2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 21 - LOCAL GOVERNMENT PUBLIC OBLIGATIONS ACT OF 1986 (§§ 9-21-101 — 9-21-1104) › Part 1 - GENERAL PROVISIONS APPLICABLE TO ALL BONDS AND NOTES ISSUED BY LOCAL GOVERNMENTS (§§ 9-21-101 — 9-21-134) › Section 9-21-130 - Guidelines and rules and regulations relating to contracts and agreements authorized - Compliance with

(a)
The state funding board shall establish guidelines, rules or regulations with respect to the agreements and contracts authorized in §§
9-21-213(d)
,
9-21-302(b)
,
9-21-305(c)
,
9-21-602(c)
,
9-21-907(c)
,
9-21-910(d)
,
9-21-1006(c)
and
9-21-1008(c)
, which may include, but shall not be limited to, the following:
(1)
The conditions under which such agreements or contracts can be entered into;
(2)
The methods by which such contracts are to be solicited and procured;
(3)
The form and content such contracts shall take;
(4)
The aspects of risk exposure associated with such contracts;
(5)
The standards and procedures for counterparty selection, including rating criteria;
(6)
The procurement of credit enhancement, liquidity facilities, or the setting aside of reserves in connection with such contracts or agreements;
(7)
The methods of securing the financial interest in such contracts;
(8)
The methods to be used to reflect such contracts in the local government's financial statements;
(9)
Financial monitoring and periodic assessment of such contracts by the local government;
(10)
The application and source of non-periodic payments; and
(11)
Educational requirements for officials of any local government responsible for approving any such contract or agreement.
(b)
Prior to the adoption by the governing body of the local government of a resolution authorizing such contract or agreement, a request shall be submitted to the comptroller of the treasury or the comptroller's designee for a report finding that such contract or agreement is in compliance with the guidelines, rules or regulations of the state funding board. Within fifteen (15) days of receipt of the request, the comptroller of the treasury or the comptroller's designee shall determine whether the contract or agreement substantially complies with the guidelines, rules or regulations and shall report thereon to the local government. If the report of the comptroller of the treasury or the comptroller's designee finds that the contract or agreement complies with the guidelines, rules or regulations of the state funding board or the comptroller of the treasury shall fail to report within the fifteen-day period, then the local government may take such action with respect to the proposed contract or agreement as it deems advisable in accordance with this section and the guidelines, rules or regulations of the state funding board. If the report of the comptroller of the treasury or the comptroller's designee finds that such contract or agreement is not in compliance with the guidelines, rules or regulations, then the local government is not authorized to enter into such contract or agreement. The guidelines, rules or regulations shall provide for an appeal process to a determination of noncompliance.
Acts 1999, ch. 432, § 2.