reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 54 - TENNESSEE SPORTS HALL OF FAME ACT OF 1994 (§§ 4-3-5401 — 4-3-5407) › Section 4-3-5402 - Part definitions

As used in this part:
(1)
"Board" means the Tennessee hall of fame board created within the department under §
4-3-5404
;
(2)
"Commissioner" means the commissioner of tourist development, or the commissioner's designee;
(3)
"Department" means the department of tourist development; and
(4)
"Hall of fame" means the Tennessee sports hall of fame created under §
4-3-5403
.
Amended by 2020 Tenn. Acts, ch. 699, s 1, eff. 6/15/2020.
Amended by 2019 Tenn. Acts, ch. 88, s 1, eff. 4/4/2019.
Acts 1994, ch. 738, § 3.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 54 - TENNESSEE SPORTS HALL OF FAME ACT OF 1994 (§§ 4-3-5401 — 4-3-5407) › Section 4-3-5403 - Creation and administration - Examination and audit

(a)
There is created a Tennessee sports hall of fame.
(b)
The board shall administer the hall of fame, pursuant to §
4-3-5404
.
(c)
The hall of fame is subject to examination and audit by the comptroller of the treasury in the same manner as prescribed for departments and agencies of the state pursuant to §
8-4-109
.
Amended by 2020 Tenn. Acts, ch. 699, Secs.s2, s3 eff. 6/15/2020.
Amended by 2019 Tenn. Acts, ch. 88, s 1, eff. 4/4/2019.
Amended by 2018 Tenn. Acts, ch. 1056, Secs.s 1, s 2 eff. 5/21/2018.
Amended by 2014 Tenn. Acts, ch. 685, s 1, eff. 4/15/2014.
Acts 1994, ch. 738, § 4; 2001, ch. 142, §§ 1, 2; 2006, ch. 822, §§ 1, 2.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 54 - TENNESSEE SPORTS HALL OF FAME ACT OF 1994 (§§ 4-3-5401 — 4-3-5407) › Section 4-3-5405 - Duties of board - Plan of operation

(a)
The board shall:
(1)
Nominate and induct qualified athletes, athletic teams, sports personalities, and sporting events to the hall of fame in accordance with guidelines prescribed by the board, subject to approval by the commissioner;
(2)
Conduct fundraising to support the hall of fame. Any funds raised by the board must be used to support the hall of fame and held by the department and accounted for separately for such use;
(3)
Offer advice and guidance to the commissioner for purposes of the commissioner's administration of the hall of fame, including, but not limited to:
(A)
Suggesting programs and campaigns that are designated to promote the spirit of sportsmanship and genteel competition both inside and outside the arena of athletic competition; and
(B)
Recommending guidelines and criteria, consistent with the purposes of the hall of fame, for purposes of assisting the commissioner with the administration of a scholarship program under §
4-3-5407
; and
(4)
For good cause shown, review, reconsider, and renominate, in whole or in part, a previous class elected to the hall of fame.
(b)
(1)
At least ninety (90) days prior to the beginning of each state fiscal year, the board shall submit a plan for operation to the commissioner for review and approval. The plan of operation must be in such form as the department requires and must include, but not be limited to, the following:
(A)
A budget for operating and capital expenditure;
(B)
Contracts for services; and
(C)
Policies and procedures adopted by the board to govern the expenditure of funds, including any such policies and procedures required by the department through rules.
(2)
The plan of operation may be amended during the fiscal year with the written approval of the commissioner.
(3)
Within ninety (90) days after the end of its fiscal year, the board shall annually submit to the department and comptroller of the treasury a report setting forth the board's accomplishments.
Amended by 2020 Tenn. Acts, ch. 699, s 8, eff. 6/15/2020.
Amended by 2019 Tenn. Acts, ch. 88, s 1, eff. 4/4/2019.
Acts 1994, ch. 738, § 6.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 54 - TENNESSEE SPORTS HALL OF FAME ACT OF 1994 (§§ 4-3-5401 — 4-3-5407) › Section 4-3-5406 - Purposes of the hall of fame - Commissioner facilitation

(a)
In providing administrative support to the hall of fame, the commissioner shall facilitate the purposes of the hall of fame, which are to:
(1)
Honor, preserve, and perpetuate the names and accomplishments of outstanding athletes, athletic teams, and other sports personalities who are natives of Tennessee;
(2)
Honor persons who have competed on teams for, or worked for, Tennessee institutions of learning;
(3)
Honor persons with outstanding athletic records who reside in this state at the time of their nomination;
(4)
Honor deceased persons with outstanding athletic records who were residents of Tennessee;
(5)
Establish, erect, and maintain a permanent archive for the collection and display of memorabilia related to the lives and careers of individuals, teams, and sports events chosen for induction into the hall of fame; and
(6)
Inform the public about the lives and accomplishments of the inductees and purposes of the hall of fame.
(b)
The commissioner may delegate any duties under subsection (a) to the board as the commissioner deems necessary.
Amended by 2020 Tenn. Acts, ch. 699, s 9, eff. 6/15/2020.
Added by 2019 Tenn. Acts, ch. 88, s 1, eff. 4/4/2019.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 54 - TENNESSEE SPORTS HALL OF FAME ACT OF 1994 (§§ 4-3-5401 — 4-3-5407) › Section 4-3-5407 - Powers of the commissioner

The commissioner may:
(1)
Request from any branch, department, division, board, bureau, commission, or other agency of the state or that receives state funds, such information as will enable the commissioner and board to best serve the hall of fame and perform the duties required by this part;
(2)
Enter into any mutual agreements and contracts for the employment of personnel and operation of the hall of fame, excluding the requirements of §
4-3-1105
. Nothing in this part or any other law, except title 9, chapter 8, shall be construed as a waiver of the state's immunity under the eleventh amendment to the Constitution of the United States or of the state's sovereign immunity for the board, its directors, officers, or employees;
(3)
Administer a scholarship program to award privately funded scholarships to students based on guidelines and criteria recommended by the board, consistent with the purposes of the hall of fame; and
(4)
Promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in chapter 5 of this title, for purposes of carrying out this part.
Amended by 2020 Tenn. Acts, ch. 699, s 10, eff. 6/15/2020.
Added by 2019 Tenn. Acts, ch. 88, s 1, eff. 4/4/2019.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 55 - INFORMATION SYSTEMS COUNCIL (§§ 4-3-5501 — 4-3-5525) › Section 4-3-5502 - Duties and responsibilities

The duties and responsibilities of the information systems council include the following:
(1)
Developing policy guidelines for the overall management of the state's information systems, which shall include, but not be limited to, the following:
(A)
Appropriate hardware and software for the state's data center;
(B)
Appropriate security and disaster recovery policies and procedures for the state's information systems environment;
(C)
The most appropriate and cost effective use of departmental computer systems, which shall, for the purpose of this policy, include the appropriate use and integration of microcomputers and minicomputers into the state's information management system;
(D)
The most appropriate and cost effective telecommunication policies;
(E)
Establishment of guidelines for the acquisition of both hardware and software;
(F)
Making recommendations to the governor and general assembly regarding amendments to the purchasing laws that would be helpful in establishing and operating information systems; and
(G)
Establishment of effective long-range planning for the state's information management system; and
(2)
To periodically review the overall effectiveness and efficiency with which the state's information systems network is managed. Such review shall be conducted where appropriate on a department by department basis and shall be for the purpose of identifying weaknesses in the current system as well as opportunities for improvements in each department's information system. Such reports as may be issued pursuant to this review shall be transmitted to the appropriate agency head, the governor and the speakers of the senate and house of representatives. Such a review shall include, but not be limited to:
(A)
The adequacy of systems development planning and implementation;
(B)
Opportunities for increased efficiency through either a reduction of the long run current operating costs for various programs of state government, or the opportunity to provide increased services through more effective use of management information systems, or both; and
(C)
The most appropriate and cost effective hardware and software.
Acts 1994, ch. 992, § 3.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 55 - INFORMATION SYSTEMS COUNCIL (§§ 4-3-5501 — 4-3-5525) › Section 4-3-5503 - Staffing - Division of strategic technology solutions

(a)
The division of strategic technology solutions in the department of finance and administration shall serve as staff to the information systems council. In addition, the division of strategic technology solutions shall facilitate the use of information systems, provide technical direction and assistance to departments and agencies for all distributive processing and network related systems, and serve as a computer service bureau.
(b)
(1)
In accordance with the Federal Information Security Management Act of 2002 (
44 U.S.C. § 3541
et seq.), and the criminal justice information services (CJIS) security policy, a criminal history background check performed by the Tennessee bureau of investigation and the federal bureau of investigation shall be required for all employees and contractors of the division of strategic technology solutions having elevated and privileged access to criminal justice information systems or to information accessed via criminal justice information systems. The department of human resources shall maintain classifications of employees subject to the criminal history background check. Background checks shall include fingerprint checks against state and federal criminal records maintained by the Tennessee bureau of investigation and the federal bureau of investigation. The department of finance and administration shall establish policies concerning the implementation and use of criminal history background checks conducted pursuant to this section.
(2)
The state shall pay for costs associated with criminal history background checks conducted pursuant to this section.
Amended by 2020 Tenn. Acts, ch. 689, s 2, eff. 6/11/2020.
Amended by 2016 Tenn. Acts, ch. 846, Secs.s 3, s 4 eff. 4/19/2016.
Amended by 2014 Tenn. Acts, ch. 544, s 1, eff. 7/1/2014.
Acts 1994, ch. 992, § 4.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 55 - INFORMATION SYSTEMS COUNCIL (§§ 4-3-5501 — 4-3-5525) › Section 4-3-5504 - Policymaking authority - Legislative intent

(a)
Notwithstanding any other law to the contrary, the information systems council shall, with the assistance and support of the department of general services and the department of finance and administration, be responsible for establishing the policy under which the state procures telecommunications, computer or computer-related equipment or services. The council, in establishing procurement policy, shall also have the ability to authorize research and development, including the procurement of equipment, for the purpose of improving the state's information system. The role of the council, in establishing such policy, shall not include the administrative or day-to-day operations of the procurement process, including, but not limited to, the selection of vendors to provide equipment or services and the resolution of protests. Such procurements shall be administered by either the department of general services or the department of finance and administration, or both, under present or future laws, rules and regulations governing procurements.
(b)
It is the legislative intent that the information systems council, in establishing procurement policy pursuant to this section, select the purchasing method for a procurement that, in the sole discretion of the council, will produce the lowest and best overall costs to the state. In making the determination of which method would produce the lowest and best overall costs, the council shall consider, when appropriate, the costs of the hardware, software development, operations, maintenance, and such other factors as the council determines to be relevant.
Acts 1994, ch. 992, § 5.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 55 - INFORMATION SYSTEMS COUNCIL (§§ 4-3-5501 — 4-3-5525) › Section 4-3-5505 - Disposition of surplus computers

Notwithstanding any other law to the contrary, including title 12, chapter 2, part 4, the council has the authority to dispose of surplus state computers and any components thereof, at no cost, to governmental entities and not-for-profit corporations whose chartered activities are related to education.
Acts 1994, ch. 992, § 6.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 55 - INFORMATION SYSTEMS COUNCIL (§§ 4-3-5501 — 4-3-5525) › Section 4-3-5506 - Leasing of state communications services

(a)
The information systems council has the authority to establish a program to lease state communications services to public and private agencies, as set forth in policies and procedures prepared by the commissioner of finance and administration and approved by the comptroller of the treasury. The council will establish fees consistent for all users of the network based on a cost recovery method approved by the commissioner of finance and administration.
(b)
Disputes about fees established under subsection (a) shall be resolved by the procurement commission.
Acts 1997, ch. 260, § 3; 2011, ch. 295, § 19.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 55 - INFORMATION SYSTEMS COUNCIL (§§ 4-3-5501 — 4-3-5525) › Section 4-3-5507 - Licensure or sale of state information systems

The information systems council has the authority to approve license or sale of the state's information systems' interest or copyright to a vendor under policies and procedures prepared by the commissioner of finance and administration and approved by the comptroller of the treasury. However, any license or sale of the general assembly's information systems' interest or copyright shall be subject to the approval of the speakers of the senate and the house of representatives.
Acts 1997, ch. 260, § 4.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 55 - INFORMATION SYSTEMS COUNCIL (§§ 4-3-5501 — 4-3-5525) › Section 4-3-5508 - Information systems council creation and functions

The information systems council shall perform the functions for which it is responsible under §§
47-10-117
- 47-10-120 of the Uniform Electronic Transactions Act.
Acts 2001, ch. 72, § 24.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 55 - INFORMATION SYSTEMS COUNCIL (§§ 4-3-5501 — 4-3-5525) › Section 4-3-5509 - Conduct of meetings with subject matter open to the public and confidential

(a)
If the council holds a meeting covered by the open meeting provisions of title 8, chapter 44, at which subject matter will be discussed that is not confidential and subject matter will be discussed that is confidential pursuant to §
10-7-504(i)
, the notice of such meeting required pursuant to §
8-44-103
shall specify that part of the meeting will be a public meeting open to the public and part of the meeting will not be open to the public because of discussion of confidential subject matter.
(b)
A meeting at which both subject matter open to the public and confidential subject matter will be discussed shall be conducted as follows:
(1)
All business relating to subject matter that is public in nature shall be conducted first; and
(2)
At the conclusion of the meeting relating to subject matter that is public in nature, the chair shall announce that the public portion of the meeting is adjourned and that the remainder of the meeting will concern matters that are confidential pursuant to §
10-7-504(i)
. When everyone at the meeting who is not authorized to attend the confidential portion of the meeting has departed, the confidential portion of the meeting shall commence.
(c)
Nothing in this section shall be construed as prohibiting the council from acting upon public matters and confidential matters at separate meetings if the council so desires.
Acts 2005, ch. 247, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 55 - INFORMATION SYSTEMS COUNCIL (§§ 4-3-5501 — 4-3-5525) › Section 4-3-5525 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Local government" means any county, municipality, city or other political subdivision of this state, including any school districts or school systems created thereby;
(2)
"Private agency" means an accredited nonpublic school or a nonprofit institution of higher education eligible for tuition grants;
(3)
"Public agency" means a state agency, local government, an institution under the control of the University of Tennessee or the Tennessee board of regents, the judicial department, the legislative department, a special school district or any other local public school system or school district created or authorized by the general assembly, a public library operated by any unit or agency of local or state government, a museum owned or operated by the state or any political subdivision of the state, or an agency or instrumentality of the federal government; and
(4)
"State communications" refers to the transmission of voice, data, video, the written word or other visual signals by electronic means but does not include broadcast radio and television facilities.
Acts 1997, ch. 260, § 2.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 4 - ADMINISTRATION OF STATE DEPARTMENTS (§§ 4-4-101 — 4-4-125) › Section 4-4-101 - Reorganization of divisions

(a)
The commissioner of each department under chapter 3 of this title, with the approval of the governor, has the authority to consolidate any two (2) or more offices within the commissioner's department, or reduce the number of divisions, or create new divisions therein.
(b)
Notwithstanding subsection (a), no state department or agency in the executive branch of state government shall make organizational changes within such department or agency without the prior approval of the commissioner of finance and administration. If such organizational changes require a transfer of funds between organizational accounts and are contrary to the manner in which appropriations have been made in the appropriations act, then such transfer of funds is subject to approval by the commissioner of finance and administration and by a majority of a committee comprised of the speaker of the senate, the speaker of the house of representatives, and the comptroller of the treasury; provided, however, that if the transfer of funds is merely a change in the organizational account to which the appropriation is allocated and does not constitute a change in the purpose of the appropriation, then the approval of the committee shall not be required; provided further, however, that the approval of the commissioner of finance and administration shall be required.
Amended by 2013 Tenn. Acts, ch. 454, s 32, eff. 5/16/2013.
Acts 1937, ch. 33, § 76; C. Supp. 1950, § 255.88 (Williams, §255.81); T.C.A. (orig. ed.), § 4-401.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 4 - ADMINISTRATION OF STATE DEPARTMENTS (§§ 4-4-101 — 4-4-125) › Section 4-4-102 - Transfer of functions between departments

(a)
The governor has the authority to transfer any functions between the departments created and established by chapter 3 of this title, except to or from the department of audit, in the interest of a more economical and efficient state service.
(b)
The governor shall make each such transfer by an executive order, a copy of which shall be filed with the secretary of state.
Acts 1937, ch. 33, § 77; C. Supp. 1950, § 255.89 (Williams, §255.82); T.C.A. (orig. ed.), § 4-402.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 4 - ADMINISTRATION OF STATE DEPARTMENTS (§§ 4-4-101 — 4-4-125) › Section 4-4-103 - Department regulations

The commissioner of each department is empowered to prescribe regulations, not inconsistent with the law, for the government of the commissioner's department, the conduct of its employees, the distribution and performance of its business, and the custody, use and preservation of the records, papers, books, documents and property pertaining thereto.
Acts 1937, ch. 33, § 10; 1939, ch. 11, § 6; C. Supp. 1950, §255.10; T.C.A. (orig. ed.), § 4-403.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 4 - ADMINISTRATION OF STATE DEPARTMENTS (§§ 4-4-101 — 4-4-125) › Section 4-4-104 - Department offices

(a)
Each department shall maintain a central office at the capitol, which shall be the official residence of each commissioner, or head of department.
(b)
The commissioner of each department may, in the commissioner's discretion and with the approval of the governor, establish and maintain at places other than the seat of government, branch offices for any one (1) or more functions of the commissioner's department.
Acts 1937, ch. 33, § 11; C. Supp. 1950, § 255.11; T.C.A. (orig. ed.), § 4-404.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 4 - ADMINISTRATION OF STATE DEPARTMENTS (§§ 4-4-101 — 4-4-125) › Section 4-4-106 - Appointment of personnel

Except as may be provided in this chapter, such officers, assistants and employees as may be necessary to carry on the work of each department of the state government shall be appointed by the commissioner or administrative head of such department from the list of eligibles furnished by the department of human resources, and subject to such minimum qualifications as to efficiency, as may be established by executive order of the governor, or by law.
Acts 1937, ch. 33, § 6; 1939, ch. 11, § 3; C. Supp. 1950, §255.6; T.C.A. (orig. ed.), §4-406; Acts 2007 , ch. 60, § 3.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 4 - ADMINISTRATION OF STATE DEPARTMENTS (§§ 4-4-101 — 4-4-125) › Section 4-4-107 - Compensation of personnel - Discharge

The governor may strike from the state payroll any state employee appointed by the governor or the governor's appointee, and may fix, increase or decrease the salary of such employee. The salaries of the commissioners and other officers as set out in §
8-23-101
shall be fixed as therein provided. In no case, however, shall any compensation for personal services be fixed in excess of the amount of money appropriated by the general assembly for personal services in any department or agency of the state government.
Acts 1937, ch. 33, § 7; 1939, ch. 11, § 4; C. Supp. 1950, §255.7; T.C.A. (orig. ed.), § 4-407.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 4 - ADMINISTRATION OF STATE DEPARTMENTS (§§ 4-4-101 — 4-4-125) › Section 4-4-108 - Blanket surety bond

(a)
A blanket surety bond shall be obtained covering all officers and employees of every department, agency, office, commission, institution, institution of higher education, and instrumentality of the executive, legislative and judicial branches of state government, except senators and representatives of the general assembly, delegates to a constitutional convention, judges of the supreme court, court of appeals, and court of criminal appeals, judges, clerks, officers and employees of the chancery, circuit, and criminal courts, and other courts of record other than the supreme court, court of appeals and court of criminal appeals, officers and employees of counties and municipalities, constables, notaries public, notaries at large, and any special deputy appointed by a sheriff pursuant to §
8-8-303
.
(b)
The bond shall be executed by a surety company authorized to do business in this state and made payable to the state.
(c)
The bond may be written separately, or as a rider to, or as an extension of, coverage under a policy of insurance providing coverage to the state for other purposes.
(d)
(1)
The bond may provide separate or additional penalty amounts or conditions for an individual officer or employee or class of officers or employees when the interest of the state demands it.
(2)
The penalty amount or amounts for clerks, officers and employees of the supreme court, court of appeals, and court of criminal appeals shall be determined by the procurement commission after consulting with the judges of the supreme court or their designated representatives.
(3)
The penalty amount or amounts for the comptroller of the treasury, secretary of state and state treasurer, and their officers and employees, and the officers and employees of the general assembly shall be determined by the procurement commission after consulting with the speakers of the senate and the house of representatives or their designated representatives.
(4)
The penalty amount or amounts for all other officers and employees shall be determined by the procurement commission.
(e)
Any deductible amount or amounts shall be determined by the procurement commission and shall be commercially reasonable.
(f)
The form and conditions of the bond shall be determined pursuant to §§
8-19-101
and
8-19-111
.
(g)
It is the intent of the general assembly that the blanket surety bond required by subsection (a) shall be the only surety bond required for the officers and employees described in subsection (a).
Acts 1937, ch. 33, § 8; 1949, ch. 145, § 1; C. Supp. 1950, §255.8; Acts 1970, ch. 601, §§ 1, 7; T.C.A. (orig. ed.), §4-408; Acts 1980, ch. 887, §1; 2011 , ch. 295, § 19.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 4 - ADMINISTRATION OF STATE DEPARTMENTS (§§ 4-4-101 — 4-4-125) › Section 4-4-109 - Services performed by one department for another

Whenever, in the carrying on of the work of any department, the services of any expert, or the use of any special apparatus shall be desired, or any work needs to be done for which the department is not equipped, the commissioner thereof may request the assistance of any other department that may have the needed experts or apparatus. It is lawful for the department so called upon to cooperate in meeting the need so far as it can be done without detriment to the work of that department, and the actual costs, as determined by the commissioner of finance and administration, shall be the proper charge, unless otherwise approved by the commissioner of finance and administration, and filed with the comptroller of the treasury.
Acts 1919, ch. 167, § 1; Shan. Supp., § 325a114; Code 1932, §340; Acts 1975, ch. 136, § 1; T.C.A. (orig. ed.), § 4-409.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 4 - ADMINISTRATION OF STATE DEPARTMENTS (§§ 4-4-101 — 4-4-125) › Section 4-4-110 - Interdepartmental payments by agreement

When costs provided in §
4-4-109
have been incurred between departments, the commissioners thereof shall, from time to time, certify to the commissioner of finance and administration the sums due from the one to the other on account of such work, and the commissioner of finance and administration shall thereupon cause to be paid such sums to the creditor department. The payment may be made by check, as other state bills are paid, or by a system of debits and credits, as the commissioner of finance and administration may determine. All sums so received by, or credited to, any department shall be added to the current appropriation made for the support of that department, to the end that its appropriation may not be depleted by reason of the work done for another department.
Acts 1919, ch. 167, § 1; Shan. Supp., § 325a115; Code 1932, § 341; impl. am. Acts 1937, ch. 33, § 24; C. Supp. 1950, § 341; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; Acts 1975, ch. 136, § 2; T.C.A. (orig. ed.), § 4-410.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 4 - ADMINISTRATION OF STATE DEPARTMENTS (§§ 4-4-101 — 4-4-125) › Section 4-4-111 - Interdepartmental payments - Approval

(a)
When a department of state government or division of any department of state government renders services that are directly or indirectly incident to the duties of another department, then the department rendering such service may be reimbursed for the service by the other department out of the funds credited to the latter department, but such reimbursement shall only be made upon the approval of the commissioner of finance and administration.
(b)
Such reimbursement shall be made either by actual payment or by the proper bookkeeping entry in the department of finance and administration prior to the end of the fiscal year in which such services were rendered.
Acts 1939, ch. 100, §§ 1, 2; C. Supp. 1950, § 255.92 (Williams, § 255.86); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; Acts 1975, ch. 136, § 3; T.C.A. (orig. ed.), § 4-411.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 4 - ADMINISTRATION OF STATE DEPARTMENTS (§§ 4-4-101 — 4-4-125) › Section 4-4-112 - Cooperation between departments

(a)
(1)
Two (2) or more departments shall unite in cooperative work in lines germane to the duties of those departments, and the commissioners thereof shall agree on the distribution of the expense to be incurred.
(2)
The agreement shall include the payment or transfer from one department to another of a lump sum, and the payment by the department receiving the same, of all expenses incurred in such cooperative work.
(b)
The commissioner of finance and administration shall, upon due notification of the agreement, make the necessary payments, or credits and debits, from sums not otherwise under requisition by the cooperating departments.
Acts 1919, ch. 167, § 3; Shan. Supp., § 325a116; Code 1932, § 342; impl. am. Acts 1937, ch. 33, § 24; C. Supp. 1950, § 342; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; Acts 1975, ch. 136, § 4; T.C.A. (orig. ed.), § 4-412.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 4 - ADMINISTRATION OF STATE DEPARTMENTS (§§ 4-4-101 — 4-4-125) › Section 4-4-113 - Federal funds - Acceptance and use - Notification

(a)
Any department of state government may accept and use federal financial assistance from any agency or instrumentality of the federal government for purposes of carrying on programs in which such department may be authorized to engage; provided, that such acceptance shall be with the express approval of the governor; and such department, acting through its commissioner, is authorized to enter into any and all requisite agreements with such federal agency or instrumentality for the purpose of acceptance and use of such financial assistance; provided, further, that no agreement or contract shall be made by such department involving the expenditure of funds beyond those available to such department by appropriation, gift, or otherwise.
(b)
Any department of state government receiving federal financial assistance shall notify the comptroller of the treasury and the commissioner of finance and administration within five (5) business days from the date of receipt by the department's commissioner or chief financial officer, or equivalent, of official notice in any form or type from the federal awarding agency, or designated cognizant agency, notifying the department of a determination of noncompliance with, or any deficiencies related to compliance with, federal statutes, regulations, or the terms and conditions of a federal award that could result in the following:
(1)
Repayment of federal financial assistance;
(2)
Reduction in future federal financial assistance by administrative offset against other requests for reimbursements or subsequent awards;
(3)
Withholding of advance payments otherwise due to the department;
(4)
Temporary withholding of federal financial assistance pending corrective action by the department;
(5)
Whole or partial suspension or termination of the federal award; or
(6)
Federal awarding agency taking any other remedies legally available to it, including not seeking recovery of a disallowance or improper payment.
(c)
All official notices resulting in items described in subdivisions (b)(1)-(6) received by staff of any department of state government pursuant to subsection (b) shall be transmitted to the department's commissioner or chief financial officer, or equivalent, within five (5) business days of receipt.
Amended by 2017 Tenn. Acts, ch. 79, s 1, eff. 3/31/2017.
Acts 1945, ch. 120, § 1; C. Supp. 1950, § 423.3 (Williams, §423.28); T.C.A. (orig. ed.), § 4-413.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 4 - ADMINISTRATION OF STATE DEPARTMENTS (§§ 4-4-101 — 4-4-125) › Section 4-4-114 - Reports

(a)
(1)
The head of each administrative department, established by chapter 3 of this title, and the state treasurer, the secretary of state and the adjutant general, unless otherwise provided in this title, shall annually, on or before October 1, report in writing to the governor concerning the functions, management and financial transactions of such person's department or agency for the preceding fiscal year.
(2)
Such reports, or parts thereof, or summaries and digests thereof, shall be published under the supervision of the tourism division, department of tourist development, upon the direction of the governor.
(b)
(1)
The commissioner of finance and administration shall promulgate rules and regulations governing the size, format, contents and publishing of all reports of all executive departments and agencies of the state required to make semiannual or annual reports.
(2)
The rules and regulations shall include a provision stipulating that there shall be no automatic distribution of reports or publications, except the distribution provided for by title 12, chapter 6, or otherwise by law or resolution enacted after May 25, 1984.
(c)
All executive departments and agencies of the state required to make semiannual or annual reports shall make such reports in conformity with the rules and regulations promulgated for such reports by the commissioner of finance and administration.
Acts 1937, ch. 33, § 9; 1939, ch. 11, § 5; 1941, ch. 10, § 1; 1943, ch. 8, § 1; C. Supp. 1950, § 255.9; impl. am. Acts 1959, ch. 9, § 11; Acts 1965, ch. 308, § 1; 1971, ch. 66, §§1, 2; impl. am. Acts 1972, ch. 852, § 14; impl. am. Acts 1976, ch. 468, § 2; T.C.A. (orig. ed.), § 4-414; Acts 1984, ch. 798, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 4 - ADMINISTRATION OF STATE DEPARTMENTS (§§ 4-4-101 — 4-4-125) › Section 4-4-115 - Substitute for disabled department head

(a)
In the event of the absence, illness or disability of any commissioner or the head of any department, division or agency of the executive department of state government, the governor is authorized and empowered to designate and appoint a qualified person to act in such capacity.
(b)
The person so designated shall have all the powers, duties and responsibility provided for such office under the statutes of this state during the time such person is so serving.
(c)
This section shall apply to the secretary of state, the comptroller of the treasury and the state treasurer, except as provided for in §§
8-3-105
,
8-4-302
and
8-5-202
.
Acts 1961, ch. 115, § 1; modified; T.C.A., § 4-415.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 4 - ADMINISTRATION OF STATE DEPARTMENTS (§§ 4-4-101 — 4-4-125) › Section 4-4-116 - Federal aid - Federal grant programs

(a)
The governor, acting on behalf of the state, is hereby authorized and empowered to accept from the federal government through any of its departments, bureaus, agencies or other instrumentalities, federal aid made available to this state, whether by grant or loan through any executive order of the president or any act of congress heretofore or hereafter enacted; provided, that any such aid accepted in the form of a loan is subject to the approval of the funding board.
(b)
(1)
For the purpose of establishing and administering federal grant programs by this state, the governor or the governor's designee is authorized to cooperate with or enter into agreement with, or both, any official of another state.
(2)
The governor or the governor's designee is authorized to enter into contracts, in accordance with all applicable laws, rules and regulations, and procedures regarding such contracts, and perform all things necessary in the governor's discretion to secure to this state and citizens of this state the benefits of federal grant programs.
Acts 1959, ch. 9, § 9; 1965, ch. 167, § 1; T.C.A., § 4-416; Acts 1988, ch. 524, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 4 - ADMINISTRATION OF STATE DEPARTMENTS (§§ 4-4-101 — 4-4-125) › Section 4-4-117 - Federal - state programs - Transfer of functions between departments

(a)
Notwithstanding the rights, powers and duties that have heretofore been vested in or exercised by any officer, board, commission, department, or other agency of state government to the contrary, the governor has the authority and is hereby empowered to transfer any functions exercised with respect to any joint federal-state programs between the departments, agencies, commissions or boards, whenever such transfers will facilitate the operation of governmental programs or where such transfers are desirable to meet the changes in federal statutes.
(b)
The governor has the authority and is hereby authorized to assign or reassign responsibility for any joint federal-state programs hereafter established to any state department, agency, commission or board created under the statutes of the state not inconsistent with the executive order or congressional enactment for the administration of such programs.
Acts 1961, ch. 241, § 2; T.C.A., § 4-417.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 4 - ADMINISTRATION OF STATE DEPARTMENTS (§§ 4-4-101 — 4-4-125) › Section 4-4-118 - Readers for blind employees

(a)
The commissioner of each department of the executive branch of state government is authorized, in the commissioner's discretion, to employ a reading assistant or assistants for any blind employee in the commissioner's department, to serve without compensation from such department.
(b)
Each such reading assistant may be paid for services as reading assistant by and from such blind employee or any nonprofit organization.
(c)
"Blind employee" as used in this section means an employee of the state who establishes to the satisfaction of the commissioner of the department where such employee works, that such employee has an impairment of sight, either permanent or temporary, that is so severe or disabling that the employment of a reading assistant or assistants for such employee is necessary or desirable to enable such employee properly to perform such employee's work.
(d)
This section shall not be held or considered to prevent or limit in any way the assignment to a blind employee by a department of clerical or secretarial assistance at the expense of such department, if such assistance is normally provided or authorized.
Acts 1963, ch. 142, § 1; T.C.A., § 4-418.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 4 - ADMINISTRATION OF STATE DEPARTMENTS (§§ 4-4-101 — 4-4-125) › Section 4-4-119 - Reserved

Repealed by 2013 Tenn. Acts, ch. 243, s 2, eff. 4/19/2013.
Acts 1975, ch. 135, § 1; T.C.A., § 4-419.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 4 - ADMINISTRATION OF STATE DEPARTMENTS (§§ 4-4-101 — 4-4-125) › Section 4-4-120 - Uncollectable accounts receivable - Writing-off

(a)
(1)
The commissioner of finance and administration and the comptroller of the treasury shall establish procedures for the writing-off of uncollectable accounts receivable by all state agencies, departments and institutions that charge the public, create a debt to the state, and maintain accounts receivable.
(2)
No state agency, department or institution described in this section shall write off uncollectable accounts receivable except by the procedure to be established as provided in this section.
(b)
Every rule or regulation, or change thereto, promulgated under the authority of this section shall:
(1)
Be filed with the secretary of state;
(2)
Bear the name of the person or persons proposing such rule or regulation; and
(3)
Have attached thereto a copy of the roll call vote on adoption by "aye" or "no" of each person voting.
Acts 1977, ch. 93, §§ 1, 2; T.C.A., § 4-420.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 4 - ADMINISTRATION OF STATE DEPARTMENTS (§§ 4-4-101 — 4-4-125) › Section 4-4-121 - Smoking policies

(a)
Smoking shall be prohibited in all buildings that are owned or operated by the state, except for those sleeping rooms in state park inns, cabins that are designated as smoking rooms or cabins, and as provided by §
49-7-135
. It is the intent of the general assembly that all buildings that are owned or operated by the state, other than sleeping rooms in state park inns, cabins designated for smoking, and as provided by §
49-7-135
, shall be completely smoke-free.
(b)
Smoking shall be prohibited in all motor vehicles that are owned, leased, or operated by the state. It is the intent of the general assembly that all motor vehicles that are owned, leased, or operated by the state shall be completely smoke-free.
Amended by 2017 Tenn. Acts, ch. 161, s 1, eff. 4/24/2017.
Acts 1990, ch. 700, § 1; 2005, ch. 329, § 2; 2006, ch. 876, §1; 2007 , ch. 463, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 4 - ADMINISTRATION OF STATE DEPARTMENTS (§§ 4-4-101 — 4-4-125) › Section 4-4-122 - Employees who are victims of criminal offenses - Restraints on exercise of rights prohibited - Grievance procedure

(a)
No branch, department, agency or other subdivision of state government shall terminate, dismiss, demote or take any other disciplinary action against an employee of such entity who is the victim of a criminal offense solely because such employee takes any lawful action to cause or assist in causing the arrest, prosecution and conviction of the perpetrator of such offense.
(b)
No branch, department, agency or other subdivision of state government shall by rule, regulation or policy prohibit an employee thereof who is the victim of a criminal offense from taking any lawful action to cause or assist in causing the arrest, prosecution and conviction of the perpetrator of such offense.
(c)
Any state employee adversely affected by a violation of this section shall be entitled to file a grievance in accordance with the grievance procedure set out in §
8-30-318
. The procedure and remedies set out in §
8-30-318
shall govern violations of this section.
Acts 1991, ch. 239, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 4 - ADMINISTRATION OF STATE DEPARTMENTS (§§ 4-4-101 — 4-4-125) › Section 4-4-123 - Title IX implementation plan

(a)
Each entity of state government that is subject to the requirements of Title IX of the Education Amendments Act of 1972 (
20 U.S.C. § 1681
et seq.), and regulations promulgated pursuant to Title IX, shall develop a Title IX implementation plan with participation by protected beneficiaries as may be required by such law or regulations. To the extent applicable, such plan shall include Title IX implementation plans of any subrecipients of federal funds through the state entity. Each such entity of state government shall submit annual Title IX compliance reports and implementation plan updates to the department of audit by October 1, 2008, and each October 1 thereafter. The reporting period shall cover the most recent full fiscal year. At least once each year, the department of audit shall publish a cumulative report of its findings and recommendations concerning compliance with the requirements of this section. The cumulative annual report shall be distributed to the governor, to each member of the general assembly, and to each library designated as a depository of state reports and documents.
(b)
It is the legislative intent that any increased costs incurred by state entities as a result of this section shall, to the extent legally available, be paid from federal funds available therefor.
Acts 1998, ch. 758, §§1, 2; 2008 , ch. 629, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 1 - GENERAL PROVISIONS (§§ 4-5-101 — 4-5-108) › Section 4-5-101 - Short title

This chapter may be cited as the "Uniform Administrative Procedures Act."
Acts 1974, ch. 725, § 1; T.C.A., § 4-507.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 5 - UNIFORM ADMINISTRATIVE PROCEDURES ACT (§§ 4-5-101 — 4-5-502) › Part 1 - GENERAL PROVISIONS (§§ 4-5-101 — 4-5-108) › Section 4-5-103 - Construction of chapter

(a)
(1)
This chapter shall not be construed as in derogation of the common law, but as remedial legislation designed to clarify and bring uniformity to the procedure of state administrative agencies and judicial review of their determination and shall be applied accordingly.
(2)
Administrative agencies shall have no inherent or common law powers, and shall only exercise the powers conferred on them by statute or by the federal or state constitutions.
(b)
This chapter does not repeal §
65-2-110
, and where there is a conflict between this chapter and that section, that section shall control. In any other case of conflict between this chapter and any statute, whether general or specific, this chapter shall control; however, compliance with the procedures prescribed by this chapter does not obviate the necessity of complying with procedures prescribed by other provisions of this code.
(c)
Nothing in this chapter shall be held to modify or repeal the statutes with respect to payment of taxes under protest and suits for the recovery thereof.
Amended by 2016 Tenn. Acts, ch. 859,s 1, eff. 7/1/2016.
Acts 1974, ch. 725, § 19; 1975, ch. 370, § 15; 1978, ch. 938, §§ 14, 15; T.C.A., §§ 4-525, 4-5-119; Acts 1982, ch. 874, §§ 2, 25, 26.