reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 19 - DAIRY INDUSTRY PROMOTION ACT (§§ 44-19-101 — 44-19-122) › Section 44-19-113 - Implementation of results - Imposition, notice and disposition of assessment

Upon the approval of an assessment or a change in assessment in accordance with this chapter, the commissioner shall notify forthwith, by certified mail, all persons engaged either in the business of purchasing milk directly from producers or marketing milk in this state, either individually or on behalf of producers, that on and after the date specified in such letter, the specified assessment shall be deducted from the producer's payment for the sale or marketing of milk. The assessment so deducted shall, on or before the twenty-fifth day of the month following the end of the month in which milk is sold or marketed, be remitted to the Tennessee dairy promotion committee established in this chapter. These funds, including donations from individuals, concerns, corporations and grants from state or governmental agencies, shall be used for the purpose of promoting and stimulating by advertising, research, nutrition education and other methods, the increased consumption, use and sale, of milk. The books and records relating to the payment of the assessment of all persons who purchase or market milk shall at all times during regular business hours be open for inspection by the commissioner or the commissioner's duly authorized agents.
Acts 1984, ch. 948, § 13.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 19 - DAIRY INDUSTRY PROMOTION ACT (§§ 44-19-101 — 44-19-122) › Section 44-19-114 - Tennessee dairy promotion committee

(a)
A Tennessee dairy promotion committee shall be established, which shall consist of an odd number of members with no fewer than five (5) and no more than eleven (11) members. The commissioner shall be an ex officio member with nonvoting status.
(b)
The committee shall be organized as a statewide committee appointed by the commissioner from nominations received from agricultural dairy cooperatives and individual producers who are not members of agricultural dairy cooperatives in the state of Tennessee, and shall be known as the Tennessee dairy promotion committee. Nominating procedures, qualifications, representation, and term of office shall be prescribed by the commissioner. The committee shall be composed of producers directly affected by the assessments in proportional representation by method of marketing either through agricultural dairy cooperatives or by direct sale, as the program shall prescribe.
(c)
A member of the committee shall be entitled to reimbursement for travel expenses in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter, and fifty dollars ($50.00) per diem while attending meetings of the committee or engaged in the performance of official responsibilities delegated by the committee.
(d)
The duties and responsibilities of the committee shall be prescribed by the commissioner and, to the extent applicable, shall include the following duties and responsibilities:
(1)
Developing and recommending to the commissioner administrative rules and procedures relating to the assessment;
(2)
Recommending to the commissioner such amendments to the administrative procedures as may be deemed advisable;
(3)
Preparing and effectuating the estimated budget required for the proper operation of the committee;
(4)
Developing methods for assessing producers, and methods for collecting the necessary funds;
(5)
Collecting and assembling information and data necessary for the proper administration of the assessment program;
(6)
Contracting with existing non-brand dairy promotion organizations; and
(7)
Performing any other duties necessary for the operation of the dairy industry promotion program in coordination with the commissioner.
Acts 1984, ch. 948, § 14.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 19 - DAIRY INDUSTRY PROMOTION ACT (§§ 44-19-101 — 44-19-122) › Section 44-19-115 - Refund of promotion money

If and when the national program pursuant to the Dairy and Tobacco Adjustment Act of 1983 ( Public Law 98-180 ) establishes a procedure for the return of promotion moneys to the producer, at the producer's request, then and only then shall the Tennessee dairy promotion committee, upon written request of any producer, refund from the funds collected from that producer pursuant to this chapter the same proportion of moneys as the national program. The refund request by affidavit of the individual producers shall provide for the refund of moneys collected from that producer during the immediately preceding three-month period, except producers may request a partial refund. Refund forms shall be provided to producers at the producers' request by the committee, and producers desiring refunds shall file refund forms before the end of the month immediately following the three-month period for which the refund is being requested. Producers shall establish their right to a refund by providing copies of vouchers or sales receipts from processors or buyers showing contributions withheld from the producer pursuant to this chapter.
Acts 1984, ch. 948, § 15.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 19 - DAIRY INDUSTRY PROMOTION ACT (§§ 44-19-101 — 44-19-122) › Section 44-19-116 - Deposits - Disbursements

Any moneys collected pursuant to this chapter shall not be state funds, and shall be deposited in a bank or other depository in this state, as from time to time determined by the Tennessee dairy promotion committee, allocated to the dairy industry promotion program under which they are collected, and disbursed by the committee only for necessary expenses incurred with respect to the program, including expenses and per diem of the committee, in accordance with the rules and regulations established under the program by the commissioner.
Acts 1984, ch. 948, § 16.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 19 - DAIRY INDUSTRY PROMOTION ACT (§§ 44-19-101 — 44-19-122) › Section 44-19-117 - Investments - Use of funds

The Tennessee dairy promotion committee may invest all assessments, gifts or grants that are collected or received by the committee. The committee may not use funds received, collected or accrued for any purpose other than program operations including the purposes designated for those funds in this chapter, and the reasonable costs or expenses necessary to the operation of the committee. No such funds may be used to influence either state or federal legislation or rule making.
Acts 1984, ch. 948, § 17.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 19 - DAIRY INDUSTRY PROMOTION ACT (§§ 44-19-101 — 44-19-122) › Section 44-19-118 - Change or termination of assessment - Petition - Referendum

Upon written petition duly signed by fifteen percent (15%) of the producers affected by the assessment, the commissioner shall, in accordance with the procedure established in §§
44-19-109
- 44-19-112, conduct a referendum to determine whether the producers assent to a change of the assessment or to terminate the assessment. The producers shall be deemed to have assented to a change of the assessment or termination of assessment if a majority of those voting vote in favor of the change or termination.
Acts 1984, ch. 948, § 18.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 19 - DAIRY INDUSTRY PROMOTION ACT (§§ 44-19-101 — 44-19-122) › Section 44-19-119 - Reports - Information - Audits

(a)
The commissioner may require purchasers to file such information and reports as may be reasonably necessary to assist in carrying out the purposes of this chapter.
(b)
The Tennessee dairy promotion committee shall prepare an annual report of its activities through June 30 of each year, and submit this report to the commissioner.
(c)
The annual report and all books of accounts and financial records of all funds received by assessment shall be subject to audit annually by the comptroller of the treasury. The audit may be performed by a licensed independent public accountant selected by the committee and approved by the comptroller of the treasury. The cost of any audit shall be paid by the committee. The comptroller of the treasury shall ensure that audits are prepared in accordance with generally accepted governmental auditing standards and determine if the audits meet minimum audit standards prescribed by the comptroller of the treasury. No audit may be accepted as meeting the requirements of this section until approved by the comptroller of the treasury.
Acts 1984, ch. 948, § 19.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 19 - DAIRY INDUSTRY PROMOTION ACT (§§ 44-19-101 — 44-19-122) › Section 44-19-120 - Promulgation of rules and regulations

The commissioner may make and promulgate such rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, as may be necessary to effectuate the provisions and intent of this chapter.
Acts 1984, ch. 948, § 20.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 19 - DAIRY INDUSTRY PROMOTION ACT (§§ 44-19-101 — 44-19-122) › Section 44-19-121 - Orders and injunctions restraining violations - Unpaid assessments

(a)
Whenever in the judgment of the commissioner or the Tennessee dairy promotion committee on recommendation to the commissioner, a purchaser is engaged in or is about to engage in any acts or practices that constitute a violation of any of the sections of this chapter, the commissioner may make application to a court of appropriate jurisdiction for an order enjoining the act or acts or practices and obtain a restraining order and preliminary injunction against the violation.
(b)
Any due and payable assessment shall constitute a personal debt of every person who is liable and the same sum shall be due and payable to the committee. In the event any person fails to pay the full amount of the person's assessment before the due date, the commissioner may add to the unpaid assessment an amount not exceeding ten percent (10%) of the amount due to defray the cost of enforcing collection. In the event any person fails to pay any due and payable assessment, the commissioner may bring a civil action against that person for collection, together with the above specified ten percent (10%).
Acts 1984, ch. 948, § 21.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 19 - DAIRY INDUSTRY PROMOTION ACT (§§ 44-19-101 — 44-19-122) › Section 44-19-122 - Termination of assessments and chapter

If there is a termination of assessments pursuant to the Dairy and Tobacco Adjustment Act of 1983 ( Public Law 98-180 ), this chapter shall be null and void.
Acts 1984, ch. 948, § 22.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 20 - EQUINE ACTIVITIES - LIABILITY (§§ 44-20-101 — 44-20-105) › Section 44-20-101 - Legislative findings and intent

The general assembly recognizes that persons who participate in equine activities may incur injuries as a result of the risks involved in such activities. The general assembly also finds that the state and its citizens derive numerous economic and personal benefits from these activities. It is, therefore, the intent of the general assembly to encourage equine activities by limiting the civil liability of those involved in such activities.
Acts 1992, ch. 974, § 2.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 20 - EQUINE ACTIVITIES - LIABILITY (§§ 44-20-101 — 44-20-105) › Section 44-20-103 - Limitation on liability for injury or death of participant

Except as provided in §
44-20-104
, an equine activity sponsor, an equine professional, or any other person, which shall include a corporation or partnership, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine activities. Except as provided in §
44-20-104
, no participant or participant's representative shall make any claim against, maintain an action against, or recover from an equine activity sponsor, an equine professional, or any other person for injury, loss, damage, or death of the participant resulting from any of the inherent risks of equine activities.
Acts 1992, ch. 974, § 4.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 20 - EQUINE ACTIVITIES - LIABILITY (§§ 44-20-101 — 44-20-105) › Section 44-20-104 - Applicability - Where liability not prevented or limited

(a)
This chapter shall not apply to the horse racing industry as regulated in title 4, chapter 36.
(b)
Nothing in §
44-20-103
shall prevent or limit the liability of an equine activity sponsor, an equine professional, or any other person if the equine activity sponsor, equine professional, or person:
(1)
(A)
Provided the equipment or tack, and knew or should have known that the equipment or tack was faulty, and the equipment or tack was faulty to the extent that it did cause the injury; or
(B)
Provided the equine and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity and determine the ability of the participant to safely manage the particular equine based on the participant's representations of the participant's ability;
(2)
Owns, leases, rents, or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condition that was known to the equine activity sponsor, equine professional, or person and for which warning signs have not been conspicuously posted;
(3)
Commits an act or omission that constitutes willful or wanton disregard for the safety of the participant, and that act or omission caused the injury; or
(4)
Intentionally injures the participant.
(c)
Nothing in §
44-20-103
shall prevent or limit the liability of an equine activity sponsor or an equine professional:
(1)
Under product liability provisions in title 29, chapter 28; or
(2)
Under trespass provisions in chapter 8 of this title.
(d)
Title 70, chapter 7 does not apply to an equine activity sponsor or an equine professional. It is the legislative intent that equine activity sponsors and equine professionals be held to a higher standard of care.
Acts 1992, ch. 974, § 5.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 20 - EQUINE ACTIVITIES - LIABILITY (§§ 44-20-101 — 44-20-105) › Section 44-20-105 - Warning signs and notice

(a)
Every equine professional shall post and maintain signs that contain the warning notice specified in subsection (b). The signs shall be placed in clearly visible locations on or near stables, corrals, or arenas where the equine professional conducts equine activities if the stables, corrals, or arenas are owned, managed, or controlled by the equine professional. The warning notice specified in subsection (b) shall appear on the sign in black letters, with each letter to be a minimum of one inch (1") in height. Every written contract entered into by an equine professional for the providing of professional services, instruction, or the rental of equipment or tack or an equine to a participant, whether or not the contract involves equine activities on or off the location or site of the equine professional's business, shall contain in clearly readable print the warning notice specified in subsection (b).
(b)
The signs and contracts described in subsection (a) shall contain the following warning notice:
WARNING
Under Tennessee Law, an equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to Tennessee Code Annotated, title 44, chapter 20.
Acts 1992, ch. 974, § 6.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 21 - LIABILITY OF BOVINE OWNERS (§§ 44-21-101 — 44-21-104) › Section 44-21-101 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Bovine activity" means any activity involving one (1) or more bovine, including, but not limited to:
(A)
Grazing, herding, feeding, branding, milking or any other activity that involves the care or maintenance of bovine;
(B)
Bovine shows, fairs, competitions or auctions;
(C)
Bovine training or teaching activities;
(D)
Boarding bovine; or
(E)
Riding, inspecting, or evaluating bovine;
(2)
"Bovine owner" means any person with ownership rights to bovine;
(3)
"Inherent risks of bovine activities" means dangers or conditions that are an integral part of bovine activities, including, but not limited to:
(A)
The propensity of a bovine to behave in ways that may result in injury, loss, damage or death to persons on or around the bovine;
(B)
The unpredictability of a bovine's reaction to sounds, sudden movements, and unfamiliar objects, persons, or other animals;
(C)
Certain hazards on the property, such as surface and subsurface conditions; or
(D)
Collisions with other bovine or objects; and
(4)
"Person" means an individual, corporation or any other legal entity.
Acts 2011, ch. 74, § 1.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 21 - LIABILITY OF BOVINE OWNERS (§§ 44-21-101 — 44-21-104) › Section 44-21-102 - No liability for inherent risks of bovine activities

(a)
A bovine owner shall not be liable for any injury, loss, damage, or death of a person resulting from the inherent risks of bovine activities.
(b)
Except as provided in §
44-21-103
, no person shall make any claim against, maintain an action against, or recover from a bovine owner for injury, loss, damage, or death of the person resulting from the inherent risks of bovine activities.
Acts 2011, ch. 74, § 1.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 21 - LIABILITY OF BOVINE OWNERS (§§ 44-21-101 — 44-21-104) › Section 44-21-103 - Bovine owner activities that preclude limitations on liability

(a)
Nothing in §
44-21-102
shall prevent or limit the liability of a bovine owner if the owner:
(1)
Fails to post and maintain warning signs pursuant to §
44-21-104(a)
;
(2)
Fails to maintain proper fences and enclosures pursuant to chapter 8 of this title; or
(3)
Commits an act or omission that constitutes willful or wanton disregard for the safety of the person, and that act or omission caused the injury, loss, damage, or death.
(b)
Title 70, chapter 7 shall not apply to a bovine owner if the injury, loss, damage or death resulted from a bovine activity.
Acts 2011, ch. 74, § 1.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 21 - LIABILITY OF BOVINE OWNERS (§§ 44-21-101 — 44-21-104) › Section 44-21-104 - Warning signs

(a)
A bovine owner shall post and maintain signs that contain the warning notice specified in subsection (b). The signs shall be placed in clearly visible locations on or near stables, corrals, fences, enclosures or arenas where the owner conducts bovine activities. The warning notice specified in subsection (b) shall appear on the sign in black letters, with each letter to be a minimum of one inch (1") in height.
(b)
The signs described in subsection (a) shall contain the following warning notice:
WARNING
Under Tennessee Law, a bovine owner is not liable for any injury, loss, damage, or death of a person resulting from the inherent risks of bovine activities, pursuant to Tennessee Code Annotated, title 44, chapter 21.
Acts 2011 , ch. 74, § 1.
2023 Tennessee Code › Title 45 - BANKS AND FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-20-111) › Chapter 1 - DEPARTMENT OF FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-1-209) › Part 1 - DEPARTMENT OF FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-1-130) › Section 45-1-101 - Short title

This chapter and chapter 2 of this title shall be known and may be cited as the "Tennessee Banking Act."
Amended by 2017 Tenn. Acts, ch. 457,s 2, eff. 7/1/2017.
Acts 1969, ch. 36, § 1 (1.101); T.C.A., § 45-101.
2023 Tennessee Code › Title 45 - BANKS AND FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-20-111) › Chapter 1 - DEPARTMENT OF FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-1-209) › Part 1 - DEPARTMENT OF FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-1-130) › Section 45-1-102 - Purpose - Standards for exercise of authority by commissioner - Rules of construction

(a)
It is the underlying purpose of this chapter and chapter 2 of this title to provide the citizens of Tennessee with a sound system of state chartered banks by providing for and encouraging the development of the banks while restricting their activities to the extent necessary to safeguard the interests of depositors.
(b)
This underlying purpose includes, but is not limited to, providing for:
(1)
The sound conduct of the business of banks subject to this chapter and chapter 2 of this title;
(2)
The conservation of their assets;
(3)
The maintenance of adequate reserves against deposits;
(4)
The opportunity for banks subject to this chapter and chapter 2 of this title to compete with other businesses including, but not limited to, other financial organizations existing under the laws of this and other states, the United States and foreign countries;
(5)
The opportunity for banks to serve the citizens of this state by improving and expanding their services and facilities and the opportunity for banks to participate in and promote the economic progress of Tennessee and the United States;
(6)
The opportunity for the management of banks to exercise business judgment in conducting the affairs of their institutions; and
(7)
Modernization and simplification of the law governing banking by providing that banks subject to this chapter and chapter 2 of this title shall have all the rights and powers granted corporations for profit by the Tennessee Business Corporation Act, compiled in title 48, chapters 11-27, except for the rights and powers withheld by those chapters or by rule or regulation of the commissioner of financial institutions.
(c)
It is not a purpose of this chapter and chapter 2 of this title to restrict the activities of banks for the purpose of protecting any person, as hereinafter defined, from competition from banks, and this chapter and chapter 2 of this title do not confer any right or cause of action upon any competitor.
(d)
The purposes of this chapter and chapter 2 of this title shall constitute standards to be observed by the commissioner of financial institutions in the commissioner's exercise of authority under this chapter and chapter 2 of this title, and shall constitute rules of construction in all matters of construction and application of those chapters.
Acts 1969, ch. 36, § 1 (1.102); 1973, ch. 294, §6; T.C.A., §45-102; Acts 1994, ch. 551, § 19.
2023 Tennessee Code › Title 45 - BANKS AND FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-20-111) › Chapter 1 - DEPARTMENT OF FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-1-209) › Part 1 - DEPARTMENT OF FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-1-130) › Section 45-1-104 - Department to execute laws

The department, created by §
4-3-101
, is charged with the execution of all laws relative to persons doing or engaged in a banking or other business as provided in this title, except for pawnbrokers covered by chapter 6 of this title.
Acts 1969, ch. 36, § 1 (2.101); impl. am. Acts 1971, ch. 137, § 1; modified; T.C.A., §
45-1-104
; Acts 1983, ch. 274, § 3; 1995, ch. 186, § 16; 2005, ch. 440, § 17.
2023 Tennessee Code › Title 45 - BANKS AND FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-20-111) › Chapter 1 - DEPARTMENT OF FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-1-209) › Part 1 - DEPARTMENT OF FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-1-130) › Section 45-1-105 - Commissioner, deputy and assistant commissioners - Qualifications - Vacancy

(a)
(1)
The department will have as its chief executive officer a commissioner who will be appointed by the governor as commissioner of financial institutions, and who shall have the same official status as all other commissioners. The commissioner shall hold office for the term of office of the governor except the commissioner may be removed from office by the governor for cause.
(2)
The commissioner shall be a person of good character with at least five (5) years of experience in the theory and practice of bank management, three (3) years of which must have been in a full-time management or regulatory capacity. No person under thirty (30) years of age is eligible for appointment as commissioner.
(b)
(1)
With the consent of the governor, the commissioner has the power to appoint a deputy commissioner and one (1) assistant commissioner for each division within the department who shall serve at the will of the commissioner.
(2)
The deputy commissioner and assistant commissioners shall be persons of good character and have a minimum of three (3) years experience in the theory and practice of banking, or in the function and operation of credit unions in the case of the assistant commissioner for the credit union division, or in the function and operation of a financial institution in the case of the assistant commissioner for the compliance division, all of which must have been in a full-time management or regulatory capacity. For the purpose of this subsection (b), "financial institution" means any institution subject to the commissioner's jurisdiction and includes similar entities regulated by any other state or federal regulatory agency.
(3)
If the office of the commissioner is vacant, or if the commissioner is absent and unable to act, the governor may designate the deputy commissioner to be acting commissioner. If both the office of the commissioner and the office of the deputy commissioner are vacant or both are unable to act, the governor may designate one (1) of the assistant commissioners as acting commissioner.
Acts 1913, ch. 20, § 1; Shan., § 3273a14; Code 1932, § 5940; T.C.A. (orig. ed.), § 45-102; Acts 1973, ch. 294, §§ 10, 13; modified; T.C.A., §§ 45-106, 45-125; Acts 1983, ch. 274, § 4; 1993, ch. 22, §§ 2, 3; 2004, ch. 747, § 17.
2023 Tennessee Code › Title 45 - BANKS AND FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-20-111) › Chapter 1 - DEPARTMENT OF FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-1-209) › Part 1 - DEPARTMENT OF FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-1-130) › Section 45-1-106 - Salary of commissioner

The commissioner shall receive an annual salary as provided in §
8-23-101
, to be paid monthly in the same manner as the salaries of other state officers are paid.
Acts 1913, ch. 20, § 1; Shan., § 3273a16; Acts 1927, ch. 30, § 7; Code 1932, § 5941; Acts 1949, ch. 38, § 1; C. Supp. 1950, § 5941; impl. am. Acts 1955, ch. 193, § 1; impl. am. Acts 1961, ch. 183, § 1; impl. am. Acts 1963, ch. 261, § 1; impl. am. Acts 1965, ch. 252, § 1; impl. am. Acts 1972, ch. 526, § 6; Acts 1973, ch. 294, § 6; T.C.A., § 45-107.
2023 Tennessee Code › Title 45 - BANKS AND FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-20-111) › Chapter 1 - DEPARTMENT OF FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-1-209) › Part 1 - DEPARTMENT OF FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-1-130) › Section 45-1-108 - Review of commissioner's orders - Enforcement

(a)
A person who is aggrieved by an order of the commissioner issued pursuant to §
45-1-107
is entitled to judicial review as provided in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. A person who is aggrieved and directly affected by an order of the commissioner issued pursuant to other provisions of this title may seek judicial review as provided in title 27, chapter 9, except that judicial review of orders issued pursuant to chapter 5 of this title shall be governed by the Uniform Administrative Procedures Act.
(b)
In the event a person does not comply with an order issued pursuant to §
45-1-107
, the commissioner may petition a chancery court having jurisdiction to seek injunctive relief to compel compliance with the order. The power is conferred and the duty is imposed upon the several chancery courts, in all proper cases, to award injunctive relief; provided, that the order issued by the commissioner shall not be reviewable in a proceeding initiated under this subsection (b).
(c)
In lieu of the procedure set forth in subsection (b), the commissioner may assess a civil penalty of not more than five hundred dollars ($500) per day against any bank or other person who violates an order issued pursuant to §
45-1-107
for each day during which the violation has occurred and continues. The maximum aggregate civil penalty assessed against a bank and any other person participating in the violation, however, shall not exceed five hundred dollars ($500) per day for each proceeding. In determining the amount of the penalty, the commissioner shall consider the appropriateness of the penalty with respect to the size of the financial resources and good faith of the person charged, the gravity of the violation, and other matters that justice may require. The person shall be afforded an opportunity for hearing upon request made within ten (10) days of the issuance of the notice of assessment. The commissioner's decision after a hearing or otherwise shall constitute a final order and may be reviewed in accordance with subsection (a); provided, that the original order shall not be reviewable in a proceeding initiated under this subsection (c).
Acts 1973, ch. 294, § 18; T.C.A., § 45-126; Acts 1981, ch. 24, § 1; 1983, ch. 274, § 5.
2023 Tennessee Code › Title 45 - BANKS AND FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-20-111) › Chapter 1 - DEPARTMENT OF FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-1-209) › Part 1 - DEPARTMENT OF FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-1-130) › Section 45-1-109 - Oaths of office

(a)
The commissioner shall, within fifteen (15) days from the time of notice of the appointment, take and subscribe to the constitutional oath of office.
(b)
In addition, the commissioner, examiners and other employees, before entering upon discharge of their duties, shall take and subscribe to an oath to faithfully and impartially perform the duties of their respective offices and to keep secret all information acquired by them in the discharge of their duties except as may be otherwise required by this chapter and chapter 2 of this title or otherwise by law. Willful violation of this oath is declared to be a criminal offense.
(c)
The oath of the commissioner shall be filed with the secretary of state. The oaths of other employees of the department shall be filed with the commissioner.
Acts 1969, ch. 36, § 1 (2.104); 1973, ch. 294, § 14; T.C.A., § 45-109; Acts 1993, ch. 22, §§ 4-6.
2023 Tennessee Code › Title 45 - BANKS AND FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-20-111) › Chapter 1 - DEPARTMENT OF FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-1-209) › Part 1 - DEPARTMENT OF FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-1-130) › Section 45-1-111 - Limitation of personal liability

Neither the commissioner nor any other employee of the department shall be liable in any civil action for damages for any act done or omitted in good faith in performing the duties of the person's office.
Acts 1969, ch. 36, § 1 (2.106); 1973, ch. 294, § 6; T.C.A., § 45-111.
2023 Tennessee Code › Title 45 - BANKS AND FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-20-111) › Chapter 1 - DEPARTMENT OF FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-1-209) › Part 1 - DEPARTMENT OF FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-1-130) › Section 45-1-112 - Official seal

The secretary of state shall provide the commissioner with an official seal. Every paper executed by the commissioner, in pursuance of any authority conferred on the commissioner by law and sealed with the official seal, shall be received in evidence, and may be recorded in any proper recording office in this state, in the same manner and with the same effect as a deed regularly acknowledged or proven.
Acts 1969, ch. 36, § 1 (2.107); 1973, ch. 294, § 6; T.C.A., § 45-112.
2023 Tennessee Code › Title 45 - BANKS AND FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-20-111) › Chapter 1 - DEPARTMENT OF FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-1-209) › Part 1 - DEPARTMENT OF FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-1-130) › Section 45-1-113 - Office facilities

The governor shall assign to the commissioner a suitable room or rooms for conducting the business of the department, and this department shall be furnished with the necessary furniture, stationery, lights, and other proper conveniences and clerical assistants in the same manner as is furnished to other state departments.
Acts 1969, ch. 36, § 1 (2.108); 1973, ch. 294, § 6; T.C.A., § 45-113.
2023 Tennessee Code › Title 45 - BANKS AND FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-20-111) › Chapter 1 - DEPARTMENT OF FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-1-209) › Part 1 - DEPARTMENT OF FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-1-130) › Section 45-1-114 - Removal of commissioner from office - Causes - Procedure

The commissioner may be removed from office for neglect of duty, malfeasance, misfeasance, extortion or corruption in office, incompetency, or intemperance in the use of intoxicating liquors or narcotics to such an extent, in view of the dignity of the office and the importance of its duties, as to render the commissioner unfit for the discharge of the duties, or for any offense involving moral turpitude while in office committed under color of or connected with the office.
Acts 1913, ch. 20, § 1; Shan., § 3273a18; Code 1932, § 5943; T.C.A. (orig. ed.), § 45-108; Acts 1973, ch. 249, §§ 6, 15; T.C.A., § 45-114.
2023 Tennessee Code › Title 45 - BANKS AND FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-20-111) › Chapter 1 - DEPARTMENT OF FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-1-209) › Part 1 - DEPARTMENT OF FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-1-130) › Section 45-1-115 - Divisions within department - Classification and salaries of department positions

(a)
(1)
There are created within the department the following divisions:
(A)
The bank examination division;
(B)
The bank charter and branch application division;
(C)
The credit union division;
(D)
The administrative and support services division; and
(E)
The industrial loan and thrift companies division.
(2)
The commissioner is authorized, with the consent of the governor, to combine, consolidate or abolish any of these divisions, or to create new divisions that are necessary to carry out the duties imposed upon the commissioner and the department.
(b)
All positions in the department, with the exception of the commissioner, shall be classified by the commissioner according to the nature of the duties to be performed and the minimum qualifications for appointment, subject to §
45-1-105(b)
and this section. The commissioner, having regard for the nature of the services to be performed and the salaries paid for similar work elsewhere, shall establish a salary range for each class of positions and within the salary range shall provide for recognition of professionalism and efficiency of service and for length of service.
Acts 1973, ch. 294, § 13; T.C.A., § 45-125; Acts 1983, ch. 274, § 6.
2023 Tennessee Code › Title 45 - BANKS AND FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-20-111) › Chapter 1 - DEPARTMENT OF FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-1-209) › Part 1 - DEPARTMENT OF FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-1-130) › Section 45-1-116 - Examiners - Employment and duties

The commissioner may, from time to time, if necessary, employ examiners to aid the commissioner in the discharge of official duties, and the examiners shall perform the duties the commissioner assigns them.
Acts 1969, ch. 36, § 1 (2.102); 1973, ch. 294, § 6; T.C.A., § 45-115.
2023 Tennessee Code › Title 45 - BANKS AND FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-20-111) › Chapter 1 - DEPARTMENT OF FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-1-209) › Part 1 - DEPARTMENT OF FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-1-130) › Section 45-1-119 - Annual report

(a)
The commissioner shall report to the governor annually within sixty (60) days after the end of each calendar year. The report shall include:
(1)
The text of all rules of the department of general application adopted or altered since the commissioner's last previous report;
(2)
Recommendations for legislation;
(3)
A statement of the status and remaining assets and liabilities of all banking organizations in the possession of the commissioner;
(4)
A summary of all changes occurring since the commissioner's last previous report by reason of opening new state banks, mergers and conversions, increases and decreases in capital and the like; and
(5)
A combined statement of condition of all state banks as of the date of the most recent reports of condition rendered to the commissioner, and reference to the availability in the commissioner's office of the statements of condition of each state bank, as of the date of the most recent reports to the commissioner.
(b)
Copies of the last annual report not previously so submitted shall be available to the general assembly at the opening of each regular session.
(c)
The annual report of the commissioner may be published on the order of the governor, if the governor deems the report to be of sufficient importance to the public.
Acts 1969, ch. 36, § 1 (2.111); 1973, ch. 294, § 6; T.C.A., § 45-118; Acts 2003, ch. 253, § 1.
2023 Tennessee Code › Title 45 - BANKS AND FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-20-111) › Chapter 1 - DEPARTMENT OF FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-1-209) › Part 1 - DEPARTMENT OF FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-1-130) › Section 45-1-120 - Records of department

(a)
No information from the records of the department shall be revealed without the consent of the commissioner.
(b)
Reports of examinations made by the department shall be retained for five (5) years.
(c)
A copy of any document on file with the department that is certified by the commissioner as being a true copy may be introduced in evidence as if it were the original. The commissioner shall establish a schedule of fees for copies of documents.
Acts 1969, ch. 36, § 1 (2.112); 1973, ch. 294, §§ 6, 17; T.C.A., § 45-119; Acts 1993, ch. 22, § 7.
2023 Tennessee Code › Title 45 - BANKS AND FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-20-111) › Chapter 1 - DEPARTMENT OF FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-1-209) › Part 1 - DEPARTMENT OF FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-1-130) › Section 45-1-121 - Traveling expenses

The necessary traveling expenses in the discharge of the duties of the commissioner and examiners employed by the commissioner shall be audited by the commissioner of finance and administration and shall be paid monthly by warrants drawn by the commissioner of finance and administration on the state treasurer in favor of the commissioner of financial institutions.
Acts 1969, ch. 36, § 1 (2.113); 1973, ch. 294, § 6; T.C.A., § 45-120.
2023 Tennessee Code › Title 45 - BANKS AND FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-20-111) › Chapter 1 - DEPARTMENT OF FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-1-209) › Part 1 - DEPARTMENT OF FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-1-130) › Section 45-1-122 - Suits to vacate and annul bank charters

In addition to other remedies provided in this chapter and chapter 2 of this title, the commissioner of financial institutions, in the name of the state, is authorized to institute a quo warranto, or other appropriate proceedings, to vacate and annul the charter of any bank where the bank has done or permitted such act or acts as under the law authorized a vacation of its charter, and no suit shall be instituted by any person to vacate the charter of any bank except by the commissioner.
Acts 1969, ch. 36, § 1 (2.114); 1973, ch. 294, § 6; T.C.A., § 45-121.
2023 Tennessee Code › Title 45 - BANKS AND FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-20-111) › Chapter 1 - DEPARTMENT OF FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-1-209) › Part 1 - DEPARTMENT OF FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-1-130) › Section 45-1-123 - Legal counsel for commissioner

(a)
The district attorneys general in each county, when requested by the commissioner, shall, as a part of their official duty and without compensation, represent the commissioner in any suit that the commissioner may desire to bring, or that may be brought against the commissioner, in the commissioner's official capacity, in their respective counties.
(b)
The attorney general and reporter shall advise the commissioner on any question of law submitted to the attorney general and reporter by the commissioner, respecting the commissioner's authority and duties under the law.
Acts 1969, ch. 36, § 1 (2.115); 1973, ch. 294, § 6; modified; T.C.A., § 45-122.
2023 Tennessee Code › Title 45 - BANKS AND FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-20-111) › Chapter 1 - DEPARTMENT OF FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-1-209) › Part 1 - DEPARTMENT OF FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-1-130) › Section 45-1-125 - Liability of director or officer of financial institution in receivership or reorganization

A director or officer, including a former director or officer of a financial institution, shall not be liable to the financial institution in receivership or reorganization or to the receiver, shareholders, depositors or creditors of the closed financial institution for money damages for breach of fiduciary duty, unless the claim or action arises out of the breach of the director's duty of loyalty to the financial institution or for acts or omissions not in good faith or that involved intentional misconduct or knowing violation of the law by the director or officer during the director's or officer's term of office with the financial institution. For purposes of this section, "financial institution" means a bank organized under the laws of this state, a national bank with its principal office in this state, a savings and loan association or savings bank organized under the laws of this state, or a federal savings and loan association or federal savings bank with its principal office in this state. This section shall apply both retrospectively and prospectively.
Acts 1994, ch. 551, § 3.
2023 Tennessee Code › Title 45 - BANKS AND FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-20-111) › Chapter 1 - DEPARTMENT OF FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-1-209) › Part 1 - DEPARTMENT OF FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-1-130) › Section 45-1-126 - Compliance review documents - Confidentiality

(a)
As used in this section, unless the context otherwise requires:
(1)
"Compliance review committee" means:
(A)
(i)
An audit, loan review or compliance committee appointed by the board of directors of a depository institution; or
(ii)
Any other person to the extent the person acts in an investigatory capacity at the direction of a compliance review committee; and
(B)
Whose functions are to evaluate and seek to improve:
(i)
Loan underwriting standards;
(ii)
Asset quality;
(iii)
Financial reporting to federal or state regulatory agencies; or
(iv)
Compliance with federal or state statutory or regulatory requirements;
(2)
"Compliance review documents" means documents prepared for or created by a compliance review committee;
(3)
"Depository institution" means a state bank, national bank, state or federal savings and loan association, or a state or federal savings bank located in this state that is authorized to maintain deposit or share accounts;
(4)
"Loan review committee" means a person or group of persons who, on behalf of a depository institution, reviews loans held by the institution for the purpose of assessing the credit quality of the loans, compliance with the institution's loan policies, and compliance with applicable laws and regulations; and
(5)
"Person" means an individual, group of individuals, board, committee, partnership, firm, association, corporation or other entity.
(b)
Except as provided in subsection (c):
(1)
Compliance review documents are confidential and are not discoverable or admissible in evidence in any civil action arising out of matters evaluated by the compliance review committee; and
(2)
Compliance review documents delivered to a federal or state governmental agency remain confidential and are not discoverable or admissible in evidence in any civil action arising out of matters evaluated by the compliance review committee.
(c)
Subsection (b) does not apply to any information required by statute or regulation to be maintained by or provided to a governmental agency while the information is in the possession of the governmental agency to the extent applicable law expressly authorizes its disclosure.
Acts 1994, ch. 551, § 18.
2023 Tennessee Code › Title 45 - BANKS AND FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-20-111) › Chapter 1 - DEPARTMENT OF FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-1-209) › Part 1 - DEPARTMENT OF FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-1-130) › Section 45-1-127 - Fiduciary responsibilities or liabilities of financial institutions, officers or employees

(a)
No financial institution or officer or employee thereof shall be deemed or implied to be acting as fiduciary or have a fiduciary obligation or responsibility to its customers or to other parties, other than shareholders of the institution, unless there is a written agency or trust agreement under which the financial institution specifically agrees to act and perform in the capacity of a fiduciary. The fiduciary responsibility and liability of a financial institution or any officer or employee of a financial institution shall be limited solely to performance under the contract and shall not extend beyond the scope of the contract. Any claim for a breach of a fiduciary responsibility of a financial institution or any officer or employee thereof may only be asserted within the time provided in §
48-18-601
.
(b)
For purposes of this section, "financial institution" means a state or national bank, a savings and loan association, savings bank, industrial loan and thrift company, or mortgage lender.
(c)
(1)
It is the legislative intent that this section is not intended to restrict, alter, or modify a court's application of the equitable doctrines of resulting or constructive trusts.
(2)
It is the further legislative intent that this section shall be applied only to transactions or relationships that are entered into after May 10, 1994; provided, that any transaction or relationship that may have existed prior to May 10, 1994, may be ratified, altered, or amended by meeting the requirements of this section.
Acts 1994, ch. 955, § 1.
2023 Tennessee Code › Title 45 - BANKS AND FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-20-111) › Chapter 1 - DEPARTMENT OF FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-1-209) › Part 1 - DEPARTMENT OF FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-1-130) › Section 45-1-129 - Electronic applications

All applications required to be submitted to the commissioner under chapters 2, 3 and 14 of this title or any regulations promulgated under these chapters, may be submitted by electronic communications, including, but not limited to, facsimile transmissions and electronic mail. Applications submitted in this manner shall be deemed complete for purposes of processing as of the date the electronic submission is received by the commissioner, as long as any filing fees or original documents required to be submitted with the application are received by the commissioner within three (3) business days of the electronic communication. If the application is incomplete, the commissioner may request additional information and the time for processing shall date from the receipt of the information.
Acts 1996, ch. 768, § 4.