reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 3 - TENNESSEE TOLLWAY ACT (§§ 54-3-101 — 54-3-115) › Section 54-3-105 - Establishment of state user fee fund

(a)
The department of finance and administration is authorized to establish such funds, in the state treasury and/or with a trustee, paying agent or other custodian, as may be necessary, convenient or desirable to implement this chapter and to comply with the terms of any resolution or indenture authorizing any bonds.
(b)
The following shall be credited to the state user fee fund as established in accordance with this section:
(1)
All user fee revenues received by the department;
(2)
Any revenues or funds that the general assembly may appropriate to the state user fee fund;
(3)
Any proceeds of bonds or other indebtedness incurred by the state to finance costs associated with the development of user fee facility projects;
(4)
Any funds the department may receive from the federal government or any other government agency or private entity that by grant, donation, loan, or otherwise is permitted to be deposited in the state user fee fund for the purposes of the state user fee fund; and
(5)
Any interest earnings on deposits of or investments made from any funds held in the state user fee fund, unless otherwise permitted or required by a resolution or indenture authorizing bonds.
(c)
At the request of the commissioner, as approved by the board, the state funding board may pledge, encumber, transfer, or otherwise obligate funds held in the state user fee fund as security for bonds, hedging agreements, ancillary agreements or other indebtedness incurred by the state on behalf of the department for the purpose of developing and operating a user fee facility, subject to any resolutions or indentures authorizing bonds or other evidences of indebtedness.
(d)
The state user fee fund may be used for the following purposes:
(1)
To defray costs associated with the development and operation of user fee facilities authorized under this chapter;
(2)
To pay the principal, interest and any premium due with respect to any bonds issued or other indebtedness incurred by the state for any user fee facility project, and to pay any costs incurred by the department or state funding board in connection with the issuance and payment of the bonds or other indebtedness;
(3)
To pledge as security for bonds, hedging agreements, ancillary agreements or other indebtedness incurred by the state on behalf of the department for the purpose of developing and operating a user fee facility; and
(4)
Any other manner that the state highway fund may be lawfully used.
Amended by 2023 Tenn. Acts, ch. 159, s 21, eff. 4/17/2023.
Amended by 2023 Tenn. Acts, ch. 159, s 20, eff. 4/17/2023.
Acts 2007 , ch. 597, § 6.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 3 - TENNESSEE TOLLWAY ACT (§§ 54-3-101 — 54-3-115) › Section 54-3-106 - Department contracting authority

(a)
In addition to other authority to enter into contracts as may be provided by law, the department may enter into user fee facility development agreements and other contracts with private entities, the federal government, or other governmental agencies for the purpose of developing or operating a user fee facility, or a part of a user fee facility, including, but not limited to, the following:
(1)
Contracts with private entities using a project delivery method available to the department by law, pursuant to which all or part of the design, right-of-way acquisition, relocation of utilities, and construction of a user fee facility is accomplished by a private entity or entities on behalf of the department;
(2)
Service agreements for the operation, or the operation and maintenance, of a user fee facility, or appurtenant facility, which may be procured on the basis of competitive sealed bids or the competitive selection of proposals, including the evaluation of qualifications and cost;
(3)
Franchise agreements, concession agreements, or a combination thereof, in accordance with the following conditions:
(A)
The department may procure such agreements in a manner consistent with §
54-6-106
; except, that the department may, but is not required to, accept or evaluate unsolicited proposals for projects;
(B)
The department may refer to §
54-6-110
for guidance on the content of such agreements and to §
54-6-109
for guidance on a preliminary development agreement related to such agreements; and
(C)
The confidentiality provisions in §
54-6-107
apply to both solicited and unsolicited proposals received by the department for such agreements; provided, however, that a proposer submitting an unsolicited proposal must include an executive summary covering the major elements of the proposal and must exclude information from the executive summary that the proposer intends to be kept confidential as proprietary information, as the executive summary is a public record under §
10-7-503
, that may be used to solicit competing proposals; and
(4)
Agreements with the federal government or other governmental agencies for the purpose of undertaking all or part of a user fee facility project.
(b)
With respect to user fee facility development agreements entered into between the department and a private entity, the private entity may be allowed to lease a lane or lanes on the state highway system; provided, however, that the private entity is not allowed to own a lane or lanes on the state highway system.
(c)
A contract or agreement must not be entered into for the operation of a user fee facility with a person or entity appearing on a sanctions list published under the authority of the United States department of the treasury, office of foreign assets control.
Amended by 2023 Tenn. Acts, ch. 159, s 22, eff. 4/17/2023.
Acts 2007 , ch. 597, § 7; 2008 , ch. 684, § 1.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 3 - TENNESSEE TOLLWAY ACT (§§ 54-3-101 — 54-3-115) › Section 54-3-107 - User fees and other restrictions

The commissioner may, subject to the approval of the board, establish user fees, vehicle restrictions, and other fees or restrictions applicable to the operation of user fee facilities as provided in this chapter. The commissioner may enforce fees or restrictions pursuant to this chapter.
Amended by 2023 Tenn. Acts, ch. 159,s 23, eff. 4/17/2023.
Acts 2007 , ch. 597, § 8.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 3 - TENNESSEE TOLLWAY ACT (§§ 54-3-101 — 54-3-115) › Section 54-3-108 - Traffic laws - Failure to pay user fee

(a)
The traffic laws of this state, including the applicable traffic laws of a municipality through which a user fee facility passes, and user fees and use restrictions established by the commissioner, govern the use of a user fee facility authorized under this chapter. State and local law enforcement authorities may enforce the traffic laws and use restrictions.
(b)
Except as provided in subsection (c), the operator of a vehicle that is driven through a user fee facility shall pay the user fee as established under this chapter.
(c)
The following vehicles are exempt from payment of a user fee:
(1)
Law enforcement or other authorized emergency vehicles as defined by §
55-8-101
, regardless of whether the vehicle is responding to an emergency or displaying a flashing light;
(2)
Multiple-passenger vehicles operated by a public transit authority; and
(3)
On a high occupancy user fee lane, vehicles that have been authorized to use an HOV lane free of charge during the time period specified for HOV use.
(d)
The department may, subject to approval of the board, prohibit certain classes of vehicles from operating in a user fee facility through the posting of appropriate signage, wherever the department determines, on the basis of an engineering and traffic investigation that the presence of those vehicles impairs the safe or efficient operation of the user fee facility.
(e)
A person who uses a user fee facility and fails to pay the user fee within ninety (90) days of the person's notice of nonpayment under §
54-3-114
, or a person who operates a prohibited vehicle on a user fee facility, commits a Class C misdemeanor and is subject to a fine of not more than fifty dollars ($50.00).
Amended by 2023 Tenn. Acts, ch. 159, s 24, eff. 4/17/2023.
Acts 2007 , ch. 597, § 9.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 3 - TENNESSEE TOLLWAY ACT (§§ 54-3-101 — 54-3-115) › Section 54-3-110 - Appropriations of the state funding board

By authorizing the issuance of bonds, hedging agreements and ancillary agreements which are not a liability of the state, payable other than from user fee revenues and other moneys on deposit in the state user fee fund, the general assembly intends that such authorizations shall constitute:
(1)
A direct and continuing appropriation to the state funding board of the user fee revenues and other moneys on deposit in the state user fee fund from time to time and to the state funding board a sum sufficient from the state user fee fund to satisfy obligations under the bonds and the resolutions or indentures authorizing the bonds, under hedging agreements, and under ancillary agreements; and
(2)
The authority to expend those funds in accordance with this chapter, subject to any resolutions or indentures authorizing bonds.
Amended by 2023 Tenn. Acts, ch. 159,s 27, eff. 4/17/2023.
Acts 2007 , ch. 597, § 11.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 3 - TENNESSEE TOLLWAY ACT (§§ 54-3-101 — 54-3-115) › Section 54-3-111 - State immunity

Nothing in this chapter shall be construed as either waiving the immunity of the state from suit or as extending its consent to be sued.
Acts 2007, ch. 597, § 12.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 3 - TENNESSEE TOLLWAY ACT (§§ 54-3-101 — 54-3-115) › Section 54-3-112 - Liberal construction

In order to effectuate the purposes and policies prescribed in this chapter, this chapter shall be liberally construed.
Acts 2007, ch. 597, § 13.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 3 - TENNESSEE TOLLWAY ACT (§§ 54-3-101 — 54-3-115) › Section 54-3-113 - Transportation modernization board

(a)
There is established the transportation modernization board. The board consists of five (5) voting members as follows:
(1)
One (1) member to be appointed by the governor;
(2)
One (1) member to be appointed by the speaker of the house of representatives;
(3)
One (1) member to be appointed by the speaker of the senate;
(4)
The governor, ex officio, or the governor's designee; and
(5)
The commissioner of transportation, ex officio, or the commissioner's designee.
(b)
The terms for the initial board members who do not serve ex officio begin on October 1, 2023, and must be staggered as follows:
(1)
The member appointed pursuant to subdivision (a)(1) shall serve an initial term of six (6) years;
(2)
The member appointed pursuant to subdivision (a)(2) shall serve an initial term of five (5) years; and
(3)
The member appointed pursuant to subdivision (a)(3) shall serve an initial term of four (4) years.
(c)
Following the terms for initial board members as provided in subsection (b), the term for a board member who does not serve ex officio is four (4) years. A board member who does not serve ex officio is eligible for reappointment and may serve a maximum of two (2) full terms; provided, however, that an appointment to fill an unexpired term as a result of a vacancy does not count toward the term limit. At the expiration of a board member's term, the member may continue to serve until a successor is appointed or until the member is reappointed.
(d)
Three (3) board members constitute a quorum for the transaction of business. If a quorum is present, a vacancy on the board does not prevent the board from transacting business or otherwise taking an action authorized pursuant to this chapter.
(e)
The commissioner of transportation or the commissioner's designee shall serve as chair. The board shall meet at the call of the chair. The board may elect other officers as the board deems appropriate.
(f)
The department shall provide administrative support to the board.
(g)
The board may exercise the powers and duties necessary to implement this chapter.
Amended by 2023 Tenn. Acts, ch. 159,s 28, eff. 4/17/2023.
Amended by 2013 Tenn. Acts, ch. 308, s 7, eff. 7/1/2013.
Amended by 2013 Tenn. Acts, ch. 236, s 90, eff. 4/19/2013.
Acts 2007 , ch. 597, § 16; 2009 , ch. 54, § 1.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 3 - TENNESSEE TOLLWAY ACT (§§ 54-3-101 — 54-3-115) › Section 54-3-115 - Proprietary records

(a)
Personal information or highly restricted personal information obtained in connection with a motor vehicle record, and thereafter obtained by the department or the department's contractor in connection with the collection of and enforcement of user fees on a user fee facility, is subject to disclosure limitations established in the federal Driver's Privacy Protection Act (
18 U.S.C. § 2721
) and the Uniform Motor Vehicle Records Disclosure Act, compiled in title 55, chapter 25, and must remain confidential as required by such federal and state laws and not be open for public inspection under title 10, chapter 7, nor discoverable in legal proceedings.
(b)
Financial information, transaction history, and information generated by an open road user fee system on a user fee facility related to the collection of a user fee from a person, and which has been obtained by the department or the department's contractor for the purposes of collecting and enforcing user fees on a user fee facility must remain confidential and not be open for public inspection under §
10-7-503
or another law. The department or the department's contractor may use the account information only for purposes of collecting and enforcing user fees. Notwithstanding another law to the contrary, this information is not open to public inspection under §
10-7-503
or another law; provided, however, that the user fee facility account holder may examine the account holder's own account information, and a third party by authority of a proper court order may inspect and examine confidential account information.
(c)
Proposals received by the department for franchise agreements, concession agreements, or some combination of those agreements, related to the design, construction, financing, operation, or maintenance of user fee facilities, and documents used by the department to evaluate and accept or reject such proposals, must remain confidential, not be subject to disclosure to another proposer, and not be open for public inspection pursuant to §
10-7-503
or another law until after the department has selected a proposal and awarded a contract. Proprietary information contained in a proposal for such an agreement, whether a solicited or unsolicited proposal, must remain confidential, not be subject to disclosure to another proposer, and not be open for public inspection pursuant to §
10-7-503
or another law, as provided in §
54-6-107
. For purposes of this subsection (c), "proprietary" has the same meaning as defined in §
54-6-102
.
Added by 2023 Tenn. Acts, ch. 159, s 30, eff. 4/17/2023.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 4 - STATE FUNDS FOR LOCAL AID (§§ 54-4-101 — 54-4-604) › Part 1 - COUNTY AID FUNDS (§§ 54-4-101 — 54-4-105) › Section 54-4-101 - Source - Payment - Use

(a)
All state moneys appropriated or allotted for the maintenance and improvement of county systems shall be known as county aid funds, to be paid over by the commissioner of finance and administration to the trustees of the several counties in the proportion directed in §
54-4-103
, to be used by the county highway authorities in building or maintaining, or both, county roads and bridges; provided, that any county highway may be taken over and constructed, improved or maintained as a hard surface road by the department of transportation out of its own funds.
(b)
Any county has the power and authority by resolution of the governing body of the county, to pledge county aid funds to the punctual payment of principal of and interest on bonds, notes or other evidence of indebtedness issued for the purpose of building, maintaining or improving county roads and bridges, but only after receiving in writing the concurrence of the current superintendent of roads to pledge county aid funds to a bond issue.
Acts 1931, ch. 45, § 1; C. Supp. 1950, § 3291.1; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-401; Acts 1987, ch. 176, § 1.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 4 - STATE FUNDS FOR LOCAL AID (§§ 54-4-101 — 54-4-604) › Part 1 - COUNTY AID FUNDS (§§ 54-4-101 — 54-4-105) › Section 54-4-102 - Liability for unauthorized expenditures

(a)
Any county official or person who authorizes, directs or permits the expenditure of county aid funds for any purpose, except those authorized by this part, shall be personally liable for any unauthorized expenditure of the funds.
(b)
Officials or persons violating this section in concert with others shall be jointly and severally liable.
Acts 1931, ch. 45, § 2; C. Supp. 1950, § 3291.2; Acts 1972, ch. 708, § 1; T.C.A. (orig. ed.), § 54-402; Acts 1981, ch. 366, § 7; 1981, ch. 418, § 4.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 4 - STATE FUNDS FOR LOCAL AID (§§ 54-4-101 — 54-4-604) › Part 1 - COUNTY AID FUNDS (§§ 54-4-101 — 54-4-105) › Section 54-4-104 - Claims paid out of fund

In the event the task of administering a county's pro rata share of the county aid fund is placed on the department of transportation by resolution as provided in §
54-4-103
, and, in carrying on the work on the county roads and bridges, an employee or other person is injured or killed or property damage caused so as to render the department liable to an award of the board of claims, then the award shall be paid out of the county's pro rata share of the county aid fund, regardless of whether the funds are being administered by the department on the date of the award.
Acts 1931, ch. 45, § 3-A, as added by Acts 1945, ch. 179, § 2; C. Supp. 1950, § 3291.4 (Williams, § 3291.3b); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-404; Acts 1981, ch. 264, § 12.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 4 - STATE FUNDS FOR LOCAL AID (§§ 54-4-101 — 54-4-604) › Part 1 - COUNTY AID FUNDS (§§ 54-4-101 — 54-4-105) › Section 54-4-105 - Salary of trustee not increased

Nothing in §
54-4-103
shall be construed to increase the salary of trustees of the counties beyond that fixed by any salary law.
Acts 1937, ch. 152, § 2; C. Supp. 1950, § 3291.6 (Williams, § 3291.3a); T.C.A. (orig. ed.), § 54-405.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 4 - STATE FUNDS FOR LOCAL AID (§§ 54-4-101 — 54-4-604) › Part 2 - MUNICIPAL AID FUNDS (§§ 54-4-201 — 54-4-205) › Section 54-4-201 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Municipal street aid fund" means the funds provided for municipalities by §§
67-3-901
and
67-3-905
;
(2)
"Municipality" means any incorporated city or incorporated town charged with the duty of constructing and maintaining streets within its corporate boundaries;
(3)
"Street" includes streets, highways, avenues, boulevards, publicly owned rights-of-way, bridges, tunnels, public parking areas or other public ways dedicated to public use and maintained for general public travel lying within a municipality's corporate boundaries; and
(4)
"Street improvements" means construction, reconstruction, improvement and maintenance of streets, including paving, repaving, grading and drainage, repairs, cleaning, acquisition and maintenance of rights-of-way, extension and widening of existing streets, elimination of railroad grade crossings, acquisition or lease or lease/purchase of trucks or other equipment necessary in the construction and maintenance of streets, including the purchase, construction or leasing of facilities to store the equipment, street lighting, signage and other traffic control devices, and administrative and other necessary expenses, including labor and employee benefits, in connection with the street improvements.
Acts 1953, ch. 1, § 1 (Williams, § 3407.20); T.C.A. (orig. ed.), § 54-406; Acts 1981, ch. 366, § 9; 1981, ch. 418, § 6; 1993, ch. 178, § 1; 2009, ch. 530, § 98.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 4 - STATE FUNDS FOR LOCAL AID (§§ 54-4-101 — 54-4-604) › Part 2 - MUNICIPAL AID FUNDS (§§ 54-4-201 — 54-4-205) › Section 54-4-205 - Unlawful expenditures a misdemeanor - Liability

It is a Class C misdemeanor for any municipal official or employee to authorize, direct or permit the expenditure of the funds for any purpose, except those authorized by this part. Any municipal official or employee who violates this section shall be personally liable for any unauthorized expenditure of the funds.
Acts 1953, ch. 1, § 5 (Williams, § 3407.24); T.C.A. (orig. ed.), § 54-410; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 4 - STATE FUNDS FOR LOCAL AID (§§ 54-4-101 — 54-4-604) › Part 3 - METROPOLITAN GOVERNMENT AID FUNDS (§§ 54-4-301 — 54-4-302) › Section 54-4-301 - Counties to keep one fund

Those counties having a metropolitan form of government shall keep all funds received under this chapter in one (1) fund to be used for the purposes set out in this chapter.
Acts 1977, ch. 139, § 1; T.C.A., § 54-411.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 4 - STATE FUNDS FOR LOCAL AID (§§ 54-4-101 — 54-4-604) › Part 3 - METROPOLITAN GOVERNMENT AID FUNDS (§§ 54-4-301 — 54-4-302) › Section 54-4-302 - Construction of chapter

Nothing in this chapter shall be construed to require those counties having a metropolitan form of government to keep separate from each other the funds received under this chapter, to keep separate accounting of the funds or to spend the funds in a particular service district.
Acts 1977, ch. 139, § 1; T.C.A., § 54-411.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 4 - STATE FUNDS FOR LOCAL AID (§§ 54-4-101 — 54-4-604) › Part 4 - STATE-AID HIGHWAY SYSTEM (§§ 54-4-401 — 54-4-406) › Section 54-4-401 - Establishment of system

The commissioner is authorized to establish a state-aid highway system in cooperation with local officials.
Acts 1983, ch. 320, § 2; T.C.A., § 54-6-201.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 4 - STATE FUNDS FOR LOCAL AID (§§ 54-4-101 — 54-4-604) › Part 4 - STATE-AID HIGHWAY SYSTEM (§§ 54-4-401 — 54-4-406) › Section 54-4-402 - Powers and duties of commissioner

(a)
The commissioner has full power, and it is made the duty of the commissioner, after consultation with local officials, to designate those highways and roads that are considered of sufficient importance to be included in the state-aid highway system. In the selection and designation of highways and roads as part of the state-aid highway system, the commissioner shall consider any highways and roads that are not a part of the state highway system, the number of miles of highways and roads in each county, and the area and population of each county, traffic volume, type of traffic, land use, and function that each route serves in the county road network.
(b)
After consulting with local officials, the commissioner may make adjustments in the system that appear to be necessary as a result of any change in local conditions and traffic patterns as shown by studies and data of the planning division of the department.
(c)
The commissioner is authorized to lease to local officials any equipment of the department.
Acts 1983, ch. 320, §§ 2, 3; T.C.A., § 54-6-202.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 4 - STATE FUNDS FOR LOCAL AID (§§ 54-4-101 — 54-4-604) › Part 4 - STATE-AID HIGHWAY SYSTEM (§§ 54-4-401 — 54-4-406) › Section 54-4-403 - Annual program of work

When the state-aid highway system has been designated as provided in §
54-4-402
, the local authorities having authority over the selected roads shall submit an annual program to the department specifying the type of work to be performed in the local entity on the state-aid highway system. The types of qualifying work may include the planning, engineering, right-of-way acquisition, construction, improvement, and rehabilitation of roads and bridges. Upon approval of this annual program by the commissioner, within the funds allocated for the local agency, the program of work shall be carried out as provided in this part.
Acts 1983, ch. 320, § 2; T.C.A., § 54-6-203.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 4 - STATE FUNDS FOR LOCAL AID (§§ 54-4-101 — 54-4-604) › Part 4 - STATE-AID HIGHWAY SYSTEM (§§ 54-4-401 — 54-4-406) › Section 54-4-404 - Allocation and expenditure of funds - Matching funds - Bridge replacement

(a)
Funds appropriated to the state-aid highway system shall be allocated to the local agencies to be expended upon the designated highways and roads by the same formula as is set forth in §
54-4-103
.
(b)
No funds shall be either obligated or expended under this program unless the local agency agrees to match the proposed expenditures in an amount of twenty-five percent (25%). All of the required match or a portion of the match may be provided by in-kind contributions.
(c)
A local agency may choose to transfer up to fifty percent (50%) of its funds allocated for the state-aid highway system to its state off-system bridge replacement program, in which case the matching requirements for bridge replacement projects as set forth in chapter 916 of the Public Acts of 1982, § 11, Item 48, shall apply. It may choose to transfer up to that amount to participate in the federal-aid bridge replacement and rehabilitation program.
(d)
If any county has an unexpended balance of funds that have accrued in the state treasury and that are available for the benefit of the county under this part, then the county may use the unexpended balance, in whole or in part, to provide a portion of the local agency share required by subsection (b); provided, that the county shall provide at least two percent (2%) of the approved project costs from county funds or in-kind project work approved by the commissioner of transportation, or both.
Amended by 2019 Tenn. Acts, ch. 129, s 1, eff. 4/9/2019.
Amended by 2017 Tenn. Acts, ch. 442, Secs.s 1, s 2 eff. 5/25/2017.
Amended by 2015 Tenn. Acts, ch. 195, s 2, eff. 4/22/2015.
Acts 1983, ch. 320, § 2; 1985, ch. 219, § 1; T.C.A., § 54-6-204.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 4 - STATE FUNDS FOR LOCAL AID (§§ 54-4-101 — 54-4-604) › Part 4 - STATE-AID HIGHWAY SYSTEM (§§ 54-4-401 — 54-4-406) › Section 54-4-405 - Methods of work

Work authorized by this part shall be done in one (1) of the following methods:
(1)
Upon request of local officials, the department may agree and is fully empowered to act as agent for the local agency to carry out any phase of work authorized on the state-aid highway system;
(2)
All preconstruction activities may be performed by the local agency if accomplished in compliance with reasonable standards, which shall be established by the department; or
(3)
The construction of highways and roads provided for by this part shall be done in one (1) of the following methods:
(A)
By award of a construction contract by a local agency in accordance with procedures approved by the department, which shall include advertisement in a newspaper having circulation in the county in which the work is to be done for at least two (2) weekly issues prior to the date of accepting bids and compliance with a competitive bid procedure consistent with existing laws for the awarding of highway or road construction contracts; or
(B)
In accordance with a negotiated contract between the department and a local agency based upon unit prices to be established by the department; provided, that the department may prescribe rules and regulations necessary to ensure that counties with whom contracts are executed are equipped and qualified to do the work.
Acts 1983, ch. 320, § 2; T.C.A., § 54-6-205.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 4 - STATE FUNDS FOR LOCAL AID (§§ 54-4-101 — 54-4-604) › Part 4 - STATE-AID HIGHWAY SYSTEM (§§ 54-4-401 — 54-4-406) › Section 54-4-406 - Maintenance of roads

Any road designated as a part of the state-aid highway system shall be maintained by the local agency in which the highway or road is located.
Acts 1983, ch. 320, § 2; T.C.A., § 54-6-206; Acts 1991, ch. 133, § 4.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 4 - STATE FUNDS FOR LOCAL AID (§§ 54-4-101 — 54-4-604) › Part 5 - 1990 BRIDGE GRANT PROGRAM ACT (§§ 54-4-501 — 54-4-508) › Section 54-4-501 - Short title

This part shall be known and may be cited as the "1990 Bridge Grant Program Act."
Acts 1990, ch. 717, § 2.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 4 - STATE FUNDS FOR LOCAL AID (§§ 54-4-101 — 54-4-604) › Part 5 - 1990 BRIDGE GRANT PROGRAM ACT (§§ 54-4-501 — 54-4-508) › Section 54-4-502 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Commissioner" means the commissioner of transportation;
(2)
"Department" means the department of transportation; and
(3)
"Local government" means any county, incorporated city or town, and metropolitan form of government, or any of them.
Acts 1990, ch. 717, § 3.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 4 - STATE FUNDS FOR LOCAL AID (§§ 54-4-101 — 54-4-604) › Part 5 - 1990 BRIDGE GRANT PROGRAM ACT (§§ 54-4-501 — 54-4-508) › Section 54-4-503 - Purpose

The general assembly finds and declares it to be in the vital interest of the state that a highway bridge replacement and rehabilitation program be established to enable the local governments to replace or rehabilitate certain bridges within their respective jurisdictions when the commissioner finds that a bridge is structurally deficient or functionally obsolete.
Acts 1990, ch. 717, § 4.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 4 - STATE FUNDS FOR LOCAL AID (§§ 54-4-101 — 54-4-604) › Part 5 - 1990 BRIDGE GRANT PROGRAM ACT (§§ 54-4-501 — 54-4-508) › Section 54-4-504 - Selection process - Eligibility

(a)
The commissioner shall develop a selection process for projects authorized to be funded under this part, and, furthermore, shall establish the policies and procedures by which this program shall be accomplished.
(b)
Eligible bridges shall be those located on public roads, other than those on a federal-aid system or the state system of highways.
(c)
In order for a local government to be considered eligible for participation in this program, it must be in compliance with any department recommendations, concerning the posting and enforcement of load limits, and the closure of structures, based upon national bridge inspection standards. Whenever the commissioner determines that no local government within a county geographical area has taken necessary action to assure maximum utilization of the program, the county geographical area may be considered ineligible to participate in the following fiscal year.
Acts 1990, ch. 717, § 5.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 4 - STATE FUNDS FOR LOCAL AID (§§ 54-4-101 — 54-4-604) › Part 5 - 1990 BRIDGE GRANT PROGRAM ACT (§§ 54-4-501 — 54-4-508) › Section 54-4-505 - Allocation of funds

Subject to the conditions for local government participation set forth in this part, the allocation of funds appropriated to the 1990 bridge grant program each fiscal year shall be in accordance with the general appropriations act.
Acts 1990, ch. 717, § 6.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 4 - STATE FUNDS FOR LOCAL AID (§§ 54-4-101 — 54-4-604) › Part 5 - 1990 BRIDGE GRANT PROGRAM ACT (§§ 54-4-501 — 54-4-508) › Section 54-4-506 - Expending allocated moneys for other roadway purposes

Once the local governments within a county geographical area have addressed the project priorities established by the commissioner, application may be made to the commissioner for permission to expend moneys allocated to the area under this part for other roadway purposes. The commissioner must approve the expenditure, and may require that certain conditions be met in conjunction with the expenditure.
Acts 1990, ch. 717, § 7.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 4 - STATE FUNDS FOR LOCAL AID (§§ 54-4-101 — 54-4-604) › Part 5 - 1990 BRIDGE GRANT PROGRAM ACT (§§ 54-4-501 — 54-4-508) › Section 54-4-507 - Maximum state share of project cost

(a)
The state share payable for a project undertaken pursuant to this part shall be no more than eighty percent (80%) of the approved project cost.
(b)
The local government share shall be at least twenty percent (20%) of the approved project cost. This share may be provided by local government funds and in-kind project work approved by the commissioner, or either of them, wholly or partly.
(c)
The percentage in subsections (a) and (b) shall also apply to any unexpended balance from appropriations prior to 2004 that are not subject to a written agreement between the local government and the department. In the event there exists a written agreement between the department and the local government, then the percentage contained in the agreement shall continue to apply.
(d)
If any county has an unexpended balance of funds that have accrued in the state treasury and that are available for the benefit of the county under this part, then the county may use the unexpended balance, in whole or in part, to provide a portion of the local government share required by subsection (b); provided, that the county shall provide at least two percent (2%) of the approved project costs from county funds or in-kind project work approved by the commissioner of transportation, or both.
Amended by 2014 Tenn. Acts, ch. 573,s 2, eff. 3/28/2014.
Amended by 2016 Tenn. Acts, ch. 981,s 1, eff. 4/27/2016.
Acts 1990, ch. 717, § 8; 1994, ch. 572, § 1; 2004, ch. 512, §§ 2 - 4; 2014, ch. 573, § 2.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 4 - STATE FUNDS FOR LOCAL AID (§§ 54-4-101 — 54-4-604) › Part 5 - 1990 BRIDGE GRANT PROGRAM ACT (§§ 54-4-501 — 54-4-508) › Section 54-4-508 - Project to be maintained by local government

Any project undertaken pursuant to this part shall be maintained by the local government within whose jurisdiction the project lies.
Acts 1990, ch. 717, § 9; 1991, ch. 133, § 4.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 4 - STATE FUNDS FOR LOCAL AID (§§ 54-4-101 — 54-4-604) › Part 6 - HIGH PRIORITY BRIDGE REPLACEMENT PROGRAM (§§ 54-4-601 — 54-4-604) › Section 54-4-601 - Eligibility

(a)
Eligible bridges shall be those located on public roads under the jurisdiction of a local government, and shall not include bridges located on the state system of highways. Any local government that meets the eligibility requirements in §
54-4-504(c)
shall be eligible for participation in the high priority bridge replacement program.
(b)
For purposes of this part, "bridge" means a structure on a public road, including supports, erected for carrying traffic over a depression or an obstruction, such as water or a highway or railway, and having an opening measured along the center of the roadway of more than twenty feet (20') between under-copings of abutments or spring lines of arches, or extreme ends of openings for multiple boxes; it may also include multiple pipes, where the clear distance between openings is less than half of the smaller contiguous opening.
Added by 2017 Tenn. Acts, ch. 425,s 2, eff. 7/1/2017.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 4 - STATE FUNDS FOR LOCAL AID (§§ 54-4-101 — 54-4-604) › Part 6 - HIGH PRIORITY BRIDGE REPLACEMENT PROGRAM (§§ 54-4-601 — 54-4-604) › Section 54-4-602 - Selection process

The commissioner of transportation shall establish criteria for the selection of projects to be funded under the high priority bridge replacement program based on the numbers and structural condition of bridges identified through the National Bridge Inventory as compiled by the department of transportation and other relevant information the commissioner may consider appropriate.
Added by 2017 Tenn. Acts, ch. 425,s 2, eff. 7/1/2017.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 4 - STATE FUNDS FOR LOCAL AID (§§ 54-4-101 — 54-4-604) › Part 6 - HIGH PRIORITY BRIDGE REPLACEMENT PROGRAM (§§ 54-4-601 — 54-4-604) › Section 54-4-603 - Funding

(a)
Funding for the high priority bridge replacement program shall be separate from funding for the state bridge grant program established in part 5 of this chapter.
(b)
The expenditure of funds under this program shall be based on need as determined by the commissioner of transportation and shall not be subject to the formula governing the allocation of funds under the state bridge grant program established in part 5 of this chapter.
(c)
The state share payable for a project undertaken pursuant to this part may be up to one hundred percent (100%) of the project cost approved by the department of transportation.
(d)
The department of transportation may use funds available through federal, state, or local sources to implement this program.
Added by 2017 Tenn. Acts, ch. 425,s 2, eff. 7/1/2017.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 4 - STATE FUNDS FOR LOCAL AID (§§ 54-4-101 — 54-4-604) › Part 6 - HIGH PRIORITY BRIDGE REPLACEMENT PROGRAM (§§ 54-4-601 — 54-4-604) › Section 54-4-604 - Maintenance of projects

Any project undertaken pursuant to this part shall be maintained by the local government, as defined in §
54-4-502
, within whose jurisdiction the project lies.
Added by 2017 Tenn. Acts, ch. 425,s 2, eff. 7/1/2017.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 5 - STATE HIGHWAYS (§§ 54-5-101 — 54-5-1402) › Part 1 - GENERAL PROVISIONS (§§ 54-5-101 — 54-5-145) › Section 54-5-101 - System of state highways - Designation by department for construction, repair or maintenance

The department of transportation has full power, and it is made its duty, through its highway engineers or otherwise, to designate a system of state highways, to designate the road or roads to be constructed, repaired, or maintained by the use of the funds mentioned in chapter 2 of this title, and to lay out and locate all such roads.
Acts 1917, ch. 74, § 5; Shan., § 1720a29b16 (p. 6549); Shan. Supp., § 1720a7b47; Code 1932, § 3205; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-501; Acts 1981, ch. 264, § 12.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 5 - STATE HIGHWAYS (§§ 54-5-101 — 54-5-1402) › Part 1 - GENERAL PROVISIONS (§§ 54-5-101 — 54-5-145) › Section 54-5-102 - Main traveled roads - Designation

(a)
The commissioner is given the power to proceed to designate main traveled roads, with a view to connecting all county seats, and also to designate other main traveled roads, that are deemed of sufficient importance to be included in the general highway plan of the state, and receive for their construction and improvement financial aid under this chapter and chapters 1 and 2 of this title.
(b)
It is the intent of the general assembly that all county seats should be connected by a four-lane highway to the nearest interstate highway by the best route available.
Acts 1919, ch. 149, § 7; impl. am. Acts 1923, ch. 7, §§ 1, 2, 33; Shan. Supp., § 1720a7b7; Code 1932, § 3176; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-502; Acts 1981, ch. 264, § 12; 1995, ch. 348, § 3; 2007, ch. 155, § 1.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 5 - STATE HIGHWAYS (§§ 54-5-101 — 54-5-1402) › Part 1 - GENERAL PROVISIONS (§§ 54-5-101 — 54-5-145) › Section 54-5-103 - Chapter definitions

As used in this chapter and chapters 1 and 2 of this title, unless the context otherwise requires:
(1)
"Commissioner" means the commissioner of transportation;
(2)
"Department" means the department of transportation; and
(3)
"Road" or "highway" is construed to include all bridges upon or that form a part of the highway to be constructed, reconstructed or maintained under this chapter and chapters 1 and 2 of this title.
Acts 1919, ch. 149, § 13; Shan. Supp., § 1720a7b13; Code 1932, § 3182; T.C.A. (orig. ed.), § 54-503.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 5 - STATE HIGHWAYS (§§ 54-5-101 — 54-5-1402) › Part 1 - GENERAL PROVISIONS (§§ 54-5-101 — 54-5-145) › Section 54-5-104 - Eminent domain

(a)
The department is authorized to condemn the fee to, or an easement in, lands that may be necessary, suitable, or desirable for the construction, reconstruction, development, enlargement, maintenance, repair, drainage, or protection of any street, road, highway, freeway, or parkway, by the officials charged by law with the maintenance or construction of the street, road, highway, freeway, or parkway, including the power to acquire easements in lands adjacent to the lands for related slopes and drainage and any other similar purposes.
(b)
This section applies to all transportation purposes, as well as for highway purposes.
Acts 1917, ch. 74, § 5; Shan., § 1720a29b17 (p. 6549); Shan. Supp., § 1720a7b48; mod. Code 1932, § 3206; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; Acts 1973, ch. 49, § 1; T.C.A. (orig. ed.), § 54-504; Acts 1981, ch. 264, § 12.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 5 - STATE HIGHWAYS (§§ 54-5-101 — 54-5-1402) › Part 1 - GENERAL PROVISIONS (§§ 54-5-101 — 54-5-145) › Section 54-5-105 - Attorneys general to represent department

The attorney general and reporter and the district attorney general in each case shall act as attorneys for the department without additional compensation.
Acts 1917, ch. 74, § 5; Shan., § 1720a29b18 (p. 6550); Shan. Supp., § 1720a7b49; Code 1932, § 3207; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; modified; T.C.A. (orig. ed.), § 54-505; Acts 1981, ch. 264, § 12.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 5 - STATE HIGHWAYS (§§ 54-5-101 — 54-5-1402) › Part 1 - GENERAL PROVISIONS (§§ 54-5-101 — 54-5-145) › Section 54-5-106 - Judgments and expenses in condemnation cases paid out of county general funds

All judgments rendered and other expenses necessarily incurred in condemnation proceedings shall be paid out of the general funds of the county in which the expenses are incurred and standing to the credit of the trustee, on the warrant or voucher of the county mayor drawn under the direction of the commissioner.
Acts 1917, ch. 74, § 5; Shan., § 1720a29b19 (p. 6550); impl. am. Acts 1923, ch. 7, §§ 1, 2, 33; Shan. Supp., § 1720a7b50; Code 1932, § 3208; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 54-506; Acts 1981, ch. 264, § 12; 2003, ch. 90, § 2.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 5 - STATE HIGHWAYS (§§ 54-5-101 — 54-5-1402) › Part 1 - GENERAL PROVISIONS (§§ 54-5-101 — 54-5-145) › Section 54-5-107 - Injunctions against interference - Cost bond unnecessary - Prompt hearings

(a)
No cost bond is necessary in the suit. Injunction may be sought and obtained against all persons interfering in any way with the work of the department or any of its assistants or employees engaged in locating, laying out, or constructing any such roads.
(b)
It is the duty of all the chancellors and trial judges to grant injunctions and make all other orders that will facilitate the work of the department in locating and constructing roads under this part, and they shall promptly hear all cases in which the department may be interested.
Acts 1917, ch. 74, § 5; Shan., § 1720a29b20 (p. 6550); Shan. Supp., § 1720a7b51; Code 1932, § 3209; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-507; Acts 1981, ch. 264, § 12.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 5 - STATE HIGHWAYS (§§ 54-5-101 — 54-5-1402) › Part 1 - GENERAL PROVISIONS (§§ 54-5-101 — 54-5-145) › Section 54-5-108 - Cooperation by department with federal government in designating roads, and in erection of danger signals and safety devices

(a)
(1)
The department has full power, and it is made its duty, acting through its commissioner, to cooperate with the federal government in formulating and adopting a uniform system of numbering or designating roads of interstate character within this state, and in the selection and erection of uniform danger signals and safety devices for the protection and direction of traffic on those highways.
(2)
The department is empowered to expend out of the funds of the department any and all amounts necessary in the carrying out of this section.
(b)
The department has full power, and it is made its duty, acting through its commissioner, to formulate and adopt a manual for the design and location of signs, signals, markings, and for posting of traffic regulations on or along all streets and highways in Tennessee, and no signs, signals, markings or postings of traffic regulations shall be located on any street or highway in the state regardless of type or class of the governmental agency having jurisdiction of the streets and highways, except in conformity with the provisions contained in the manual.
Acts 1925, ch. 52, §§ 1, 2; Shan. Supp., §§ 1720a7b28, 1720a7b29; Code 1932, §§ 3187, 3188; Acts 1965, ch. 160, § 1; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-508; Acts 1981, ch. 264, § 12.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 5 - STATE HIGHWAYS (§§ 54-5-101 — 54-5-1402) › Part 1 - GENERAL PROVISIONS (§§ 54-5-101 — 54-5-145) › Section 54-5-109 - Plans and specifications and contracts for building each road or bridge authorized

The department has full power, in conformity with the rules and regulations made or to be made by any officer or agency of the federal government authorized to make rules under any act of congress granting funds for the construction of roads, or rules made or to be made by the department, to make all plans and specifications for the building of each particular road or bridge to be constructed under its direction, to make all contracts for the construction of the road or bridge, and to supervise and superintend the construction of the road or bridge.
Acts 1917, ch. 74, § 6; Shan., § 1720a29b21 (p. 6550); Shan. Supp., § 1720a7b52; Code 1932, § 3210; modified; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-509; Acts 1981, ch. 264, § 12.