
Amended by 2020 Tenn. Acts, ch. 759, Secs.s 1, s 2, s 3, s 4, s 12, s 13 eff. 6/30/2020.
Subsection (d)(14) amended by 2018 Tenn. Acts, ch. 839, s 3, eff. eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.
Amended by 2018 Tenn. Acts, ch. 1063, s 1, eff. 5/21/2018.
Amended by 2017 Tenn. Acts, ch. 94, Secs.s 4, s 77 eff. 4/4/2017.
Amended by 2014 Tenn. Acts, ch. 917, s 5, Sec.s 6, Secs.s 8, s 9 eff. 5/13/2014.
Acts 2004, ch. 512, § 1; 2005, ch. 500, § 10; 2008 , ch. 1191, § 1; 2009 , ch. 197, § 1; 2009 , ch. 531, §§ 14, 15, 19; 2010 , ch. 1100, § 8; 2011 , ch. 509, § 1; 2012 , ch. 575, § 1; 2012 , ch. 727, § 2.
Tenn. Code Ann. § 4-58-103 — TN Code / Title 4 / Chapter 58 / Section 4-58-103
Verification of citizenship of applicants for benefits
Status: in_force

(a) (1) Except where prohibited by federal law, every state governmental entity and local health department shall verify, in the manner provided in this chapter, that each applicant who is eighteen (18) years of age or older and applies for a federal, state, or local public benefit from the state governmental entity or local health department, is a United States citizen or lawfully present in the United States pursuant to the federal Immigration and Nationality Act ( 8 U.S.C. § 1101 et seq.). (2) To satisfy the citizenship or lawful presence requirement of subdivision (a)(1), an applicant for a professional license or certificate that is issued pursuant to: (A) Title 63, chapter 6 or 9, for practice as a physician, may show that the applicant has applied for a valid visa that would authorize the applicant to work in the United States under federal law; or (B) Title 57 may show that the applicant has a valid J-1 or F-1 student visa, as verified by the alcoholic beverage commission. (b) (1) As provided in subdivision (b)(2), every state governmental entity or local health department shall include on all forms, electronic or otherwise, and all automated phone systems, a written or verbal statement: (A) Requiring an applicant for a federal, state or local public benefit to, under penalty of perjury, attest to the applicant's status as either: (i) A United States citizen; or (ii) A qualified alien; and (B) Describing the penalties for violations of this chapter. (2) Subdivision (b)(1) shall be implemented upon the entity's or local health department's first reprinting of applicable forms or updating of the electronic or automated phone systems, described in subdivision (b)(1), after October 1, 2012. (c) For an applicant who claims United States citizenship, the entity or local health department shall make every reasonable effort to ascertain verification of the applicant's citizenship, which may include requesting the applicant to present any one (1) of the following: (1) (A) A valid Tennessee driver license or photo identification license issued by the department of safety; or (B) A valid driver license or photo identification license from another state where the issuance requirements are at least as strict as those in Tennessee, as determined by the department of safety; (2) An official birth certificate issued by a state, jurisdiction or territory of the United States, including Puerto Rico, United States Virgin Islands, Northern Mariana Islands, American Samoa, Swains Island, Guam; provided, that Puerto Rican birth certificates issued before July 1, 2010, shall not be recognized under this subdivision (c)(2); (3) A United States government-issued certified birth certificate; (4) A valid, unexpired United States passport; (5) A United States certificate of birth abroad (DS-1350 or FS-545); (6) A report of birth abroad of a citizen of the United States (FS-240); (7) A certificate of citizenship (N560 or N561); (8) A certificate of naturalization (N550, N570 or N578); (9) A United States citizen identification card (I-197, I-179); (10) Any successor document of subdivisions (c)(4)-(9); or (11) A social security number that the entity or local health department may verify with the social security administration in accordance with federal law. (d) (1) For an applicant who claims qualified alien status, the applicant shall present two (2) forms of documentation of identity and immigration status, as determined by the United States department of homeland security to be acceptable for verification through the SAVE program; provided, that no entity or local health department is required to verify such applicant's documents through the SAVE program if two (2) such documents are presented unless otherwise required by federal law. (2) If an applicant who claims eligibility as a qualified alien is unable to present two (2) forms of documentation as described in subdivision (d)(1), then the applicant shall present at least one (1) such document that the entity or local health department shall then verify through the SAVE program or the SEVIS system. (e) Each state governmental entity or local health department shall maintain a copy of all documentation submitted by an applicant for verification in a manner consistent with the entity's or local health department's rules, regulations or policies governing storage or preservation of such documentation. (f) (1) Any document submitted pursuant to subsections (c) or (d) shall be presumed to be proof of an individual's eligibility under this chapter until a final verification is received by the state governmental entity or local health department, and no entity or local health department shall delay the distribution of any federal, state or local benefit based solely on the pendency of final verification. (2) Upon receipt of a final verification that indicates that the applicant is not a United States citizen or qualified alien, the state governmental entity or local health department shall terminate any recurring benefit, and shall pursue any action applicable against the applicant pursuant to § 4-58-104 or § 4-58-105 . (g) The verification process required by this section shall be enforced without regard to race, religion, gender, ethnicity or national origin. Amended by 2024 Tenn. Acts, ch. 921,s 1, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 281, s 1, eff. 4/28/2023. Amended by 2022 Tenn. Acts, ch. 911, s 1, eff. 7/1/2022. Amended by 2013 Tenn. Acts, ch. 120, Secs.s 2, s 3eff. 7/1/2013. Acts 2012, ch. 1061, § 1.
(a) (1) Except where prohibited by federal law, every state governmental entity and local health department shall verify, in the manner provided in this chapter, that each applicant who is eighteen (18) years of age or older and applies for a federal, state, or local public benefit from the state governmental entity or local health department, is a United States citizen or lawfully present in the United States pursuant to the federal Immigration and Nationality Act ( 8 U.S.C. § 1101 et seq.). (2) To satisfy the citizenship or lawful presence requirement of subdivision (a)(1), an applicant for a professional license or certificate that is issued pursuant to: (A) Title 63, chapter 6 or 9, for practice as a physician, may show that the applicant has applied for a valid visa that would authorize the applicant to work in the United States under federal law; or (B) Title 57 may show that the applicant has a valid J-1 or F-1 student visa, as verified by the alcoholic beverage commission.
(1) Except where prohibited by federal law, every state governmental entity and local health department shall verify, in the manner provided in this chapter, that each applicant who is eighteen (18) years of age or older and applies for a federal, state, or local public benefit from the state governmental entity or local health department, is a United States citizen or lawfully present in the United States pursuant to the federal Immigration and Nationality Act ( 8 U.S.C. § 1101 et seq.).
(2) To satisfy the citizenship or lawful presence requirement of subdivision (a)(1), an applicant for a professional license or certificate that is issued pursuant to: (A) Title 63, chapter 6 or 9, for practice as a physician, may show that the applicant has applied for a valid visa that would authorize the applicant to work in the United States under federal law; or (B) Title 57 may show that the applicant has a valid J-1 or F-1 student visa, as verified by the alcoholic beverage commission.
(A) Title 63, chapter 6 or 9, for practice as a physician, may show that the applicant has applied for a valid visa that would authorize the applicant to work in the United States under federal law; or
(B) Title 57 may show that the applicant has a valid J-1 or F-1 student visa, as verified by the alcoholic beverage commission.
(b) (1) As provided in subdivision (b)(2), every state governmental entity or local health department shall include on all forms, electronic or otherwise, and all automated phone systems, a written or verbal statement: (A) Requiring an applicant for a federal, state or local public benefit to, under penalty of perjury, attest to the applicant's status as either: (i) A United States citizen; or (ii) A qualified alien; and (B) Describing the penalties for violations of this chapter. (2) Subdivision (b)(1) shall be implemented upon the entity's or local health department's first reprinting of applicable forms or updating of the electronic or automated phone systems, described in subdivision (b)(1), after October 1, 2012.
(1) As provided in subdivision (b)(2), every state governmental entity or local health department shall include on all forms, electronic or otherwise, and all automated phone systems, a written or verbal statement: (A) Requiring an applicant for a federal, state or local public benefit to, under penalty of perjury, attest to the applicant's status as either: (i) A United States citizen; or (ii) A qualified alien; and (B) Describing the penalties for violations of this chapter.
(A) Requiring an applicant for a federal, state or local public benefit to, under penalty of perjury, attest to the applicant's status as either: (i) A United States citizen; or (ii) A qualified alien; and
(i) A United States citizen; or
(ii) A qualified alien; and
(B) Describing the penalties for violations of this chapter.
(2) Subdivision (b)(1) shall be implemented upon the entity's or local health department's first reprinting of applicable forms or updating of the electronic or automated phone systems, described in subdivision (b)(1), after October 1, 2012.
(c) For an applicant who claims United States citizenship, the entity or local health department shall make every reasonable effort to ascertain verification of the applicant's citizenship, which may include requesting the applicant to present any one (1) of the following: (1) (A) A valid Tennessee driver license or photo identification license issued by the department of safety; or (B) A valid driver license or photo identification license from another state where the issuance requirements are at least as strict as those in Tennessee, as determined by the department of safety; (2) An official birth certificate issued by a state, jurisdiction or territory of the United States, including Puerto Rico, United States Virgin Islands, Northern Mariana Islands, American Samoa, Swains Island, Guam; provided, that Puerto Rican birth certificates issued before July 1, 2010, shall not be recognized under this subdivision (c)(2); (3) A United States government-issued certified birth certificate; (4) A valid, unexpired United States passport; (5) A United States certificate of birth abroad (DS-1350 or FS-545); (6) A report of birth abroad of a citizen of the United States (FS-240); (7) A certificate of citizenship (N560 or N561); (8) A certificate of naturalization (N550, N570 or N578); (9) A United States citizen identification card (I-197, I-179); (10) Any successor document of subdivisions (c)(4)-(9); or (11) A social security number that the entity or local health department may verify with the social security administration in accordance with federal law.
(1) (A) A valid Tennessee driver license or photo identification license issued by the department of safety; or (B) A valid driver license or photo identification license from another state where the issuance requirements are at least as strict as those in Tennessee, as determined by the department of safety;
(A) A valid Tennessee driver license or photo identification license issued by the department of safety; or
(B) A valid driver license or photo identification license from another state where the issuance requirements are at least as strict as those in Tennessee, as determined by the department of safety;
(2) An official birth certificate issued by a state, jurisdiction or territory of the United States, including Puerto Rico, United States Virgin Islands, Northern Mariana Islands, American Samoa, Swains Island, Guam; provided, that Puerto Rican birth certificates issued before July 1, 2010, shall not be recognized under this subdivision (c)(2);
(3) A United States government-issued certified birth certificate;
(4) A valid, unexpired United States passport;
(5) A United States certificate of birth abroad (DS-1350 or FS-545);
(6) A report of birth abroad of a citizen of the United States (FS-240);
(7) A certificate of citizenship (N560 or N561);
(8) A certificate of naturalization (N550, N570 or N578);
(9) A United States citizen identification card (I-197, I-179);
(10) Any successor document of subdivisions (c)(4)-(9); or
(11) A social security number that the entity or local health department may verify with the social security administration in accordance with federal law.
(d) (1) For an applicant who claims qualified alien status, the applicant shall present two (2) forms of documentation of identity and immigration status, as determined by the United States department of homeland security to be acceptable for verification through the SAVE program; provided, that no entity or local health department is required to verify such applicant's documents through the SAVE program if two (2) such documents are presented unless otherwise required by federal law. (2) If an applicant who claims eligibility as a qualified alien is unable to present two (2) forms of documentation as described in subdivision (d)(1), then the applicant shall present at least one (1) such document that the entity or local health department shall then verify through the SAVE program or the SEVIS system.
(1) For an applicant who claims qualified alien status, the applicant shall present two (2) forms of documentation of identity and immigration status, as determined by the United States department of homeland security to be acceptable for verification through the SAVE program; provided, that no entity or local health department is required to verify such applicant's documents through the SAVE program if two (2) such documents are presented unless otherwise required by federal law.
(2) If an applicant who claims eligibility as a qualified alien is unable to present two (2) forms of documentation as described in subdivision (d)(1), then the applicant shall present at least one (1) such document that the entity or local health department shall then verify through the SAVE program or the SEVIS system.
(e) Each state governmental entity or local health department shall maintain a copy of all documentation submitted by an applicant for verification in a manner consistent with the entity's or local health department's rules, regulations or policies governing storage or preservation of such documentation.
(f) (1) Any document submitted pursuant to subsections (c) or (d) shall be presumed to be proof of an individual's eligibility under this chapter until a final verification is received by the state governmental entity or local health department, and no entity or local health department shall delay the distribution of any federal, state or local benefit based solely on the pendency of final verification. (2) Upon receipt of a final verification that indicates that the applicant is not a United States citizen or qualified alien, the state governmental entity or local health department shall terminate any recurring benefit, and shall pursue any action applicable against the applicant pursuant to § 4-58-104 or § 4-58-105 .
(1) Any document submitted pursuant to subsections (c) or (d) shall be presumed to be proof of an individual's eligibility under this chapter until a final verification is received by the state governmental entity or local health department, and no entity or local health department shall delay the distribution of any federal, state or local benefit based solely on the pendency of final verification.
(2) Upon receipt of a final verification that indicates that the applicant is not a United States citizen or qualified alien, the state governmental entity or local health department shall terminate any recurring benefit, and shall pursue any action applicable against the applicant pursuant to § 4-58-104 or § 4-58-105 .
(g) The verification process required by this section shall be enforced without regard to race, religion, gender, ethnicity or national origin.
Amended by 2024 Tenn. Acts, ch. 921,s 1, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 281, s 1, eff. 4/28/2023.
Amended by 2022 Tenn. Acts, ch. 911, s 1, eff. 7/1/2022.
Amended by 2013 Tenn. Acts, ch. 120, Secs.s 2, s 3eff. 7/1/2013.
Acts 2012, ch. 1061, § 1.
Tenn. Code Ann. § 4-3-708 — TN Code / Title 4 / Chapter 3 / Section 4-3-708
Broadband accessibility grant program
Status: in_force

(a) For purposes of this section: (1) "Broadband service" means broadband internet access service; (2) "Department" means the department of economic and community development; (3) "Fund" means the Tennessee broadband accessibility fund; and (4) "Unserved location" means a location without broadband service or without broadband service offering minimum download speeds of one hundred megabits per second (100 Mbps) and minimum upload speeds of twenty megabits per second (20 Mbps). (b) The commissioner of economic and community development is authorized to establish and administer the broadband accessibility grant program and all other broadband grant programs in which state or federal funds are designated for the purpose of promoting the deployment and adoption of broadband internet access services. (c) The broadband accessibility grant program is funded through the Tennessee broadband accessibility fund established as a separate account in the general fund. Subject to the availability of revenue at the end of each fiscal year, the commissioner of finance and administration is authorized to carry forward any amounts remaining in the fund or transfer any part of the fund to the revenue fluctuation reserve. Moneys in the fund must be invested by the state treasurer pursuant to title 9, chapter 4, part 6, for the sole benefit of the fund. The fund is subject to appropriations by the general assembly and gifts, grants, and other donations received by the department of economic and community development for broadband grant programs and funds. (d) (1) The department shall administer all broadband grant programs pursuant to this section and any policies developed by the department to implement this section that are not in conflict with this section. However, if any requirement of this section conflicts with a provision of federal law, then the requirement may be waived by the department if: (A) The federal government would deny federal broadband grant funds to the state if the conflicting requirement of this section was enforced, as evidenced by direct communication from the federal government; and (B) The waiver of any requirement of this section is made known to broadband service providers. (2) Policies developed by the department pursuant to this subsection (d) must provide for the awarding of grants to political subdivisions or entities of political subdivisions, corporations, limited liability companies, partnerships, or other business entities that provide last mile broadband services; cooperatives organized under the Rural Electric and Community Services Cooperative Act, compiled in title 65, chapter 25, or the Telephone Cooperative Act, compiled in title 65, chapter 29; and any other entity authorized by state law to provide last mile broadband services. (3) Notwithstanding any law to the contrary, this section, and any policies developed by the department to administer the broadband accessibility grant program pursuant to this section, apply to the broadband accessibility grant program and any other broadband program in which state or federal funds are used to promote the deployment or expansion of broadband services in this state. (e) Grants must be awarded to promote the deployment and adoption of broadband services with minimum download speeds of one hundred megabits per second (100 Mbps) and minimum upload speeds of twenty megabits per second (20 Mbps) to unserved locations. Grants may be awarded pursuant to additional criteria developed by the department that are not in conflict with this section, with priority given to projects that: (1) Propose to acquire and install infrastructure that supports broadband services scalable to download and upload speeds higher than the minimum speeds required pursuant to this subsection (e); however, this priority does not take precedence over serving a greater number of locations that are unserved locations for the lowest grant amount per location if the department also gives due consideration to high-cost or difficult-to-serve areas as part of its review of the number of locations to be served; (2) Serve locations with demonstrated community support, including, but not limited to, documented support from the political subdivision or the political subdivision receiving designation as a broadband-ready community pursuant to § 4-3-709 ; and (3) Have the ability to commit to providing at least twenty percent (20%) of the cost to deploy the broadband, unless the location to be served is a high-cost area, as determined by a federal grant program. (f) (1) When grants are requested to provide broadband service to the same location, the department shall establish a preference for approving grant applications with a greater capital contribution notwithstanding subdivision (e)(3). (2) Notwithstanding subsection (e), the department may award a portion of grant funds to local libraries in this state for the purpose of assisting the libraries in offering digital literacy training pursuant to state library and archives guidelines. (g) Moneys in the fund may be used by the department for the purpose of administering broadband grant programs. However, the expenses incurred to administer the program must not exceed five percent (5%) of the total amount appropriated for the programs in any fiscal year. (h) For any year in which grants are distributed under a broadband grant program, the department shall produce a report on the status of grants under those programs, including progress toward increased access to, and adoption of, broadband services. The report must be provided to the governor, speaker of the house of representatives, and speaker of the senate and published on the department's website. (i) The department shall not award a grant under this section that: (1) Proposes to serve a location that is already being served by at least one (1) provider offering minimum download speeds of one hundred megabits per second (100 Mbps) and minimum upload speeds of twenty megabits per second (20 Mbps); or (2) Would serve a location that has received funds, or is designated to receive funds, through a state or federally funded grant program designed specifically to encourage broadband deployment to the location with the minimum download speeds of one hundred megabits per second (100 Mbps) and minimum upload speeds of twenty megabits per second (20 Mbps). (j) The department shall maintain a state broadband accessibility map on its website that identifies unserved locations. The broadband accessibility map must be updated at least biannually. (k) The department shall allow broadband service providers a reasonable opportunity to comment on a grant application by providing data denoting the availability of broadband prior to the award of any grant pursuant to this section. (l) To protect the public interest and to ensure that all Tennesseans are ultimately served with broadband service, all recipients of funds pursuant to this section shall complete the obligations of the award of funds within the time period outlined within the agreement to award the funds unless there are circumstances that cause a delay in completing an obligation that is not within the recipient's control. If a recipient does not complete an obligation pursuant to this subsection ( l ), then the recipient is liable for repayment of the entire grant in full, plus twenty percent (20%) of the grant amount. Amended by 2023 Tenn. Acts, ch. 320, s 1, eff. 4/28/2023. Added by 2017 Tenn. Acts, ch. 228, s 2, eff. 4/24/2017. Prior version renumbered as T.C.A. s 4-3-510 by 2016 Tenn. Acts, ch. 743, s 11, eff. 4/7/2016.
(a) For purposes of this section: (1) "Broadband service" means broadband internet access service; (2) "Department" means the department of economic and community development; (3) "Fund" means the Tennessee broadband accessibility fund; and (4) "Unserved location" means a location without broadband service or without broadband service offering minimum download speeds of one hundred megabits per second (100 Mbps) and minimum upload speeds of twenty megabits per second (20 Mbps).
(1) "Broadband service" means broadband internet access service;
(2) "Department" means the department of economic and community development;
(3) "Fund" means the Tennessee broadband accessibility fund; and
(4) "Unserved location" means a location without broadband service or without broadband service offering minimum download speeds of one hundred megabits per second (100 Mbps) and minimum upload speeds of twenty megabits per second (20 Mbps).
(b) The commissioner of economic and community development is authorized to establish and administer the broadband accessibility grant program and all other broadband grant programs in which state or federal funds are designated for the purpose of promoting the deployment and adoption of broadband internet access services.
(c) The broadband accessibility grant program is funded through the Tennessee broadband accessibility fund established as a separate account in the general fund. Subject to the availability of revenue at the end of each fiscal year, the commissioner of finance and administration is authorized to carry forward any amounts remaining in the fund or transfer any part of the fund to the revenue fluctuation reserve. Moneys in the fund must be invested by the state treasurer pursuant to title 9, chapter 4, part 6, for the sole benefit of the fund. The fund is subject to appropriations by the general assembly and gifts, grants, and other donations received by the department of economic and community development for broadband grant programs and funds.
(d) (1) The department shall administer all broadband grant programs pursuant to this section and any policies developed by the department to implement this section that are not in conflict with this section. However, if any requirement of this section conflicts with a provision of federal law, then the requirement may be waived by the department if: (A) The federal government would deny federal broadband grant funds to the state if the conflicting requirement of this section was enforced, as evidenced by direct communication from the federal government; and (B) The waiver of any requirement of this section is made known to broadband service providers. (2) Policies developed by the department pursuant to this subsection (d) must provide for the awarding of grants to political subdivisions or entities of political subdivisions, corporations, limited liability companies, partnerships, or other business entities that provide last mile broadband services; cooperatives organized under the Rural Electric and Community Services Cooperative Act, compiled in title 65, chapter 25, or the Telephone Cooperative Act, compiled in title 65, chapter 29; and any other entity authorized by state law to provide last mile broadband services. (3) Notwithstanding any law to the contrary, this section, and any policies developed by the department to administer the broadband accessibility grant program pursuant to this section, apply to the broadband accessibility grant program and any other broadband program in which state or federal funds are used to promote the deployment or expansion of broadband services in this state.
(1) The department shall administer all broadband grant programs pursuant to this section and any policies developed by the department to implement this section that are not in conflict with this section. However, if any requirement of this section conflicts with a provision of federal law, then the requirement may be waived by the department if: (A) The federal government would deny federal broadband grant funds to the state if the conflicting requirement of this section was enforced, as evidenced by direct communication from the federal government; and (B) The waiver of any requirement of this section is made known to broadband service providers.
(A) The federal government would deny federal broadband grant funds to the state if the conflicting requirement of this section was enforced, as evidenced by direct communication from the federal government; and
(B) The waiver of any requirement of this section is made known to broadband service providers.
(2) Policies developed by the department pursuant to this subsection (d) must provide for the awarding of grants to political subdivisions or entities of political subdivisions, corporations, limited liability companies, partnerships, or other business entities that provide last mile broadband services; cooperatives organized under the Rural Electric and Community Services Cooperative Act, compiled in title 65, chapter 25, or the Telephone Cooperative Act, compiled in title 65, chapter 29; and any other entity authorized by state law to provide last mile broadband services.
(3) Notwithstanding any law to the contrary, this section, and any policies developed by the department to administer the broadband accessibility grant program pursuant to this section, apply to the broadband accessibility grant program and any other broadband program in which state or federal funds are used to promote the deployment or expansion of broadband services in this state.
(e) Grants must be awarded to promote the deployment and adoption of broadband services with minimum download speeds of one hundred megabits per second (100 Mbps) and minimum upload speeds of twenty megabits per second (20 Mbps) to unserved locations. Grants may be awarded pursuant to additional criteria developed by the department that are not in conflict with this section, with priority given to projects that: (1) Propose to acquire and install infrastructure that supports broadband services scalable to download and upload speeds higher than the minimum speeds required pursuant to this subsection (e); however, this priority does not take precedence over serving a greater number of locations that are unserved locations for the lowest grant amount per location if the department also gives due consideration to high-cost or difficult-to-serve areas as part of its review of the number of locations to be served; (2) Serve locations with demonstrated community support, including, but not limited to, documented support from the political subdivision or the political subdivision receiving designation as a broadband-ready community pursuant to § 4-3-709 ; and (3) Have the ability to commit to providing at least twenty percent (20%) of the cost to deploy the broadband, unless the location to be served is a high-cost area, as determined by a federal grant program.
(1) Propose to acquire and install infrastructure that supports broadband services scalable to download and upload speeds higher than the minimum speeds required pursuant to this subsection (e); however, this priority does not take precedence over serving a greater number of locations that are unserved locations for the lowest grant amount per location if the department also gives due consideration to high-cost or difficult-to-serve areas as part of its review of the number of locations to be served;
(2) Serve locations with demonstrated community support, including, but not limited to, documented support from the political subdivision or the political subdivision receiving designation as a broadband-ready community pursuant to § 4-3-709 ; and
(3) Have the ability to commit to providing at least twenty percent (20%) of the cost to deploy the broadband, unless the location to be served is a high-cost area, as determined by a federal grant program.
(f) (1) When grants are requested to provide broadband service to the same location, the department shall establish a preference for approving grant applications with a greater capital contribution notwithstanding subdivision (e)(3). (2) Notwithstanding subsection (e), the department may award a portion of grant funds to local libraries in this state for the purpose of assisting the libraries in offering digital literacy training pursuant to state library and archives guidelines.
(1) When grants are requested to provide broadband service to the same location, the department shall establish a preference for approving grant applications with a greater capital contribution notwithstanding subdivision (e)(3).
(2) Notwithstanding subsection (e), the department may award a portion of grant funds to local libraries in this state for the purpose of assisting the libraries in offering digital literacy training pursuant to state library and archives guidelines.
(g) Moneys in the fund may be used by the department for the purpose of administering broadband grant programs. However, the expenses incurred to administer the program must not exceed five percent (5%) of the total amount appropriated for the programs in any fiscal year.
(h) For any year in which grants are distributed under a broadband grant program, the department shall produce a report on the status of grants under those programs, including progress toward increased access to, and adoption of, broadband services. The report must be provided to the governor, speaker of the house of representatives, and speaker of the senate and published on the department's website.
(i) The department shall not award a grant under this section that: (1) Proposes to serve a location that is already being served by at least one (1) provider offering minimum download speeds of one hundred megabits per second (100 Mbps) and minimum upload speeds of twenty megabits per second (20 Mbps); or (2) Would serve a location that has received funds, or is designated to receive funds, through a state or federally funded grant program designed specifically to encourage broadband deployment to the location with the minimum download speeds of one hundred megabits per second (100 Mbps) and minimum upload speeds of twenty megabits per second (20 Mbps).
(1) Proposes to serve a location that is already being served by at least one (1) provider offering minimum download speeds of one hundred megabits per second (100 Mbps) and minimum upload speeds of twenty megabits per second (20 Mbps); or
(2) Would serve a location that has received funds, or is designated to receive funds, through a state or federally funded grant program designed specifically to encourage broadband deployment to the location with the minimum download speeds of one hundred megabits per second (100 Mbps) and minimum upload speeds of twenty megabits per second (20 Mbps).
(j) The department shall maintain a state broadband accessibility map on its website that identifies unserved locations. The broadband accessibility map must be updated at least biannually.
(k) The department shall allow broadband service providers a reasonable opportunity to comment on a grant application by providing data denoting the availability of broadband prior to the award of any grant pursuant to this section.
(l) To protect the public interest and to ensure that all Tennesseans are ultimately served with broadband service, all recipients of funds pursuant to this section shall complete the obligations of the award of funds within the time period outlined within the agreement to award the funds unless there are circumstances that cause a delay in completing an obligation that is not within the recipient's control. If a recipient does not complete an obligation pursuant to this subsection ( l ), then the recipient is liable for repayment of the entire grant in full, plus twenty percent (20%) of the grant amount.
Amended by 2023 Tenn. Acts, ch. 320, s 1, eff. 4/28/2023.
Added by 2017 Tenn. Acts, ch. 228, s 2, eff. 4/24/2017.
Prior version renumbered as T.C.A. s 4-3-510 by 2016 Tenn. Acts, ch. 743, s 11, eff. 4/7/2016.
Tenn. Code Ann. § 4-10-112 — TN Code / Title 4 / Chapter 10 / Section 4-10-112
Monitoring of current wholesale power supply arrangements between the TVA and municipal utilities and electric cooperatives
Status: in_force

The Tennessee advisory commission on intergovernmental relations (TACIR) is directed to continue to monitor, within existing resources, whether the current wholesale power supply arrangements between the Tennessee Valley authority and municipal utilities and electric cooperatives are likely to change in the future in a way that could affect payments in lieu of taxes from the Tennessee Valley authority to the state and to its local governments. No later than the last day of February of each year, TACIR shall report written findings to the commerce and labor committee of the senate, the commerce committee of the house of representatives, the finance, ways and means committee of the senate, and the finance, ways and means committee of the house of representatives. The report shall include recommendations, if any, on adjustments to the state tax system that would keep the state and local governments whole from such future changes. Amended by 2019 Tenn. Acts, ch. 345,s 9, eff. 5/10/2019. Amended by 2016 Tenn. Acts, ch. 797,s 15, eff. 4/14/2016. Amended by 2013 Tenn. Acts, ch. 236,s 13, eff. 4/19/2013. Acts 2010, ch. 1035, § 4.
The Tennessee advisory commission on intergovernmental relations (TACIR) is directed to continue to monitor, within existing resources, whether the current wholesale power supply arrangements between the Tennessee Valley authority and municipal utilities and electric cooperatives are likely to change in the future in a way that could affect payments in lieu of taxes from the Tennessee Valley authority to the state and to its local governments. No later than the last day of February of each year, TACIR shall report written findings to the commerce and labor committee of the senate, the commerce committee of the house of representatives, the finance, ways and means committee of the senate, and the finance, ways and means committee of the house of representatives. The report shall include recommendations, if any, on adjustments to the state tax system that would keep the state and local governments whole from such future changes.
Amended by 2019 Tenn. Acts, ch. 345,s 9, eff. 5/10/2019.
Amended by 2016 Tenn. Acts, ch. 797,s 15, eff. 4/14/2016.
Amended by 2013 Tenn. Acts, ch. 236,s 13, eff. 4/19/2013.
Acts 2010, ch. 1035, § 4.
Tenn. Code Ann. § 4-6-147 — TN Code / Title 4 / Chapter 6 / Section 4-6-147
Confiscated cash fund
Status: in_force

(a) There is established a separate department of correction confiscated cash fund. (b) All moneys collected as contraband from the inmate population at any of the facilities operated by or under the authority of the department of correction shall be paid over to the department of correction for deposit into the fund established by this section. (c) The purpose of the fund is to enhance the department's ability to combat drug trafficking in facilities operated by or under the authority of the department of correction through the use of accepted investigative techniques and interdiction efforts, including, but not limited to, the use of canine units. Any moneys within the fund shall be withdrawn or expended only for accepted drug trafficking investigative techniques and interdiction efforts, including, but not limited to, the purchasing, training and maintenance of the department's canine units. Accounting procedures for the financial administration of the funds shall be in keeping with those prescribed by the comptroller of the treasury. (d) (1) Moneys retained in the confiscated cash fund shall be invested by the state treasurer under appropriate rules and regulations to the end that adequate funds will be available for the purposes of this section. (2) Revenue that is produced for the confiscated cash fund shall not revert to the state general fund and shall not be subject to impoundment or allotment reserve, but shall be managed on a revolving no-quarter basis. Acts 2006, ch. 1007, § 1; 2007, ch. 34, § 1.
(a) There is established a separate department of correction confiscated cash fund.
(b) All moneys collected as contraband from the inmate population at any of the facilities operated by or under the authority of the department of correction shall be paid over to the department of correction for deposit into the fund established by this section.
(c) The purpose of the fund is to enhance the department's ability to combat drug trafficking in facilities operated by or under the authority of the department of correction through the use of accepted investigative techniques and interdiction efforts, including, but not limited to, the use of canine units. Any moneys within the fund shall be withdrawn or expended only for accepted drug trafficking investigative techniques and interdiction efforts, including, but not limited to, the purchasing, training and maintenance of the department's canine units. Accounting procedures for the financial administration of the funds shall be in keeping with those prescribed by the comptroller of the treasury.
(d) (1) Moneys retained in the confiscated cash fund shall be invested by the state treasurer under appropriate rules and regulations to the end that adequate funds will be available for the purposes of this section. (2) Revenue that is produced for the confiscated cash fund shall not revert to the state general fund and shall not be subject to impoundment or allotment reserve, but shall be managed on a revolving no-quarter basis.
(1) Moneys retained in the confiscated cash fund shall be invested by the state treasurer under appropriate rules and regulations to the end that adequate funds will be available for the purposes of this section.
(2) Revenue that is produced for the confiscated cash fund shall not revert to the state general fund and shall not be subject to impoundment or allotment reserve, but shall be managed on a revolving no-quarter basis.
Acts 2006, ch. 1007, § 1; 2007, ch. 34, § 1.
Tenn. Code Ann. § 4-56-107 — TN Code / Title 4 / Chapter 56 / Section 4-56-107
Requests for noncompetitive contracts to fiscal review committee - Review by the fiscal review committee - Exceptions to requests - Reports
Status: in_force

(a) (1) All requests of the procuring agency to procure goods or services through a noncompetitive contract must be contemporaneously filed with the fiscal review committee of the general assembly, comptroller of the treasury, and the chief procurement officer. For purposes of this section, "noncompetitive contract" includes any procurement arrangement, including, but not limited to, a grant or contract, but does not include a grant or contract awarded to a: (A) Public institution of higher education to procure research or public service-related goods or services; or (B) Governmental entity, including, but not limited to, a local government. (2) If review is required pursuant to subsection (a), the procuring agency shall provide the request to the fiscal review committee, which must include the following: (A) Description of the goods or services to be acquired; (B) Explanation of the need for or requirement to acquire the goods or services; (C) Name and address of the proposed contractor's principal owner; (D) Evidence that the proposed contractor has experience in providing the same or similar goods or services and evidence of the length of time the contractor has provided the same or similar goods or services; (E) Explanation of whether the goods or services were purchased by the procuring agency in the past and, if applicable, the method used to purchase the goods or services and the name and address of the contractor; (F) Description of the procuring agency's efforts to use existing state employees and resources or, in the alternative, to identify reasonable and competitive procurement alternatives, rather than to use noncompetitive negotiation; (G) Justification of why the goods or services should be acquired through noncompetitive negotiation; and (H) Any additional information that the fiscal review committee may direct the procuring agency to provide that will assist the committee in evaluating the contract. (b) (1) The following contracts and contract amendments shall be subject to review by the fiscal review committee: (A) Proposed noncompetitive contracts with a term of more than one (1) year or which contain a provision to allow for extension by either party that would extend the contract beyond twelve (12) months and which have a cumulative value of not less than two hundred fifty thousand dollars ($250,000), including all possible extensions; and (B) Any amendment to a contract meeting the term and dollar threshold requirements as described in subdivision (b)(1)(A), regardless of whether the original contract was procured through competitive or noncompetitive means, where the amendment: (i) Increases or decreases the maximum liability; (ii) Extends or shortens the contract term; (iii) Changes the entity or name of the entity with which the state is contracting; or (iv) Otherwise changes an original contract or amended contract in a substantive manner. (2) If the chief procurement officer or delegated state agency is unable to determine whether a proposed contract or amendment would be subject to review by the fiscal review committee, the chief procurement officer or delegated state agency shall contact the fiscal review committee staff for a determination. (3) The contracts subject to review shall include all contracts of the executive branch that otherwise meet the requirements of subdivision (b)(1), including, but not limited to, contracts of higher education, including the board of regents, the University of Tennessee, and the Tennessee higher education commission. Highway and road improvement contracts reviewed by the department of transportation, contracts reviewed by the state building commission and debt issuance contracts reviewed by the comptroller of the treasury shall not be subject to this review. (4) The fiscal review committee, pursuant to its jurisdiction under § 3-7-103(a) , is authorized to review any other state contract or contract amendment in accordance with the procedures established in this section without regard to whether the contract or contract amendment meets the requirements of subdivision (b)(1). (5) (A) The fiscal review committee shall have forty (40) business days from receipt of the request as provided in this section to comment on the proposed contract. After this forty-day period, any such contract authorized by the chief procurement officer may be executed. All other requests to negotiate noncompetitive contracts shall be reviewed by the fiscal review committee after approval by the chief procurement officer. With respect to such requests, the fiscal review committee shall be provided the same information to be submitted in accordance with subsection (a). The chair or the chair's designee, after consultation with the comptroller of the treasury, shall have authority to waive the forty-day period for comment and authorize the chief procurement officer to execute contracts or amendments that are determined to be in the best interest of the state, and to proceed with reporting and comment by the committee at their next scheduled meeting. (B) If an exception is granted to any request, approved in accordance with subdivision (a)(1) or rules promulgated pursuant to § 4-56-103 , then any such exception shall be filed with the fiscal review committee for its perusal, comment and review. (C) The procurement office shall file a goods and services contract report quarterly with the fiscal review committee. The report shall list contracts approved in accordance with rules authorized by § 4-56-103 during the prior quarter and detail whether each contract procurement was competitive. (D) Each procuring agency granted a special delegated authority, pursuant to rules authorized by § 4-56-105 , to establish goods and services contracts shall report to the fiscal review committee a list of all contracts awarded under the delegated authority. The list of contracts awarded shall be filed quarterly and shall include the contractor name, contract period, contract amount, method used to select the contractor, and the completion date for a monitoring review, as defined by any applicable policy developed by the chief procurement officer and any other information the procuring agency wishes to include. (E) The department of transportation shall report to the fiscal review committee on approved highway and road improvement contracts that would otherwise meet the requirements of subdivision (b)(1) within thirty (30) days of approval, including all of the information specified in subsection (a) and any other information the committee deems necessary or helpful. The fiscal review committee shall have the option to conduct a separate hearing on highway and road improvement contracts approved by the department of transportation. (F) The state building commission shall report to the fiscal review committee on contracts it has approved that would otherwise meet the requirements of subdivision (b)(1) within thirty (30) days of approval, including all of the information specified in subsection (a) and any other information the committee deems necessary or helpful. The committee shall have the option to conduct a separate hearing on contracts approved by the building commission. (c) (1) No later than the first business day of each calendar month, the chief procurement officer shall report to the director of the fiscal review committee the following information for the prior calendar month: (A) An itemized listing of all contracts, grants, or any other noncompetitive procurement means that were awarded the previous month; and (B) Any policy, procedure, or rule change to the state procurement processes planned for the following month. (2) The reports required pursuant to subdivision (c)(1) must include the name of the department or agency for which the procurement is being made, the name and contact information for the vendor, identification of the goods or services being procured, the term on the procurement method, as well as any expenditures and revenue associated with the procurement. Amended by 2021 Tenn. Acts, ch. 562, Secs.s2, s3 eff. 5/26/2021. Amended by 2013 Tenn. Acts, ch. 403, s 6, eff. 7/1/2013. Acts 2010 , ch. 1098, § 1; 2010 , ch. 1135, § 12; 2011 , ch. 295, § 5.
(a) (1) All requests of the procuring agency to procure goods or services through a noncompetitive contract must be contemporaneously filed with the fiscal review committee of the general assembly, comptroller of the treasury, and the chief procurement officer. For purposes of this section, "noncompetitive contract" includes any procurement arrangement, including, but not limited to, a grant or contract, but does not include a grant or contract awarded to a: (A) Public institution of higher education to procure research or public service-related goods or services; or (B) Governmental entity, including, but not limited to, a local government. (2) If review is required pursuant to subsection (a), the procuring agency shall provide the request to the fiscal review committee, which must include the following: (A) Description of the goods or services to be acquired; (B) Explanation of the need for or requirement to acquire the goods or services; (C) Name and address of the proposed contractor's principal owner; (D) Evidence that the proposed contractor has experience in providing the same or similar goods or services and evidence of the length of time the contractor has provided the same or similar goods or services; (E) Explanation of whether the goods or services were purchased by the procuring agency in the past and, if applicable, the method used to purchase the goods or services and the name and address of the contractor; (F) Description of the procuring agency's efforts to use existing state employees and resources or, in the alternative, to identify reasonable and competitive procurement alternatives, rather than to use noncompetitive negotiation; (G) Justification of why the goods or services should be acquired through noncompetitive negotiation; and (H) Any additional information that the fiscal review committee may direct the procuring agency to provide that will assist the committee in evaluating the contract.
(1) All requests of the procuring agency to procure goods or services through a noncompetitive contract must be contemporaneously filed with the fiscal review committee of the general assembly, comptroller of the treasury, and the chief procurement officer. For purposes of this section, "noncompetitive contract" includes any procurement arrangement, including, but not limited to, a grant or contract, but does not include a grant or contract awarded to a: (A) Public institution of higher education to procure research or public service-related goods or services; or (B) Governmental entity, including, but not limited to, a local government.
(A) Public institution of higher education to procure research or public service-related goods or services; or
(B) Governmental entity, including, but not limited to, a local government.
(2) If review is required pursuant to subsection (a), the procuring agency shall provide the request to the fiscal review committee, which must include the following: (A) Description of the goods or services to be acquired; (B) Explanation of the need for or requirement to acquire the goods or services; (C) Name and address of the proposed contractor's principal owner; (D) Evidence that the proposed contractor has experience in providing the same or similar goods or services and evidence of the length of time the contractor has provided the same or similar goods or services; (E) Explanation of whether the goods or services were purchased by the procuring agency in the past and, if applicable, the method used to purchase the goods or services and the name and address of the contractor; (F) Description of the procuring agency's efforts to use existing state employees and resources or, in the alternative, to identify reasonable and competitive procurement alternatives, rather than to use noncompetitive negotiation; (G) Justification of why the goods or services should be acquired through noncompetitive negotiation; and (H) Any additional information that the fiscal review committee may direct the procuring agency to provide that will assist the committee in evaluating the contract.
(A) Description of the goods or services to be acquired;
(B) Explanation of the need for or requirement to acquire the goods or services;
(C) Name and address of the proposed contractor's principal owner;
(D) Evidence that the proposed contractor has experience in providing the same or similar goods or services and evidence of the length of time the contractor has provided the same or similar goods or services;
(E) Explanation of whether the goods or services were purchased by the procuring agency in the past and, if applicable, the method used to purchase the goods or services and the name and address of the contractor;
(F) Description of the procuring agency's efforts to use existing state employees and resources or, in the alternative, to identify reasonable and competitive procurement alternatives, rather than to use noncompetitive negotiation;
(G) Justification of why the goods or services should be acquired through noncompetitive negotiation; and
(H) Any additional information that the fiscal review committee may direct the procuring agency to provide that will assist the committee in evaluating the contract.
(b) (1) The following contracts and contract amendments shall be subject to review by the fiscal review committee: (A) Proposed noncompetitive contracts with a term of more than one (1) year or which contain a provision to allow for extension by either party that would extend the contract beyond twelve (12) months and which have a cumulative value of not less than two hundred fifty thousand dollars ($250,000), including all possible extensions; and (B) Any amendment to a contract meeting the term and dollar threshold requirements as described in subdivision (b)(1)(A), regardless of whether the original contract was procured through competitive or noncompetitive means, where the amendment: (i) Increases or decreases the maximum liability; (ii) Extends or shortens the contract term; (iii) Changes the entity or name of the entity with which the state is contracting; or (iv) Otherwise changes an original contract or amended contract in a substantive manner. (2) If the chief procurement officer or delegated state agency is unable to determine whether a proposed contract or amendment would be subject to review by the fiscal review committee, the chief procurement officer or delegated state agency shall contact the fiscal review committee staff for a determination. (3) The contracts subject to review shall include all contracts of the executive branch that otherwise meet the requirements of subdivision (b)(1), including, but not limited to, contracts of higher education, including the board of regents, the University of Tennessee, and the Tennessee higher education commission. Highway and road improvement contracts reviewed by the department of transportation, contracts reviewed by the state building commission and debt issuance contracts reviewed by the comptroller of the treasury shall not be subject to this review. (4) The fiscal review committee, pursuant to its jurisdiction under § 3-7-103(a) , is authorized to review any other state contract or contract amendment in accordance with the procedures established in this section without regard to whether the contract or contract amendment meets the requirements of subdivision (b)(1). (5) (A) The fiscal review committee shall have forty (40) business days from receipt of the request as provided in this section to comment on the proposed contract. After this forty-day period, any such contract authorized by the chief procurement officer may be executed. All other requests to negotiate noncompetitive contracts shall be reviewed by the fiscal review committee after approval by the chief procurement officer. With respect to such requests, the fiscal review committee shall be provided the same information to be submitted in accordance with subsection (a). The chair or the chair's designee, after consultation with the comptroller of the treasury, shall have authority to waive the forty-day period for comment and authorize the chief procurement officer to execute contracts or amendments that are determined to be in the best interest of the state, and to proceed with reporting and comment by the committee at their next scheduled meeting. (B) If an exception is granted to any request, approved in accordance with subdivision (a)(1) or rules promulgated pursuant to § 4-56-103 , then any such exception shall be filed with the fiscal review committee for its perusal, comment and review. (C) The procurement office shall file a goods and services contract report quarterly with the fiscal review committee. The report shall list contracts approved in accordance with rules authorized by § 4-56-103 during the prior quarter and detail whether each contract procurement was competitive. (D) Each procuring agency granted a special delegated authority, pursuant to rules authorized by § 4-56-105 , to establish goods and services contracts shall report to the fiscal review committee a list of all contracts awarded under the delegated authority. The list of contracts awarded shall be filed quarterly and shall include the contractor name, contract period, contract amount, method used to select the contractor, and the completion date for a monitoring review, as defined by any applicable policy developed by the chief procurement officer and any other information the procuring agency wishes to include. (E) The department of transportation shall report to the fiscal review committee on approved highway and road improvement contracts that would otherwise meet the requirements of subdivision (b)(1) within thirty (30) days of approval, including all of the information specified in subsection (a) and any other information the committee deems necessary or helpful. The fiscal review committee shall have the option to conduct a separate hearing on highway and road improvement contracts approved by the department of transportation. (F) The state building commission shall report to the fiscal review committee on contracts it has approved that would otherwise meet the requirements of subdivision (b)(1) within thirty (30) days of approval, including all of the information specified in subsection (a) and any other information the committee deems necessary or helpful. The committee shall have the option to conduct a separate hearing on contracts approved by the building commission.
(1) The following contracts and contract amendments shall be subject to review by the fiscal review committee: (A) Proposed noncompetitive contracts with a term of more than one (1) year or which contain a provision to allow for extension by either party that would extend the contract beyond twelve (12) months and which have a cumulative value of not less than two hundred fifty thousand dollars ($250,000), including all possible extensions; and (B) Any amendment to a contract meeting the term and dollar threshold requirements as described in subdivision (b)(1)(A), regardless of whether the original contract was procured through competitive or noncompetitive means, where the amendment: (i) Increases or decreases the maximum liability; (ii) Extends or shortens the contract term; (iii) Changes the entity or name of the entity with which the state is contracting; or (iv) Otherwise changes an original contract or amended contract in a substantive manner.
(A) Proposed noncompetitive contracts with a term of more than one (1) year or which contain a provision to allow for extension by either party that would extend the contract beyond twelve (12) months and which have a cumulative value of not less than two hundred fifty thousand dollars ($250,000), including all possible extensions; and
(B) Any amendment to a contract meeting the term and dollar threshold requirements as described in subdivision (b)(1)(A), regardless of whether the original contract was procured through competitive or noncompetitive means, where the amendment: (i) Increases or decreases the maximum liability; (ii) Extends or shortens the contract term; (iii) Changes the entity or name of the entity with which the state is contracting; or (iv) Otherwise changes an original contract or amended contract in a substantive manner.
(i) Increases or decreases the maximum liability;
(ii) Extends or shortens the contract term;
(iii) Changes the entity or name of the entity with which the state is contracting; or
(iv) Otherwise changes an original contract or amended contract in a substantive manner.
(2) If the chief procurement officer or delegated state agency is unable to determine whether a proposed contract or amendment would be subject to review by the fiscal review committee, the chief procurement officer or delegated state agency shall contact the fiscal review committee staff for a determination.
(3) The contracts subject to review shall include all contracts of the executive branch that otherwise meet the requirements of subdivision (b)(1), including, but not limited to, contracts of higher education, including the board of regents, the University of Tennessee, and the Tennessee higher education commission. Highway and road improvement contracts reviewed by the department of transportation, contracts reviewed by the state building commission and debt issuance contracts reviewed by the comptroller of the treasury shall not be subject to this review.
(4) The fiscal review committee, pursuant to its jurisdiction under § 3-7-103(a) , is authorized to review any other state contract or contract amendment in accordance with the procedures established in this section without regard to whether the contract or contract amendment meets the requirements of subdivision (b)(1).
(5) (A) The fiscal review committee shall have forty (40) business days from receipt of the request as provided in this section to comment on the proposed contract. After this forty-day period, any such contract authorized by the chief procurement officer may be executed. All other requests to negotiate noncompetitive contracts shall be reviewed by the fiscal review committee after approval by the chief procurement officer. With respect to such requests, the fiscal review committee shall be provided the same information to be submitted in accordance with subsection (a). The chair or the chair's designee, after consultation with the comptroller of the treasury, shall have authority to waive the forty-day period for comment and authorize the chief procurement officer to execute contracts or amendments that are determined to be in the best interest of the state, and to proceed with reporting and comment by the committee at their next scheduled meeting. (B) If an exception is granted to any request, approved in accordance with subdivision (a)(1) or rules promulgated pursuant to § 4-56-103 , then any such exception shall be filed with the fiscal review committee for its perusal, comment and review. (C) The procurement office shall file a goods and services contract report quarterly with the fiscal review committee. The report shall list contracts approved in accordance with rules authorized by § 4-56-103 during the prior quarter and detail whether each contract procurement was competitive. (D) Each procuring agency granted a special delegated authority, pursuant to rules authorized by § 4-56-105 , to establish goods and services contracts shall report to the fiscal review committee a list of all contracts awarded under the delegated authority. The list of contracts awarded shall be filed quarterly and shall include the contractor name, contract period, contract amount, method used to select the contractor, and the completion date for a monitoring review, as defined by any applicable policy developed by the chief procurement officer and any other information the procuring agency wishes to include. (E) The department of transportation shall report to the fiscal review committee on approved highway and road improvement contracts that would otherwise meet the requirements of subdivision (b)(1) within thirty (30) days of approval, including all of the information specified in subsection (a) and any other information the committee deems necessary or helpful. The fiscal review committee shall have the option to conduct a separate hearing on highway and road improvement contracts approved by the department of transportation. (F) The state building commission shall report to the fiscal review committee on contracts it has approved that would otherwise meet the requirements of subdivision (b)(1) within thirty (30) days of approval, including all of the information specified in subsection (a) and any other information the committee deems necessary or helpful. The committee shall have the option to conduct a separate hearing on contracts approved by the building commission.
(A) The fiscal review committee shall have forty (40) business days from receipt of the request as provided in this section to comment on the proposed contract. After this forty-day period, any such contract authorized by the chief procurement officer may be executed. All other requests to negotiate noncompetitive contracts shall be reviewed by the fiscal review committee after approval by the chief procurement officer. With respect to such requests, the fiscal review committee shall be provided the same information to be submitted in accordance with subsection (a). The chair or the chair's designee, after consultation with the comptroller of the treasury, shall have authority to waive the forty-day period for comment and authorize the chief procurement officer to execute contracts or amendments that are determined to be in the best interest of the state, and to proceed with reporting and comment by the committee at their next scheduled meeting.
(B) If an exception is granted to any request, approved in accordance with subdivision (a)(1) or rules promulgated pursuant to § 4-56-103 , then any such exception shall be filed with the fiscal review committee for its perusal, comment and review.
(C) The procurement office shall file a goods and services contract report quarterly with the fiscal review committee. The report shall list contracts approved in accordance with rules authorized by § 4-56-103 during the prior quarter and detail whether each contract procurement was competitive.
(D) Each procuring agency granted a special delegated authority, pursuant to rules authorized by § 4-56-105 , to establish goods and services contracts shall report to the fiscal review committee a list of all contracts awarded under the delegated authority. The list of contracts awarded shall be filed quarterly and shall include the contractor name, contract period, contract amount, method used to select the contractor, and the completion date for a monitoring review, as defined by any applicable policy developed by the chief procurement officer and any other information the procuring agency wishes to include.
(E) The department of transportation shall report to the fiscal review committee on approved highway and road improvement contracts that would otherwise meet the requirements of subdivision (b)(1) within thirty (30) days of approval, including all of the information specified in subsection (a) and any other information the committee deems necessary or helpful. The fiscal review committee shall have the option to conduct a separate hearing on highway and road improvement contracts approved by the department of transportation.
(F) The state building commission shall report to the fiscal review committee on contracts it has approved that would otherwise meet the requirements of subdivision (b)(1) within thirty (30) days of approval, including all of the information specified in subsection (a) and any other information the committee deems necessary or helpful. The committee shall have the option to conduct a separate hearing on contracts approved by the building commission.
(c) (1) No later than the first business day of each calendar month, the chief procurement officer shall report to the director of the fiscal review committee the following information for the prior calendar month: (A) An itemized listing of all contracts, grants, or any other noncompetitive procurement means that were awarded the previous month; and (B) Any policy, procedure, or rule change to the state procurement processes planned for the following month. (2) The reports required pursuant to subdivision (c)(1) must include the name of the department or agency for which the procurement is being made, the name and contact information for the vendor, identification of the goods or services being procured, the term on the procurement method, as well as any expenditures and revenue associated with the procurement.
(1) No later than the first business day of each calendar month, the chief procurement officer shall report to the director of the fiscal review committee the following information for the prior calendar month: (A) An itemized listing of all contracts, grants, or any other noncompetitive procurement means that were awarded the previous month; and (B) Any policy, procedure, or rule change to the state procurement processes planned for the following month.
(A) An itemized listing of all contracts, grants, or any other noncompetitive procurement means that were awarded the previous month; and
(B) Any policy, procedure, or rule change to the state procurement processes planned for the following month.
(2) The reports required pursuant to subdivision (c)(1) must include the name of the department or agency for which the procurement is being made, the name and contact information for the vendor, identification of the goods or services being procured, the term on the procurement method, as well as any expenditures and revenue associated with the procurement.
Amended by 2021 Tenn. Acts, ch. 562, Secs.s2, s3 eff. 5/26/2021.
Amended by 2013 Tenn. Acts, ch. 403, s 6, eff. 7/1/2013.
Acts 2010 , ch. 1098, § 1; 2010 , ch. 1135, § 12; 2011 , ch. 295, § 5.
Tenn. Code Ann. § 4-3-2102 — TN Code / Title 4 / Chapter 3 / Section 4-3-2102
Department and secretary subject to general laws
Status: in_force

The secretary of state, as the chief officer of the department, and the department are subject to all laws applying generally to administrative heads of departments and administrative departments, not inconsistent with the secretary of state's status as a constitutional officer. Acts 1959, ch. 9, § 7; T.C.A., § 4-338.
The secretary of state, as the chief officer of the department, and the department are subject to all laws applying generally to administrative heads of departments and administrative departments, not inconsistent with the secretary of state's status as a constitutional officer.
Acts 1959, ch. 9, § 7; T.C.A., § 4-338.
Tenn. Code Ann. § 4-6-101 — TN Code / Title 4 / Chapter 6 / Section 4-6-101
Charitable institutions free from charters
Status: in_force

All charitable institutions owned and operated by the state are declared to be a part of the state government, and shall be operated and maintained as such, free from the control of any charter of incorporation, or any portion of any act of the general assembly for incorporation. Acts 1923, ch. 105, § 1; Shan. Supp., § 2677a1; Code 1932, § 4566; T.C.A. (orig. ed.), § 4-601.
All charitable institutions owned and operated by the state are declared to be a part of the state government, and shall be operated and maintained as such, free from the control of any charter of incorporation, or any portion of any act of the general assembly for incorporation.
Acts 1923, ch. 105, § 1; Shan. Supp., § 2677a1; Code 1932, § 4566; T.C.A. (orig. ed.), § 4-601.
Tenn. Code Ann. § 4-3-2001 — TN Code / Title 4 / Chapter 3 / Section 4-3-2001
Creation
Status: in_force

There is created and established the department of safety. Acts 1937, ch. 33, § 15; C. Supp. 1950, §§ 255.1, 255.15; T.C.A. (orig. ed.), § 4-319; modified.
There is created and established the department of safety.
Acts 1937, ch. 33, § 15; C. Supp. 1950, §§ 255.1, 255.15; T.C.A. (orig. ed.), § 4-319; modified.
Tenn. Code Ann. § 4-3-1419 — TN Code / Title 4 / Chapter 3 / Section 4-3-1419
License, certification or registration - Notifications - Prerequisites - Website - Notifications by electronic mail
Status: in_force

(a) The department and any division, board, commission, committee, or other governmental entity under the jurisdiction of, or administratively attached to, the department shall notify each applicant for a professional or occupational license, certification or registration from the department, division, board, commission, agency or other governmental entity where to obtain a copy of any statutes, rules, policies, and guidelines setting forth the prerequisites for the license, certification or registration and shall, upon request, make available to the applicant a copy of the statutes, rules, policies, and guidelines. (b) The department and any division, board, commission, committee, or other governmental entity under the jurisdiction of, or administratively attached to, the department shall notify each holder of a professional or occupational license, certification or registration from the department, division, board, commission, committee, agency or other governmental entity of changes in state law that impact the holder and are implemented or enforced by the entity, including newly promulgated or amended statutes, rules, policies, and guidelines, upon the issuance and upon each renewal of a holder's license, certification or registration. (c) The department and any division, board, commission, committee, or other governmental entity under the jurisdiction of, or administratively attached to, the department shall establish and maintain a link or links on the entity's website to the statutes, rules, policies, and guidelines that are implemented or enforced by the entity and that impact an applicant for, or a holder of, a professional or occupational license, certification, or registration from the entity. (d) (1) The department and any division, board, commission, committee, agency, or other governmental entity under the jurisdiction of, or administratively attached to, the department shall allow each holder of a professional or occupational license, certification or registration from the department, division, board, commission, committee, agency or other governmental entity to have the option of being notified by electronic mail of: (A) Renewals of the holder's license, certification or registration; (B) Any fee increases; (C) Any changes in state law that impact the holder and are implemented or enforced by the entity, including newly promulgated or amended statutes, rules, policies and guidelines; and (D) Any meeting where changes in rules or fees are on the agenda. For purposes of this subdivision (d)(1)(D), the electronic notice shall be at least forty-five (45) days in advance of the meeting, unless it is an emergency meeting then the notice shall be sent as soon as is practicable. (2) The department and any division, board, commission, committee, agency or other governmental entity under the jurisdiction of, or administratively attached to, the department shall notify each holder of a license, certification or registration of the availability of receiving electronic notices pursuant to subdivision (d)(1) upon issuance or renewal of the holder's license, certification or registration. Acts 2008 , ch. 1070, § 9; 2012 , ch. 952, § 6.
(a) The department and any division, board, commission, committee, or other governmental entity under the jurisdiction of, or administratively attached to, the department shall notify each applicant for a professional or occupational license, certification or registration from the department, division, board, commission, agency or other governmental entity where to obtain a copy of any statutes, rules, policies, and guidelines setting forth the prerequisites for the license, certification or registration and shall, upon request, make available to the applicant a copy of the statutes, rules, policies, and guidelines.
(b) The department and any division, board, commission, committee, or other governmental entity under the jurisdiction of, or administratively attached to, the department shall notify each holder of a professional or occupational license, certification or registration from the department, division, board, commission, committee, agency or other governmental entity of changes in state law that impact the holder and are implemented or enforced by the entity, including newly promulgated or amended statutes, rules, policies, and guidelines, upon the issuance and upon each renewal of a holder's license, certification or registration.
(c) The department and any division, board, commission, committee, or other governmental entity under the jurisdiction of, or administratively attached to, the department shall establish and maintain a link or links on the entity's website to the statutes, rules, policies, and guidelines that are implemented or enforced by the entity and that impact an applicant for, or a holder of, a professional or occupational license, certification, or registration from the entity.
(d) (1) The department and any division, board, commission, committee, agency, or other governmental entity under the jurisdiction of, or administratively attached to, the department shall allow each holder of a professional or occupational license, certification or registration from the department, division, board, commission, committee, agency or other governmental entity to have the option of being notified by electronic mail of: (A) Renewals of the holder's license, certification or registration; (B) Any fee increases; (C) Any changes in state law that impact the holder and are implemented or enforced by the entity, including newly promulgated or amended statutes, rules, policies and guidelines; and (D) Any meeting where changes in rules or fees are on the agenda. For purposes of this subdivision (d)(1)(D), the electronic notice shall be at least forty-five (45) days in advance of the meeting, unless it is an emergency meeting then the notice shall be sent as soon as is practicable. (2) The department and any division, board, commission, committee, agency or other governmental entity under the jurisdiction of, or administratively attached to, the department shall notify each holder of a license, certification or registration of the availability of receiving electronic notices pursuant to subdivision (d)(1) upon issuance or renewal of the holder's license, certification or registration.
(1) The department and any division, board, commission, committee, agency, or other governmental entity under the jurisdiction of, or administratively attached to, the department shall allow each holder of a professional or occupational license, certification or registration from the department, division, board, commission, committee, agency or other governmental entity to have the option of being notified by electronic mail of: (A) Renewals of the holder's license, certification or registration; (B) Any fee increases; (C) Any changes in state law that impact the holder and are implemented or enforced by the entity, including newly promulgated or amended statutes, rules, policies and guidelines; and (D) Any meeting where changes in rules or fees are on the agenda. For purposes of this subdivision (d)(1)(D), the electronic notice shall be at least forty-five (45) days in advance of the meeting, unless it is an emergency meeting then the notice shall be sent as soon as is practicable.
(A) Renewals of the holder's license, certification or registration;
(B) Any fee increases;
(C) Any changes in state law that impact the holder and are implemented or enforced by the entity, including newly promulgated or amended statutes, rules, policies and guidelines; and
(D) Any meeting where changes in rules or fees are on the agenda. For purposes of this subdivision (d)(1)(D), the electronic notice shall be at least forty-five (45) days in advance of the meeting, unless it is an emergency meeting then the notice shall be sent as soon as is practicable.
(2) The department and any division, board, commission, committee, agency or other governmental entity under the jurisdiction of, or administratively attached to, the department shall notify each holder of a license, certification or registration of the availability of receiving electronic notices pursuant to subdivision (d)(1) upon issuance or renewal of the holder's license, certification or registration.
Acts 2008 , ch. 1070, § 9; 2012 , ch. 952, § 6.
Tenn. Code Ann. § 4-7-401 — TN Code / Title 4 / Chapter 7 / Section 4-7-401
Creation
Status: in_force

There is created the criminal investigation division within the Tennessee highway patrol, referred to as "CID" in this part. Acts 2006, ch. 879, § 1.
There is created the criminal investigation division within the Tennessee highway patrol, referred to as "CID" in this part.
Acts 2006, ch. 879, § 1.
Tenn. Code Ann. § 4-49-113 — TN Code / Title 4 / Chapter 49 / Section 4-49-113
Wagers as contracts
Status: in_force

Notwithstanding § 29-19-101 , each wager placed in accordance with this part is deemed to be an enforceable contract. Renumbered from T.C.A. s 4-51-313 by 2021 Tenn. Acts, ch. 593, s 30, eff. 1/1/2022. Amended by 2021 Tenn. Acts, ch. 593, s 27, eff. 1/1/2022. Added by 2019 Tenn. Acts, ch. 507, s 1, eff. 7/1/2019.
Notwithstanding § 29-19-101 , each wager placed in accordance with this part is deemed to be an enforceable contract.
Renumbered from T.C.A. s 4-51-313 by 2021 Tenn. Acts, ch. 593, s 30, eff. 1/1/2022.
Amended by 2021 Tenn. Acts, ch. 593, s 27, eff. 1/1/2022.
Added by 2019 Tenn. Acts, ch. 507, s 1, eff. 7/1/2019.
Tenn. Code Ann. § 4-49-131 — TN Code / Title 4 / Chapter 49 / Section 4-49-131
Reserved
Status: repealed

Added by 2023 Tenn. Acts, ch. 143, s 10, eff. 7/1/2023.
Tenn. Code Ann. § 4-30-103 — TN Code / Title 4 / Chapter 30 / Section 4-30-103
Use of current electronic technology - Filing of plan before implementing new electronic technology - Contents of plan
Status: in_force

(a) Local governments are encouraged to use current electronic technology to perform the business functions of their offices. (b) Prior to any local government implementing new electronic technology associated with the disbursement of public funds, purchasing or the sale of local government assets or the collection of various taxes, fines, fees or payments, the local government shall file a plan with the comptroller of the treasury for comments. The plan shall be filed at least thirty (30) days prior to implementation. (c) The plan shall contain the following information: (1) A description of the business process and the technology to be utilized; (2) A description of the policies and procedures related to the implementation of the electronic technology; (3) Documentation of internal controls that will ensure the integrity of the business process; and (4) The estimated implementation cost and a statement as to whether the implementation of the new electronic technology will be implemented within the existing operating resources of the office or indicate prior approval of the governing body if additional operating resources are needed. Acts 2009, ch. 96, § 1.
(a) Local governments are encouraged to use current electronic technology to perform the business functions of their offices.
(b) Prior to any local government implementing new electronic technology associated with the disbursement of public funds, purchasing or the sale of local government assets or the collection of various taxes, fines, fees or payments, the local government shall file a plan with the comptroller of the treasury for comments. The plan shall be filed at least thirty (30) days prior to implementation.
(c) The plan shall contain the following information: (1) A description of the business process and the technology to be utilized; (2) A description of the policies and procedures related to the implementation of the electronic technology; (3) Documentation of internal controls that will ensure the integrity of the business process; and (4) The estimated implementation cost and a statement as to whether the implementation of the new electronic technology will be implemented within the existing operating resources of the office or indicate prior approval of the governing body if additional operating resources are needed.
(1) A description of the business process and the technology to be utilized;
(2) A description of the policies and procedures related to the implementation of the electronic technology;
(3) Documentation of internal controls that will ensure the integrity of the business process; and
(4) The estimated implementation cost and a statement as to whether the implementation of the new electronic technology will be implemented within the existing operating resources of the office or indicate prior approval of the governing body if additional operating resources are needed.
Acts 2009, ch. 96, § 1.
Tenn. Code Ann. § 4-15-106 — TN Code / Title 4 / Chapter 15 / Section 4-15-106
Enforcement of other statutes
Status: in_force

(a) It is the duty and responsibility of the commission to enforce the Tennessee Public Buildings Accessibility Act, compiled in title 68, chapter 120, part 2, as to all public buildings owned or leased by the state or any department, institution or agency thereof, and any subsequent acts that require specific construction or design specifications, techniques or objectives for such state public buildings. (b) (1) It is also the duty and responsibility of the commission to enforce the code for energy conservation in new building construction, compiled in title 13, chapter 19, as to all buildings designed or constructed for the state of Tennessee after January 1, 1979. Such enforcement shall be accomplished by requiring the designing architect or engineer and the construction contractor to certify that the design and construction of the building for which each is responsible is in conformity with the requirements of title 13, chapter 19. The staff of the commission shall review such design or construction to verify compliance. Responsibility for proper design of the structure shall remain with the designing architect or engineer, even though the staff of the commission has conducted the review and approval process of the project documents. (2) In addition to the requirements for new buildings to meet the code for energy conservation, as compiled in title 13, chapter 19, the staff of the commission shall review any recommended energy conservation proposals and make recommendations to the commission for inclusion of these proposals in projects where deemed feasible. (c) The state architect or the state architect's designee shall allocate the energy efficient commercial building tax deduction codified in 26 U.S.C. § 179D to the party primarily responsible for designing the property in accordance with internal revenue service tax provisions. This party shall distribute all or part of this deduction to other parties responsible for design or installation of energy efficient commercial systems used to obtain such tax credit. This authority is retroactive, pursuant to applicable internal revenue service tax guidelines. If the property is financed with bonds issued by the state, no energy efficient commercial building tax deduction shall be awarded without approval of bond counsel. Acts 1978, ch. 905, § 1; 1979, ch. 403, § 2; T.C.A., § 4-1506; Acts 1991, ch. 498, § 7; 2012, ch. 1083, § 1.
(a) It is the duty and responsibility of the commission to enforce the Tennessee Public Buildings Accessibility Act, compiled in title 68, chapter 120, part 2, as to all public buildings owned or leased by the state or any department, institution or agency thereof, and any subsequent acts that require specific construction or design specifications, techniques or objectives for such state public buildings.
(b) (1) It is also the duty and responsibility of the commission to enforce the code for energy conservation in new building construction, compiled in title 13, chapter 19, as to all buildings designed or constructed for the state of Tennessee after January 1, 1979. Such enforcement shall be accomplished by requiring the designing architect or engineer and the construction contractor to certify that the design and construction of the building for which each is responsible is in conformity with the requirements of title 13, chapter 19. The staff of the commission shall review such design or construction to verify compliance. Responsibility for proper design of the structure shall remain with the designing architect or engineer, even though the staff of the commission has conducted the review and approval process of the project documents. (2) In addition to the requirements for new buildings to meet the code for energy conservation, as compiled in title 13, chapter 19, the staff of the commission shall review any recommended energy conservation proposals and make recommendations to the commission for inclusion of these proposals in projects where deemed feasible.
(1) It is also the duty and responsibility of the commission to enforce the code for energy conservation in new building construction, compiled in title 13, chapter 19, as to all buildings designed or constructed for the state of Tennessee after January 1, 1979. Such enforcement shall be accomplished by requiring the designing architect or engineer and the construction contractor to certify that the design and construction of the building for which each is responsible is in conformity with the requirements of title 13, chapter 19. The staff of the commission shall review such design or construction to verify compliance. Responsibility for proper design of the structure shall remain with the designing architect or engineer, even though the staff of the commission has conducted the review and approval process of the project documents.
(2) In addition to the requirements for new buildings to meet the code for energy conservation, as compiled in title 13, chapter 19, the staff of the commission shall review any recommended energy conservation proposals and make recommendations to the commission for inclusion of these proposals in projects where deemed feasible.
(c) The state architect or the state architect's designee shall allocate the energy efficient commercial building tax deduction codified in 26 U.S.C. § 179D to the party primarily responsible for designing the property in accordance with internal revenue service tax provisions. This party shall distribute all or part of this deduction to other parties responsible for design or installation of energy efficient commercial systems used to obtain such tax credit. This authority is retroactive, pursuant to applicable internal revenue service tax guidelines. If the property is financed with bonds issued by the state, no energy efficient commercial building tax deduction shall be awarded without approval of bond counsel.
Acts 1978, ch. 905, § 1; 1979, ch. 403, § 2; T.C.A., § 4-1506; Acts 1991, ch. 498, § 7; 2012, ch. 1083, § 1.
Tenn. Code Ann. § 4-24-302 — TN Code / Title 4 / Chapter 24 / Section 4-24-302
Gender-friendly conditions in existing facilities
Status: in_force

(a) Each municipal or county fire department, and each volunteer fire department or company, are urged to develop plans that, to the greatest extent possible, will create gender-friendly conditions in existing facilities. (b) The purpose of the plans is to identify which stations could be upgraded to accomplish a gender-friendly facility and identify which stations cannot be made gender-friendly due to space constraints, historical significance of the station, or other documented reasons why this could not be accomplished. (c) The plans, once developed, shall be made available upon request by the commission on firefighting personnel standards and education and from interested persons in the community. Acts 2007, ch. 527, § 3.
(a) Each municipal or county fire department, and each volunteer fire department or company, are urged to develop plans that, to the greatest extent possible, will create gender-friendly conditions in existing facilities.
(b) The purpose of the plans is to identify which stations could be upgraded to accomplish a gender-friendly facility and identify which stations cannot be made gender-friendly due to space constraints, historical significance of the station, or other documented reasons why this could not be accomplished.
(c) The plans, once developed, shall be made available upon request by the commission on firefighting personnel standards and education and from interested persons in the community.
Acts 2007, ch. 527, § 3.
Tenn. Code Ann. § 4-31-706 — TN Code / Title 4 / Chapter 31 / Section 4-31-706
Issuance of bonds or notes - Limitations - Deficiency
Status: in_force

(a) (1) Bonds or notes issued pursuant to this part shall not be issued and sold as part of an issue of bonds or notes of the authority issued pursuant to any other provision of this chapter or law. (2) The authority shall not issue bonds and notes under this part in an aggregate principal amount at any one (1) time outstanding exceeding fifty million dollars ($50,000,000), excluding bonds or notes for the payment of redemption of which there has been or will be set aside and held in trust either moneys or direct and general obligations of, or obligations guaranteed by, the United States, or obligations secured by such obligations, or any combination thereof, that are or will be sufficient to pay when due the principal or applicable redemption price and all accrued interest thereon and, if such bonds or notes are to be redeemed, for which notice of redemption has been given or satisfactory provision has been made for the giving of such notice. (b) Each issue of its notes or bonds issued pursuant to this part shall be limited special obligations of the authority payable solely from, and secured by amounts derived by, the authority from loans made pursuant to this part. (c) (1) At the end of each calendar year, the authority shall certify to the governor and the commissioner the amount of deficiency, if any, in the debt service reserve account for bonds and notes issued pursuant to this part to mental health or developmental disabilities facilities. (2) The commissioner shall transfer to the authority the amount of the deficiency from state funds appropriated to the department by the general assembly. (d) (1) At the end of each calendar year the authority shall certify to the governor and the commissioner the amount of the deficiency, if any, in the debt service reserve account for bonds and notes issued pursuant to this part to alcohol and drug treatment facilities. (2) The commissioner shall transfer to the authority the amount of the deficiency from state funds appropriated to the department by the general assembly. (e) The authorization to issue additional bonds pursuant to this section is terminated. The authority and the department are authorized and directed to enter into a memorandum of understanding with the state funding board providing for the monitoring and servicing of all outstanding loan agreements entered into under this part. Upon the issuance of debt by the state funding board, refunding and defeasing all outstanding authority debt previously issued pursuant to this part, the authority may transfer all payments received from grantees, as directed by the state funding board. Acts 1990, ch. 975, § 1; 1993, ch. 234, § 30; 1998, ch. 846, §1; 2009 , ch. 186, § 2; 2010 , ch. 1100, § 17.
(a) (1) Bonds or notes issued pursuant to this part shall not be issued and sold as part of an issue of bonds or notes of the authority issued pursuant to any other provision of this chapter or law. (2) The authority shall not issue bonds and notes under this part in an aggregate principal amount at any one (1) time outstanding exceeding fifty million dollars ($50,000,000), excluding bonds or notes for the payment of redemption of which there has been or will be set aside and held in trust either moneys or direct and general obligations of, or obligations guaranteed by, the United States, or obligations secured by such obligations, or any combination thereof, that are or will be sufficient to pay when due the principal or applicable redemption price and all accrued interest thereon and, if such bonds or notes are to be redeemed, for which notice of redemption has been given or satisfactory provision has been made for the giving of such notice.
(1) Bonds or notes issued pursuant to this part shall not be issued and sold as part of an issue of bonds or notes of the authority issued pursuant to any other provision of this chapter or law.
(2) The authority shall not issue bonds and notes under this part in an aggregate principal amount at any one (1) time outstanding exceeding fifty million dollars ($50,000,000), excluding bonds or notes for the payment of redemption of which there has been or will be set aside and held in trust either moneys or direct and general obligations of, or obligations guaranteed by, the United States, or obligations secured by such obligations, or any combination thereof, that are or will be sufficient to pay when due the principal or applicable redemption price and all accrued interest thereon and, if such bonds or notes are to be redeemed, for which notice of redemption has been given or satisfactory provision has been made for the giving of such notice.
(b) Each issue of its notes or bonds issued pursuant to this part shall be limited special obligations of the authority payable solely from, and secured by amounts derived by, the authority from loans made pursuant to this part.
(c) (1) At the end of each calendar year, the authority shall certify to the governor and the commissioner the amount of deficiency, if any, in the debt service reserve account for bonds and notes issued pursuant to this part to mental health or developmental disabilities facilities. (2) The commissioner shall transfer to the authority the amount of the deficiency from state funds appropriated to the department by the general assembly.
(1) At the end of each calendar year, the authority shall certify to the governor and the commissioner the amount of deficiency, if any, in the debt service reserve account for bonds and notes issued pursuant to this part to mental health or developmental disabilities facilities.
(2) The commissioner shall transfer to the authority the amount of the deficiency from state funds appropriated to the department by the general assembly.
(d) (1) At the end of each calendar year the authority shall certify to the governor and the commissioner the amount of the deficiency, if any, in the debt service reserve account for bonds and notes issued pursuant to this part to alcohol and drug treatment facilities. (2) The commissioner shall transfer to the authority the amount of the deficiency from state funds appropriated to the department by the general assembly.
(1) At the end of each calendar year the authority shall certify to the governor and the commissioner the amount of the deficiency, if any, in the debt service reserve account for bonds and notes issued pursuant to this part to alcohol and drug treatment facilities.
(2) The commissioner shall transfer to the authority the amount of the deficiency from state funds appropriated to the department by the general assembly.
(e) The authorization to issue additional bonds pursuant to this section is terminated. The authority and the department are authorized and directed to enter into a memorandum of understanding with the state funding board providing for the monitoring and servicing of all outstanding loan agreements entered into under this part. Upon the issuance of debt by the state funding board, refunding and defeasing all outstanding authority debt previously issued pursuant to this part, the authority may transfer all payments received from grantees, as directed by the state funding board.
Acts 1990, ch. 975, § 1; 1993, ch. 234, § 30; 1998, ch. 846, §1; 2009 , ch. 186, § 2; 2010 , ch. 1100, § 17.
Tenn. Code Ann. § 4-49-107 — TN Code / Title 4 / Chapter 49 / Section 4-49-107
Removal of member
Status: in_force

A member of the council may be removed from the council by the appointing authority if, in the opinion of the appointing authority, the member has committed misfeasance or malfeasance in office or neglect of duty. Renumbered from T.C.A. s 4-51-307 by 2021 Tenn. Acts, ch. 593, s 30, eff. 1/1/2022. Added by 2019 Tenn. Acts, ch. 507, s 1, eff. 7/1/2019.
A member of the council may be removed from the council by the appointing authority if, in the opinion of the appointing authority, the member has committed misfeasance or malfeasance in office or neglect of duty.
Renumbered from T.C.A. s 4-51-307 by 2021 Tenn. Acts, ch. 593, s 30, eff. 1/1/2022.
Added by 2019 Tenn. Acts, ch. 507, s 1, eff. 7/1/2019.
Tenn. Code Ann. § 4-5-312 — TN Code / Title 4 / Chapter 5 / Section 4-5-312
Procedure at hearing
Status: in_force

(a) The administrative judge or hearing officer shall regulate the course of the proceedings, in conformity with the prehearing order if any. (b) To the extent necessary for full disclosure of all relevant facts and issues, the administrative judge or hearing officer shall afford to all parties the opportunity to respond, present evidence and argument, conduct cross-examination, and submit rebuttal evidence, except as restricted by a limited grant of intervention or by the prehearing order. (c) The administrative judge or hearing officer and agency members may, by agreement of the parties, conduct all or part of the hearing telephonically, electronically, or by audio-visual means if each participant in the hearing has an opportunity to participate in, hear, and, if technically feasible, see the entire proceedings while the proceedings are taking place. Notwithstanding this authority, the administrative judge or hearing officer may permit the testimony of a witness by contemporaneous audio-visual transmission from a different location when the absence of the witness would otherwise cause a delay to the hearing. (d) The hearing must be open to public observation pursuant to title 8, chapter 44, unless otherwise provided by state or federal law. To the extent that a hearing is conducted telephonically, electronically, or by audio-visual means, the availability of public observation may be satisfied by giving members of the public an opportunity, at reasonable times, to hear or view a recording, as applicable, and to inspect a transcript obtained by the agency, except as otherwise provided by § 50-7-701 . Amended by 2022 Tenn. Acts, ch. 833, s 5, eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 833, s 4, eff. 7/1/2022. Acts 1982, ch. 874, § 51.
(a) The administrative judge or hearing officer shall regulate the course of the proceedings, in conformity with the prehearing order if any.
(b) To the extent necessary for full disclosure of all relevant facts and issues, the administrative judge or hearing officer shall afford to all parties the opportunity to respond, present evidence and argument, conduct cross-examination, and submit rebuttal evidence, except as restricted by a limited grant of intervention or by the prehearing order.
(c) The administrative judge or hearing officer and agency members may, by agreement of the parties, conduct all or part of the hearing telephonically, electronically, or by audio-visual means if each participant in the hearing has an opportunity to participate in, hear, and, if technically feasible, see the entire proceedings while the proceedings are taking place. Notwithstanding this authority, the administrative judge or hearing officer may permit the testimony of a witness by contemporaneous audio-visual transmission from a different location when the absence of the witness would otherwise cause a delay to the hearing.
(d) The hearing must be open to public observation pursuant to title 8, chapter 44, unless otherwise provided by state or federal law. To the extent that a hearing is conducted telephonically, electronically, or by audio-visual means, the availability of public observation may be satisfied by giving members of the public an opportunity, at reasonable times, to hear or view a recording, as applicable, and to inspect a transcript obtained by the agency, except as otherwise provided by § 50-7-701 .
Amended by 2022 Tenn. Acts, ch. 833, s 5, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 833, s 4, eff. 7/1/2022.
Acts 1982, ch. 874, § 51.
Tenn. Code Ann. § 4-4-117 — TN Code / Title 4 / Chapter 4 / Section 4-4-117
Federal-state programs - Transfer of functions between departments
Status: in_force

(a) Notwithstanding the rights, powers and duties that have heretofore been vested in or exercised by any officer, board, commission, department, or other agency of state government to the contrary, the governor has the authority and is hereby empowered to transfer any functions exercised with respect to any joint federal-state programs between the departments, agencies, commissions or boards, whenever such transfers will facilitate the operation of governmental programs or where such transfers are desirable to meet the changes in federal statutes. (b) The governor has the authority and is hereby authorized to assign or reassign responsibility for any joint federal-state programs hereafter established to any state department, agency, commission or board created under the statutes of the state not inconsistent with the executive order or congressional enactment for the administration of such programs. Acts 1961, ch. 241, § 2; T.C.A., § 4-417.
(a) Notwithstanding the rights, powers and duties that have heretofore been vested in or exercised by any officer, board, commission, department, or other agency of state government to the contrary, the governor has the authority and is hereby empowered to transfer any functions exercised with respect to any joint federal-state programs between the departments, agencies, commissions or boards, whenever such transfers will facilitate the operation of governmental programs or where such transfers are desirable to meet the changes in federal statutes.
(b) The governor has the authority and is hereby authorized to assign or reassign responsibility for any joint federal-state programs hereafter established to any state department, agency, commission or board created under the statutes of the state not inconsistent with the executive order or congressional enactment for the administration of such programs.
Acts 1961, ch. 241, § 2; T.C.A., § 4-417.
Tenn. Code Ann. § 4-6-123 — TN Code / Title 4 / Chapter 6 / Section 4-6-123
Estimates - Review by commissioner of finance and administration - Warrants
Status: in_force

The commissioner of finance and administration shall ascertain that the estimates so received do not exceed the respective appropriations and shall draw warrants on the state treasurer monthly for the salary and contingent funds for each institution, which shall be placed in the hands of the managing officer thereof. Acts 1919, ch. 39, § 21; Shan. Supp., § 312b32; Code 1932, § 401; impl. am. Acts 1937, ch. 33, § 24; C. Supp. 1950, § 401; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 4-634.
The commissioner of finance and administration shall ascertain that the estimates so received do not exceed the respective appropriations and shall draw warrants on the state treasurer monthly for the salary and contingent funds for each institution, which shall be placed in the hands of the managing officer thereof.
Acts 1919, ch. 39, § 21; Shan. Supp., § 312b32; Code 1932, § 401; impl. am. Acts 1937, ch. 33, § 24; C. Supp. 1950, § 401; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 4-634.
Tenn. Code Ann. § 4-21-312 — TN Code / Title 4 / Chapter 21 / Section 4-21-312
Election of civil action
Status: in_force

(a) This section applies only in cases involving discriminatory housing practices. (b) If the commission has determined that there is reasonable cause to believe that the respondent has engaged in a discriminatory housing practice and if the complaint has not been resolved through a conciliation agreement, the commission shall notify the complainant and the respondent in writing that they may elect to have the claims and issues of the complaint decided in a civil action commenced and maintained by the commission. Either the complainant or the respondent may make such an election by notifying the commission of the complainant's or respondent's desire to do so. A party shall make an election for a civil action no later than twenty (20) days after receiving notice of permission to do so. (c) If an election is made under this section, no later than sixty (60) days after the election is made, the commission shall commence a civil action in the chancery court or circuit court in a county in which the subject of the complaint occurs, or in a county in which a respondent resides or has the respondent's principal place of business. (d) In a civil action brought under this section, the court may grant relief as it deems appropriate, including any permanent or temporary injunction, temporary restraining order, or other equitable relief, and may award to any person compensatory and punitive damages. Parties to a civil action brought pursuant to this section shall have the right to a jury trial. Amended by 2016 Tenn. Acts, ch. 863,s 2, eff. 4/19/2016. Acts 1992, ch. 1027, § 9; 1996, ch. 777, § 10.
(a) This section applies only in cases involving discriminatory housing practices.
(b) If the commission has determined that there is reasonable cause to believe that the respondent has engaged in a discriminatory housing practice and if the complaint has not been resolved through a conciliation agreement, the commission shall notify the complainant and the respondent in writing that they may elect to have the claims and issues of the complaint decided in a civil action commenced and maintained by the commission. Either the complainant or the respondent may make such an election by notifying the commission of the complainant's or respondent's desire to do so. A party shall make an election for a civil action no later than twenty (20) days after receiving notice of permission to do so.
(c) If an election is made under this section, no later than sixty (60) days after the election is made, the commission shall commence a civil action in the chancery court or circuit court in a county in which the subject of the complaint occurs, or in a county in which a respondent resides or has the respondent's principal place of business.
(d) In a civil action brought under this section, the court may grant relief as it deems appropriate, including any permanent or temporary injunction, temporary restraining order, or other equitable relief, and may award to any person compensatory and punitive damages. Parties to a civil action brought pursuant to this section shall have the right to a jury trial.
Amended by 2016 Tenn. Acts, ch. 863,s 2, eff. 4/19/2016.
Acts 1992, ch. 1027, § 9; 1996, ch. 777, § 10.
Tenn. Code Ann. § 4-49-202 — TN Code / Title 4 / Chapter 49 / Section 4-49-202
Part definitions
Status: in_force

For purposes of this part: (1) "Athlete" means an individual whom a player selects for the player's imaginary teams for purposes of playing a fantasy sports contest; (2) "Auto draft" means athlete selection offered by a fantasy sports operator that does not involve any input or control by a player; (3) "Beginning player" means any player who has entered fewer than fifty-one (51) contests offered by a single fantasy sports operator; (4) "Consumer" has the same meaning as defined in § 47-18-103 ; (5) "Entry fee" means any valuable consideration, including, but not limited to, cash or a cash equivalent, that a fantasy sports operator requires in order to participate in a fantasy sports contest; (6) "Fantasy sports contest": (A) Means an online simulated game: (i) In which players are subject to an entry fee to assemble imaginary teams of athletes; (ii) In which players are offered an award or prize made known to the players in advance of the online simulated game; and (iii) The winning outcome of which reflects in part the relative knowledge and skill of the participants and is determined predominantly by the accumulated statistical results of the performance or finishing position of athletes in underlying amateur or professional competitions; and (B) Does not include: (i) A contest in which the operator allows the players to auto draft athletes or to choose between pre-selected teams of athletes; (ii) A contest that offers or awards a prize to the winner of, or athletes in, the underlying competition itself; or (iii) A contest where the winning outcome is based on the score, point spread, or any performance or performances of any single actual team or combination of teams or solely on any single performance of an athlete or participant in any single actual event; (7) "Fantasy sports contest platform" means any online method by which access to a fantasy sports contest is provided; (8) "Fantasy sports operator" means a person that offers fantasy sports contests through an online digital platform; (9) "Fantasy sports operator contractor" means any person or entity who works pursuant to an independent contract with a fantasy sports operator and who has access to nonpublic portions of the fantasy sports operator's office, the fantasy sports operator's nonpublic computer network, or the fantasy sports operator's proprietary information that may affect how the fantasy sports contest is played; (10) "Highly experienced player" means a person who has either: (A) Entered more than five hundred (500) contests offered by a single fantasy sports operator; or (B) Won more than five (5) fantasy sports prizes, and the total value of the prizes is two thousand five hundred dollars ($2,500) or more; (11) "Knowingly" means to have known or should have known; (12) "Minor" means any person under eighteen (18) years of age; (13) "Person" has the same meaning as defined in § 47-18-103 ; (14) "Player" means a natural person or individual who participates in a fantasy sports contest offered by a fantasy sports operator; (15) "Private contest" means a fantasy sports contest established among players known to each other and the terms and any prize of which are not established by a fantasy sports operator; (16) "Prize" means a prize, award, incentive, promotion, or anything of value, including, but not limited to, money, contest credits, merchandise, or admission to another fantasy sports contest; (17) "Script" means a list of commands that a fantasy-sports-related computer program can execute and that is created by players, or by third parties for the use of players, to automate processes on a fantasy sports contest platform; and (18) "Tennessee consumer" means a consumer located in this state at the time the person enters a fantasy sports contest. Renumbered from 47-18-1602 by 2023 Tenn. Acts, ch. 143, s 5, eff. 7/1/2023. Added by 2016 Tenn. Acts, ch. 978, s 1, eff. 7/1/2016.
For purposes of this part:
(1) "Athlete" means an individual whom a player selects for the player's imaginary teams for purposes of playing a fantasy sports contest;
(2) "Auto draft" means athlete selection offered by a fantasy sports operator that does not involve any input or control by a player;
(3) "Beginning player" means any player who has entered fewer than fifty-one (51) contests offered by a single fantasy sports operator;
(4) "Consumer" has the same meaning as defined in § 47-18-103 ;
(5) "Entry fee" means any valuable consideration, including, but not limited to, cash or a cash equivalent, that a fantasy sports operator requires in order to participate in a fantasy sports contest;
(6) "Fantasy sports contest": (A) Means an online simulated game: (i) In which players are subject to an entry fee to assemble imaginary teams of athletes; (ii) In which players are offered an award or prize made known to the players in advance of the online simulated game; and (iii) The winning outcome of which reflects in part the relative knowledge and skill of the participants and is determined predominantly by the accumulated statistical results of the performance or finishing position of athletes in underlying amateur or professional competitions; and (B) Does not include: (i) A contest in which the operator allows the players to auto draft athletes or to choose between pre-selected teams of athletes; (ii) A contest that offers or awards a prize to the winner of, or athletes in, the underlying competition itself; or (iii) A contest where the winning outcome is based on the score, point spread, or any performance or performances of any single actual team or combination of teams or solely on any single performance of an athlete or participant in any single actual event;
(A) Means an online simulated game: (i) In which players are subject to an entry fee to assemble imaginary teams of athletes; (ii) In which players are offered an award or prize made known to the players in advance of the online simulated game; and (iii) The winning outcome of which reflects in part the relative knowledge and skill of the participants and is determined predominantly by the accumulated statistical results of the performance or finishing position of athletes in underlying amateur or professional competitions; and
(i) In which players are subject to an entry fee to assemble imaginary teams of athletes;
(ii) In which players are offered an award or prize made known to the players in advance of the online simulated game; and
(iii) The winning outcome of which reflects in part the relative knowledge and skill of the participants and is determined predominantly by the accumulated statistical results of the performance or finishing position of athletes in underlying amateur or professional competitions; and
(B) Does not include: (i) A contest in which the operator allows the players to auto draft athletes or to choose between pre-selected teams of athletes; (ii) A contest that offers or awards a prize to the winner of, or athletes in, the underlying competition itself; or (iii) A contest where the winning outcome is based on the score, point spread, or any performance or performances of any single actual team or combination of teams or solely on any single performance of an athlete or participant in any single actual event;
(i) A contest in which the operator allows the players to auto draft athletes or to choose between pre-selected teams of athletes;
(ii) A contest that offers or awards a prize to the winner of, or athletes in, the underlying competition itself; or
(iii) A contest where the winning outcome is based on the score, point spread, or any performance or performances of any single actual team or combination of teams or solely on any single performance of an athlete or participant in any single actual event;
(7) "Fantasy sports contest platform" means any online method by which access to a fantasy sports contest is provided;
(8) "Fantasy sports operator" means a person that offers fantasy sports contests through an online digital platform;
(9) "Fantasy sports operator contractor" means any person or entity who works pursuant to an independent contract with a fantasy sports operator and who has access to nonpublic portions of the fantasy sports operator's office, the fantasy sports operator's nonpublic computer network, or the fantasy sports operator's proprietary information that may affect how the fantasy sports contest is played;
(10) "Highly experienced player" means a person who has either: (A) Entered more than five hundred (500) contests offered by a single fantasy sports operator; or (B) Won more than five (5) fantasy sports prizes, and the total value of the prizes is two thousand five hundred dollars ($2,500) or more;
(A) Entered more than five hundred (500) contests offered by a single fantasy sports operator; or
(B) Won more than five (5) fantasy sports prizes, and the total value of the prizes is two thousand five hundred dollars ($2,500) or more;
(11) "Knowingly" means to have known or should have known;
(12) "Minor" means any person under eighteen (18) years of age;
(13) "Person" has the same meaning as defined in § 47-18-103 ;
(14) "Player" means a natural person or individual who participates in a fantasy sports contest offered by a fantasy sports operator;
(15) "Private contest" means a fantasy sports contest established among players known to each other and the terms and any prize of which are not established by a fantasy sports operator;
(16) "Prize" means a prize, award, incentive, promotion, or anything of value, including, but not limited to, money, contest credits, merchandise, or admission to another fantasy sports contest;
(17) "Script" means a list of commands that a fantasy-sports-related computer program can execute and that is created by players, or by third parties for the use of players, to automate processes on a fantasy sports contest platform; and
(18) "Tennessee consumer" means a consumer located in this state at the time the person enters a fantasy sports contest.
Renumbered from 47-18-1602 by 2023 Tenn. Acts, ch. 143, s 5, eff. 7/1/2023.
Added by 2016 Tenn. Acts, ch. 978, s 1, eff. 7/1/2016.