reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 8 - BOARD OF CLAIMS (§§ 9-8-101 — 9-8-409) › Part 3 - TENNESSEE CLAIMS COMMISSION (§§ 9-8-301 — 9-8-311) › Section 9-8-301 - Creation

(a)
There is hereby created an administrative tribunal consisting of three (3) members, one (1) from each grand division, known as the "Tennessee claims commission."
(b)
For administrative purposes, the commission shall be attached to the treasury department. The administrative responsibilities of the commission shall be performed by the state treasurer, in consultation with the claims commission and under the oversight of the board of claims. The state treasurer is authorized to delegate to the administrative clerk such of these responsibilities as the state treasurer deems appropriate.
(c)
The authority to appoint, terminate and control the staff of the commission shall rest with the state treasurer; provided, that the individual claims commissioners may appoint, terminate and control the staff personnel assigned to their respective offices. All decisions relative to compensation of the staff of the commission, including the staff positions assigned to the individual commissioners, shall be subject to the approval of the state treasurer. The individual claims commissioners shall consult with the state treasurer prior to taking any personnel action with respect to the staff personnel assigned to their respective offices, and the state treasurer shall consult with the members of the claims commission prior to taking any personnel action for all other staff of the commission.
(d)
The employees shall not have state service status but shall be subject to personnel policies and regulations which are applicable to employees of the treasury department, such as leave, compensation, classification and travel requests.
(e)
Notwithstanding any provision of Acts 1997, ch. 165, to the contrary, the autonomy of individual claims commissioners in performing their claims adjudication function shall be respected by the state treasurer and the board of claims. Nothing within that act shall be construed to give the state treasurer or board of claims authority to supervise or take any personal actions with regard to the individual claims commissioners.
(f)
For the purposes of this part and part 4 of this chapter, "grand division of the state" shall be defined as such term is defined in title 4, chapter 1, part 2, except that Cumberland County shall be included within the middle grand division.
Acts 1984, ch. 972, § 1; 1997 , ch. 165, §§ 2, 11; 2003 , ch. 411, § 1; 2012 , ch. 800, § 49.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 8 - BOARD OF CLAIMS (§§ 9-8-101 — 9-8-409) › Part 3 - TENNESSEE CLAIMS COMMISSION (§§ 9-8-301 — 9-8-311) › Section 9-8-302 - Appointments - Terms - Residence - Vacancies - Chair

(a)
Each commissioner shall be appointed by the governor with confirmation by resolution of both houses of the general assembly for a term of eight (8) years.
(b)
To provide staggered terms for the commissioners, the term expiring on June 30, 2003, shall be filled for an eight (8) year appointment while the current terms of the remaining two (2) commissioners shall each be extended for two (2) additional years. Thereafter, all commissioners shall be appointed to eight (8) year terms.
(c)
Each commissioner shall have resided in the grand division from which such commissioner is appointed for one (1) year prior to appointment, resided in Tennessee for five (5) years prior to appointment, and shall have been licensed to practice law in Tennessee for at least five (5) years prior to appointment. No commissioner may practice law while serving on the commission. The commissioners shall discontinue the practice of law as soon after their appointments as is practicable. The commissioners shall comply with the standards of conduct contained in the Code of Judicial Conduct of the Rules of the Tennessee Supreme Court.
(d)
The commissioners shall be eligible for reappointment.
(e)
Temporary vacancies on the commission shall be filled by a qualified person appointed by the governor. Any other vacancy shall be filled for the remainder of the term by a qualified person appointed by the governor with the consent of both houses of the general assembly. If such a vacancy occurs while the general assembly is not in session, the governor shall appoint a qualified person to serve during the interim.
(f)
The commission shall designate one (1) of its members to serve as chair.
Acts 1984, ch. 972, §§ 2, 6; 1985, ch. 105, § 3; 1993, ch. 367, §§ 1, 2; 2002, ch. 816, §§ 1, 2.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 8 - BOARD OF CLAIMS (§§ 9-8-101 — 9-8-409) › Part 3 - TENNESSEE CLAIMS COMMISSION (§§ 9-8-301 — 9-8-311) › Section 9-8-303 - Compensation

The commissioners of the claims commission shall receive the same compensation as a Class 1 commissioner.
Acts 1984, ch. 972, § 3.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 8 - BOARD OF CLAIMS (§§ 9-8-101 — 9-8-409) › Part 3 - TENNESSEE CLAIMS COMMISSION (§§ 9-8-301 — 9-8-311) › Section 9-8-304 - Administrative clerk - Open proceedings - En banc hearings

(a)
The claims commission, subject to the approval of the state treasurer, shall designate a commission employee to serve as administrative clerk to the claims commission. The administrative clerk, in consultation with the commission chair, shall schedule meetings of the commission.
(b)
The administrative clerk, in consultation with the commission chair, shall docket proceedings and schedule hearings on claims. Each claim shall be assigned to the appropriate commissioner for the grand division in which the wrongful act occurred or in which the claimant lives; provided, that the chair of the commission shall have the authority to assign cases arising in one grand division to a commissioner in another grand division if such is necessary to alleviate congestion, delay, or an imbalance in caseloads among grand divisions. Each claim shall be heard in the grand division in which the wrongful act occurred or in which the claimant lives. The commission shall follow the law established for trial courts concerning opening proceedings to the public.
(c)
The administrative clerk, in consultation with the state treasurer, is responsible for the day-to-day management of the commission's staff and such other activities as may be required including, but not limited to, reporting on the status of claims. In managing the affairs of the commission, the state treasurer shall consult with the claims commission.
(d)
For the purpose of uniformity, the commission, upon the request of two (2) members thereof, may sit
en banc
to hear and decide any matter for which there is a disagreement among two (2) or more of the commissioners.
Acts 1984, ch. 972, § 4; 1997 , ch. 165, § 3.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 8 - BOARD OF CLAIMS (§§ 9-8-101 — 9-8-409) › Part 3 - TENNESSEE CLAIMS COMMISSION (§§ 9-8-301 — 9-8-311) › Section 9-8-305 - Powers and duties

Each commissioner, and each administrative law judge assigned pursuant to this part, has the authority to:
(1)
Hear and determine claims against the state falling within the categories enumerated in §
9-8-307
;
(2)
Issue subpoenas, swear in witnesses at hearings and other commission functions, effect discovery and issue protective orders and the like, and seek enforcement pursuant to §
4-5-311(a) and (b)
;
(3)
Rule on motions and objections;
(4)
Regulate the course of proceedings;
(5)
Take official notice of:
(A)
State statutes and the rules and regulations of state agencies; and
(B)
Any fact that can be judicially noticed; and
(6)
Issue written findings of facts and opinions of law.
Acts 1984, ch. 972, § 5; 1986, ch. 626, § 7; 1997, ch. 165, §§ 4, 5.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 8 - BOARD OF CLAIMS (§§ 9-8-101 — 9-8-409) › Part 3 - TENNESSEE CLAIMS COMMISSION (§§ 9-8-301 — 9-8-311) › Section 9-8-306 - Promulgation of rules and regulations

The commission is authorized to promulgate rules and regulations not inconsistent with this chapter in order for it to fulfill its duties in an orderly and efficient manner.
Acts 1984, ch. 972, § 7.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 8 - BOARD OF CLAIMS (§§ 9-8-101 — 9-8-409) › Part 3 - TENNESSEE CLAIMS COMMISSION (§§ 9-8-301 — 9-8-311) › Section 9-8-308 - Privilege tax on filing of claims - Exemption

(a)
There is levied a privilege tax on the filing of claims with the claims commission of twenty-five dollars ($25.00) on each claim filed with the claims commission; provided, that no tax shall be levied on claimants who consent at the time of filing with the administrative clerk for their claims to be assigned to the small claims docket under §
9-8-403(a)(2)
, and proceed upon affidavits filed with the claims commission without a hearing. The tax shall be collected by the administrative clerk of the claims commission, and all funds collected by the clerk shall be paid over to the appropriate fund, as shall be determined by the state treasurer. Claims automatically transferred to the claims commission by the division of claims and risk management pursuant to §
9-8-402(c)
due to a failure to honor or deny the claim during the ninety-day settlement period shall not be subject to the privilege tax established by this section. Notwithstanding any limit on the amount which may be awarded to a claimant, the commissioner or the reviewing court shall have the discretion to order that the privilege tax paid pursuant to this section be refunded to a claimant whose claim is determined to be meritorious.
(b)
Any person shall be permitted to file a claim with the claims commission without paying the privilege tax established by subsection (a) by taking and subscribing the following oath in writing: "I, ______________, do solemnly swear, that, owing to my poverty, I am not able to pay the privilege tax ordinarily required to file a claim with the claims commission and that I am justly entitled to the damages sought to the best of my belief."
Acts 1989, ch. 491, § 6; 1990, ch. 755, § 14; 1993, ch. 494, § 3; 1998, ch. 785, § 15.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 8 - BOARD OF CLAIMS (§§ 9-8-101 — 9-8-409) › Part 3 - TENNESSEE CLAIMS COMMISSION (§§ 9-8-301 — 9-8-311) › Section 9-8-309 - Temporary assignment of administrative law judges to commission

Upon the request of the governor, or of an individual claims commissioner as to claims within that commissioner's grand division, or of a majority of the claims commissioners as to claims within any grand division, the secretary of state may assign administrative law judges from the administrative procedures division of the secretary of state's office to assist in the removal of unacceptable congestion, delay on the claims commission docket or in the event of a claims commissioner's recusal or disability. Upon such assignment, administrative law judges shall have all the powers, duties and immunities as a regularly appointed claims commissioner. Costs associated with the assignment of administrative law judges to hear claims commission matters shall be paid from the risk management fund.
Amended by 2013 Tenn. Acts, ch. 380,s 1, eff. 5/6/2013.
Acts 1997, ch. 165, § 1; 2003, ch. 212, § 8.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 8 - BOARD OF CLAIMS (§§ 9-8-101 — 9-8-409) › Part 3 - TENNESSEE CLAIMS COMMISSION (§§ 9-8-301 — 9-8-311) › Section 9-8-310 - Retaliatory termination for filing of claim - Filing of grievances

(a)
An entity of state government may not terminate a state employee for filing a workers' compensation claim with the claims commission.
(b)
Any employee terminated for filing a workers' compensation claim may file a grievance in accordance with §
8-30-318
, or may file a claim with the claims commission, at the option of such employee, in accordance with this part.
Acts 1998, ch. 738, § 1; 1999, ch. 54, § 1.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 8 - BOARD OF CLAIMS (§§ 9-8-101 — 9-8-409) › Part 3 - TENNESSEE CLAIMS COMMISSION (§§ 9-8-301 — 9-8-311) › Section 9-8-311 - Confidentiality of medical records maintained by commission

(a)
Medical records received and maintained by the commission shall be treated as confidential and shall not be open for inspection by members of the public pursuant to title 10, chapter 7.
(b)
As used in this section:
(1)
"Healthcare provider" means healthcare professionals, establishments, or facilities licensed, registered, certified, or permitted pursuant to title 63 or title 68 and regulated under the authority of either the department of health or any agency, board, council, or committee attached to the department of health; and
(2)
"Medical record" means any and all documents maintained by a healthcare provider relating to a patient's diagnosis, care, and treatment, including, but not limited to, notes, reports, memos, e-mails, facsimile transmissions, laboratory tests, billing documents, and medication orders.
Added by 2015 Tenn. Acts, ch. 47,s 1, eff. 3/27/2015.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 8 - BOARD OF CLAIMS (§§ 9-8-101 — 9-8-409) › Part 4 - DIVISION OF CLAIMS AND RISK MANAGEMENT (§§ 9-8-401 — 9-8-409) › Section 9-8-401 - Creation

There is hereby created a division of claims and risk management as a division of the department of the treasury. The staff of the present board of claims shall also be the staff of the division of claims and risk management.
Acts 1984, ch. 972, § 9.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 8 - BOARD OF CLAIMS (§§ 9-8-101 — 9-8-409) › Part 4 - DIVISION OF CLAIMS AND RISK MANAGEMENT (§§ 9-8-401 — 9-8-409) › Section 9-8-404 - Removal of claims - Appeals

(a)
Prior to hearing, upon the petition of either party showing the approval of the attorney general and reporter, the claim shall be removed to the appropriate chancery or circuit court with venue for handling in accordance with this part, except the normal procedural rules of the court shall be applicable. Appeal from the chancery or circuit court shall be to the court of appeals.
(b)
The commission may transfer the action to the appropriate chancery or circuit court with venue on its own after a determination, in writing, by the commission that fair and complete resolution of all claims involved cannot be accomplished in administrative proceedings before the commission. Such transfers shall be limited to tort claims arising out of the same fact situation where much of the evidence to be presented would be admissible against the state and one (1) or more additional defendants. If such transferred claim is not consolidated for trial, the claim against the state shall be transferred back to the commission. If, prior to the time of trial, all claims other than those against the state have been dismissed, settled or otherwise concluded, upon motion of the state the claim shall be transferred back to the commission. The transferred claim shall be handled in accordance with this part, except the normal procedural rules of the court shall be applicable. Appeal from the chancery or circuit court shall be to the court of appeals.
(c)
If the docket for any grand division becomes overloaded in the judgment of the commission chair, the chair may assign one (1) of the other two (2) commissioners to hear some of those claims in that division.
Acts 1984, ch. 972, § 12; 1988, ch. 850, § 2; 1989, ch. 491, §§ 3, 4; 1990, ch. 806, §§ 1, 2.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 8 - BOARD OF CLAIMS (§§ 9-8-101 — 9-8-409) › Part 4 - DIVISION OF CLAIMS AND RISK MANAGEMENT (§§ 9-8-401 — 9-8-409) › Section 9-8-405 - Settlement of claims - Mediation

(a)
Any claim filed with the division may be settled pursuant to §
20-13-103
, following consultation with the governmental entity affected therein. Additionally, the attorney general and reporter, with the written approval of the governor and the comptroller of the treasury, may authorize the state treasurer to settle certain classes of claims without the necessity of complying with §
20-13-103
.
(b)
In the event of disapproval of a proposed settlement, the claim shall be processed in the same manner as other claims before the commission.
(c)
By agreement of the parties, a mediator may be employed in an attempt to settle a claim. Such a claim still must be settled in accordance with subsection (a) and/or §
20-13-103
. Costs associated with alternative dispute resolution, as agreed to by the parties, shall be paid from the risk management fund.
Acts 1984, ch. 972, § 13; 1997, ch. 165, § 9; 2003, ch. 212, § 8.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 8 - BOARD OF CLAIMS (§§ 9-8-101 — 9-8-409) › Part 4 - DIVISION OF CLAIMS AND RISK MANAGEMENT (§§ 9-8-401 — 9-8-409) › Section 9-8-406 - Representation of state - Negotiation of prehearing claim settlements

The attorney general and reporter shall represent the state in all claims before the commission; however, the attorney general and reporter may delegate to the department of the treasury or the governmental entity against which the claim is made the authority to negotiate prehearing claim settlements, and to represent the state in proceedings before the claims commission or any portion of that authority which the attorney general and reporter deems appropriate.
Acts 1984, ch. 972, § 14.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 8 - BOARD OF CLAIMS (§§ 9-8-101 — 9-8-409) › Part 4 - DIVISION OF CLAIMS AND RISK MANAGEMENT (§§ 9-8-401 — 9-8-409) › Section 9-8-407 - Actions against third parties for reimbursement

(a)
Whenever the acts or omissions of a third party are the proximate cause of an incident giving rise to a claim against the state for which the state has, pursuant to this chapter, compensated the person injured or damaged by the acts or omissions of such third party, the state of Tennessee may institute an action against such third party for the recovery of the whole or any specified part of the amount paid by the state in the appropriate court in Tennessee, or in the federal, state or district court in which such third party resides.
(b)
As a condition for the settlement of a claim filed under this chapter in which a third party may be liable, the state treasurer, exercising the settlement authority delegated to the state treasurer pursuant to §
9-8-405
, shall require the claimant to agree, by such form as the attorney general and reporter may direct, to cooperate fully with appropriate officials of the state should the state proceed to institute an action against a third party to recover the whole or any specified part of the amount paid by the state. Should the claimant fail to cooperate with the state in accordance with such agreement, the state shall have the right to recover any amounts paid by the state to the claimant. In awarding compensation, the claims commission shall include a requirement that the claimant execute an agreement with the state to cooperate with the state in an action against a liable third party in accordance with this section, unless the commission finds that the facts in such claim dictate that such an agreement should not be required.
(c)
Should any claimant choose to exercise such claimant's right to recover damages in civil court for injury or damages, such claimant shall notify the attorney general and reporter of the institution of such a lawsuit by serving the attorney general and reporter through the United States mail with a copy of the complaint, all subsequent pleadings and a copy of the final judgment in order to give the state notice of the existence of such an action so that the state may pursue its subrogated interest.
Acts 1986, ch. 626, § 10.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 8 - BOARD OF CLAIMS (§§ 9-8-101 — 9-8-409) › Part 4 - DIVISION OF CLAIMS AND RISK MANAGEMENT (§§ 9-8-401 — 9-8-409) › Section 9-8-408 - Confidentiality of medical records maintained by division

(a)
Medical records received and maintained by the division of claims and risk management shall be treated as confidential and shall not be open for inspection by members of the public pursuant to title 10, chapter 7.
(b)
As used in this section:
(1)
"Healthcare provider" means healthcare professionals, establishments, or facilities licensed, registered, certified, or permitted pursuant to title 63 or title 68 and regulated under the authority of either the department of health or any agency, board, council, or committee attached to the department of health; and
(2)
"Medical record" means any and all documents maintained by a healthcare provider relating to a patient's diagnosis, care, and treatment, including, but not limited to, notes, reports, memos, e-mails, facsimile transmissions, laboratory tests, billing documents, and medication orders.
Added by 2015 Tenn. Acts, ch. 47,s 2, eff. 3/27/2015.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 8 - BOARD OF CLAIMS (§§ 9-8-101 — 9-8-409) › Part 4 - DIVISION OF CLAIMS AND RISK MANAGEMENT (§§ 9-8-401 — 9-8-409) › Section 9-8-409 - Centralized information system for reporting of alleged dangerous conditions on state-maintained highways and repair of conditions

The state treasurer, in conjunction with the department of transportation, shall develop, implement, and administer a centralized information system for the reporting of alleged dangerous conditions on state-maintained highways and the repair of the conditions. To fulfill the duties described in this section, the state treasurer, in conjunction with the department of transportation, may utilize and modify an existing system of the department of transportation or the department of treasury, or may purchase a new system. The state treasurer shall enter into a memorandum of understanding with the commissioner of transportation to share and exchange information to be maintained in the centralized system. The state treasurer is authorized to contract with third-party entities and individuals to obtain and maintain information in the centralized system.
Added by 2022 Tenn. Acts, ch. 1004, s 1, eff. 5/5/2022.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 9 - FUNDING OF STATE DEBT (§§ 9-9-101 — 9-9-406) › Part 1 - GENERAL PROVISIONS (§§ 9-9-101 — 9-9-118) › Section 9-9-101 - State funding board

The state funding board shall be composed of the governor, the commissioner of finance and administration, the state treasurer, the secretary of state, and the comptroller of the treasury. The governor shall serve as the chair, and the comptroller shall serve as the vice chair and secretary. The board has the power to prescribe its rules and regulations and govern its meetings and procedures as it may deem advisable. A majority of the board constitutes a quorum and the confirming vote of at least three (3) members of the board is required.
Amended by 2013 Tenn. Acts, ch. 176,s 2, eff. 7/1/2013.
Acts 1927, ch. 1, § 4; 1929, ch. 125, § 1; 1929 (Ex. Sess.), ch. 9, § 1; Code 1932, § 1800; Acts 1937, ch. 33, § 45; 1937, ch. 258, § 1; 1939, ch. 11, § 29; 1941, ch. 7, § 1; C. Supp. 1950, §§ 255.47, 1800.1 (Williams, §§ 255.48, 1800.1); Acts 1959, ch. 9, § 8; 1959, ch. 155, § 1; impl. am. Acts 1961, ch. 97, § 3; Acts 1976, ch. 806, § 1(46); T.C.A. (orig. ed.), § 9-901; Acts 2010, ch. 982, § 1.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 9 - FUNDING OF STATE DEBT (§§ 9-9-101 — 9-9-406) › Part 1 - GENERAL PROVISIONS (§§ 9-9-101 — 9-9-118) › Section 9-9-102 - Maintenance of records on the condition of all debt obligations and payments

The commissioner of finance and administration shall maintain, or cause to be maintained, records on the condition of all debt obligations described in §
9-9-105(a)
and of the payment of the principal of and premium, if any, and interest on such obligations.
Amended by 2013 Tenn. Acts, ch. 176,s 3, eff. 7/1/2013.
Acts 1899, ch. 8, § 1; Shan., § 1068a; 2; Code 1932, § 1802; mod. C. Supp. 1950, § 1802; modified; T.C.A. (orig. ed.), § 9-903; Acts 1985, ch. 118, § 64; 2000, ch. 598, § 1.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 9 - FUNDING OF STATE DEBT (§§ 9-9-101 — 9-9-406) › Part 1 - GENERAL PROVISIONS (§§ 9-9-101 — 9-9-118) › Section 9-9-103 - Debt service payments

There is hereby appropriated to the state funding board on a direct and continuing basis a sum sufficient for payment of debt service (principal, interest and premium, if any) on outstanding bonds and other debt obligations (including notes), amounts due on contracts or agreements authorized under this chapter, and necessary related expenses. The state funding board is authorized to make debt service payments on outstanding bonds and other debt obligations (including notes), and make payments due under contracts and agreements authorized under this chapter, and necessary related expenses, as provided in this section from any funds held in the state treasury not otherwise legally restricted, independent of an appropriation bill as contemplated by chapter 4, part 51 of this title.
Amended by 2013 Tenn. Acts, ch. 176,s 4, eff. 7/1/2013.
Acts 1937, ch. 165, § 1 (Williams, § 1811.12); impl. am. Acts 1949, ch. 52, § 1; modified; T.C.A. (orig. ed.), § 9-904; Acts 1998, ch. 582, § 7; 2001, ch. 264, § 1.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 9 - FUNDING OF STATE DEBT (§§ 9-9-101 — 9-9-406) › Part 1 - GENERAL PROVISIONS (§§ 9-9-101 — 9-9-118) › Section 9-9-104 - Pledge of revenues - Covenants for protection of bondholders

(a)
For the payment of the principal of and interest on the bonds of the state of Tennessee issued under this chapter outstanding as of July 1, 2013, there is hereby pledged the annual proceeds of a tax of not less than five cents (5¢) per gallon upon gasoline, the annual proceeds of the special tax on petroleum products provided for by §
67-3-203
, one-half (1/2) of the annual proceeds of motor vehicle registration fees now or hereafter required to be paid to the state, and the entire annual proceeds of franchise taxes imposed by the franchise tax law, compiled in title 67, chapter 4, part 21. This pledge shall not extend to any bonds issued under this chapter after July 1, 2013.
(b)
As long as any bonds issued under this chapter that were outstanding as of July 1, 2013 remain outstanding, the state of Tennessee hereby covenants with the persons who now or may hereafter hold such bonds that it will not decrease by legislative action any of the fees or taxes that constitute the special revenues pledged by this section, or eliminate from the requirement to pay such fees or taxes any substance, motor vehicle or corporation on account of which the payment of such fees or taxes is now required, and that it will levy a tax of not less than five cents (5¢) per gallon upon gasoline or other motor vehicle fuel, unless the state funding board shall certify that all payments due the state funding board under this chapter have been made in full, that the state is not in default in the payment of any outstanding debt or in the payment of interest thereon, and that such fees and taxes at lower rates to be specified by the state funding board, in such year or years (not exceeding two (2) years), will be sufficient to provide funds adequate to meet all payments required to be made by the state funding board in such year or years, as well as to provide for the other obligations and expenses of the state for such year or years, to be defrayed therefrom, in which event the state of Tennessee shall be under no obligation to charge or levy in such year or years fees or taxes in excess of the rates so certified by the state funding board.
(c)
In no event shall the pledge and covenants set forth in this section extend past or be effective after June 30, 2033.
Amended by 2013 Tenn. Acts, ch. 176, s 5, eff. 7/1/2013.
Acts 1937, ch. 165, § 13 (Williams, § 1811.24); impl. am. Acts 1949, ch. 52, § 1; modified; Acts 1977, ch. 3, § 1; T.C.A. (orig. ed.), § 9-905; Acts 1998, ch. 582, §§ 1, 8.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 9 - FUNDING OF STATE DEBT (§§ 9-9-101 — 9-9-406) › Part 1 - GENERAL PROVISIONS (§§ 9-9-101 — 9-9-118) › Section 9-9-105 - Bonds constitute direct state obligations - Debt obligations constitute a charge and lien - Satisfaction of debt service coverage test

(a)
All bonds issued (and to be issued) under this chapter, all notes issued (and to be issued) in anticipation of such bonds, and all tax revenue anticipation notes issued (and to be issued) under this chapter shall constitute direct general obligations of the state of Tennessee for the payment of the principal of and premium, if any, and interest on which there is also pledged the full faith and credit of the state of Tennessee. Subject only to §
9-9-104(a)
, all such debt obligations shall constitute a charge and lien upon the entire fees, taxes and other revenues and funds allocated to the general fund, the debt service fund, and the highway fund; and, if necessary, upon the first such fees, taxes, revenues and funds thereafter received and allocated to such funds, except only such fees, taxes, revenues and funds as may be otherwise legally restricted.
(b)
The state of Tennessee hereby covenants with the persons who now or may hereafter hold any debt obligations described in §
9-9-105(a)
that it will raise fees, taxes and other revenues sufficient, together with funds on hand derived from all sources, to pay the principal of and premium, if any, and interest on such obligations as and when due and payable.
(c)
(1)
The state of Tennessee hereby covenants with the persons who now or may hereafter hold any bonds issued under this chapter that no bonds shall be issued under this chapter after July 1, 2013, unless the following debt service coverage test is satisfied: the amount necessary to pay the maximum annual debt service payable in the then current or any future fiscal year, is not greater than ten percent (10%) of the amount of total state tax revenue allocated to the general fund, to the debt service fund, and to the highway fund for the immediately preceding fiscal year.
(2)
For purposes of satisfying this test, "state tax revenues" are defined as those taxes, licenses, fees, fines, and permits collected by the department of revenue and allocated to the general fund, the debt service fund, and the highway fund excluding the portion of those taxes shared with local governments.
(3)
"Debt service", for this purpose, means and includes principal of and interest on all outstanding bonds issued under this chapter and the bonds then proposed to be issued under this chapter, in the aggregate; provided, that in determining the outstanding bonds, there shall be excluded any outstanding bonds the payment of which has been fully provided for by funds or securities (including expected income therefrom), or both, set aside for that purpose.
Amended by 2013 Tenn. Acts, ch. 176, s 5, eff. 7/1/2013.
Acts 1937, ch. 165, § 8 (Williams, § 1811.19); modified; T.C.A. (orig. ed.), § 9-906; Acts 1998, ch. 582, § 9.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 9 - FUNDING OF STATE DEBT (§§ 9-9-101 — 9-9-406) › Part 1 - GENERAL PROVISIONS (§§ 9-9-101 — 9-9-118) › Section 9-9-106 - Certification of amount necessary for payment of debt obligations

The state funding board shall certify to the commissioner of finance and administration from time to time, but not less than annually, the amount necessary, together with funds on hand derived from all sources, to enable the board to provide for the payment of the principal of and premium, if any, and interest on all debt obligations described in §
9-9-105(a)
as and when the same shall become due and payable.
Amended by 2013 Tenn. Acts, ch. 176,s 5, eff. 7/1/2013.
Acts 1937, ch. 165, § 8 (Williams, § 1811.19); impl. am. Acts 1949, ch. 52, § 1; modified; impl. am. Acts 1959, ch. 9, § 8; Acts 1973, ch. 336, § 1; T.C.A. (orig. ed.), § 9-907.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 9 - FUNDING OF STATE DEBT (§§ 9-9-101 — 9-9-406) › Part 1 - GENERAL PROVISIONS (§§ 9-9-101 — 9-9-118) › Section 9-9-107 - Payments by state funding board

The state funding board shall provide for the payment of the principal of and premium, if any, and interest on all bonds issued under this chapter, all notes issued in anticipation of such bonds and all tax revenue anticipation notes issued under this chapter, amounts due on contracts or agreements described in §
9-9-202(g) and (h)
or other contracts or agreements relating to such debt obligations, and necessary related expenses incurred under this chapter as the same shall become due, out of the fees, taxes and other revenues and funds available for such purposes.
Amended by 2013 Tenn. Acts, ch. 176,s 5, eff. 7/1/2013.
Acts 1937, ch. 165, §§ 9, 10 (Williams, §§ 1811.20, 1811.21); impl. am. Acts 1959, ch. 9, § 8; T.C.A. (orig. ed.), § 9-908; Acts 2000, ch. 598, § 2.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 9 - FUNDING OF STATE DEBT (§§ 9-9-101 — 9-9-406) › Part 1 - GENERAL PROVISIONS (§§ 9-9-101 — 9-9-118) › Section 9-9-108 - State funding board's authority to deposit or transfer funds

The state funding board may:
(1)
Deposit funds and revenues paid to it in the pooled investment fund authorized by §
9-4-603
or in a deposit account at a bank or trust company located within or without this state, which will give such security for such deposit of the kind and type now required by law for the deposit of other state funds; or
(2)
Transfer cash, pending its application to the payment of the principal of or interest on the outstanding obligations of the state, into a fiduciary or trust account with a bank or trust company located within or without this state, under terms as the board may require to ensure the safety of the funds.
Acts 1937, ch. 165, § 10 (Williams, § 1811.21); impl. am. Acts 1959, ch. 9, § 8; T.C.A. (orig. ed.), § 9-909; Acts 1985, ch. 118, § 65; 2000, ch. 598, § 2.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 9 - FUNDING OF STATE DEBT (§§ 9-9-101 — 9-9-406) › Part 1 - GENERAL PROVISIONS (§§ 9-9-101 — 9-9-118) › Section 9-9-109 - Custodian for securities

The state funding board is expressly authorized to contract with a bank or trust company located within or without this state to act as a custodian for securities held by or for the benefit of the board, including collateral pledged pursuant to §
9-9-108(1)
, under terms as the board may require to ensure the safety of the securities.
Acts 1937, ch. 165, § 3 (Williams, § 1811.14); impl. am. Acts 1959, ch. 9, § 8; T.C.A. (orig. ed.), § 9-910; Acts 1985, ch. 118, § 66; 2000, ch. 598, § 2.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 9 - FUNDING OF STATE DEBT (§§ 9-9-101 — 9-9-406) › Part 1 - GENERAL PROVISIONS (§§ 9-9-101 — 9-9-118) › Section 9-9-110 - Investment of cash not immediately required

Cash in the hands of the state funding board not immediately required for the payment of the principal of or interest on outstanding obligations of the state and held as provided by §
9-9-108
may be invested, in the board's discretion, in general obligation debt of the state of Tennessee or in any other obligations which are legal for the investment of funds of the state of Tennessee, with such yield and maturity as determined by the board after consultation with the state treasurer.
Acts 1937, ch. 165, § 11 (Williams, § 1811.22); impl. am. Acts 1959, ch. 9, § 8; Acts 1977, ch. 3, § 2; T.C.A. (orig. ed.), § 9-911; Acts 1985, ch. 118, § 67; 2000, ch. 598, § 2.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 9 - FUNDING OF STATE DEBT (§§ 9-9-101 — 9-9-406) › Part 1 - GENERAL PROVISIONS (§§ 9-9-101 — 9-9-118) › Section 9-9-111 - Vested rights of holders of debt obligations

The holders of all debt obligations of the state of Tennessee described in §
9-9-105(a)
and all persons who may hereafter purchase such obligations shall have, and are hereby declared to have, a vested right in the performance of the covenants and pledges contained in this chapter, and the performance of the duties imposed upon any officer or agency of the state of Tennessee by or pursuant to this chapter may be enforced by the holder of any such obligation by appropriate proceedings; provided, that no such holders or purchasers of debt obligations issued after July 1, 2013, shall have any such rights with respect to §
9-9-104
.
Amended by 2013 Tenn. Acts, ch. 176,s 6, eff. 7/1/2013.
Acts 1937, ch. 165, § 12 (Williams, § 1811.23); impl. am. Acts 1949, ch. 52, § 1; modified; impl. am. Acts 1959, ch. 9, § 8; Acts 1977, ch. 3, § 5; T.C.A. (orig. ed.), § 9-916; Acts 1998, ch. 582, § 10.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 9 - FUNDING OF STATE DEBT (§§ 9-9-101 — 9-9-406) › Part 1 - GENERAL PROVISIONS (§§ 9-9-101 — 9-9-118) › Section 9-9-112 - Exemption from taxes

Principal of and interest on debt obligations issued under this chapter shall be exempt from taxation by the state, or by any county, municipality or taxing district of the state, except inheritance, transfer and estate taxes.
Amended by 2013 Tenn. Acts, ch. 176,s 6, eff. 7/1/2013.
Acts 1937, ch. 165, § 15 (Williams, § 1811.26); 1977, ch. 3, § 6; T.C.A. (orig. ed.), § 9-917.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 9 - FUNDING OF STATE DEBT (§§ 9-9-101 — 9-9-406) › Part 1 - GENERAL PROVISIONS (§§ 9-9-101 — 9-9-118) › Section 9-9-113 - Bond term not to exceed lifetime of item financed - Tax exempt status

(a)
No funds obtained through the sales of any bonds or notes of the state of Tennessee as provided for by this chapter shall be used to purchase or otherwise obtain any equipment, goods, or services, unless the equipment, goods, or services shall have a reasonably anticipated lifetime of use equal to or greater than the period of time for which the bonds or notes are issued and during which interest is payable for them. The "reasonably anticipated lifetime" within the meaning of this section shall be determined by the state building commission for projects under its jurisdiction and by other appropriate authority designated by the state funding board for all projects or programs not under the jurisdiction of the state building commission. Architectural, engineering, and other like services, which are determined by the state building commission or other appropriate authority designated by the state funding board to be a normal part of the project or program cost are not precluded by this section from funding from bond or note proceeds.
(b)
For the purpose of ensuring that the bonds, notes and other obligations issued after September 1, 1986, pursuant to this chapter maintain their tax-exempt status as may be provided by the Internal Revenue Code of 1986 (26 U.S.C.), as amended, no state officer or employee or user of a project or program shall authorize or allow any change, amendment or modification to a project or program financed or refinanced with the proceeds of such obligations which change, amendment or modification would affect the tax-exempt status of such obligations unless the change, amendment, or modification shall have received the prior approval of the office of state and local finance in the office of the comptroller of the treasury and the state funding board. Failure to receive such approval shall render any change, amendment, or modification null and void.
Amended by 2016 Tenn. Acts, ch. 571,s 3, eff. 3/8/2016.
Acts 1977, ch. 222, § 1; T.C.A., § 9-929; Acts 1987, ch. 114, § 1.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 9 - FUNDING OF STATE DEBT (§§ 9-9-101 — 9-9-406) › Part 1 - GENERAL PROVISIONS (§§ 9-9-101 — 9-9-118) › Section 9-9-114 - Records of state obligations payments

The secretary of the funding board shall keep, or cause to be kept, appropriate records concerning the payment of obligations of the state issued under this chapter, including information regarding items redeemed.
Acts 1957, ch. 297, § 1; T.C.A., § 9-925; Acts 2000, ch. 598, § 3.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 9 - FUNDING OF STATE DEBT (§§ 9-9-101 — 9-9-406) › Part 1 - GENERAL PROVISIONS (§§ 9-9-101 — 9-9-118) › Section 9-9-115 - Destruction of paid or cancelled bonds by paying agent

(a)
The state of Tennessee, acting by resolution of the state funding board, may authorize and direct the paying agent for its bonds, notes and coupons, or other person in possession of its bonds, notes and coupons, to destroy all bonds, notes and coupons duly paid and cancelled.
(b)
Such bonds, notes and coupons duly paid and cancelled during any fiscal year beginning July 1 and ending on the following June 30 may be destroyed only after the fiscal audit of the appropriate state agency covering the fiscal year has been completed, and the department of audit will notify the state funding board that due account has been made of such duly paid and cancelled bonds, notes and coupons. The paying agent or other person in possession of the state's bonds, notes and coupons shall furnish a certified list of bonds, notes and coupons duly paid and cancelled, showing for each issue of bonds and notes: the bond, note and coupon number, the amount, the date paid, and such additional information as the state funding board by resolution may require.
(c)
This section shall be in addition to any other law. Where this section is in conflict with other law, this section shall prevail.
Acts 1977, ch. 273, §§ 1, 2; T.C.A., § 9-930.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 9 - FUNDING OF STATE DEBT (§§ 9-9-101 — 9-9-406) › Part 1 - GENERAL PROVISIONS (§§ 9-9-101 — 9-9-118) › Section 9-9-116 - Technical advice - Expenses of carrying out chapter

The state funding board is hereby authorized to procure such legal and technical advice, approving opinions and such financial assistance as it may consider necessary in connection with the carrying into effect of this chapter, and is also authorized to pay all necessary expenses, including costs of advertisement, printing bonds, certificates and coupons, publication of all releases, purchases of all necessary books and records, and all other incidental expenses as may be necessary. All such expenses, as well as the amount of any discount at which bonds issued under this chapter shall be sold, may be funded by bonds issued under this chapter and authorized heretofore or hereafter by the general assembly, to be issued by the funding board.
Acts 1937, ch. 165, § 14 (Williams, § 1811.25); 1977, ch. 3, § 7; T.C.A. (orig. ed.), § 9-918; Acts 1998, ch. 582, § 2.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 9 - FUNDING OF STATE DEBT (§§ 9-9-101 — 9-9-406) › Part 1 - GENERAL PROVISIONS (§§ 9-9-101 — 9-9-118) › Section 9-9-117 - State immunity preserved

Nothing in this chapter shall be construed as either waiving the immunity of the state of Tennessee from suit or as extending its consent to be sued, notwithstanding any other portion or portions of this chapter to the contrary.
Acts 1937, ch. 165, § 15 (Williams, § 1811.26); T.C.A. (orig. ed.), § 9-919.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 9 - FUNDING OF STATE DEBT (§§ 9-9-101 — 9-9-406) › Part 1 - GENERAL PROVISIONS (§§ 9-9-101 — 9-9-118) › Section 9-9-118 - Authority to establish guidelines, rules and regulations

The state funding board is authorized to establish guidelines, rules or regulations with respect to certain agreements and contracts facilitating the issuance and sale of debt by governmental entities established by private act, including contracts or agreements providing for liquidity and credit enhancement and reimbursement agreements relating thereto, interest rate swap or exchange agreements, agreements establishing interest rate floors or ceilings or both, other interest rate hedging agreements, and agreements with the purchaser of the debt when such agreements and contracts have been authorized under the private act subject to guidelines of the state funding board.
Repealed by 2013 Tenn. Acts, ch. 176,s 7, eff. 7/1/2013.
Acts 1937, ch. 165, § 16 (Williams, § 1811.27); 1977, ch. 3, § 8; T.C.A. (orig. ed.), § 9-920.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 9 - FUNDING OF STATE DEBT (§§ 9-9-101 — 9-9-406) › Part 2 - ISSUANCE AND SALE OF BONDS (§§ 9-9-201 — 9-9-208) › Section 9-9-201 - Obligations subject to funding

All general obligation bonds already issued or which may hereafter be issued by the state of Tennessee shall be subject to financing, refinancing and retirement under this chapter.
Acts 1943, ch. 136, § 1; C. Supp. 1950, § 1811.6 (Williams, § 1811.29a); T.C.A. (orig. ed.), § 9-912.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 9 - FUNDING OF STATE DEBT (§§ 9-9-101 — 9-9-406) › Part 2 - ISSUANCE AND SALE OF BONDS (§§ 9-9-201 — 9-9-208) › Section 9-9-203 - Authority to offer bonds for sale and determine interest rates - Delivery periods

(a)
The funding board is hereby authorized, empowered and directed to offer for sale any and all bonds heretofore or hereafter authorized to be issued by the funding board, and to determine by resolution the maximum rate or rates of interest which such bonds shall bear.
(b)
The funding board may enter into an agreement to sell its bonds under this chapter providing for delivery of its bonds not more than five (5) years or such greater period of time if recommended by the comptroller of the treasury or the comptroller's designee, from the date of execution of such agreement or, in the case of refunding bonds, the earlier of the first date on which the bonds being refunded can be optionally redeemed resulting in cost savings or be optionally redeemed at par.
Acts 1957, ch. 186, § 1; T.C.A., § 9-921; Acts 1999, ch. 425, § 2.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 9 - FUNDING OF STATE DEBT (§§ 9-9-101 — 9-9-406) › Part 2 - ISSUANCE AND SALE OF BONDS (§§ 9-9-201 — 9-9-208) › Section 9-9-204 - Removal of statutory limitations on interest rates

Whenever the interest rate or rates determined by resolution of the funding board exceed those contained in the act or acts authorizing the issuance of such bonds, the rate or rates determined by the funding board shall prevail, it being the legislative intent to remove all statutory limitations regarding maximum interest rates and all such limitations are hereby expressly removed; provided, that the maximum rate determined by the funding board in no instance shall exceed the rate as provided by §
47-14-103
.
Acts 1957, ch. 186, § 2; T.C.A., § 9-922; Acts 1981, ch. 128, § 3; 2010, ch. 982, § 4.