reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 11 - ENHANCEMENT PROGRAM FOR DEBT FINANCING OF CAPITAL PROJECTS (§§ 4-31-1101 — 4-31-1103) › Section 4-31-1101 - Part definitions - Eligibility - Purposes - Application and review procedure

(a)
For the purposes of this part, the following definitions shall apply:
(1)
"Authority", "construction", and "education project" as defined in §
4-31-1003
;
(2)
"Available local capital outlay funds" means, with respect to any LGU or LEA, the state share of the capital outlay portion of the nonclassroom component of the BEP funding as set forth in the formula model established or revised by the state board of education, or any replacement funding, approved by the general assembly from time to time, that the LGU or LEA is entitled to receive;
(3)
[Deleted by 2022 amendment.]
(4)
"Education debt" means debt issued, together with any debt issued to renew or refund the debt, by any LGU to finance the construction of education projects subject to an agreement entered into pursuant to this part;
(5)
"Enhancement program" means the program established pursuant to this part;
(6)
"Local education agency" or "LEA" has the same meaning as defined in §
49-3-104
;
(7)
"Local government unit" (LGU), as defined in §
4-31-102
; and
(8)
"Tennessee investment in student achievement formula" or "TISA" has the same meaning as defined in §
49-3-104
.
(b)
Only LGUs funding the local share of the TISA for an LEA shall be eligible to participate in the program under this part.
(c)
The authority, in conjunction with the department of education, is empowered and is authorized to develop an enhancement program under which legally available state funds and available local capital outlay funds assigned or pledged by the LGU or LEA may be applied to one (1) or more of the following purposes for education debt issued by LGUs:
(1)
To pay the debt service on or to provide for the payment of debt service on such debt; or
(2)
To provide reserves for such debt.
(d)
The department of education, in conjunction with the authority, shall develop an application and review procedure for requests under this enhancement program. The department of education shall review each proposed education project and shall make recommendations to the authority as to the applications. The department shall monitor education projects during the term of the agreements required by §
4-31-1102
.
Amended by 2022 Tenn. Acts, ch. 966, s 85, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 966, s 84, eff. 7/1/2023.
Acts 2005, ch. 211, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 11 - ENHANCEMENT PROGRAM FOR DEBT FINANCING OF CAPITAL PROJECTS (§§ 4-31-1101 — 4-31-1103) › Section 4-31-1102 - Program provisions

Any program established by the authority pursuant to this part may include such provisions as may be agreed upon by the parties and shall additionally include, among other things, in substance, the following:
(1)
The structural requirements of the education debt issued by the LGU, including payment dates, maturity schedule, interest rates, and paying agent;
(2)
The coverage requirement for the available local capital outlay funds, provided that the maximum annual debt service on the education debt can be no greater than the available local capital outlay funds in the prior fiscal year divided by 1.25;
(3)
A description and estimated costs of the education project; and
(4)
An agreement by the LGU and the LEA to:
(A)
Proceed expeditiously with, and use its best efforts to complete, the education project;
(B)
Commence operation of the education project as soon as possible after completion, and not to use the education project for any purpose not approved pursuant to this part, and not to discontinue operations or dispose of the education project without the prior approval of the authority and the department of education;
(C)
Operate and maintain the project in accordance with applicable provisions of this part and rules and regulations of the department of education;
(D)
Assign or pledge available local capital outlay funds; and
(E)
Cause to be made an annual audit of the financial records of the LEA each fiscal year in accordance with generally accepted government auditing standards, and to furnish a copy of each such audit to the comptroller of the treasury.
Acts 2005, ch. 211, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 11 - ENHANCEMENT PROGRAM FOR DEBT FINANCING OF CAPITAL PROJECTS (§§ 4-31-1101 — 4-31-1103) › Section 4-31-1103 - Assignment or pledge of local capital outlay funds as security - Procedures

(a)
Each LGU issuing education debt, as well as any LEA for which education debt is issued, are authorized to assign or pledge for the further security of the education debt the available local capital outlay funds, whether such debt is issued pursuant to title 9, chapter 21, or title 49, chapter 3, and to assign or pledge to the authority all right and interest in such funds to be used by the authority as permitted under this part.
(b)
Upon the approval of an application, the authority shall notify the commissioner of finance and administration, indicating the identity of the participating LGU and LEA and the terms of the assignment or pledge. The authority shall submit a certified copy of the debt service schedule for the education debt to the commissioner of finance and administration. The commissioner of finance and administration shall be entitled to rely on such schedule or other submitted documentation, without any further review or investigation. Notwithstanding §
49-3-101(b)
, the commissioner shall withhold and pay such sum from the available local capital outlay funds to the authority pursuant to any assignment or pledge.
(c)
Any earnings on such funds after receipt by the authority and prior to payment on the education debt shall accrue to the benefit of the authority.
(d)
The lien of any assignment or pledge pursuant to this part shall be valid and binding as of the time it is made, and as against all parties having claims of any kind in tort, contract, or otherwise against the LGU, the LEA, or the authority, regardless of whether such parties have notice of those claims. Recording of the resolution or any other instrument by which the assignment or pledge is created is not required. This part and the agreement required by §
4-31-1102
shall in all respects govern the creation, perfection, priority and enforcement of such assignment or pledge, and title 47, chapter 9 shall not govern such matters.
Amended by 2022 Tenn. Acts, ch. 966, s 86, eff. 7/1/2023.
Acts 2005, ch. 211, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 12 - TENNESSEE TRANSPORTATION STATE INFRASTRUCTURE FUND ACT (§§ 4-31-1201 — 4-31-1209) › Section 4-31-1201 - Short title

This part shall be known and may be cited as the "Tennessee Transportation State Infrastructure Fund Act."
Acts 2009, ch. 525, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 12 - TENNESSEE TRANSPORTATION STATE INFRASTRUCTURE FUND ACT (§§ 4-31-1201 — 4-31-1209) › Section 4-31-1203 - Establishment - Accounts - Investment of funds - Interest and earnings

(a)
The department of finance and administration shall establish the Tennessee transportation state infrastructure fund, in the state treasury, under the control of the authority.
(b)
For necessary and convenient administration of the fund, the authority shall establish accounts and subaccounts as necessary to meet any applicable federal law requirements or as necessary or desirable in order to implement this part.
(c)
All federal funds shall be invested as required by applicable federal law, and all other funds shall be invested pursuant to state law.
(d)
All interest and earnings of the fund shall remain a part of the fund.
(e)
No part of the fund shall revert to the general fund on any June 30, but shall remain a part of the fund available for expenditure in accordance with this part.
Acts 2009, ch. 525, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 12 - TENNESSEE TRANSPORTATION STATE INFRASTRUCTURE FUND ACT (§§ 4-31-1201 — 4-31-1209) › Section 4-31-1204 - Transfer of funds from existing fund - Capitalization of fund - Soliciting funds - Prohibition against commingling funds - Entering cooperative agreements

(a)
The state treasurer shall transfer the balance from the existing fund for the Tennessee state infrastructure bank, administered by the department of transportation, on July 1, 2009, to the fund established in §
4-31-1203
.
(b)
The following sources may be used to capitalize the fund and for the authority to carry out its purposes:
(1)
Appropriations by the general assembly;
(2)
Federal funds apportioned and available to the state, as approved by the department of transportation;
(3)
Contributions, donations, grants and deposits from the federal government, government units, private entities and any other source as may become available to the fund; and
(4)
All payments of principal and interest on loans or pursuant to the financing agreements.
(c)
In addition to the powers specified in part 1 of this chapter, the authority may request and receive funds from federal, state or other government sources or from private entities. The authority may request the department of transportation, or other state agencies or officials, as appropriate, to act on its behalf or to assist in making application for such funds. All funds received from government or private sources shall be deposited in the fund to be used in accordance with this part.
(d)
The authority shall comply with all applicable federal laws and regulations prohibiting the commingling of certain federal funds deposited in the fund.
(e)
The authority may enter into cooperative agreements with agencies of the federal government or other state agencies as necessary or desirable to implement this part.
Acts 2009, ch. 525, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 12 - TENNESSEE TRANSPORTATION STATE INFRASTRUCTURE FUND ACT (§§ 4-31-1201 — 4-31-1209) › Section 4-31-1206 - Part supplemental to other law - Debt limit not applicable - Adequate security - Pledge valid and binding - Misuse of loan

(a)
This part is in addition and supplemental to any other law providing for the financing of eligible projects of qualified borrowers and shall not be deemed to amend or repeal any other law.
(b)
Qualified borrowers may enter into financing agreements under this part, notwithstanding and without regard to any limit on indebtedness provided by law. No requirements or restraints applicable to borrowing by qualified borrowers contained in any other law shall be applicable to financing agreements or to the proceedings for approval of the financing agreements entered into under this part. Qualified borrowers entering into financing agreements may perform any acts, take any action, adopt any proceedings and make and carry out any contracts or agreements with the authority as may be agreed to by the authority and any qualified borrower for the carrying out of the purposes contemplated by this part.
(c)
In order to provide adequate security as may be required by the authority for a loan under this part, a qualified borrower is authorized to:
(1)
Receive, apply, pledge, assign and grant security interests in project revenues and any revenues from any other revenue producing facilities from which the qualified borrower derives project revenues to secure its obligations as provided in this part;
(2)
Pledge its state-shared taxes, as defined in §
4-31-102
, if any;
(3)
Pledge the full faith and credit and unlimited taxing power, if any, of the qualified borrower as to all taxable property of the qualified borrower to the punctual payment of the loan; and
(4)
Pledge any other security determined by the authority to be acceptable to secure a loan under this part.
(d)
(1)
Any pledge made by the qualified borrower pursuant to this part shall be valid and binding from the time when the pledge is made, the moneys or property so pledged and thereafter received by the qualified borrower shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the qualified borrower, regardless of whether the parties have notice of the lien of the pledge.
(2)
Neither the resolution nor any other instrument by which a pledge is created need be recorded.
(e)
A qualified borrower shall ensure that all loans received from the authority pursuant to this part are used in accordance with applicable federal and state law. The qualified borrower shall be liable for the repayment of the funds or damages caused in the event of any misuse of the loan received pursuant to this part.
Acts 2009, ch. 525, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 12 - TENNESSEE TRANSPORTATION STATE INFRASTRUCTURE FUND ACT (§§ 4-31-1201 — 4-31-1209) › Section 4-31-1207 - Default on amounts due

(a)
If a qualified borrower fails to collect and remit in full all amounts due to the authority on the date the amounts are due under the terms of any note or other obligation of the qualified borrower, or if the qualified borrower fails to repay funds or pay damages in the event of misuse of loans received pursuant to this part, the authority shall notify the appropriate state officials who shall withhold all or a portion of the funds of the state and all funds administered by the state and its agencies, boards and instrumentalities allotted or appropriated to the borrower, including, but not limited to, state-shared taxes and apply an amount necessary to the payment of the amount due.
(b)
Nothing contained in this section mandates the withholding of funds allocated to a qualified borrower that would violate contracts to which the state is a party, the requirements of federal law imposed on the state or judgments of a court binding on the state.
Acts 2009, ch. 525, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 12 - TENNESSEE TRANSPORTATION STATE INFRASTRUCTURE FUND ACT (§§ 4-31-1201 — 4-31-1209) › Section 4-31-1208 - Annual report - Audit

(a)
Following the close of each state fiscal year, the authority shall submit an annual report of its activities for the preceding year to the governor, the speaker of the senate and the speaker of the house of representatives and make the report available to the general assembly. The authority also shall submit an annual report to the appropriate federal agency in accordance with requirements of any federal program.
(b)
The annual reports and all books of accounts and financial records of the authority shall be subject to audit annually by the comptroller of the treasury.
Acts 2009, ch. 525, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 31 - TENNESSEE LOCAL DEVELOPMENT AUTHORITY ACT (§§ 4-31-101 — 4-31-1209) › Part 12 - TENNESSEE TRANSPORTATION STATE INFRASTRUCTURE FUND ACT (§§ 4-31-1201 — 4-31-1209) › Section 4-31-1209 - Policies and procedures

The authority, in consultation with the department of transportation, is authorized to adopt policies and procedures to effectuate the purposes of this part.
Acts 2009, ch. 525, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 32 - GOVERNOR'S OFFICE OF FAITH-BASED AND COMMUNITY INITIATIVES (§§ 4-32-101 — 4-32-107) › Section 4-32-101 - Creation

There is established a "governor's office of faith-based and community initiatives," referred to as the "office" in this chapter.
Acts 2019, ch. 218, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 32 - GOVERNOR'S OFFICE OF FAITH-BASED AND COMMUNITY INITIATIVES (§§ 4-32-101 — 4-32-107) › Section 4-32-102 - Purposes

In order to maximize the effectiveness of state government through collaboration with faith-based and community initiatives to serve Tennesseans with respect to public purposes, such as improving public safety, overcoming addiction, strengthening families and communities, and overcoming poverty, the office shall, to the extent permitted by law:
(1)
Promote and foster the development of relationships and coordination between state government and faith-based and community initiatives and serve as a resource for and liaison between state government and such initiatives;
(2)
Coordinate activities designed to mobilize public support for faith-based and community initiatives through volunteerism, special projects, and public-private partnerships;
(3)
Raise ideas and policy options to the governor that would assist, strengthen, expand, or replicate successful faith-based and community programs;
(4)
Ensure that state government decisions and programs are consistent with the goal of partnering with faith-based and community initiatives when doing so is in the public interest and monitor how such decisions and programs affect faith-based and community initiatives;
(5)
Work with state, local, and community policymakers, volunteers, and public officials to facilitate coordination with and empowerment of faith-based and other community organizations where doing so would improve such groups' service to the communities involved; and
(6)
Showcase and herald successful and innovative faith-based and community organizations and civic initiatives.
Acts 2019, ch. 218, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 32 - GOVERNOR'S OFFICE OF FAITH-BASED AND COMMUNITY INITIATIVES (§§ 4-32-101 — 4-32-107) › Section 4-32-103 - Nonprofit partnerships

(a)
The office may partner with a nonprofit public benefit corporation that is organized to maximize the effectiveness of faith-based and community initiatives in serving Tennesseans with respect to public purposes, in order to carry out the purposes of the office.
(b)
The governor shall select the members of the board of directors of the nonprofit partner. The nonprofit partner's board may select its own chair. The nonprofit partner has an executive director, who is selected by the governor.
(c)
The nonprofit partner shall be properly incorporated under the laws of the state of Tennessee and approved by the internal revenue service as an organization that is exempt from federal income tax under § 501(a) of the Internal Revenue Code (
26 U.S.C. § 501(a)
), by virtue of being an organization described in § 501(c)(3) of the Internal Revenue Code (
26 U.S.C. § 501(c)(3)
).
(d)
The nonprofit partner may receive and solicit funds from the general public in accordance with title 48, chapter 101, part 5.
(e)
A state employee shall not receive compensation from funds received by the nonprofit partner pursuant to subsection (d).
(f)
The nonprofit partner may exercise all powers authorized under the Tennessee Nonprofit Corporation Act, compiled in title 48, chapters 51-69.
(g)
The nonprofit partner may receive staff and other assistance from any department, agency, board or commission, or other division of state government.
(h)
Subject to existing statutes, rules, and policies, the nonprofit partner may enter into agreements with state government for procurement of office space, supplies, and other items, as necessary to effectively carry out the purposes of this chapter.
Amended by 2023 Tenn. Acts, ch. 146,s 1, eff. 4/13/2023.
Acts 2019, ch. 218, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 32 - GOVERNOR'S OFFICE OF FAITH-BASED AND COMMUNITY INITIATIVES (§§ 4-32-101 — 4-32-107) › Section 4-32-104 - Administration

(a)
[Deleted by 2023 amendment.]
(b)
For administrative purposes, the office is attached to the department of finance and administration.
(c)
Any department, agency, board or commission, or other division of state government may provide staff and other assistance to the office, and all departments, agencies, boards and commissions, and other divisions of state government shall fully cooperate with the office and shall provide staff support and other assistance as reasonably required, subject to existing statutes, rules, and policies.
(d)
The office may enter into such contractual and promotional agreements necessary to maximize the effectiveness of state government through collaboration with faith-based and community initiatives to serve Tennesseans with respect to public purposes.
(e)
The office may work with local governments, private organizations, and citizens as it plans and engages in activities related to the office.
Amended by 2023 Tenn. Acts, ch. 146, s 2, eff. 4/13/2023.
Acts 2019, ch. 218, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 32 - GOVERNOR'S OFFICE OF FAITH-BASED AND COMMUNITY INITIATIVES (§§ 4-32-101 — 4-32-107) › Section 4-32-105 - Retirement benefits

(a)
The nonprofit partner shall be eligible to be a participating employer in the Tennessee consolidated retirement system upon passage of a resolution by the nonprofit's board of directors authorizing:
(1)
An actuarial study; and
(2)
Participation, and accepting the liability as a result of the participation, by its full-time employees.
(b)
The employees of the nonprofit partner must make the same contributions, participate in the same manner, and are eligible for the same benefits as employees of local governments participating in the retirement system under title 8, chapter 35, part 2.
(c)
The employees of the nonprofit partner are entitled to credit for prior service, as approved by the board of directors of the nonprofit, under the same provisions that apply to employees of local governments.
(d)
The retirement system is not liable for the payment of retirement allowances or other payments on account of employees of the nonprofit partner, or the beneficiaries of such employees, for which reserves have not been previously created from funds contributed by the nonprofit partner, its employees, or the nonprofit partner and its employees.
(e)
In case of the withdrawal of the nonprofit partner as a participating employer, the benefits of the members and beneficiaries shall be determined in accordance with §
8-35-211
.
(f)
All costs associated with retirement coverage, including administrative costs, are the responsibility of the nonprofit partner.
Acts 2019, ch. 218, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 32 - GOVERNOR'S OFFICE OF FAITH-BASED AND COMMUNITY INITIATIVES (§§ 4-32-101 — 4-32-107) › Section 4-32-106 - Health benefits

The nonprofit partner may participate, the same as an eligible quasi-governmental organization, in the health insurance plan authorized under §
8-27-702
, to provide health insurance for its employees, as long as such nonprofit partner satisfies each of the requirements of §
8-27-702
. This participation shall be governed by, and subject to, title 8, chapter 27, part 7.
Acts 2019, ch. 218, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 32 - GOVERNOR'S OFFICE OF FAITH-BASED AND COMMUNITY INITIATIVES (§§ 4-32-101 — 4-32-107) › Section 4-32-107 - Annual reports and audits

(a)
The nonprofit partner shall annually submit to the governor and the speakers of the senate and the house of representatives, within ninety (90) days after the end of its fiscal year, a report setting forth its operation and accomplishments.
(b)
The nonprofit partner 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.
Acts 2019, ch. 218, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 33 - TENNESSEE ECONOMIC IMPACT DISCLOSURE LAW OF 1979 (§§ 4-33-101 — 4-33-107) › Section 4-33-101 - Short title

This chapter shall be known and may be cited as the "Tennessee Economic Impact Disclosure Law of 1979."
Acts 1979, ch. 215, § 1; T.C.A., § 4-3301.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 33 - TENNESSEE ECONOMIC IMPACT DISCLOSURE LAW OF 1979 (§§ 4-33-101 — 4-33-107) › Section 4-33-102 - Purpose - Legislative intent

(a)
It is the purpose and intent of the general assembly by this enactment to require state agencies to state the direct and indirect costs of government programs to consumers and the relationship between the costs of a program and the benefits to be received from the program.
(b)
The general assembly intends this chapter to supplement existing laws and regulations.
(c)
Nothing in this chapter shall affect existing statutory obligations of a state agency.
Acts 1979, ch. 215, § 2; T.C.A., § 4-3302.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 33 - TENNESSEE ECONOMIC IMPACT DISCLOSURE LAW OF 1979 (§§ 4-33-101 — 4-33-107) › Section 4-33-103 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Agency" means every department or organization described in chapter 3 of this title; and
(2)
"Agency action" includes any action by an agency or subdivision thereof that may have substantial economic impact upon any person. Substantial economic impact may occur through a related series of agency decisions that individually may not have substantial economic impact, but that cumulatively have substantial economic impact.
Acts 1979, ch. 215, § 3; T.C.A., § 4-3303.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 33 - TENNESSEE ECONOMIC IMPACT DISCLOSURE LAW OF 1979 (§§ 4-33-101 — 4-33-107) › Section 4-33-104 - Economic impact statements

(a)
Upon written request by the commissioner or head of any agency, or by any member of the general assembly, each agency shall within a reasonable time justify a proposed action by preparing an economic impact statement using professionally accepted methodology, with quantification of data to the extent practicable, giving effect to both short-term and long-term consequences; provided, that this section shall not apply to any action of the department of transportation in which federal-aid matching funds are used.
(b)
The economic impact statement shall include the following information:
(1)
A description of the action proposed, the purpose of the action, the legal authority for the action and the plan for implementing the action;
(2)
A determination that the action is the least-cost method for achieving the stated purpose;
(3)
A comparison of the cost-benefit relation of the action to nonaction;
(4)
A determination that the action represents the most efficient allocation of public and private resources;
(5)
A determination of the effect of the action on competition;
(6)
A determination of the effect of the action on the cost of living in the geographical area in which the action would occur;
(7)
A determination of the effect of the action on employment in the geographical area in which the action would occur;
(8)
The source of revenue to be used for the action; and
(9)
A conclusion as to the economic impact upon all persons substantially affected by the action, including an analysis containing a description as to which persons will bear the costs of the action and which persons will benefit directly and indirectly from the action.
(c)
If, during the course of an agency action, information required by the economic impact statement materially changes, the agency shall amend the statement with the correct information.
Acts 1979, ch. 215, § 4; T.C.A., § 4-3304; Acts 1980, ch. 664, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 33 - TENNESSEE ECONOMIC IMPACT DISCLOSURE LAW OF 1979 (§§ 4-33-101 — 4-33-107) › Section 4-33-106 - Exempt agency actions

The following agency actions are exempt from this chapter:
(1)
The collection and payment of social security funds, retirement funds or employee benefit funds;
(2)
Participation in any federal program, if under federal law the participation would be prevented by compliance with this chapter;
(3)
All emergency rules, or emergency purchases, if the governor agrees that an emergency exists and that a timely economic impact statement could not be prepared, but within a reasonable period of time after the action, an appropriate economic impact statement shall be prepared;
(4)
All legislative actions;
(5)
All purchases by any state agency that have a fair market value or monetary value that is less than twenty-five thousand dollars ($25,000);
(6)
Ministerial action by an agency that complies with applicable statutes and rules; provided, however, this exemption does not include an agency action where the contracting of services is considered or used instead of state employees;
(7)
Action by a state agency that is required by law to be maintained as confidential;
(8)
The preparation and sale of all bonds that are processed by the state funding board;
(9)
Expenditures of money from trust funds that previously have been designed by the general assembly for a specific purpose;
(10)
The prosecution of civil, criminal or administrative actions before any court or before an administrative hearing officer; and
(11)
Actions involving persons in the custody of the state voluntarily or under court order.
Acts 1979, ch. 215, § 6; T.C.A., § 4-3306; Acts 1994, ch. 777, §§ 1, 2.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 33 - TENNESSEE ECONOMIC IMPACT DISCLOSURE LAW OF 1979 (§§ 4-33-101 — 4-33-107) › Section 4-33-107 - Copies of economic impact statements

In addition to any copies that may be provided to other individuals or entities, each agency that prepares an economic impact statement pursuant to this chapter shall provide a copy of such impact statement to the senate and house of representatives government operations committees.
Acts 1979, ch. 215, § 7; T.C.A., § 4-3307.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 34 - NATIVE AMERICAN INDIANS (§§ 4-34-101 — 4-34-102) › Section 4-34-101 - Inclusion of "Native American Indian" as racial or ethnic origin

(a)
Notwithstanding any law to the contrary, a state or local governmental entity requiring or requesting a person to divulge racial or ethnic origin on an employment form, education application, or other such document shall contain a space, box, or blank clearly designated "Native American Indian."
(b)
This section may not be construed to require a governmental entity to revise the forms in the manner required by this section before exhausting its supply of forms on hand on January 1, 1995.
Acts 1994, ch. 971, § 1; T.C.A. § 4-34-201.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 34 - NATIVE AMERICAN INDIANS (§§ 4-34-101 — 4-34-102) › Section 4-34-102 - Eligibility for minority-based benefits

Notwithstanding any other law to the contrary, a Native American or an African-American is eligible to receive scholarships, grants or any other benefit afforded to minorities from the University of Tennessee system, the board of regents system, or any Tennessee school system. As used in this section, "Native American" means an individual recognized as Native American by a federally recognized tribe or a state.
Acts 1994, ch. 972, §1; T.C.A. § 4-34-202.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 35 - STATE OF TENNESSEE AUDIT COMMITTEE ACT OF 2005 (§§ 4-35-101 — 4-35-108) › Section 4-35-101 - Short title

This chapter shall be known and may be cited as the "State of Tennessee Audit Committee Act of 2005."
Acts 2005, ch. 310, § 2.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 35 - STATE OF TENNESSEE AUDIT COMMITTEE ACT OF 2005 (§§ 4-35-101 — 4-35-108) › Section 4-35-102 - Creation of audit committees

(a)
A state governing board, council, commission, or equivalent body that has the authority to hire and terminate its employees shall create an audit committee, subject to subsection (c).
(b)
A state governing board, council, commission, or equivalent body that is responsible for the preparation of financial statements, whether included in the financial statements of other entities or free standing, shall create an audit committee, subject to subsection (c).
(c)
A state governing board, council, commission, or equivalent body subject to subsections (a) and (b) may be excepted from the requirement to form an audit committee only upon the approval of the comptroller of the treasury.
Acts 2005, ch. 310, § 3.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 35 - STATE OF TENNESSEE AUDIT COMMITTEE ACT OF 2005 (§§ 4-35-101 — 4-35-108) › Section 4-35-103 - Development of charter - Guidelines for and review of charter - Approval

(a)
An audit committee created pursuant to this chapter shall develop a written charter addressing the audit committee's purpose, powers, duties, and mission.
(b)
The comptroller of the treasury shall establish guidelines for creation of an audit committee charter and shall review the proposed charter to determine whether the charter contains the minimum necessary requirements.
(c)
The charter, and any subsequent amendments, shall be presented to the full state governing board, council, commission, or equivalent body, and the comptroller of the treasury for approval.
Acts 2005, ch. 310, § 4.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 35 - STATE OF TENNESSEE AUDIT COMMITTEE ACT OF 2005 (§§ 4-35-101 — 4-35-108) › Section 4-35-104 - Standing committee - Members - Meetings

(a)
The audit committee shall be a standing committee of the state governing board, council, commission, or equivalent body.
(b)
An audit committee created pursuant to this chapter shall have at a minimum three (3) members, chosen as prescribed in the audit committee charter.
(c)
(1)
The audit committee's charter shall provide for the frequency of and procedures relative to conducting meetings.
(2)
The audit committee shall meet upon the request of the comptroller of the treasury.
Acts 2005, ch. 310, § 5.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 35 - STATE OF TENNESSEE AUDIT COMMITTEE ACT OF 2005 (§§ 4-35-101 — 4-35-108) › Section 4-35-105 - Responsibilities of audit committee

The responsibilities of an audit committee created pursuant to this chapter include, but are not limited to:
(1)
Overseeing the financial reporting and related disclosures, especially when financial statements are issued;
(2)
Evaluating management's assessment of the body's system of internal controls;
(3)
Formally reiterating, on a regular basis, to the state governing board, council, commission, equivalent body, or management and staff of the agency to which the audit committee is attached, the responsibility of the state governing board, council, commission, equivalent body, or management and staff of the agency for preventing, detecting, and reporting fraud, waste, and abuse;
(4)
Serving as a facilitator of any audits or investigations of the body to which the audit committee is attached, including advising auditors and investigators of any information the audit committee may receive pertinent to audit or investigative matters;
(5)
Informing the comptroller of the treasury of the results of assessment and controls to reduce the risk of fraud; and
(6)
Promptly notifying the comptroller of the treasury of any indications of fraud.
Acts 2005, ch. 310, § 6.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 35 - STATE OF TENNESSEE AUDIT COMMITTEE ACT OF 2005 (§§ 4-35-101 — 4-35-108) › Section 4-35-106 - Powers and duties

An audit committee created pursuant to this chapter shall have the power and duty to take whatever actions the audit committee deems necessary in carrying out its responsibilities in this chapter, including, but not limited to:
(1)
Seeking information the audit committee requires from employees or external parties;
(2)
Meeting with agency management, board, council, commission, or equivalent body members, external and internal auditors, legal counsel, or others as necessary; and
(3)
Requiring internal auditors to report directly to the audit committee.
Acts 2005, ch. 310, § 7.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 35 - STATE OF TENNESSEE AUDIT COMMITTEE ACT OF 2005 (§§ 4-35-101 — 4-35-108) › Section 4-35-107 - Establishment of confidential reporting of illegal, improper, wasteful or fraudulent activity

(a)
An audit committee created pursuant to this chapter shall establish a process by which employees, taxpayers, or other citizens may confidentially report suspected illegal, improper, wasteful, or fraudulent activity. If the information provided causes the chair of the audit committee to believe that illegal, improper, wasteful, or fraudulent activity may have occurred, then the chair of the audit committee shall report the information to the office of the comptroller of the treasury. The comptroller of the treasury shall have the power to prescribe the method of making the report by the chair of the audit committee. The detailed information received and generated pursuant to a report of suspected illegal, improper, wasteful, or fraudulent activity shall be considered audit working papers and is therefore not an open record pursuant to title 10, chapter 7.
(b)
Section
8-50-116
shall apply to all state governing board, council, commission or equivalent body employees. In addition, no state governing board, council, commission or equivalent body's employees shall suffer any of the prohibited retaliatory actions specified in §
8-50-116
for reporting or cooperating with the audit committee, internal auditors, or auditors from, or approved by, the comptroller of the treasury, or for reporting any facts to the state governmental body to which the audit committee is attached. Any person who knowingly and willingly retaliates or takes adverse action of any kind against any person for reporting alleged wrongdoing pursuant to this chapter commits a Class A misdemeanor.
Amended by 2013 Tenn. Acts, ch. 64,s 1, eff. 4/1/2013.
Acts 2005, ch. 310, § 8.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 35 - STATE OF TENNESSEE AUDIT COMMITTEE ACT OF 2005 (§§ 4-35-101 — 4-35-108) › Section 4-35-108 - Notice of meetings - Open meetings - Exceptions

(a)
Except as provided in subsection (b), all meetings of an audit committee created pursuant to this chapter shall abide by the notice requirements adhered to by the state governing board, council, commission, or equivalent body to which the audit committee is attached.
(b)
All meetings of an audit committee created pursuant to this chapter shall be subject to the open meetings provisions of title 8, chapter 44, except that the audit committee may hold confidential, nonpublic executive sessions to discuss:
(1)
Items deemed not subject to public inspection under §§
10-7-503
and
10-7-504
, and all other matters designated as confidential or privileged under this code;
(2)
Litigation;
(3)
Audits or investigations;
(4)
Information protected by federal law; and
(5)
Matters involving information under §
4-35-107(a)
, where the informant has requested anonymity.
(c)
No business, other than that described under subdivisions (b)(1)-(5), shall be considered during a confidential, nonpublic executive session by the audit committee.
(d)
For purposes of providing notice of a confidential, nonpublic executive session, the agenda must disclose the general nature of discussion as described under subdivisions (b)(1)-(5).
(e)
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 under subdivisions (b)(1)-(5). 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.
(f)
This chapter is not intended to prevent the full state governing board, commission, council, or equivalent body from going into confidential, nonpublic executive session for the purpose of further discussing those matters as described under subdivisions (b)(1)-(5). All portions of meetings of the full state governing board, commission, council, or equivalent body, where matters described under subdivisions (b)(1)-(5) will be discussed, shall be exempt from title 8, chapter 44; provided, that the full state governing board, commission, council or equivalent body shall abide by the notice requirements of subsections (c)-(e).
Acts 2005, ch. 310, § 9.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 37 - CHILD CARE PUBLIC/PRIVATE PARTNERSHIPS PROGRAM (§ 4-37-101) › Section 4-37-101 - Creation - Use of matching funds - Departmental report - Promulgation of rules and regulations

(a)
(1)
The department of human services is authorized to work with local communities, industry and other entities to develop the preliminary parameters of a program of public/private partnerships to enhance funding of child care. In such efforts, the department shall involve entities such as the Tennessee Child Care Facilities and Programs Corporation, established pursuant to [former] part 1 of this chapter [repealed], the appropriate local families first councils and the work force development council.
(2)
In exploring such partnerships, the department shall examine the feasibility of securing federal and state funding as an incentive for developing matching local funds derived from local governments, employers, charitable institutions or foundations and other sources, so that communities may seek local, flexible partnerships with employers for the creation and enhancement of child care.
(b)
(1)
Only to the extent of any current funding not otherwise obligated by law, the department may also establish preliminary public/private partnerships through a program based upon the principles in subsection (a). In any preliminary program created pursuant to this subsection (b), any matching funds shall be used with the input and direction of local communities to meet the needs of working parents and to create, expand or upgrade on-site child care facilities; to contract or partner with child care agencies that provide such types of child care as sick-care, after-hours care for children and any other forms of child care that become necessary to meet the needs of children, parents, and employers; and to use such funds as incentives or for studies that may be necessary to aid in the development of any child care for the particular community.
(2)
Any funds used pursuant to this subsection (b) shall supplement or extend the use of existing public or private funding and shall not be used to supplant the maintenance of effort being exerted currently by the employer or other contributor.
(3)
Any funds utilized pursuant to this subsection (b) shall be for child care provided in a facility licensed, approved or certified by a state child care licensing, certification or approval entity under title 37, 49, or 71, or in any other facility or program approved for the care of children by the department.
(c)
The department is authorized to promulgate rules and regulations, which may include emergency rules, pursuant to chapter 5 of this title, to implement subsection (b). Such rules may include criteria for grants and use of program funds and shall be limited to any currently available funds not otherwise obligated by law.
Acts 2000, ch. 981, § 80; 2009, ch. 566, § 12; T.C.A. § 4-37-201.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 38 - REFUGEE ABSORPTIVE CAPACITY ACT (§§ 4-38-101 — 4-38-104) › Section 4-38-101 - Short title

This chapter shall be known and may be cited as the "Refugee Absorptive Capacity Act."
Acts 2011, ch. 316, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 38 - REFUGEE ABSORPTIVE CAPACITY ACT (§§ 4-38-101 — 4-38-104) › Section 4-38-102 - Chapter definitions

As used in this chapter:
(1)
"Absorptive capacity" is a determination made by a local government evaluating, for a host community within that jurisdiction:
(A)
The capacity of the community's social service and healthcare agencies to meet the existing needs of the community's current residents;
(B)
The availability of affordable housing, low-cost housing, or both, and existing waiting lists for such housing in the community;
(C)
The capacity of the local school district to meet the needs of the existing or anticipated refugee student population; and
(D)
The ability of the local economy to absorb new workers without causing competition with local residents for job opportunities, displacing existing local workers, or adversely affecting the wages or working conditions of the local workforce;
(2)
"Local government" or "local governments" refers to either the city council, governing body of any county having a metropolitan form of government, or county legislative body which regulates any host community being considered for refugee resettlement activity;
(3)
"Tennessee office for refugees" means the state office which administers the refugee program for this state, or the entity or agency to whom the state has delegated such function and that has been designated and recognized by the federal government to administer such program; and
(4)
"Tennessee refugee coordinator" means the official designated by the Tennessee office for refugees.
Acts 2011, ch. 316, § 2.