reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 3 - INDUSTRIAL DEVELOPMENT LOAN PROGRAM OF 1981 (§§ 4-31-301 — 4-31-308) › Section 4-31-303 - Participation in program

Participation in the program shall be limited to:
(1)
Local governments of less than twenty-five thousand (25,000) population, according to the latest certified census; and
(2)
County governments if the largest community within the county does not exceed fifty thousand (50,000) population, according to the latest certified census, that have unemployment rates that have exceeded the state average for the twelve-month period prior to application, or that have certified per capita income averages that have not exceeded the state average for the twelve-month period prior to application.
Acts 1981, ch. 453, § 3.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 3 - INDUSTRIAL DEVELOPMENT LOAN PROGRAM OF 1981 (§§ 4-31-301 — 4-31-308) › Section 4-31-304 - Loans - Priority

(a)
Loans under this program shall be made only for projects that are designed to stimulate the growth of manufacturing jobs.
(b)
(1)
The first priority for loans shall be projects that are related to an industrial location or expansion.
(2)
Second priority projects shall be those that create the conditions for future industrial growth.
(c)
Eligible projects shall be limited to the following:
(1)
Water and sewerage treatment plants that will serve industrial land;
(2)
Water distribution lines and sewerage collection lines that will serve industrial land;
(3)
The development of industrial land (including ports), with eligible costs to include the following:
(A)
Land purchase (including easements);
(B)
Site preparation;
(C)
Extension of utilities, including, but not limited to, electrical and gas;
(D)
Road access; and
(E)
Environmental monitoring equipment; and
(4)
The construction and renovation of publicly owned industrial buildings.
Acts 1981, ch. 453, § 4.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 3 - INDUSTRIAL DEVELOPMENT LOAN PROGRAM OF 1981 (§§ 4-31-301 — 4-31-308) › Section 4-31-305 - Loans - Maximum amount

In order to ensure that as many communities as possible benefit from the program, individual loans shall not exceed two hundred fifty thousand dollars ($250,000).
Acts 1981, ch. 453, § 5.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 3 - INDUSTRIAL DEVELOPMENT LOAN PROGRAM OF 1981 (§§ 4-31-301 — 4-31-308) › Section 4-31-306 - Rules for administration

The state funding board, in consultation with the Tennessee local development authority and the commissioner of economic and community development, is authorized to promulgate such rules as it deems necessary for the orderly and efficient administration of this part.
Acts 1981, ch. 453, § 6.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 3 - INDUSTRIAL DEVELOPMENT LOAN PROGRAM OF 1981 (§§ 4-31-301 — 4-31-308) › Section 4-31-307 - Loans - Applications

(a)
Counties or municipalities meeting the requirements of §
4-31-303
are authorized to make application to the commissioner of economic and community development for a loan pursuant to this part.
(b)
(1)
The commissioner shall review the application.
(2)
If, after making such review, the commissioner determines that the applicant is eligible under this part, and the rules promulgated by the state funding board pursuant thereto, the commissioner is authorized to present such application to the state funding board with a request to approve a loan pursuant to this part, and the rules of the state funding board promulgated pursuant thereto.
Acts 1981, ch. 453, § 7.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 3 - INDUSTRIAL DEVELOPMENT LOAN PROGRAM OF 1981 (§§ 4-31-301 — 4-31-308) › Section 4-31-308 - Loans - Approval - Fund allocation

The state funding board, in consultation with the authority, is authorized to approve such loan and allocate such funds as may be necessary to meet the requirements stipulated in such loan from moneys appropriated and legally available for such purpose.
Acts 1981, ch. 453, § 8.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 4 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY CAPITAL PROJECTS LOAN ACT OF 1990 (§§ 4-31-401 — 4-31-415) › Section 4-31-401 - Short title

This part shall be known and may be cited as the "Tennessee Local Development Authority Capital Projects Loan Act of 1990."
Acts 1986, ch. 846, § 13; 1990, ch. 885, § 6.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 4 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY CAPITAL PROJECTS LOAN ACT OF 1990 (§§ 4-31-401 — 4-31-415) › Section 4-31-402 - Legislative intent

(a)
The general assembly finds and declares that:
(1)
Financing costs incurred by local governments in connection with capital projects are a significant factor in the ability of the local governments to meet the needs of their communities; and
(2)
To the extent that financing of capital projects can be accomplished less expensively through the pooling together of needs and the use of less costly borrowing techniques, local governments would be better able to provide capital projects, and other essential services for the benefit of their citizens and taxpayers.
(b)
(1)
It is accordingly in furtherance of the interests and welfare of all Tennesseans that the Tennessee local development authority be empowered to issue its revenue bonds and to make the proceeds available for loans to local government units for capital projects, at a cost that is lower than would otherwise be readily obtainable.
(2)
It is intended that the Tennessee local development authority be vested with all powers necessary to accomplish these purposes.
Acts 1986, ch. 846, § 13; 1990, ch. 885, § 7.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 4 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY CAPITAL PROJECTS LOAN ACT OF 1990 (§§ 4-31-401 — 4-31-415) › Section 4-31-403 - "Construction" defined

As used in this part, unless the context otherwise requires, "construction" means the building, reconstruction, creation, replacement, extension, repairing, betterment, improvement, alteration, equipment, extension or acquisition of capital projects, including, but not limited to, the acquisition of land and of rights in land, the engineering, architectural designs, plans, working drawings, specifications, procedures and other action necessary in the construction of such capital projects, and the inspection and supervision of such capital projects.
Acts 1986, ch. 846, § 13; 1990, ch. 885, § 8.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 4 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY CAPITAL PROJECTS LOAN ACT OF 1990 (§§ 4-31-401 — 4-31-415) › Section 4-31-405 - Administration of loans

(a)
The authority shall administer loans made under this part. In so doing, the authority may adopt rules and regulations necessary for the effective administration of this part, including the promulgation of prerequisites that must be fulfilled by the local government unit in order to be eligible for a loan, procedures to be followed in making loan applications to the authority, procedures to be followed in the disbursement of loan funds, and procedures for enforcing agreements entered into by local government units with the authority.
(b)
Any one (1) or more local government units entering into a loan agreement with the authority must state in the loan application, in addition to any requirements established by the authority, if the capital project is a correctional facility, that:
(1)
The plans for the construction of such correctional facility have been submitted to the Tennessee corrections institute for review and comment; and
(2)
The plans for construction of such correctional facility conform to standards established by the Tennessee corrections institute pursuant to §
41-4-140
and title 41, chapter 7, and the Life and Safety Code, as adopted by regulation of the department of commerce and insurance.
(c)
Prior to being placed into use, any project that is a correctional facility financed by the loan agreement must first be inspected, approved and certified by the Tennessee corrections institute pursuant to §
41-4-140
and title 41, chapter 7. Certification must be submitted to the authority within thirty (30) days of receipt by the local government unit.
(d)
If the capital project is a qualified energy conservation project, the local government unit shall first apply to the department of environment and conservation. Any loan agreement for such qualified energy conservation project must be recommended by the commissioner of that department.
Amended by 2016 Tenn. Acts, ch. 743, s 14, eff. 4/7/2016.
Acts 1986, ch. 846, § 13; 1990, ch. 885, §10; 2012 , ch. 957, § 3.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 4 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY CAPITAL PROJECTS LOAN ACT OF 1990 (§§ 4-31-401 — 4-31-415) › Section 4-31-407 - Further agreements and guarantees

The authority has the right to enter into such further agreements with a local government unit and require such further guarantees or securities as it may see fit prior to, or simultaneously with, the issuance of bonds or to refuse to issue bonds until such agreements or securities, in any form that the authority may elect, are agreed to or are obtained.
Acts 1986, ch. 846, § 13.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 4 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY CAPITAL PROJECTS LOAN ACT OF 1990 (§§ 4-31-401 — 4-31-415) › Section 4-31-408 - Preparation and approval of agreements - Approval of funding - Payments subject to audit

(a)
The authority shall prepare, and the attorney general and reporter shall approve, a form of loan agreement to be used to evidence loans made to local government units pursuant to this part.
(b)
All loan agreements entered into pursuant to this part shall be subject to approval by the commissioner of finance and administration as to funding.
(c)
All payments made pursuant to loan agreements shall be made on vouchers approved by the authority, and such payments shall be subject to audit at any time.
Acts 1986, ch. 846, § 13; 1990, ch. 885, § 16.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 4 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY CAPITAL PROJECTS LOAN ACT OF 1990 (§§ 4-31-401 — 4-31-415) › Section 4-31-409 - Allocation of funds - Criteria

In allocating loan funds to local government units, the authority shall give consideration to, and apply, the following standards and criteria:
(1)
The need and desirability for capital projects; and
(2)
The ability of the local government unit to secure borrowed money from other sources and costs thereof.
Acts 1986, ch. 846, § 13; 1990, ch. 885, § 17.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 4 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY CAPITAL PROJECTS LOAN ACT OF 1990 (§§ 4-31-401 — 4-31-415) › Section 4-31-410 - Tax levy to meet payments

In the event the funds pledged shall be insufficient to meet the payments as established by the authority for its loan, the local government unit shall levy a tax on property sufficient to make such payments, which shall be in addition to all other taxes authorized or limited by law.
Acts 1986, ch. 846, § 13; 1990, ch. 885, § 18.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 4 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY CAPITAL PROJECTS LOAN ACT OF 1990 (§§ 4-31-401 — 4-31-415) › Section 4-31-411 - Failure to make payments - Withholding of shared revenues authorized

(a)
In the event any local government unit having entered into a loan agreement fails to remit funds in accordance with the annual repayment schedule established by the authority, the commissioner, within five (5) days of such failure, shall deliver by certified mail a written notice of such failure to the local government unit.
(b)
In the event the local government unit, as the case may be, shall fail to remit the amount set forth in the notice within sixty (60) days of the receipt of the notice, the commissioner shall, without further authorization, withhold such sum or part of such sum from any state-shared taxes that are otherwise apportioned to such local government unit for the benefit of the authority issuing bonds or notes for the purposes referred to in this part.
Acts 1986, ch. 846, § 13.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 4 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY CAPITAL PROJECTS LOAN ACT OF 1990 (§§ 4-31-401 — 4-31-415) › Section 4-31-412 - Enforcing of agreement by court action

The authority has the right, in addition to all other rights, by mandamus or other suit, action or proceeding in any court of competent jurisdiction, to require the local government unit and the governing body and any proper officer, agent or employee of the local government unit to carry out any agreements and to perform its and their duties under this part or under any rule or regulation of the authority adopted pursuant thereto.
Acts 1986, ch. 846, § 13.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 4 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY CAPITAL PROJECTS LOAN ACT OF 1990 (§§ 4-31-401 — 4-31-415) › Section 4-31-413 - Debt limit not applicable

Local government units may enter into loan agreements under this part notwithstanding and without regard to any limit on indebtedness provided by law.
Acts 1986, ch. 846, § 13.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 4 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY CAPITAL PROJECTS LOAN ACT OF 1990 (§§ 4-31-401 — 4-31-415) › Section 4-31-414 - Actions of governing body by resolution

All action required or authorized to be taken under this part by the governing body of any local government unit may be by resolution, which resolution may be adopted at the meeting of the governing body at which such resolution is introduced, and shall take effect immediately upon its adoption.
Acts 1986, ch. 846, § 13.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 4 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY CAPITAL PROJECTS LOAN ACT OF 1990 (§§ 4-31-401 — 4-31-415) › Section 4-31-415 - Provisions supplemental

(a)
This part shall be in addition and supplemental to any other law providing for the financing of capital projects by local government units and shall not be deemed to amend or repeal any other law.
(b)
No proceedings by a local government unit shall be required for loan agreements hereunder, except as provided by this part, any law to the contrary notwithstanding.
(c)
No other requirements or restrictions applicable to borrowing by a local government unit contained in any other law shall be applicable to loans under this part.
Acts 1986, ch. 846, § 13; 1990, ch. 885, § 19.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 5 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY RURAL FIRE PROTECTION EQUIPMENT ACT OF 1986 (§§ 4-31-501 — 4-31-516) › Section 4-31-501 - Short title

This part is known and may be cited as the "Tennessee Local Development Authority Public Safety Protection Act of 2023."
Amended by 2023 Tenn. Acts, ch. 378,s 1, eff. 5/11/2023.
Acts 1986, ch. 846, § 14.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 5 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY RURAL FIRE PROTECTION EQUIPMENT ACT OF 1986 (§§ 4-31-501 — 4-31-516) › Section 4-31-502 - Intent

It is in the interest and welfare of the people of Tennessee that the Tennessee local development authority be empowered to issue its revenue bonds and to make the bond proceeds or state appropriations available for loans to counties for the purchase of equipment for the use of the county or volunteer fire departments serving unincorporated areas of the county, in order to provide equipment to public safety officers in an effort to protect the citizens of Tennessee, result in improvements in fire ratings, and reduce fire insurance premiums.
Amended by 2023 Tenn. Acts, ch. 378,s 2, eff. 5/11/2023.
Acts 1986, ch. 846, § 14.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 5 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY RURAL FIRE PROTECTION EQUIPMENT ACT OF 1986 (§§ 4-31-501 — 4-31-516) › Section 4-31-503 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Authority" means the Tennessee local development authority;
(2)
"Emergency medical dispatcher" (EMD) has the same meaning as defined in §
68-140-302
;
(3)
"Emergency medical services personnel" has the same meaning as defined in §
68-140-302
;
(4)
"Equipment" includes, but is not limited to:
(A)
For firefighters, uniforms, fire engines and other vehicles, ladders, hooks, hoses, and all other equipment necessary for containing and extinguishing fires;
(B)
For law enforcement officers, uniforms, vehicles, weapons, holsters, handcuffs, restraints, batons, protective gear, and all other equipment necessary for the apprehension of suspects and criminals and the investigation and detection of crime;
(C)
For emergency medical services personnel, uniforms, vehicles, stretchers, medical devices, medical supplies, first aid kits, automatic external defibrillators, and all other equipment necessary for the provision of emergency care; and
(D)
For emergency communications dispatchers, uniforms, radios, antennas, base stations, call boxes, dispatch consoles, pagers, public safety systems, and all other equipment for the provision of emergency dispatching;
(5)
"Firefighter" means an individual employed by a local government as a member of the local government's fire department, or who is a volunteer firefighter, trained in firefighting and actively engaged in such work or subject to call for such firefighting prevention services;
(6)
"Law enforcement officer" means an individual employed by a local government as a member of the local government's law enforcement agency, and is trained and actively engaged in police work for the investigation into and detection of crime;
(7)
"Loan agreement" means a contractual relationship by and between a county and the authority pursuant to and in accordance with this part; and
(8)
"Public safety officer" means a law enforcement officer, firefighter, emergency medical services personnel, or an emergency medical dispatcher.
Amended by 2023 Tenn. Acts, ch. 378, s 3, eff. 5/11/2023.
Acts 1986, ch. 846, § 14.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 5 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY RURAL FIRE PROTECTION EQUIPMENT ACT OF 1986 (§§ 4-31-501 — 4-31-516) › Section 4-31-505 - Administration of loans

(a)
(1)
The authority shall administer loans made under this part.
(2)
In so doing, the authority may adopt rules and regulations necessary for the effective administration of this part, including the promulgation of prerequisites that must be fulfilled by the county in order to be eligible for a loan, procedures to be followed in making loan applications to the authority, procedures to be followed in the disbursement of loan funds, and procedures for enforcing agreements entered into by a county with the authority.
(b)
A county entering into a loan agreement with the authority must state in the loan application, in addition to those requirements established by the authority pursuant to rules, that the purchase of the equipment for firefighters is reasonably calculated to result in a reduction of fire insurance premium rates for businesses and residents within the unincorporated area of the county served by the county or volunteer fire department.
Amended by 2023 Tenn. Acts, ch. 378,s 6, eff. 5/11/2023.
Acts 1986, ch. 846, § 14.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 5 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY RURAL FIRE PROTECTION EQUIPMENT ACT OF 1986 (§§ 4-31-501 — 4-31-516) › Section 4-31-506 - Loan agreements

(a)
Subject to §
4-31-505
and all other existing contractual obligations of the county, the authority may enter into loan agreements with a county and the county may enter into loan agreements with the authority for loans to pay for equipment for a county's public safety officers or a volunteer fire department's public safety officers.
(b)
Any loan agreement may include such provisions as may be agreed upon by the authority and the county, subject to §
4-31-505
and shall additionally include, in substance, the following:
(1)
The amount of the loan, not to exceed the estimated reasonable cost of the equipment to be purchased, as determined by the authority; and
(2)
An agreement by the local government unit to:
(A)
Proceed expeditiously with the purchase in accordance with the loan agreement approved pursuant to this part;
(B)
Not dispose of the equipment without the prior approval of the authority;
(C)
Pledge any available sources of revenue to make payment according to the repayment schedule established by the authority, including state-shared taxes, and to make such payments; and
(D)
Establish and maintain adequate financial records for the equipment, including maintaining an inventory, and cause to be made an annual audit of the financial records and transactions covering each fiscal year in accordance with generally accepted government auditing standards, and to furnish a copy of such audits to the comptroller of the treasury.
(c)
Failure of a county to file the audit required by subdivision (b)(2)(D) with the comptroller of the treasury each year, until the loan, together with interest is totally repaid, constitutes a Class A misdemeanor and anyone violating this provision, upon conviction, shall be liable for a fine of not less than ten dollars ($10.00) nor more than one hundred dollars ($100) for each violation, within the discretion of the court, and each day of continued violation constitutes a separate offense.
Amended by 2023 Tenn. Acts, ch. 378, s 7, eff. 5/11/2023.
Acts 1986, ch. 846, § 14.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 5 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY RURAL FIRE PROTECTION EQUIPMENT ACT OF 1986 (§§ 4-31-501 — 4-31-516) › Section 4-31-507 - Further agreements and guarantees

The authority has the right to enter into such further agreements with a county and require such further guarantees or securities as it may see fit prior to, or simultaneously with, the issuance or refusal to issue bonds, or the issuance or refusal to issue loans from bond proceeds or state appropriations, until such agreements or securities in a form that the authority may elect, are agreed to or are obtained.
Amended by 2023 Tenn. Acts, ch. 378,s 8, eff. 5/11/2023.
Acts 1986, ch. 846, § 14.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 5 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY RURAL FIRE PROTECTION EQUIPMENT ACT OF 1986 (§§ 4-31-501 — 4-31-516) › Section 4-31-508 - Approval of agreements - Payments subject to audit

All loan agreements entered into pursuant to this part shall be subject to approval by the attorney general and reporter as to the form and by the commissioner of finance and administration, and all payments made pursuant to such loan agreements shall be made on vouchers approved by the authority, and such payments shall be subject to audit at any time.
Acts 1986, ch. 846, § 14.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 5 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY RURAL FIRE PROTECTION EQUIPMENT ACT OF 1986 (§§ 4-31-501 — 4-31-516) › Section 4-31-509 - Allocation of funds - Criteria

In allocating loan funds to counties, the authority shall give consideration to, and apply, the following standards and criteria:
(1)
The need and desirability for such equipment; and
(2)
The ability of the county to secure borrowed money from other sources and costs thereof.
Acts 1986, ch. 846, § 14.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 5 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY RURAL FIRE PROTECTION EQUIPMENT ACT OF 1986 (§§ 4-31-501 — 4-31-516) › Section 4-31-510 - Tax levy to meet payments

In the event the funds pledged shall be insufficient to meet the payments as established by the authority, any county shall levy a tax on property sufficient to make such payments, which shall be in addition to all other taxes authorized or limited by law.
Acts 1986, ch. 846, § 14.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 5 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY RURAL FIRE PROTECTION EQUIPMENT ACT OF 1986 (§§ 4-31-501 — 4-31-516) › Section 4-31-511 - Failure to make payments - Withholding of state-shared revenues authorized

(a)
In the event any county having entered into a loan agreement shall fail to remit funds in accordance with the annual repayment schedule established by the authority, the commissioner, within five (5) days of such failure, shall deliver by certified mail a written notice of such failure to the county.
(b)
In the event the county shall fail to remit the amount set forth in the notice within sixty (60) days of the receipt of the notice, the commissioner shall, without further authorization, withhold such sum or part of such sum from any state-shared taxes that are otherwise apportioned to such county for the benefit of the authority issuing bonds or notes for the purposes referred to in this part.
(c)
A county shall not have any claims on state-shared taxes withheld as permitted under the terms of this part.
Acts 1986, ch. 846, § 14.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 5 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY RURAL FIRE PROTECTION EQUIPMENT ACT OF 1986 (§§ 4-31-501 — 4-31-516) › Section 4-31-512 - Authority to establish public safety protection fund - Disposition of funds

(a)
The authority may establish in the state treasury a separate special trust fund of the authority for each separate issuance of bonds or notes that is similarly secured for state-appropriated funds, to be known as a "public safety protection fund," and to bear such additional designation as the authority deems appropriate to properly identify each fund.
(b)
The state covenants and agrees that from and after the issuance of bonds or notes under this part or through the loaning of state-appropriated funds, moneys derived by this state from payments made pursuant to loan agreements with such counties and moneys withheld from state-shared taxes apportioned to such counties as permitted under the terms of the loan agreements that are pledged to the payment of such bonds, notes, or loans, must be paid into the particular fund established for the issuance of bonds or notes or the loaning of appropriated funds to which such moneys are pledged.
(c)
Such moneys must be accounted for separately from all other moneys in the state treasury and must be applied by the authority solely for the purpose of:
(1)
Paying the principal of and interest and premium, if any, on such issue of bonds, notes, and loans issued pursuant to this section;
(2)
Refunding moneys due to participating counties where appropriate; and
(3)
Paying all other costs incidental to the administration of the authority in connection with the loan agreements and the issuance of such bonds and notes.
Amended by 2023 Tenn. Acts, ch. 378, s 9, eff. 5/11/2023.
Acts 1986, ch. 846, § 14.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 5 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY RURAL FIRE PROTECTION EQUIPMENT ACT OF 1986 (§§ 4-31-501 — 4-31-516) › Section 4-31-513 - Enforcing of agreement by court action

The authority has the right, in addition to all other rights, by mandamus or other suit, action or proceeding in any court of competent jurisdiction, to require the county and the governing body and any proper officer, agent or employee of the county to carry out any agreements and to perform its and their duties under this part or under any rule or regulation of the authority adopted pursuant thereto.
Acts 1986, ch. 846, § 14.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 5 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY RURAL FIRE PROTECTION EQUIPMENT ACT OF 1986 (§§ 4-31-501 — 4-31-516) › Section 4-31-514 - Debt limit not applicable

Any county may enter into loan agreements under this part notwithstanding and without regard to any limit on indebtedness provided by law.
Acts 1986, ch. 846, § 14.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 5 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY RURAL FIRE PROTECTION EQUIPMENT ACT OF 1986 (§§ 4-31-501 — 4-31-516) › Section 4-31-515 - Actions of governing body by resolution

All action required or authorized to be taken under this part by the governing body of any county may be by resolution, which resolution may be adopted at the meeting of the governing body at which such resolution is introduced and shall take effect immediately upon its adoption.
Acts 1986, ch. 846, § 14.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 5 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY RURAL FIRE PROTECTION EQUIPMENT ACT OF 1986 (§§ 4-31-501 — 4-31-516) › Section 4-31-516 - Provisions supplemental

(a)
This part shall be in addition and supplemental to any other law providing for the financing of the purchase of equipment by counties and shall not be deemed to amend or repeal any other law.
(b)
No proceedings by a county shall be required for loan agreements hereunder, except as provided by this part, any law to the contrary notwithstanding.
(c)
No other requirements or restrictions applicable to borrowing by any county contained in any other law shall be applicable to loans under this part.
Acts 1986, ch. 846, § 14.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 6 - TLDA AIRPORT LOAN ACT OF 1988 (§§ 4-31-601 — 4-31-615) › Section 4-31-601 - Short title

This part shall be known and may be cited as the "TLDA Airport Loan Act of 1988."
Acts 1988, ch. 820, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 6 - TLDA AIRPORT LOAN ACT OF 1988 (§§ 4-31-601 — 4-31-615) › Section 4-31-602 - Legislative intent

(a)
The general assembly finds and declares that:
(1)
The construction of safety improvements for airports is an essential function of airport authorities, municipal airports, and state and local governments;
(2)
The construction of projects for airport improvements, for the mitigation of noise created by activity of an airport, for the acquisition of property and rights in property, real and personal, relating thereto, and the financing of such, are essential functions of airport authorities, municipal airports, and state and local governments; and
(3)
To the extent that financing of improvements, safety improvements and noise mitigation for airport authorities and municipal airports can be accomplished through the pooling of needs and the use of less costly borrowing techniques, airport authorities, municipal airports and local governments would be better able to provide improvements, safety improvements and noise mitigation for the benefit of citizens.
(b)
(1)
It is accordingly in furtherance of the interest and welfare of all Tennesseans that the Tennessee local development authority be empowered to issue its revenue bonds and to make proceeds available for loans to airport authorities and municipal airports for improvements, safety improvements and noise mitigation projects at a cost lower than would otherwise be obtainable.
(2)
It is intended that the Tennessee local development authority be vested with all powers necessary to accomplish these purposes.
Acts 1988, ch. 820, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 6 - TLDA AIRPORT LOAN ACT OF 1988 (§§ 4-31-601 — 4-31-615) › Section 4-31-603 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Airport" means and includes any one (1) or more airports or heliports and related facilities of an airport authority or municipal airport, including, but not limited to, land and interests in land, facilities for storage of air and space craft, navigation and landing aids, taxiways, pads, aprons, control towers, passenger and cargo terminal buildings, hangars, administration and office buildings, garages, parking lots, and such other structures, facilities and improvements necessary or convenient to the development and maintenance of airports and heliports, and for the promotion and accommodation of air and space travel, commerce and navigation;
(2)
"Airport authority" means those airport authorities created pursuant to title 42, chapter 3 and those metropolitan airport authorities created pursuant to title 42, chapter 4;
(3)
"Construction" means the building, reconstruction, creation, replacement, extension, repair, betterment, improvement, installation, alteration, equipping, extension, development, acquisition by gift, lease, purchase, or the exercise of the right of eminent domain, or any one (1) or more of the foregoing, including the acquisition of property and rights in property, real and personal;
(4)
"Loan agreement" means a contractual arrangement by and between an airport authority or a municipal airport and the authority and, in the discretion of the authority, the creating or participating municipality providing the guaranty, pursuant to and in accordance with this part;
(5)
"Municipal airport" means those county or municipal airports created pursuant to title 42, chapter 5; and
(6)
"Project" means any one (1) or any combination of the following: safety improvements for airports; mitigation of noise created by activity of an airport, including the acquisition of property and rights in property, real and personal, related thereto; and for any purpose for which bonds or notes can be issued pursuant to the Metropolitan Airport Authority Act, compiled in title 42, chapter 4.
Acts 1988, ch. 820, § 1; 1989, ch. 233, § 4.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 6 - TLDA AIRPORT LOAN ACT OF 1988 (§§ 4-31-601 — 4-31-615) › Section 4-31-604 - Financing of projects for use of airport authorities and municipal airports - Schedule of payments

(a)
For the purpose of providing moneys to fund loans authorized by this part, the authority, in addition to the powers otherwise created by law, has the power and is hereby authorized to issue from time to time negotiable bonds and notes of the authority in an amount not to exceed two hundred million dollars ($200,000,000) in accordance with the terms of this part.
(b)
Bonds or notes issued pursuant to this part shall not be issued and sold as part of an issue of bonds or notes of the authority issued pursuant to any other provisions of this chapter or any other law; provided, that the foregoing shall not prohibit the issuance of separate issues of bonds or notes pursuant to this part.
(c)
In addition to the powers otherwise granted by law, the authority has the power and is authorized to make loans to any airport authority or municipal airport that has obtained the guaranty of a creating municipality or participating municipality pursuant to §
4-31-607
, for the financing of projects for airport authorities or municipal airports pursuant to a loan agreement. Such loans shall be made from the proceeds of bonds or notes issued by the authority for the purpose of making such loans.
(d)
(1)
The authority shall establish a repayment schedule to be made by an airport authority or municipal airport under a loan agreement. Such repayments shall be in such amounts as will be at least sufficient, together with other funds available therefor, to pay the principal of, and interest on, bonds and notes issued by the authority for the purpose of providing loans to airport authorities or municipal airports for the financing of projects, and as may be necessary for the authority to maintain a reserve for debt service. The authority may collect an administrative fee in addition to such repayment schedule in an amount as may be set forth in the loan agreement.
(2)
The annual repayment schedule for each loan shall be, in cases prior to the funding of such loans or where such loans have been financed on an interim basis other than by bonds, an estimated annual repayment schedule showing debt service requirements under the loan agreement as if the bonds to be issued to fund such loans will bear interest at a rate per annum and mature in such manner as the authority shall establish at the time of the approval of each such loan and, in cases where bonds have been issued to fund such loan, the actual debt service requirements on such bonds.
Acts 1988, ch. 820, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 6 - TLDA AIRPORT LOAN ACT OF 1988 (§§ 4-31-601 — 4-31-615) › Section 4-31-605 - Administration of loans

(a)
The authority shall administer loans made under this part.
(b)
In so doing, the authority may adopt rules and regulations necessary for the effective administration of this part, including the promulgation of prerequisites that must be fulfilled by an airport authority or municipal airport in order to be eligible for a loan, procedures to be followed in making loan applications to the authority, procedures to be followed in the disbursement of loan funds, and procedures for enforcing loan agreements entered into by an airport authority or municipal airport with the authority.
Acts 1988, ch. 820, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 6 - TLDA AIRPORT LOAN ACT OF 1988 (§§ 4-31-601 — 4-31-615) › Section 4-31-606 - Loan agreements

(a)
Subject to §
4-31-605
and subject to any existing contractual obligations of the airport authority or municipal airport, the authority may enter into a loan agreement with any airport authority or municipal airport, and any airport authority or municipal airport may enter into a loan agreement with the authority, for loans for financing projects, if such repayment under such loan agreement is guaranteed or secured by a creating municipality or participating municipality as set forth in §
4-31-607
.
(b)
Any loan agreement may include such provisions as may be agreed upon by the authority and the airport authority or municipal airport, subject to §
4-31-605
and shall additionally include, in substance, the following:
(1)
The amount of the loan, not to exceed the estimated reasonable cost of the project to be financed, as determined by the authority; and
(2)
An agreement by the airport authority or municipal airport to:
(A)
Proceed expeditiously with, and complete, the project in accordance with the loan agreement approved pursuant to this part;
(B)
Not dispose of the project without the prior approval of the authority during the term of the loan agreement;
(C)
Pledge any available sources of revenues, income and charges, including grants and contributions from the federal government or other sources, make payments according to the repayment schedule established by the authority and make such payments; and
(D)
Establish and maintain adequate financial records for the project, including maintaining an inventory, cause to be made an annual audit of the financial records and transactions covering each fiscal year in accordance with generally accepted government auditing standards, and furnish a copy of such audits to the comptroller of the treasury.
(c)
Failure of an airport authority or municipal airport to file the audit required by subdivision (b)(2)(D) with the comptroller of the treasury each year, until the loan, together with interest, is totally repaid, constitutes a Class A misdemeanor, and anyone violating this provision, upon conviction, shall be liable for a fine of not less than ten dollars ($10.00) nor more than one hundred dollars ($100) for each violation, and each day of continued violation constitutes a separate offense.
Acts 1988, ch. 820, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 6 - TLDA AIRPORT LOAN ACT OF 1988 (§§ 4-31-601 — 4-31-615) › Section 4-31-608 - Further agreements and guarantees with authority

The authority has the right to enter into such further agreements with an airport authority or municipal airport and require such further guarantees or securities as it may see fit prior to, or simultaneously with, the issuance of bonds or notes or to refuse to issue bonds or notes until such agreements or securities, in any form that the authority may elect, are agreed to or are obtained.
Acts 1988, ch. 820, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 6 - TLDA AIRPORT LOAN ACT OF 1988 (§§ 4-31-601 — 4-31-615) › Section 4-31-609 - Approval of agreements - Audits

All loan agreements entered into pursuant to this part shall be subject to approval by the attorney general and reporter as to the form and by the commissioner of finance and administration, and all payments made pursuant to such loan agreement shall be as to funding approved by the authority, and such payments shall be subject to audit at any time.
Acts 1988, ch. 820, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 6 - TLDA AIRPORT LOAN ACT OF 1988 (§§ 4-31-601 — 4-31-615) › Section 4-31-611 - Airport authority fund

(a)
The authority is hereby authorized to establish in the state treasury a separate special trust fund of the authority for each separate issue of bonds or notes that is similarly secured to be known as the "airport authority fund," and to bear such additional designation as the authority deems appropriate to properly identify each fund.
(b)
(1)
The state hereby covenants and agrees that from and after the issuance of any bonds or notes under and pursuant to this part, moneys derived by the state from payments made pursuant to loan agreements with such airport authorities or municipal airports as permitted under the terms of the loan agreements that are pledged to the payment of such bonds or notes shall be paid into the particular fund established for the issuance of bonds or notes to which such moneys are pledged.
(2)
Such moneys shall be accounted for separately from all other moneys in the state treasury and shall be applied by the authority solely for the purpose of paying principal of and interest and premium, if any, on such issue of bonds and notes issued pursuant to this section, refunding moneys due to participating airport authorities or municipal airports where appropriate, and paying all other costs incidental to the administration of the authority in connection with the loan agreements and the issuance of such issue of bonds and notes.
Acts 1988, ch. 820, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 6 - TLDA AIRPORT LOAN ACT OF 1988 (§§ 4-31-601 — 4-31-615) › Section 4-31-612 - Enforcement of agreements

The authority has the right, in addition to all other rights, by mandamus or other suit, action or proceeding in any court of competent jurisdiction, to require the airport authority or municipal airport and the governing body and any proper officer, agent or employee of the airport authority or municipal airport to carry out any agreements and to perform its and their duties under this part or under any rule or regulation of the authority adopted pursuant thereto.
Acts 1988, ch. 820, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 6 - TLDA AIRPORT LOAN ACT OF 1988 (§§ 4-31-601 — 4-31-615) › Section 4-31-613 - Debt limit not applicable

Any airport authority or municipal airport may enter into loan agreements under this part, notwithstanding and without regard to any limit on indebtedness provided by law.
Acts 1988, ch. 820, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 6 - TLDA AIRPORT LOAN ACT OF 1988 (§§ 4-31-601 — 4-31-615) › Section 4-31-614 - Actions of governing body

All action required or authorized to be taken under this part by the governing body of any airport authority or municipal airport may be by resolution, which resolution may be adopted at the meeting of the governing body at which such resolution is introduced and shall take effect immediately upon its adoption.
Acts 1988, ch. 820, § 1.