reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 10 - PUBLIC BUILDING AUTHORITIES ACT OF 1971 (§§ 12-10-101 — 12-10-124) › Section 12-10-112 - Security for bonds - Enforcement - Revision of lease, loan agreement or sales contract charges

(a)
The principal of and interest on any bonds issued by the authority shall be secured by a pledge of the revenues and receipts out of which the same shall be made payable and may be secured by a mortgage or deed of trust covering all or any part of the projects from which the revenues or receipts so pledged may be derived, including any enlargements of and additions to any such projects thereafter made, and by an assignment and pledge of all or any part of the authority's interest in and rights under the leases, sales contracts, or loan agreements relating to such projects, or any part thereof. The proceedings under which the bonds are authorized to be issued and any such mortgage or deed of trust may contain any agreements and provisions respecting the maintenance of the projects covered thereby, the fixing and collection of rents for any portions thereof leased by the authority to others, the creation and maintenance of special funds from such revenues and the rights and remedies available in the event of default, all as the board of directors shall deem advisable and not in conflict with this chapter. Each pledge, agreement, mortgage and deed of trust made for the benefit or security of any of the bonds of the authority shall continue effective until the principal of and interest on the bonds for the benefit of which the same were made shall have been fully paid. In the event of default in such payment or in any agreement of the authority made as a part of the contract under which the bonds were issued, whether contained in the proceedings authorizing the bonds or in any mortgage and deed of trust executed as security therefor, such payment or agreement may be enforced by suit, mandamus, the appointment of a receiver in equity or by foreclosure of any such mortgage and deed of trust, or any one (1) or more of such remedies.
(b)
The board of directors of any authority issuing bonds under provisions of this chapter shall charge, collect and revise from time to time, whenever necessary, rents and charges for the rental of projects or parts thereof or installment payments under any loan agreement or sales contract with respect thereto, the revenues from which are pledged to the payment of such bonds, sufficient to pay for the operation and maintenance of such projects and such portion of the administrative costs of the authority as may be provided in the lease or leases of such projects or the loan agreement or agreements or the sales contract or contracts with respect thereto, and to pay such bonds and the interest thereon as the same become due, including such reserves as may be determined to be necessary by the board of directors.
Acts 1971, ch. 126, § 12; T.C.A., § 12-912; Acts 1982, ch. 902, § 10; 1984, ch. 823, § 6.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 10 - PUBLIC BUILDING AUTHORITIES ACT OF 1971 (§§ 12-10-101 — 12-10-124) › Section 12-10-113 - Tax exemption - Status under securities law

(a)
The authority is hereby declared to be performing a public function in behalf of the municipality with respect to which it is organized, and to be a public instrumentality of such municipality. Accordingly, the authority and all properties at any time owned by it, and the income therefrom, and all bonds issued by it, and the income therefrom, shall be exempt from all taxation in this state.
(b)
Also, for purposes of the Securities Law of 1955, formerly compiled in §§ 48-1601 - 48-1653 [repealed], and any amendment thereto or substitution therefor, bonds issued by the authority shall be deemed to be securities issued by a public instrumentality or a political subdivision of this state.
Acts 1971, ch. 126, § 13; T.C.A., § 12-913.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 10 - PUBLIC BUILDING AUTHORITIES ACT OF 1971 (§§ 12-10-101 — 12-10-124) › Section 12-10-114 - Nonliability of municipality

(a)
The municipality shall not in any event be liable for the payment of the principal of or interest on any bonds of the authority or for the performance of any pledge, mortgage, obligation or agreement of any kind whatsoever which may be undertaken by the authority, and none of the bonds of the authority or any of its agreements or obligations shall be construed to constitute an indebtedness of the municipality within the meaning of any constitutional or statutory provision whatsoever.
(b)
Notwithstanding subsection (a), a municipality may, by a written indemnity agreement, agree to indemnify an authority and its directors, officers and employees against losses, claims, expenses, costs, obligations, debts, suits, demands, actions and liabilities, including those arising from the authority's negligence, which are asserted against the authority, or its directors, officers or employees in connection with any project undertaken by the authority, and such indemnity agreement shall be enforceable against the municipality in accordance with its terms, including any such indemnity agreement in effect on May 7, 1998.
Acts 1971, ch. 126, § 14; T.C.A., § 12-914; Acts 1998, ch. 904, § 1.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 10 - PUBLIC BUILDING AUTHORITIES ACT OF 1971 (§§ 12-10-101 — 12-10-124) › Section 12-10-117 - Execution of leases, contracts and deeds

Except as otherwise provided in this chapter, all leases, contracts, deeds of conveyance, or instruments in writing executed by the authority shall be executed in the name of the authority by the chair and secretary of the authority, or by such other officers as the board of directors, by resolution, may direct, and the seal of the authority shall be affixed thereto.
Acts 1971, ch. 126, § 17; T.C.A., § 12-917.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 10 - PUBLIC BUILDING AUTHORITIES ACT OF 1971 (§§ 12-10-101 — 12-10-124) › Section 12-10-118 - Status as nonprofit corporation - Disposition of earnings

The authority shall be a public nonprofit corporation and no part of its net earnings remaining after payment of its expenses shall inure to the benefit of any individual, firm or corporation, except that in the event the board shall determine that sufficient provision has been made for the full payment of the expenses, bonds and other obligations of the authority, including reserves therefor, then any net earnings of the authority thereafter accruing may be used to provide a reserve for depreciation of any project or projects undertaken by such authority in an amount determined by the board to be necessary and reasonable, and net earnings available thereafter shall be paid to the municipality with respect to which the authority was organized; provided, that nothing herein contained shall prevent the board from transferring all or any part of its properties in accordance with the terms of any lease entered into by the authority.
Acts 1971, ch. 126, § 18; T.C.A., § 12-918.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 10 - PUBLIC BUILDING AUTHORITIES ACT OF 1971 (§§ 12-10-101 — 12-10-124) › Section 12-10-119 - Dissolution of authority

Whenever the board of directors of an authority shall by resolution determine that there has been substantial compliance with the purposes for which the authority was formed and all bonds theretofore issued and all obligations theretofore incurred by the authority have been fully paid, the members of the board shall thereupon execute and file for record in the office of the secretary of state a certificate of dissolution reciting such facts and declaring the authority to be dissolved. Such certificate of dissolution shall be executed under the seal of the authority. Upon the filing of such certificate of dissolution, the authority shall stand dissolved, the title to all funds and properties owned by it at the time of such dissolution shall vest in the municipality with respect to which the authority was organized, and possession of such funds and properties shall forthwith be delivered to such municipality.
Acts 1971, ch. 126, § 19; T.C.A., § 12-919.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 10 - PUBLIC BUILDING AUTHORITIES ACT OF 1971 (§§ 12-10-101 — 12-10-124) › Section 12-10-120 - Joint operation of authorities

The powers herein conferred upon authorities created under this chapter may be exercised by two (2) or more such authorities acting jointly. Two (2) or more municipalities may by acting jointly incorporate a public building authority to effectuate the purposes of this chapter. When two (2) or more municipalities incorporate such an authority, each and every requisite pertaining to the application for incorporation, qualification of applicants, certificate of incorporation and amendment of certificate shall, as nearly as may be practicable, be incumbent in like manner upon each municipality joining in the creation of such public building authority.
Acts 1971, ch. 126, § 20; T.C.A., § 12-920.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 10 - PUBLIC BUILDING AUTHORITIES ACT OF 1971 (§§ 12-10-101 — 12-10-124) › Section 12-10-121 - Project sites - State may transfer property to and contract with authorities

(a)
Any municipal corporation may acquire a project site by gift, purchase or lease, or exercise of the power of eminent domain, and may transfer any project site to an authority by sale, lease or gift. Such transfer may be authorized by a resolution of the governing body of the municipal corporation without submission of the question to the voters, and without regard to the requirements, restrictions, limitations or other provisions contained in any other general, special or local law. Such project site may be within or without the municipal corporation, or partially within and partially without the municipal corporation.
(b)
The state of Tennessee may make such contribution, grant, loan, gift, transfer, sale or lease of money or property, both real and personal, to an authority, and may enter into such contracts and agreements with respect thereto, as may from time to time be deemed necessary and desirable by the state, and subject to the requirements, restrictions, limitations or other provisions contained in any other general, special or local law.
Acts 1971, ch. 126, § 21; T.C.A., § 12-921; Acts 1980, ch. 653, § 9.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 10 - PUBLIC BUILDING AUTHORITIES ACT OF 1971 (§§ 12-10-101 — 12-10-124) › Section 12-10-122 - Application of other laws to authority - Compliance with contract requirements - Agreements concerning interest rates

(a)
Neither this chapter nor anything herein contained shall be construed as a restriction or limitation upon any powers which an authority, as a public corporation, might otherwise have under any laws of this state, but shall be construed as cumulative of any such powers. No proceedings, notice or approval shall be required for the organization of the authority or the issuance of any bonds or any instrument as security therefor, except as herein provided, any other law to the contrary notwithstanding; provided, that nothing herein shall be construed to deprive the state and its governmental subdivisions of their respective police powers over properties of the authority, or to impair any power thereover of any official or agency of the state and its governmental subdivisions which may be otherwise provided by law. Projects may be acquired, purchased, constructed, reconstructed, improved, bettered and extended and bonds may be issued under this chapter for such purposes, notwithstanding that any other general, special or local law may provide for the acquisition, purchase, construction, reconstruction, improvement, betterment and extension of a like project, or the issuance of bonds for like purposes, and without regard to the requirements, restrictions, limitations or other provisions contained in any other general, special or local law.
(b)
Prior to the adoption or promulgation by the state funding board of guidelines, rules or regulations with respect to the contracts and agreements authorized in §
12-10-111(j) and (k)
and §
12-10-116(c)
, a municipal corporation or authority may enter into such contracts or agreements to the extent otherwise authorized in this chapter or in any other law notwithstanding §
12-10-111(j) and (k)
and §
12-10-116(c)
. Nothing in §
12-10-111(j) and (k)
and §
12-10-116(c)
is intended to alter any existing authority in this chapter or in any other law otherwise providing authority for a municipal corporation or authority to enter into the contracts or agreements described in §
12-10-111(j) and (k)
and §
12-10-116(c)
, previously entered into or entered into prior to the adoption or promulgation by the state funding board of guidelines, rules or regulations.
Acts 1971, ch. 126, § 22; T.C.A., § 12-922; Acts 1999, ch. 426, § 3; 2000, ch. 811, § 1.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 11 - INTERSTATE CONTRACTING FOR FEDERAL PROGRAMS ACT (§§ 12-11-101 — 12-11-104) › Section 12-11-101 - Short title - Purpose

(a)
This chapter may be cited as the "Interstate Contracting for Federal Programs Act."
(b)
The purpose of this chapter is to allow the state to join with other states in contracting to provide necessary materials and services for federal-state programs, in order to provide effective use of combined resources to prevent duplication and unnecessary expense to the citizens of this state.
Acts 1997, ch. 283, § 1.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 11 - INTERSTATE CONTRACTING FOR FEDERAL PROGRAMS ACT (§§ 12-11-101 — 12-11-104) › Section 12-11-102 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Contractor" means a governmental entity, corporation, partnership, natural person, or joint venture which is qualified to provide materials and services for use in federal-state programs;
(2)
"Federal government authorization" means approval in writing, whether in the form of statute, regulation, bulletin, manual, or letter signed by an authorized person, approving certain activities under a federal-state program;
(3)
"Joint federal-state program" means any program authorized by the statutes and/or regulations of the United States and the state of Tennessee where both governments supervise, authorize, and/or fund a program to provide money, goods, or assistance to residents of the state of Tennessee. A program may be a joint federal-state program even if one (1) government is solely responsible for funding or operating the program;
(4)
"State" means a state of the United States;
(5)
"State of Tennessee" includes all agencies of the state of Tennessee listed in title 4, chapter 3; and
(6)
"United States" means the federal government of the United States or any federal agency as defined under federal law.
Acts 1997, ch. 283, § 1.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 11 - INTERSTATE CONTRACTING FOR FEDERAL PROGRAMS ACT (§§ 12-11-101 — 12-11-104) › Section 12-11-103 - Contracts for joint federal-state programs

(a)
The state of Tennessee may enter into joint contractual arrangements with other states and/or the United States to obtain materials and services to carry out the purposes of a federal-state program.
(b)
The state of Tennessee may enter into agreements with another state and/or the United States to purchase materials and services to carry out the purposes of a federal-state program. This agreement may be part of a series of the agreements whereas one (1) state or the United States has agreed to serve as a "lead state" and purchase materials and/or services from one (1) or more contractors, and resell these materials and services to the state of Tennessee and other states.
(c)
The state of Tennessee may serve as a "lead state" and thus agree to purchase materials and/or services from one (1) or more contractors, and resell some of these materials and services to one (1) or more other states.
(d)
No contract authorized under subsections (a)-(c) may be signed unless the contract is for goods and services necessary for a federal-state program, the procurement is legally acceptable under the laws of the federal government and those of all participating states, and unless the procurement has received federal government authorization.
(e)
The contracts authorized under subsections (a)-(c) may be entered into with one (1) or more states or the United States and one (1) or more contractors as defined in §
12-11-102
.
(f)
Any contract authorized by this section may be negotiated and entered into without regard to the requirements for competitive bidding of chapter 3 of this title and the requirements of former §
12-4-109
[See the Compiler's Notes]. Such exemptions must be approved in writing by the commissioner of the agency of the state of Tennessee authorized to manage the joint federal-state program, the commissioner of finance and administration and the comptroller of the treasury.
Acts 1997, ch. 283, § 1.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 11 - INTERSTATE CONTRACTING FOR FEDERAL PROGRAMS ACT (§§ 12-11-101 — 12-11-104) › Section 12-11-104 - Negotiations for joint federal-state program contracts

(a)
The state of Tennessee may join with other states and/or the United States in evaluating responses to invitations for proposals for contracts to supply materials or services for joint federal-state programs. The state of Tennessee, subject to the approval of the attorney general and reporter, may negotiate agreements with other states concerning the joint procurement efforts.
(b)
The state will have the right to terminate negotiations or contracts pursuant to this chapter at any time in its sole discretion. The state's right to terminate will be regardless of whether the procurement effort has been approved by any federal court or agency or if other states or federal agencies determine to continue with a joint procurement program.
(c)
All contracts entered into pursuant to this chapter are contingent on the receipt of necessary appropriations from the general assembly and the federal government, and shall be terminated if such funding becomes unavailable.
Acts 1997, ch. 283, § 1.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 12 - IRAN DIVESTMENT ACT (§§ 12-12-101 — 12-12-113) › Section 12-12-101 - Short title

This chapter shall be known and may be cited as the "Iran Divestment Act."
Added by 2016 Tenn. Acts, ch. 817,s 1, eff. 7/1/2016.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 12 - IRAN DIVESTMENT ACT (§§ 12-12-101 — 12-12-113) › Section 12-12-102 - Legislative intent

It is the intent of the general assembly to fully implement the authority granted under Section 202 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (Public Law 111-195).
Added by 2016 Tenn. Acts, ch. 817, s 1, eff. 7/1/2016.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 12 - IRAN DIVESTMENT ACT (§§ 12-12-101 — 12-12-113) › Section 12-12-103 - Chapter definitions

As used in this chapter:
(1)
"Energy sector of Iran" means activities to develop petroleum or natural gas resources or nuclear power in Iran;
(2)
"Financial institution" means the term as used in Section 14 of the Iran and Libya Sanctions Act of 1996 (Public Law 104- 172;
50 U.S.C. § 1701
note);
(3)
"Investment" means a commitment or contribution of funds or property, whatever the source, a loan or other extension of credit, and the entry into or renewal of a contract for goods or services. "Investment" does not include indirect beneficial ownership through index funds, commingled funds, limited partnerships, derivative instruments, or the like;
(4)
"Iran" includes the government of Iran and any agency or instrumentality of Iran;
(5)
"Person" means any of the following:
(A)
A natural person, corporation, company, limited liability company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group;
(B)
Any governmental entity or instrumentality of a government, including a multilateral development institution, as defined in Section 1701(c)(3) of the International Financial Institutions Act (
22 U.S.C. § 262r(c)(3)
); or
(C)
Any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in subdivisions (5)(A) and (B); and
(6)
"State agency" means each state board, commission, department, executive department or office, institution, and instrumentality.
Added by 2016 Tenn. Acts, ch. 817, s 1, eff. 7/1/2016.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 12 - IRAN DIVESTMENT ACT (§§ 12-12-101 — 12-12-113) › Section 12-12-104 - Chapter inapplicable to procurement of contract valued at $1,000 or less

This chapter shall not apply to a procurement or contract valued at one thousand dollars ($1,000) or less.
Added by 2016 Tenn. Acts, ch. 817,s 1, eff. 7/1/2016.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 12 - IRAN DIVESTMENT ACT (§§ 12-12-101 — 12-12-113) › Section 12-12-105 - Engagement in investment activities in Iran

For purposes of this chapter, a person engages in investment activities in Iran if:
(1)
The person provides goods or services of twenty million dollars ($20,000,000) or more in the energy sector of Iran, including a person that provides oil or liquefied natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquefied natural gas, for the energy sector of Iran; or
(2)
The person is a financial institution that extends twenty million dollars ($20,000,000) or more in credit to another person, for forty-five (45) days or more, if that person will use the credit to provide goods or services in the energy sector in Iran and is identified on a list, created pursuant to §
12-12-106
, as a person engaging in investment activities in Iran as described in this section.
Added by 2016 Tenn. Acts, ch. 817,s 1, eff. 7/1/2016.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 12 - IRAN DIVESTMENT ACT (§§ 12-12-101 — 12-12-113) › Section 12-12-106 - List of persons engaging in investment activities in Iran - Ineligibility to contract with state

(a)
(1)
No more than one hundred twenty (120) days after July 1, 2016, the state chief procurement officer shall publish, using credible information freely available to the public, a list of persons it determines engage in investment activities in Iran, as described in §
12-12-105
. The list, when completed, shall be posted on the state's website.
(2)
The chief procurement officer shall update the list every one hundred eighty (180) days, using credible, freely available, public information regarding the persons or entities described in subdivision (a)(1).
(3)
Before finalizing an initial list or an updated list, as reasonably practicable, the chief procurement officer shall do all of the following before a person is included on the list:
(A)
Provide ninety (90) days' written notice of the chief procurement officer's intent to include the person on the list, if the state is reasonably able to provide the written notice by electronic communication or through the U.S. postal service. The notice shall inform the person that inclusion on the list would make the person ineligible to contract with the state. The notice shall specify that the person, if it ceases its engagement in investment activities in Iran, may be removed from the list;
(B)
The chief procurement officer shall provide a person with an informal opportunity to comment in writing that it is not engaged in investment activities in Iran. If the person demonstrates to the chief procurement officer that the person is not engaged in investment activities in Iran, the person shall not be included on the list. Nothing in this section requires a contested case hearing as set forth in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. A person contesting being placed on the list described in subsection (a) shall exhaust all administrative remedies provided in this section prior to the initiation of any judicial review of being placed on such list.
(4)
The chief procurement officer shall make every effort to avoid erroneously including a person on the list.
(b)
A person that is identified on a list created pursuant to subsection (a) as a person engaging in investment activities in Iran as described in §
12-12-105
, is ineligible to contract with the state.
(c)
Any contract entered into with a person that is ineligible to contract with the state shall be terminated by the state.
Added by 2016 Tenn. Acts, ch. 817,s 1, eff. 7/1/2016.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 12 - IRAN DIVESTMENT ACT (§§ 12-12-101 — 12-12-113) › Section 12-12-107 - Right to contract with state on case-by-case basis

Notwithstanding §
12-12-106
, a person engaged in investment activities in Iran as described in §
12-12-105
, may contract with the state, on a case-by-case basis, if:
(1)
The investment activities in Iran were made before July 1, 2016, the investment activities in Iran have not been expanded or renewed after July 1, 2016, and the person has adopted, publicized, and is implementing a formal plan to cease the investment activities in Iran and to refrain from engaging in any new investments in Iran; or
(2)
The state agency makes a determination that the commodities or services are necessary to perform its functions and that, absent such an exemption, the state agency would be unable to obtain the commodities or services for which the contract is offered. Such determination shall be entered into the procurement record.
Added by 2016 Tenn. Acts, ch. 817,s 1, eff. 7/1/2016.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 12 - IRAN DIVESTMENT ACT (§§ 12-12-101 — 12-12-113) › Section 12-12-108 - Certification that person or assignee not identified on list - No use of subcontractor identified on list

(a)
A state agency or entity shall require a person that attempts to contract with the state, including a contract renewal or assumption, to certify, at the time the bid is submitted or the contract is entered into, renewed, or assigned, that the person or the assignee is not identified on a list created pursuant to §
12-12-106
. A state agency shall include certification information in the procurement record.
(b)
A person that contracts with the state, including a contract renewal or assumption, shall not utilize, on the contract with the state agency or entity, any subcontractor that is identified on a list created pursuant to §
12-12-106
.
(c)
Upon receiving information that a person who has made the certification required by subsection (a) is in violation thereof, the state agency or entity shall review such information and offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment, which is in violation of this chapter within ninety (90) days after the determination of such violation, then the state agency or entity shall take such action as may be appropriate and provided for by law, rule, or contract, including, but not limited to, imposing sanctions, seeking compliance, recovering damages, or declaring the contractor in default.
Added by 2016 Tenn. Acts, ch. 817,s 1, eff. 7/1/2016.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 12 - IRAN DIVESTMENT ACT (§§ 12-12-101 — 12-12-113) › Section 12-12-109 - Report

The chief procurement officer shall report to the speaker of the senate, the speaker of the house of representatives, and the governor annually by October 1, on the status of the federal Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (Public Law 111-195), the Iran Divestment Act of 2014, and any rules or regulations adopted thereunder.
Added by 2016 Tenn. Acts, ch. 817, s 1, eff. 7/1/2016.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 12 - IRAN DIVESTMENT ACT (§§ 12-12-101 — 12-12-113) › Section 12-12-110 - Ineligibility to contract with political subdivision

A person that is identified on a list created pursuant to §
12-12-106
, as a person engaging in investment activities in Iran as described in §
12-12-105
shall be ineligible to contract with any political subdivision of this state, and any contract entered into with a political subdivision of this state shall be void ab initio.
Added by 2016 Tenn. Acts, ch. 817,s 1, eff. 7/1/2016.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 12 - IRAN DIVESTMENT ACT (§§ 12-12-101 — 12-12-113) › Section 12-12-111 - Statement of noninvestment required for competitive bidding

(a)
On or after July 1, 2016, every bid or proposal made to a political subdivision of the state or any public department, agency, or official thereof where competitive bidding is required by statute, rule, regulation, or local ordinance or resolution, for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed by the bidder and affirmed by such bidder as true under the penalties of perjury: "By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each bidder is not on the list created pursuant to §
12-12-106
."
(b)
Notwithstanding subsection (a), the statement of noninvestment in the energy sector of Iran may be submitted electronically.
(c)
A bid shall not be considered for award nor shall any award be made where the condition set forth in subsection (a) has not been complied with; provided, however, that if in any case the bidder cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefor. A political subdivision may award a bid to a bidder who cannot make the certification pursuant to subsection (a), on a case-by-case basis, if:
(1)
The investment activities in Iran were made before July 1, 2016, the investment activities in Iran have not been expanded or renewed on or after July 1, 2016, and the person has adopted, publicized, and is implementing a formal plan to cease the investment activities in Iran and to refrain from engaging in any new investments in Iran; or
(2)
The political subdivision makes a determination that the goods or services are necessary for the political subdivision to perform its functions and that, absent such an exemption, the political subdivision would be unable to obtain the goods or services for which the contract is offered. Such determination shall be made in writing and shall be a public document.
Added by 2016 Tenn. Acts, ch. 817,s 1, eff. 7/1/2016.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 12 - IRAN DIVESTMENT ACT (§§ 12-12-101 — 12-12-113) › Section 12-12-112 - Chapter inapplicable to investments involving Tennessee consolidated retirement system

This chapter shall not apply to investments made by the state treasurer or board of trustees involving the Tennessee consolidated retirement system.
Added by 2016 Tenn. Acts, ch. 817,s 1, eff. 7/1/2016.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 12 - IRAN DIVESTMENT ACT (§§ 12-12-101 — 12-12-113) › Section 12-12-113 - Applicability of restrictions

The restrictions provided for in this chapter apply only until Congress, by legislation, declares that divestment of the type provided for in this chapter interferes with the conduct of United States foreign policy or revokes its current sanctions against Iran.
Added by 2016 Tenn. Acts, ch. 817,s 1, eff. 7/1/2016.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 2 - INTERSTATE AND FEDERAL AGREEMENTS (§ 13-2-101) › Part 1 - SOUTHERN GROWTH POLICIES AGREEMENT (§ 13-2-101) › Section 13-2-101 - Federal aid for public works - Application by state, county or municipality

The state of Tennessee, any department or division thereof, or any county or incorporated municipality in this state with a population of more than five hundred (500) by the last federal census, is authorized to make application for funds under the provisions of any act of congress heretofore or hereafter enacted making grants, loans or advances to the states, or any department or division thereof, or any county or municipality, for the purpose of aiding in the financing of public works. Municipalities with a population of less than five hundred (500) by the preceding federal census may make application through the appropriate agency of the county in which they are located.
Amended by 2015 Tenn. Acts, ch. 72,s 2, eff. 4/6/2015.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 3 - REGIONAL PLANNING (§§ 13-3-101 — 13-3-603) › Part 1 - REGIONAL PLANNING COMMISSION (§§ 13-3-101 — 13-3-105) › Section 13-3-102 - Municipal commission designated as regional planning commission

In the event that, acting under the power granted to it in parts 1-3 of this chapter, the department of economic and community development creates and establishes any planning region composed of the territory of a single municipality, together with territory adjoining but outside of such municipality, no part of which is outside the municipality's urban growth boundary, or, if no such boundary exists, more than five (5) miles beyond the limits of such municipality, and in the further event that such municipality has a municipal planning commission, then in such event the department, in lieu of creating, designating and appointing a new regional planning commission for such region, may designate the municipal commission as the regional planning commission of such region, and when so designated, the commission, when acting as a regional commission for such region, shall have all the powers and be governed by the provisions set forth in parts 1-3 of this chapter, or in any other statutory provision relating to regional planning commissions; provided, that the department shall not have power of appointment or removal of any member of such municipal planning commission serving regional areas. At least one (1) member of a municipal planning commission composed of five (5) members, and two (2) members of a municipal planning commission composed of more than five (5) members but less than eleven (11) members, who are appointed to the municipal planning commission designated as a regional planning commission, shall reside within the regional area outside of the municipal boundaries served by the regional planning commission; provided, that, if the regional area outside of the municipal boundaries is less than fifty percent (50%) of the entire regional area, then only one (1) member of the municipal planning commission shall be appointed from the regional area outside the municipal boundaries regardless of the number of members on the municipal planning commission, or, in the alternative, the municipal planning commission may be increased in size by the number of members who are appointed from the regional area outside the municipal boundaries. The acceptance of any such designation shall not, however, be obligatory upon but shall be subject to the consent of the designated municipal planning commission. Authority granted under this section to the department shall be exercised with the approval of the local government planning advisory committee.
Acts 1935, ch. 43, § 9; mod. C. Supp. 1950, § 3291.15 (Williams, § 552.15); Acts 1972, ch. 542, § 14; T.C.A. (orig. ed.), § 13-202; Acts 1998, ch. 1101, § 25; 2007, ch. 253, § 1; 2009, ch. 600, § 1.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 3 - REGIONAL PLANNING (§§ 13-3-101 — 13-3-603) › Part 1 - REGIONAL PLANNING COMMISSION (§§ 13-3-101 — 13-3-105) › Section 13-3-104 - Powers and functions of commission

(a)
It is the further duty of a regional planning commission to promote the mutual cooperation of the planning commissions of municipalities within the region, and the coordination of the plans of such municipalities with the plan of the region, and generally to confer with and advise municipal and county mayors and legislative bodies and officials for the purpose of promoting a coordinated and adjusted development of the region. Any such commission may also advise county and municipal legislative bodies with respect to the formulation of public improvement programs and the financing of such programs. It may also cooperate with the planning, legislative or executive authorities of neighboring states, regions, counties or municipalities for the purpose of promoting coordination between the development of the region and adjoining or neighboring territory.
(b)
All municipal, county and other local public officials shall, upon request, furnish to the commission, within a reasonable time, such available information as it may require for its work.
(c)
The commission, its members and employees, in the performance of its functions, may enter upon any land and make examinations and surveys and place and maintain necessary monuments and marks on such land.
(d)
In general, the commission has such powers as may be necessary for it to perform its functions and to promote regional planning.
Acts 1935, ch. 43, § 15; C. Supp. 1950, § 3291.21 (Williams, § 552.21); impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 13-208; Acts 2003, ch. 90, § 2.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 3 - REGIONAL PLANNING (§§ 13-3-101 — 13-3-603) › Part 1 - REGIONAL PLANNING COMMISSION (§§ 13-3-101 — 13-3-105) › Section 13-3-105 - Public works in planning regions - Approval by department of economic and community development

From and after the time of the creation and defining by the department of economic and community development of a planning region, and the appointment by the department of a regional planning commission of such region, thenceforth the department of transportation or any other state department shall not agree to supply or appropriate money for the construction of any road, bridge, or other public structure within the region, nor shall any state department construct or contribute to the construction of any street, road or other public structure within any municipality in the region, nor shall any county lying wholly or partly within the region participate in the expenditure of the funds of any state department or be aided in the construction of any road, bridge, or other public structure within the region, nor shall state liability be incurred incident to the acquisition of rights-of-way or other property for any highway or other public improvement within the region, nor any other state aid be given for any road, bridge, building or other public structure within the region, until and unless such supply, appropriation, construction, contribution, participation, liability or aid has been submitted to the department of economic and community development and until the department has given and reported its judgment, opinion and recommendations thereon to the court, board, official or department having charge of such acquisition, supply, appropriation, contribution, participation, liability, aid, construction, or authorization; provided, that in the event that the department fails to make such report within thirty (30) days from and after the date of the submission to it, this requirement shall be deemed to have been waived; and in passing upon the question of its approval, the department may take into account the quality of the work of the regional planning commission; the object of this requirement being to promote the application of planning methods and principles in the location, character and extent of public works financed with the help of state aid.
Acts 1935, ch. 43, § 16; C. Supp. 1950, § 3291.22 (Williams, § 552.22); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 542, § 15; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 13-209.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 3 - REGIONAL PLANNING (§§ 13-3-101 — 13-3-603) › Part 2 - COMMUNITY PLANNING COMMISSION (§§ 13-3-201 — 13-3-203) › Section 13-3-202 - Powers and duties of community planning commissions

The community planning commissions shall be granted all the powers and duties as are granted regional planning commissions and municipal planning commissions and all the powers and duties as set forth in chapters 4 and 7 of this title.
Acts 1939, ch. 158, § 3; C. Supp. 1950, § 3291.25 (Williams, § 552.24c); T.C.A. (orig. ed.), § 13-211.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 3 - REGIONAL PLANNING (§§ 13-3-101 — 13-3-603) › Part 2 - COMMUNITY PLANNING COMMISSION (§§ 13-3-201 — 13-3-203) › Section 13-3-203 - County legislative body is chief legislative body of community planning commission

For the purpose of enabling any community planning commission to carry out the powers and duties as set forth in chapter 7 of this title, "chief legislative body," as used in §
13-7-201
, is broadened to include the regular legislative body of any county in which any incorporated community lies, and the county legislative body shall serve as the chief legislative body of any community planning commission created under the terms of this part.
Acts 1939, ch. 158, § 4; C. Supp. 1950, § 3291.26 (Williams, § 552.24d); impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 13-212.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 3 - REGIONAL PLANNING (§§ 13-3-101 — 13-3-603) › Part 3 - REGIONAL PLAN (§§ 13-3-301 — 13-3-304) › Section 13-3-301 - Regional plan - Municipality adopting

(a)
It is the function and duty of a regional planning commission to make and adopt a general regional plan for the physical development of the territory of the region. Any such plan shall include the planning of municipal territory to the extent which, in the commissioner's judgment, the same is related to the planning of the region as a whole; provided, that the plan shall not be deemed an official plan or part of the official plan of any municipality having a municipal planning commission unless adopted as such by the municipal planning commission. The board of aldermen or commissioners or other chief legislative body of any municipality may designate the regional planning commission of a region in which such municipality is located as the planning commission of such municipality, and, in the event of such designation, the regional planning commission shall have such powers regarding the planning of the municipality, and the plan of the municipality made and adopted by the regional planning commission shall have the same force and effect as provided by law for municipal planning commissions and municipal plans.
(b)
The regional plan, with the accompanying maps, plats, charts, and descriptive matter, shall show the regional planning commission's recommendations for the development of the territory covered by the plan, and may include, among other things, the general location, character and extent of public ways, ground and other public property; the general location and extent of public utilities and terminals, whether publicly or privately owned, for power, light, heat, sanitation, transportation, communication, water and other purposes; the removal, relocation, extension, widening, narrowing, vacating, abandonment or change of use of existing public ways, grounds, open spaces, buildings, properties, utilities or terminals; the general character, location and extent of community centers, town sites or housing developments; the location and extent of forests, agricultural areas and open development areas for purposes of conservation, food and water supply, sanitary and drainage facilities or the protection of urban development, and the identification of areas where there are inadequate or nonexistent publicly or privately owned and maintained services and facilities when the planning commission has determined the services are necessary in order for development to occur; a land classification and utilization program; and a zoning plan for the regulation of the height, area, bulk, location and uses of buildings, the distribution of population, and the uses of land for trade, industry, habitation, recreation, agriculture, forestry, soil and water conservation and other purposes.
Acts 1935, ch. 43, § 11; C. Supp. 1950, § 3291.17 (Williams, § 552.17); T.C.A. (orig. ed.), § 13-204; Acts 2008, ch. 1150, § 1.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 3 - REGIONAL PLANNING (§§ 13-3-101 — 13-3-603) › Part 3 - REGIONAL PLAN (§§ 13-3-301 — 13-3-304) › Section 13-3-302 - General purpose of plan

The regional plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted, efficient and economic development of the region which will, in accordance with present and future needs and resources, best promote the health, safety, morals, order, convenience, prosperity and welfare of the inhabitants, as well as efficiency and economy in the process of development, including, among other things, such distribution of population and of the uses of the land for urbanization, trade, industry, habitation, recreation, agriculture, forestry and other uses as will tend to create conditions favorable to transportation, health, safety, civic activities and educational and cultural opportunities, reduce the wastes of financial and human resources which result from either excessive congestion or excessive scattering of population, and tend toward an efficient and economic utilization, conservation and production of the supply of food, water, minerals, drainage, sanitary and other facilities and resources, and identify areas where there are inadequate or nonexistent publicly or privately owned and maintained services and facilities when the planning commission has determined that the services are necessary in order for development to occur.
Acts 1935, ch. 43, § 12; C. Supp. 1950, § 3291.18 (Williams, § 552.18); T.C.A. (orig. ed.), § 13-205; Acts 2008, ch. 1150, § 2.