reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 11 - STATE EMPLOYEE LEGACY PENSION STABILIZATION RESERVE TRUST (§§ 9-4-1101 — 9-4-1106) › Section 9-4-1103 - Chair of trustees

The comptroller of the treasury shall serve as the chair of the trustees and shall preside over all meetings and proceedings of the trustees.
Added by 2017 Tenn. Acts, ch. 374,s 7, eff. 5/11/2017.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 11 - STATE EMPLOYEE LEGACY PENSION STABILIZATION RESERVE TRUST (§§ 9-4-1101 — 9-4-1106) › Section 9-4-1104 - Investment policy - Charge for administrative and investment expenses

(a)
The trustees shall adopt an investment policy authorizing how assets in the trust may be invested. The policy shall not authorize assets in the trust to be invested in any instrument, obligation, security, or property that would not constitute a legal investment for assets of the Tennessee consolidated retirement system. The state treasurer shall be responsible for the investment and reinvestment of trust funds in accordance with the policies and guidelines established by the trustees.
(b)
The funds transferred or deposited into the trust may be commingled with, co-invested with, and invested or reinvested with other assets transferred or deposited into the trust. All or a portion of the trust may be invested, reinvested, and co-invested with other funds, not a part of the trust, which are held by the state treasurer, including, but not limited to, assets of the Tennessee consolidated retirement system and the state pooled investment fund established pursuant to part 6 of this chapter. The assets of the trust may also be co-invested in a group trust in accordance with §
8-37-104(f)
.
(c)
The state treasurer shall assess a charge to the trust, in an amount to be determined by the treasurer, to meet the administrative and investment expenses of the treasury department in providing services under this part.
Amended by 2018 Tenn. Acts, ch. 590,s 5, eff. 3/22/2018.
Added by 2017 Tenn. Acts, ch. 374,s 7, eff. 5/11/2017.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 11 - STATE EMPLOYEE LEGACY PENSION STABILIZATION RESERVE TRUST (§§ 9-4-1101 — 9-4-1106) › Section 9-4-1105 - Purpose of trust fund - Certification of amount needed to fund increase in employer contribution rate - Use of assets

(a)
As provided in this section, the purpose of the state employee legacy pension stabilization reserve trust fund is to protect state employee members of the legacy plan from a reduction or erosion of funds in the legacy plan that are necessary to pay benefits provided by the plan. If in any given year, the actuarially determined employer contribution rate for state employees exceeds the actuarially determined employer contribution rate for state employees as of fiscal year 2018, the board of trustees of the Tennessee consolidated retirement system may certify to the trustees of the trust the amount necessary to fund the increase in the employer contribution rate for that year. Upon receipt of the certification, the trustees of the trust shall determine whether transferring all or a portion of the requested amount from the state employee legacy pension stabilization reserve trust fund would be in the best interests of the trust beneficiaries. If it is, the trustees shall direct the treasurer to transfer such amount as the trustees shall determine from the state employee legacy pension stabilization reserve trust fund to the state accumulation fund of the legacy plan.
(b)
The assets of the state employee legacy pension stabilization reserve trust fund shall be used exclusively for the purpose set forth in this section and to pay the reasonable expenses incurred in administering and investing the trust assets.
Added by 2017 Tenn. Acts, ch. 374,s 7, eff. 5/11/2017.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 11 - STATE EMPLOYEE LEGACY PENSION STABILIZATION RESERVE TRUST (§§ 9-4-1101 — 9-4-1106) › Section 9-4-1106 - Annual financial reports

The trustees shall prepare annual financial reports following the close of each fiscal year relative to the activities of the trust. The annual reports, all books, accounts, and financial records of the trust shall be subject to audit by the comptroller of the treasury.
Added by 2017 Tenn. Acts, ch. 374,s 7, eff. 5/11/2017.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 12 - TEACHER LEGACY PENSION STABILIZATION RESERVE TRUST (§§ 9-4-1201 — 9-4-1206) › Section 9-4-1201 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Legacy pension plan" means the Tennessee consolidated retirement system that is established in title 8, chapters 34-37, excluding the Hybrid Retirement Plan for State Employees and Teachers, compiled in title 8, chapter 36, part 9;
(2)
"Teacher" has the meaning set forth in §
8-34-101(49)(B)
, but does not include any person employed by a public institution of higher education; and
(3)
"Trustees" means the five (5) trustees designated in §
9-4-1002
.
Added by 2017 Tenn. Acts, ch. 374,s 8, eff. 5/11/2017.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 12 - TEACHER LEGACY PENSION STABILIZATION RESERVE TRUST (§§ 9-4-1201 — 9-4-1206) › Section 9-4-1202 - Teacher legacy pension stabilization reserve trust fund

The teacher legacy pension stabilization reserve trust is created. The teacher legacy pension stabilization reserve trust fund shall be established and funded through a mechanism and methodology as shall be determined in the future by the commissioner of finance and administration and the state treasurer. The trust and the funds therein shall be administered by the department of the treasury. The trust fund shall be an irrevocable trust exclusively for the benefit of teachers who are members of the legacy plan. The assets of the trust fund shall be preserved, invested, and expended solely pursuant to and for the purposes of this part and shall not be loaned or otherwise transferred or used for any other purpose. It shall be impossible, at any time prior to the satisfaction of all liabilities with respect to teachers and their beneficiaries under the legacy pension plan and this trust, for any part of the corpus or income of the trust to be used or diverted for purposes other than for the exclusive benefit of the teachers or their beneficiaries. The attorney general and reporter shall approve the terms of the trust instrument.
Amended by 2018 Tenn. Acts, ch. 590,s 6, eff. 3/22/2018.
Added by 2017 Tenn. Acts, ch. 374,s 8, eff. 5/11/2017.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 12 - TEACHER LEGACY PENSION STABILIZATION RESERVE TRUST (§§ 9-4-1201 — 9-4-1206) › Section 9-4-1203 - Chair of trustees

The comptroller of the treasury shall serve as the chair of the trustees and shall preside over all meetings and proceedings of the trustees.
Added by 2017 Tenn. Acts, ch. 374,s 8, eff. 5/11/2017.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 12 - TEACHER LEGACY PENSION STABILIZATION RESERVE TRUST (§§ 9-4-1201 — 9-4-1206) › Section 9-4-1204 - Investment policy - Charge for administrative and investment expenses

(a)
The trustees shall adopt an investment policy authorizing how assets in the trust may be invested. The policy shall not authorize assets in the trust to be invested in any instrument, obligation, security, or property that would not constitute a legal investment for assets of the Tennessee consolidated retirement system. The state treasurer shall be responsible for the investment and reinvestment of trust funds in accordance with the policies and guidelines established by the trustees.
(b)
The funds transferred or deposited into the trust may be commingled with, co-invested with, and invested or reinvested with other assets transferred or deposited into the trust. All or a portion of the trust may be invested, reinvested, and co-invested with other funds, not a part of the trust, which are held by the state treasurer, including, but not limited to, assets of the Tennessee consolidated retirement system and the state pooled investment fund established pursuant to part 6 of this chapter. The assets of the trust may also be co-invested in a group trust in accordance with §
8-37-104(f)
.
(c)
The state treasurer shall assess a charge to the trust, in an amount to be determined by the treasurer, to meet the administrative and investment expenses of the treasury department in providing services under this part.
Amended by 2018 Tenn. Acts, ch. 590,s 7, eff. 3/22/2018.
Added by 2017 Tenn. Acts, ch. 374,s 8, eff. 5/11/2017.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 12 - TEACHER LEGACY PENSION STABILIZATION RESERVE TRUST (§§ 9-4-1201 — 9-4-1206) › Section 9-4-1205 - Purpose of trust fund - Certification of amount needed to fund increase in employer contribution rate - Use of assets

(a)
As provided in this section, the purpose of the teacher legacy pension stabilization reserve trust fund is to protect teacher members of the legacy plan from a reduction or erosion of funds in the legacy plan that are necessary to pay benefits provided by the plan. If in any given year, the actuarially determined employer contribution rate for teachers exceeds the actuarially determined employer contribution rate for teachers as of fiscal year 2018, the board of trustees of the Tennessee consolidated retirement system may certify to the trustees of the trust the amount necessary to fund the increase in the employer contribution rate for that year. Upon receipt of the certification, the trustees of the trust shall determine whether transferring all or a portion of the requested amount from the teacher legacy pension stabilization reserve trust fund would be in the best interests of the trust beneficiaries. If it is, the trustees shall direct the treasurer to transfer such amount as the trustees shall determine from the teacher legacy pension stabilization reserve trust fund to the state accumulation fund of the legacy plan.
(b)
The assets of the teacher legacy pension stabilization reserve trust fund shall be used exclusively for the purpose set forth in this section and to pay the reasonable expenses incurred in administering and investing the trust assets.
Added by 2017 Tenn. Acts, ch. 374,s 8, eff. 5/11/2017.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 12 - TEACHER LEGACY PENSION STABILIZATION RESERVE TRUST (§§ 9-4-1201 — 9-4-1206) › Section 9-4-1206 - Annual financial reports

The trustees shall prepare annual financial reports following the close of each fiscal year relative to the activities of the trust. The annual reports, all books, accounts, and financial records of the trust shall be subject to audit by the comptroller of the treasury.
Added by 2017 Tenn. Acts, ch. 374,s 8, eff. 5/11/2017.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 13 - OPIOID ABATEMENT FUND (§§ 9-4-1301 — 9-4-1305) › Section 9-4-1301 - Fund established

(a)
The opioid abatement fund is established and funded pursuant to this part.
(b)
The opioid abatement fund shall operate as an irrevocable trust that the state treasurer shall administer. Amounts in the opioid abatement fund shall not revert to the general fund of the state. The treasurer and attorney general and reporter shall approve the terms of the trust instrument. The terms of the trust instrument shall not be substantively amended except by unanimous approval of the trustees, the opioid abatement council established pursuant to §
33-11-103
, and the attorney general and reporter.
Added by 2021 Tenn. Acts, ch. 491, s 2, eff. 5/24/2021.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 13 - OPIOID ABATEMENT FUND (§§ 9-4-1301 — 9-4-1305) › Section 9-4-1302 - Expenditure of funds

(a)
Funds in the opioid abatement fund shall be spent only for the following purposes:
(1)
Prospective opioid abatement and remediation;
(2)
Expenses incurred in administering and operating the opioid abatement council;
(3)
Related expenses as provided in §
33-11-104(b)
; and
(4)
Expenses associated with administering, investing, and disbursing funds held in the opioid abatement fund.
(b)
Funds in the opioid abatement fund shall not be used to reimburse expenditures incurred prior to May 24, 2021. Funds from the opioid abatement fund shall not be used to pay litigation costs, expenses, or attorney fees arising from the enforcement of legal claims related to the opioid epidemic.
(c)
Any opioid abatement fund disbursements must be made at the direction of the opioid abatement council. Except to the extent required by law, the trustees of the opioid abatement fund shall not make or refuse to make any disbursement contrary to the direction of the opioid abatement council.
Added by 2021 Tenn. Acts, ch. 491, s 2, eff. 5/24/2021.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 13 - OPIOID ABATEMENT FUND (§§ 9-4-1301 — 9-4-1305) › Section 9-4-1303 - Trustees of fund

(a)
The trustees of the opioid abatement fund are:
(1)
The commissioner of finance and administration;
(2)
The state treasurer; and
(3)
The chair of the opioid abatement council.
(b)
The state treasurer shall serve as the chair of the trustees and shall preside over all meetings and proceedings of the trustees.
(c)
To the extent not prohibited by law, the trustees shall not act contrary to the direction of the opioid abatement council and shall uphold the decisions the council renders regarding disbursement of funds from the opioid abatement fund. The trustees have only a ministerial role and not a discretionary role in the distribution of funds, as directed by the opioid abatement council. The trustees have no duties concerning the opioid abatement fund other than those duties set forth in the opioid abatement fund's trust instrument and in this part.
Added by 2021 Tenn. Acts, ch. 491, s 2, eff. 5/24/2021.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 13 - OPIOID ABATEMENT FUND (§§ 9-4-1301 — 9-4-1305) › Section 9-4-1304 - Repository of funds received by the state pursuant to judgments on certain claims

The opioid abatement fund is the designated repository of funds that are either dedicated to opioid abatement or remediation or are otherwise directed to abatement or remediation and that are received by the state pursuant to a judgment on opioid-related claims, a recovery in bankruptcy on opioid-related claims, or a settlement of opioid-related claims. This section does not prevent the opioid abatement fund from also receiving funds from other sources if the funds will be dedicated to abatement.
Added by 2021 Tenn. Acts, ch. 491,s 2, eff. 5/24/2021.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 13 - OPIOID ABATEMENT FUND (§§ 9-4-1301 — 9-4-1305) › Section 9-4-1305 - Investment policy

(a)
The trustees shall adopt, in writing, an investment policy or policies authorizing how assets in the trust may be invested prior to investments being made.
(b)
Funds in the opioid abatement fund may be invested and reinvested for the benefit of the fund by the state treasurer pursuant to §
9-4-603
. The trustees shall delegate to the state treasurer the responsibility for the investment and reinvestment of trust funds in accordance with the policies and guidelines established by the trustees.
(c)
All or a portion of the trust may be invested, reinvested, and coinvested with other funds, not a part of the trust, which are held by the state treasurer, including, but not limited to, assets of the state pooled investment fund established pursuant to part 6 of this chapter. The state treasurer shall account for the trust funds in one (1) or more separate accounts in accordance with this part or other law.
Added by 2021 Tenn. Acts, ch. 491, s 2, eff. 5/24/2021.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 14 - STATE TREASURER MANAGEMENT AND INVESTMENT OF STATE FUNDS (§§ 9-4-1401 — 9-4-1404) › Section 9-4-1401 - Part definitions

As used in this part:
(1)
"Environmental, social, and governance interests" means interests that are not financial;
(2)
"Financial":
(A)
Means, with regard to a factor or reason, having been prudently determined to have a material effect on the financial risk or the financial return of an investment for a program based on the appropriate investment horizon consistent with the program's articulated funding and investment objectives for the exclusive benefit of the purposes of the program;
(B)
Includes, but is not limited to, data-based economic decisions and forecasting based on financial trends or themes; and
(C)
Does not include environmental, social, and governance interests that may not be material to the financial analysis of the investment; and
(3)
"Program" means any of the following which are established by law and for which the state treasurer has, or has been delegated, investment authority, oversight, and responsibility:
(A)
A trust fund;
(B)
An endowment fund;
(C)
Deferred or tax-sheltered compensation plan or plans, including profit sharing or salary reduction plans, established pursuant to title 8, chapter 25, parts 1, 2, and 3;
(D)
Programs under the Tennessee College Savings Trust Act, compiled in title 49, chapter 7, part 8; and
(E)
Programs under The Achieving a Better Life Experience (ABLE) Act, compiled in title 71, chapter 4, part 8.
Added by 2023 Tenn. Acts, ch. 471, s 1, eff. 5/17/2023.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 14 - STATE TREASURER MANAGEMENT AND INVESTMENT OF STATE FUNDS (§§ 9-4-1401 — 9-4-1404) › Section 9-4-1402 - Treasury investment division staff - Investment of program assets

Consistent with the prudent investor rule pursuant to §
35-14-103
, the standard of care pursuant to §
35-14-104
, and the exercise of reasonable care in delegation of investment and management functions pursuant to §
35-14-111
and §
8-37-112
, the department of treasury investment division staff, under the supervision of the state treasurer, shall invest, reinvest, manage, and select investment options for program assets for financial reasons for the exclusive benefit of the beneficiaries of the programs while maximizing long-term shareholder value.
Added by 2023 Tenn. Acts, ch. 471, s 1, eff. 5/17/2023.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 14 - STATE TREASURER MANAGEMENT AND INVESTMENT OF STATE FUNDS (§§ 9-4-1401 — 9-4-1404) › Section 9-4-1403 - State treasurer's voting rights authority - Limitations - Delegation

(a)
Notwithstanding another law or policy to the contrary, the state treasurer has the sole authority to exercise, in person or by proxy, all voting rights with respect to securities held by a program and to give general or special proxies or powers of attorney with or without power of substitution.
(b)
The authority conferred by subsection (a) must be exercised for financial reasons, impartially and solely in the interests of the beneficiaries of the program as determined from the purposes, terms, distribution requirements, and other circumstances of the program, and the terms of the respective program's investment and proxy voting policies or guidelines.
(c)
The state treasurer may delegate the authority conferred by subsection (a), in whole or in part, to the department of treasury staff, which authority includes, but is not limited to, conducting research, providing due diligence, and casting votes.
Added by 2023 Tenn. Acts, ch. 471, s 1, eff. 5/17/2023.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 14 - STATE TREASURER MANAGEMENT AND INVESTMENT OF STATE FUNDS (§§ 9-4-1401 — 9-4-1404) › Section 9-4-1404 - Authority of the state treasurer

(a)
The state treasurer has final authority over an investment or proxy voting decision for a program.
(b)
The state treasurer may make and enter into contracts, agreements, and other instruments with an individual or entity to effectuate this part, including, but not limited to, advisors, research providers, consultants, and other contractors, who must be compensated as the state treasurer may deem just.
(c)
Notwithstanding another law to the contrary, in cases where the interest of the state treasurer requires additional legal counsel to effectuate this part and to advise on issues concerning the state treasurer's fiduciary obligations and responsibilities, the state treasurer, with the approval of the attorney general and reporter, may contract with additional counsel, who must be paid such compensation for services as the treasurer may deem just.
Added by 2023 Tenn. Acts, ch. 471, s 1, eff. 5/17/2023.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 51 - STATE BUDGET AND APPROPRIATIONS (§§ 9-4-5101 — 9-4-5119) › Section 9-4-5101 - Items set forth in budget

(a)
The budget of the state government shall present a complete financial plan for the ensuing fiscal year, which plan shall set forth all proposed expenditures for the administration, operation, and maintenance of the several departments, institutions, offices and agencies of the state government, the interest and debt redemption charges during the fiscal year.
(b)
The budget shall also present proposals for capital projects to be undertaken or completed during the ensuing year, and the means of financing such projects.
(c)
In addition thereto, the budget shall set forth the anticipated revenues of the state government and any other means of financing the expenditures proposed for the ensuing fiscal year.
Amended by 2013 Tenn. Acts, ch. 243,s 3, eff. 4/19/2013.
Acts 1937, ch. 33, § 17; C. Supp. 1950, § 255.17; Acts 1969, ch. 12, § 1; 1970, ch. 434, § 1; T.C.A. (orig. ed.), § 9-601; T.C.A., § 9-6-101; Acts 2002, ch. 510, § 1.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 51 - STATE BUDGET AND APPROPRIATIONS (§§ 9-4-5101 — 9-4-5119) › Section 9-4-5102 - Performance-based program budgeting

It is the intent of the general assembly that, to the extent practicable, the budget of the state government shall be prepared using performance data and other relevant program measures. The goals for such budget shall include:
(1)
For each budget unit, detailed statements identifying all substantial aspects of agency operations, priorities, and activities, to specifically include:
(A)
A description of the objective or objectives of each program;
(B)
A description of the activity or activities which are intended to accomplish each objective;
(C)
Indicators of quantity and quality of performance of these activities; and
(D)
The level of effort required to accomplish each activity in terms of funds and personnel; and
(2)
A summary statement incorporating the information in subdivision (1) for the current and one (1) prior fiscal year for each budget unit and detailed statements of the sources of funding for all fiscal years presented.
Amended by 2013 Tenn. Acts, ch. 243,s 4, eff. 4/19/2013.
Acts 1977, ch. 457, § 1; T.C.A., § 9-616; Acts 1984, ch. 771, § 1; T.C.A. § 9-6-102; Acts 2002, ch. 875, § 6.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 51 - STATE BUDGET AND APPROPRIATIONS (§§ 9-4-5101 — 9-4-5119) › Section 9-4-5103 - Estimates by departments - Classification of expenditures

(a)
On or before December 1 of each year, all departments, offices, and agencies of the state government shall prepare on blanks furnished to them by the commissioner of finance and administration, and submit to such officer, estimates of their expenditure requirements for the next fiscal year compared with the corresponding figures of the last completed fiscal year and estimated figures for the current fiscal year. The expenditure estimates shall be classified to set forth the data by funds, organization units, character and objects of expenditure; the organization units may be subclassified by function and activities, or in any other manner at the discretion of the commissioner.
(b)
Any state agency subject to part 56 of this chapter shall include with its budget request the performance measures and standards required by §
9-4-5606
.
Amended by 2013 Tenn. Acts, ch. 243,s 5, eff. 4/19/2013.
Acts 1937, ch. 33, § 19; C. Supp. 1950, § 255.19; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; Acts 1969, ch. 12, §§ 2, 3; T.C.A. (orig. ed.), § 9-602; T.C.A. § 9-6-103; Acts 2002, ch. 875, § 3.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 51 - STATE BUDGET AND APPROPRIATIONS (§§ 9-4-5101 — 9-4-5119) › Section 9-4-5104 - Revenue estimates

On or before January 1 of each year, the commissioner of finance and administration shall prepare revenue estimates for the current fiscal year and for the next fiscal year for inclusion in the budget. The revenue estimates shall be classified so as to show the receipts by funds, organization units, and sources of income.
Acts 1937, ch. 33, § 19; C. Supp. 1950, § 255.19; modified; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; Acts 1969, ch. 12, § 4; T.C.A. (orig. ed.), § 9-603; T.C.A. § 9-6-104.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 51 - STATE BUDGET AND APPROPRIATIONS (§§ 9-4-5101 — 9-4-5119) › Section 9-4-5105 - Review of estimates - Transmittal of budget document - Governor's power to amend the budget not restricted or prohibited

(a)
The governor, with the assistance of the commissioner of finance and administration, shall review the estimates, altering, revising, increasing, or decreasing the items of the estimates as the governor may deem necessary in view of the needs of the various spending agencies and the total anticipated revenues of the state government during the ensuing fiscal year.
(b)
The commissioner, at the instance of the governor, shall then prepare a budget document in the form required by this chapter, and the governor shall transmit such document in printed form to the general assembly prior to February 1, each year unless the general assembly, by joint resolution, authorizes transmittal by a later date; provided, that a governor in the first year of such governor's term in office is required to transmit such budget document in printed form to the general assembly prior to March 1 of that year, unless the general assembly, by joint resolution, authorizes transmittal by a later date.
(c)
Nothing contained in §
16-3-803
(
l
) or any other law shall be construed to restrict or prohibit the governor's authority to revise the budget, submitted pursuant to §§
16-3-803
(
l
) and 9-4-5103, for maintenance and operation of the state court system, and such budget or revised budget shall be included within the budget document required by this section.
Acts 1937, ch. 33, § 20; 1945, ch. 10, § 1; C. Supp. 1950, § 255.20; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; Acts 1969, ch. 12, §§ 5, 6; 1975, ch. 27, § 1; 1979, ch. 218, § 1; T.C.A. (orig. ed.), § 9-604; Acts 1992, ch. 896, § 2; T.C.A. § 9-6-105.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 51 - STATE BUDGET AND APPROPRIATIONS (§§ 9-4-5101 — 9-4-5119) › Section 9-4-5107 - Direct and continuing appropriations

(a)
By authorizing the issuance of debt that is not a liability of the state and the payment of debt service thereon by the state school bond authority in title 49, by the local development authority in title 4, by the housing development agency in title 13, and by the state veterans' homes board in title 58, the general assembly intends that such authorizations constitute:
(1)
With respect to each debt issuer listed above, a direct and continuing appropriation to that debt issuer of its earnings, revenues or other assets for expenditures authorized by or pursuant to the respective enabling legislation and the authority to expend those funds in accordance with or pursuant to such legislation; and
(2)
With respect to any public higher education entity whose contracts or agreements with the state school bond authority support the payment of such debt issuer's debt service, a direct and continuing appropriation to that entity of its earnings, revenues or other assets pledged or governed by such contracts or agreements and the authority to expend those funds in accordance with or pursuant to the respective contracts or agreements.
(b)
Such funds are hereby appropriated on a direct and continuing basis to each debt issuer listed in subsection (a) and to each public higher education entity described in subsection (a) for such purposes.
(c)
For purposes of this section, the term "revenues" includes amounts allowable, without regard to any offset, to any such debt issuers from the federal government with respect to qualified bonds.
Acts 2001, ch. 264, § 2; 2010, ch. 1117, § 6.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 51 - STATE BUDGET AND APPROPRIATIONS (§§ 9-4-5101 — 9-4-5119) › Section 9-4-5108 - Form of appropriation bill - Capital projects - General legislation - Contents of title

(a)
(1)
The general appropriations bill, provided for in §
9-4-5106
, shall be drawn in such form as to authorize only lump sum appropriations to meet the expenditure needs of the various spending agencies of the state government for the next fiscal year.
(2)
For the expenses of operation and maintenance in each department, division, institution, office, or other agency, there shall be not more than two (2) appropriations, one (1) for personal services and one (1) for other expenses, which shall be allotted before becoming available for expenditure as provided in §§
9-4-5109
- 9-4-5113.
(b)
Appropriations for capital improvement and capital maintenance projects shall be specified by state agency in lump sums consistent with capital improvement and maintenance projects detailed in the budget document.
(c)
The appropriation bill shall not contain any provisions of general legislation.
(d)
The title of any bill making appropriations from the treasury shall include the phrase, "This act makes appropriations for (here insert the object)." The title shall also state whether the act shall be for a limited period of time or for an indefinite period. If it is for a limited period of time, the title shall state that time period.
(e)
Notwithstanding any other law to the contrary, the appropriations bill may specify incentives or disincentives relative to performance-based budgeting.
Acts 1937, ch. 33, § 21; C. Supp. 1950, § 255.21; Acts 1969, ch. 12, §§ 11, 12; 1977, ch. 393, § 1; T.C.A. (orig. ed.), § 9-606; T.C.A. § 9-6-108; Acts 2002, ch. 875, § 5; 2012, ch. 1026, § 7.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 51 - STATE BUDGET AND APPROPRIATIONS (§§ 9-4-5101 — 9-4-5119) › Section 9-4-5109 - Amendment of appropriation recommendations

The governor may amend or supplement the governor's recommendations as to the general appropriations bill while it is before the general assembly.
Acts 1937, ch. 33, § 23; C. Supp. 1950, § 255.23; T.C.A. (orig. ed.), § 9-607; T.C.A. § 9-6-109.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 51 - STATE BUDGET AND APPROPRIATIONS (§§ 9-4-5101 — 9-4-5119) › Section 9-4-5110 - Work program - Allotments

(a)
Not later than June 1 of each year, the governor shall require the head of each department, office, and agency of the state government to submit to the commissioner of finance and administration a work program for the ensuing fiscal year, such program to include all appropriations made by the general assembly to such department, office, or agency for its operation and maintenance and for capital projects, and to show the requested allotments of the appropriations by quarters for the entire fiscal year. The governor, with the assistance of the commissioner, shall review the requested allotments with respect to the work program of each department, office, or agency, and shall, if the governor deems it necessary, revise, alter, or change such allotments before approving them. The aggregate of such allotments shall not exceed the total appropriations made by the general assembly to the department, office, or agency for the fiscal year in question. The commissioner shall transmit a copy of the allotments as approved by the governor to the head of each department, office, or agency concerned. The commissioner shall thereupon authorize all expenditures to be made from the appropriations on the basis of such allotments and not otherwise.
(b)
Notwithstanding subsection (a), the speakers of the senate and the house of representatives or, by joint delegation, their director of legislative administration; the chief justice or, by delegation, the administrative director of the courts; the attorney general and reporter; the secretary of state; the comptroller of the treasury; and state treasurer are authorized to revise their respective budgets and personnel authorizations within the appropriations made in the appropriations act and to submit those revised summaries to the commissioner of finance and administration, who shall approve the work program of those agencies, if within the amounts appropriated.
Amended by 2013 Tenn. Acts, ch. 454,s 33, eff. 5/16/2013.
Acts 1937, ch. 33, § 22; C. Supp. 1950, § 255.22; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 9-608; T.C.A. § 9-6-110.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 51 - STATE BUDGET AND APPROPRIATIONS (§§ 9-4-5101 — 9-4-5119) › Section 9-4-5111 - Reserve allotment

(a)
In order to provide some degree of flexibility to meet emergencies arising during each fiscal year in the expenditures for operation and maintenance of the various departments, offices and agencies of state government, the commissioner of finance and administration, with the approval of the governor, may require the head of each department, office, or agency, in making the original allotments, to set aside a reserve, the exact amount of which shall be determined by the commissioner of finance and administration, of the total amount appropriated to the department, office, or agency.
(b)
At any time during the fiscal year, this reserve or any portion of it may be returned to the appropriation to which it belongs and may be added to any one (1) or more of the allotments; provided, that the commissioner deems such action necessary, and any unused portion thereof shall remain at the end of the fiscal year as an unexpended balance of appropriation. Any unexpended and unencumbered balance of allotments at the end of each quarter shall be credited to the reserve set up for the fiscal year.
(c)
During fiscal year 2020-2021, before requiring each head to set aside a reserve pursuant to subsection (a) or otherwise reserving allotments pursuant to this section, the commissioner of finance and administration shall submit written notice of the proposed reserve allotment to the speakers of the senate and the house of representatives and to the chairs of the finance, ways and means committees of the senate and house of representatives. No such allotments shall be reserved until the speakers and chairs have acknowledged in writing receipt of such written notice. When submitted, a copy of the notice shall be provided to the fiscal review committee executive director and the office of legislative budget analysis directors for information purposes. A proposed reserve allotment shall not be acknowledged by the chairs during a time that the general assembly is in regular, annual session until each finance, ways and means committee has held a hearing on the proposed allotment, or the committees have held a joint hearing.
Amended by 2020 Tenn. Acts, ch. 759, s 14, eff. 6/30/2020.
Acts 1937, ch. 33, § 22; C. Supp. 1950, § 255.22; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 9-609; T.C.A. § 9-6-111.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 51 - STATE BUDGET AND APPROPRIATIONS (§§ 9-4-5101 — 9-4-5119) › Section 9-4-5112 - Revision of work programs

(a)
The head of any department, office, or agency of the state government, whenever such head deems it necessary by reason of changed conditions, may revise the work program of such head's department, office, or agency at the beginning of any quarter during the fiscal year, and submit such revised program to the commissioner of finance and administration, with such head's request for a revision of the allotments of the remaining quarters of that fiscal year. If, upon such reexamination of the work program, the commissioner, with the approval of the governor, decides to grant the request for the revision of the allotments, the same procedure, so far as it relates to review, approval, and control, shall be followed as in the making of the original allotments.
(b)
Revisions to the work programs of the secretary of state, comptroller of the treasury, and state treasurer shall be approved by the commissioner of finance and administration if submitted in accordance with the appropriations act, if within the amounts appropriated, and if submitted with the concurrence of the speaker of the senate and the speaker of the house of representatives.
Amended by 2013 Tenn. Acts, ch. 454,s 34, eff. 5/16/2013.
Acts 1937, ch. 33, § 22; C. Supp. 1950, § 255.22; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 9-610; T.C.A. § 9-6-112.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 51 - STATE BUDGET AND APPROPRIATIONS (§§ 9-4-5101 — 9-4-5119) › Section 9-4-5113 - Certification of funds to meet obligations

(a)
No department or officer under such department shall enter into any contract, agreement, or obligation, involving the expenditure of money, unless the commissioner of finance and administration shall first certify that there is a balance in the appropriation from which such obligation is required to be paid, that is not otherwise encumbered to pay obligations previously incurred.
(b)
Subsection (a) shall not apply to the general assembly, state court system, attorney general and reporter, district attorneys general, district public defenders, office of the post-conviction defender, secretary of state, comptroller of the treasury, and the state treasurer; provided, however, that the chief administrative officer for each of these agencies shall ensure, before entering into any contract, agreement, or obligation involving the expenditure of money, that there is a balance in the appropriation from which such obligation is required to be paid that is not otherwise encumbered to pay obligations previously incurred.
(c)
All funds appropriated to the secretary of state, comptroller of the treasury, and state treasurer shall be administered in a ministerial capacity by the department of finance and administration in accordance with budgets and any revisions thereto of the respective entities for which such appropriations are made.
Amended by 2014 Tenn. Acts, ch. 917,s 3, eff. 5/13/2014.
Amended by 2013 Tenn. Acts, ch. 454,s 24, eff. 5/16/2013.
Acts 1923, ch. 7, § 17; Code 1932, § 279; C. Supp. 1950, § 255.22; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 9-611; T.C.A. § 9-6-113.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 51 - STATE BUDGET AND APPROPRIATIONS (§§ 9-4-5101 — 9-4-5119) › Section 9-4-5114 - Obligations after fiscal year prohibited - Allotments required

No appropriation shall confer authority to incur an obligation after the termination of the fiscal year to which it relates. No appropriation to any state department, institution, office, or agency, excepting the general assembly, shall become available for expenditure until allotted upon the basis of a work program, duly approved by the governor, as provided in §§
9-4-5110
- 9-4-5112.
Acts 1937, ch. 33, § 25; C. Supp. 1950, § 255.25; T.C.A. (orig. ed.), § 9-612; T.C.A. § 9-6-114.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 51 - STATE BUDGET AND APPROPRIATIONS (§§ 9-4-5101 — 9-4-5119) › Section 9-4-5115 - State funds received by local government unit not to be expended for costs of lawsuit against state in which local government unit is plaintiff

(a)
No state funds received by a local government unit shall be expended to pay attorney's fees, court costs, or other expenses attributable to a lawsuit filed against the state, a state agency, or a state official in which the local government unit is named as a plaintiff. If the state, agency, or official prevails in the lawsuit, then the department of finance and administration shall deduct from the local government unit's allocation of state-shared taxes, in the case of a city or county, or allocation of funds based on the Tennessee investment in student achievement formula (TISA), in the case of an LEA, such sum or part of such sum to recover attorney's fees, court costs, and other expenses attributable to defending the state in the lawsuit.
(b)
As used in this section, "local government unit" means a county, municipality, or local education agency (LEA) as defined in §
49-1-103
.
Amended by 2022 Tenn. Acts, ch. 966, s 96, eff. 7/1/2023.
Added by 2015 Tenn. Acts, ch. 425, s 4, eff. 5/15/2015.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 51 - STATE BUDGET AND APPROPRIATIONS (§§ 9-4-5101 — 9-4-5119) › Section 9-4-5116 - Abortion funding

No state funds shall be expended to perform abortions. The limitations established in this section shall not apply to an abortion if:
(1)
The pregnancy is the result of an act of rape or incest; or
(2)
In the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless the abortion is performed.
Acts 2003, ch. 355, § 67.
2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 51 - STATE BUDGET AND APPROPRIATIONS (§§ 9-4-5101 — 9-4-5119) › Section 9-4-5117 - Certification of board fees - Regulatory fees

(a)
Notwithstanding any law to the contrary, upon receiving from the commissioner of finance and administration the approved work program, as provided in §
9-4-5110
, for the department of commerce and insurance, division of regulatory boards, and department of health, division of health-related boards, the commissioners of those departments shall certify by October 31 to the commissioner of finance and administration and, as applicable, to the director of the division of regulatory boards, as defined in §
4-3-1304
, and to the director of the division of health-related boards, as defined in §
63-1-131
, the total amount of board fee revenue required by each board for the current fiscal year, based on the approved work program. The commissioners of commerce and insurance and of health shall include the direct costs allocated to each board for the then-current fiscal year and shall reduce the certified amount by the amount of any excess fees from the immediately preceding two-year period, it being the legislative intent that fees and expenditures should be equal over a two-year period for each board, as provided in §
4-29-121
. Such certification shall not preclude the retention of any board fee revenue estimated to be required for support of each board's operation for the then-current two-year period.
(b)
(1)
The fee established pursuant to the amounts certified as set forth in subsection (a) shall be designated as the board fee.
(2)
In addition to the board fee, each regulatory board shall also assess a state regulatory fee in such amount as is set each year in the general appropriations act. The state regulatory fee shall be in lieu of any allocation of indirect costs that would otherwise be allocated to such boards.
(c)
(1)
Within sixty (60) days after receiving the certification of the amount of fees required by each board, the director of the division of regulatory boards and the director of the division of health-related boards shall provide the commissioner of finance and administration with an official estimate of fees to be collected by each board for the fiscal year.
(2)
To the extent the estimate of fees for an individual board is less than the certified amount, the appropriation for that board shall be reduced in the amount of the deficiency, and the commissioner of finance and administration is directed to reduce the budget of the board accordingly.
(3)
The general assembly may supplement any board's appropriation from fee revenue by an appropriation of tax revenue by making a specific appropriation of such tax revenue in the general appropriations act.
Amended by 2013 Tenn. Acts, ch. 454,s 10-13.
Amended by 2012 Tenn. Acts, ch. 714, Secs.s 1 eff.