reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 51 - STATE BUDGET AND APPROPRIATIONS (§§ 9-4-5101 — 9-4-5119) › Section 9-4-5118 - State funds not to be expended to pay municipality's public indebtedness

(a)
No state funds shall be expended to pay the public indebtedness of any municipality; provided, however, that this subsection (a) does not preclude any municipality from utilizing its allocation of state-shared taxes for the purpose of paying its public indebtedness.
(b)
As used in this section, unless the context otherwise requires:
(1)
"Public indebtedness" means the bonds, notes or other evidence of indebtedness lawfully issued or assumed;
(2)
"State departmental revenues" means:
(A)
Earnings or charges for goods or services; or
(B)
Donations, contributions or participation by political subdivisions, foundations, corporations, firms or persons;
(3)
"State funds" means state departmental revenues or state revenues;
(4)
"State revenues" means the proceeds collected from taxes, licenses, fees, fines, forfeitures or other imposts laid specifically by law for state government; and
(5)
"State-shared taxes" means taxes imposed and collected by the state pursuant to law and allocated by law among units of local government.
(c)
This section shall not be construed as limiting the authority provided in chapter 13, part 2 of this title or chapter 21, part 7 of this title.
Added by 2014 Tenn. Acts, ch. 853,s 1, eff. 4/30/2014.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 51 - STATE BUDGET AND APPROPRIATIONS (§§ 9-4-5101 — 9-4-5119) › Section 9-4-5119 - Prohibited use of state funds by University of Tennessee - Use of funds in budget of office of diversity and inclusion

(a)
State funds shall not be expended by the University of Tennessee to promote the use of gender neutral pronouns, to promote or inhibit the celebration of religious holidays, or to fund or support sex week.
(b)
All funds in the budget of the office for diversity and inclusion at the University of Tennessee, Knoxville, for fiscal year 2016-2017, shall be reallocated in the university's budget and used by the university solely for scholarships to be awarded through a minority engineering scholarship program. Any funds from the budget of the office for diversity and inclusion that are not used for minority engineering scholarships in fiscal year 2016-2017 shall remain in the scholarship program for use in future fiscal years.
Added by 2016 Tenn. Acts, ch. 1066,s 1, eff. 5/20/2016.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 52 - ESTIMATED RATE OF GROWTH OF ECONOMY; LIMITATION ON APPROPRIATIONS (§§ 9-4-5201 — 9-4-5203) › Section 9-4-5201 - Basis for estimated rate of growth of economy

(a)
The estimated rate of growth of the state's economy shall be based upon the projected change in Tennessee personal income.
(b)
Tennessee personal income shall consist of those sources of income included in the United States department of commerce's definition of "personal income."
Acts 1979, ch. 408, § 1; T.C.A., §§ 9-621, 9-6-201.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 53 - STATE SHARING (§§ 9-4-5301 — 9-4-5306) › Section 9-4-5301 - Statutes providing base apportionment for determining additional state revenues

Funds apportioned as state-shared taxes to county and municipal governments for any fiscal year under authority of the following statutes shall provide the base apportionment for the purpose of determining the availability of additional state revenues to meet the requirement of the Constitution of Tennessee, Article II, § 24 that the state share in the cost of any law of general application imposing increased expenditure requirements on cities and counties:
(1)
Retailers' sales tax, as authorized by title 67, chapter 6, and apportioned by §
67-6-103
;
(2)
Gross receipts taxes, such portions as are authorized as payments to the state from the Tennessee Valley authority under § 13 of the act of congress creating the authority, as amended, and apportioned under §§
67-9-101(a)(2)
and
67-9-102(a)
;
(3)
Income tax on dividends and interest, as authorized by title 67, chapter 2, and apportioned by §
67-2-119
;
(4)
Special privilege tax on beer, as authorized by title 57, chapter 5, and apportioned by §
57-5-205
;
(5)
Gross receipts tax on alcoholic beverages consumed on premises, as authorized by title 57, chapter 4, and apportioned by §
57-4-306
; and
(6)
Tax on sale or distribution of wine and spirits, as authorized by title 57, chapter 3, and apportioned by §
57-3-306
.
Amended by 2014 Tenn. Acts, ch. 901,s 3, eff. 5/13/2014.
Acts 1979, ch. 436, § 1; T.C.A., §§ 9-631, 9-6-301.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 53 - STATE SHARING (§§ 9-4-5301 — 9-4-5306) › Section 9-4-5302 - Governor's budget to show increase in apportionment - Amount of increase available to local governments

(a)
Beginning with fiscal year 1980-1981, the budget document submitted by the governor to the general assembly shall indicate the amount of increase in the apportionment of the funds specified in §
9-4-5301
to incorporated municipalities and to county governments above apportionments for the previous year.
(b)
An amount of one million dollars ($1,000,000) of such increase shall be available for allocation to incorporated municipalities and to county governments as needed, to provide the state's share of any contribution required to fund any law of general application which requires, without local discretion, that incorporated municipalities or county governments increase expenditures as a direct consequence of the passage of any general law; provided, that when the cost of any such law is estimated to exceed fifty thousand dollars ($50,000), the source and amount of funding from state funds shall be set forth in such law.
(c)
In the event the source and amount of funding from state funds is not set forth in such law, such sources and amounts shall be set forth in the general appropriations act enacted during the same session as such general law.
Acts 1979, ch. 436, § 2; T.C.A., §§ 9-632, 9-6-302.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 53 - STATE SHARING (§§ 9-4-5301 — 9-4-5306) › Section 9-4-5303 - List of laws requiring increased local government expenditures - Report of allocations required to provide funding

(a)
Prior to approval of the general appropriation act by committees on finance, ways and means of the senate and the house of representatives, the commissioner of finance and administration shall certify in writing to the chairs of those committees a listing of all laws of general application which have been adopted and signed by the governor, whose passage will require increased incorporated municipality expenditures or county government expenditures within the meaning of the fourth paragraph of the Constitution of Tennessee, Article II, § 24.
(b)
Such certification shall, to the extent possible, cite the specific costs attributed to each law by the fiscal notes prepared by the fiscal review committee, with such adjustments as are necessary to reflect the effect of any amendments or other changing circumstances.
(c)
Following receipt of such certification from the commissioner, the committees shall report in writing to the speakers of the house of representatives and the senate, with copy to the commissioner and the comptroller of the treasury, the extent of allocations from the increases in the funds identified in §
9-4-5301
required to provide the state's share of the funding of any such incorporated municipality expenditure increase or county government expenditure increase.
(d)
Any law of general application requiring increased incorporated municipality expenditures or increased county government expenditures which passes and is signed following the certification required by this section shall be identified in like manner in a supplemental certification to the committees, which shall file with the speakers, with copy to the commissioner and the comptroller of the treasury, a cumulative report indicating total assessments against such increases identified in §
9-4-5302
.
Acts 1979, ch. 436, § 3; T.C.A., §§ 9-633, 9-6-303.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 53 - STATE SHARING (§§ 9-4-5301 — 9-4-5306) › Section 9-4-5304 - Procedure for meeting requirement that state share increased expenditures

For any bill requiring increased expenditures by cities and counties in an amount exceeding that level established in §
9-4-5302
, the general assembly shall follow the procedure established in this section in meeting the requirement that the state share in the cost of such bill:
(1)
A fiscal note prepared by the fiscal review committee shall be furnished indicating the fiscal effect of such bill and whether or not such legislation imposes an increased expenditure requirement on cities and counties;
(2)
If the legislation imposes an increased expenditure requirement on cities or counties, then such legislation shall be amended in committee to indicate the state share of such expenditure;
(3)
The sponsor of such legislation shall cause an amendment to the general appropriations act to be prepared to fund the state share and shall present such amendment to the standing committee to which such legislation is referred and to the finance, ways and means committees or on the floor of the senate or the house of representatives when the general appropriations act is being considered; and
(4)
Such amendment to the general appropriations act shall state the amount appropriated to fund the state share.
Acts 1979, ch. 436, § 4; T.C.A., §§ 9-634, 9-6-304.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 53 - STATE SHARING (§§ 9-4-5301 — 9-4-5306) › Section 9-4-5305 - Construction of this part

Nothing in this part shall be construed to reduce the apportionment to local governments of the total amounts due under the statutes cited in §
9-4-5301
.
Acts 1979, ch. 436, § 6; T.C.A., §§ 9-635, 9-6-305.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 53 - STATE SHARING (§§ 9-4-5301 — 9-4-5306) › Section 9-4-5306 - Locality does not meet municipality requirements

(a)
Notwithstanding any law to the contrary,
IF, after July 1, 1998, a locality is deemed by the state to be a municipality for purposes of distributing grants or state-shared taxes; AND
IF, thereafter the locality, acting in good faith and under color of law and for municipal purposes, receives and expends or obligates grants or state-shared taxes; AND
IF, thereafter it is judicially determined that the locality was not incorporated in accordance with the requirements of law and, therefore, is not a municipality; THEN
Neither the locality nor any person who acted on behalf of the locality is required to return or repay such grants or state-shared taxes; however, subject to §
67-5-104(c)
, any portion of such grants or state-shared taxes, that remains unexpended and unobligated, shall become assets of the county.
(b)
As used in subsection (a), "the locality, acting in good faith and under color of law and for municipal purposes, expends" includes, but is not limited to, reimbursement paid from grants or state-shared taxes for documented, reasonable expenses of municipal incorporation that were paid out-of-pocket by one (1) or more residents acting on behalf of the locality and its incorporation.
Acts 2000, ch. 898, § 1.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 54 - BLOCK GRANT REVIEW ACT OF 1996 (§§ 9-4-5401 — 9-4-5406) › Section 9-4-5401 - Short title

This part shall be known and may be cited as the "Block Grant Review Act of 1996."
Acts 1996, ch. 1062, § 1; T.C.A. § 9-6-401.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 54 - BLOCK GRANT REVIEW ACT OF 1996 (§§ 9-4-5401 — 9-4-5406) › Section 9-4-5402 - Purpose

The purpose of this part is to require state agencies to act with deliberate planning and with maximum feasible input of concerned citizens, religious congregations, nonprofit agencies and service providers and their clients/customers and board members and local government officials, in implementing reorganizations and new priority decisions related to receipt of federal block grants or other state decisions related to the devolution of policy and funding decisions from the federal government to the state.
Acts 1996, ch. 1062, § 2; T.C.A. § 9-6-402.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 54 - BLOCK GRANT REVIEW ACT OF 1996 (§§ 9-4-5401 — 9-4-5406) › Section 9-4-5403 - Considerations in block grants and federal devolution

To the greatest extent practicable and as permitted by law, each state agency shall make block grant and federal devolution decisions based on the following principles:
(1)
Minimizing harmful impacts on current programs, current and potential recipients of assistance, local governments, nonprofit agencies and the state economy;
(2)
Ensuring formal and informal participation of concerned citizens, regulated industry or other entities, environmental groups, religious organizations, nonprofit agencies and service providers and their clients/customers and board members and local government officials in proposed reorganizations and new priority decisions, so that their experience may be used creatively by state decision makers; and
(3)
Providing the above-referenced groups and categories of citizens with full and prompt access to information on new policy and funding and program organization related to block grants and federal devolution of authority.
Acts 1996, ch. 1062, § 3; T.C.A. § 9-6-403.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 54 - BLOCK GRANT REVIEW ACT OF 1996 (§§ 9-4-5401 — 9-4-5406) › Section 9-4-5404 - Reporting requirements

Each state agency responsible for making or recommending decisions on block grants and related topics shall issue a written report by February 1 each year to the finance, ways and means committee of the senate; and the finance, ways and means committee of the house of representatives; the health and welfare committee of the senate; the health committee of the house of representatives; the energy, agriculture and natural resources committee of the senate; the agriculture and natural resources committee of the house of representatives; the legislative office of budget analysis; and the governor. This report shall detail block grant and federal devolution decisions made or recommended by the agency and how those decisions made or recommended implement or fail to implement the principles outlined in §
9-4-5403
. Each agency that submits this report shall include in the report an executive summary of the major priority decisions and reorganizations related to receipt of the federal block grants or federal devolution decisions.
Amended by 2016 Tenn. Acts, ch. 797,s 1, eff. 4/14/2016.
Amended by 2013 Tenn. Acts, ch. 236,s 83, eff. 4/19/2013.
Acts 1996, ch. 1062, § 4; T.C.A. § 9-6-404; Acts 2010, ch. 1030, § 10; 2011, ch. 410, § 3(b); 2012, ch. 604, § 8.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 54 - BLOCK GRANT REVIEW ACT OF 1996 (§§ 9-4-5401 — 9-4-5406) › Section 9-4-5405 - Compliance - Financial costs

The head of each state agency shall be responsible for ensuring compliance with this part, with the financial costs of compliance being assumed by each state agency.
Acts 1996, ch. 1062, § 5; T.C.A. § 9-6-405.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 54 - BLOCK GRANT REVIEW ACT OF 1996 (§§ 9-4-5401 — 9-4-5406) › Section 9-4-5406 - Report summarizing funds allocated

On or before February 1 of each year, each state agency shall submit a written report to the clerks of the senate and the house of representatives to be distributed to all members of the finance, ways and means committees of the senate and the house of representatives summarizing the amount of funds allocated from federal block grants or other federal funds in the preceding fiscal year. The report must also summarize the purposes for which the funds were expended in such fiscal year, the amount of such funds that was unexpended, and any amount that was returned to the federal agency that supplied the original federal block grant or funds.
Added by 2021 Tenn. Acts, ch. 192, s 1, eff. 4/22/2021.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 56 - TENNESSEE GOVERNMENTAL ACCOUNTABILITY ACT OF 2002 (§§ 9-4-5601 — 9-4-5612) › Section 9-4-5601 - Short title

This part shall be known and may be cited as the "Tennessee Governmental Accountability Act of 2013."
Amended by 2013 Tenn. Acts, ch. 243,s 7, eff. 4/19/2013.
Acts 2002, ch. 875, § 1.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 56 - TENNESSEE GOVERNMENTAL ACCOUNTABILITY ACT OF 2002 (§§ 9-4-5601 — 9-4-5612) › Section 9-4-5602 - Implementation of system of strategic planning, performance measures, and performance review

The general assembly finds and declares that accountability in program performance is vital to effective and efficient delivery of governmental services, and to maintain public confidence and trust in government. To maximize accountability, a system of strategic planning, program performance measures, and performance audits should be implemented to measure the effectiveness and efficiency of governmental services. It is of paramount public importance that this system encourages full and candid participation by all agencies of state government. This system will generate information necessary to inform the public fully and for the general assembly to make meaningful decisions about the allocation of scarce resources in meeting vital needs.
Amended by 2013 Tenn. Acts, ch. 243,s 8, eff. 4/19/2013.
Acts 2002, ch. 875, § 1.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 56 - TENNESSEE GOVERNMENTAL ACCOUNTABILITY ACT OF 2002 (§§ 9-4-5601 — 9-4-5612) › Section 9-4-5603 - Application

The strategic planning, program performance measures, and performance review requirements of this part shall apply to all agencies unless exempted in this part or exempted by the commissioner of finance and administration.
Amended by 2013 Tenn. Acts, ch. 243,s 9, eff. 4/19/2013.
Acts 2002, ch. 875, § 1.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 56 - TENNESSEE GOVERNMENTAL ACCOUNTABILITY ACT OF 2002 (§§ 9-4-5601 — 9-4-5612) › Section 9-4-5604 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Agency" or "state agency" means any unit organization of the executive department, including any official, department, board, commission, division, bureau, section, district, office, authority, committee, or council or any other unit of state government, however designated, including, without limitation, higher education. For purposes of this part, "agency" or "state agency" shall not include the governor's office, the judicial department, the comptroller of the treasury state treasurer, secretary of state, attorney general and reporter or the legislative department. For purposes of this part, "judicial department" means the court system, district attorneys general conference, district public defenders conference, and the office of post-conviction defender;
(2)
"Baseline data" means indicators of a state agency's current performance level, pursuant to guidelines established by the commissioner of finance and administration;
(3)
"Commissioner" means the commissioner of finance and administration;
(4)
"Outcome" means an indicator of the actual impact or public benefit of a program;
(5)
"Output" means the actual service or product delivered by a state agency;
(6)
"Performance measure" means a quantitative or qualitative indicator used to assess state agency performance, including outcome and output indicators;
(7)
"Program" means a set of activities undertaken in accordance with a plan of action organized to realize identifiable goals and objectives. These activities are chosen by the department of finance and administration in consultation with the agency or state agency to be measured in order to support the overall goals and objectives of the department; and
(8)
"Standard" means the desired level of performance of a program, measured by outcome or output.
Amended by 2013 Tenn. Acts, ch. 243,s 10, eff. 4/19/2013.
Acts 2002, ch. 875, § 1.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 56 - TENNESSEE GOVERNMENTAL ACCOUNTABILITY ACT OF 2002 (§§ 9-4-5601 — 9-4-5612) › Section 9-4-5605 - Legislative intent

(a)
It is the legislative intent that the requirements of this part constitute a new approach to measuring the strategic functions and operations of each department in order for the state government to operate more efficiently and effectively.
(b)
The comptroller of the treasury shall have authority to employ outside consultants and entities with expertise in governmental finance and performance review for the purpose of conducting performance reviews or otherwise fulfilling the comptroller's duties under this part. The performance reviews required under this part may be conducted by a private entity selected by the comptroller, subject to the competitive bidding requirements of title 12, chapter 4.
Amended by 2013 Tenn. Acts, ch. 243,s 11, eff. 4/19/2013.
Acts 2002, ch. 875, § 1.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 56 - TENNESSEE GOVERNMENTAL ACCOUNTABILITY ACT OF 2002 (§§ 9-4-5601 — 9-4-5612) › Section 9-4-5607 - Reserved

Repealed by 2013 Tenn. Acts, ch. 243,s 13, eff. 4/19/2013.
Acts 2002, ch. 875, § 1.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 56 - TENNESSEE GOVERNMENTAL ACCOUNTABILITY ACT OF 2002 (§§ 9-4-5601 — 9-4-5612) › Section 9-4-5608 - Evaluation of compliance - Report

(a)
The commissioner of finance and administration shall evaluate at least annually each state agency's strategic plan and program performance measures. When necessary the commissioner of finance and administration shall update each state agency's strategic plan and program performance measures. Such updates shall include comments from the state agency when necessary to explain how the program is performing.
(b)
The commissioner of finance and administration may make recommendations to the governor and the finance, ways, and means committees of the senate and the house of representatives concerning the following nonexhaustive performance measure incentives or disincentives for potential inclusion in the appropriations bill:
(1)
Incentives may include, but are not limited to:
(A)
Additional flexibility in budget management;
(B)
Additional flexibility in salary rate and position management, notwithstanding title 8, chapter 23, or any other law to the contrary;
(C)
Retention of up to fifty percent (50%) of unexpended and unencumbered balances of appropriations, excluding special categories and grants in aid, that may be used for nonrecurring purposes including, but not limited to, lump-sum bonuses, employee training, or productivity enhancements, including technology and other improvements; and
(D)
Additional funds to be used for, but not limited to, lump-sum bonuses, employee training, or productivity enhancements, including technology and other improvements;
(2)
Disincentives may include, but are not limited to:
(A)
Mandatory quarterly reports to the governor on the agency's progress in meeting performance standards;
(B)
Mandatory quarterly appearances before the governor to report on the agency's progress in meeting performance standards;
(C)
Elimination or restructuring of the program, which may include, but not be limited to, transfer of the program or outsourcing all or a portion of the program;
(D)
Reduction of total positions for a program;
(E)
Restriction on or reduction of the appropriation for the program; and
(F)
Reduction of managerial salaries, notwithstanding the requirements of title 8, chapter 23, or any other law to the contrary.
Amended by 2013 Tenn. Acts, ch. 243,s 14, eff. 4/19/2013.
Acts 2002, ch. 875, § 1.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 56 - TENNESSEE GOVERNMENTAL ACCOUNTABILITY ACT OF 2002 (§§ 9-4-5601 — 9-4-5612) › Section 9-4-5609 - Preparation of strategic plan

(a)
(1)
Beginning August 15, 2013, and each year thereafter, each state agency subject to this part, shall submit a draft strategic plan and the agency's programs chosen for the program performance measures to the department of finance and administration for review, modification, and approval. Each strategic plan and program performance plan shall be submitted to the general assembly and the governor not later than September 30 of each year and shall cover the fiscal year in effect as of the date of the report.
(2)
The programs report shall include, but not be limited to, the following matters:
(A)
A clear statement of the purpose for each program;
(B)
A description of the program, when such information is needed to explain the program;
(C)
The funding amount of each program, when such information is identifiable by agency;
(D)
The outcomes or outputs produced by each program; and
(E)
The historical trends of outputs or outcomes of the program, when such information is available.
(b)
(1)
(A)
The Tennessee higher education commission shall submit to the commissioner of finance and administration a single strategic plan, with the advice of the University of Tennessee, the state university and community college system, and the Tennessee student assistance corporation.
(B)
The comptroller of the treasury, state treasurer, secretary of state, and attorney general and reporter shall prepare their strategic plans separately.
(C)
The administrative office of the courts shall prepare a strategic plan separately on behalf of the court system. Such plan shall include the court system, the district attorneys general conference, the district public defenders conference, and the office of post-conviction defender.
(D)
The joint legislative services committee shall prepare a strategic plan separately on behalf of the legislative department.
(2)
Each strategic plan shall be submitted to the general assembly and the governor not later than September 30 of each year and shall cover the fiscal year in effect as of the date of the report.
Amended by 2013 Tenn. Acts, ch. 243,s 15, eff. 4/19/2013.
Acts 2002, ch. 875, § 1.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 56 - TENNESSEE GOVERNMENTAL ACCOUNTABILITY ACT OF 2002 (§§ 9-4-5601 — 9-4-5612) › Section 9-4-5610 - Performance review

(a)
Each state agency shall be subject to a performance review of its activities by the comptroller of the treasury.
(b)
The performance review shall include such matters as the comptroller of the treasury deems appropriate related to the manner in which the entity is delivering its services and achieving its objectives, including but not limited to:
(1)
The efficient use of all state and federal resources and user fees;
(2)
Additional non-state revenue or cost savings that the entity could achieve; and
(3)
The extent to which the entity has achieved the objectives of its strategic plan.
(c)
Each entity subject to a performance review shall cooperate fully with the comptroller of the treasury and shall timely provide all relevant documents and requested information. If any entity refuses to provide any requested documents or information, the comptroller shall include such refusal in its report, as well as the reasons given by the entity for not furnishing the documents or information.
Acts 2002, ch. 875, § 1.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 56 - TENNESSEE GOVERNMENTAL ACCOUNTABILITY ACT OF 2002 (§§ 9-4-5601 — 9-4-5612) › Section 9-4-5611 - Admissibility of information in judicial proceeding or administrative hearing

(a)
Notwithstanding subsection (c), to achieve full and candid participation in the planning and audit process, no strategic plan or performance review, or any information generated solely for or by any such plan or review, shall be admissible in any judicial proceeding or administrative hearing.
(b)
Any documents or information referenced in any such plan or audit that exist independently of the planning and review process shall not be subject to the prohibition of subsection (a). The admissibility of such documents and information shall be determined in accordance with the rules of evidence and standards otherwise applicable to any such proceeding.
(c)
Each strategic plan and performance review shall be a public record under title 10, chapter 7.
Acts 2002, ch. 875, § 1.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 56 - TENNESSEE GOVERNMENTAL ACCOUNTABILITY ACT OF 2002 (§§ 9-4-5601 — 9-4-5612) › Section 9-4-5612 - Proposed instructions for the development of performance measures for the legislature

The director of the office of legislative administration shall develop and submit to the joint legislative services committee proposed instructions for the development of performance measures for the legislative department. The joint legislative services committee shall review such proposed instructions, may revise or amend the proposed instructions, and shall adopt final instructions for the development of such performance measures.
Amended by 2013 Tenn. Acts, ch. 243,s 16, eff. 4/19/2013.
Acts 2002, ch. 875, § 1.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 5 - STATE LENDING TRANSPARENCY ACT (§§ 9-5-101 — 9-5-104) › Section 9-5-101 - Short title

This chapter is known and may be cited as the "State Lending Transparency Act."
Added by 2022 Tenn. Acts, ch. 669, s 1, eff. 7/1/2022.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 5 - STATE LENDING TRANSPARENCY ACT (§§ 9-5-101 — 9-5-104) › Section 9-5-102 - Chapter definitions

As used in this chapter:
(1)
"Governmental entity" means a branch, department, agency, commission, or instrumentality of state or local government;
(2)
"Local government" means a county, municipality, city, or other political subdivision of this state;
(3)
"State credit support program" means a state program that guarantees or provides credit enhancements, such as state support for interest or principal payments, to the debt of private parties or governmental entities, under which the state is required to provide money if the borrower fails to pay; and
(4)
"State lending program" means a state program that offers money to private parties or governmental entities with the expectation of repayment.
Added by 2022 Tenn. Acts, ch. 669, s 1, eff. 7/1/2022.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 5 - STATE LENDING TRANSPARENCY ACT (§§ 9-5-101 — 9-5-104) › Section 9-5-103 - Report on state lending programs and state credit support programs

(a)
(1)
At the end of each fiscal year, the comptroller of the treasury shall report on all state lending programs and state credit support programs in a single document, including a cite to each individual lending program's statutory authority.
(2)
The report must include:
(A)
The total dollar amount of all lending in state lending programs and the total amount of all debt supported by state credit support programs, and the totals for each individual program; and
(B)
Reasonable estimates of the cost of likely defaults on all state lending programs and state credit support programs, using generally accepted accounting principles for credit losses, and the estimates for each individual program.
(b)
(1)
The comptroller of the treasury shall provide the report required under subsection (a) to:
(A)
Each member of the general assembly; and
(B)
The commissioner of finance and administration.
(2)
The report may be provided electronically.
Added by 2022 Tenn. Acts, ch. 669, s 1, eff. 7/1/2022.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 5 - STATE LENDING TRANSPARENCY ACT (§§ 9-5-101 — 9-5-104) › Section 9-5-104 - Inclusion in proposed state budget

(a)
As used in this section:
(1)
"Department" means the department of finance and administration; and
(2)
"Division" means the department's division of budget.
(b)
(1)
The division shall include in the proposed state budget for each fiscal year:
(A)
The likely changes in returns or likely defaults from state lending and state credit support programs from the previous fiscal year as either new expenses or new revenues;
(B)
The changes in expenses or revenues from state lending programs and state credit support programs from the previous fiscal year as expenses or revenues for the purpose of calculating a balanced budget; and
(C)
An estimate by the comptroller of the treasury of the likely cost of defaults to the state from all state lending programs and state credit support programs created during the fiscal year, calculated using generally accepted accounting principles, as expenses for the purpose of calculating a balanced budget.
(2)
The department may use the information provided by the comptroller of the treasury's report to determine the information described in subdivision (b)(1).
Added by 2022 Tenn. Acts, ch. 669, s 1, eff. 7/1/2022.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 8 - BOARD OF CLAIMS (§§ 9-8-101 — 9-8-409) › Part 1 - ESTABLISHMENT AND OPERATION OF BOARD (§§ 9-8-101 — 9-8-112) › Section 9-8-101 - Board established - Membership - Chair - Claims not within jurisdiction

(a)
A board of claims whose membership is composed of the commissioner of human resources or such commissioner's designee, the commissioner of finance and administration or such commissioner's designee, the state treasurer or the state treasurer's designee, the comptroller of the treasury or the comptroller's designee, and the secretary of state or the secretary of state's designee is hereby established.
(b)
The state treasurer or the state treasurer's designee shall be the ex officio chair of the board of claims.
(c)
Claims arising after January 1, 1985, that do not fall within the jurisdiction of the claims commission may only be paid after approval by the principals of the board of claims.
Acts 1945, ch. 73, § 1; C. Supp. 1950, § 1034.1 (Williams, § 1034.26); Acts 1951, ch. 39, § 1; impl. am. Acts 1959, ch. 9, §§ 3, 14; impl. am. Acts 1972, ch. 829, § 7; Acts 1979, ch. 184, § 1; T.C.A. (orig. ed.), § 9-801; Acts 1981, ch. 154, § 1; 1985, ch. 105, § 12; 1997, ch. 34, § 1.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 8 - BOARD OF CLAIMS (§§ 9-8-101 — 9-8-409) › Part 1 - ESTABLISHMENT AND OPERATION OF BOARD (§§ 9-8-101 — 9-8-112) › Section 9-8-102 - Board attached to department of the treasury - Secretary

(a)
For the purpose of administration, including fiscal and personnel operations, the board is attached to the department of the treasury.
(b)
The chair has the authority to designate an employee of the department of the treasury as secretary to the board of claims, who will keep the records and minutes of the board and perform other administrative tasks as assigned by the board.
Acts 1945, ch. 73, § 6; C. Supp. 1950, § 1034.6 (Williams, § 1034.31); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; Acts 1976, ch. 806, § 1(45); T.C.A. (orig. ed.), § 9-802; Acts 1981, ch. 154, § 2; 1986, ch. 626, § 4.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 8 - BOARD OF CLAIMS (§§ 9-8-101 — 9-8-409) › Part 1 - ESTABLISHMENT AND OPERATION OF BOARD (§§ 9-8-101 — 9-8-112) › Section 9-8-107 - Defense counsel commission functions and responsibilities transferred to board of claims

The functions and responsibilities of the defense counsel commission arising out of incidents occurring after January 1, 1985, are hereby transferred to the board of claims. The board may establish procedures and rules under which these functions and responsibilities may be carried out by a subcommittee of the board. The defense counsel commission shall retain jurisdiction over all requests for counsel and compensation arising out of incidents occurring before January 1, 1985.
Acts 1984, ch. 972, § 15.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 8 - BOARD OF CLAIMS (§§ 9-8-101 — 9-8-409) › Part 1 - ESTABLISHMENT AND OPERATION OF BOARD (§§ 9-8-101 — 9-8-112) › Section 9-8-110 - Division of claims and risk management

The state treasurer shall administer a division of claims and risk management to compile information and administer risk management programs. This division shall serve as staff to the board of claims in matters relating to casualty risk.
Amended by 2017 Tenn. Acts, ch. 271,s 2, eff. 5/4/2017.
Acts 1984, ch. 972, § 18; 1994, ch. 669, § 3.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 8 - BOARD OF CLAIMS (§§ 9-8-101 — 9-8-409) › Part 1 - ESTABLISHMENT AND OPERATION OF BOARD (§§ 9-8-101 — 9-8-112) › Section 9-8-111 - Compensation for loss, damage or destruction of personal property

(a)
(1)
The state shall compensate state employees for the loss, damage or destruction of personal property which is not otherwise compensable which occurs in the course of employment and which is required by the state to be used in the course of employment.
(2)
For purposes of this section, a motor vehicle shall be considered required by the state to be used in the course of employment only if:
(A)
The employee was reimbursed for mileage by the state for use of such motor vehicle at the time of the incident giving rise to the claim; or
(B)
The employee was authorized to use a rental motor vehicle paid for by the state at the time of the incident giving rise to the claim.
(3)
The requirement that the employee's personal property be required by the state to be used in the course of employment shall be waived if:
(A)
The loss, damage or destruction resulted from an assault and battery upon the state employee;
(B)
The loss, damage or destruction occurred while the employee was performing duties outside the normal scope of such employee's employment at the direction of an immediate supervisor; or
(C)
The loss, damage or destruction occurred as a result of a special hazard of the employee's employment which is not encountered by the general public.
(b)
Notwithstanding subsection (a), the state shall not compensate state employees for the loss, damage or destruction of personal property if:
(1)
The loss, damage or destruction resulted from an act of God or natural disaster;
(2)
The loss, damage or destruction of personal property which is not a motor vehicle resulted from the employee's negligence;
(3)
The loss, damage or destruction of personal property which is a motor vehicle resulted from the employee's gross negligence; or
(4)
The loss, damage or destruction represents normal wear and tear of personal property.
(c)
In cases where the employee has the benefit of insurance coverage for the personal property, the employee shall not be compensated by the state unless the employee has attempted to obtain compensation from such insurer. The state shall compensate the employee only to the extent the employee is not compensated by the insurer.
(d)
In cases where the loss, damage or destruction is to a motor vehicle and the employee does not have the benefit of insurance coverage for the motor vehicle, the employee shall not be compensated by the state in an amount in excess of five hundred dollars ($500).
(e)
The burden shall be upon the employee to prove the extent of the loss, damage or destruction of personal property and the failure of an insurer to compensate for such loss, damage or destruction. The state shall only be responsible for compensating employees to the extent that such proof is submitted.
Acts 1981, ch. 517, § 1; T.C.A., § 9-8-218; Acts 1984, ch. 972, § 19; 1986, ch. 626, § 9; 1988, ch. 850, § 1; 1998, ch. 785, § 1.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 8 - BOARD OF CLAIMS (§§ 9-8-101 — 9-8-409) › Part 2 - EDUCATOR PROTECTION ACT OF 2015 (§§ 9-8-201 — 9-8-206) › Section 9-8-201 - Short title

This part shall be known and may be cited as "The Educator Protection Act of 2015."
Acts 2015, ch. 493, § 1.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 8 - BOARD OF CLAIMS (§§ 9-8-101 — 9-8-409) › Part 2 - EDUCATOR PROTECTION ACT OF 2015 (§§ 9-8-201 — 9-8-206) › Section 9-8-202 - Purpose of part - Tennessee educator liability fund

The purpose of this part is to create the Tennessee educator liability fund to provide excess professional liability insurance coverage for all teachers and student teachers, subject to the appropriations of the general assembly. The fund shall protect against damages for claims arising out of the performance of teachers' and student teachers' duties within the scope of their employment or assignment. The fund shall be administered by the board of claims.
Acts 2015, ch. 493, § 1.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 8 - BOARD OF CLAIMS (§§ 9-8-101 — 9-8-409) › Part 2 - EDUCATOR PROTECTION ACT OF 2015 (§§ 9-8-201 — 9-8-206) › Section 9-8-203 - Part definitions

(a)
As used in this part, unless the context otherwise requires:
(1)
"Fund" means the Tennessee educator liability fund;
(2)
"Student teacher" means an individual enrolled as a student in an institution of higher education approved by the state board of education for teacher training, who is jointly assigned by the institution of higher education and either a local board of education or a charter school to teach under the direction of a licensed teacher employed by the local board of education or the charter school;
(3)
"Teacher":
(A)
Means any individual employed by a local board of education in a position that requires a license issued by the department of education for service in public elementary and secondary schools of this state, supported, in whole or in part, by local, state, or federal funds; and
(B)
Includes an individual employed at a public charter school in a position that requires a license issued by the department of education for service in a public elementary and secondary school of this state.
(b)
For the purposes of this part, teachers and student teachers shall not be considered "state employees" as defined in §
8-42-101
.
Acts 2015, ch. 493, § 1.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 8 - BOARD OF CLAIMS (§§ 9-8-101 — 9-8-409) › Part 2 - EDUCATOR PROTECTION ACT OF 2015 (§§ 9-8-201 — 9-8-206) › Section 9-8-204 - Establishment of Tennessee educator liability fund - Source of funds - Investment of funds

(a)
The Tennessee educator liability fund shall be established as a separate account in the state treasury and shall be separate and apart from the risk management fund established by §
9-8-109
.
(b)
The fund shall be funded from appropriations by the general assembly, and shall include interest earned on the appropriated money. Appropriations to the fund may be adjusted based on the number of claims filed and amounts paid from the fund. Amounts remaining in the fund at the end of each fiscal year, including interest, shall not revert to the general fund.
(c)
Moneys in the fund shall be invested by the state treasurer pursuant to chapter 4, part 6 of this title, for the sole benefit of the fund.
Acts 2015, ch. 493, § 1.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 8 - BOARD OF CLAIMS (§§ 9-8-101 — 9-8-409) › Part 2 - EDUCATOR PROTECTION ACT OF 2015 (§§ 9-8-201 — 9-8-206) › Section 9-8-205 - Authority of board of claims

Notwithstanding any law to the contrary and in addition to the board of claims' authority set forth in §
9-8-108
, the board of claims is authorized to:
(1)
Establish the type or types of insurance and the insurance limits as excess insurance coverage necessary to carry out the purposes of this part;
(2)
Purchase or procure the insurance policy or policies with the fund as the insured;
(3)
Establish the effective date for which insurance coverage will be provided;
(4)
Enter into contracts with financial consultants, actuaries, auditors, investment managers, individual attorneys, law firms, and other consultants and professionals as necessary to effectuate the purposes of this part;
(5)
Establish the process for the administration of claims filed pursuant to this part;
(6)
Recommend annually to the commissioner of finance and administration the total occurrence basis funding required to satisfy the liabilities arising under this part; and
(7)
Promulgate rules that are necessary to carry out the purpose and intent of this part.
Acts 2015, ch. 493, § 1.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 8 - BOARD OF CLAIMS (§§ 9-8-101 — 9-8-409) › Part 2 - EDUCATOR PROTECTION ACT OF 2015 (§§ 9-8-201 — 9-8-206) › Section 9-8-206 - Insurance coverage - Expenses paid from fund - Applicability of coverage

(a)
Coverage provided under this part shall automatically cover all full-time and part-time teachers and student teachers at no cost to the teachers or student teachers.
(b)
The expenses paid from the fund shall include the costs associated with the administration of the fund, including, but not limited to, any insurance policy, policies, or contracts that may be authorized by the board of claims.
(c)
Pursuant to this part, the insurance policy or policies that may be purchased or procured, and the contracts that may be executed, shall cover incidents that have occurred on or after May 20, 2015.
Acts 2015, ch. 493, § 1.