reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 3 - LOCAL GOVERNMENTS (§§ 9-3-101 — 9-3-603) › Part 1 - FUNDING OF LOCAL DEBT (§§ 9-3-101 — 9-3-103) › Section 9-3-102 - Facsimile signatures and seals on public securities

(a)
As used in this chapter, unless the context clearly otherwise requires:
(1)
"Facsimile" means a reproduction by engraving, imprinting, stamping, lithographing or other means;
(2)
"Municipality" means any county, incorporated city or town, school district, utility district, improvement district, taxing district, housing authority, industrial development board, health and educational facilities board, or other district, authority, commission, board, public body or political subdivision in this state; and
(3)
"Public security" means any bond, note, warrant, certificate of indebtedness or other obligation for the payment of money authorized to be issued by a municipality.
(b)
Notwithstanding any other law:
(1)
Any public security required to be executed by the officers of a municipality may be executed with the facsimile rather than the manual signatures of such officers if so provided in the proceedings authorizing the issuance of such public security; provided, that at least one (1) such signature on each public security shall be manually subscribed or, in the alternative, in the case of any public security being authenticated by a corporate trustee pursuant to the terms of an indenture of trust or other trust instrument, only the signature of the authenticating agent of such trustee need be manually subscribed on such public security, if so provided in such proceedings; and
(2)
A facsimile of the official seal of a municipality may be placed on any public security in lieu of the manual impress of such seal, if so provided in the proceedings authorizing the issuance of such public security.
(c)
This section is in addition and supplemental to existing law and shall not repeal any other law permitting the use of facsimile signatures or seals on public securities.
Acts 1985, ch. 118, § 10.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 3 - LOCAL GOVERNMENTS (§§ 9-3-101 — 9-3-603) › Part 1 - FUNDING OF LOCAL DEBT (§§ 9-3-101 — 9-3-103) › Section 9-3-103 - Term of loan agreements - Security for loan agreement

Whenever any county, metropolitan government, incorporated town or city or special district of this state is authorized by law to enter into any loan agreement, indenture or other contract or instrument for the borrowing of money, such loan agreement, indenture or other contract or instrument may be for such term as the parties thereto may agree, but in no event may such term exceed forty (40) years or the term otherwise authorized by law, and may provide for such security as authorized by law for the term of such loan agreement, indenture or other contract or instrument.
Acts 1985, ch. 118, § 11.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 3 - LOCAL GOVERNMENTS (§§ 9-3-101 — 9-3-603) › Part 2 - GENERAL AUDIT PROVISIONS (§§ 9-3-NEW — 9-3-213) › Section 9-3-NEW - [Newly enacted section not yet numbered]

(a)
The comptroller of the treasury, in determining whether a utility system is financially distressed, as defined in § 7-82-401(f)(3) and described in § 7-82-703, shall not consider the straight-line depreciation of an asset acquired or completed in the twelve (12) calendar months preceding the audit, so long as the asset's depreciation is calculated in accordance with generally accepted accounting principles.
(b)
This section only applies to the determination of whether a utility system is financially distressed as defined in § 7-82-401(f)(3) and described in § 7-82-703. A utility system's financial statements must still be completed in accordance with generally accepted accounting principles.
(c)
For the purposes of this section, "utility system" has the same meaning as in § 782-701.
(d)
This section only applies if it is approved by a simple majority vote of the governing body of a utility system at a meeting of the governing body.
Added by 2024 Tenn. Acts, ch. 1004,s 1, eff. 7/1/2024.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 3 - LOCAL GOVERNMENTS (§§ 9-3-101 — 9-3-603) › Part 2 - GENERAL AUDIT PROVISIONS (§§ 9-3-NEW — 9-3-213) › Section 9-3-201 - Purpose and scope of audit

(a)
An audit shall be made:
(1)
For purpose of ascertaining errors, irregularities, or defaults, if any, in the offices of any county officials handling and disbursing public funds;
(2)
For purpose of checking all cost bills to see that all proper items of cost, both county and state, have been duly charged, taxed and reported by the clerks of the courts in all civil, criminal, and chancery cases; and
(3)
To examine and check the accounts of the county superintendents of public instruction for the purpose of ascertaining that the school funds of the state are being expended according to the laws of the state, and for the maintenance and extension of terms of schools in the counties as provided and contemplated by the laws of the state.
(b)
The auditors shall have the authority and jurisdiction to audit the books and records of any judge of the court of general sessions when directed to do so by the comptroller of the treasury.
Acts 1923, ch. 109, § 1; Shan. Supp., § 948a10; Code 1932, § 1654; Acts 1935, ch. 96, § 1; mod. C. Supp. 1950, § 1654 (Williams, §§ 1654, 1661.1); impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), §§ 9-302, 9-3-101; Acts 1985, ch. 118, § 8.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 3 - LOCAL GOVERNMENTS (§§ 9-3-101 — 9-3-603) › Part 2 - GENERAL AUDIT PROVISIONS (§§ 9-3-NEW — 9-3-213) › Section 9-3-202 - Investigation of delinquent taxes

In making such audit, the auditors shall also investigate and ascertain what inheritance and succession taxes and privilege and ad valorem taxes are delinquent and unpaid in any of the counties, and to ascertain the correct and proper amount of such inheritance and succession taxes and privilege and ad valorem taxes that have not been paid.
Acts 1923, ch. 109, § 2; Shan. Supp., § 948a11; Code 1932, § 1655; mod. C. Supp. 1950, § 1655; T.C.A. (orig. ed.), §§ 9-303, 9-3-102; Acts 1985, ch. 118, § 8.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 3 - LOCAL GOVERNMENTS (§§ 9-3-101 — 9-3-603) › Part 2 - GENERAL AUDIT PROVISIONS (§§ 9-3-NEW — 9-3-213) › Section 9-3-203 - Improperly assessed personal property

Such auditors shall have the authority to:
(1)
Ascertain any unassessed personal property or personal property assessed on a wrong or improper basis, or where such assessment on personal property was obtained by fraud, deceit, misrepresentation or concealment, but only for the current year for which such audit is made; and
(2)
Report the same to the comptroller of the treasury, whose duty it is to direct the trustee of the county in which such property is located to enter the same on the tax books of such county and the same to be the assessment in such county wherein is such personal property, and to be collected in the same way and manner as other property assessed for taxation.
Acts 1923, ch. 109, § 3; Shan. Supp., § 948a12; Code 1932, § 1656; Acts 1945, ch. 36, § 1; C. Supp. 1950, § 1656; Acts 1977, ch. 103, § 3; T.C.A. (orig. ed.), §§ 9-304, 9-3-103; Acts 1985, ch. 118, § 8.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 3 - LOCAL GOVERNMENTS (§§ 9-3-101 — 9-3-603) › Part 2 - GENERAL AUDIT PROVISIONS (§§ 9-3-NEW — 9-3-213) › Section 9-3-204 - Filing of report - Further duties

Within a reasonable time after the completion of any such audit in any county, one (1) copy of such audit shall be filed with the county trustee of such county and one (1) with the county mayor. These auditors shall undertake and discharge such further duties as the comptroller of the treasury may from time to time require of them.
Acts 1923, ch. 109, § 1; Shan. Supp., § 948a10; Code 1932, § 1654; Acts 1933, ch. 74, § 5; mod. C. Supp. 1950, § 1654; Acts 1977, ch. 103, § 4; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §§ 9-305, 9-3-104; Acts 1985, ch. 118, § 8; 2003, ch. 90, § 2.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 3 - LOCAL GOVERNMENTS (§§ 9-3-101 — 9-3-603) › Part 2 - GENERAL AUDIT PROVISIONS (§§ 9-3-NEW — 9-3-213) › Section 9-3-205 - Audit of county highway commissions

(a)
The state and county auditors referred to by this part are required to audit the books and records of county highway commissions whenever they make an audit of other offices in the several counties of this state, but this does not apply to counties which have an auditing department or may hereafter have such department.
(b)
Such report setting forth the result of their audit of the county highway commissions shall be filed with the county mayor within a reasonable time after the same has been completed and is subject to public inspection as other public records.
Acts 1945, ch. 159, § 1; C. Supp. 1950, § 1661.1 (Williams, § 1661.2); impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §§ 9-306, 9-3-105; Acts 1985, ch. 118, § 8; 2003, ch. 90, § 2.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 3 - LOCAL GOVERNMENTS (§§ 9-3-101 — 9-3-603) › Part 2 - GENERAL AUDIT PROVISIONS (§§ 9-3-NEW — 9-3-213) › Section 9-3-206 - Access to records

These auditors shall have access to all books, records and accounts, including the official bank accounts of any such officials, for the purpose of making their audits and their reports.
Acts 1923, ch. 109, § 5; Shan. Supp., § 948a14; Code 1932, § 1658; T.C.A. (orig. ed.), §§ 9-307, 9-3-106; Acts 1985, ch. 118, § 8.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 3 - LOCAL GOVERNMENTS (§§ 9-3-101 — 9-3-603) › Part 2 - GENERAL AUDIT PROVISIONS (§§ 9-3-NEW — 9-3-213) › Section 9-3-207 - Summons of witnesses - Documents furnished - Bond of auditors

(a)
These auditors shall also have the right to summon and examine witnesses and to administer the oaths to such witnesses in making any investigation of the records and reports of any such county officials; and also for the purpose of ascertaining and determining and reporting the amount of delinquent or unpaid or unassessed privilege and ad valorem taxes and inheritance and succession taxes.
(b)
The comptroller of the treasury and commissioner of revenue shall furnish these auditors with such reports, documents, data, or other information, as will facilitate their investigation.
Acts 1923, ch. 109, § 5; Shan. Supp., § 948a15; Code 1932, § 1659; impl. am. Acts 1959, ch. 9, § 14; Acts 1977, ch. 103, § 5; T.C.A. (orig. ed.), §§ 9-308, 9-3-107; Acts 1985, ch. 118, § 8.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 3 - LOCAL GOVERNMENTS (§§ 9-3-101 — 9-3-603) › Part 2 - GENERAL AUDIT PROVISIONS (§§ 9-3-NEW — 9-3-213) › Section 9-3-208 - Report and collection of delinquencies

(a)
These auditors are authorized to collect any amounts that their audits may show to be due and owing to the state and county from any such county official; and also to collect any delinquent or unpaid inheritance and succession taxes and privilege and ad valorem taxes that may be due and owing to the county and state, and to report the same to the county mayor for the portion of the same due to the county, and they shall report to the comptroller of the treasury the portion of the same due to the state; provided, that the same can be collected by the auditors without suit.
(b)
But in the event the auditors cannot collect the sums without suit, they shall report the same to the county mayor and to the comptroller of the treasury, and it shall be the duty of the county mayor to have the county attorney of such county, if there be a county attorney elected, and if not, then an attorney of such county mayor's selection residing in the county, to institute suit or suits for the collection of these sums so reported by these auditors within ninety (90) days from the date of receiving such report; provided, that the same has not been barred by the statute of limitation; and provided further, that if it is in the matter of inheritance or succession taxes, that the full time for making payment of same has expired, or, if pending on exception, when disposition is made of such exception. In the event the county mayor fails or refuses to have such suits instituted as herein provided, within ninety (90) days after receiving such report, the comptroller of the treasury may appoint an attorney to institute and prosecute a suit or suits for the benefit of the state and county.
Acts 1923, ch. 109, § 4; Shan. Supp., § 948a13; Code 1932, § 1657; Acts 1945, ch. 36, § 1; mod. C. Supp. 1950, § 1657; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §§ 9-309, 9-3-108; Acts 1985, ch. 118, § 8; 2003, ch. 90, § 2.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 3 - LOCAL GOVERNMENTS (§§ 9-3-101 — 9-3-603) › Part 2 - GENERAL AUDIT PROVISIONS (§§ 9-3-NEW — 9-3-213) › Section 9-3-209 - Attorney's fees for collection of delinquencies

(a)
When suits are instituted by the county mayor or by the comptroller of the treasury as herein provided, the fee to be allowed and paid the attorney for such attorney's services shall be fixed by the county mayor where the suit is instituted by direction of the county mayor, but the same shall be approved by the comptroller of the treasury; and, where suits are instituted by direction of the comptroller of the treasury upon the failure of the county mayor, such attorney's fees shall be fixed by the comptroller of the treasury, with the approval of the governor.
(b)
No attorney's fees shall accrue against the state or county unless they are collected by the attorney from penalties of delinquents.
Acts 1923, ch. 109, § 7; Shan. Supp., § 948a17; Code 1932, § 1661; Acts 1945, ch. 36, § 1; C. Supp. 1950, § 1661; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §§ 9-310, 9-3-109; Acts 1985, ch. 118, § 8; 2003, ch. 90, § 2.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 3 - LOCAL GOVERNMENTS (§§ 9-3-101 — 9-3-603) › Part 2 - GENERAL AUDIT PROVISIONS (§§ 9-3-NEW — 9-3-213) › Section 9-3-210 - County contributions to expenses of audit

(a)
For the purpose of contributing to the expenses and compensation of the auditors, each county shall pay into the office of the comptroller of the treasury, on or before June 30 of each year, the same to be paid into the state treasury by the comptroller of the treasury, an amount to be determined on the basis of thirty-six cents (36¢) for each person in the county as shown by the population of the county under the last or any future federal census.
(b)
Beginning July 1, 2017, and using that year as a base, the foregoing thirty-six cents (36¢) shall be annually increased by three percent (3%), with fractional changes rounded to the nearest one cent (1¢). However, the comptroller of the treasury may, at the comptroller's discretion, reduce the amount required to be paid under this section when the work performed justifies the reduction.
Amended by 2016 Tenn. Acts, ch. 1059,s 1, eff. 4/28/2016.
Acts 1923, ch. 109, § 6; Shan. Supp., § 948a16; Code 1932, § 1660; Acts 1945, ch. 36, § 1; C. Supp. 1950, § 1660; Acts 1953, ch. 59, § 1; modified; Acts 1968, ch. 585, § 1; 1976, ch. 786, § 1; T.C.A. (orig. ed.), § 9-311; Acts 1982, ch. 694, § 1; T.C.A. (orig. ed.), § 9-3-110; Acts 1985, ch. 118, § 8; 1989, ch. 494, § 1; 2008, ch. 762, § 1.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 3 - LOCAL GOVERNMENTS (§§ 9-3-101 — 9-3-603) › Part 2 - GENERAL AUDIT PROVISIONS (§§ 9-3-NEW — 9-3-213) › Section 9-3-211 - Annual audit in each political subdivision and special taxing district

(a)
An annual audit of financial records and transactions covering each fiscal year shall be made of each department, office, agency, division or board which is charged with the care and control of public funds, in each political subdivision and special taxing district and which is not now required by law to be audited by the office of the comptroller of the treasury.
(b)
Such audit for each fiscal year shall be made and completed no later than the close of the succeeding year.
(c)
All audits performed by internal audit staffs of any such department, office, agency, division or board shall be conducted in accordance with the standards established by the comptroller of the treasury, pursuant to §
4-3-304(9)
.
Acts 1961, ch. 233, § 1; T.C.A., § 9-313; Acts 1984, ch. 794, § 5; T.C.A., § 9-3-111; Acts 1985, ch. 118, § 8.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 3 - LOCAL GOVERNMENTS (§§ 9-3-101 — 9-3-603) › Part 2 - GENERAL AUDIT PROVISIONS (§§ 9-3-NEW — 9-3-213) › Section 9-3-212 - Duty to order and pay for audits - Audit standards - Rules and regulations

(a)
It is the duty of each political subdivision, special taxing district, board, commission, educational cooperative, intergovernmental cooperative or other governmental agency, including, but not limited to, municipal corporations, utility districts, school boards, and housing authorities created under the Housing Authorities Law, compiled in title 13, chapter 20, part 1, with respect to all funds under its control, to order and pay for such audit and for any other audit which it is required to perform under state law, and to contract with certified public accountants, public accountants, or the department of audit to make such audit.
(b)
The comptroller of the treasury, when the comptroller deems it necessary, may require any audit required of any such agency, or any investigative or review work in addition to such audit which, in the exercise of the comptroller's discretion, the comptroller believes necessary to ascertain or correct errors, irregularities, or defaults in the management and disbursement of funds controlled by such agency, to be conducted by the department of audit; provided, that the comptroller may also charge such agency for additional investigative or review work or additional accounting services which the comptroller may deem necessary.
(c)
Nothing herein shall amend or modify any requirement of a general or private act for an audit by a certified public accountant or public accountant. This section shall apply to political subdivisions, special taxing districts, boards, commissions, educational cooperatives, intergovernmental cooperatives, and any other governmental agency, including, but not limited to, municipal corporations, utility districts, school boards, and housing authorities created under the Housing Authorities Law, compiled in title 13, chapter 20, part 1, which are otherwise subject to financial audit by the state or federal government. In addition to the other requirements of this section, such agency shall furnish a copy of such audit report to the comptroller of the treasury.
(d)
The comptroller of the treasury, through the department of audit, shall be responsible for determining that such audits are prepared in accordance with generally accepted governmental auditing standards and that such audits meet the minimum standards prescribed by the comptroller. The comptroller of the treasury shall prepare a uniform audit manual as is required to assure that the books and records are kept in accordance with generally accepted accounting principles and that the minimum audit standards prescribed by the comptroller are met.
Amended by 2018 Tenn. Acts, ch. 495,s 6, eff. 2/22/2018.
Acts 1961, ch. 233, § 2; 1977, ch. 103, § 7; T.C.A., §§ 9-314, 9-3-112; Acts 1985, ch. 118, § 8; 1992, ch. 764, § 1.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 3 - LOCAL GOVERNMENTS (§§ 9-3-101 — 9-3-603) › Part 2 - GENERAL AUDIT PROVISIONS (§§ 9-3-NEW — 9-3-213) › Section 9-3-213 - Person or firm making audit to furnish copy to comptroller of the treasury

Any person or firm making such audit shall furnish a certified copy of the audit report to the office of the comptroller of the treasury at the same time of submitting such report to the body that ordered the audit to be made.
Acts 1961, ch. 233, § 3; T.C.A., §§ 9-315, 9-3-113; Acts 1985, ch. 118, § 8.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 3 - LOCAL GOVERNMENTS (§§ 9-3-101 — 9-3-603) › Part 3 - MISAPPROPRIATION OF STATE-SHARED FUNDS (§§ 9-3-301 — 9-3-303) › Section 9-3-301 - Misappropriation of state-shared funds by counties - Withholding of funds - Bond

(a)
In the event that any county official, department, commission or other agency of any county, misappropriates any funds paid to the county from state-shared revenues to the extent that such is in violation of any state law, the comptroller of the treasury, upon determination by a certified audit that such a misappropriation has occurred, shall certify the same to the commissioner of finance and administration.
(b)
Upon such certification, the commissioner shall withhold, or cause to be withheld, from state-shared revenues from all other agencies, commissions, departments, or officials of the county, a sum equal to the ratio of the amount misappropriated during the fiscal year to all the state-shared revenues payable to all agencies or departments of the county during the fiscal year, as applied to the amount of state-shared revenues, the individual agency or department was due from state-shared revenues during the fiscal year.
(c)
Any county official vested by law with the authority to administer state-shared funds shall furnish a good and sufficient bond in the amount of one hundred thousand dollars ($100,000), or in a greater sum as the county legislative body may determine, payable to the state, to indemnify the county against the loss of any funds occurring as a result of such person's unlawful or dishonest acts. The bond must be prepared, executed, filed, and recorded in accordance with title 8, chapter 19.
Amended by 2023 Tenn. Acts, ch. 207,s 14, eff. 7/1/2023.
Amended by 2013 Tenn. Acts, ch. 315, s 20, eff. 4/29/2013.
Acts 1972, ch. 835, § 1; 1977, ch. 270, § 15; T.C.A., §§ 9-316, 9-3-201; Acts 1985, ch. 118, § 8; 1998, ch. 677, § 13.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 3 - LOCAL GOVERNMENTS (§§ 9-3-101 — 9-3-603) › Part 3 - MISAPPROPRIATION OF STATE-SHARED FUNDS (§§ 9-3-301 — 9-3-303) › Section 9-3-302 - Funds may be withheld in year subsequent - Amount equal to amount misappropriated

The commissioner of finance and administration may withhold such funds as specified in §
9-3-301
from distribution to the county during the fiscal year immediately subsequent to the year the misappropriation took place. Upon such certification, the commissioner may withhold or cause to be withheld, from state-shared revenues distributed to the county, for use by a particular agency or department in which the misappropriation occurred, a sum equal to the amount misappropriated.
Acts 1972, ch. 835, § 2; T.C.A., §§ 9-317, 9-3-202; Acts 1985, ch. 118, § 8.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 3 - LOCAL GOVERNMENTS (§§ 9-3-101 — 9-3-603) › Part 3 - MISAPPROPRIATION OF STATE-SHARED FUNDS (§§ 9-3-301 — 9-3-303) › Section 9-3-303 - Right to appeal the determination of comptroller of the treasury

Any county or county official aggrieved by the determination of the comptroller of the treasury may appeal such decision to the chancery court of the county where the misappropriation occurred.
Acts 1972, ch. 835, § 3; T.C.A., §§ 9-318, 9-3-203; Acts 1985, ch. 118, § 8.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 3 - LOCAL GOVERNMENTS (§§ 9-3-101 — 9-3-603) › Part 4 - LOCAL GOVERNMENT MODERNIZATION ACT OF 2005 (§§ 9-3-401 — 9-3-407) › Section 9-3-401 - Short title

In order to ensure local governments in Tennessee maintain adequate accounting records and comply with generally accepted accounting principles for financial accounting and reporting, there is hereby created the "Local Government Modernization Act of 2005."
Acts 2005, ch. 191, § 1.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 3 - LOCAL GOVERNMENTS (§§ 9-3-101 — 9-3-603) › Part 4 - LOCAL GOVERNMENT MODERNIZATION ACT OF 2005 (§§ 9-3-401 — 9-3-407) › Section 9-3-402 - Determination of local governments not in compliance with accounting and financial reporting standards - Development of work plan

The comptroller of the treasury shall determine those local governments that are in noncompliance with the accounting and financial reporting standards established by the Governmental Accounting Standards Board (GASB). Those governments determined to be in noncompliance with GASB accounting and financial reporting standards shall be required to submit an implementation work plan to the comptroller of the treasury on a date prescribed by the comptroller. The chief executive officer of the local government shall serve as the primary person with authority and responsibility for development and submission of the local government's work plan, which shall include the primary government and all component units of the local government. The work plan shall include due dates and responsible persons or parties for implementation.
Amended by 2018 Tenn. Acts, ch. 499,s 1, eff. 2/22/2018.
Acts 2005, ch. 191, § 1.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 3 - LOCAL GOVERNMENTS (§§ 9-3-101 — 9-3-603) › Part 4 - LOCAL GOVERNMENT MODERNIZATION ACT OF 2005 (§§ 9-3-401 — 9-3-407) › Section 9-3-403 - Assistance to develop work plan

If a local government fails to submit a work plan by the date prescribed, the comptroller shall provide assistance to the local government to develop a work plan within sixty (60) days of the date the plan should have been filed. If the local government does not agree to a work plan within this sixty-day period, the comptroller shall provide a work plan that meets the requirements for implementation.
Amended by 2018 Tenn. Acts, ch. 499,s 2, eff. 2/22/2018.
Acts 2005, ch. 191, § 1.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 3 - LOCAL GOVERNMENTS (§§ 9-3-101 — 9-3-603) › Part 4 - LOCAL GOVERNMENT MODERNIZATION ACT OF 2005 (§§ 9-3-401 — 9-3-407) › Section 9-3-406 - Establishment of process for confidential reporting of suspected illegal, improper, wasteful or fraudulent activity - Retaliatory activities prohibited

(a)
An audit committee created pursuant to this chapter shall establish a process by which employees, taxpayers, or other citizens may confidentially report suspected illegal, improper, wasteful, or fraudulent activity. If the information provided causes the chair of the audit committee to believe that illegal, improper, wasteful, or fraudulent activity may have occurred, then the chair of the audit committee shall report the information to the office of the comptroller of the treasury pursuant to title 8, chapter 4, part 5. The detailed information received and generated pursuant to a report of suspected illegal, improper, wasteful, or fraudulent activity, shall be considered audit working papers and is therefore not an open record pursuant to title 10, chapter 7.
(b)
Section
50-1-304
shall apply to all local government employees. In addition, no local government employees shall suffer any of the prohibited retaliatory actions specified in §
50-1-304
for reporting or cooperating with the audit committee, internal auditors, or auditors from, or approved by, the comptroller of the treasury, or for reporting any facts to the local government to which the audit committee is attached. Any person who knowingly and willingly retaliates or takes adverse action of any kind against any person for reporting alleged wrongdoing pursuant to this chapter commits a Class A misdemeanor.
Amended by 2013 Tenn. Acts, ch. 64,s 2, eff. 4/1/2013.
Acts 2009, ch. 368, § 2.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 3 - LOCAL GOVERNMENTS (§§ 9-3-101 — 9-3-603) › Part 4 - LOCAL GOVERNMENT MODERNIZATION ACT OF 2005 (§§ 9-3-401 — 9-3-407) › Section 9-3-407 - Corrective action plan

Each local government with one (1) or more audit findings in its annual audit shall submit a corrective action plan to the comptroller of the treasury or the comptroller's designee in a manner as prescribed by the comptroller or the comptroller's designee that addresses the actions taken or to be taken in response to each audit finding received in the annual audit. The corrective action plan must provide the name or names of the contact person or persons responsible for the corrective action, the corrective action taken or planned, and the anticipated completion date. If the local government does not agree with an audit finding, or believes corrective action is not required, the corrective action plan must state the reasons and justifications for that disagreement or belief.
Added by 2017 Tenn. Acts, ch. 383,s 1, eff. 5/18/2017.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 3 - LOCAL GOVERNMENTS (§§ 9-3-101 — 9-3-603) › Part 5 - PUBLIC EMPLOYEE DEFINED BENEFIT FINANCIAL SECURITY ACT (§§ 9-3-501 — 9-3-507) › Section 9-3-501 - Short title

This part shall be known and may be cited as the "Public Employee Defined Benefit Financial Security Act of 2014."
Added by 2014 Tenn. Acts, ch. 990,s 3, eff. 5/22/2014.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 3 - LOCAL GOVERNMENTS (§§ 9-3-101 — 9-3-603) › Part 5 - PUBLIC EMPLOYEE DEFINED BENEFIT FINANCIAL SECURITY ACT (§§ 9-3-501 — 9-3-507) › Section 9-3-502 - Applicability of part

This part shall apply to political subdivisions that provide defined benefit plans not administered by the Tennessee consolidated retirement system.
Added by 2014 Tenn. Acts, ch. 990,s 3, eff. 5/22/2014.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 3 - LOCAL GOVERNMENTS (§§ 9-3-101 — 9-3-603) › Part 5 - PUBLIC EMPLOYEE DEFINED BENEFIT FINANCIAL SECURITY ACT (§§ 9-3-501 — 9-3-507) › Section 9-3-503 - Part definitions

(a)
As used in this part, unless the context otherwise requires:
(1)
"Actuarially determined contribution" (ADC), formerly known as the "actuarially required contribution" means the actuarially determined annual required contribution that incorporates both the normal cost of benefits and the amortization of the pension plan's unfunded accrued liability;
(2)
"Pension plan" means the defined benefit pension plan established and maintained by a political subdivision for its employees, excluding a political subdivision's participation in the Tennessee consolidated retirement system pursuant to title 8, chapters 34-37. The term "pension plan" shall include all pension plans that are open or closed to membership, and shall also include the plural, referring to any and all pension plans provided by a political subdivision;
(3)
"Political subdivision" means any local governmental entity, including, but not limited to any municipality, metropolitan government, county, utility district, school district, public building authority, housing authority, emergency communications district, and development district created and existing pursuant to the laws of this state, or any instrumentality of government created by any one (1) or more of the named local governmental entities;
(4)
"Political subdivision employee" means any person in the employ of a political subdivision who participates in the political subdivision's pension plan;
(5)
"Unfunded accrued liability" means the actuarially determined accrued liabilities of the pension plan that are greater than the actuarially determined value of the pension plan assets.
Added by 2014 Tenn. Acts, ch. 990,s 3, eff. 5/22/2014.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 3 - LOCAL GOVERNMENTS (§§ 9-3-101 — 9-3-603) › Part 6 - BLOCKCHAIN, CRYPTOCURRENCY, NON-FUNGIBLE TOKENS, OR VIRTUAL CURRENCY [Repealed effective 6/30/2025] (§§ 9-3-601 — 9-3-603) › Section 9-3-601 - [Repealed effective 6/30/2025] Restrictions on payment or conversion of compensation or funds to blockchain, cryptocurrency, non - Fungible tokens, or virtual currency

(a)
Notwithstanding another law to the contrary, a governmental entity shall not pay, compensate, award, or remit funds in the form of, or facilitate directly or indirectly the conversion of compensation or funds to, blockchain, cryptocurrency, non-fungible tokens, or virtual currency to an individual person, corporation, or other entity without the prior written approval of the state treasurer.
(b)
A governmental entity shall not procure services for the performance of the actions prohibited by subsection (a) without the prior written approval of the state treasurer.
Added by 2022 Tenn. Acts, ch. 861, s 1, eff. 4/14/2022.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 3 - LOCAL GOVERNMENTS (§§ 9-3-101 — 9-3-603) › Part 6 - BLOCKCHAIN, CRYPTOCURRENCY, NON-FUNGIBLE TOKENS, OR VIRTUAL CURRENCY [Repealed effective 6/30/2025] (§§ 9-3-601 — 9-3-603) › Section 9-3-602 - [Repealed effective 6/30/2025] Part definitions

As used in this part:
(1)
"Blockchain" means a decentralized data system in which the data stored is mathematically verifiable that uses distributed ledger technology, as defined in §
47-10-201
, or databases to store specialized data in the permanent order of transactions recorded;
(2)
"Cryptocurrency" means a virtual currency that utilizes cryptography to validate and secure transactions that are digitally recorded through distributed ledger technology;
(3)
"Governmental entity" means a local governmental entity, including, but not limited to, a municipality, metropolitan government, county, utility district, school district, public building authority, and development district created and existing pursuant to the laws of this state, or an instrumentality of government created by one (1) or more of the named local governmental entities or by an act of the general assembly;
(4)
"Non-fungible token" means a non-fungible cryptographic asset on a blockchain that possesses unique identifiers or other metadata that distinguishes the asset from another token or asset in a manner that makes the asset irreplaceable and non-exchangeable for a similar token or asset; and
(5)
"Virtual currency" means a digital representation of value that functions as a medium of exchange, a unit of discount, or a store of value, but does not have legal tender status in the United States.
Added by 2022 Tenn. Acts, ch. 861, s 1, eff. 4/14/2022.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 3 - LOCAL GOVERNMENTS (§§ 9-3-101 — 9-3-603) › Part 6 - BLOCKCHAIN, CRYPTOCURRENCY, NON-FUNGIBLE TOKENS, OR VIRTUAL CURRENCY [Repealed effective 6/30/2025] (§§ 9-3-601 — 9-3-603) › Section 9-3-603 - [Repealed effective 6/30/2025] Repealer

This part is repealed on June 30, 2025.
Added by 2022 Tenn. Acts, ch. 861, s 1, eff. 4/14/2022.
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 1 - DEFINITIONS (§§ 9-4-101 — 9-4-109) › Section 9-4-101 - Collateral

"Collateral" means eligible collateral pledged by a state depository.
Acts 1985, ch. 118, § 13.
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 1 - DEFINITIONS (§§ 9-4-101 — 9-4-109) › Section 9-4-102 - Default

"Default" may include, but is not limited to:
(1)
The failure of any state depository to return any state deposit, including earned interest, in accordance with the terms of the deposit contract;
(2)
The failure of any state depository to pay any check, draft or warrant drawn by the state treasurer;
(3)
The failure of any state depository to honor any request for electronic transfer of funds to the state;
(4)
The failure of any state depository to account for any check, draft, warrant, order, deposit certificate or money entrusted to it by the state;
(5)
The issuance of any order of any court or the taking of any formal action by any supervisory authority, which has the effect of restraining a state depository from making payments of deposit liabilities;
(6)
The appointment of a receiver for a state depository; or
(7)
Any other action which the state treasurer determines to place state deposits in jeopardy.
Acts 1985, ch. 118, § 14.
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 1 - DEFINITIONS (§§ 9-4-101 — 9-4-109) › Section 9-4-104 - Loss

"Loss" includes, but is not limited to:
(1)
The principal amount of the state deposit;
(2)
All accrued interest through the date of default;
(3)
Additional interest at the rate the state deposit was earning on the total of subdivisions (1) and (2) through the day of payment to the state by a liquidator or other third party or through the date of sale by the state treasurer or the state treasurer's agent; and
(4)
Attorney's fees incurred in recovering state deposits.
Acts 1985, ch. 118, § 16.
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 1 - DEFINITIONS (§§ 9-4-101 — 9-4-109) › Section 9-4-105 - Required collateral

"Required collateral" means collateral whose market value is equal to one hundred five percent (105%) of the value of the state deposit secured thereby, less so much of such amount as is protected by the federal deposit insurance corporation.
Acts 1985, ch. 118, § 17; 1990, ch. 702, § 2.
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 1 - DEFINITIONS (§§ 9-4-101 — 9-4-109) › Section 9-4-106 - State deposit

"State deposit" means all state funds which are placed in a state depository, plus interest accrued thereon.
Acts 1985, ch. 118, § 18.
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 1 - DEFINITIONS (§§ 9-4-101 — 9-4-109) › Section 9-4-108 - Trustee custodian

(a)
"Trustee custodian" means any bank or federal reserve bank or branch thereof or the federal home loan bank which the state treasurer has designated as trustee custodian to hold eligible collateral on behalf of the state treasurer. Such designation by the state treasurer of a bank other than a federal reserve bank or the federal home loan bank shall be submitted to the commissioners of financial institutions and finance and administration for their concurrence.
(b)
Financial institutions located outside this state shall be eligible to apply to be designated as trustee custodians pursuant to subsection (a); provided, that the financial institution:
(1)
Is approved to serve as a trustee custodian to hold collateral pledged to secure United States treasury tax and loan accounts;
(2)
Agrees that the laws of this state shall govern in determining its rights and responsibilities as a trustee custodian; and
(3)
Agrees to be subject to the jurisdiction of the courts of this state, or of the courts of the United States which are located within this state, for the purpose of any litigation arising out of this chapter.
Acts 1985, ch. 118, § 20; 1990, ch. 702, § 6.
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 1 - DEFINITIONS (§§ 9-4-101 — 9-4-109) › Section 9-4-109 - Applicability of this part and parts 3 and 5 of this chapter - "State treasurer" construed

(a)
Parts 1, 3 and 5 of this chapter apply to the deposit of all public funds by counties and municipalities including, but not limited to, those deposited under §§
5-8-201
,
5-8-207
,
5-8-301(b)(2)
,
6-4-402
,
6-22-120
,
6-35-313
,
6-56-106
, and
6-56-110
. No private act shall provide for the deposit or security for public funds in any manner or under any terms other than that provided in this chapter.
(b)
For the purpose of carrying out this section, any reference to the state treasurer or any other state official in this part and part 4 of this chapter is deemed to mean the county or municipal official charged with the deposit of county or municipal funds, and shall not require the state treasurer nor any other state official to perform any deposit, collateral nor safekeeping services on behalf of the local government.
Acts 1994, ch. 752, § 9; 1996, ch. 621, § 1; T.C.A. §
9-4-111
.
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 2 - ACCOUNTS OR APPROPRIATIONS FOR DESIGNATED PURPOSES (§§ 9-4-201 — 9-4-214) › Section 9-4-201 - Special federal funds

The commissioner of finance and administration shall set up and maintain special accounts in the general fund with respect to moneys received for designated purposes from the federal government.
Acts 1985, ch. 118, § 21.
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 2 - ACCOUNTS OR APPROPRIATIONS FOR DESIGNATED PURPOSES (§§ 9-4-201 — 9-4-214) › Section 9-4-202 - Separate account, collateral, and bond

(a)
Notwithstanding any law or regulation to the contrary, any reference to a separate account in state law is deemed to mean a separate account within the state's accounting system and shall not require establishment of a separate account in a state depository.
(b)
Any reference to separate collateral shall be satisfied if sufficient total collateral is maintained in accordance with parts 1-4 of this chapter.
(c)
Any reference to separate bond shall be satisfied through coverage of the state treasurer by the state's blanket surety bond pursuant to §
4-4-108
.
Acts 1985, ch. 118, § 22.
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 2 - ACCOUNTS OR APPROPRIATIONS FOR DESIGNATED PURPOSES (§§ 9-4-201 — 9-4-214) › Section 9-4-203 - Trust funds

Unless otherwise provided by law, the funding board established by §
9-9-101
shall act as trustee for any funds which are directed to be held in trust by the state or any agency thereof. Unless otherwise provided by law, the state treasurer shall invest such trust funds under policy guidelines established by resolution of the funding board pursuant to §
9-4-602
. Each trust fund shall be responsible for administrative expenses incurred in the investment of such funds.
Acts 1985, ch. 118, § 23.
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 2 - ACCOUNTS OR APPROPRIATIONS FOR DESIGNATED PURPOSES (§§ 9-4-201 — 9-4-214) › Section 9-4-204 - Police pay supplement fund

(a)
There is created within the general fund a special agency account to be known as the "police pay supplement fund."
(b)
Notwithstanding any law to the contrary, all funds designated to fund the police pay supplement created pursuant to §
38-8-111
shall be deposited in the police pay supplement fund and disbursed in accordance with law solely for the payment of police pay supplements and such other uses as may be authorized by §
38-8-111
.
Acts 1985, ch. 461, § 2; 2007, ch. 567, § 2; 2011, ch. 84, § 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 2 - ACCOUNTS OR APPROPRIATIONS FOR DESIGNATED PURPOSES (§§ 9-4-201 — 9-4-214) › Section 9-4-205 - Victims of crime assistance fund

(a)
There is created a fund within the treasury of the state of Tennessee to be known as the "victims of crime assistance fund."
(b)
Moneys shall be deposited to the fund pursuant to §
67-4-606
and as may be otherwise provided by law and shall be invested pursuant to §
9-4-603
. Moneys in the fund shall not revert to the general fund of the state, but shall remain available for appropriation to victims of crime assistance programs as determined by the general assembly.
(c)
Funds in the victims of crime assistance fund and available federal funds, to the extent permitted by federal law and regulation, shall be used first to fund the victim-witness coordinator program established in §
8-7-206
and, to the extent that additional funds are available, to support other eligible victims of crime assistance programs. Such eligible victims of crime assistance programs shall include, but not be limited to, programs which provide appropriate counseling and support to victims, including each victim's family and programs which assist in the rehabilitation of victims of crime.
(d)
The commissioner of human services shall receive grant applications for funds and shall approve such grants as are desirable to effectuate the purposes of the Victims of Crime Assistance Act of 1986, as contained in this section and §§
8-7-206
,
40-24-107(e)
[repealed], and 67-4-606(a)(5), to the full extent of available funding in the victims of crime assistance fund established by this section. To assist in establishing criteria, priorities and the review of grant applications, the commissioner of human services shall establish an advisory committee composed of persons from each grand division who are knowledgeable in establishing and administering victims of crime assistance programs.
Acts 1986, ch. 880, § 1; 2002, ch. 723, § 4.
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 2 - ACCOUNTS OR APPROPRIATIONS FOR DESIGNATED PURPOSES (§§ 9-4-201 — 9-4-214) › Section 9-4-206 - Impaired drivers trust fund

(a)
There is created in the state treasury a fund to be known as the "impaired drivers trust fund." Moneys shall be deposited in the fund as provided in §
55-10-413(b)
, and shall be invested for the benefit of the fund pursuant to §
9-4-603
. Moneys in the fund shall not revert to the general fund of the state, but shall remain available to be used by the division of vocational rehabilitation in the department of human services exclusively for the purpose specified in subsection (b).
(b)
(1)
The purpose of the impaired drivers trust fund is to provide financial assistance unavailable through any other source to residents of the state who, as a result of a traumatic brain injury, require such assistance. Moneys in the fund shall, whenever possible, be utilized to match any available federal dollars, and such moneys from the trust fund and the federal match shall be utilized to provide services needed to assist persons suffering from traumatic brain injuries including, but not limited to, day care services, available physical therapy, and any other appropriate developmental programs.
(2)
As used in this subsection (b), "traumatic brain injury":
(A)
Means an acquired injury to the brain caused by an external physical force resulting in total or partial disability or impairment;
(B)
Includes open and closed head injuries that may result in seizures, and/or in mild, moderate, or severe impairments in one (1) or more areas including cognition, language, memory, attention, reasoning, abstract thinking, psychosocial behavior, physical functions, information processing, and speech; and
(C)
Does not include brain injuries induced by birth trauma, but may include brain injuries caused by anoxia and other related causes, infectious disease not of a degenerative nature, brain tumor, toxic chemical or drug reactions.
Amended by 2013 Tenn. Acts, ch. 154,s 30, eff. 7/1/2013.
Acts 1990, ch. 1081, § 2; 1993, ch. 470, § 1.