reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 14 - OFFICE OF EVALUATION AND ANALYSIS (§§ 3-14-101 — 3-14-204) › Part 1 - OFFICE OF PROGRAM EVALUATION (§§ 3-14-101 — 3-14-109) › Section 3-14-105 - Reports

Evaluative reports prepared by the office shall include, but are not limited to:
(1)
Evaluation of the present program;
(2)
Evaluation of the implementation procedures; and
(3)
Recommendations on changes needed in the program, implementation, funding level, statutory authority, or department organization.
Acts 1977, ch. 317, § 4; T.C.A., § 3-1405.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 14 - OFFICE OF EVALUATION AND ANALYSIS (§§ 3-14-101 — 3-14-204) › Part 1 - OFFICE OF PROGRAM EVALUATION (§§ 3-14-101 — 3-14-109) › Section 3-14-106 - Division of advocacy - Duties

The office of program evaluation shall have a permanent division of advocacy for the developmentally disabled which may perform, or contract for the performance of, those advocacy functions required by federal law. The division may receive and expend, through the office of program evaluation, such federal funds as are or may become available under federal law as well as any state funds appropriated for its purposes.
Acts 1977, ch. 317, § 5; T.C.A., § 3-1406.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 14 - OFFICE OF EVALUATION AND ANALYSIS (§§ 3-14-101 — 3-14-204) › Part 1 - OFFICE OF PROGRAM EVALUATION (§§ 3-14-101 — 3-14-109) › Section 3-14-107 - Expenditure of funds

The office of program evaluation shall have the authority to expend appropriated state funds and receive and expend available federal, foundation, or other funds.
Acts 1977, ch. 317, § 6; T.C.A., § 3-1407.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 14 - OFFICE OF EVALUATION AND ANALYSIS (§§ 3-14-101 — 3-14-204) › Part 1 - OFFICE OF PROGRAM EVALUATION (§§ 3-14-101 — 3-14-109) › Section 3-14-108 - Coordination with other programs and governments

(a)
The office of program evaluation shall coordinate its activities with those of all other legislative programs in order to avoid duplication of effort.
(b)
All documents, records, and other information of state and local governments shall be made available to the office upon request. All facilities of state and local government shall be open to the office upon request.
(c)
No action of the office shall violate appropriate state or federal privacy legislation.
Acts 1977, ch. 317, § 7; T.C.A., § 3-1408.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 14 - OFFICE OF EVALUATION AND ANALYSIS (§§ 3-14-101 — 3-14-204) › Part 1 - OFFICE OF PROGRAM EVALUATION (§§ 3-14-101 — 3-14-109) › Section 3-14-109 - Records are public - Exceptions

(a)
All books, papers, records, and correspondence pertaining to the work of the office are public records except:
(1)
Intraoffice memoranda made by the director or the director's staff;
(2)
Work papers and correspondence with any committee or member of the general assembly; and
(3)
Any material supplied to the office by a state or local government agency or department which, under applicable law, would remain confidential in the hands of that agency or department.
(b)
Such papers and correspondence may become public records whenever the speakers shall so order.
(c)
The office has the authority to withhold from the public record any information supplied to the office or to a committee of the general assembly or a member of the general assembly by an individual who requests such confidentiality.
Acts 1977, ch. 317, § 8; T.C.A., § 3-1409.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 14 - OFFICE OF EVALUATION AND ANALYSIS (§§ 3-14-101 — 3-14-204) › Part 2 - OFFICE OF LEGISLATIVE BUDGET ANALYSIS (§§ 3-14-201 — 3-14-204) › Section 3-14-201 - Duties

(a)
There is created the office of legislative budget analysis which has the duty to:
(1)
Conduct detailed analyses of the state's budget and its content including recommended appropriations, expenditures, revenues, work programs, recommended appropriations for capital projects, recommended improvements, recommended carry-over appropriations, recommended supplemental appropriations, and other aspects of the budget, and shall review and report on such items as the status of the reserve account for revenue fluctuations, the amount of state-bonded indebtedness, and the status and condition of the financing of state programs;
(2)
Assist the speakers in reviewing and analyzing the state funding board reports of the estimated rate of growth of the state's economy;
(3)
Conduct detailed analyses of the impact of complex legislation and summarize the short-term and long-term impact of such legislation on the state's budgeting and financing methods and sources;
(4)
Examine and make recommendations on the short-term and long-term effect of public policy decisions of the general assembly and make recommendations for changes in overall public policy designed to bring about efficiencies and economies;
(5)
Assist members and committees of the general assembly with budget analysis; and
(6)
Perform such other duties as may be assigned by the speakers.
(b)
It is also the duty of the office of legislative budget analysis to jointly monitor federal grants and information management responsibility with the fiscal review committee in accordance with §
3-7-110
. The monitoring and information management responsibility shall be administered by one (1) staff person in the office of legislative budget analysis and one (1) staff person from the staff of the fiscal review committee. The staff of the fiscal review committee and the office of legislative budget analysis shall jointly monitor, analyze, and manage information concerning federal grants programs, including, but not limited to, social services grant funds, in order to inform members of the general assembly concerning such grants. The directors of the staff of the fiscal review committee and of the office of legislative budget analysis shall jointly make such reports as are appropriate to the speakers of the house of representatives and of the senate and to the fiscal review committee.
(c)
The office of legislative budget analysis shall not propose a general appropriations bill.
Acts 1999, ch. 497, § 2.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 14 - OFFICE OF EVALUATION AND ANALYSIS (§§ 3-14-101 — 3-14-204) › Part 2 - OFFICE OF LEGISLATIVE BUDGET ANALYSIS (§§ 3-14-201 — 3-14-204) › Section 3-14-203 - Appointment of director and other personnel

The joint legislative services committee shall appoint, subject to the approval of the speaker of the senate and the speaker of the house of representatives, a director of the office of legislative budget analysis who shall be a graduate of an accredited college or university, shall have five (5) or more years of experience in the field of state budget analysis and review, and shall have such training or practical experience in government as may be deemed necessary to perform the duties of the office. The director of the office of legislative budget analysis and other personnel shall be chosen without reference to party affiliation but solely on the basis of fitness to perform the duties of the office. The director shall serve at the pleasure of the committee. The committee shall determine the compensation of the director, while the compensation of other personnel shall be determined by the committee upon recommendation of the director. Personnel shall be employed on recommendation of the director with the approval of the speakers. The office of legislative budget analysis shall be the successor office to the existing legislative budget office and the director, all personnel, office furnishings, office equipment and supplies in use by the existing office of legislative budget analysis shall be transferred to the office created by this part and such director and staff shall be the director and staff of the office created by this part.
Acts 1999, ch. 497, § 4.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 14 - OFFICE OF EVALUATION AND ANALYSIS (§§ 3-14-101 — 3-14-204) › Part 2 - OFFICE OF LEGISLATIVE BUDGET ANALYSIS (§§ 3-14-201 — 3-14-204) › Section 3-14-204 - Office space

Suitable office space and facilities shall be provided in Nashville convenient to the general assembly.
Acts 1999, ch. 497, § 5.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 16 - OFFICE OF LEGISLATIVE INFORMATION SYSTEMS (§§ 3-16-101 — 3-16-104) › Section 3-16-101 - Creation - Duties

There is created the office of legislative information systems for the general assembly, which has the duty to:
(1)
Operate an automated data processing center and perform computing and programming services as are required for data processing applications by the members of the general assembly, the legislative committees, the offices of legislative administration and legal services, the clerks of the senate and house of representatives, and the fiscal review committee in the performing of their respective duties;
(2)
Cooperate and consult with the chief clerk of the senate, the chief clerk of the house of representatives, the directors of all offices under the control of the committee in developing and maintaining computer programs and services required for the operation of such offices;
(3)
Advise the joint legislative services committee on matters relating to computer services and computer needs and uses of the legislative computer system;
(4)
Maintain on its electronic data processing equipment the complete text of Tennessee Code Annotated for the use of the general assembly and its staff and the Tennessee code commission and its staff;
(5)
Coordinate and administer the scheduling and use of computer programs and machine time to facilitate application of computer and other office machine technology for the storing and retrieving all of the financial, factual, procedural, legal and other information necessary to serve all of the committees, officers and agencies of the general assembly; and
(6)
Perform all other duties the joint legislative services committee, the speakers, or the general assembly may deem essential to the efficient operation of the legislative branch.
Acts 1987, ch. 163, §2; 2010 , ch. 1077, § 2.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 16 - OFFICE OF LEGISLATIVE INFORMATION SYSTEMS (§§ 3-16-101 — 3-16-104) › Section 3-16-102 - Director of legislative information systems

The joint legislative services committee shall appoint, subject to the approval of the speaker of the senate and the speaker of the house of representatives, a director of legislative information systems, who shall be a graduate of an accredited college or university and shall have not less than five (5) years of practical experience in computer technology, including administrative and technical responsibility for developing and implementing a computer-oriented data processing system. The director and other personnel shall be chosen without reference to party affiliation but solely on the basis of fitness to perform the duties of the office. The director shall serve at the pleasure of the committee. The committee shall determine the compensation of the director, while the compensation of other personnel shall be determined by the committee upon recommendation of the director. Personnel shall be employed on recommendation of the director with the approval of the speakers.
Acts 1987, ch. 163, §3; 2010 , ch. 1077, § 2.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 16 - OFFICE OF LEGISLATIVE INFORMATION SYSTEMS (§§ 3-16-101 — 3-16-104) › Section 3-16-103 - Control, operation, and maintenance of legislative computer system and equipment

The joint legislative services committee shall, through the office of legislative information systems, control, operate, and maintain the legislative computer system and the use of electronic data processing equipment in the legislative branch. The committee shall adopt policies, procedures, and guidelines for such system. Section
3-10-104
shall be applicable to such policies, procedures, and guidelines.
Acts 1987, ch. 163, §4; 2010 , ch. 1077, § 2.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 16 - OFFICE OF LEGISLATIVE INFORMATION SYSTEMS (§§ 3-16-101 — 3-16-104) › Section 3-16-104 - Office space and facilities

Suitable office space and facilities shall be provided in Nashville convenient to the general assembly.
Acts 1987, ch. 163, § 5.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 17 - TENNESSEE NONPROFIT GAMING LAW (§§ 3-17-101 — 3-17-116) › Section 3-17-101 - Short title

This chapter shall be known and may be cited as the "Tennessee Nonprofit Gaming Law."
Amended by 2015 Tenn. Acts, ch. 134,s 1, eff. 4/14/2015.
Acts 2004, ch. 476, § 1.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 17 - TENNESSEE NONPROFIT GAMING LAW (§§ 3-17-101 — 3-17-116) › Section 3-17-107 - Public records - Release of information

Applications, reports, and all other documents and information required to be filed under this chapter, or by the secretary, shall be public records in the office of the secretary. The secretary, in the secretary's discretion, may compile, summarize, publish, or otherwise release to the public any information contained in applications and any other documents filed with or received by the secretary under this chapter.
Acts 2004, ch. 476, § 2.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 17 - TENNESSEE NONPROFIT GAMING LAW (§§ 3-17-101 — 3-17-116) › Section 3-17-108 - Recordkeeping

(a)
Every nonprofit organization subject to this chapter and the rules and regulations prescribed by the secretary, shall keep:
(1)
True and accurate fiscal records including, but not limited to, all income and expenses; and
(2)
True and accurate records regarding the conduct of any annual event, including records of any documents, information, notices, or applications required to be prepared or filed pursuant to this chapter. Unless otherwise provided, such records shall be retained for a period of at least five (5) years after the event date to which they relate.
(b)
Upon request and at a reasonable time and place within Tennessee, such records, as well as any other records regarding annual events within this state, shall be made available to the secretary, the state and local government committee of the senate and the state government committee of the house of representatives, the attorney general and reporter, or an appropriate district attorney general for inspection.
Amended by 2015 Tenn. Acts, ch. 134, s 18, eff. 4/14/2015.
Amended by 2013 Tenn. Acts, ch. 236, s 64, eff. 4/19/2013.
Acts 2004, ch. 476, §2; 2011 , ch. 410, § 8.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 17 - TENNESSEE NONPROFIT GAMING LAW (§§ 3-17-101 — 3-17-116) › Section 3-17-109 - Restrictions on purchase of tickets, shares, chances, or similar records - Restrictions on prizes and awards

(a)
No ticket, share, chance or similar record shall be purchased by and no prize or award shall be paid to:
(1)
Any member of the board of directors of a nonprofit organization authorized by the general assembly to operate an annual event for such organization;
(2)
Any officer or employee of a nonprofit organization authorized by the general assembly to operate an annual event for such organization;
(3)
Any member of the immediate family of any person described in subdivisions (a)(1) or (a)(2) residing as a member of the same household in the principal place of residence of any such person;
(4)
Any member of the general assembly during such member's term of office as a member of the general assembly; or
(5)
The secretary or any employee of the secretary during the secretary's term of office and such employee's term of employment with the secretary.
(b)
No ticket, share, chance or similar record for any specific authorized annual event shall be purchased by, and no prize or award shall be paid to:
(1)
Any person providing printing services, telephone services and any records, devices or other gaming related supplies to conduct such specific authorized annual event;
(2)
Any officer, employee, agent or subcontractor of any person described in subdivision (b)(1); or
(3)
Any member of the immediate family of any person described in subdivisions (b)(1) or (b)(2) residing as a member of the same household in the principal place of residence of any such person.
(c)
For the purposes of this section, "immediate family" means a spouse, child, step-child, brother, sister, son-in-law, daughter-in-law, parent or grandparent.
(d)
No ticket, share, chance or similar record for any specific authorized annual event shall be purchased by, and no prize or award shall be paid to, any individual providing prizes or any member of the immediate family of any individual providing prizes residing as a member of the same household in the principal place of residence of such individual.
(e)
If an ineligible person is selected to win a prize or award, the organization shall not disburse the prize or award to the ineligible person but shall select a different person to whom the prize or award shall be paid. Notwithstanding any provision of this chapter to the contrary, the organization shall select a new winner within thirty (30) calendar days of the date on which the organization received notice of the ineligible winner.
Amended by 2018 Tenn. Acts, ch. 568,s 1, eff. 3/16/2018.
Amended by 2016 Tenn. Acts, ch. 821,s 6, eff. 7/1/2016.
Amended by 2015 Tenn. Acts, ch. 134,s 19, eff. 4/14/2015.
Acts 2004, ch. 476, § 2; 2005, ch. 207, §§ 19, 20.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 17 - TENNESSEE NONPROFIT GAMING LAW (§§ 3-17-101 — 3-17-116) › Section 3-17-110 - Name of organization on ticket, share, chance or similar record - Method of payment of prizes and awards - Limitations on prices and awards

(a)
The ticket, share, chance or other similar record shall bear on its face the name of the nonprofit organization on whose behalf the event is being conducted.
(b)
All cash prizes or awards exceeding fifty dollars ($50.00) shall be paid by check from a designated account of the organization to a named individual. In the case of non-cash prizes or awards, payment shall be in the form of goods or services and, if applicable, by an appropriate legal instrument including, but not limited to, deeds, titles and gift certificates. Checks or other legal instruments payable to "cash" or "bearer" are expressly prohibited.
(c)
(1)
For single location annual events, the total value of all prizes awarded per annual event shall not exceed two hundred fifty thousand dollars ($250,000); provided, that such limitation shall not apply to prizes of real property.
(2)
For multiple location annual events, the total value of all prizes awarded per annual event location shall not exceed one hundred fifty thousand dollars ($150,000); provided, that such limitation shall not apply to prizes of real property.
(3)
Notwithstanding subdivisions (c)(1) and (2), for annual events conducted by a nonprofit organization that does not intend to raise gross revenue from the annual event exceeding five thousand dollars ($5,000), the total value of all prizes awarded per annual event shall not exceed twenty-five thousand dollars ($25,000).
(d)
Authorized nonprofit organizations offering a prize of real property pursuant to subsection (c) may offer a cash equivalent prize not to exceed the fair market value of the real property; provided, that any such cash equivalent prize shall be disclosed in the rules of the specific annual event prior to the sale of any ticket, share, chance or other similar record for such annual event and, if a cash equivalent prize is awarded, shall comply with subsection (b).
Amended by 2015 Tenn. Acts, ch. 134,s 20, eff. 4/14/2015.
Amended by 2014 Tenn. Acts, ch. 699,s 25, eff. 7/1/2014.
Acts 2004, ch. 476, § 2; 2005, ch. 207, §§ 17, 21.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 17 - TENNESSEE NONPROFIT GAMING LAW (§§ 3-17-101 — 3-17-116) › Section 3-17-111 - Disqualification

Any person who is convicted of a violation of §
39-16-702
, §
39-16-703
, or title 39, chapter 17, parts 5 and 6 shall be permanently disqualified from submitting an annual event application.
Acts 2004, ch. 476, §2; 2007 , ch. 18, § 13.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 17 - TENNESSEE NONPROFIT GAMING LAW (§§ 3-17-101 — 3-17-116) › Section 3-17-112 - Preemption

The general assembly, by enacting this chapter, intends to preempt any other regulation of the area covered by this chapter. No political subdivision or agency may enact or enforce a law, ordinance, resolution or regulation that regulates or prohibits any conduct in the area covered by this chapter.
Acts 2004, ch. 476, § 2.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 17 - TENNESSEE NONPROFIT GAMING LAW (§§ 3-17-101 — 3-17-116) › Section 3-17-113 - Compliance - Penalties - Hearings - Investigations

(a)
The secretary may publicly or privately investigate, as the secretary of state deems necessary, any person or organization that the secretary has reason to believe has violated this chapter. The secretary may assess a civil penalty against any person, or a nonprofit organization, not to exceed fifty thousand dollars ($50,000) for a violation of this chapter or any rule or regulation adopted pursuant to this chapter. Any hearing on the imposition of a civil penalty pursuant to this section shall be in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(b)
The Tennessee bureau of investigation shall have jurisdiction over, and shall investigate, violations of §§
39-17-651
- 39-17-657 and reports of official misconduct concerning this chapter in a manner consistent with title 38, chapter 6, part 1.
(c)
Subsection (a) shall apply to applications and annual events to be conducted on and after July 1, 2005.
Amended by 2015 Tenn. Acts, ch. 134, s 21, eff. 4/14/2015.
Acts 2004, ch. 476, § 2; 2005, ch. 207, §18; 2007 , ch. 18, § 14.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 17 - TENNESSEE NONPROFIT GAMING LAW (§§ 3-17-101 — 3-17-116) › Section 3-17-114 - Criminal background checks

(a)
The secretary of state may establish, by duly promulgated rules and regulations, the procedures and criteria for requiring and obtaining criminal background checks for officers, directors, trustees, and the principal salaried executive staff officer who will operate the annual event for a nonprofit organization. No background check shall be conducted on any such person unless the secretary finds good cause, based upon objective criteria, that the information contained in the annual event application, or supporting documentation, is ambiguous, false or insufficient; provided, that a background check may be required for good cause if based upon reliable information from a law enforcement agency. The secretary of state may utilize the Tennessee bureau of investigation or the federal bureau of investigation to conduct criminal background checks.
(b)
Procedures and payments of costs associated with criminal background checks shall be governed by §§
38-6-103
and
38-6-109
. The nonprofit organization that has filed an annual event application shall be responsible for payment of all criminal background checks required by this section. The secretary of state shall not pay for any criminal background check required by this section.
(c)
Criminal background checks may include fingerprint checks against state and federal criminal records maintained by the Tennessee bureau of investigation and the federal bureau of investigation.
(d)
The secretary of state shall be immune from suit for declining to approve the conducting of an annual event based upon criminal background information received pursuant to this section.
(e)
(1)
In the event that the secretary establishes procedures and criteria for requiring and obtaining criminal background checks, such checks shall not be performed upon officers, directors or trustees who receive no compensation for their duties associated with the nonprofit organization.
(2)
In the event that the secretary establishes procedures and criteria for requiring and obtaining criminal background checks, such provisions shall only apply to annual event applications for the operation of annual events to be conducted on and after July 1, 2005.
Amended by 2015 Tenn. Acts, ch. 134,s 22, eff. 4/14/2015.
Acts 2004, ch. 476, § 2.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 17 - TENNESSEE NONPROFIT GAMING LAW (§§ 3-17-101 — 3-17-116) › Section 3-17-115 - Rules and regulations by secretary of state

(a)
The secretary of state is authorized to promulgate rules and regulations as the secretary of state may deem necessary to effectuate the purposes of this chapter. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(b)
Notwithstanding §§
4-5-208
and
4-5-209
or any other law to the contrary, the secretary of state is authorized to promulgate emergency rules to implement this chapter.
(c)
The secretary of state shall promulgate rules to regulate bingo. The rules must include limits on prizes, prohibitions on hiring entities to run the bingo games, requirements that the bingo games be conducted by volunteers, and any other rules the secretary deems necessary to maintain safety and fairness.
Amended by 2021 Tenn. Acts, ch. 473, s 2, eff. 7/1/2021.
Acts 2004, ch. 476, §11; 2009 , ch. 566, § 12.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 17 - TENNESSEE NONPROFIT GAMING LAW (§§ 3-17-101 — 3-17-116) › Section 3-17-116 - [Repealed] [Repealed]

Repealed by 2016 Tenn. Acts, ch. 821, s 7, eff. 7/1/2016.
Acts 2004, ch. 476, §12; 2009 , ch. 566, § 12.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 18 - ARTICLE V CONVENTIONS (§§ 3-18-101 — 3-18-111) › Section 3-18-101 - Application of chapter

This chapter shall apply whenever an Article V convention is called.
Acts 2014, ch. 979, § 1.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 18 - ARTICLE V CONVENTIONS (§§ 3-18-101 — 3-18-111) › Section 3-18-102 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Alternate delegate" means an individual elected as an alternate delegate as provided by this chapter;
(2)
"Article V convention" means a convention for proposing amendments to the Constitution of the United States called for by the states under Article V of the Constitution of the United States;
(3)
"Delegate" means an individual elected as provided by this chapter to represent Tennessee at an Article V convention;
(4)
"House of representatives" means the house of representatives of the general assembly;
(5)
"Paired delegate" means the delegate with whom an alternate delegate is paired as provided by this chapter; and
(6)
"Senate" means the senate of the general assembly.
Acts 2014, ch. 979, § 1.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 18 - ARTICLE V CONVENTIONS (§§ 3-18-101 — 3-18-111) › Section 3-18-103 - Joint resolution to provide instructions

(a)
At the time delegates and alternate delegates are elected, the general assembly shall adopt a joint resolution to provide instructions to the delegates and alternate delegates regarding the following:
(1)
The rules of procedure; and
(2)
Any other matter relating to the Article V convention that the general assembly considers necessary.
(b)
The general assembly may amend the instructions at any time by joint resolution.
Acts 2014, ch. 979, § 1.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 18 - ARTICLE V CONVENTIONS (§§ 3-18-101 — 3-18-111) › Section 3-18-104 - Duties of alternate delegates - Votes and attempted votes made outside of instructions and established limits void - Forfeiture of delegate's appointment

(a)
An alternate delegate shall:
(1)
Act in the place of the alternate delegate's paired delegate when the alternate delegate's paired delegate is absent from the Article V convention; or
(2)
Replace the alternate delegate's paired delegate if the alternate delegate's paired delegate vacates the office.
(b)
A vote cast by a delegate or an alternate delegate at an Article V convention that is outside the scope of:
(1)
The instructions established by a joint resolution adopted under §
3-18-103
; or
(2)
The limits placed by the general assembly in a joint resolution that calls for an Article V convention for the purpose of proposing amendments to the Constitution of the United States on the subjects and amendments that may be considered by the Article V convention;
is void.
(c)
A delegate or alternate delegate who votes or attempts to vote outside the scope of:
(1)
The instructions established by a joint resolution adopted under §
3-18-103
; or
(2)
The limits placed by the general assembly in a joint resolution that calls for an Article V convention for the purpose of proposing amendments to the Constitution of the United States on the subjects and amendments that may be considered by the Article V convention;
forfeits the delegate's appointment by virtue of that vote or attempt to vote.
(d)
The paired alternate delegate of a delegate who forfeits appointment under subsection (c) becomes the delegate at the time the forfeiture of the appointment occurs.
Acts 2014, ch. 979, § 1.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 18 - ARTICLE V CONVENTIONS (§§ 3-18-101 — 3-18-111) › Section 3-18-105 - Application to call convention of no effect if all delegates and alternates vote or attempt to vote outside scope of instructions and established limits

The application of the general assembly to call an Article V convention for proposing amendments to the Constitution of the United States ceases to be a continuing application and shall be treated as having no effect if all of the delegates and alternate delegates vote or attempt to vote outside the scope of:
(1)
The instructions established by a joint resolution adopted under §
3-18-103
; or
(2)
The limits placed by the general assembly in a joint resolution that calls for an Article V convention for the purpose of proposing amendments to the Constitution of the United States on the subjects and amendments that may be considered by the Article V convention.
Acts 2014, ch. 979, § 1.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 18 - ARTICLE V CONVENTIONS (§§ 3-18-101 — 3-18-111) › Section 3-18-106 - Offense of delegate or alternate knowingly or intentionally voting or attempting to vote outside of scope of instructions or established limits - Class E felony

(a)
It is an offense for a delegate or alternate delegate to knowingly or intentionally vote or attempt to vote outside the scope of:
(1)
The instructions established by a joint resolution adopted under §
3-18-103
; or
(2)
The limits placed by the general assembly in a joint resolution that calls for an Article V convention for the purpose of proposing amendments to the Constitution of the United States on the subjects and amendments that may be considered by the Article V convention.
(b)
A violation of subsection (a) is a Class E felony.
Acts 2014, ch. 979, § 1.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 18 - ARTICLE V CONVENTIONS (§§ 3-18-101 — 3-18-111) › Section 3-18-107 - Qualifications for appointment as delegate or alternate delegate

(a)
An individual must satisfy the following requirements to be appointed as a delegate or as an alternate delegate to an Article V convention:
(1)
The individual shall be a resident of Tennessee for at least one (1) full year immediately prior to the appointment;
(2)
The individual shall be a registered voter in Tennessee;
(3)
The individual shall be at least eighteen (18) years of age; and
(4)
The individual shall not be registered or required to be registered as a lobbyist under chapter 6, part 3 of this title or under
2 U.S.C. § 1603
, or rules or regulations adopted under such laws.
(b)
An individual may not be appointed as a delegate or as an alternate delegate if the individual holds a federal elected or appointed office. The general assembly shall appoint delegates and alternate delegates so that, as near as practicable, the three (3) grand divisions are equally represented.
Amended by 2017 Tenn. Acts, ch. 375,s 1, eff. 5/18/2017.
Acts 2014, ch. 979, § 1.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 18 - ARTICLE V CONVENTIONS (§§ 3-18-101 — 3-18-111) › Section 3-18-108 - Number of delegates to be appointed - Special session to be called if general assembly not in session

(a)
Whenever an Article V convention is called, the general assembly shall appoint:
(1)
The number of delegates allocated to represent Tennessee; and
(2)
An equal number of alternate delegates, under rules adopted jointly by the house of representatives and the senate.
(b)
If the general assembly is not in session during the time during which delegates to an Article V convention must be appointed, the governor shall call the general assembly into special session under Article III, § 9 of the Constitution of Tennessee for the purpose of appointing delegates and alternate delegates.
Amended by 2017 Tenn. Acts, ch. 375,s 2, eff. 5/18/2017.
Acts 2014, ch. 979, § 1.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 18 - ARTICLE V CONVENTIONS (§§ 3-18-101 — 3-18-111) › Section 3-18-109 - Required votes for election of delegates or alternate delegates - Recall and replacement of delegates - Joint resolution required

(a)
To be elected a delegate or an alternate delegate, an individual shall receive, in each house of the general assembly, a two-thirds (2/3) vote of all the members to which such house is entitled under the Constitution of Tennessee.
(b)
At the time of election, each alternate delegate shall be paired with a delegate as provided in a joint resolution adopted by the general assembly.
(c)
The general assembly may recall any delegate or alternate delegate and replace that delegate or alternate delegate with an individual appointed under this section at any time.
(d)
The general assembly shall appoint or recall delegates or alternate delegates by joint resolution.
Acts 2014, ch. 979, § 1.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 18 - ARTICLE V CONVENTIONS (§§ 3-18-101 — 3-18-111) › Section 3-18-110 - Delegate or alternate delegate not lucrative office - Payment for expenses and mileage

(a)
A delegate or an alternate delegate shall not receive compensation, but shall be eligible for reimbursement for expenses and mileage in accordance with the regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter.
(b)
For purposes of Article II, § 26 of the Constitution of Tennessee, the position of delegate or alternate delegate is not a lucrative office.
(c)
All funds necessary to pay expenses under subsection (a) shall be paid from appropriations to the general assembly.
Acts 2014, ch. 979, § 1.
2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 18 - ARTICLE V CONVENTIONS (§§ 3-18-101 — 3-18-111) › Section 3-18-111 - Oath

(a)
Each delegate and alternate delegate shall, after appointment and before the delegate or alternate delegate may exercise any function as delegate or alternate delegate, execute an oath in writing that the delegate or alternate delegate will:
(1)
Support the Constitution of the United States and the Constitution of Tennessee;
(2)
Faithfully abide by and execute any instructions to delegates and alternate delegates adopted by the general assembly and as may be amended by the general assembly at any time; and
(3)
Otherwise faithfully discharge the duties of delegate or alternate delegate.
(b)
A delegate's or alternate delegate's executed oath shall be filed with the secretary of state.
Acts 2014, ch. 979, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 1 - GENERAL PROVISIONS (§§ 4-1-101 — 4-1-504) › Part 1 - SOVEREIGNTY AND JURISDICTION (§§ 4-1-101 — 4-1-109) › Section 4-1-101 - Sovereignty coextensive with boundary

The sovereignty and jurisdiction of the state is coextensive with the boundaries of the state, but the extent of such jurisdiction over places that have been or may be ceded to the United States is qualified by the terms of such cession.
Code 1858, § 70; Shan., § 82; Code 1932, § 96; T.C.A. (orig. ed.), § 4-101.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 1 - GENERAL PROVISIONS (§§ 4-1-101 — 4-1-504) › Part 1 - SOVEREIGNTY AND JURISDICTION (§§ 4-1-101 — 4-1-109) › Section 4-1-102 - Protection of territory

The governor and all subordinate officers of this state are empowered to protect the territory of this state, within its defined limits in all the courts of the country, and the governor may employ counsel for this purpose whenever, in the governor's judgment, it becomes necessary in order to protect this state and the citizens of the commonwealth against illegal encroachments upon their rights, the fee for such services to be fixed by the governor and approved by the attorney general and reporter.
Acts 1889, ch. 222, § 2; Shan., § 81; Code 1932, § 95; T.C.A. (orig. ed.), § 4-104.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 1 - GENERAL PROVISIONS (§§ 4-1-101 — 4-1-504) › Part 1 - SOVEREIGNTY AND JURISDICTION (§§ 4-1-101 — 4-1-109) › Section 4-1-103 - Concurrent jurisdiction of boundary waters

This state has concurrent jurisdiction on the waters of any river that forms a common boundary between this and any other state.
Code 1858, § 72; Shan., § 84; Code 1932, § 97; T.C.A. (orig. ed.), § 4-102.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 1 - GENERAL PROVISIONS (§§ 4-1-101 — 4-1-504) › Part 1 - SOVEREIGNTY AND JURISDICTION (§§ 4-1-101 — 4-1-109) › Section 4-1-104 - Mississippi River - Criminal jurisdiction

(a)
The criminal jurisdiction of this state is extended as follows: Beginning at a point where the north boundary line of Tennessee intersects the east bank of the Mississippi River and extending west along a line in extension of and parallel to the north boundary of Tennessee to the west bank of the Mississippi River, in the state of Missouri; thence south along that bank, passing the line dividing the states of Missouri and Arkansas, and following the meanders of that river bank to a point on the west bank of that river where a line drawn east and parallel to the south boundary of Tennessee would intersect the west bank of the Mississippi River; thence east along that line to a point where the south boundary line of Tennessee intersects the east bank of the Mississippi River.
(b)
This state and her sister states, Arkansas and Missouri, have concurrent criminal jurisdiction over the parts of the territory lying opposite them and between the lines extending parallel to their north and south boundaries.
(c)
This section shall take effect as to the states of Arkansas and Missouri, or either of them, when these states, or either of them, pass a similar act governing the territory described in subsection (a), opposite them and between their north and south boundaries; this section to take effect from and after its passage as to all that part of the territory so described that is included within the boundaries east of the states of Arkansas and Missouri.
Acts 1915, ch. 123, §§ 1-3; Shan., §§ 80a1-80a3; Code 1932, §§ 92-94; T.C.A. (orig. ed.), § 4-103.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 1 - GENERAL PROVISIONS (§§ 4-1-101 — 4-1-504) › Part 1 - SOVEREIGNTY AND JURISDICTION (§§ 4-1-101 — 4-1-109) › Section 4-1-105 - Retrocession of federal jurisdiction

(a)
The consent of this state is hereby given to the retrocession of jurisdiction by the United States over land owned by the United States within the boundaries of this state, and the governor of this state is hereby authorized to accept for this state such retrocession of jurisdiction.
(b)
Retrocession of jurisdiction shall be effected by written notice by the principal officer of the agency of the United States having supervision and control over the land by metes and bounds and stating that legislative, executive and judicial jurisdiction is to be retroceded to this state and the filing of a statement of acceptance of jurisdiction by the governor of this state with the secretary of state of this state.
Acts 1975, ch. 266, § 1; T.C.A., § 4-121.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 1 - GENERAL PROVISIONS (§§ 4-1-101 — 4-1-504) › Part 1 - SOVEREIGNTY AND JURISDICTION (§§ 4-1-101 — 4-1-109) › Section 4-1-106 - Federal application for cession of state jurisdiction

(a)
Whenever the United States shall desire to acquire legislative jurisdiction over any lands within this state and shall make application for that purpose, the governor is authorized to cede to the United States such measure of jurisdiction, not exceeding that requested by the United States, as the governor may deem proper over all or any part of the lands as to which a cession of legislative jurisdiction is requested, reserving to the state such concurrent or partial jurisdiction as the governor may deem proper.
(b)
The application on behalf of the United States shall state in particular the measure of jurisdiction desired and shall be accompanied by an accurate description of the lands over which such jurisdiction is desired and information as to which of such lands are then owned or leased by the United States.
(c)
The cession of jurisdiction shall become effective when it is accepted on behalf of the United States, which acceptance shall be indicated, in writing upon the instrument of cession, by an authorized official of the United States and filing with the secretary of state.
Acts 1975, ch. 267, § 1; T.C.A., § 4-122.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 1 - GENERAL PROVISIONS (§§ 4-1-101 — 4-1-504) › Part 1 - SOVEREIGNTY AND JURISDICTION (§§ 4-1-101 — 4-1-109) › Section 4-1-107 - Jurisdiction reserved by state when cessions made to United States

Notwithstanding any other law, there are reserved over any lands as to which any legislative jurisdiction may be ceded to the United States pursuant to §§
4-1-106
- 4-1-109, the state's entire legislative jurisdiction with respect to taxation and that of each state agency, county, city, political subdivision and public district of the state; the state's entire legislative jurisdiction with respect to marriage, divorce, annulment, adoption, commitment of the mentally incompetent, and descent and distribution of property; concurrent power to enforce the criminal law; and the power to execute any process, civil or criminal, issued under the authority of the state; nor shall any persons residing on such lands be deprived of any civil or political rights, including the right of suffrage, by reason of the cession of such jurisdiction to the United States.
Acts 1975, ch. 267, § 2; T.C.A., § 4-123.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 1 - GENERAL PROVISIONS (§§ 4-1-101 — 4-1-504) › Part 1 - SOVEREIGNTY AND JURISDICTION (§§ 4-1-101 — 4-1-109) › Section 4-1-108 - Relinquishment of ceded legislative jurisdiction by United States

(a)
Whenever the United States tenders to the state a relinquishment of all or part of the legislative jurisdiction theretofore acquired by it over lands within this state, the governor is authorized to accept on behalf of the state the legislative jurisdiction so relinquished.
(b)
The governor shall indicate the governor's acceptance of such relinquished legislative jurisdiction by a writing addressed to the head of the appropriate department or agency of the United States, and such acceptance shall be effective when the writing is deposited in the United States mails.
Acts 1975, ch. 267, § 3; T.C.A., § 4-124.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 1 - GENERAL PROVISIONS (§§ 4-1-101 — 4-1-504) › Part 1 - SOVEREIGNTY AND JURISDICTION (§§ 4-1-101 — 4-1-109) › Section 4-1-109 - Cession or acceptance - Authority of local government

When an acceptance or cession of jurisdiction as cited in §§
4-1-106
- 4-1-108 is sought for lands within this state concerning jurisdictional matters over which counties or municipalities, rather than the governor, have authority, agreements made under §§
4-1-106
- 4-1-108 shall be authenticated by the appropriate representative of the United States and the competent local authority, rather than by the governor, and shall be filed with the secretary of state.
Acts 1975, ch. 267, § 4; T.C.A., § 4-125.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 1 - GENERAL PROVISIONS (§§ 4-1-101 — 4-1-504) › Part 2 - GRAND DIVISIONS AND STATE CAPITAL (§§ 4-1-201 — 4-1-205) › Section 4-1-201 - Grand divisions

There are three (3) grand divisions of the state: the eastern, middle and western.
Code 1858, § 100 (deriv. Acts 1835-1836, ch. 3); Shan., § 129; Acts 1923, ch. 70; Code 1932, § 147; modified; T.C.A. (orig. ed.), § 4-109.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 1 - GENERAL PROVISIONS (§§ 4-1-101 — 4-1-504) › Part 2 - GRAND DIVISIONS AND STATE CAPITAL (§§ 4-1-201 — 4-1-205) › Section 4-1-202 - Eastern grand division

The eastern division comprises the counties of Anderson, Bledsoe, Blount, Bradley, Campbell, Carter, Claiborne, Cocke, Cumberland, Grainger, Greene, Hamblen, Hamilton, Hancock, Hawkins, Jefferson, Johnson, Knox, Loudon, Marion, McMinn, Meigs, Monroe, Morgan, Polk, Rhea, Roane, Scott, Sevier, Sullivan, Unicoi, Union and Washington.
Code 1858, § 101 (deriv. Acts 1835-1836, ch. 3, § 8); Acts 1885, ch. 107, § 1; 1899, ch. 150, § 1; 1903, ch. 110, § 1; 1915, ch. 9, §§ 1-3; Shan., § 130; Private Acts 1919, ch. 695; Code 1932, § 148; Acts 1933, ch. 135, § 1; C. Supp. 1950, § 148; modified; T.C.A. (orig. ed.), § 4-110.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 1 - GENERAL PROVISIONS (§§ 4-1-101 — 4-1-504) › Part 2 - GRAND DIVISIONS AND STATE CAPITAL (§§ 4-1-201 — 4-1-205) › Section 4-1-203 - Middle grand division

The middle division comprises the counties of Bedford, Cannon, Cheatham, Clay, Coffee, Davidson, DeKalb, Dickson, Fentress, Franklin, Giles, Grundy, Hickman, Houston, Humphreys, Jackson, Lawrence, Lewis, Lincoln, Macon, Marshall, Maury, Montgomery, Moore, Overton, Perry, Pickett, Putnam, Robertson, Rutherford, Sequatchie, Smith, Stewart, Sumner, Trousdale, Van Buren, Warren, Wayne, White, Williamson and Wilson.
Code 1858, § 102 (deriv. Acts 1835-1836, ch. 3, § 8); Acts 1885, ch. 107, § 1; 1899, ch. 150, § 1; 1903, ch. 110, § 1; 1915, ch. 9, §§ 1-3; Shan., § 131; Code 1932, § 149; Acts 1933, ch. 135, § 1; C. Supp. 1950, § 149; Acts 1965, ch. 354, § 1; T.C.A. (orig. ed.), § 4-111.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 1 - GENERAL PROVISIONS (§§ 4-1-101 — 4-1-504) › Part 2 - GRAND DIVISIONS AND STATE CAPITAL (§§ 4-1-201 — 4-1-205) › Section 4-1-204 - Western grand division

The western division comprises the counties of Benton, Carroll, Chester, Crockett, Decatur, Dyer, Fayette, Gibson, Hardeman, Hardin, Haywood, Henderson, Henry, Lake, Lauderdale, Madison, McNairy, Obion, Shelby, Tipton and Weakley.
Code 1858, § 103 (deriv. Acts 1835-1836, ch. 3, § 8); Shan., § 132; Code 1932, § 150; Acts 1965, ch. 354, § 1; T.C.A. (orig. ed.), § 4-112.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 1 - GENERAL PROVISIONS (§§ 4-1-101 — 4-1-504) › Part 2 - GRAND DIVISIONS AND STATE CAPITAL (§§ 4-1-201 — 4-1-205) › Section 4-1-205 - State capital

The city of Nashville, in the county of Davidson, is the seat of the state government.
Code 1858, § 74 (deriv. Const. 1834, schedule, § 2); Shan., § 92; Code 1932, § 100; T.C.A. (orig. ed.), § 4-105.