reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 29 - TENNESSEE GOVERNMENTAL ENTITY REVIEW LAW (§§ 4-29-101 — 4-29-253) › Part 1 - ENTITY REVIEW (§§ 4-29-101 — 4-29-124) › Section 4-29-111 - Information, assistance, audits provided to evaluation committee

(a)
All governmental entities shall provide the evaluation committee with any information or assistance it requires.
(b)
The comptroller of the treasury shall perform limited program review audits to aid the review of the evaluation committee and shall, from time to time, counsel and consult with the committee on its informational requirements on the governmental entities being reviewed.
Acts 1977, ch. 452, § 13; T.C.A., § 4-2917.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 29 - TENNESSEE GOVERNMENTAL ENTITY REVIEW LAW (§§ 4-29-101 — 4-29-253) › Part 1 - ENTITY REVIEW (§§ 4-29-101 — 4-29-124) › Section 4-29-112 - Winding up affairs of terminated entity

Upon the termination of any governmental entity under this chapter, it shall continue in existence until June 30 of the next succeeding calendar year for the purpose of winding up its affairs. During that period, termination shall not diminish, reduce, or limit the powers or authorities of each respective governmental entity. When the wind-up period expires, the governmental entity shall cease all activities.
Acts 1977, ch. 452, § 14; T.C.A., § 4-2918.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 29 - TENNESSEE GOVERNMENTAL ENTITY REVIEW LAW (§§ 4-29-101 — 4-29-253) › Part 1 - ENTITY REVIEW (§§ 4-29-101 — 4-29-124) › Section 4-29-113 - Continuation of claims or rights against terminated entity

(a)
This chapter shall not cause the dismissal of any claim or right of any person against any governmental entity or any claim or right of a governmental entity terminated under this chapter that is the subject of litigation. Such claims and rights shall be assumed by the state as of the date of termination.
(b)
If any entity terminated under this chapter has any outstanding bonds or other indebtedness, the state shall preserve the rights of the holders of such bonds or other indebtedness and the obligations and rights of such entity shall accrue to the state.
Acts 1977, ch. 452, § 15; T.C.A., § 4-2919.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 29 - TENNESSEE GOVERNMENTAL ENTITY REVIEW LAW (§§ 4-29-101 — 4-29-253) › Part 1 - ENTITY REVIEW (§§ 4-29-101 — 4-29-124) › Section 4-29-114 - Recommended amendatory legislation - Form

Any legislation that the evaluation committee causes to be introduced shall concern only one (1) governmental entity, and the name of such entity shall be contained in the caption of the bill. However, if the evaluation committee causes legislation to be introduced that would restructure two (2) or more entities by combining their functions, duties or administration, then such legislation may concern all the entities thereby restructured; provided, that the names of all such entities are contained in the caption of the bill.
Acts 1977, ch. 452, § 16; 1979, ch. 8, § 1; T.C.A., § 4-2920.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 29 - TENNESSEE GOVERNMENTAL ENTITY REVIEW LAW (§§ 4-29-101 — 4-29-253) › Part 1 - ENTITY REVIEW (§§ 4-29-101 — 4-29-124) › Section 4-29-115 - Extension of entity's life pending action

If any governmental entity is scheduled to be terminated before the review by the evaluation committee under this chapter is completed and before any legislative action is taken pursuant to §§
4-29-107
- 4-29-110, such entity shall continue its operations for an additional year after which it shall cease to exist without legislation pursuant to §§
4-29-107
- 4-29-110.
Acts 1977, ch. 452, § 16; T.C.A., § 4-2921.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 29 - TENNESSEE GOVERNMENTAL ENTITY REVIEW LAW (§§ 4-29-101 — 4-29-253) › Part 1 - ENTITY REVIEW (§§ 4-29-101 — 4-29-124) › Section 4-29-116 - Change or termination of entity before review date

Nothing in this chapter shall be construed to prohibit the general assembly from terminating an entity covered by its provisions at a date earlier than that provided in this chapter, nor to prohibit the general assembly from considering any other legislation relative to such an entity.
Acts 1977, ch. 452, § 17; T.C.A., § 4-2922.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 29 - TENNESSEE GOVERNMENTAL ENTITY REVIEW LAW (§§ 4-29-101 — 4-29-253) › Part 1 - ENTITY REVIEW (§§ 4-29-101 — 4-29-124) › Section 4-29-117 - Study and recommendations by other committees

Nothing in this chapter shall be construed to prohibit an evaluation committee or any other committee from studying or making recommendations on or concerning any governmental entity.
Acts 1977, ch. 452, § 17; T.C.A., § 4-2923.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 29 - TENNESSEE GOVERNMENTAL ENTITY REVIEW LAW (§§ 4-29-101 — 4-29-253) › Part 1 - ENTITY REVIEW (§§ 4-29-101 — 4-29-124) › Section 4-29-119 - Review of entities not enumerated in chapter

(a)
If any state governmental entity is not scheduled for review in part 2 of this chapter, the comptroller of the treasury shall advise the chairs of the appropriate evaluation committee of the schedule for the limited program review audit for such entity, and such entity shall be reviewed by such evaluation committee in accordance with such schedule and every eight (8) years thereafter.
(b)
It is the duty of the commissioner of finance and administration to advise the comptroller of the treasury and the chairs of the appropriate evaluation committee of any such entity.
Acts 1977, ch. 452, § 19; T.C.A., § 4-2925; Acts 1985, ch. 405, § 8.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 29 - TENNESSEE GOVERNMENTAL ENTITY REVIEW LAW (§§ 4-29-101 — 4-29-253) › Part 1 - ENTITY REVIEW (§§ 4-29-101 — 4-29-124) › Section 4-29-120 - Notification of interested persons - Notification registry - Rules and regulations

(a)
Except as provided in subsection (f), prior to issuing a permit or hearing an appeal from a person who has been denied a permit for a proposed project or action, each department and agency of the state shall provide personal notification to all interested persons who have given the department or agency the information required pursuant to subsection (b). The notification shall be given at least fifteen (15) days prior to the issuance of a permit or hearing an appeal for the purpose of giving all interested persons an opportunity to review and comment on the proposed project or action.
(b)
To effectuate subsection (a), each department and agency of the state shall create and maintain a notification registry for the purpose of allowing individuals who would be affected by the issuance of a permit to contact the department and agency and have the individual's full name and electronic mail address entered in the registry for notification purposes.
(c)
Notice by mail is not required under this section. This section shall not be construed or applied to limit any other law requiring notice.
(d)
The commissioner of each department or executive director of each agency is authorized to promulgate rules and regulations to effectuate the purposes of this section. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in chapter 5 of this title.
(e)
This section shall not apply to persons applying for oil and gas well permits issued by the department of environment and conservation, or to persons who appeal the department's denial of oil and gas well permits.
(f)
Permits issued for subsurface sewage disposal systems pursuant to title 68, chapter 221, part 4 shall be exempt from the requirements of this section.
Acts 2007, ch. 343, §§ 1, 2; 2008, ch. 828, § 1; 2008, ch. 892, §§ 1, 2.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 29 - TENNESSEE GOVERNMENTAL ENTITY REVIEW LAW (§§ 4-29-101 — 4-29-253) › Part 1 - ENTITY REVIEW (§§ 4-29-101 — 4-29-124) › Section 4-29-121 - Regulatory agencies not collecting fees sufficient to pay operating costs

(a)
On or before December 31 each year, the commissioner of finance and administration shall certify to the government operations committees of the senate and the house of representatives and to the office of legislative budget analysis a list containing the name of each regulatory board, commission and entity administratively attached to the division of regulatory boards within the department of commerce and insurance or to the division of health-related boards within the department of health that did not, during the preceding fiscal year, collect fees in an amount sufficient to pay the cost of operating the board, commission or entity.
(b)
Notwithstanding this chapter to the contrary, any such board, commission or entity that is so certified by the commissioner for two (2) consecutive years shall be reviewed by a joint evaluation committee during the next legislative session following the second consecutive fiscal year during which the board, commission or entity operated at a deficit. The review of any such board, commission or entity shall be conducted in accordance with this chapter.
Acts 1988, ch. 706, § 1; 2008, ch. 1191, § 2.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 29 - TENNESSEE GOVERNMENTAL ENTITY REVIEW LAW (§§ 4-29-101 — 4-29-253) › Part 1 - ENTITY REVIEW (§§ 4-29-101 — 4-29-124) › Section 4-29-122 - Notice to evaluation committee of transferred functions

Any department or agency of state government whose functions, duties, or responsibilities are transferred to another department or agency shall notify in writing the evaluation committee created in §
4-29-103
. The agency or department assuming responsibility for such functions, duties, or responsibilities shall be subject to review by the evaluation committee created in §
4-29-103
within two (2) years of such transfer. The evaluation committee may choose to review only those functions, duties, or responsibilities that were transferred, or the evaluation committee may choose to review in its entirety the department or agency assuming responsibility for such functions, duties, or responsibilities.
Acts 1998, ch. 1125, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 29 - TENNESSEE GOVERNMENTAL ENTITY REVIEW LAW (§§ 4-29-101 — 4-29-253) › Part 1 - ENTITY REVIEW (§§ 4-29-101 — 4-29-124) › Section 4-29-123 - Infringement of an entity member's freedom of speech prohibited

(a)
No board, commission, council, committee, authority, task force, or other similar multi-member governmental entity created by statute and subject to review under this part shall promulgate rules, issue statements concerning only the internal management of state government, or issue intra-agency memoranda as described in §
4-5-102(12)
, that infringe on an entity member's freedom of speech in violation of the Constitution of Tennessee, Article I, § 19 or the First Amendment of the United States Constitution. As used in this subsection (a), "freedom of speech" includes, but is not limited to, a governmental entity member's freedom to express an opinion concerning any matter relating to that governmental entity, excluding matters deemed to be confidential under §
10-7-504
.
(b)
Upon a determination by a joint evaluation committee created under §
4-29-103
that reasonable cause exists to believe a governmental entity has infringed on a member's freedom of speech as described in subsection (a), that entity shall be reviewed by that evaluation committee during the next legislative session following the determination. The evaluation committee may make recommendations for legislation to the general assembly concerning the entity's sunset status and rulemaking authority, and the termination of state funding to the entity.
Acts 2018 , ch. 754, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 29 - TENNESSEE GOVERNMENTAL ENTITY REVIEW LAW (§§ 4-29-101 — 4-29-253) › Part 1 - ENTITY REVIEW (§§ 4-29-101 — 4-29-124) › Section 4-29-124 - Promulgation of exemption of members from requirements of rules, policies, guidelines, or statements prohibited

A board, commission, council, committee, authority, task force, or other similar multi-member governmental entity created by statute and subject to review under this chapter shall not promulgate rules, adopt policies or guidelines, or issue statements that exempt a member of the entity from the requirements of such rules, policies, guidelines, or statements solely by virtue of their status as a member of the entity.
Added by 2021 Tenn. Acts, ch. 37, s 1, eff. 3/23/2021.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 29 - TENNESSEE GOVERNMENTAL ENTITY REVIEW LAW (§§ 4-29-101 — 4-29-253) › Part 2 - TERMINATION OF ENTITIES (§§ 4-29-201 — 4-29-253) › Section 4-29-250 - Governmental entities terminated on June 30, 2029

(a)
The following governmental entities terminate on June 30, 2029:
(1)
Beef promotion board, created by §
43-29-118
;
( )
Board of control of the Tennessee corrections institute, created by §
41-7-105
;
(2)
Board of trustees of the college savings trust fund program, created by §
49-7-804
;
( )
Bureau of workers' compensation, created by §
4-3-1408
;
()
Consumer advocate division in the office of the attorney general and reporter, created by §
65-4-118
;
(3)
Doe Mountain recreation authority, created by §
11-25-103
;
()
Medical advisory committee, created by §
50-6-135
;
()
Medical payment committee, created by §
50-6-125
;
(4)
Pork promotion board, created by §
43-29-119
;
(5)
Sam Davis memorial association, board of trustees, created by §
4-13-301
;
(6)
Tennessee advisory commission on intergovernmental relations, created by §
4-10-102
;
(7)
Tennessee consolidated retirement system, board of trustees, created by §
8-34-301
;
(8)
Tennessee dairy promotion committee, created by §
44-19-114
; and
(9)
Tennessee interagency cash flow committee, created by §
9-4-610
;
(10)
Tennessee soybean promotion board, created by §
43-20-102
.
(b)
Each department, commission, board, agency, or council of state government created during calendar year 2027 terminates on June 30, 2029.
(c)
Any governmental entity that has been terminated under this section may be continued, reestablished, or restructured in accordance with this chapter.
Amended by 2024 Tenn. Acts, ch. 518,s 2, eff. 3/1/2024.
Amended by 2024 Tenn. Acts, ch. 499,s 2, eff. 2/21/2024.
Amended by 2024 Tenn. Acts, ch. 498,s 2, eff. 2/21/2024.
Amended by 2024 Tenn. Acts, ch. 496,s 2, eff. 2/21/2024.
Amended by 2024 Tenn. Acts, ch. 492,s 2, eff. 2/21/2024.
Amended by 2023 Tenn. Acts, ch. 30, s 2, eff. 3/10/2023.
Amended by 2023 Tenn. Acts, ch. 17, s 2, eff. 3/6/2023.
Amended by 2023 Tenn. Acts, ch. 14, s 2, eff. 3/6/2023.
Amended by 2023 Tenn. Acts, ch. 11, s 2, eff. 3/6/2023.
Amended by 2023 Tenn. Acts, ch. 5, s 2, eff. 3/6/2023.
Amended by 2021 Tenn. Acts, ch. 51, s 2, eff. 3/29/2021.
Amended by 2021 Tenn. Acts, ch. 47, s 2, eff. 3/29/2021.
Added by 2021 Tenn. Acts, ch. 30, s 2, eff. 3/23/2021.
Added by 2021 Tenn. Acts, ch. 20, s 2, eff. 3/23/2021.
Added by 2021 Tenn. Acts, ch. 2, s 2, eff. 3/23/2021.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 29 - TENNESSEE GOVERNMENTAL ENTITY REVIEW LAW (§§ 4-29-101 — 4-29-253) › Part 2 - TERMINATION OF ENTITIES (§§ 4-29-201 — 4-29-253) › Section 4-29-251 - Governmental entities terminated on June 30, 2030

(a)
The following governmental entities terminate on June 30, 2030:
( )
Board of funeral directors and embalmers, created by §
62-5-201
;
( )
Board of physician assistants, created by §
63-19-103
;
( )
Child care agency licensing board of review, created by §
71-3-510
;
(1)
Domestic violence state coordinating council, created by §
38-12-101
;
(2)
Interstate Compact on Mental Health, created by §
33-9-201
;
(3)
Interstate Compact on the Placement of Children, created by §
37-4-201
;
(4)
Interstate Insurance Product Regulation Compact of 2007, created by §
56-58-101
;
( )
Real estate appraiser commission, created by §
62-39-201
;
(5)
School bond authority, created by §
49-3-1204
;
(6)
Southeast Interstate Low-Level Radioactive Waste Compact, created by §
68-202-701
;
( )
Standards committee, department of children's services, created by §
37-5-516
;
( )
State board of education, created by § 49-1-301;
( )
Tennessee auctioneer commission, created by §
62-19-104
;
(7)
Tennessee center for earthquake research and information, created by §
49-8-602
;
( )
Tennessee central economic authority, created by §
64-5-101
;
( )
Tennessee collection service board, created by §
62-20-104
;
(8)
Tennessee life and health insurance guaranty association, created by §
56-12-205
; and
()
Tennessee real estate commission, created by §
62-13-201
;
(9)
Tennessee residence commission, created by §
4-23-202
; and
()
Trial court vacancy commission, created by §
17-4-301
;
(b)
Each department, commission, board, agency, or council of state government created during calendar year 2028 terminates on June 30, 2030.
(c)
Any governmental entity that has been terminated under this section may be continued, reestablished, or restructured in accordance with this chapter.
Amended by 2024 Tenn. Acts, ch. 663,s 2, eff. 4/9/2024.
Amended by 2024 Tenn. Acts, ch. 536,s 2, eff. 3/7/2024.
Amended by 2024 Tenn. Acts, ch. 535,s 2, eff. 3/7/2024.
Amended by 2024 Tenn. Acts, ch. 515,s 2, eff. 3/1/2024.
Amended by 2024 Tenn. Acts, ch. 508,s 2, eff. 2/21/2024.
Amended by 2024 Tenn. Acts, ch. 507,s 2, eff. 2/21/2024.
Amended by 2024 Tenn. Acts, ch. 504,s 2, eff. 2/21/2024.
Amended by 2024 Tenn. Acts, ch. 503,s 2, eff. 2/21/2024.
Amended by 2024 Tenn. Acts, ch. 493,s 2, eff. 2/21/2024.
Amended by 2024 Tenn. Acts, ch. 491,s 2, eff. 2/21/2024.
Amended by 2024 Tenn. Acts, ch. 490,s 2, eff. 2/21/2024.
Amended by 2022 Tenn. Acts, ch. 730, s 2, eff. 3/24/2022.
Amended by 2022 Tenn. Acts, ch. 639, s 2, eff. 3/11/2022.
Amended by 2022 Tenn. Acts, ch. 637, s 2, eff. 3/11/2022.
Amended by 2022 Tenn. Acts, ch. 635, s 2, eff. 3/11/2022.
Amended by 2022 Tenn. Acts, ch. 634, s 2, eff. 3/11/2022.
Amended by 2022 Tenn. Acts, ch. 631, s 2, eff. 3/11/2022.
Amended by 2022 Tenn. Acts, ch. 630, s 2, eff. 3/11/2022.
Amended by 2022 Tenn. Acts, ch. 629, s 2, eff. 3/11/2022.
Added by 2022 Tenn. Acts, ch. 628, s 2, eff. 3/11/2022.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 29 - TENNESSEE GOVERNMENTAL ENTITY REVIEW LAW (§§ 4-29-101 — 4-29-253) › Part 2 - TERMINATION OF ENTITIES (§§ 4-29-201 — 4-29-253) › Section 4-29-252 - Governmental entities terminated on June 30, 2031

(a)
The following governmental entities terminate on June 30, 2031:
(1)
Psychology Interjurisdictional Compact Act, created by §
63-11-501
.
(b)
Each department, commission, board, agency, or council of state government created during calendar year 2029 terminates on June 30, 2031.
(c)
Any governmental entity that has been terminated under this section may be continued, reestablished, or restructured in accordance with this chapter.
Added by 2023 Tenn. Acts, ch. 10, s 2, eff. 3/6/2023.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 29 - TENNESSEE GOVERNMENTAL ENTITY REVIEW LAW (§§ 4-29-101 — 4-29-253) › Part 2 - TERMINATION OF ENTITIES (§§ 4-29-201 — 4-29-253) › Section 4-29-253 - Government entities terminating on June 30, 2032

(a)
The following governmental entities terminate on June 30, 2032:
( )
Compact for Education, created by §
49-12-201
;
()
Interstate Mining Compact, created by §
59-10-101
;
()
Public records commission, created by §
10-7-302
;
( )
Regional transportation authority of Middle Tennessee, created by § 64-8101;
( )
State election commission, created by §
2-11-101
;
( )
State funding board, created by §
9-9-101
;
( )
Tennessee-Tombigbee Waterway Development Compact, created by §
69-8-101
;
( )
Uniform Law Commission, created by §
4-9-101
;
(b)
Each department, commission, board, agency, or council of state government created during calendar year 2030 terminates on June 30, 2032.
(c)
Any governmental entity that has been terminated under this section may be continued, reestablished, or restructured in accordance with this chapter.
Amended by 2024 Tenn. Acts, ch. 617,s 2, eff. 3/27/2024.
Amended by 2024 Tenn. Acts, ch. 509,s 2, eff. 2/21/2024.
Amended by 2024 Tenn. Acts, ch. 506,s 2, eff. 2/21/2024.
Amended by 2024 Tenn. Acts, ch. 505,s 2, eff. 2/21/2024.
Amended by 2024 Tenn. Acts, ch. 502,s 2, eff. 2/21/2024.
Amended by 2024 Tenn. Acts, ch. 497,s 2, eff. 2/21/2024.
Amended by 2024 Tenn. Acts, ch. 495,s 2, eff. 2/21/2024.
Added by 2024 Tenn. Acts, ch. 494,s 2, eff. 2/21/2024.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 30 - LOCAL GOVERNMENT ELECTRONIC TECHNOLOGY ACT OF 2009 (§§ 4-30-101 — 4-30-103) › Section 4-30-101 - Purpose - Short title

In order to encourage local governments in Tennessee to utilize current electronic technology to perform the business functions of their offices, to ensure the best possible stewardship of public funds and to maintain adequate internal controls, there is created the "Local Government Electronic Technology Act of 2009."
Acts 2009, ch. 96, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 30 - LOCAL GOVERNMENT ELECTRONIC TECHNOLOGY ACT OF 2009 (§§ 4-30-101 — 4-30-103) › Section 4-30-102 - Chapter definitions

As used in this chapter, "local government" means any county, metropolitan government, municipality or other political subdivision of this state.
Acts 2009, ch. 96, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 30 - LOCAL GOVERNMENT ELECTRONIC TECHNOLOGY ACT OF 2009 (§§ 4-30-101 — 4-30-103) › Section 4-30-103 - Use of current electronic technology - Filing of plan before implementing new electronic technology - Contents of plan

(a)
Local governments are encouraged to use current electronic technology to perform the business functions of their offices.
(b)
Prior to any local government implementing new electronic technology associated with the disbursement of public funds, purchasing or the sale of local government assets or the collection of various taxes, fines, fees or payments, the local government shall file a plan with the comptroller of the treasury for comments. The plan shall be filed at least thirty (30) days prior to implementation.
(c)
The plan shall contain the following information:
(1)
A description of the business process and the technology to be utilized;
(2)
A description of the policies and procedures related to the implementation of the electronic technology;
(3)
Documentation of internal controls that will ensure the integrity of the business process; and
(4)
The estimated implementation cost and a statement as to whether the implementation of the new electronic technology will be implemented within the existing operating resources of the office or indicate prior approval of the governing body if additional operating resources are needed.
Acts 2009, ch. 96, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 1 - GENERAL PROVISIONS (§§ 4-31-101 — 4-31-120) › Section 4-31-101 - Short title

This chapter shall be known and may be cited as the "Tennessee Local Development Authority Act."
Acts 1978, ch. 785, § 1; T.C.A., § 4-3101.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 1 - GENERAL PROVISIONS (§§ 4-31-101 — 4-31-120) › Section 4-31-106 - Bonds and notes - Default - Remedies

(a)
In the event that the authority shall default in the payment of principal of or interest and premium, if any, on bonds or notes similarly secured after the same shall become due, whether at maturity or upon call for redemption, and such default shall continue for a period of thirty (30) days, or in the event that the authority shall fail or refuse to comply with this chapter, or shall default in any agreement made with the holders of bonds or notes similarly secured, the holders of twenty-five percent (25%) in aggregate principal amount of such bonds and notes then outstanding, by instrument or instruments filed in the office of the comptroller of the treasury and approved or acknowledged in the same manner as a deed to be recorded, may appoint a trustee to represent the holders of such notes or bonds for the purposes herein provided in this section.
(b)
Such trustee may, and upon written request of the holders of twenty-five percent (25%) in principal amount of such bonds and notes then outstanding shall, in such trustee's own name:
(1)
By suit, action or proceeding at law or in equity in any court of competent jurisdiction, enforce all rights of the bondholders or noteholders, including the right to require the authority to collect the moneys payable to it and to require the authority to carry out any other agreements with the holders of such bonds or notes and to perform its duties under this chapter;
(2)
Bring suit upon such bonds or notes;
(3)
By action or suit, require the authority to account as if it were the trustee of an express trust for the holders of such bonds and notes;
(4)
By action or suit, enjoin any acts or things that may be unlawful or in violation of the rights of the holders of such bonds or notes; and
(5)
Declare all such bonds or notes due and payable and, if all defaults shall be made good, then, with the consent of the holders of the twenty-five percent (25%) of the principal amount of such bonds or notes then outstanding, to annul such declaration and its consequences.
(c)
Such trustee shall, in addition to the foregoing, have and possess all of the powers necessary or appropriate for the exercise of any functions specially set forth herein or incident to the general representation of bondholders or noteholders in the enforcement and protection of their rights.
(d)
Notwithstanding the preceding provisions of this section, the authority may provide in resolution or resolutions authorizing such bonds and notes for the limitation or abrogation of the rights of a trustee if the particular default shall have been remedied or cured or proper action is diligently being pursued by the authority, to remedy or cure default.
Acts 1978, ch. 785, § 6; T.C.A., § 4-3106.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 1 - GENERAL PROVISIONS (§§ 4-31-101 — 4-31-120) › Section 4-31-110 - Bonds and notes issued under Section 4-31-109 - Limitations

(a)
Prior to the issuance of bonds or notes pursuant to §
4-31-109
, the industrial development authority shall file with the authority a certificate to the effect that the pollution control facilities to be financed from the proceeds of such bonds or notes constitute pollution control facilities as defined in this chapter, and that assisting the small business concern in financing such pollution control facilities is in furtherance of the public purpose of abating or controlling pollution in the state.
(b)
Such certificate by an officer of the industrial development authority shall be conclusive evidence that the pollution control facilities to be financed from the proceeds of such bonds or notes are pollution control facilities that may properly be financed from the proceeds of such bonds or notes.
(c)
No bonds or notes shall be authorized by the authority under §
4-31-109
to provide moneys to assist a small business concern in financing pollution control facilities, unless the aforementioned certificate by an officer of the industrial development authority shall have been filed with the authority, and the authority shall receive evidence, as it deems sufficient, that the payments of all moneys by such small business concern that are due under the small business financing agreement entered into by such small business concern and the authority have been guaranteed by the small business administration of the United States under the Small Business Act (
15 U.S.C. § 631
et seq.), and Small Business Investment Act of 1958 (
15 U.S.C. § 661
et seq.), or otherwise.
Acts 1978, ch. 785, § 10; T.C.A., § 4-3110.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 1 - GENERAL PROVISIONS (§§ 4-31-101 — 4-31-120) › Section 4-31-111 - Bonds and notes - Holders' rights preserved

The state does hereby covenant and agree with the holders of any bonds or notes issued under this chapter, that the state will not limit or alter the rights hereby vested in the authority to fulfill the terms of any agreements made with the holders thereof, or in any way impair the rights and remedies of such holders until such bonds or notes, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged.
Acts 1978, ch. 785, § 12; T.C.A., § 4-3111.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 1 - GENERAL PROVISIONS (§§ 4-31-101 — 4-31-120) › Section 4-31-112 - Bonds and notes - Negotiable instruments

Whether or not the bonds or notes issued under this chapter are of such form and character as to be negotiable instruments under the negotiable instruments law, title 47, chapter 3, such bonds or notes shall be and hereby are made negotiable instruments within the meaning of and for all the purposes of the negotiable instruments law, subject only to the provisions of the bonds or notes for registration.
Acts 1978, ch. 785, § 13; T.C.A., § 4-3112.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 1 - GENERAL PROVISIONS (§§ 4-31-101 — 4-31-120) › Section 4-31-113 - Bonds and notes - Tax exemption

The state covenants with the purchasers and all subsequent holders and transferees of bonds and notes issued by the authority pursuant to this chapter, in consideration of the acceptance of and payment therefor, the bonds and notes of the authority issued pursuant to this chapter, and the income therefrom, and all moneys received or to be received by the authority and pledged to pay or to secure the payment of such bonds or notes shall at all times be free from taxation by the state or any local governmental unit or other political corporations or subdivisions thereof, except inheritance, transfer and estate taxes.
Acts 1978, ch. 785, § 14; T.C.A., § 4-3113.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 1 - GENERAL PROVISIONS (§§ 4-31-101 — 4-31-120) › Section 4-31-114 - Bonds and notes - Legal investments and lawful security

(a)
The bonds and notes issued pursuant to this chapter shall be and are hereby declared to be legal and authorized investments for banks, savings banks, trust companies, building and loan associations, insurance companies, fiduciaries, trustees, guardians and for all public funds of the state, any local government unit or other political corporations or subdivisions of the state.
(b)
Such bonds and notes shall be eligible to secure the deposit of any and all public funds of the state and all public funds of local government units or other political corporations or subdivisions of the state, and such bonds and notes shall be lawful and sufficient security for these deposits to the extent of their value when accompanied by all unmatured coupons appertaining thereto.
Acts 1978, ch. 785, § 15; T.C.A., § 4-3114.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 1 - GENERAL PROVISIONS (§§ 4-31-101 — 4-31-120) › Section 4-31-115 - Powers supplemental - Construction

(a)
The powers conferred by this chapter shall be in addition to the powers conferred by other laws, and the limitations imposed by this chapter shall not affect the powers conferred by any other law, general or special, and, except as provided herein, bonds and notes may be issued hereunder notwithstanding any other such law and without regard to the procedure required by any other such law.
(b)
Insofar as this chapter is inconsistent with any other law, general or special, this chapter shall be controlling.
(c)
This chapter shall be liberally construed to effect the purposes hereof.
Acts 1978, ch. 785, § 16; T.C.A., § 4-3115.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 1 - GENERAL PROVISIONS (§§ 4-31-101 — 4-31-120) › Section 4-31-116 - Expenses

Expenses incurred by the authority in carrying out each of the programs authorized by this chapter may be made payable from funds made available to each program pursuant to this chapter, and no liability shall be incurred by the authority beyond the extent to which moneys shall have been so provided.
Acts 1981, ch. 394, § 10.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 1 - GENERAL PROVISIONS (§§ 4-31-101 — 4-31-120) › Section 4-31-117 - Annual report and audit

(a)
(1)
The authority shall, following the close of each fiscal year, submit an annual report of its activities for the preceding fiscal year to the governor and the speakers of each house of the general assembly.
(2)
The report shall set forth a separate and complete operating and financial statement for each of the programs authorized by this chapter.
(b)
The annual report, including financial statements, all books, accounts and financial records of the authority shall be audited annually by the comptroller of the treasury.
(c)
All audits performed by the internal audit staff of the authority shall be performed in accordance with the standards established by the comptroller of the treasury pursuant to §
4-3-304(9)
.
Acts 1981, ch. 394, § 11; 1984, ch. 794, § 2; 2004, ch. 656, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 1 - GENERAL PROVISIONS (§§ 4-31-101 — 4-31-120) › Section 4-31-118 - Loans for acquisition and improvement of mental health and developmental disability facilities

(a)
The authority may enter into loan agreements with any local government unit and any local government unit may enter into loan agreements with the authority for loans for acquisitions and improvement of facilities previously financed under part 7 of this chapter.
(b)
Any loan agreement may include such provisions as may be agreed upon by the authority and the local government and shall additionally include, in substance, the following:
(1)
The amount of the loan as determined by the authority;
(2)
An agreement by the authority to pay part of the amount of the loan to the local government unit during the progress of the acquisition or improvement, or to pay the amount of the loan following completion of the acquisition or improvement, as may be agreed upon by the parties; and
(3)
An agreement by the local government unit:
(A)
To proceed expeditiously with and complete the project;
(B)
To commence operation of the project on its completion, and not to discontinue operations or dispose of the project without the approval of the authority;
(C)
To operate and maintain the project in accordance with applicable provisions of this part and in compliance with rules and regulations of the authority;
(D)
Not to contract with any corporation for profit, private person or firm for that operation of the same notwithstanding any law authorizing such contracts, except upon approval by the authority of an application to the authority;
(E)
To pledge any available sources of revenue to make payment according to a schedule established by the authority, and to make such payments; and
(F)
To establish and maintain adequate financial records for the project, and to cause to be made an annual audit of the financial records and transactions covering each fiscal year in accordance with generally accepted government auditing standards, and to furnish a copy of such audits to the comptroller.
(c)
The authority may promulgate any additional rules or regulations concerning the contract and charges in operations of a capital project.
Acts 2003, ch. 355, § 65.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 1 - GENERAL PROVISIONS (§§ 4-31-101 — 4-31-120) › Section 4-31-119 - Authority of the Tennessee local development authority to allocate the national qualified energy conservation bond limitation - Administration of programs - Issuance of bonds for qualified energy conservation projects

(a)
The state delegates to the Tennessee local development authority the authority to allocate on behalf of the state the portion of the "national qualified energy conservation bond limitation," as defined in § 54D of the Internal Revenue Code of 1986 (
26 U.S.C. § 54D
[repealed]), that is allocated to the state pursuant to § 54D, in a manner consistent therewith. The authority may make such allocations from a list of recommended allocations presented to it by the department of environment and conservation. The department shall consider both state and local government projects and issuers when developing recommendations.
(b)
The department of environment and conservation shall serve as the coordinator and administrator of such qualified energy conservation bond programs, establishing the terms and provisions of the programs and adopting such procedures with respect to such programs as necessary or appropriate.
(c)
The authority has the power and is authorized to issue its negotiable bonds for a qualified energy conservation project as a capital project under part 4 of this chapter if the commissioner of environment and conservation certifies that such project complies with a qualified energy conservation bond program developed by the department, which certification shall be conclusive. In applying §
47-14-103
, and related provisions of title 47, chapter 14, to such bonds issued by the authority, the effective rate of the interest on any such bond shall be determined by reducing the interest payable by the authority with respect to such bond by the amount of payments from the United States treasury department that the authority expected, at the time of the issuance of such bond, to receive with respect to such bond.
Amended by 2016 Tenn. Acts, ch. 743, s 13, eff. 4/7/2016.
Acts 2009 , ch. 608, § 6; 2012 , ch. 957, § 2.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 1 - GENERAL PROVISIONS (§§ 4-31-101 — 4-31-120) › Section 4-31-120 - Bonds and notes - Maintenance of tax-exempt status

For the purpose of ensuring that the bonds or notes authorized under this chapter and issued after March 8, 2016, 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 capital project, pollution control facility, or any other property financed or refinanced, directly or indirectly, with the proceeds of such bonds or notes, including, but not limited to, borrowers under a program loan agreement, shall authorize or allow any change, amendment, or modification to a project or program financed or refinanced, directly or indirectly, with the proceeds of such bonds or notes which change, amendment, or modification would affect the tax-exempt status of such bonds or notes unless the change, amendment, or modification receives the prior approval of the office of state and local finance in the office of the comptroller of the treasury and the authority. Failure to receive such approval shall render any change, amendment, or modification null and void.
Added by 2016 Tenn. Acts, ch. 571,s 1, eff. 3/8/2016.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 2 - TENNESSEE AGRICULTURAL DEVELOPMENT ACT (§§ 4-31-201 — 4-31-206) › Section 4-31-201 - Short title

This part shall be known and may be cited as the "Tennessee Agricultural Development Act."
Acts 1981, ch. 394, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 2 - TENNESSEE AGRICULTURAL DEVELOPMENT ACT (§§ 4-31-201 — 4-31-206) › Section 4-31-202 - Legislative findings

(a)
The general assembly finds and declares that:
(1)
The high cost and limited availability of agricultural financing threatens to halt needed expansion or even perpetuation of many farm operations and related enterprises in Tennessee;
(2)
These conditions severely limit the ability of young persons to begin farming or to carry on family farming traditions;
(3)
Resulting shortages in agricultural commodities will aggravate food price inflation; and
(4)
Resulting reductions in agricultural employment will contribute to overall unemployment with its attendant problems.
(b)
(1)
It is accordingly in furtherance of the interests and welfare of all Tennesseans that the Tennessee local development authority be empowered to issue revenue bonds, and to make the proceeds available for loans to farmers and farm-related enterprises that private industry alone would be otherwise unable to serve, at interest rates lower than would otherwise be obtainable.
(2)
It is intended that the Tennessee local development authority be vested with all powers necessary to the accomplishment of these purposes.
Acts 1981, ch. 394, § 2.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 2 - TENNESSEE AGRICULTURAL DEVELOPMENT ACT (§§ 4-31-201 — 4-31-206) › Section 4-31-203 - Loans - General power of authority

(a)
The authority may make, and undertake commitments to make, loans to or deposits with lenders under the agricultural development loan program for the financing of certain agricultural enterprises under terms and conditions that shall:
(1)
Require the proceeds thereof to be used by such lenders to make loans for agricultural enterprises; and
(2)
Require that no loans made by such lenders to finance a single agricultural enterprise shall exceed the aggregate principal amount of five hundred thousand dollars ($500,000).
(b)
The authority may invest in, purchase or make commitments to invest in or purchase, and take assignments of, loans made by lenders for the construction, rehabilitation or purchase of agricultural enterprises. No loan shall be eligible for investment in, purchase or assignment by the authority:
(1)
If the loan was initially made more than six (6) months prior to the date of investment, purchase or assignment; or
(2)
If the aggregate principal amount of the loan received by a person exceeds five hundred thousand dollars ($500,000), and in computing that amount a loan received by an individual shall be aggregated with those loans received by such individual's spouse and children, and a loan received by a firm, partnership or corporation shall be aggregated with those loans received by each owner, partner or stockholder thereof.
Acts 1981, ch. 394, § 6; 1983, ch. 115, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 2 - TENNESSEE AGRICULTURAL DEVELOPMENT ACT (§§ 4-31-201 — 4-31-206) › Section 4-31-204 - Loans - Prerequisites to action under Section 4-31-203

(a)
Prior to an exercise of powers conferred by §
4-31-203(b)
, the authority shall:
(1)
Require the lender to certify that the loan at the time of making was, is or will be in all respects a prudent investment;
(2)
Require the lender to certify that it would not have made the loan if the authority had not agreed to purchase the loan pursuant to §
4-31-203(b)
;
(3)
Require the lender to certify, if the principal amount of the loan is two hundred thousand dollars ($200,000) or more, that the borrower has obtained at least one (1) written declination of credit from a lender in or near the borrower's local community; and
(4)
Require that the loan involved be insured by a loan insurer or be guaranteed by a loan guarantor or that the payment of principal and interest on the notes or bonds be insured or guaranteed.
(b)
Prior to the exercise of powers conferred by §
4-31-203
, the authority shall for all loans to be made pursuant to the agricultural loan development program for agricultural enterprises:
(1)
Require any type of security that it deems reasonable and necessary;
(2)
Authorize the reservation of funds by lenders in such amounts and subject to such conditions as the authority considers reasonable and necessary; and
(3)
Require that all agriculture enterprises for which funds are advanced, loaned or otherwise provided by the authority under this chapter be in compliance with any state or local land use, zoning, subdivision and other laws applicable to the land upon which such enterprise is located or is to be constructed.
Acts 1981, ch. 394, § 7.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 2 - TENNESSEE AGRICULTURAL DEVELOPMENT ACT (§§ 4-31-201 — 4-31-206) › Section 4-31-206 - False statements - Felony

(a)
It is unlawful for any person to knowingly make, utter or publish a false statement of substance or aid or abet another person in making, uttering or publishing a false statement of substance for the purpose of influencing the authority to make a loan or deposit to finance an agricultural enterprise or to purchase a loan that finances an agricultural enterprise.
(b)
A violation of this section is a Class E felony.
Acts 1981, ch. 394, § 9; 1983, ch. 115, § 1; 1989, ch. 591, § 17.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 3 - INDUSTRIAL DEVELOPMENT LOAN PROGRAM OF 1981 (§§ 4-31-301 — 4-31-308) › Section 4-31-301 - Short title

This part shall be known and may be cited as the "Industrial Development Loan Program of 1981."
Acts 1981, ch. 453, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 3 - INDUSTRIAL DEVELOPMENT LOAN PROGRAM OF 1981 (§§ 4-31-301 — 4-31-308) › Section 4-31-302 - Program established

There is hereby established the industrial development loan program, with the purpose of providing loans to small communities in order to finance public facilities that will support industrial development and generate manufacturing jobs in Tennessee.
Acts 1981, ch. 453, § 2.