Tenn. Code Ann. § 12-1-205 — TN Code / Title 12 / Chapter 1 / Section 12-1-205
Attorneys' fees
Status: in_force

An owner of private property who successfully establishes that a government action is an unconstitutional taking of such owner's private property requiring payment or just compensation shall be entitled to recover the same attorneys' fees, costs and expenses as are allowable in actions brought pursuant to § 29-16-123(b) . Such recovery shall be in accordance with the procedures provided in such section. Acts 1994, ch. 924, § 6.
An owner of private property who successfully establishes that a government action is an unconstitutional taking of such owner's private property requiring payment or just compensation shall be entitled to recover the same attorneys' fees, costs and expenses as are allowable in actions brought pursuant to § 29-16-123(b) . Such recovery shall be in accordance with the procedures provided in such section.
Acts 1994, ch. 924, § 6.
Tenn. Code Ann. § 12-12-105 — TN Code / Title 12 / Chapter 12 / Section 12-12-105
Engagement in investment activities in Iran
Status: in_force

For purposes of this chapter, a person engages in investment activities in Iran if: (1) The person provides goods or services of twenty million dollars ($20,000,000) or more in the energy sector of Iran, including a person that provides oil or liquefied natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquefied natural gas, for the energy sector of Iran; or (2) The person is a financial institution that extends twenty million dollars ($20,000,000) or more in credit to another person, for forty-five (45) days or more, if that person will use the credit to provide goods or services in the energy sector in Iran and is identified on a list, created pursuant to § 12-12-106 , as a person engaging in investment activities in Iran as described in this section. Added by 2016 Tenn. Acts, ch. 817,s 1, eff. 7/1/2016.
For purposes of this chapter, a person engages in investment activities in Iran if:
(1) The person provides goods or services of twenty million dollars ($20,000,000) or more in the energy sector of Iran, including a person that provides oil or liquefied natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquefied natural gas, for the energy sector of Iran; or
(2) The person is a financial institution that extends twenty million dollars ($20,000,000) or more in credit to another person, for forty-five (45) days or more, if that person will use the credit to provide goods or services in the energy sector in Iran and is identified on a list, created pursuant to § 12-12-106 , as a person engaging in investment activities in Iran as described in this section.
Added by 2016 Tenn. Acts, ch. 817,s 1, eff. 7/1/2016.
Tenn. Code Ann. § 12-10-101 — TN Code / Title 12 / Chapter 10 / Section 12-10-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Public Building Authorities Act of 1971." Acts 1971, ch. 126, § 1; T.C.A., § 12-901.
This chapter shall be known and may be cited as the "Public Building Authorities Act of 1971."
Acts 1971, ch. 126, § 1; T.C.A., § 12-901.
Tenn. Code Ann. § 12-7-206 — TN Code / Title 12 / Chapter 7 / Section 12-7-206
Construction with Section 20-6-103
Status: in_force

Nothing in this part shall be construed to supersede § 20-6-103 . To the extent that this part is in conflict with § 20-6-103 , § 20-6-103 shall control. Acts 1995, ch. 114, § 5.
Nothing in this part shall be construed to supersede § 20-6-103 . To the extent that this part is in conflict with § 20-6-103 , § 20-6-103 shall control.
Acts 1995, ch. 114, § 5.
Tenn. Code Ann. § 12-4-604 — TN Code / Title 12 / Chapter 4 / Section 12-4-604
Intentional violation of part - Penalty
Status: in_force

An intentional violation of this part is a Class E felony. Acts 1981, ch. 393, § 1; 1989, ch. 591, § 25.
An intentional violation of this part is a Class E felony.
Acts 1981, ch. 393, § 1; 1989, ch. 591, § 25.
Tenn. Code Ann. § 12-4-104 — TN Code / Title 12 / Chapter 4 / Section 12-4-104
Penalty for unlawful transactions
Status: in_force

(a) It is an offense for a public employee involved in negotiating a procurement agreement to accept employment with any person or entity with whom the employee dealt in an official capacity on behalf of the state concerning the procurement agreement for a period of twenty-four (24) months from the ending of the procurement agreement or one (1) year immediately following departure from employment as the public officer or employee, whichever occurs first. For purposes of this section, "procurement agreement" means any agreement to procure goods or services, including, but not limited to, a contract or grant, but does not include a contract or grant by a public institution of higher education to procure research or public service-related goods or services. (b) It is an offense for any person who, for compensation, prepares a solicitation for or on behalf of a public body to: (1) Submit a response to a solicitation for that procurement or any portion thereof; or (2) Disclose to any respondent to a solicitation information concerning the procurement that is not available to the public. A public body may permit such person to submit response to a solicitation for that procurement or any portion thereof if the public body determines that the exclusion of the person would limit the number of potential qualified respondents to a solicitation in a manner contrary to the best interest of the public body. (c) (1) It is an offense for a contractor or subcontractor to demand or receive from any of the contractor's or subcontractor's suppliers or for a contractor to demand or receive from the contractor's subcontractors, as an inducement for the award of a subcontract or order, any payment, loan, subscription, advance, deposit of money, services or anything, present or promised, unless consideration of substantially equal or greater value is exchanged. (2) It is an offense for a subcontractor or supplier to make or offer to make any payment, loan, subscription, advance, deposit of money, services or anything, present or promised, unless consideration of substantially equal or greater value is exchanged. (3) It is an offense for any person to demand or receive any payment, loan, subscription, advance, deposit of money, services or anything of value in return for an agreement not to compete on a public contract. (4) If a contractor, subcontractor, supplier or any person violates any provision of this subsection (c), the amount thereof shall be conclusively presumed to have been included in the price of the contract, subcontract or order and ultimately borne by the public body and shall be recoverable from both the maker and recipient. Recovery from one (1) offending party shall not preclude recovery from other offending parties. (d) (1) A contract entered into in violation of this section on or after October 1, 2011, is void. A contract that is otherwise void under this section may continue in effect until an alternative can be arranged when: (A) Immediate termination would result in harm to the public health or welfare; and (B) The continuation is approved by the commission. (2) Approval of continuation of contracts under this subsection (d) shall be given for the minimum period necessary to protect the public health or welfare. The chief procurement officer and the comptroller of the treasury shall be notified immediately upon a determination that a contract violates this subsection (d). (e) (1) As used in this section, the term "public officer" means an individual who is elected or appointed to serve or represent a public agency, other than an employee or independent contractor of a public agency. (2) A public officer or employee is involved in administering a contract if the officer or employee oversees the performance of the contract or has authority to make decisions regarding the contract or to interpret the contract. (3) A public officer or employee is involved in making a contract if such officer or employee participates in the development of specifications or terms or in the preparation or award of the contract. A public officer is also involved in making a contract if the board, commission, or other body of which such officer is a member takes action on the contract, whether or not the public officer actually participates in that action, unless the contract is approved under an exception to this section under which the public officer is allowed to benefit and is prohibited from voting. (4) A public officer or employee derives a direct benefit from a contract if the person or the person's spouse: (A) Has more than a ten-percent ownership or other interest in an entity that is a party to the contract; (B) Derives any income or commission directly from the contract; or (C) Acquires property under the contract. (f) A public officer or employee is not involved in making or administering a contract solely because of the performance of ministerial duties related to the contract. (g) A violation of this section is a Class A misdemeanor. Amended by 2021 Tenn. Acts, ch. 562, s 6, eff. 5/26/2021. Amended by 2013 Tenn. Acts, ch. 403, s 74, eff. 7/1/2013. Acts 1953, ch. 160, §§ 2, 3 (Williams, §§ 1876.2, 1876.3); impl. am. Acts 1979, ch. 203, § 20; T.C.A. (orig. ed.), § 12-404; Acts 1989, ch. 591, § 24.
(a) It is an offense for a public employee involved in negotiating a procurement agreement to accept employment with any person or entity with whom the employee dealt in an official capacity on behalf of the state concerning the procurement agreement for a period of twenty-four (24) months from the ending of the procurement agreement or one (1) year immediately following departure from employment as the public officer or employee, whichever occurs first. For purposes of this section, "procurement agreement" means any agreement to procure goods or services, including, but not limited to, a contract or grant, but does not include a contract or grant by a public institution of higher education to procure research or public service-related goods or services.
(b) It is an offense for any person who, for compensation, prepares a solicitation for or on behalf of a public body to: (1) Submit a response to a solicitation for that procurement or any portion thereof; or (2) Disclose to any respondent to a solicitation information concerning the procurement that is not available to the public. A public body may permit such person to submit response to a solicitation for that procurement or any portion thereof if the public body determines that the exclusion of the person would limit the number of potential qualified respondents to a solicitation in a manner contrary to the best interest of the public body.
(1) Submit a response to a solicitation for that procurement or any portion thereof; or
(2) Disclose to any respondent to a solicitation information concerning the procurement that is not available to the public. A public body may permit such person to submit response to a solicitation for that procurement or any portion thereof if the public body determines that the exclusion of the person would limit the number of potential qualified respondents to a solicitation in a manner contrary to the best interest of the public body.
(c) (1) It is an offense for a contractor or subcontractor to demand or receive from any of the contractor's or subcontractor's suppliers or for a contractor to demand or receive from the contractor's subcontractors, as an inducement for the award of a subcontract or order, any payment, loan, subscription, advance, deposit of money, services or anything, present or promised, unless consideration of substantially equal or greater value is exchanged. (2) It is an offense for a subcontractor or supplier to make or offer to make any payment, loan, subscription, advance, deposit of money, services or anything, present or promised, unless consideration of substantially equal or greater value is exchanged. (3) It is an offense for any person to demand or receive any payment, loan, subscription, advance, deposit of money, services or anything of value in return for an agreement not to compete on a public contract. (4) If a contractor, subcontractor, supplier or any person violates any provision of this subsection (c), the amount thereof shall be conclusively presumed to have been included in the price of the contract, subcontract or order and ultimately borne by the public body and shall be recoverable from both the maker and recipient. Recovery from one (1) offending party shall not preclude recovery from other offending parties.
(1) It is an offense for a contractor or subcontractor to demand or receive from any of the contractor's or subcontractor's suppliers or for a contractor to demand or receive from the contractor's subcontractors, as an inducement for the award of a subcontract or order, any payment, loan, subscription, advance, deposit of money, services or anything, present or promised, unless consideration of substantially equal or greater value is exchanged.
(2) It is an offense for a subcontractor or supplier to make or offer to make any payment, loan, subscription, advance, deposit of money, services or anything, present or promised, unless consideration of substantially equal or greater value is exchanged.
(3) It is an offense for any person to demand or receive any payment, loan, subscription, advance, deposit of money, services or anything of value in return for an agreement not to compete on a public contract.
(4) If a contractor, subcontractor, supplier or any person violates any provision of this subsection (c), the amount thereof shall be conclusively presumed to have been included in the price of the contract, subcontract or order and ultimately borne by the public body and shall be recoverable from both the maker and recipient. Recovery from one (1) offending party shall not preclude recovery from other offending parties.
(d) (1) A contract entered into in violation of this section on or after October 1, 2011, is void. A contract that is otherwise void under this section may continue in effect until an alternative can be arranged when: (A) Immediate termination would result in harm to the public health or welfare; and (B) The continuation is approved by the commission. (2) Approval of continuation of contracts under this subsection (d) shall be given for the minimum period necessary to protect the public health or welfare. The chief procurement officer and the comptroller of the treasury shall be notified immediately upon a determination that a contract violates this subsection (d).
(1) A contract entered into in violation of this section on or after October 1, 2011, is void. A contract that is otherwise void under this section may continue in effect until an alternative can be arranged when: (A) Immediate termination would result in harm to the public health or welfare; and (B) The continuation is approved by the commission.
(A) Immediate termination would result in harm to the public health or welfare; and
(B) The continuation is approved by the commission.
(2) Approval of continuation of contracts under this subsection (d) shall be given for the minimum period necessary to protect the public health or welfare. The chief procurement officer and the comptroller of the treasury shall be notified immediately upon a determination that a contract violates this subsection (d).
(e) (1) As used in this section, the term "public officer" means an individual who is elected or appointed to serve or represent a public agency, other than an employee or independent contractor of a public agency. (2) A public officer or employee is involved in administering a contract if the officer or employee oversees the performance of the contract or has authority to make decisions regarding the contract or to interpret the contract. (3) A public officer or employee is involved in making a contract if such officer or employee participates in the development of specifications or terms or in the preparation or award of the contract. A public officer is also involved in making a contract if the board, commission, or other body of which such officer is a member takes action on the contract, whether or not the public officer actually participates in that action, unless the contract is approved under an exception to this section under which the public officer is allowed to benefit and is prohibited from voting. (4) A public officer or employee derives a direct benefit from a contract if the person or the person's spouse: (A) Has more than a ten-percent ownership or other interest in an entity that is a party to the contract; (B) Derives any income or commission directly from the contract; or (C) Acquires property under the contract.
(1) As used in this section, the term "public officer" means an individual who is elected or appointed to serve or represent a public agency, other than an employee or independent contractor of a public agency.
(2) A public officer or employee is involved in administering a contract if the officer or employee oversees the performance of the contract or has authority to make decisions regarding the contract or to interpret the contract.
(3) A public officer or employee is involved in making a contract if such officer or employee participates in the development of specifications or terms or in the preparation or award of the contract. A public officer is also involved in making a contract if the board, commission, or other body of which such officer is a member takes action on the contract, whether or not the public officer actually participates in that action, unless the contract is approved under an exception to this section under which the public officer is allowed to benefit and is prohibited from voting.
(4) A public officer or employee derives a direct benefit from a contract if the person or the person's spouse: (A) Has more than a ten-percent ownership or other interest in an entity that is a party to the contract; (B) Derives any income or commission directly from the contract; or (C) Acquires property under the contract.
(A) Has more than a ten-percent ownership or other interest in an entity that is a party to the contract;
(B) Derives any income or commission directly from the contract; or
(C) Acquires property under the contract.
(f) A public officer or employee is not involved in making or administering a contract solely because of the performance of ministerial duties related to the contract.
(g) A violation of this section is a Class A misdemeanor.
Amended by 2021 Tenn. Acts, ch. 562, s 6, eff. 5/26/2021.
Amended by 2013 Tenn. Acts, ch. 403, s 74, eff. 7/1/2013.
Acts 1953, ch. 160, §§ 2, 3 (Williams, §§ 1876.2, 1876.3); impl. am. Acts 1979, ch. 203, § 20; T.C.A. (orig. ed.), § 12-404; Acts 1989, ch. 591, § 24.
Tenn. Code Ann. § 12-7-106 — TN Code / Title 12 / Chapter 7 / Section 12-7-106
[Repealed]
Status: repealed

Repealed by 2015 Tenn. Acts, ch. 87, s 2, eff. 4/9/2015. Acts 1976, ch. 694, § 6; T.C.A., § 12-1006; Acts 1980, ch. 455, § 2; 1982, ch. 563, §§ 7-9; 1984, ch. 798, § 6; 1998, ch. 581, § 2; 2002, ch. 758, § 3.
Repealed by 2015 Tenn. Acts, ch. 87, s 2, eff. 4/9/2015.
Acts 1976, ch. 694, § 6; T.C.A., § 12-1006; Acts 1980, ch. 455, § 2; 1982, ch. 563, §§ 7-9; 1984, ch. 798, § 6; 1998, ch. 581, § 2; 2002, ch. 758, § 3.
Tenn. Code Ann. § 12-3-1107 — TN Code / Title 12 / Chapter 3 / Section 12-3-1107
Annual report
Status: in_force

(a) The chief procurement officer shall annually report, on or before each December 31, to the governor and to each member of the general assembly concerning the awarding of purchases to minority-owned business, woman-owned business, service-disabled veteran-owned business, business owned by persons with disabilities, or small business and the total value of awards made during the preceding fiscal year under this part. The chief procurement officer shall also include in such annual report: (1) The number of solicitations of minority-owned business, woman-owned business, service-disabled veteran-owned business, business owned by persons with disabilities, or small business by category; (2) The number of responses received from minority-owned business, woman-owned business, service-disabled veteran-owned business, business owned by persons with disabilities, or small business by category; (3) The dollar amount of purchases awarded to such businesses by category; and (4) The total dollar amount of purchases awarded to all businesses in the state. (b) In annually reporting the information on any minority-owned business, woman-owned business, service-disabled veteran-owned business, business owned by persons with disabilities, or small business, based upon information provided by vendors, the chief procurement officer shall, in a separate section of the report, indicate the number of businesses solicited within each of the five (5) subcategories enumerated within § 12-3-1102 , the number of responses received from each of the five (5) subcategories enumerated within § 12-3-1102 , and the total number and dollar amount of all purchases awarded within each of the five (5) subcategories enumerated within § 12-3-1102 . For purposes of evaluation, the report shall also indicate the total number and dollar amount of all purchases by all state agencies during the reporting period. Amended by 2017 Tenn. Acts, ch. 485,Secs.s13, s17 eff. 6/6/2017. Amended by 2017 Tenn. Acts, ch. 485,s 12, eff. 6/6/2017. Added by 2013 Tenn. Acts, ch. 403,s 67, eff. 7/1/2013.
(a) The chief procurement officer shall annually report, on or before each December 31, to the governor and to each member of the general assembly concerning the awarding of purchases to minority-owned business, woman-owned business, service-disabled veteran-owned business, business owned by persons with disabilities, or small business and the total value of awards made during the preceding fiscal year under this part. The chief procurement officer shall also include in such annual report: (1) The number of solicitations of minority-owned business, woman-owned business, service-disabled veteran-owned business, business owned by persons with disabilities, or small business by category; (2) The number of responses received from minority-owned business, woman-owned business, service-disabled veteran-owned business, business owned by persons with disabilities, or small business by category; (3) The dollar amount of purchases awarded to such businesses by category; and (4) The total dollar amount of purchases awarded to all businesses in the state.
(1) The number of solicitations of minority-owned business, woman-owned business, service-disabled veteran-owned business, business owned by persons with disabilities, or small business by category;
(2) The number of responses received from minority-owned business, woman-owned business, service-disabled veteran-owned business, business owned by persons with disabilities, or small business by category;
(3) The dollar amount of purchases awarded to such businesses by category; and
(4) The total dollar amount of purchases awarded to all businesses in the state.
(b) In annually reporting the information on any minority-owned business, woman-owned business, service-disabled veteran-owned business, business owned by persons with disabilities, or small business, based upon information provided by vendors, the chief procurement officer shall, in a separate section of the report, indicate the number of businesses solicited within each of the five (5) subcategories enumerated within § 12-3-1102 , the number of responses received from each of the five (5) subcategories enumerated within § 12-3-1102 , and the total number and dollar amount of all purchases awarded within each of the five (5) subcategories enumerated within § 12-3-1102 . For purposes of evaluation, the report shall also indicate the total number and dollar amount of all purchases by all state agencies during the reporting period.
Amended by 2017 Tenn. Acts, ch. 485,Secs.s13, s17 eff. 6/6/2017.
Amended by 2017 Tenn. Acts, ch. 485,s 12, eff. 6/6/2017.
Added by 2013 Tenn. Acts, ch. 403,s 67, eff. 7/1/2013.
Tenn. Code Ann. § 12-2-418 — TN Code / Title 12 / Chapter 2 / Section 12-2-418
[Repealed]
Status: repealed

Repealed by 2013 Tenn. Acts, ch. 118, s 1, eff. 4/12/2013. Acts 2009 , ch. 244, § 1.
Repealed by 2013 Tenn. Acts, ch. 118, s 1, eff. 4/12/2013.
Acts 2009 , ch. 244, § 1.
Tenn. Code Ann. § 12-3-511 — TN Code / Title 12 / Chapter 3 / Section 12-3-511
Ascertainment of availability of funds
Status: in_force

The central procurement office shall not honor or act upon any requisitions from any state agency without first having ascertained from the commissioner of finance and administration, or other responsible official, the availability of funds to cover the proposed expenditure. Added by 2013 Tenn. Acts, ch. 403,s 30, eff. 7/1/2013.
The central procurement office shall not honor or act upon any requisitions from any state agency without first having ascertained from the commissioner of finance and administration, or other responsible official, the availability of funds to cover the proposed expenditure.
Added by 2013 Tenn. Acts, ch. 403,s 30, eff. 7/1/2013.
Tenn. Code Ann. § 12-3-1213 — TN Code / Title 12 / Chapter 3 / Section 12-3-1213
Local governments authority to contract - Contract agreements entered by state building commission
Status: in_force

Where any local or private act, charter, or general law requires that a local governmental unit purchase by competitive procurement method, the local governmental unit may, notwithstanding the local or private act, charter, or general law, purchase, without public advertisement or competitive soliciting, under contracts or price agreements entered into by the state building commission. Added by 2023 Tenn. Acts, ch. 276, s 4, eff. 4/28/2023.
Where any local or private act, charter, or general law requires that a local governmental unit purchase by competitive procurement method, the local governmental unit may, notwithstanding the local or private act, charter, or general law, purchase, without public advertisement or competitive soliciting, under contracts or price agreements entered into by the state building commission.
Added by 2023 Tenn. Acts, ch. 276, s 4, eff. 4/28/2023.
Tenn. Code Ann. § 12-4-410 — TN Code / Title 12 / Chapter 4 / Section 12-4-410
Posting of wage rates
Status: in_force

Each highway contractor and subcontractor subject to this part shall post and keep posted in a conspicuous place at the site of the construction work a copy of the prevailing wage rates prescribed in the state contract. Amended by 2013 Tenn. Acts, ch. 280,s 13, eff. 1/1/2014. Acts 1975, ch. 368, § 1; T.C.A., § 12-444.
Each highway contractor and subcontractor subject to this part shall post and keep posted in a conspicuous place at the site of the construction work a copy of the prevailing wage rates prescribed in the state contract.
Amended by 2013 Tenn. Acts, ch. 280,s 13, eff. 1/1/2014.
Acts 1975, ch. 368, § 1; T.C.A., § 12-444.
Tenn. Code Ann. § 12-3-307 — TN Code / Title 12 / Chapter 3 / Section 12-3-307
Application of procedural and administrative accountability requirements to matching funds
Status: in_force

Contracting state agencies that establish the procedural and administrative accountability requirements shall apply these requirements to all matching funds. The established procedural and administrative requirements shall remain in effect for the entire fiscal year covered by the third party contract, and no contracting agency shall modify or amend these procedures without the state agency's approval. Amended by 2013 Tenn. Acts, ch. 403,s 18, eff. 7/1/2013.
Contracting state agencies that establish the procedural and administrative accountability requirements shall apply these requirements to all matching funds. The established procedural and administrative requirements shall remain in effect for the entire fiscal year covered by the third party contract, and no contracting agency shall modify or amend these procedures without the state agency's approval.
Amended by 2013 Tenn. Acts, ch. 403,s 18, eff. 7/1/2013.
Tenn. Code Ann. § 12-9-108 — TN Code / Title 12 / Chapter 9 / Section 12-9-108
Interlocal contracts for performance of services
Status: in_force

Any one (1) or more public agencies may contract with any one (1) or more public agencies to perform any governmental service, activity or undertaking which each public agency entering into the contract is authorized by law to perform; provided, that such contract shall be authorized by the governing body of each party to the contract. Such contract shall set forth fully the purposes, powers, rights, objectives, and responsibilities of the contracting parties. Contracts entered into pursuant to this section need not conform to the requirements set forth in this chapter for contracts for joint undertakings. Acts 1967, ch. 350, § 8; T.C.A., § 12-808; Acts 1984, ch. 890, § 4.
Any one (1) or more public agencies may contract with any one (1) or more public agencies to perform any governmental service, activity or undertaking which each public agency entering into the contract is authorized by law to perform; provided, that such contract shall be authorized by the governing body of each party to the contract. Such contract shall set forth fully the purposes, powers, rights, objectives, and responsibilities of the contracting parties. Contracts entered into pursuant to this section need not conform to the requirements set forth in this chapter for contracts for joint undertakings.
Acts 1967, ch. 350, § 8; T.C.A., § 12-808; Acts 1984, ch. 890, § 4.
Tenn. Code Ann. § 12-9-111 — TN Code / Title 12 / Chapter 9 / Section 12-9-111
Filing of interlocal agreements forming local government joint venture
Status: in_force

Any interlocal agreement entered into by local government entities that creates a local government joint venture entity shall be filed in the office of the comptroller of the treasury within ninety (90) days of execution of the agreement. Any interlocal agreement entered into by local government entities of this state that created a local government joint venture entity that is in effect on June 20, 2006, shall be filed with the office of the comptroller of the treasury within one hundred twenty (120) days of June 20, 2006. Acts 2006, ch. 923, § 2.
Any interlocal agreement entered into by local government entities that creates a local government joint venture entity shall be filed in the office of the comptroller of the treasury within ninety (90) days of execution of the agreement. Any interlocal agreement entered into by local government entities of this state that created a local government joint venture entity that is in effect on June 20, 2006, shall be filed with the office of the comptroller of the treasury within one hundred twenty (120) days of June 20, 2006.
Acts 2006, ch. 923, § 2.
Tenn. Code Ann. § 12-2-111 — TN Code / Title 12 / Chapter 2 / Section 12-2-111
Engineer and assistants to commissioner
Status: in_force

The commissioner of general services, on approval of the governor, is empowered to employ a qualified engineer and such other assistants as may be necessary to enable the commissioner to fully perform the duties and to execute the powers conferred by §§ 12-2-103 - 12-2-110. Amended by 2013 Tenn. Acts, ch. 454,s 36, eff. 5/16/2013. Acts 1947, ch. 106, § 7; C. Supp. 1950, § 255.82 (Williams, § 254.25); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 12-211.
The commissioner of general services, on approval of the governor, is empowered to employ a qualified engineer and such other assistants as may be necessary to enable the commissioner to fully perform the duties and to execute the powers conferred by §§ 12-2-103 - 12-2-110.
Amended by 2013 Tenn. Acts, ch. 454,s 36, eff. 5/16/2013.
Acts 1947, ch. 106, § 7; C. Supp. 1950, § 255.82 (Williams, § 254.25); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 12-211.
Tenn. Code Ann. § 12-10-105 — TN Code / Title 12 / Chapter 10 / Section 12-10-105
Certificate of incorporation - Contents
Status: in_force

(a) The certificate of incorporation shall set forth: (1) The names and residences of the applicants together with a recital that each of them is an elector of the county or of the incorporated city or town or is a customer of the utility district. (2) The name of the authority which shall be public building authority of the ______________ of ______________ (the blanks to be filled in with the name of the municipality); (3) A recital that permission to organize the authority has been granted by resolution duly adopted by the governing body of the municipality and the date of the adoption of such resolution; (4) The location of the principal office of the authority; (5) The purposes for which the authority is proposed to be organized; (6) The number of directors of the authority; (7) The period, which may be perpetual, for the duration of the authority; and (8) Any other matter which the applicants may choose to insert therein which shall not be inconsistent with this chapter or with the laws of this state. (b) The certificate of incorporation shall be subscribed and acknowledged by each of the applicants before an officer authorized by the laws of Tennessee to take acknowledgments to deeds. Acts 1971, ch. 126, § 5; T.C.A., §12-905; Acts 2008 , ch. 720, § 3.
(a) The certificate of incorporation shall set forth: (1) The names and residences of the applicants together with a recital that each of them is an elector of the county or of the incorporated city or town or is a customer of the utility district. (2) The name of the authority which shall be public building authority of the ______________ of ______________ (the blanks to be filled in with the name of the municipality); (3) A recital that permission to organize the authority has been granted by resolution duly adopted by the governing body of the municipality and the date of the adoption of such resolution; (4) The location of the principal office of the authority; (5) The purposes for which the authority is proposed to be organized; (6) The number of directors of the authority; (7) The period, which may be perpetual, for the duration of the authority; and (8) Any other matter which the applicants may choose to insert therein which shall not be inconsistent with this chapter or with the laws of this state.
(1) The names and residences of the applicants together with a recital that each of them is an elector of the county or of the incorporated city or town or is a customer of the utility district.
(2) The name of the authority which shall be public building authority of the ______________ of ______________ (the blanks to be filled in with the name of the municipality);
(3) A recital that permission to organize the authority has been granted by resolution duly adopted by the governing body of the municipality and the date of the adoption of such resolution;
(4) The location of the principal office of the authority;
(5) The purposes for which the authority is proposed to be organized;
(6) The number of directors of the authority;
(7) The period, which may be perpetual, for the duration of the authority; and
(8) Any other matter which the applicants may choose to insert therein which shall not be inconsistent with this chapter or with the laws of this state.
(b) The certificate of incorporation shall be subscribed and acknowledged by each of the applicants before an officer authorized by the laws of Tennessee to take acknowledgments to deeds.
Acts 1971, ch. 126, § 5; T.C.A., §12-905; Acts 2008 , ch. 720, § 3.
Tenn. Code Ann. § 12-4-801 — TN Code / Title 12 / Chapter 4 / Section 12-4-801
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Public construction project" means and includes a public works project as defined in the Local Government Public Obligations Act of 1986, compiled in title 9, chapter 21; (2) "Responsible bidder" means a person who has the capacity in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance; and (3) "Responsive bidder" means a person who has submitted a bid which conforms in all material respects to all documents, whether attached or incorporated by reference, utilized for soliciting bids. Acts 1990, ch. 1062, § 2.
As used in this part, unless the context otherwise requires:
(1) "Public construction project" means and includes a public works project as defined in the Local Government Public Obligations Act of 1986, compiled in title 9, chapter 21;
(2) "Responsible bidder" means a person who has the capacity in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance; and
(3) "Responsive bidder" means a person who has submitted a bid which conforms in all material respects to all documents, whether attached or incorporated by reference, utilized for soliciting bids.
Acts 1990, ch. 1062, § 2.
Tenn. Code Ann. § 12-3-401 — TN Code / Title 12 / Chapter 3 / Section 12-3-401
Procedure for delegated authority
Status: in_force

(a) The chief procurement officer may authorize any or all state agencies to procure all or any specific types and classes of goods or services, without following the procedures relating to the requisitioning of such goods or services through the central procurement office. The comptroller of the treasury shall review and approve such delegations as required by procurement commission policy. The chief procurement officer shall consider the individual state agency's purchasing record in these delegations and shall periodically review purchasing activities of any state agency granted such delegation, and may reduce or revoke such delegated purchasing authority. (b) It is intended that delegation of purchase authority may be made by state agency, by type of good or service, by dollar amount of procurement, or by any combination thereof, in order to reduce the procurement time required and to increase the amount of purchases made from any minority-owned business, woman-owned business, service-disabled veteran-owned business, business owned by persons with disabilities, or small business, as defined in § 12-3-1102 . (c) Upon delegated authority, any procurement not exceeding fifty thousand dollars ($50,000), for which a source of supply has not otherwise been established, shall be made without requisitioning such goods or services through the central procurement office; provided, that procurement requirements shall not be artificially divided so as to constitute a small purchase under this section. (d) All requisitions and solicitations provided for in this section shall be posted on the state procurement office's website, at a minimum providing the following information, as applicable, regarding each such procurement: (1) Procuring agency; (2) Requisition number; (3) Vendor; (4) Total amount of requisition; (5) Line item of description; and (6) Line item amount. Amended by 2017 Tenn. Acts, ch. 485,s 1, eff. 6/6/2017. Added by 2013 Tenn. Acts, ch. 403,s 19, eff. 7/1/2013. Acts 1953, ch. 163, § 3 (Williams, § 370.12); 1970, ch. 548, § 1; 1972, ch. 543, § 16; 1976, ch. 806, § 1(50); T.C.A. (orig. ed.), §§ 12-301, 12-3-201; Acts 2010, ch. 1098, § 2; 2011, ch. 295, §§ 5, 19, repealed by Acts 2011, ch. 295, § 11, effective 4/1/2012
(a) The chief procurement officer may authorize any or all state agencies to procure all or any specific types and classes of goods or services, without following the procedures relating to the requisitioning of such goods or services through the central procurement office. The comptroller of the treasury shall review and approve such delegations as required by procurement commission policy. The chief procurement officer shall consider the individual state agency's purchasing record in these delegations and shall periodically review purchasing activities of any state agency granted such delegation, and may reduce or revoke such delegated purchasing authority.
(b) It is intended that delegation of purchase authority may be made by state agency, by type of good or service, by dollar amount of procurement, or by any combination thereof, in order to reduce the procurement time required and to increase the amount of purchases made from any minority-owned business, woman-owned business, service-disabled veteran-owned business, business owned by persons with disabilities, or small business, as defined in § 12-3-1102 .
(c) Upon delegated authority, any procurement not exceeding fifty thousand dollars ($50,000), for which a source of supply has not otherwise been established, shall be made without requisitioning such goods or services through the central procurement office; provided, that procurement requirements shall not be artificially divided so as to constitute a small purchase under this section.
(d) All requisitions and solicitations provided for in this section shall be posted on the state procurement office's website, at a minimum providing the following information, as applicable, regarding each such procurement: (1) Procuring agency; (2) Requisition number; (3) Vendor; (4) Total amount of requisition; (5) Line item of description; and (6) Line item amount.
(1) Procuring agency;
(2) Requisition number;
(3) Vendor;
(4) Total amount of requisition;
(5) Line item of description; and
(6) Line item amount.
Amended by 2017 Tenn. Acts, ch. 485,s 1, eff. 6/6/2017.
Added by 2013 Tenn. Acts, ch. 403,s 19, eff. 7/1/2013.
Acts 1953, ch. 163, § 3 (Williams, § 370.12); 1970, ch. 548, § 1; 1972, ch. 543, § 16; 1976, ch. 806, § 1(50); T.C.A. (orig. ed.), §§ 12-301, 12-3-201; Acts 2010, ch. 1098, § 2; 2011, ch. 295, §§ 5, 19, repealed by Acts 2011, ch. 295, § 11, effective 4/1/2012
Tenn. Code Ann. § 12-2-420 — TN Code / Title 12 / Chapter 2 / Section 12-2-420
Transfers of surplus personal property among governmental entities
Status: in_force

(a) Notwithstanding any other provisions of law, counties, municipalities and metropolitan governments may purchase, trade or receive as a gift, upon approval of the governing bodies involved in the transaction, any used or surplus personal property from another county, municipality, metropolitan government, state government, federal government or any instrumentality of the foregoing, without regard to any laws regarding public advertisement and competitive bidding. A transfer of surplus personal property from the state of Tennessee must satisfy the requirements of § 12-2-407 . Also notwithstanding any other provision of law, any county, municipality, or metropolitan government may by resolution or ordinance of its governing body establish a procedure for the disposition of its surplus personal property to other governmental entities, including, but not limited to, counties, municipalities, metropolitan governments, the state of Tennessee, the federal government, other states or their political subdivisions and the instrumentalities of any of the foregoing, by sale, gift, trade, or barter upon such terms as the governing body may authorize, without regard to any other provisions of law regarding the sale or disposition of used or surplus personal property. (b) This section shall be construed as supplemental authority for counties, municipalities and metropolitan governments. Amended by 2022 Tenn. Acts, ch. 713, s 1, eff. 3/18/2022. Acts 1989, ch. 305, § 1; T.C.A. § 12-3-1005 .
(a) Notwithstanding any other provisions of law, counties, municipalities and metropolitan governments may purchase, trade or receive as a gift, upon approval of the governing bodies involved in the transaction, any used or surplus personal property from another county, municipality, metropolitan government, state government, federal government or any instrumentality of the foregoing, without regard to any laws regarding public advertisement and competitive bidding. A transfer of surplus personal property from the state of Tennessee must satisfy the requirements of § 12-2-407 . Also notwithstanding any other provision of law, any county, municipality, or metropolitan government may by resolution or ordinance of its governing body establish a procedure for the disposition of its surplus personal property to other governmental entities, including, but not limited to, counties, municipalities, metropolitan governments, the state of Tennessee, the federal government, other states or their political subdivisions and the instrumentalities of any of the foregoing, by sale, gift, trade, or barter upon such terms as the governing body may authorize, without regard to any other provisions of law regarding the sale or disposition of used or surplus personal property.
(b) This section shall be construed as supplemental authority for counties, municipalities and metropolitan governments.
Amended by 2022 Tenn. Acts, ch. 713, s 1, eff. 3/18/2022.
Acts 1989, ch. 305, § 1; T.C.A. § 12-3-1005 .
Tenn. Code Ann. § 12-4-112 — TN Code / Title 12 / Chapter 4 / Section 12-4-112
State agency contract guidelines
Status: in_force

(a) As used in this section, "governmental entity" means any county, municipality, metropolitan government, town, utility district, or other municipal or public corporation of this state. (b) Notwithstanding any other provision of law or private act to the contrary, a governmental entity may enter into multi-year contracts for painting and other maintenance of water storage tanks and appurtenant facilities procured through a request for proposals process. The request for proposals process shall invite prospective proposers to participate and shall indicate the service requirements and the categories used for evaluating the proposals, together with the relative weight of each category. Such categories shall include such factors as qualifications, experience on similar projects, availability of workers, technical approach, minority participation, cost, and any additional factor or factors deemed relevant by the procuring governmental entity. Cost shall not be the sole criterion for evaluation. Proposers shall be given at least thirty (30) days from public advertisement of the request for proposals to consider the evaluation factors set forth in the solicitation documents before submitting proposals. The contract shall be awarded to the best proposer who meets the minimum required qualifications, using the evaluation criteria set forth in this subsection (b). (c) Any governmental entity may, at its option, require such multi-year contracts to be competitively bid. Amended by 2013 Tenn. Acts, ch. 403,s 80, eff. 7/1/2013. Acts 1976, ch. 785, § 2; T.C.A., §§ 9-708, 9-7-108; Acts 2010, ch. 1098, § 3; 2011, ch. 295, § 5.
(a) As used in this section, "governmental entity" means any county, municipality, metropolitan government, town, utility district, or other municipal or public corporation of this state.
(b) Notwithstanding any other provision of law or private act to the contrary, a governmental entity may enter into multi-year contracts for painting and other maintenance of water storage tanks and appurtenant facilities procured through a request for proposals process. The request for proposals process shall invite prospective proposers to participate and shall indicate the service requirements and the categories used for evaluating the proposals, together with the relative weight of each category. Such categories shall include such factors as qualifications, experience on similar projects, availability of workers, technical approach, minority participation, cost, and any additional factor or factors deemed relevant by the procuring governmental entity. Cost shall not be the sole criterion for evaluation. Proposers shall be given at least thirty (30) days from public advertisement of the request for proposals to consider the evaluation factors set forth in the solicitation documents before submitting proposals. The contract shall be awarded to the best proposer who meets the minimum required qualifications, using the evaluation criteria set forth in this subsection (b).
(c) Any governmental entity may, at its option, require such multi-year contracts to be competitively bid.
Amended by 2013 Tenn. Acts, ch. 403,s 80, eff. 7/1/2013.
Acts 1976, ch. 785, § 2; T.C.A., §§ 9-708, 9-7-108; Acts 2010, ch. 1098, § 3; 2011, ch. 295, § 5.
Tenn. Code Ann. § 12-3-312 — TN Code / Title 12 / Chapter 3 / Section 12-3-312
Contract Accountability and Responsible Employment (CARE)
Status: in_force

(a) As used in this section, "state agency" also includes institutions of higher education. "State agency" does not include the department of treasury, the Tennessee financial literacy commission, the Tennessee consolidated retirement system, or any office of a constitutional officer of this state. (b) Prior to the procurement of a contract for services between a state agency and a private party in excess of two and one-half million dollars ($2,500,000) and that results in the layoff or furlough of one (1) or more state employees, the state agency shall produce an economic impact statement using professionally accepted methodologies. The economic impact statement must include the information identified in § 4-33-104(b) . (c) An economic impact statement produced under subsection (b) must be submitted to the fiscal review committee for dissemination to the members of the general assembly no less than forty-five (45) days prior to the execution of the contract. (d) Upon receipt of an economic impact statement under subsection (c), the chair of the fiscal review committee may schedule a hearing to review the economic impact statement. (e) A state agency notified of a hearing conducted under subsection (d) shall provide the fiscal review committee, upon request, any information reasonably related to the proposed contract that the committee deems relevant; provided, that a state agency is not required to produce privileged information or any record that is not open for public inspection pursuant to state law. (f) Upon compliance with subsections (b) and (c), nothing in this section prohibits a state agency from executing a proposed contract for services that is subject to this section. (g) This section applies only to contracts procured on and after March 9, 2018, and does not apply to any contract for services executed on or before March 9, 2018, including, but not limited to, any option for renewal or extension of such contract. Acts 2018, ch. 544, § 2.
(a) As used in this section, "state agency" also includes institutions of higher education. "State agency" does not include the department of treasury, the Tennessee financial literacy commission, the Tennessee consolidated retirement system, or any office of a constitutional officer of this state.
(b) Prior to the procurement of a contract for services between a state agency and a private party in excess of two and one-half million dollars ($2,500,000) and that results in the layoff or furlough of one (1) or more state employees, the state agency shall produce an economic impact statement using professionally accepted methodologies. The economic impact statement must include the information identified in § 4-33-104(b) .
(c) An economic impact statement produced under subsection (b) must be submitted to the fiscal review committee for dissemination to the members of the general assembly no less than forty-five (45) days prior to the execution of the contract.
(d) Upon receipt of an economic impact statement under subsection (c), the chair of the fiscal review committee may schedule a hearing to review the economic impact statement.
(e) A state agency notified of a hearing conducted under subsection (d) shall provide the fiscal review committee, upon request, any information reasonably related to the proposed contract that the committee deems relevant; provided, that a state agency is not required to produce privileged information or any record that is not open for public inspection pursuant to state law.
(f) Upon compliance with subsections (b) and (c), nothing in this section prohibits a state agency from executing a proposed contract for services that is subject to this section.
(g) This section applies only to contracts procured on and after March 9, 2018, and does not apply to any contract for services executed on or before March 9, 2018, including, but not limited to, any option for renewal or extension of such contract.
Acts 2018, ch. 544, § 2.
Tenn. Code Ann. § 12-4-401 — TN Code / Title 12 / Chapter 4 / Section 12-4-401
Short title
Status: in_force

This part shall be known and may be cited as the "Prevailing Wage Act for State Highway Construction Projects." Amended by 2013 Tenn. Acts, ch. 280,s 1, eff. 1/1/2014. Acts 1975, ch. 368, § 1; T.C.A., § 12-435.
This part shall be known and may be cited as the "Prevailing Wage Act for State Highway Construction Projects."
Amended by 2013 Tenn. Acts, ch. 280,s 1, eff. 1/1/2014.
Acts 1975, ch. 368, § 1; T.C.A., § 12-435.
Tenn. Code Ann. § 12-10-119 — TN Code / Title 12 / Chapter 10 / Section 12-10-119
Dissolution of authority
Status: in_force

Whenever the board of directors of an authority shall by resolution determine that there has been substantial compliance with the purposes for which the authority was formed and all bonds theretofore issued and all obligations theretofore incurred by the authority have been fully paid, the members of the board shall thereupon execute and file for record in the office of the secretary of state a certificate of dissolution reciting such facts and declaring the authority to be dissolved. Such certificate of dissolution shall be executed under the seal of the authority. Upon the filing of such certificate of dissolution, the authority shall stand dissolved, the title to all funds and properties owned by it at the time of such dissolution shall vest in the municipality with respect to which the authority was organized, and possession of such funds and properties shall forthwith be delivered to such municipality. Acts 1971, ch. 126, § 19; T.C.A., § 12-919.
Whenever the board of directors of an authority shall by resolution determine that there has been substantial compliance with the purposes for which the authority was formed and all bonds theretofore issued and all obligations theretofore incurred by the authority have been fully paid, the members of the board shall thereupon execute and file for record in the office of the secretary of state a certificate of dissolution reciting such facts and declaring the authority to be dissolved. Such certificate of dissolution shall be executed under the seal of the authority. Upon the filing of such certificate of dissolution, the authority shall stand dissolved, the title to all funds and properties owned by it at the time of such dissolution shall vest in the municipality with respect to which the authority was organized, and possession of such funds and properties shall forthwith be delivered to such municipality.
Acts 1971, ch. 126, § 19; T.C.A., § 12-919.
Tenn. Code Ann. § 12-4-119 — TN Code / Title 12 / Chapter 4 / Section 12-4-119
Certification that company not engaged in boycott of Israel
Status: in_force

(a) As used in this section: (1) "Boycott of Israel" means engaging in refusals to deal, terminating business activities, or other commercial actions that are intended to limit commercial relations with Israel, or companies doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel to do business, or persons or entities doing business in Israel, when such actions are taken: (A) In compliance with, or adherence to, calls for a boycott of Israel; or (B) In a manner that discriminates on the basis of nationality, national origin, religion, or other unreasonable basis, and is not based on a valid business reason; (2) "Company" means a for-profit or not-for-profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of those entities or business associations; (3) "Israel" means the State of Israel and Israeli-controlled territories; and (4) "Public entity" means this state or any political subdivision thereof, including all boards, commissions, agencies, institutions, authorities, counties, municipalities, and other bodies politic and corporate of this state, created by or in accordance with state law or rule. (b) A public entity shall not enter into a contract with a company to acquire or dispose of services, supplies, information technology, or construction unless the contract includes a written certification that the company is not currently engaged in, and will not for the duration of the contract engage in, a boycott of Israel. (c) This section does not apply to a contract with a total potential value of less than two hundred fifty thousand dollars ($250,000) or to contractors with less than ten (10) employees. (d) A contract entered into on or after July 1, 2022, that fails to comply with this section is void. (e) The commissioner of finance and administration or the commissioner's designee may promulgate rules to implement this section so long as the rules are consistent with this section and do not create exceptions to it. (f) This section does not diminish or infringe upon a right protected under the constitution of this state or the first amendment to the constitution of the United States. (g) This section must not be construed to conflict with local, state, or federal discrimination laws. Added by 2022 Tenn. Acts, ch. 775, s 1, eff. 7/1/2022.
(a) As used in this section: (1) "Boycott of Israel" means engaging in refusals to deal, terminating business activities, or other commercial actions that are intended to limit commercial relations with Israel, or companies doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel to do business, or persons or entities doing business in Israel, when such actions are taken: (A) In compliance with, or adherence to, calls for a boycott of Israel; or (B) In a manner that discriminates on the basis of nationality, national origin, religion, or other unreasonable basis, and is not based on a valid business reason; (2) "Company" means a for-profit or not-for-profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of those entities or business associations; (3) "Israel" means the State of Israel and Israeli-controlled territories; and (4) "Public entity" means this state or any political subdivision thereof, including all boards, commissions, agencies, institutions, authorities, counties, municipalities, and other bodies politic and corporate of this state, created by or in accordance with state law or rule.
(1) "Boycott of Israel" means engaging in refusals to deal, terminating business activities, or other commercial actions that are intended to limit commercial relations with Israel, or companies doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel to do business, or persons or entities doing business in Israel, when such actions are taken: (A) In compliance with, or adherence to, calls for a boycott of Israel; or (B) In a manner that discriminates on the basis of nationality, national origin, religion, or other unreasonable basis, and is not based on a valid business reason;
(A) In compliance with, or adherence to, calls for a boycott of Israel; or
(B) In a manner that discriminates on the basis of nationality, national origin, religion, or other unreasonable basis, and is not based on a valid business reason;
(2) "Company" means a for-profit or not-for-profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of those entities or business associations;
(3) "Israel" means the State of Israel and Israeli-controlled territories; and
(4) "Public entity" means this state or any political subdivision thereof, including all boards, commissions, agencies, institutions, authorities, counties, municipalities, and other bodies politic and corporate of this state, created by or in accordance with state law or rule.
(b) A public entity shall not enter into a contract with a company to acquire or dispose of services, supplies, information technology, or construction unless the contract includes a written certification that the company is not currently engaged in, and will not for the duration of the contract engage in, a boycott of Israel.
(c) This section does not apply to a contract with a total potential value of less than two hundred fifty thousand dollars ($250,000) or to contractors with less than ten (10) employees.
(d) A contract entered into on or after July 1, 2022, that fails to comply with this section is void.
(e) The commissioner of finance and administration or the commissioner's designee may promulgate rules to implement this section so long as the rules are consistent with this section and do not create exceptions to it.
(f) This section does not diminish or infringe upon a right protected under the constitution of this state or the first amendment to the constitution of the United States.
(g) This section must not be construed to conflict with local, state, or federal discrimination laws.
Added by 2022 Tenn. Acts, ch. 775, s 1, eff. 7/1/2022.
Tenn. Code Ann. § 12-4-413 — TN Code / Title 12 / Chapter 4 / Section 12-4-413
Delegation of administrative responsibilities
Status: in_force

The commission may delegate administrative responsibilities conferred hereunder to the department of labor and workforce development. Acts 1975, ch. 368, § 1; T.C.A., § 12-447; Acts 1999, ch. 520, § 33.
The commission may delegate administrative responsibilities conferred hereunder to the department of labor and workforce development.
Acts 1975, ch. 368, § 1; T.C.A., § 12-447; Acts 1999, ch. 520, § 33.
Tenn. Code Ann. § 12-4-702 — TN Code / Title 12 / Chapter 4 / Section 12-4-702
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Acquire" means to derive a benefit from, whether by lease, grant, expenditure, or otherwise; (2) "Agency" means any entity of the state government, as defined in § 4-5-102 ; (3) "Business" means a business organization in any form, institution, association, profession, occupation or calling of any kind, whether or not conducted for profit; (4) "Property" means anything of value, including, but not limited to, real estate, tangible and intangible personal property, contract rights, choses-in-action and other interests in or claims to wealth, admission or transportation tickets, captured or domestic animals, electric or other power and signatures which purport to create, maintain or extinguish any legal obligation; and (5) "Service" means labor that does not include a tangible commodity. "Service" includes, but is not limited to: labor; professional advice; services provided by health care providers to medicaid recipients upon filing of a properly completed claim form; telephone, cable television and other utility service; accommodations in hotels, restaurants or elsewhere; admissions to exhibits and entertainments; the use of machines designed to be operated by coin or other thing of value; and the use of rented real or personal property. Acts 1985, ch. 57, § 1; 1986, ch. 603, § 1; 1988, ch. 463, § 1.
As used in this part, unless the context otherwise requires:
(1) "Acquire" means to derive a benefit from, whether by lease, grant, expenditure, or otherwise;
(2) "Agency" means any entity of the state government, as defined in § 4-5-102 ;
(3) "Business" means a business organization in any form, institution, association, profession, occupation or calling of any kind, whether or not conducted for profit;
(4) "Property" means anything of value, including, but not limited to, real estate, tangible and intangible personal property, contract rights, choses-in-action and other interests in or claims to wealth, admission or transportation tickets, captured or domestic animals, electric or other power and signatures which purport to create, maintain or extinguish any legal obligation; and
(5) "Service" means labor that does not include a tangible commodity. "Service" includes, but is not limited to: labor; professional advice; services provided by health care providers to medicaid recipients upon filing of a properly completed claim form; telephone, cable television and other utility service; accommodations in hotels, restaurants or elsewhere; admissions to exhibits and entertainments; the use of machines designed to be operated by coin or other thing of value; and the use of rented real or personal property.
Acts 1985, ch. 57, § 1; 1986, ch. 603, § 1; 1988, ch. 463, § 1.
Tenn. Code Ann. § 12-4-105 — TN Code / Title 12 / Chapter 4 / Section 12-4-105
Grand jury investigations
Status: in_force

The judges of the circuit and criminal courts of the state shall give §§ 12-4-103 - 12-4-105 in charges to their respective grand juries, and the grand juries shall have inquisitorial powers to summon witnesses and to inquire into probable violations of those sections. Acts 1953, ch. 160, § 4 (Williams, § 1876.4); T.C.A. (orig. ed.), § 12-405.
The judges of the circuit and criminal courts of the state shall give §§ 12-4-103 - 12-4-105 in charges to their respective grand juries, and the grand juries shall have inquisitorial powers to summon witnesses and to inquire into probable violations of those sections.
Acts 1953, ch. 160, § 4 (Williams, § 1876.4); T.C.A. (orig. ed.), § 12-405.
Tenn. Code Ann. § 12-1-105 — TN Code / Title 12 / Chapter 1 / Section 12-1-105
Payment for federal property
Status: in_force

Payment for any purchases made under §§ 12-1-103 and 12-1-104 shall be made out of any money in the state treasury not otherwise appropriated, and notwithstanding any contrary provision in any other statute. Acts 1945, ch. 168, § 2; C. Supp. 1950, § 1032.2; T.C.A. (orig. ed.), § 12-105.
Payment for any purchases made under §§ 12-1-103 and 12-1-104 shall be made out of any money in the state treasury not otherwise appropriated, and notwithstanding any contrary provision in any other statute.
Acts 1945, ch. 168, § 2; C. Supp. 1950, § 1032.2; T.C.A. (orig. ed.), § 12-105.
Tenn. Code Ann. § 12-7-204 — TN Code / Title 12 / Chapter 7 / Section 12-7-204
County and municipal governments
Status: in_force

The general assembly further urges and encourages all county governments, municipal governments and other local governmental entities to utilize alkaline paper that meets the ANSI Z39.48 standard when such governments print and/or publish public records and documents of enduring value. Acts 1995, ch. 114, § 7.
The general assembly further urges and encourages all county governments, municipal governments and other local governmental entities to utilize alkaline paper that meets the ANSI Z39.48 standard when such governments print and/or publish public records and documents of enduring value.
Acts 1995, ch. 114, § 7.
Tenn. Code Ann. § 12-2-414 — TN Code / Title 12 / Chapter 2 / Section 12-2-414
Rules and regulations
Status: in_force

The promulgation of rules and regulations pursuant to this part shall be in conformity with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 1976, ch. 821, § 14; T.C.A., § 12-248.
The promulgation of rules and regulations pursuant to this part shall be in conformity with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1976, ch. 821, § 14; T.C.A., § 12-248.
Tenn. Code Ann. § 12-4-502 — TN Code / Title 12 / Chapter 4 / Section 12-4-502
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Acceptance" means notification by an authorized officer or employee of the state that the work completed has been in accordance with the terms and conditions of the state contract; (2) "State" means the state of Tennessee; (3) "State construction project" means any construction project for the purpose of erecting, remodeling, altering, repairing, demolishing, or making any additions to any building or buildings, any other type of building and construction work, or any construction project for the purpose of building, rebuilding, locating or relocating or repairing any streets, highways or bridges, wherein any state funds may be appropriated or expended for such building or construction work; (4) "State contract" means any contractual agreement, written or oral, inclusive of plans and specifications incidental thereto, entered into by any person, firm or corporation with the state for the performance of work on a state construction project; and (5) "State contractor" means any person, firm or corporation engaged in a state construction project pursuant to a state contract. Acts 1977, ch. 367, § 2; T.C.A., § 12-452.
As used in this part, unless the context otherwise requires:
(1) "Acceptance" means notification by an authorized officer or employee of the state that the work completed has been in accordance with the terms and conditions of the state contract;
(2) "State" means the state of Tennessee;
(3) "State construction project" means any construction project for the purpose of erecting, remodeling, altering, repairing, demolishing, or making any additions to any building or buildings, any other type of building and construction work, or any construction project for the purpose of building, rebuilding, locating or relocating or repairing any streets, highways or bridges, wherein any state funds may be appropriated or expended for such building or construction work;
(4) "State contract" means any contractual agreement, written or oral, inclusive of plans and specifications incidental thereto, entered into by any person, firm or corporation with the state for the performance of work on a state construction project; and
(5) "State contractor" means any person, firm or corporation engaged in a state construction project pursuant to a state contract.
Acts 1977, ch. 367, § 2; T.C.A., § 12-452.
Tenn. Code Ann. § 12-4-706 — TN Code / Title 12 / Chapter 4 / Section 12-4-706
Applicability of part
Status: in_force

This part is not applicable if an agency's failure to pay timely interest required by § 12-4-704 is the result of a dispute between the agency and the business over the amount due or over compliance with the contract. Acts 1985, ch. 57, § 1.
This part is not applicable if an agency's failure to pay timely interest required by § 12-4-704 is the result of a dispute between the agency and the business over the amount due or over compliance with the contract.
Acts 1985, ch. 57, § 1.
Tenn. Code Ann. § 12-2-401 — TN Code / Title 12 / Chapter 2 / Section 12-2-401
Short title
Status: in_force

This part shall be known and may be cited as the "State Surplus Personal Property Act of 1976." Acts 1976, ch. 821, § 1; T.C.A., § 12-235.
This part shall be known and may be cited as the "State Surplus Personal Property Act of 1976."
Acts 1976, ch. 821, § 1; T.C.A., § 12-235.
Tenn. Code Ann. § 12-1-111 — TN Code / Title 12 / Chapter 1 / Section 12-1-111
Continued validity of agreement between local government and adjoining private property owner for agricultural use of government land upon sale of such land to another local government
Status: in_force

(a) If any real property owned by a local government, where a written agreement was executed allowing adjoining private property owners to utilize the local government's real property for agricultural use when the property was transferred by execution of a quitclaim deed to the local government, is then sold or transferred to another local government or to a state agency, then the written agreement shall continue to be valid. (b) Any local government transferring or selling real property as described in subsection (a) shall give written notice to any affected private property owners thirty (30) days prior to the sale or transfer. (c) If any private property owner is required to cease agricultural use of any real property that is sold or transferred to a state agency pursuant to subsection (a), then the state agency shall be responsible for providing information regarding potential grant funding for fencing and watering livestock and may work with the owner to seek such funding, if such funding is available; provided, that the owner shall be responsible for maintaining any of the resulting improvements. Added by 2015 Tenn. Acts, ch. 496,s 1, eff. 5/20/2015.
(a) If any real property owned by a local government, where a written agreement was executed allowing adjoining private property owners to utilize the local government's real property for agricultural use when the property was transferred by execution of a quitclaim deed to the local government, is then sold or transferred to another local government or to a state agency, then the written agreement shall continue to be valid.
(b) Any local government transferring or selling real property as described in subsection (a) shall give written notice to any affected private property owners thirty (30) days prior to the sale or transfer.
(c) If any private property owner is required to cease agricultural use of any real property that is sold or transferred to a state agency pursuant to subsection (a), then the state agency shall be responsible for providing information regarding potential grant funding for fencing and watering livestock and may work with the owner to seek such funding, if such funding is available; provided, that the owner shall be responsible for maintaining any of the resulting improvements.
Added by 2015 Tenn. Acts, ch. 496,s 1, eff. 5/20/2015.
Tenn. Code Ann. § 12-3-910 — TN Code / Title 12 / Chapter 3 / Section 12-3-910
Cooperation among state and local agencies
Status: in_force

The appropriate state agencies shall cooperate and coordinate their efforts in the development and implementation of energy efficiency standards for procurement policies to the fullest extent possible with the Tennessee municipal league, the municipal technical advisory service, the county technical advisory service, the Tennessee county services association, and any other appropriate state or local agency or group. Added by 2013 Tenn. Acts, ch. 403,s 58, eff. 7/1/2013.
The appropriate state agencies shall cooperate and coordinate their efforts in the development and implementation of energy efficiency standards for procurement policies to the fullest extent possible with the Tennessee municipal league, the municipal technical advisory service, the county technical advisory service, the Tennessee county services association, and any other appropriate state or local agency or group.
Added by 2013 Tenn. Acts, ch. 403,s 58, eff. 7/1/2013.
Tenn. Code Ann. § 12-6-119 — TN Code / Title 12 / Chapter 6 / Section 12-6-119
Electronic general assembly journals
Status: in_force

Copies of the journals of the house of representatives and the senate may be distributed to depository libraries in electronic format rather than in bound volumes. Acts 1999, ch. 150, § 1.
Copies of the journals of the house of representatives and the senate may be distributed to depository libraries in electronic format rather than in bound volumes.
Acts 1999, ch. 150, § 1.
Tenn. Code Ann. § 12-4-120 — TN Code / Title 12 / Chapter 4 / Section 12-4-120
Section definitions - Drones - Prohibited Purchase - Contract termination
Status: in_force

(a) As used in this section: (1) "Agency" means a local agency or law enforcement agency; (2) "Drone" means a powered, aerial vehicle that: (A) Does not carry a human operator and is operated without the possibility of direct human intervention from within or on the aircraft; (B) Uses aerodynamic forces to provide vehicle lift; (C) Can fly autonomously or be piloted remotely; and (D) Can be expendable or recoverable; (3) "Law enforcement agency" means a lawfully established local agency that is responsible for the prevention and detection of crime, local government code enforcement, and the enforcement of penal, traffic, regulatory, game, or controlled substance laws; and (4) "Local agency" means a county, municipality, branch, or agency of a county or municipality, public utility, utility district, or an entity created pursuant to an interlocal agreement. (b) Notwithstanding § 39-13-902 or another law, an agency shall not purchase or acquire a drone, as defined in the federal National Defense Authorization Act of 2019 (Pub. L. No. 115-232), produced by a manufacturer banned under Section 889 of the National Defense Authorization Act of 2019, as amended. (c) A contract or agreement for the purchase or acquisition of a drone in violation of this section is void and unenforceable. Added by 2023 Tenn. Acts, ch. 223, s 3, eff. 7/1/2023.
(a) As used in this section: (1) "Agency" means a local agency or law enforcement agency; (2) "Drone" means a powered, aerial vehicle that: (A) Does not carry a human operator and is operated without the possibility of direct human intervention from within or on the aircraft; (B) Uses aerodynamic forces to provide vehicle lift; (C) Can fly autonomously or be piloted remotely; and (D) Can be expendable or recoverable; (3) "Law enforcement agency" means a lawfully established local agency that is responsible for the prevention and detection of crime, local government code enforcement, and the enforcement of penal, traffic, regulatory, game, or controlled substance laws; and (4) "Local agency" means a county, municipality, branch, or agency of a county or municipality, public utility, utility district, or an entity created pursuant to an interlocal agreement.
(1) "Agency" means a local agency or law enforcement agency;
(2) "Drone" means a powered, aerial vehicle that: (A) Does not carry a human operator and is operated without the possibility of direct human intervention from within or on the aircraft; (B) Uses aerodynamic forces to provide vehicle lift; (C) Can fly autonomously or be piloted remotely; and (D) Can be expendable or recoverable;
(A) Does not carry a human operator and is operated without the possibility of direct human intervention from within or on the aircraft;
(B) Uses aerodynamic forces to provide vehicle lift;
(C) Can fly autonomously or be piloted remotely; and
(D) Can be expendable or recoverable;
(3) "Law enforcement agency" means a lawfully established local agency that is responsible for the prevention and detection of crime, local government code enforcement, and the enforcement of penal, traffic, regulatory, game, or controlled substance laws; and
(4) "Local agency" means a county, municipality, branch, or agency of a county or municipality, public utility, utility district, or an entity created pursuant to an interlocal agreement.
(b) Notwithstanding § 39-13-902 or another law, an agency shall not purchase or acquire a drone, as defined in the federal National Defense Authorization Act of 2019 (Pub. L. No. 115-232), produced by a manufacturer banned under Section 889 of the National Defense Authorization Act of 2019, as amended.
(c) A contract or agreement for the purchase or acquisition of a drone in violation of this section is void and unenforceable.
Added by 2023 Tenn. Acts, ch. 223, s 3, eff. 7/1/2023.
Tenn. Code Ann. § 12-12-101 — TN Code / Title 12 / Chapter 12 / Section 12-12-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Iran Divestment Act." Added by 2016 Tenn. Acts, ch. 817,s 1, eff. 7/1/2016.
This chapter shall be known and may be cited as the "Iran Divestment Act."
Added by 2016 Tenn. Acts, ch. 817,s 1, eff. 7/1/2016.
Tenn. Code Ann. § 12-9-106 — TN Code / Title 12 / Chapter 9 / Section 12-9-106
Approval or disapproval
Status: in_force

In the event that an agreement made pursuant to this chapter shall deal in whole or in part with the provision of services or facilities with regard to which an officer or agency of the state government has constitutional or statutory powers of control, the agreement shall, as a condition precedent to its entry into force, be submitted to the state officer or agency having such power of control and shall be approved or disapproved by such state officer or agency as to all matters within such officer's or agency's jurisdiction. Acts 1967, ch. 350, § 6; T.C.A., § 12-806; Acts 1984, ch. 890, § 3.
In the event that an agreement made pursuant to this chapter shall deal in whole or in part with the provision of services or facilities with regard to which an officer or agency of the state government has constitutional or statutory powers of control, the agreement shall, as a condition precedent to its entry into force, be submitted to the state officer or agency having such power of control and shall be approved or disapproved by such state officer or agency as to all matters within such officer's or agency's jurisdiction.
Acts 1967, ch. 350, § 6; T.C.A., § 12-806; Acts 1984, ch. 890, § 3.
Tenn. Code Ann. § 12-3-807 — TN Code / Title 12 / Chapter 3 / Section 12-3-807
Standard specifications for lubricating motor oil - Authorized purchases - List of businesses distributing re-refined or recycled oil
Status: in_force

(a) Standard specifications adopted for lubricating motor oil for competitive solicitations to be let by the central procurement office, or by the appropriate purchasing agencies for any political subdivision of the state, shall be prescribed to include re-refined or recycled lubricating motor oil. Such specifications may exclude re-refined or recycled lubricating motor oil for circumstances or equipment that require specialized treatment, upon submission of documented evidence to the procurement commission or the appropriate purchasing agency of the political subdivision to substantiate each such claim for exclusion. (b) Standard specifications adopted for lubricating motor oil for competitive solicitations to be let by any state agency or by any political subdivision of the state, shall be prescribed to include re-refined or recycled lubricating motor oil. Such specifications may exclude re-refined or recycled lubricating motor oil for circumstances or equipment that require specialized treatment, upon submission of documented evidence to the appropriate departmental, institutional or agency head to substantiate each such claim for exclusion. The requirements of this section shall not be construed to prohibit such state agency from purchasing and contracting for the purchase of such re-refined or recycled lubricating motor oil through the central procurement office or through the appropriate local purchasing agency. (c) Any nonprofit corporation receiving funding from the state or contracting with any department, institution, or agency of state government or political subdivision of the state to provide services to the public, shall be authorized to purchase and contract for the purchase of such re-refined or recycled lubricating motor oil as provided in this section through the central procurement office under this chapter or through the appropriate local purchasing agency. (d) (1) The central procurement office shall compile and publish a list of business entities that commercially distribute re-refined or recycled lubricating motor oil that complies with the standard specifications adopted by the central procurement office pursuant to this section. The central procurement office shall make such list available to the various entities and political subdivisions of state government. The central procurement office shall mail such list to the chief executive of each county and each municipality. (2) Prior to accepting competitive responses for a contract concerning lubricating motor oil, a county or municipality shall notify each business entity on the central procurement office's list of relevant facts concerning such proposed contract. Amended by 2013 Tenn. Acts, ch. 403,s 47, eff. 7/1/2013. Acts 1980, ch. 888, § 9; T.C.A., § 12-3-607 ; Acts 1988, ch. 818, § 7; 2004, ch. 569, § 1; 2010, ch. 1098, § 2; 2010, ch. 1140, § 7; 2011, ch. 295, § 5.
(a) Standard specifications adopted for lubricating motor oil for competitive solicitations to be let by the central procurement office, or by the appropriate purchasing agencies for any political subdivision of the state, shall be prescribed to include re-refined or recycled lubricating motor oil. Such specifications may exclude re-refined or recycled lubricating motor oil for circumstances or equipment that require specialized treatment, upon submission of documented evidence to the procurement commission or the appropriate purchasing agency of the political subdivision to substantiate each such claim for exclusion.
(b) Standard specifications adopted for lubricating motor oil for competitive solicitations to be let by any state agency or by any political subdivision of the state, shall be prescribed to include re-refined or recycled lubricating motor oil. Such specifications may exclude re-refined or recycled lubricating motor oil for circumstances or equipment that require specialized treatment, upon submission of documented evidence to the appropriate departmental, institutional or agency head to substantiate each such claim for exclusion. The requirements of this section shall not be construed to prohibit such state agency from purchasing and contracting for the purchase of such re-refined or recycled lubricating motor oil through the central procurement office or through the appropriate local purchasing agency.
(c) Any nonprofit corporation receiving funding from the state or contracting with any department, institution, or agency of state government or political subdivision of the state to provide services to the public, shall be authorized to purchase and contract for the purchase of such re-refined or recycled lubricating motor oil as provided in this section through the central procurement office under this chapter or through the appropriate local purchasing agency.
(d) (1) The central procurement office shall compile and publish a list of business entities that commercially distribute re-refined or recycled lubricating motor oil that complies with the standard specifications adopted by the central procurement office pursuant to this section. The central procurement office shall make such list available to the various entities and political subdivisions of state government. The central procurement office shall mail such list to the chief executive of each county and each municipality. (2) Prior to accepting competitive responses for a contract concerning lubricating motor oil, a county or municipality shall notify each business entity on the central procurement office's list of relevant facts concerning such proposed contract.
(1) The central procurement office shall compile and publish a list of business entities that commercially distribute re-refined or recycled lubricating motor oil that complies with the standard specifications adopted by the central procurement office pursuant to this section. The central procurement office shall make such list available to the various entities and political subdivisions of state government. The central procurement office shall mail such list to the chief executive of each county and each municipality.
(2) Prior to accepting competitive responses for a contract concerning lubricating motor oil, a county or municipality shall notify each business entity on the central procurement office's list of relevant facts concerning such proposed contract.
Amended by 2013 Tenn. Acts, ch. 403,s 47, eff. 7/1/2013.
Acts 1980, ch. 888, § 9; T.C.A., § 12-3-607 ; Acts 1988, ch. 818, § 7; 2004, ch. 569, § 1; 2010, ch. 1098, § 2; 2010, ch. 1140, § 7; 2011, ch. 295, § 5.
Tenn. Code Ann. § 12-2-108 — TN Code / Title 12 / Chapter 2 / Section 12-2-108
Permanent records of commissioner of general services - Deeds - Records of leases
Status: in_force

(a) Upon recordation of the deeds by the secretary of state, the secretary of state shall promptly return the same to the commissioner of general services for safekeeping in the commissioner's office as public records, together with abstracts of title, and certificates of title, covering the property. (b) It is the further duty of the commissioner to keep a permanent record in the commissioner's office of deeds which have come into the commissioner's possession, showing where the property is located, its size, its cost, when acquired, and such other information as the commissioner deems necessary. (c) Upon recordation of leases by the secretary of state, the secretary of state shall promptly return the same to the commissioner for safekeeping in the commissioner's office. Such leases may be disposed of pursuant to guidelines established by the public records commission; however, such leases must be maintained for a period of no less than seven (7) years from the termination date of the lease. Leases which have been in existence for more than twenty (20) years on June 25, 1991, may be disposed of pursuant to such guidelines established by the public records commission. Prior to disposal of all other leases, the leases must be preserved on appropriate electronic or other storage media for the duration specified in § 10-7-303(e) . Amended by 2023 Tenn. Acts, ch. 25, s 2, eff. 3/10/2023. Amended by 2013 Tenn. Acts, ch. 454, s 36, eff. 5/16/2013. Acts 1947, ch. 106, § 4; C. Supp. 1950, § 255.79 (Williams, § 254.22); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 12-208; Acts 1991, ch. 498, §§ 1-3.
(a) Upon recordation of the deeds by the secretary of state, the secretary of state shall promptly return the same to the commissioner of general services for safekeeping in the commissioner's office as public records, together with abstracts of title, and certificates of title, covering the property.
(b) It is the further duty of the commissioner to keep a permanent record in the commissioner's office of deeds which have come into the commissioner's possession, showing where the property is located, its size, its cost, when acquired, and such other information as the commissioner deems necessary.
(c) Upon recordation of leases by the secretary of state, the secretary of state shall promptly return the same to the commissioner for safekeeping in the commissioner's office. Such leases may be disposed of pursuant to guidelines established by the public records commission; however, such leases must be maintained for a period of no less than seven (7) years from the termination date of the lease. Leases which have been in existence for more than twenty (20) years on June 25, 1991, may be disposed of pursuant to such guidelines established by the public records commission. Prior to disposal of all other leases, the leases must be preserved on appropriate electronic or other storage media for the duration specified in § 10-7-303(e) .
Amended by 2023 Tenn. Acts, ch. 25, s 2, eff. 3/10/2023.
Amended by 2013 Tenn. Acts, ch. 454, s 36, eff. 5/16/2013.
Acts 1947, ch. 106, § 4; C. Supp. 1950, § 255.79 (Williams, § 254.22); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 12-208; Acts 1991, ch. 498, §§ 1-3.
Tenn. Code Ann. § 12-3-509 — TN Code / Title 12 / Chapter 3 / Section 12-3-509
Certification by receiving agent as condition of payment
Status: in_force

When any goods or services are received by a state agency, the state agency's receiving agent shall certify electronically or in writing that the goods or services received were equal in quality and quantity to those requisitioned or ordered. The certification shall accompany the voucher directing the payment. The state shall not remit funds in payment of any voucher unless the voucher is accompanied by the certification. Amended by 2013 Tenn. Acts, ch. 403,s 28, eff. 7/1/2013. Acts 2005, ch. 166, § 1; 2010, ch. 1098, § 2; 2011, ch. 295, § 5.
When any goods or services are received by a state agency, the state agency's receiving agent shall certify electronically or in writing that the goods or services received were equal in quality and quantity to those requisitioned or ordered. The certification shall accompany the voucher directing the payment. The state shall not remit funds in payment of any voucher unless the voucher is accompanied by the certification.
Amended by 2013 Tenn. Acts, ch. 403,s 28, eff. 7/1/2013.
Acts 2005, ch. 166, § 1; 2010, ch. 1098, § 2; 2011, ch. 295, § 5.
Tenn. Code Ann. § 12-6-116 — TN Code / Title 12 / Chapter 6 / Section 12-6-116
Copies of acts - Acts on the internet
Status: in_force

The secretary of state is authorized to furnish to any person, firm, or corporation, so requesting in writing, copies of the public acts of the general assembly which are prepared at intervals during and after each legislative session and made available online pending publication of the bound volumes of the public acts of Tennessee, for that session. Notwithstanding any other law, the secretary of state is authorized to fulfill this chapter and § 8-3-104 by publishing the text of the public acts in electronic form by use of the internet. Amended by 2017 Tenn. Acts, ch. 111,Secs.s2, s3 eff. 4/7/2017. Acts 1970, ch. 460, § 1; T.C.A., § 12-616; Acts 1981, ch. 191, § 12; 1990, ch. 1024, § 14; 1994, ch. 622, § 2; 1999, ch. 150, § 2.
The secretary of state is authorized to furnish to any person, firm, or corporation, so requesting in writing, copies of the public acts of the general assembly which are prepared at intervals during and after each legislative session and made available online pending publication of the bound volumes of the public acts of Tennessee, for that session. Notwithstanding any other law, the secretary of state is authorized to fulfill this chapter and § 8-3-104 by publishing the text of the public acts in electronic form by use of the internet.
Amended by 2017 Tenn. Acts, ch. 111,Secs.s2, s3 eff. 4/7/2017.
Acts 1970, ch. 460, § 1; T.C.A., § 12-616; Acts 1981, ch. 191, § 12; 1990, ch. 1024, § 14; 1994, ch. 622, § 2; 1999, ch. 150, § 2.
Tenn. Code Ann. § 12-6-101 — TN Code / Title 12 / Chapter 6 / Section 12-6-101
Chapter definitions
Status: in_force

As used in this chapter: (1) "Non-depository publication" means printed and electronic publications not collected by state depository libraries, including, but not limited to: (A) Ephemeral materials, such as business cards, stationery, invitations, postcards, and flyers; (B) Publications created for state agency internal use, such as handbooks, manuals, conference items of temporary use, instructional items, and agendas; (C) Agency materials not distributed outside of the creating agency, such as working papers, internal newsletters, internal memoranda, and confidential material; and (D) Reprints of federal materials; (2) "Publication" includes any newsletter, stationery, greeting card, report, or printed or electronic material produced in any format for distribution outside the creating department or agency, including those published by facilities not operated by the state; and (3) (A) "State depository publication" includes: (i) The acts and journals of the general assembly, the reports of the supreme court, and such other courts that have their decisions reported by the attorney general and reporter, or that are required to be reported by any act or resolution of the general assembly; (ii) The regularly published reports of officers of this state and any special reports that may from time to time be published by state officers or committees of the general assembly or other committees provided for by law, including, but not limited to: (a) Public and private acts; (b) Court reports and opinions; (c) Rules and regulations; (d) Budget, revenue, and tax report documents; (e) Annual and biennial reports; (f) Vital statistics, court statistics, and census reports; (g) Periodic and special reports; (h) State plans and strategic plans; (i) Tennessee Blue Book; (j) Fact books; (k) Maps; (l) Magazines; (m) External newsletters (those available for public information); and (n) Such other reports or statements published under the authority of the state, or any official thereof; and (B) "State depository publication" does not include non-depository publications. Amended by 2019 Tenn. Acts, ch. 8, s 1, eff. 3/13/2019. Code 1858, § 22 (deriv. Acts 1831, ch. 2, § 9); Shan., §40; Acts 1923, ch. 101, § 2; Code 1932, § 69; T.C.A. (orig. ed.), § 12-601; Acts 1981, ch. 191, § 1; 1984, ch. 798, § 2.
As used in this chapter:
(1) "Non-depository publication" means printed and electronic publications not collected by state depository libraries, including, but not limited to: (A) Ephemeral materials, such as business cards, stationery, invitations, postcards, and flyers; (B) Publications created for state agency internal use, such as handbooks, manuals, conference items of temporary use, instructional items, and agendas; (C) Agency materials not distributed outside of the creating agency, such as working papers, internal newsletters, internal memoranda, and confidential material; and (D) Reprints of federal materials;
(A) Ephemeral materials, such as business cards, stationery, invitations, postcards, and flyers;
(B) Publications created for state agency internal use, such as handbooks, manuals, conference items of temporary use, instructional items, and agendas;
(C) Agency materials not distributed outside of the creating agency, such as working papers, internal newsletters, internal memoranda, and confidential material; and
(D) Reprints of federal materials;
(2) "Publication" includes any newsletter, stationery, greeting card, report, or printed or electronic material produced in any format for distribution outside the creating department or agency, including those published by facilities not operated by the state; and
(3) (A) "State depository publication" includes: (i) The acts and journals of the general assembly, the reports of the supreme court, and such other courts that have their decisions reported by the attorney general and reporter, or that are required to be reported by any act or resolution of the general assembly; (ii) The regularly published reports of officers of this state and any special reports that may from time to time be published by state officers or committees of the general assembly or other committees provided for by law, including, but not limited to: (a) Public and private acts; (b) Court reports and opinions; (c) Rules and regulations; (d) Budget, revenue, and tax report documents; (e) Annual and biennial reports; (f) Vital statistics, court statistics, and census reports; (g) Periodic and special reports; (h) State plans and strategic plans; (i) Tennessee Blue Book; (j) Fact books; (k) Maps; (l) Magazines; (m) External newsletters (those available for public information); and (n) Such other reports or statements published under the authority of the state, or any official thereof; and (B) "State depository publication" does not include non-depository publications.
(A) "State depository publication" includes: (i) The acts and journals of the general assembly, the reports of the supreme court, and such other courts that have their decisions reported by the attorney general and reporter, or that are required to be reported by any act or resolution of the general assembly; (ii) The regularly published reports of officers of this state and any special reports that may from time to time be published by state officers or committees of the general assembly or other committees provided for by law, including, but not limited to: (a) Public and private acts; (b) Court reports and opinions; (c) Rules and regulations; (d) Budget, revenue, and tax report documents; (e) Annual and biennial reports; (f) Vital statistics, court statistics, and census reports; (g) Periodic and special reports; (h) State plans and strategic plans; (i) Tennessee Blue Book; (j) Fact books; (k) Maps; (l) Magazines; (m) External newsletters (those available for public information); and (n) Such other reports or statements published under the authority of the state, or any official thereof; and
(i) The acts and journals of the general assembly, the reports of the supreme court, and such other courts that have their decisions reported by the attorney general and reporter, or that are required to be reported by any act or resolution of the general assembly;
(ii) The regularly published reports of officers of this state and any special reports that may from time to time be published by state officers or committees of the general assembly or other committees provided for by law, including, but not limited to: (a) Public and private acts; (b) Court reports and opinions; (c) Rules and regulations; (d) Budget, revenue, and tax report documents; (e) Annual and biennial reports; (f) Vital statistics, court statistics, and census reports; (g) Periodic and special reports; (h) State plans and strategic plans; (i) Tennessee Blue Book; (j) Fact books; (k) Maps; (l) Magazines; (m) External newsletters (those available for public information); and (n) Such other reports or statements published under the authority of the state, or any official thereof; and
(a) Public and private acts;
(b) Court reports and opinions;
(c) Rules and regulations;
(d) Budget, revenue, and tax report documents;
(e) Annual and biennial reports;
(f) Vital statistics, court statistics, and census reports;
(g) Periodic and special reports;
(h) State plans and strategic plans;
(i) Tennessee Blue Book;
(j) Fact books;
(k) Maps;
(l) Magazines;
(m) External newsletters (those available for public information); and
(n) Such other reports or statements published under the authority of the state, or any official thereof; and
(B) "State depository publication" does not include non-depository publications.
Amended by 2019 Tenn. Acts, ch. 8, s 1, eff. 3/13/2019.
Code 1858, § 22 (deriv. Acts 1831, ch. 2, § 9); Shan., §40; Acts 1923, ch. 101, § 2; Code 1932, § 69; T.C.A. (orig. ed.), § 12-601; Acts 1981, ch. 191, § 1; 1984, ch. 798, § 2.
Tenn. Code Ann. § 12-1-101 — TN Code / Title 12 / Chapter 1 / Section 12-1-101
Acceptance of gifts
Status: in_force

(a) The governor is authorized to accept, on behalf of the state, gifts of real estate or personal property upon such terms and conditions and for such uses and purposes as may be agreed upon by the grantor or donor thereof and the governor. (b) Notwithstanding subsection (a), the commissioner or appointing authority of any executive branch department or agency of state government is authorized to accept, on behalf of their department or agency, gifts of personal property with a value not exceeding five thousand dollars ($5,000). Any gift with a value exceeding five thousand dollars ($5,000) must be accepted by the governor pursuant to subsection (a). (c) Any gift accepted pursuant to subsection (a) or (b) must be reported to the commissioner of finance and administration and to the director of the fiscal review committee within thirty (30) days of acceptance. The commissioner shall maintain a registry of such gifts that is available for public inspection. (d) Nothing in this section shall be construed to limit, diminish, supersede or otherwise alter specific authority of commissioners or appointing authorities to accept and receive gifts or donations that is otherwise granted elsewhere in this code. Acts 1941, ch. 129, § 1; mod. C. Supp. 1950, § 186.1; T.C.A. (orig. ed.), § 12-101; Acts 2005, ch. 32, § 1.
(a) The governor is authorized to accept, on behalf of the state, gifts of real estate or personal property upon such terms and conditions and for such uses and purposes as may be agreed upon by the grantor or donor thereof and the governor.
(b) Notwithstanding subsection (a), the commissioner or appointing authority of any executive branch department or agency of state government is authorized to accept, on behalf of their department or agency, gifts of personal property with a value not exceeding five thousand dollars ($5,000). Any gift with a value exceeding five thousand dollars ($5,000) must be accepted by the governor pursuant to subsection (a).
(c) Any gift accepted pursuant to subsection (a) or (b) must be reported to the commissioner of finance and administration and to the director of the fiscal review committee within thirty (30) days of acceptance. The commissioner shall maintain a registry of such gifts that is available for public inspection.
(d) Nothing in this section shall be construed to limit, diminish, supersede or otherwise alter specific authority of commissioners or appointing authorities to accept and receive gifts or donations that is otherwise granted elsewhere in this code.
Acts 1941, ch. 129, § 1; mod. C. Supp. 1950, § 186.1; T.C.A. (orig. ed.), § 12-101; Acts 2005, ch. 32, § 1.
Tenn. Code Ann. § 12-3-908 — TN Code / Title 12 / Chapter 3 / Section 12-3-908
Action by aggrieved party to void executory contract for purchase of commodities
Status: in_force

(a) Executory contracts for the purchase of commodities by a political subdivision included in this part shall be voidable by the circuit courts upon the bringing of an action by an aggrieved party. (b) The court may void the contract upon the showing by the aggrieved party that: (1) The party is a seller of the commodity; (2) The party is doing business in the state; (3) The commodity to be sold has an energy efficiency rating and life cycle cost lower than the commodity contracted for by the purchaser; (4) The purchaser is a political subdivision, and the standard for the commodity has been adopted for one (1) year by the procurement commission and has not been incorporated or adopted by the political subdivision; and (5) The aggrieved party is ready, willing and able, without any other legal constraints, to sell the commodity to the purchaser. Amended by 2013 Tenn. Acts, ch. 403,s 57, eff. 7/1/2013. Impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; Acts 1971, ch. 425, § 5; T.C.A., §§ 12-346, 12-3-508; Acts 1994, ch. 669, § 7; 2001, ch. 89, § 4; 2007, ch. 168, § 1; 2010, ch. 993, § 2.
(a) Executory contracts for the purchase of commodities by a political subdivision included in this part shall be voidable by the circuit courts upon the bringing of an action by an aggrieved party.
(b) The court may void the contract upon the showing by the aggrieved party that: (1) The party is a seller of the commodity; (2) The party is doing business in the state; (3) The commodity to be sold has an energy efficiency rating and life cycle cost lower than the commodity contracted for by the purchaser; (4) The purchaser is a political subdivision, and the standard for the commodity has been adopted for one (1) year by the procurement commission and has not been incorporated or adopted by the political subdivision; and (5) The aggrieved party is ready, willing and able, without any other legal constraints, to sell the commodity to the purchaser.
(1) The party is a seller of the commodity;
(2) The party is doing business in the state;
(3) The commodity to be sold has an energy efficiency rating and life cycle cost lower than the commodity contracted for by the purchaser;
(4) The purchaser is a political subdivision, and the standard for the commodity has been adopted for one (1) year by the procurement commission and has not been incorporated or adopted by the political subdivision; and
(5) The aggrieved party is ready, willing and able, without any other legal constraints, to sell the commodity to the purchaser.
Amended by 2013 Tenn. Acts, ch. 403,s 57, eff. 7/1/2013.
Impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; Acts 1971, ch. 425, § 5; T.C.A., §§ 12-346, 12-3-508; Acts 1994, ch. 669, § 7; 2001, ch. 89, § 4; 2007, ch. 168, § 1; 2010, ch. 993, § 2.
Tenn. Code Ann. § 12-4-303 — TN Code / Title 12 / Chapter 4 / Section 12-4-303
Eligibility to receive payment
Status: in_force

To be eligible to receive payment, the contracting health care providers shall use uniform statistics and classification of accounts as published by the American Hospital Association for all accounting records, or any other acceptable accounting methods approved by the department of health, in consultation with the comptroller of the treasury and the Tennessee Hospital Association. Acts 1961, ch. 117, § 3; T.C.A., § 12-427; Acts 1984, ch. 787, § 3.
To be eligible to receive payment, the contracting health care providers shall use uniform statistics and classification of accounts as published by the American Hospital Association for all accounting records, or any other acceptable accounting methods approved by the department of health, in consultation with the comptroller of the treasury and the Tennessee Hospital Association.
Acts 1961, ch. 117, § 3; T.C.A., § 12-427; Acts 1984, ch. 787, § 3.
Tenn. Code Ann. § 12-12-110 — TN Code / Title 12 / Chapter 12 / Section 12-12-110
Ineligibility to contract with political subdivision
Status: in_force

A person that is identified on a list created pursuant to § 12-12-106 , as a person engaging in investment activities in Iran as described in § 12-12-105 shall be ineligible to contract with any political subdivision of this state, and any contract entered into with a political subdivision of this state shall be void ab initio. Added by 2016 Tenn. Acts, ch. 817,s 1, eff. 7/1/2016.
A person that is identified on a list created pursuant to § 12-12-106 , as a person engaging in investment activities in Iran as described in § 12-12-105 shall be ineligible to contract with any political subdivision of this state, and any contract entered into with a political subdivision of this state shall be void ab initio.
Added by 2016 Tenn. Acts, ch. 817,s 1, eff. 7/1/2016.
Tenn. Code Ann. § 12-4-403 — TN Code / Title 12 / Chapter 4 / Section 12-4-403
Establishment and payment of prevailing wage
Status: in_force

(a) It is hereby declared to be the policy of this state that the prevailing wage rate be determined by defined standards and that such rate be paid workers on all state highway construction projects. (b) Any highway contractor entering into a state contract for the performance of work on state highway construction projects shall pay not less than the prevailing wage rate for all types and classifications of such work as determined by this part. Amended by 2013 Tenn. Acts, ch. 280,s 3, eff. 1/1/2014. Acts 1975, ch. 368, § 1; T.C.A., § 12-437.
(a) It is hereby declared to be the policy of this state that the prevailing wage rate be determined by defined standards and that such rate be paid workers on all state highway construction projects.
(b) Any highway contractor entering into a state contract for the performance of work on state highway construction projects shall pay not less than the prevailing wage rate for all types and classifications of such work as determined by this part.
Amended by 2013 Tenn. Acts, ch. 280,s 3, eff. 1/1/2014.
Acts 1975, ch. 368, § 1; T.C.A., § 12-437.
Tenn. Code Ann. § 12-2-203 — TN Code / Title 12 / Chapter 2 / Section 12-2-203
Manner of advertisement and sale of confiscated motor vehicles - Storage prior to sale
Status: in_force

(a) Notice of intended disposal by public sale shall be entered by the chief procurement officer in at least one (1) newspaper of general circulation in the county or counties in which disposal is to be made. The advertisement shall contain the manner in which interested parties can obtain information regarding the make, model, condition, and options which may be on the vehicle. Printed public notes shall be posted in at least two (2) public places in the county in which the vehicle was seized and confiscated, and one (1) of the public places shall be the courthouse. The advertisement shall give the date, time and place of the sale, and shall also contain information as to where the vehicle may be inspected prior to such sale. The day of the sale shall be held not less than seven (7) days nor more than fifteen (15) days from the day of the notice in the newspaper, excluding Saturdays, Sundays and holidays. The sale shall be for cash and bids may be submitted in writing to the chief procurement officer at Nashville. (b) Whenever any motor vehicle has been seized and confiscated and is to be disposed of under this part, the chief procurement officer shall determine the place of storage and location of sale. The chief procurement officer is hereby authorized in the chief procurement officer's discretion to appoint or designate some suitable person to hold or conduct the sale as authorized hereunder. The chief procurement officer or such person designated to hold the sale is hereby authorized to reject any and all bids which might be received when, in the chief procurement officer's opinion, the bid received is not commensurate with the fair market value of the vehicle offered for sale, and, in such instances, the vehicle shall be readvertised for sale. (c) The property shall also be circularized to such persons, firms, and car dealers, who have indicated a desire to be notified when any motor vehicles are to be offered for sale. Acts 1959, ch. 303, § 2; impl. am. Acts 1961, ch. 97, § 5; impl. am. Acts 1972, ch. 543, § 7; T.C.A., § 12-221; Acts 1992, ch. 713, §§ 1, 2; 2011, ch. 295, § 9(a), (d).
(a) Notice of intended disposal by public sale shall be entered by the chief procurement officer in at least one (1) newspaper of general circulation in the county or counties in which disposal is to be made. The advertisement shall contain the manner in which interested parties can obtain information regarding the make, model, condition, and options which may be on the vehicle. Printed public notes shall be posted in at least two (2) public places in the county in which the vehicle was seized and confiscated, and one (1) of the public places shall be the courthouse. The advertisement shall give the date, time and place of the sale, and shall also contain information as to where the vehicle may be inspected prior to such sale. The day of the sale shall be held not less than seven (7) days nor more than fifteen (15) days from the day of the notice in the newspaper, excluding Saturdays, Sundays and holidays. The sale shall be for cash and bids may be submitted in writing to the chief procurement officer at Nashville.
(b) Whenever any motor vehicle has been seized and confiscated and is to be disposed of under this part, the chief procurement officer shall determine the place of storage and location of sale. The chief procurement officer is hereby authorized in the chief procurement officer's discretion to appoint or designate some suitable person to hold or conduct the sale as authorized hereunder. The chief procurement officer or such person designated to hold the sale is hereby authorized to reject any and all bids which might be received when, in the chief procurement officer's opinion, the bid received is not commensurate with the fair market value of the vehicle offered for sale, and, in such instances, the vehicle shall be readvertised for sale.
(c) The property shall also be circularized to such persons, firms, and car dealers, who have indicated a desire to be notified when any motor vehicles are to be offered for sale.
Acts 1959, ch. 303, § 2; impl. am. Acts 1961, ch. 97, § 5; impl. am. Acts 1972, ch. 543, § 7; T.C.A., § 12-221; Acts 1992, ch. 713, §§ 1, 2; 2011, ch. 295, § 9(a), (d).
Tenn. Code Ann. § 12-1-202 — TN Code / Title 12 / Chapter 1 / Section 12-1-202
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Government action" does not include: (A) The formal exercise of the power of eminent domain; (B) The forfeiture or seizure of private property by law enforcement agencies as evidence of a crime or for violations of law; (C) Orders issued by a state agency or court of law that result from a violation of law and that are authorized by statute; or (D) The discontinuation of government programs; (2) "Private property" means real property, or improvements to real property, not owned by the federal government or a state agency; and (3) "Unconstitutional taking" or "taking" means the taking of private property by government action such that compensation to the owner of that property is required by either: (A) The fifth or fourteenth amendment to the Constitution of the United States; or (B) The Constitution of Tennessee, Art. 1, § 21. Acts 1994, ch. 924, § 3.
As used in this part, unless the context otherwise requires:
(1) "Government action" does not include: (A) The formal exercise of the power of eminent domain; (B) The forfeiture or seizure of private property by law enforcement agencies as evidence of a crime or for violations of law; (C) Orders issued by a state agency or court of law that result from a violation of law and that are authorized by statute; or (D) The discontinuation of government programs;
(A) The formal exercise of the power of eminent domain;
(B) The forfeiture or seizure of private property by law enforcement agencies as evidence of a crime or for violations of law;
(C) Orders issued by a state agency or court of law that result from a violation of law and that are authorized by statute; or
(D) The discontinuation of government programs;
(2) "Private property" means real property, or improvements to real property, not owned by the federal government or a state agency; and
(3) "Unconstitutional taking" or "taking" means the taking of private property by government action such that compensation to the owner of that property is required by either: (A) The fifth or fourteenth amendment to the Constitution of the United States; or (B) The Constitution of Tennessee, Art. 1, § 21.
(A) The fifth or fourteenth amendment to the Constitution of the United States; or
(B) The Constitution of Tennessee, Art. 1, § 21.
Acts 1994, ch. 924, § 3.
Tenn. Code Ann. § 12-11-102 — TN Code / Title 12 / Chapter 11 / Section 12-11-102
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Contractor" means a governmental entity, corporation, partnership, natural person, or joint venture which is qualified to provide materials and services for use in federal-state programs; (2) "Federal government authorization" means approval in writing, whether in the form of statute, regulation, bulletin, manual, or letter signed by an authorized person, approving certain activities under a federal-state program; (3) "Joint federal-state program" means any program authorized by the statutes and/or regulations of the United States and the state of Tennessee where both governments supervise, authorize, and/or fund a program to provide money, goods, or assistance to residents of the state of Tennessee. A program may be a joint federal-state program even if one (1) government is solely responsible for funding or operating the program; (4) "State" means a state of the United States; (5) "State of Tennessee" includes all agencies of the state of Tennessee listed in title 4, chapter 3; and (6) "United States" means the federal government of the United States or any federal agency as defined under federal law. Acts 1997, ch. 283, § 1.
As used in this chapter, unless the context otherwise requires:
(1) "Contractor" means a governmental entity, corporation, partnership, natural person, or joint venture which is qualified to provide materials and services for use in federal-state programs;
(2) "Federal government authorization" means approval in writing, whether in the form of statute, regulation, bulletin, manual, or letter signed by an authorized person, approving certain activities under a federal-state program;
(3) "Joint federal-state program" means any program authorized by the statutes and/or regulations of the United States and the state of Tennessee where both governments supervise, authorize, and/or fund a program to provide money, goods, or assistance to residents of the state of Tennessee. A program may be a joint federal-state program even if one (1) government is solely responsible for funding or operating the program;
(4) "State" means a state of the United States;
(5) "State of Tennessee" includes all agencies of the state of Tennessee listed in title 4, chapter 3; and
(6) "United States" means the federal government of the United States or any federal agency as defined under federal law.
Acts 1997, ch. 283, § 1.
Tenn. Code Ann. § 12-4-1006 — TN Code / Title 12 / Chapter 4 / Section 12-4-1006
Establishment of policies and procedures for administration of insurance program
Status: in_force

The state treasurer shall establish appropriate policies and procedures governing the administration of the insurance program provided herein, including the allocation of premium and other costs and the payment of losses from the risk management fund created pursuant to § 9-8-109 . Such policies and procedures shall be subject to the approval of the board of claims. Added by 2013 Tenn. Acts, ch. 403,s 82, eff. 7/1/2013.
The state treasurer shall establish appropriate policies and procedures governing the administration of the insurance program provided herein, including the allocation of premium and other costs and the payment of losses from the risk management fund created pursuant to § 9-8-109 . Such policies and procedures shall be subject to the approval of the board of claims.
Added by 2013 Tenn. Acts, ch. 403,s 82, eff. 7/1/2013.
Tenn. Code Ann. § 12-2-209 — TN Code / Title 12 / Chapter 2 / Section 12-2-209
Application of law
Status: in_force

This part is applicable to all motor vehicles seized and confiscated in any county or municipality in this state when the same has been used to store or transport intoxicating beverages in violation of the liquor laws of the state, and this part likewise applies to the seizure and confiscation of intoxicating beverages owned or possessed in violation of the liquor laws of the state, whether the beverages are stamped or unstamped, and this part applies to both wet and dry counties. Acts 1959, ch. 303, § 4; T.C.A., § 12-227.
This part is applicable to all motor vehicles seized and confiscated in any county or municipality in this state when the same has been used to store or transport intoxicating beverages in violation of the liquor laws of the state, and this part likewise applies to the seizure and confiscation of intoxicating beverages owned or possessed in violation of the liquor laws of the state, whether the beverages are stamped or unstamped, and this part applies to both wet and dry counties.
Acts 1959, ch. 303, § 4; T.C.A., § 12-227.
Tenn. Code Ann. § 12-3-504 — TN Code / Title 12 / Chapter 3 / Section 12-3-504
Sole source procurement - Noncompetitive negotiation
Status: in_force

(a) The chief procurement officer may identify goods or services that may not be procured by competitive means because of the existence of a single source of supply. (b) The chief procurement officer must submit to the procurement commission for approval rules, policies, and procedures prescribing the manner in which such procurements may be accomplished, which may include noncompetitive negotiation. (c) Goods or services that may not be procured by competitive means because of the existence of a single source of supply must be purchased in accordance with rules, policies, and procedures approved by the procurement commission. Amended by 2021 Tenn. Acts, ch. 562, s 5, eff. 5/26/2021. Amended by 2013 Tenn. Acts, ch. 403, s 23, eff. 7/1/2013. Acts 1953, ch. 163, § 4 (Williams, § 370.13); impl. am. Acts 1959, ch. 9, § 5; impl. am. Acts 1961, ch. 97, § 5; impl. am. Acts 1972, ch. 543, § 7; Acts 1975, ch. 202, § 1; T.C.A. (orig. ed.), §§ 12-307, 12-3-207; Acts 1981, ch. 332, § 5; 2010 , ch. 1098, § 2; 2011 , ch. 295, §§ 5, 19.
(a) The chief procurement officer may identify goods or services that may not be procured by competitive means because of the existence of a single source of supply.
(b) The chief procurement officer must submit to the procurement commission for approval rules, policies, and procedures prescribing the manner in which such procurements may be accomplished, which may include noncompetitive negotiation.
(c) Goods or services that may not be procured by competitive means because of the existence of a single source of supply must be purchased in accordance with rules, policies, and procedures approved by the procurement commission.
Amended by 2021 Tenn. Acts, ch. 562, s 5, eff. 5/26/2021.
Amended by 2013 Tenn. Acts, ch. 403, s 23, eff. 7/1/2013.
Acts 1953, ch. 163, § 4 (Williams, § 370.13); impl. am. Acts 1959, ch. 9, § 5; impl. am. Acts 1961, ch. 97, § 5; impl. am. Acts 1972, ch. 543, § 7; Acts 1975, ch. 202, § 1; T.C.A. (orig. ed.), §§ 12-307, 12-3-207; Acts 1981, ch. 332, § 5; 2010 , ch. 1098, § 2; 2011 , ch. 295, §§ 5, 19.
Tenn. Code Ann. § 12-10-106 — TN Code / Title 12 / Chapter 10 / Section 12-10-106
Filing and approval of certificate of incorporation
Status: in_force

(a) When executed and acknowledged in conformity with § 12-10-105 , the certificate of incorporation shall be filed with the secretary of state. (b) The secretary of state shall thereupon examine the certificate of incorporation and, if the secretary of state finds that the recitals contained therein are correct, that the requirements of § 12-10-104 have been complied with, and that the name is not identical with or so nearly similar to that of another public building authority already in existence in this state as to lead to confusion and uncertainty, the secretary of state shall approve the certificate of incorporation and record it in an appropriate book or record in the secretary of state's office. (c) When such certificate has been so made, filed and approved, the authority shall constitute a public corporation under the name set out in the certificate of incorporation. Acts 1971, ch. 126, § 6; T.C.A., § 12-906.
(a) When executed and acknowledged in conformity with § 12-10-105 , the certificate of incorporation shall be filed with the secretary of state.
(b) The secretary of state shall thereupon examine the certificate of incorporation and, if the secretary of state finds that the recitals contained therein are correct, that the requirements of § 12-10-104 have been complied with, and that the name is not identical with or so nearly similar to that of another public building authority already in existence in this state as to lead to confusion and uncertainty, the secretary of state shall approve the certificate of incorporation and record it in an appropriate book or record in the secretary of state's office.
(c) When such certificate has been so made, filed and approved, the authority shall constitute a public corporation under the name set out in the certificate of incorporation.
Acts 1971, ch. 126, § 6; T.C.A., § 12-906.
Tenn. Code Ann. § 12-4-412 — TN Code / Title 12 / Chapter 4 / Section 12-4-412
Breach of contract provisions - Actions against highway contractors - Advertising and reletting contract
Status: in_force

The commission or any employee of any highway contractor or subcontractor whose wages are determined pursuant to this part may maintain an action against any highway contractor or subcontractor for the breach of any condition of any performance bond given under this part, and, in case of breach of any provision of such bond, the particular state agency which awarded the contract may advertise the work and relet the contract in the same manner as the original letting. Amended by 2013 Tenn. Acts, ch. 280,s 11, eff. 1/1/2014. Acts 1975, ch. 368, § 1; T.C.A., § 12-446.
The commission or any employee of any highway contractor or subcontractor whose wages are determined pursuant to this part may maintain an action against any highway contractor or subcontractor for the breach of any condition of any performance bond given under this part, and, in case of breach of any provision of such bond, the particular state agency which awarded the contract may advertise the work and relet the contract in the same manner as the original letting.
Amended by 2013 Tenn. Acts, ch. 280,s 11, eff. 1/1/2014.
Acts 1975, ch. 368, § 1; T.C.A., § 12-446.
Tenn. Code Ann. § 12-10-110 — TN Code / Title 12 / Chapter 10 / Section 12-10-110
Acceptance of donations
Status: in_force

(a) For the purpose of aiding and cooperating with an authority, the municipality, with respect to which such authority is created, may assign or loan any of its employees, including its engineering staff and facilities, and may provide necessary office space, equipment, or other facilities for the use of such authority. (b) The governing body of such municipality and the governing body of any municipal corporation entering into a lease of any project or part or parts thereof may make donations of property, real or personal, or cash grants to the authority in such amount or amounts as it may deem proper and appropriate in aiding the authority to effectuate the purpose for its creation. (c) Any municipality with respect to which an authority is created and any municipal corporation entering into a lease with an authority, which owns a fee simple title to real property located within the area of any project, may convey such real property, or any part thereof, to the authority and may include a provision in such conveyance for the reverter of such real property to the transferor at such time as all revenue bonds or other obligations of the authority incident to the real property so conveyed shall have been paid in full, and any authority created pursuant to this chapter is hereby authorized to accept such a conveyance. Acts 1971, ch. 126, § 10; T.C.A., § 12-910.
(a) For the purpose of aiding and cooperating with an authority, the municipality, with respect to which such authority is created, may assign or loan any of its employees, including its engineering staff and facilities, and may provide necessary office space, equipment, or other facilities for the use of such authority.
(b) The governing body of such municipality and the governing body of any municipal corporation entering into a lease of any project or part or parts thereof may make donations of property, real or personal, or cash grants to the authority in such amount or amounts as it may deem proper and appropriate in aiding the authority to effectuate the purpose for its creation.
(c) Any municipality with respect to which an authority is created and any municipal corporation entering into a lease with an authority, which owns a fee simple title to real property located within the area of any project, may convey such real property, or any part thereof, to the authority and may include a provision in such conveyance for the reverter of such real property to the transferor at such time as all revenue bonds or other obligations of the authority incident to the real property so conveyed shall have been paid in full, and any authority created pursuant to this chapter is hereby authorized to accept such a conveyance.
Acts 1971, ch. 126, § 10; T.C.A., § 12-910.
Tenn. Code Ann. § 12-4-203 — TN Code / Title 12 / Chapter 4 / Section 12-4-203
Contractor disclaiming subcontractor's liability
Status: in_force

In the event the contractor who has executed the bond gives notice, in writing, by return receipt registered mail, to any laborer or furnisher of material or to any such immediate or remote subcontractor that such contractor will not be responsible therefor, then such person who thereafter furnishes such material or labor shall not secure advantage of §§ 12-4-201 - 12-4-206, for materials furnished or labor done after the receipt of such notice. Acts 1925, ch. 121, § 1; Shan. Supp., § 3546a4; mod. Code 1932, § 7955; T.C.A. (orig. ed.), § 12-419.
In the event the contractor who has executed the bond gives notice, in writing, by return receipt registered mail, to any laborer or furnisher of material or to any such immediate or remote subcontractor that such contractor will not be responsible therefor, then such person who thereafter furnishes such material or labor shall not secure advantage of §§ 12-4-201 - 12-4-206, for materials furnished or labor done after the receipt of such notice.
Acts 1925, ch. 121, § 1; Shan. Supp., § 3546a4; mod. Code 1932, § 7955; T.C.A. (orig. ed.), § 12-419.
Tenn. Code Ann. § 12-4-109 — TN Code / Title 12 / Chapter 4 / Section 12-4-109
Preplanning of capital investment projects account
Status: in_force

There is hereby established an account to be known as the capital preplanning account, which shall be the funding source for the preplanning of all capital projects undertaken by the departments and agencies of the state. The account shall be reimbursed for the preplanning cost of a capital investment project from the appropriations allocated to that project. Any funds remaining in the account at the end of any fiscal year shall be carried over to the succeeding fiscal year and expended only for the purpose specified in this section. Amended by 2013 Tenn. Acts, ch. 403,s 77, eff. 7/1/2013. Impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; Acts 1976, ch. 601, §§ 3, 5; T.C.A., § 12-450; Acts 1980, ch. 741, § 5; 1980, ch. 845, § 1; 1981, ch. 279, § 1; 1983, ch. 115, § 4; 1988, ch. 696, § 5; 1993, ch. 495, §§ 1, 4; 1998, ch. 785, § 9; 1999, ch. 170, §§ 1, 2; 2000, ch. 924, §§ 6 - 9, 12; 2001, ch. 205, § 1; 2003, ch. 413, § 1; 2004, ch. 630, § 1; 2006, ch. 597, §§ 1, 2; 2007, ch. 114, § 1; 2008, ch. 933, § 1; 2010, ch. 1091, § 1; 2010, ch. 1098, §§ 3, 4; 2011, ch. 295, §§ 5, 13, 19, 21, 22.
There is hereby established an account to be known as the capital preplanning account, which shall be the funding source for the preplanning of all capital projects undertaken by the departments and agencies of the state. The account shall be reimbursed for the preplanning cost of a capital investment project from the appropriations allocated to that project. Any funds remaining in the account at the end of any fiscal year shall be carried over to the succeeding fiscal year and expended only for the purpose specified in this section.
Amended by 2013 Tenn. Acts, ch. 403,s 77, eff. 7/1/2013.
Impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; Acts 1976, ch. 601, §§ 3, 5; T.C.A., § 12-450; Acts 1980, ch. 741, § 5; 1980, ch. 845, § 1; 1981, ch. 279, § 1; 1983, ch. 115, § 4; 1988, ch. 696, § 5; 1993, ch. 495, §§ 1, 4; 1998, ch. 785, § 9; 1999, ch. 170, §§ 1, 2; 2000, ch. 924, §§ 6 - 9, 12; 2001, ch. 205, § 1; 2003, ch. 413, § 1; 2004, ch. 630, § 1; 2006, ch. 597, §§ 1, 2; 2007, ch. 114, § 1; 2008, ch. 933, § 1; 2010, ch. 1091, § 1; 2010, ch. 1098, §§ 3, 4; 2011, ch. 295, §§ 5, 13, 19, 21, 22.
Tenn. Code Ann. § 12-7-101 — TN Code / Title 12 / Chapter 7 / Section 12-7-101
Control of cost and proliferation of publications and reports - Permanent record of publications
Status: in_force

In order to control the cost and proliferation of publications and reports printed by state agencies, the commissioner of general services shall provide a permanent record of publications issued by state government and shall have authority to issue regulations implementing provisions concerning designation in such a manner as to provide for maximum continuity of the publications. Acts 1976, ch. 694, § 1; 1979, ch. 296, § 1; T.C.A., § 12-1001; Acts 1990, ch. 1024, § 1; 2008, ch. 1120, § 2.
In order to control the cost and proliferation of publications and reports printed by state agencies, the commissioner of general services shall provide a permanent record of publications issued by state government and shall have authority to issue regulations implementing provisions concerning designation in such a manner as to provide for maximum continuity of the publications.
Acts 1976, ch. 694, § 1; 1979, ch. 296, § 1; T.C.A., § 12-1001; Acts 1990, ch. 1024, § 1; 2008, ch. 1120, § 2.
Tenn. Code Ann. § 12-2-206 — TN Code / Title 12 / Chapter 2 / Section 12-2-206
Rejection of bids - Readvertisement
Status: in_force

Any and all bids received by the chief procurement officer for any of the property to be sold hereunder may be rejected by the chief procurement officer, and the property may be readvertised for sale when, in the opinion of the chief procurement officer, no bid had been received commensurate with the fair market value of the property offered for sale. Acts 1959, ch. 303, § 2; impl. am. Acts 1961, ch. 97, § 5; T.C.A., § 12-224; Acts 2011, ch. 295, § 9(e).
Any and all bids received by the chief procurement officer for any of the property to be sold hereunder may be rejected by the chief procurement officer, and the property may be readvertised for sale when, in the opinion of the chief procurement officer, no bid had been received commensurate with the fair market value of the property offered for sale.
Acts 1959, ch. 303, § 2; impl. am. Acts 1961, ch. 97, § 5; T.C.A., § 12-224; Acts 2011, ch. 295, § 9(e).
Tenn. Code Ann. § 12-6-113 — TN Code / Title 12 / Chapter 6 / Section 12-6-113
Exchanges by state librarian
Status: in_force

The state librarian and archivist may, from time to time, procure from the general government, any foreign government, or from any state or territory within the United States, the public acts, and law and equity reports of such government, state or territory, by exchanging the public acts or reports of this state. Code 1858, § 38 (deriv. Acts 1843-1844, ch. 135, § 2); impl. am. Priv. Acts 1859-1860, ch. 53, § 2; Acts 1879, ch. 31, §§ 1, 6; Shan., § 55; mod. Code 1932, § 79; impl. am. Acts 1951, ch. 197, §1; T.C.A. (orig. ed.), § 12-613.
The state librarian and archivist may, from time to time, procure from the general government, any foreign government, or from any state or territory within the United States, the public acts, and law and equity reports of such government, state or territory, by exchanging the public acts or reports of this state.
Code 1858, § 38 (deriv. Acts 1843-1844, ch. 135, § 2); impl. am. Priv. Acts 1859-1860, ch. 53, § 2; Acts 1879, ch. 31, §§ 1, 6; Shan., § 55; mod. Code 1932, § 79; impl. am. Acts 1951, ch. 197, §1; T.C.A. (orig. ed.), § 12-613.
Tenn. Code Ann. § 12-2-408 — TN Code / Title 12 / Chapter 2 / Section 12-2-408
Payment - Transfer of possession
Status: in_force

(a) Acceptable payment for property purchased under any method prescribed by this part shall be prescribed by the procurement commission in its rules and regulations. (b) Possession of property shall not pass until the occurrence of such conditions as the procurement commission may prescribe by rules or regulations; provided, that where payment is tendered by check or bank draft, transfer of possession shall be withheld until the check or draft has been honored by the drawee bank. Possession shall pass to political subdivisions of the state and other governmental entities upon receipt, by the state, of purchase vouchers of such political subdivisions and other governmental entities. Titles to motor vehicles sold as surplus property to political subdivisions and other governmental entities shall be closed as to the transferee when the title is passed. (c) Notwithstanding any other provision of the law, rule or regulation promulgated pursuant thereto, possession of property sold to any eligible corporation organized and conducted not-for-profit, whose chartered activities are related to health and/or education in accordance with the Official Compilation, Rules and Regulations of the State of Tennessee, rule 0690-2-1-.14 as promulgated by the procurement commission, shall not pass until payment is made to the state by an authorized signature on an authorized purchase order or check from such institution or by cash, cashier's check or certified check. (d) Notwithstanding any provision of this part to the contrary, acceptable payment for property purchased under any method prescribed by this part shall include payment by credit card. Acts 1976, ch. 821, § 8; T.C.A., § 12-242; Acts 1983, ch. 244, § 1; 2011 , ch. 295, §§ 9 (a), (i), 19; 2012 , ch. 626, § 6.
(a) Acceptable payment for property purchased under any method prescribed by this part shall be prescribed by the procurement commission in its rules and regulations.
(b) Possession of property shall not pass until the occurrence of such conditions as the procurement commission may prescribe by rules or regulations; provided, that where payment is tendered by check or bank draft, transfer of possession shall be withheld until the check or draft has been honored by the drawee bank. Possession shall pass to political subdivisions of the state and other governmental entities upon receipt, by the state, of purchase vouchers of such political subdivisions and other governmental entities. Titles to motor vehicles sold as surplus property to political subdivisions and other governmental entities shall be closed as to the transferee when the title is passed.
(c) Notwithstanding any other provision of the law, rule or regulation promulgated pursuant thereto, possession of property sold to any eligible corporation organized and conducted not-for-profit, whose chartered activities are related to health and/or education in accordance with the Official Compilation, Rules and Regulations of the State of Tennessee, rule 0690-2-1-.14 as promulgated by the procurement commission, shall not pass until payment is made to the state by an authorized signature on an authorized purchase order or check from such institution or by cash, cashier's check or certified check.
(d) Notwithstanding any provision of this part to the contrary, acceptable payment for property purchased under any method prescribed by this part shall include payment by credit card.
Acts 1976, ch. 821, § 8; T.C.A., § 12-242; Acts 1983, ch. 244, § 1; 2011 , ch. 295, §§ 9 (a), (i), 19; 2012 , ch. 626, § 6.
Tenn. Code Ann. § 12-2-121 — TN Code / Title 12 / Chapter 2 / Section 12-2-121
Disposition of proceeds from the sale and conveyance of surplus real property or improvements used for state armories or other operations of the department of military
Status: in_force

Notwithstanding any law to the contrary, proceeds from the sale and conveyance of surplus real property or improvements used for state armories or other operations of the department of military, if not managed as state office buildings and support facilities revolving fund property, shall be deposited in a reserve for military facilities, which hereby is created in the general fund, to be used for capital outlay for replacement facilities of the department and other capital outlay of the department. Added by 2013 Tenn. Acts, ch. 454,s 9, eff. 5/16/2013.
Notwithstanding any law to the contrary, proceeds from the sale and conveyance of surplus real property or improvements used for state armories or other operations of the department of military, if not managed as state office buildings and support facilities revolving fund property, shall be deposited in a reserve for military facilities, which hereby is created in the general fund, to be used for capital outlay for replacement facilities of the department and other capital outlay of the department.
Added by 2013 Tenn. Acts, ch. 454,s 9, eff. 5/16/2013.
Tenn. Code Ann. § 12-3-501 — TN Code / Title 12 / Chapter 3 / Section 12-3-501
Award of contracts by competitive sealed solicitations
Status: in_force

Unless otherwise authorized by law, state contracts shall be awarded by competitive sealed solicitations by the central procurement office in the manner set forth in § 12-3-502 , except as provided in § 12-3-401 and §§ 12-3-503 - 12-3-508. Amended by 2013 Tenn. Acts, ch. 403,s 20, eff. 7/1/2013. Acts 1953, ch. 163, § 4 (Williams, § 370.13); modified; impl. am. Acts 1959, ch. 9, § 5; impl. am. Acts 1961, ch. 97, § 5; impl. am. Acts 1972, ch. 543, § 7; T.C.A. (orig. ed.), §§ 12-304, 12-3-204; Acts 1981, ch. 332, § 2; 2010, ch. 1098, § 2; 2011, ch. 295, §§ 5, 19.
Unless otherwise authorized by law, state contracts shall be awarded by competitive sealed solicitations by the central procurement office in the manner set forth in § 12-3-502 , except as provided in § 12-3-401 and §§ 12-3-503 - 12-3-508.
Amended by 2013 Tenn. Acts, ch. 403,s 20, eff. 7/1/2013.
Acts 1953, ch. 163, § 4 (Williams, § 370.13); modified; impl. am. Acts 1959, ch. 9, § 5; impl. am. Acts 1961, ch. 97, § 5; impl. am. Acts 1972, ch. 543, § 7; T.C.A. (orig. ed.), §§ 12-304, 12-3-204; Acts 1981, ch. 332, § 2; 2010, ch. 1098, § 2; 2011, ch. 295, §§ 5, 19.
Tenn. Code Ann. § 12-2-110 — TN Code / Title 12 / Chapter 2 / Section 12-2-110
Provisions in pari materia
Status: in_force

Sections 12-2-103 - 12-2-111 shall be read in pari materia with § 12-2-102 , except insofar as those sections are expressly in conflict therewith, and, in the event of such conflict, §§ 12-2-103 - 12-2-111 shall prevail. Acts 1947, ch. 106, § 11; mod. C. Supp. 1950, § 255.86 (Williams, § 254.29); T.C.A. (orig. ed.), § 12-210.
Sections 12-2-103 - 12-2-111 shall be read in pari materia with § 12-2-102 , except insofar as those sections are expressly in conflict therewith, and, in the event of such conflict, §§ 12-2-103 - 12-2-111 shall prevail.
Acts 1947, ch. 106, § 11; mod. C. Supp. 1950, § 255.86 (Williams, § 254.29); T.C.A. (orig. ed.), § 12-210.
Tenn. Code Ann. § 12-6-111 — TN Code / Title 12 / Chapter 6 / Section 12-6-111
Exchange copies for university
Status: in_force

Upon request by the University of Tennessee, the person in charge of the making of such publications or the issuance of such documents shall furnish the university up to thirty (30) copies of each publication or document. Acts 1935, ch. 181, § 3; C. Supp. 1950, § 2284; T.C.A. (orig. ed.), § 12-611; Acts 1981, ch. 191, § 10.
Upon request by the University of Tennessee, the person in charge of the making of such publications or the issuance of such documents shall furnish the university up to thirty (30) copies of each publication or document.
Acts 1935, ch. 181, § 3; C. Supp. 1950, § 2284; T.C.A. (orig. ed.), § 12-611; Acts 1981, ch. 191, § 10.
Tenn. Code Ann. § 12-3-808 — TN Code / Title 12 / Chapter 3 / Section 12-3-808
Specifications for purchases of chemical products
Status: in_force

(a) Specifications for purchases of chemical products pursuant to this chapter shall require that the manufacturer of the chemical products create and maintain a material safety data sheet (MSDS) for such chemical products on the national MSDSSEARCH repository or the manufacturer's website so that the information can be accessed by means of the internet. A site operated by or on behalf of the manufacturer or a relevant trade association is acceptable so long as the information is freely accessible to the public. In lieu of posting a MSDS on MSDSSEARCH, a respondent shall include the manufacturer's universal resource locator (URL) for their MSDS in the response proposal or purchase order. (b) The chief procurement officer shall post on the chief procurement officer's website the URL for MSDSSEARCH. Amended by 2013 Tenn. Acts, ch. 403,s 48, eff. 7/1/2013. Acts 1980, ch. 888, § 10; T.C.A., § 12-3-608 ; Acts 1988, ch. 818, § 8; 1994, ch. 981, § 5; 2004, ch. 569, § 1; 2010, ch. 1098, § 2; 2010, ch. 1140, § 8; 2011, ch. 295, § 5.
(a) Specifications for purchases of chemical products pursuant to this chapter shall require that the manufacturer of the chemical products create and maintain a material safety data sheet (MSDS) for such chemical products on the national MSDSSEARCH repository or the manufacturer's website so that the information can be accessed by means of the internet. A site operated by or on behalf of the manufacturer or a relevant trade association is acceptable so long as the information is freely accessible to the public. In lieu of posting a MSDS on MSDSSEARCH, a respondent shall include the manufacturer's universal resource locator (URL) for their MSDS in the response proposal or purchase order.
(b) The chief procurement officer shall post on the chief procurement officer's website the URL for MSDSSEARCH.
Amended by 2013 Tenn. Acts, ch. 403,s 48, eff. 7/1/2013.
Acts 1980, ch. 888, § 10; T.C.A., § 12-3-608 ; Acts 1988, ch. 818, § 8; 1994, ch. 981, § 5; 2004, ch. 569, § 1; 2010, ch. 1098, § 2; 2010, ch. 1140, § 8; 2011, ch. 295, § 5.
Tenn. Code Ann. § 12-10-104 — TN Code / Title 12 / Chapter 10 / Section 12-10-104
Application to governing body for approval of incorporation
Status: in_force

Whenever any number of natural persons, not less than three (3), each of whom shall be a duly qualified elector of the county or of the incorporated city or town or each of whom shall be a current customer of the utility district, shall file with the governing body thereof an application in writing seeking permission to apply for the incorporation of a public building authority of the municipality, the governing body shall proceed to consider the application. If the governing body shall, by appropriate resolution duly adopted, find and determine that it is wise, expedient, necessary or advisable that the authority be formed, and shall authorize the persons making such application to proceed to form such authority and shall approve the form of certificates of incorporation proposed to be used in organizing the authority, then the persons making such application shall execute, acknowledge and file a certificate of incorporation for the authority as hereinafter provided. No authority may be formed unless such application shall have first been filed with the governing body of the municipality and the governing body shall have adopted a resolution as provided in this section. Acts 1971, ch. 126, § 4; T.C.A., §12-904; Acts 2008 , ch. 720, § 2.
Whenever any number of natural persons, not less than three (3), each of whom shall be a duly qualified elector of the county or of the incorporated city or town or each of whom shall be a current customer of the utility district, shall file with the governing body thereof an application in writing seeking permission to apply for the incorporation of a public building authority of the municipality, the governing body shall proceed to consider the application. If the governing body shall, by appropriate resolution duly adopted, find and determine that it is wise, expedient, necessary or advisable that the authority be formed, and shall authorize the persons making such application to proceed to form such authority and shall approve the form of certificates of incorporation proposed to be used in organizing the authority, then the persons making such application shall execute, acknowledge and file a certificate of incorporation for the authority as hereinafter provided. No authority may be formed unless such application shall have first been filed with the governing body of the municipality and the governing body shall have adopted a resolution as provided in this section.
Acts 1971, ch. 126, § 4; T.C.A., §12-904; Acts 2008 , ch. 720, § 2.
Tenn. Code Ann. § 12-3-903 — TN Code / Title 12 / Chapter 3 / Section 12-3-903
Policy of state
Status: in_force

It is hereby declared to be the policy of the state and its political subdivisions to use the life cycle costs of commodities as developed and disseminated by the federal government when purchased by the state or its political subdivisions where feasible as provided in this part. Amended by 2013 Tenn. Acts, ch. 403,s 52, eff. 7/1/2013. Acts 1970, ch. 567, § 3; T.C.A., §§ 12-341, 12-3-503.
It is hereby declared to be the policy of the state and its political subdivisions to use the life cycle costs of commodities as developed and disseminated by the federal government when purchased by the state or its political subdivisions where feasible as provided in this part.
Amended by 2013 Tenn. Acts, ch. 403,s 52, eff. 7/1/2013.
Acts 1970, ch. 567, § 3; T.C.A., §§ 12-341, 12-3-503.
Tenn. Code Ann. § 12-4-205 — TN Code / Title 12 / Chapter 4 / Section 12-4-205
Notice of claim
Status: in_force

Such furnisher of labor or material, or such laborer, to secure the advantage of §§ 12-4-201 - 12-4-206, shall, after such labor or material is furnished, or such labor is done, and within ninety (90) days after the completion of such public work, give written notice by return receipt certified mail, or by personal delivery, either to the contractor who executed the bond, or to the public official who had charge of the letting or awarding of the contract; such written notice to set forth the nature, an itemized account of the material furnished or labor done, and the balance due therefor; and a description of the property improved. In the case of public work undertaken by a municipality, or any of its commissions, notice, or statement herein required, so mailed or delivered to the mayor thereof, shall be deemed sufficient. In the case of public work by any county or any of its commissions, notice or statement herein required, so mailed, or delivered to the county mayor of such county, shall be deemed sufficient. In the case of public work by the state, or any of its commissions, notice and statement herein required, so mailed, or delivered to the governor, shall be deemed sufficient. Acts 1925, ch. 121, § 4; Shan. Supp., § 3546a7; mod. Code 1932, § 7956; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 12-421; Acts 2003, ch. 90, § 2; 2004, ch. 542, § 1.
Such furnisher of labor or material, or such laborer, to secure the advantage of §§ 12-4-201 - 12-4-206, shall, after such labor or material is furnished, or such labor is done, and within ninety (90) days after the completion of such public work, give written notice by return receipt certified mail, or by personal delivery, either to the contractor who executed the bond, or to the public official who had charge of the letting or awarding of the contract; such written notice to set forth the nature, an itemized account of the material furnished or labor done, and the balance due therefor; and a description of the property improved. In the case of public work undertaken by a municipality, or any of its commissions, notice, or statement herein required, so mailed or delivered to the mayor thereof, shall be deemed sufficient. In the case of public work by any county or any of its commissions, notice or statement herein required, so mailed, or delivered to the county mayor of such county, shall be deemed sufficient. In the case of public work by the state, or any of its commissions, notice and statement herein required, so mailed, or delivered to the governor, shall be deemed sufficient.
Acts 1925, ch. 121, § 4; Shan. Supp., § 3546a7; mod. Code 1932, § 7956; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 12-421; Acts 2003, ch. 90, § 2; 2004, ch. 542, § 1.
Tenn. Code Ann. § 12-10-114 — TN Code / Title 12 / Chapter 10 / Section 12-10-114
Nonliability of municipality
Status: in_force

(a) The municipality shall not in any event be liable for the payment of the principal of or interest on any bonds of the authority or for the performance of any pledge, mortgage, obligation or agreement of any kind whatsoever which may be undertaken by the authority, and none of the bonds of the authority or any of its agreements or obligations shall be construed to constitute an indebtedness of the municipality within the meaning of any constitutional or statutory provision whatsoever. (b) Notwithstanding subsection (a), a municipality may, by a written indemnity agreement, agree to indemnify an authority and its directors, officers and employees against losses, claims, expenses, costs, obligations, debts, suits, demands, actions and liabilities, including those arising from the authority's negligence, which are asserted against the authority, or its directors, officers or employees in connection with any project undertaken by the authority, and such indemnity agreement shall be enforceable against the municipality in accordance with its terms, including any such indemnity agreement in effect on May 7, 1998. Acts 1971, ch. 126, § 14; T.C.A., § 12-914; Acts 1998, ch. 904, § 1.
(a) The municipality shall not in any event be liable for the payment of the principal of or interest on any bonds of the authority or for the performance of any pledge, mortgage, obligation or agreement of any kind whatsoever which may be undertaken by the authority, and none of the bonds of the authority or any of its agreements or obligations shall be construed to constitute an indebtedness of the municipality within the meaning of any constitutional or statutory provision whatsoever.
(b) Notwithstanding subsection (a), a municipality may, by a written indemnity agreement, agree to indemnify an authority and its directors, officers and employees against losses, claims, expenses, costs, obligations, debts, suits, demands, actions and liabilities, including those arising from the authority's negligence, which are asserted against the authority, or its directors, officers or employees in connection with any project undertaken by the authority, and such indemnity agreement shall be enforceable against the municipality in accordance with its terms, including any such indemnity agreement in effect on May 7, 1998.
Acts 1971, ch. 126, § 14; T.C.A., § 12-914; Acts 1998, ch. 904, § 1.
Tenn. Code Ann. § 12-4-102 — TN Code / Title 12 / Chapter 4 / Section 12-4-102
Penalty for unlawful interest
Status: in_force

Should any person, acting as such officer, committee member, director, or other person referred to in § 12-4-101 , be or become directly or unlawfully indirectly interested in any such contract, such person shall forfeit all pay and compensation therefor. Such officer shall be dismissed from such office the officer then occupies, and be ineligible for the same or a similar position for ten (10) years. Acts 1869-1870, ch. 92, §§ 2, 3; Shan., §§ 1134, 1135; Code 1932, §§ 1875, 1876; T.C.A. (orig. ed.), § 12-402; Acts 1983, ch. 388, § 5.
Should any person, acting as such officer, committee member, director, or other person referred to in § 12-4-101 , be or become directly or unlawfully indirectly interested in any such contract, such person shall forfeit all pay and compensation therefor. Such officer shall be dismissed from such office the officer then occupies, and be ineligible for the same or a similar position for ten (10) years.
Acts 1869-1870, ch. 92, §§ 2, 3; Shan., §§ 1134, 1135; Code 1932, §§ 1875, 1876; T.C.A. (orig. ed.), § 12-402; Acts 1983, ch. 388, § 5.
Tenn. Code Ann. § 12-2-204 — TN Code / Title 12 / Chapter 2 / Section 12-2-204
Manner of advertisement and sale of confiscated intoxicating beverages
Status: in_force

(a) In connection with the advertisement concerning the sale of intoxicating beverages, the advertisement shall contain the manner in which interested parties can obtain information regarding the description of the beverages to be sold, the number of bottles, the size of bottles, and the brand name or names. The advertisement shall likewise contain the time and place of the sale and such a sale for intoxicating beverages shall only be held in a wet county. (b) The advertisement shall be for a period of not less than ten (10) days, excluding Saturdays, Sundays and holidays, by printed public notices posted in at least two (2) public places in the county where the beverages are to be sold and one (1) of the places shall include the courthouse. In addition thereto, a copy of the notice of sale shall be circularized and mailed to at least twenty-five percent (25%) of the licensed retail liquor dealers in the city and county in which the sale is to be held. All persons submitting a bid for the intoxicating beverages shall be licensed to sell such intoxicating beverages in this state, and all bids received shall be in writing and the terms of the sale shall be cash. Acts 1959, ch. 303, § 2; T.C.A., § 12-222; Acts 1992, ch. 713, § 3.
(a) In connection with the advertisement concerning the sale of intoxicating beverages, the advertisement shall contain the manner in which interested parties can obtain information regarding the description of the beverages to be sold, the number of bottles, the size of bottles, and the brand name or names. The advertisement shall likewise contain the time and place of the sale and such a sale for intoxicating beverages shall only be held in a wet county.
(b) The advertisement shall be for a period of not less than ten (10) days, excluding Saturdays, Sundays and holidays, by printed public notices posted in at least two (2) public places in the county where the beverages are to be sold and one (1) of the places shall include the courthouse. In addition thereto, a copy of the notice of sale shall be circularized and mailed to at least twenty-five percent (25%) of the licensed retail liquor dealers in the city and county in which the sale is to be held. All persons submitting a bid for the intoxicating beverages shall be licensed to sell such intoxicating beverages in this state, and all bids received shall be in writing and the terms of the sale shall be cash.
Acts 1959, ch. 303, § 2; T.C.A., § 12-222; Acts 1992, ch. 713, § 3.
Tenn. Code Ann. § 12-2-202 — TN Code / Title 12 / Chapter 2 / Section 12-2-202
Public sale and advertisement
Status: in_force

(a) Whenever any of such property as motor vehicles and intoxicating beverages has finally been forfeited to the state, or turned over to the state for sale and disposal, without further proceedings, and no court or other competent authority has ordered the property to be returned to the claimant, the chief procurement officer is hereby directed and authorized to proceed to sell the property at public sale for cash in conformity with this part. (b) In connection with the sale of such property, the chief procurement officer shall fully advertise the property to be sold in the manner provided in the following sections. (c) Notwithstanding any law to the contrary, including, but not limited to, provisions related to the manner of advertisement, the chief procurement officer is authorized to dispose of, by advertising on the internet and selling by internet auction, confiscated intoxicating beverages, confiscated motor vehicles and any other lawfully confiscated property. Acts 1959, ch. 303, § 2; impl. am. Acts 1961, ch. 97, § 5; impl. am. Acts 1972, ch. 543, § 7; T.C.A., § 12-220; Acts 2008, ch. 882, § 1; 2011, ch. 295, § 9(a), (c).
(a) Whenever any of such property as motor vehicles and intoxicating beverages has finally been forfeited to the state, or turned over to the state for sale and disposal, without further proceedings, and no court or other competent authority has ordered the property to be returned to the claimant, the chief procurement officer is hereby directed and authorized to proceed to sell the property at public sale for cash in conformity with this part.
(b) In connection with the sale of such property, the chief procurement officer shall fully advertise the property to be sold in the manner provided in the following sections.
(c) Notwithstanding any law to the contrary, including, but not limited to, provisions related to the manner of advertisement, the chief procurement officer is authorized to dispose of, by advertising on the internet and selling by internet auction, confiscated intoxicating beverages, confiscated motor vehicles and any other lawfully confiscated property.
Acts 1959, ch. 303, § 2; impl. am. Acts 1961, ch. 97, § 5; impl. am. Acts 1972, ch. 543, § 7; T.C.A., § 12-220; Acts 2008, ch. 882, § 1; 2011, ch. 295, § 9(a), (c).
Tenn. Code Ann. § 12-6-117 — TN Code / Title 12 / Chapter 6 / Section 12-6-117
Certain resolutions not to be printed or distributed - Distribution to state library and archives and legislative reference and law library
Status: in_force

(a) Notwithstanding any law to the contrary, resolutions of the general assembly that honor or commend individuals or groups or that express sympathy or condolences upon the death of an individual shall not be printed in the Acts of Tennessee, nor shall such resolutions be distributed in accordance with this chapter, unless the secretary of state, in consultation with the speaker of the senate and speaker of the house of representatives, determines that the resolution requires printing due to the prominence of or contributions made by such person or group. The secretary of state shall publish all resolutions in electronic form by use of the internet. (b) The secretary of state shall deliver one (1) copy of all resolutions that are not printed pursuant to this section to the state library and archives and to the legislative reference and law library. Amended by 2017 Tenn. Acts, ch. 111,Secs.s4, s5 eff. 4/7/2017. Acts 1981, ch. 109, § 3.
(a) Notwithstanding any law to the contrary, resolutions of the general assembly that honor or commend individuals or groups or that express sympathy or condolences upon the death of an individual shall not be printed in the Acts of Tennessee, nor shall such resolutions be distributed in accordance with this chapter, unless the secretary of state, in consultation with the speaker of the senate and speaker of the house of representatives, determines that the resolution requires printing due to the prominence of or contributions made by such person or group. The secretary of state shall publish all resolutions in electronic form by use of the internet.
(b) The secretary of state shall deliver one (1) copy of all resolutions that are not printed pursuant to this section to the state library and archives and to the legislative reference and law library.
Amended by 2017 Tenn. Acts, ch. 111,Secs.s4, s5 eff. 4/7/2017.
Acts 1981, ch. 109, § 3.
Tenn. Code Ann. § 12-2-101 — TN Code / Title 12 / Chapter 2 / Section 12-2-101
Development of natural resources
Status: in_force

The governor is empowered to develop the natural resources of any and all property owned by the state. In order to carry out the provision of this section, the governor may use any of the resources, facilities, and activities of any department of the state. The governor may enter into contracts for the state with any person to do the necessary work that may be required, and if necessary, may lease any of the property at a reasonable rental or royalty in order that any of the mineral and oil resources may be properly developed. Acts 1919, ch. 191, §§ 1, 2; Shan. Supp., §§ 241a2, 241a3; Code 1932, §§ 185, 186; T.C.A. (orig. ed.), § 12-201.
The governor is empowered to develop the natural resources of any and all property owned by the state. In order to carry out the provision of this section, the governor may use any of the resources, facilities, and activities of any department of the state. The governor may enter into contracts for the state with any person to do the necessary work that may be required, and if necessary, may lease any of the property at a reasonable rental or royalty in order that any of the mineral and oil resources may be properly developed.
Acts 1919, ch. 191, §§ 1, 2; Shan. Supp., §§ 241a2, 241a3; Code 1932, §§ 185, 186; T.C.A. (orig. ed.), § 12-201.
Tenn. Code Ann. § 12-3-909 — TN Code / Title 12 / Chapter 3 / Section 12-3-909
Assistance in development of energy efficiency standards
Status: in_force

The chief procurement officer shall provide technical assistance to aid in the development or implementation of energy efficiency standards for procurement policies to political subdivisions that request assistance. Added by 2013 Tenn. Acts, ch. 403,s 58, eff. 7/1/2013.
The chief procurement officer shall provide technical assistance to aid in the development or implementation of energy efficiency standards for procurement policies to political subdivisions that request assistance.
Added by 2013 Tenn. Acts, ch. 403,s 58, eff. 7/1/2013.
Tenn. Code Ann. § 12-2-421 — TN Code / Title 12 / Chapter 2 / Section 12-2-421
Purchases of property at public auctions - Reporting
Status: in_force

(a) Notwithstanding the requirements of its charter, or any other law, any municipality or county may purchase at any publicly advertised auction new or secondhand articles or equipment or other materials, supplies, commodities and equipment without public advertisement and competitive bidding. The governing body shall establish written procedures governing purchases at publicly advertised auctions. (b) If a municipality or county purchases any materials, supplies, commodities or equipment at a publicly advertised auction pursuant to subsection (a), then the purchasing official shall report the following information to the governing body of the municipality or county making such purchase: (1) A description of the materials, supplies, commodities or equipment that was purchased; (2) The auction where such items were purchased; (3) The purchase price of such items; and (4) The vendor of such materials, supplies, commodities or equipment. Acts 1994, ch. 795, §§ 1, 2; T.C.A. § 12-3-1006 .
(a) Notwithstanding the requirements of its charter, or any other law, any municipality or county may purchase at any publicly advertised auction new or secondhand articles or equipment or other materials, supplies, commodities and equipment without public advertisement and competitive bidding. The governing body shall establish written procedures governing purchases at publicly advertised auctions.
(b) If a municipality or county purchases any materials, supplies, commodities or equipment at a publicly advertised auction pursuant to subsection (a), then the purchasing official shall report the following information to the governing body of the municipality or county making such purchase: (1) A description of the materials, supplies, commodities or equipment that was purchased; (2) The auction where such items were purchased; (3) The purchase price of such items; and (4) The vendor of such materials, supplies, commodities or equipment.
(1) A description of the materials, supplies, commodities or equipment that was purchased;
(2) The auction where such items were purchased;
(3) The purchase price of such items; and
(4) The vendor of such materials, supplies, commodities or equipment.
Acts 1994, ch. 795, §§ 1, 2; T.C.A. § 12-3-1006 .
Tenn. Code Ann. § 12-3-1214 — TN Code / Title 12 / Chapter 3 / Section 12-3-1214
Bulk purchase of gasoline or diesel fuel - Purchase requirements and procedure when bid limits are exceeded
Status: in_force

(a) Notwithstanding another law to the contrary, when purchasing gasoline or diesel fuel in bulk amounts that would exceed the applicable bid limits, a county, municipality, metropolitan government, utility district, local education agency, or other local governmental entity may instead purchase the products in the open market without public advertisement or competitive bidding; provided, however, such entities shall, whenever possible, obtain at least three (3) documented quotes. The products may also be purchased from the department of general services' contract where available. (b) As used in this section, "gasoline" and "diesel fuel" have the same meaning as defined in § 67-3-103 . Added by 2024 Tenn. Acts, ch. 661,s 1, eff. 4/9/2024.
(a) Notwithstanding another law to the contrary, when purchasing gasoline or diesel fuel in bulk amounts that would exceed the applicable bid limits, a county, municipality, metropolitan government, utility district, local education agency, or other local governmental entity may instead purchase the products in the open market without public advertisement or competitive bidding; provided, however, such entities shall, whenever possible, obtain at least three (3) documented quotes. The products may also be purchased from the department of general services' contract where available.
(b) As used in this section, "gasoline" and "diesel fuel" have the same meaning as defined in § 67-3-103 .
Added by 2024 Tenn. Acts, ch. 661,s 1, eff. 4/9/2024.