Chapter 1
General Provisions

Part 1
Sovereignty and Jurisdiction

4-1-101. Sovereignty coextensive with boundary.

The sovereignty and jurisdiction of the state is coextensive with the boundaries of the state, but the extent of such jurisdiction over places that have been or may be ceded to the United States is qualified by the terms of such cession.

Code 1858, § 70; Shan., § 82; Code 1932, § 96; T.C.A. (orig. ed.), § 4-101.

Cross-References. Acts ceding jurisdiction to federal government left unrepealed, § 1-2-105.

Jurisdiction of criminal offenses, title 40, ch. 1.

Residents of areas ceded to federal government entitled to vote, § 2-2-104.

Textbooks. Tennessee Jurisprudence, 22 Tenn. Juris., State, § 4.

NOTES TO DECISIONS

1. Classification of Property.

The state may impress upon movable property any character it may choose and no other state can impugn or vary that character. It may be impressed with the character of real estate and pass by inheritance as such under the laws of the state where located, although the owner may live and die in another state. Jones v. Marable, 25 Tenn. 116, 1845 Tenn. LEXIS 38 (1845); Fidelity & Deposit Co. v. Crenshaw, 120 Tenn. 606, 110 S.W. 1017, 1908 Tenn. LEXIS 47 (1908).

2. Property Ceded to Federal Government.

Where land is ceded to or purchased by the United States with the consent of the state legislature, under U.S. Const., art. 1, § 8, clause 17, the federal courts have jurisdiction of the prosecution for a crime committed thereon, to the exclusion of the state courts. But where the federal government is a proprietor by purchase without cession, the rule does not apply; and failure of such government to file map in office of county court clerk (now county clerk) to show the consent of the state to acquisition of the property by the United States leaves the jurisdiction in the state courts. Gill v. State, 141 Tenn. 379, 210 S.W. 637, 1918 Tenn. LEXIS 99 (1919).

3. —Jurisdiction.

Acts 1867, ch. 44, ceding to the United States jurisdiction over national cemeteries in Tennessee, did not deprive the state of jurisdiction over offenses committed within such cemeteries, nor of its right to serve process therein. Wills v. State, 50 Tenn. 141, 1871 Tenn. LEXIS 78 (1871).

The state court has jurisdiction of perjury committed in the trial of a cause in a state court held in the custom house of the United States, by express permission of the federal authorities, under a statute authorizing the state court to be held at places other than the courthouse, or place designated by law, although exclusive jurisdiction had been ceded by a state statute to the United States over the land on which the custom house is situated. Exum v. State, 90 Tenn. 501, 17 S.W. 107, 1891 Tenn. LEXIS 32, 25 Am. St. Rep. 700, 15 L.R.A. 381 (1891).

The exclusive jurisdiction of the United States over the land upon which a soldiers' home was erected was not affected by the fact that the land was conveyed to the National Home, a corporation, and not directly to the United States, because such home was owned and managed by the United States, and the land was in fact purchased by the United States. State ex rel. Lyle v. Willett, 117 Tenn. 334, 97 S.W. 299, 1906 Tenn. LEXIS 51 (1906).

A state statute attempting to confer jurisdiction on the state courts for the prosecution of a crime committed upon property ceded or purchased by the federal government, with the consent of the state legislature, under U.S. Const., art. 1, § 8, clause 17, must necessarily be unconstitutional. Gill v. State, 141 Tenn. 379, 210 S.W. 637, 1918 Tenn. LEXIS 99 (1919).

Plea that United States had “exclusive jurisdiction” over certain army bases so as to allow transportation company to escape payment of privilege tax on commodities transported to such bases could not be raised by the transportation company but if available at all would only be available to the United States government. Motor Transport Co. v. McCanless, 182 Tenn. 659, 189 S.W.2d 200, 1945 Tenn. LEXIS 264 (1945).

4. —Commerce.

Transportation of commodities from a point within the state to United States reservations within the state did not amount to transportation of goods in interstate commerce so as to exempt transportation from payment of privilege tax on such business. Motor Transport Co. v. McCanless, 182 Tenn. 659, 189 S.W.2d 200, 1945 Tenn. LEXIS 264 (1945).

5. —Taxation.

Lands located in Tennessee, which are acquired by the United States through sale for direct taxes levied pursuant to an act of congress, are not subject to state taxation while so owned by the United States, and their assessment for state taxes creates no lien on the land that can be enforced after the United States has parted with title. Van Brocklin v. Tennessee, 117 U.S. 151, 6 S. Ct. 670, 29 L. Ed. 845, 1886 U.S. LEXIS 1822 (1886).

Motor transportation company was subject to payment of privilege tax for engaging in transportation of commodities from point within the state to government reservations within the state. Motor Transport Co. v. McCanless, 182 Tenn. 659, 189 S.W.2d 200, 1945 Tenn. LEXIS 264 (1945).

4-1-102. Protection of territory.

The governor and all subordinate officers of this state are empowered to protect the territory of this state, within its defined limits in all the courts of the country, and the governor may employ counsel for this purpose whenever, in the governor's judgment, it becomes necessary in order to protect this state and the citizens of the commonwealth against illegal encroachments upon their rights, the fee for such services to be fixed by the governor and approved by the attorney general and reporter.

Acts 1889, ch. 222, § 2; Shan., § 81; Code 1932, § 95; T.C.A. (orig. ed.), § 4-104.

4-1-103. Concurrent jurisdiction of boundary waters.

This state has concurrent jurisdiction on the waters of any river that forms a common boundary between this and any other state.

Code 1858, § 72; Shan., § 84; Code 1932, § 97; T.C.A. (orig. ed.), § 4-102.

Cross-References. County boundary waters, § 5-1-102.

4-1-104. Mississippi River — Criminal jurisdiction.

  1. The criminal jurisdiction of this state is extended as follows: Beginning at a point where the north boundary line of Tennessee intersects the east bank of the Mississippi River and extending west along a line in extension of and parallel to the north boundary of Tennessee to the west bank of the Mississippi River, in the state of Missouri; thence south along that bank, passing the line dividing the states of Missouri and Arkansas, and following the meanders of that river bank to a point on the west bank of that river where a line drawn east and parallel to the south boundary of Tennessee would intersect the west bank of the Mississippi River; thence east along that line to a point where the south boundary line of Tennessee intersects the east bank of the Mississippi River.
  2. This state and her sister states, Arkansas and Missouri, have concurrent criminal jurisdiction over the parts of the territory lying opposite them and between the lines extending parallel to their north and south boundaries.
  3. This section shall take effect as to the states of Arkansas and Missouri, or either of them, when these states, or either of them, pass a similar act governing the territory described in subsection (a), opposite them and between their north and south boundaries; this section to take effect from and after its passage as to all that part of the territory so described that is included within the boundaries east of the states of Arkansas and Missouri.

Acts 1915, ch. 123, §§ 1-3; Shan., §§ 80a1-80a3; Code 1932, §§ 92-94; T.C.A. (orig. ed.), § 4-103.

Cross-References. Boundary with Missouri and Arkansas, § 4-2-107.

Textbooks. Tennessee Jurisprudence, 22 Tenn. Juris., State, § 8.

NOTES TO DECISIONS

1. Validity of Section.

This section is not invalid on the ground that congress has not consented to such an agreement with Arkansas and Missouri, for the consent of congress may be implied, or it may give its consent later, in case such an agreement is made. Couch v. State, 140 Tenn. 156, 203 S.W. 831, 1918 Tenn. LEXIS 31 (1918).

2. Effective Date of Compact.

When the state of Arkansas passed an act conferring criminal jurisdiction upon the state of Tennessee over the Mississippi River flowing between the two states, upon the passage of a similar act by the state of Tennessee conferring such criminal jurisdiction upon the state of Arkansas, the compact between the two states became binding. Couch v. State, 140 Tenn. 156, 203 S.W. 831, 1918 Tenn. LEXIS 31 (1918).

4-1-105. Retrocession of federal jurisdiction.

  1. The consent of this state is hereby given to the retrocession of jurisdiction by the United States over land owned by the United States within the boundaries of this state, and the governor of this state is hereby authorized to accept for this state such retrocession of jurisdiction.
  2. Retrocession of jurisdiction shall be effected by written notice by the principal officer of the agency of the United States having supervision and control over the land by metes and bounds and stating that legislative, executive and judicial jurisdiction is to be retroceded to this state and the filing of a statement of acceptance of jurisdiction by the governor of this state with the secretary of state of this state.

Acts 1975, ch. 266, § 1; T.C.A., § 4-121.

NOTES TO DECISIONS

1. Construction.

Motion to dismiss for lack of jurisdiction filed by defendants, who were initially arrested for violations of national park service traffic regulations, was denied, because state and park service had concurrent criminal jurisdiction over state roads in federal parklands pursuant to an agreement between the state and the park service that ceded to the other concurrent criminal law jurisdiction subject to the provisions of 16 U.S.C. § 1a-3, and as accepted by the state pursuant to T.C.A. § 4-1-105. United States v. Cooper, 295 F. Supp. 2d 840, 2003 U.S. Dist. LEXIS 22205 (M.D. Tenn. 2003).

4-1-106. Federal application for cession of state jurisdiction.

  1. Whenever the United States shall desire to acquire legislative jurisdiction over any lands within this state and shall make application for that purpose, the governor is authorized to cede to the United States such measure of jurisdiction, not exceeding that requested by the United States, as the governor may deem proper over all or any part of the lands as to which a cession of legislative jurisdiction is requested, reserving to the state such concurrent or partial jurisdiction as the governor may deem proper.
  2. The application on behalf of the United States shall state in particular the measure of jurisdiction desired and shall be accompanied by an accurate description of the lands over which such jurisdiction is desired and information as to which of such lands are then owned or leased by the United States.
  3. The cession of jurisdiction shall become effective when it is accepted on behalf of the United States, which acceptance shall be indicated, in writing upon the instrument of cession, by an authorized official of the United States and filing with the secretary of state.

Acts 1975, ch. 267, § 1; T.C.A., § 4-122.

Cross-References. Territory ceded to the United States government, Vol. 16, Index to Uncodified Public Chapters.

4-1-107. Jurisdiction reserved by state when cessions made to United States.

Notwithstanding any other law, there are reserved over any lands as to which any legislative jurisdiction may be ceded to the United States pursuant to §§ 4-1-1064-1-109, the state's entire legislative jurisdiction with respect to taxation and that of each state agency, county, city, political subdivision and public district of the state; the state's entire legislative jurisdiction with respect to marriage, divorce, annulment, adoption, commitment of the mentally incompetent, and descent and distribution of property; concurrent power to enforce the criminal law; and the power to execute any process, civil or criminal, issued under the authority of the state; nor shall any persons residing on such lands be deprived of any civil or political rights, including the right of suffrage, by reason of the cession of such jurisdiction to the United States.

Acts 1975, ch. 267, § 2; T.C.A., § 4-123.

4-1-108. Relinquishment of ceded legislative jurisdiction by United States.

  1. Whenever the United States tenders to the state a relinquishment of all or part of the legislative jurisdiction theretofore acquired by it over lands within this state, the governor is authorized to accept on behalf of the state the legislative jurisdiction so relinquished.
  2. The governor shall indicate the governor's acceptance of such relinquished legislative jurisdiction by a writing addressed to the head of the appropriate department or agency of the United States, and such acceptance shall be effective when the writing is deposited in the United States mails.

Acts 1975, ch. 267, § 3; T.C.A., § 4-124.

4-1-109. Cession or acceptance — Authority of local government.

When an acceptance or cession of jurisdiction as cited in §§ 4-1-1064-1-108 is sought for lands within this state concerning jurisdictional matters over which counties or municipalities, rather than the governor, have authority, agreements made under §§ 4-1-1064-1-108 shall be authenticated by the appropriate representative of the United States and the competent local authority, rather than by the governor, and shall be filed with the secretary of state.

Acts 1975, ch. 267, § 4; T.C.A., § 4-125.

Part 2
Grand Divisions and State Capital

4-1-201. Grand divisions.

There are three (3) grand divisions of the state: the eastern, middle and western.

Code 1858, § 100 (deriv. Acts 1835-1836, ch. 3); Shan., § 129; Acts 1923, ch. 70; Code 1932, § 147; modified; T.C.A. (orig. ed.), § 4-109.

Law Reviews.

Tennessee Criminal Law: An Overview of the Courts and a Compendium of Tennessee Criminal Procedure, 5 Mem. St. U.L. Rev. 90 (1975).

NOTES TO DECISIONS

1. Grand Division Definition.

Since judges of intermediate appellate courts are not assigned to any district or circuit, voting by district or circuit is not required, and this is in no way changed by the requirement that no more than four of the 12 judges on each intermediate appellate court may reside in any one of three grand divisions of Tennessee; a district is a political subdivision, and while a district usually connotes a subunit of a county and may be subject to reconfiguration, a grand division refers to one of three permanently defined, large umbrella units, each composed of many counties and districts, and a grand division is not a district within the meaning of the Constitution. Hooker v. Haslam, 437 S.W.3d 409, 2014 Tenn. LEXIS 934 (Tenn. Apr. 23, 2014).

4-1-202. Eastern grand division.

The eastern division comprises the counties of Anderson, Bledsoe, Blount, Bradley, Campbell, Carter, Claiborne, Cocke, Cumberland, Grainger, Greene, Hamblen, Hamilton, Hancock, Hawkins, Jefferson, Johnson, Knox, Loudon, Marion, McMinn, Meigs, Monroe, Morgan, Polk, Rhea, Roane, Scott, Sevier, Sullivan, Unicoi, Union and Washington.

Code 1858, § 101 (deriv. Acts 1835-1836, ch. 3, § 8); Acts 1885, ch. 107, § 1; 1899, ch. 150, § 1; 1903, ch. 110, § 1; 1915, ch. 9, §§ 1-3; Shan., § 130; Private Acts 1919, ch. 695; Code 1932, § 148; Acts 1933, ch. 135, § 1; C. Supp. 1950, § 148; modified; T.C.A. (orig. ed.), § 4-110.

4-1-203. Middle grand division.

The middle division comprises the counties of Bedford, Cannon, Cheatham, Clay, Coffee, Davidson, DeKalb, Dickson, Fentress, Franklin, Giles, Grundy, Hickman, Houston, Humphreys, Jackson, Lawrence, Lewis, Lincoln, Macon, Marshall, Maury, Montgomery, Moore, Overton, Perry, Pickett, Putnam, Robertson, Rutherford, Sequatchie, Smith, Stewart, Sumner, Trousdale, Van Buren, Warren, Wayne, White, Williamson and Wilson.

Code 1858, § 102 (deriv. Acts 1835-1836, ch. 3, § 8); Acts 1885, ch. 107, § 1; 1899, ch. 150, § 1; 1903, ch. 110, § 1; 1915, ch. 9, §§ 1-3; Shan., § 131; Code 1932, § 149; Acts 1933, ch. 135, § 1; C. Supp. 1950, § 149; Acts 1965, ch. 354, § 1; T.C.A. (orig. ed.), § 4-111.

4-1-204. Western grand division.

The western division comprises the counties of Benton, Carroll, Chester, Crockett, Decatur, Dyer, Fayette, Gibson, Hardeman, Hardin, Haywood, Henderson, Henry, Lake, Lauderdale, Madison, McNairy, Obion, Shelby, Tipton and Weakley.

Code 1858, § 103 (deriv. Acts 1835-1836, ch. 3, § 8); Shan., § 132; Code 1932, § 150; Acts 1965, ch. 354, § 1; T.C.A. (orig. ed.), § 4-112.

4-1-205. State capital.

The city of Nashville, in the county of Davidson, is the seat of the state government.

Code 1858, § 74 (deriv. Const. 1834, schedule, § 2); Shan., § 92; Code 1932, § 100; T.C.A. (orig. ed.), § 4-105.

NOTES TO DECISIONS

1. General Assembly Sitting Elsewhere — Validity of Acts.

Acts passed by the general assembly at Memphis, during the Civil War, are valid. Frierson v. General Assembly of Presbyterian Church, 54 Tenn. 683, 1872 Tenn. LEXIS 106 (1872).

Part 3
State Symbols

4-1-301. State flag or banner.

  1. The flag or banner of this state shall be of the following design, colors and proportions, to wit: an oblong flag or banner in length one and two-thirds (12/3) times its width, the principal field of same to be of color red, but the flag or banner ending at its free or outer end in a perpendicular bar of blue, of uniform width, running from side to side, that is to say, from top to bottom of the flag or banner, and separated from the red field by a narrow margin or stripe of white of uniform width; the width of the white stripe to be one-fifth (1/5) that of the blue bar; and the total width of the bar and stripe together to be equal to one-eighth (1/8) of the width of the flag. In the center of the red field shall be a smaller circular field of blue, separated from the surrounding red field by a circular margin or stripe of white of uniform width and of the same width as the straight margin or stripe first mentioned. The breadth or diameter of the circular blue field, exclusive of the white margin, shall be equal to one-half (½) of the width of the flag. Inside the circular blue field shall be three (3) five-pointed stars of white distributed at equal intervals around a point, the center of the blue field, and of such size and arrangement that one (1) point of each star shall approach as closely as practicable without actually touching one (1) point of each of the other two (2) around the center point of the field; and the two (2) outer points of each star shall approach as nearly as practicable without actually touching the periphery of the blue field. The arrangement of the three (3) stars shall be such that the centers of no two (2) stars shall be in a line parallel to either the side or end of the flag, but intermediate between same; and the highest star shall be the one nearest the upper confined corner of the flag.
    1. It is an offense to knowingly manufacture or sell a state flag that is not in compliance with subsection (a).
    2. This subsection (b) shall apply only to flags that are manufactured, sold or offered for sale as official state flags and shall not apply to miniature flags or flags manufactured, sold or offered for sale as souvenirs, novelties, decorations or toys.
    3. A violation of this subsection (b) is considered a deceptive business practice and punishable as provided in § 39-14-127.
    1. Each Tennessee state flag manufactured or otherwise produced shall have imprinted on the flag a legend or other markings, or both, sufficient to clearly indicate the proper manner in which to fly or otherwise display the Tennessee state flag.
    2. The purpose of this subsection (c) is to ensure that the public does not fly or otherwise display the Tennessee state flag in any incorrect manner, especially not upside down.
    3. For the purposes of this subsection (c), “Tennessee state flag” includes all flags that are manufactured, sold or offered for sale as official state flags.
  2. All official flags of the United States and of the state of Tennessee, purchased under a state contract, shall be manufactured in the United States.

Acts 1905, ch. 498; Shan., § 92a1; Code 1932, § 101; T.C.A. (orig. ed.), § 4-106; Acts 1990, ch. 1059, § 1; 2000, ch. 640, § 1; 2005, ch. 497, § 1.

Cross-References. Desecration of venerated object, § 39-17-311.

Display of flag in courtrooms and at courthouses, §§ 5-7-108, 5-7-109.

Attorney General Opinions. Commercial use of the state flag, OAG 95-083, 1995 Tenn. AG LEXIS 95 (8/15/95).

4-1-302. State songs.

The official songs of this state shall be as follows:

  1. “My Homeland, Tennessee” by Nell Grayson Taylor and Roy Lamont Smith, as adopted by House Joint Resolution 36 in 1925;
  2. “When It's Iris Time In Tennessee” by Willa Mae Waid, as adopted by Acts 1935, chapter 154;
  3. “My Tennessee” by Francis Hannah Tranum, as adopted by Senate Joint Resolution 35 in 1955, as the official public school song in Tennessee;
  4. “The Tennessee Waltz” by Redd Stewart and Pee Wee King, as adopted by Senate Joint Resolution 9 in 1965;
  5. “Rocky Top” by Boudleaux and Felice Bryant, as adopted by Acts 1982, chapter 545;
  6. “The Pride of Tennessee” by Fred Congdon, Thomas Vaughn and Carol Elliot, as added by House Joint Resolution 221 in 1996, as the official song of the state of Tennessee; and
  7. “Tennessee” by John R. Bean, as adopted by Acts 2011, chapter 242.

Acts 1935, ch. 154, §§ 1, 2; mod. C. Supp. 1950, §§ 107.1, 107.2; T.C.A. (orig. ed.), § 4-107; Acts 1982, ch. 545, § 1; 2011, ch. 242, § 1.

Compiler's Notes. 1996 HJR 221 provided that “The Pride of Tennessee” by Fred Congdon, Thomas Vaughn and Carol Elliot is hereby adopted as an official song of the state of Tennessee.

For the preamble to the act concerning the recognition of “Tennessee” as an official state song and its lyrics, please refer to Acts 2011, ch. 242.

4-1-303. State poems.

  1. The poem entitled, “Oh Tennessee, My Tennessee,” by Admiral William Lawrence, is designated and adopted as an official state poem for this state, which poem reads as follows:

    “Oh Tennessee, My Tennessee

    What Love and Pride I Feel for Thee.

    You Proud Ole State, the Volunteer,

    Your Proud Traditions I Hold Dear.

    I Revere Your Many Heroes

    Who Bravely Fought our Country's Foes.

    Renowned Statesmen, so Wise and Strong,

    Who Served our Country Well and Long.

    I Thrill at Thought of Mountains Grand;

    Rolling Green Hills and Fertile Farm Land;

    Earth Rich with Stone, Mineral and Ore;

    Forests Dense and Wild Flowers Galore;

    Powerful Rivers that Bring us Light;

    Deep Lakes with Fish and Fowl in Flight;

    Thriving Cities and Industries;

    Fine Schools and Universities;

    Strong Folks of Pioneer Descent,

    Simple, Honest, and Reverent.

    Beauty and Hospitality

    Are the Hallmarks of Tennessee.

    And O'er the World as I May Roam,

    No Place Exceeds my Boyhood Home.

    And Oh How Much I Long to See

    My Native Land, My Tennessee.”

  2. The poem entitled, “My Tennessee,” by Michael McDonald, is designated and adopted as an official state poem for this state, which poem reads as follows:

    Cowboy boots, pickup trucks,

    White-faced bulls, and lespedeza hay,

    Cottontails runnin', beagle dogs singin'

    Huntin' with Grandpa, on a gray, frosty day.

    Sunday mornin' preachin, hell-fire and brimstone,

    Country ham for dinner, banana puddin' and ice tea,

    Pitchin' them horse-shoes, watermelon cuttin',

    Friends and kinfolk underneath the old oak tree.

    Tennessee, you're a raging river,

    A Lookout Mountain, seeing as far as you can see,

    Bloody Shiloh, brother against brother,

    General Grant and Robert E. Lee,

    Sittin' on a feed sack, pickin' my guitar,

    Writin' them songs, in a country kinda way,

    Whittlin' on a cedar stick, spittin' tobacco juice,

    Spinnin' them yarns, about by-gone days.

    Andrew Jackson and ol' Davy Crockett

    Always were heroes to me.

    Buckskin britches, black-powder rifles,

    Dreamin' ‘bout freedom and the days that used to be.

    Tennessee I'll never leave you,

    You're the heart and soul of me,

    Mighty Mississippi, Great Smoky Mountains,

    You're all these things, and more to me.

    Matched-pair of sorrel mules, Tennessee walkers,

    Munchin' on a moon pie and an R.O.C.;

    Duck-head overalls, wish I had a Goo Goo;

    All rared back listenin' to the Grand Ole Opry.

    Tennessee I'll never leave you,

    You're the heart and soul of me,

    Mighty Mississippi, Great Smoky Mountains,

    All these things, my Tennessee.

Acts 1973, ch. 111, § 1; 1977, ch. 329, § 1; T.C.A., § 4-116; Acts 2019, ch. 215, § 1.

4-1-304. State slogan.

The following is hereby adopted as an official slogan for this state: “Tennessee — America at Its Best.” This slogan may be used in advertising the state and its attractions for industry, recreation and pleasant living.

Acts 1965, ch. 33, § 1; T.C.A., § 4-114.

4-1-305. State tree.

The tulip poplar is designated and adopted as the official state tree of this state.

Acts 1947, ch. 204, § 1; C. Supp. 1950, § 107.3; T.C.A. (orig. ed.), § 4-108.

4-1-306. State wild flowers.

The official wild flowers of this state shall be as follows:

  1. The passion flower, family passiflora incarnate ; and
  2. Tennessee Echinacea, Echinacea tennesseensis .

Acts 1973, ch. 16, § 1; T.C.A., § 4-117; Acts 2012, ch. 829, § 1.

4-1-307. State cultivated flower.

The iris, family iridaceae , is designated as the state cultivated flower.

Acts 1973, ch. 16, § 2; T.C.A., § 4-118.

4-1-308. State insects — State agricultural insect.

  1. The well-known firefly, or lightning bug beetle, and the ladybird beetle, commonly known as the ladybug, are hereby designated as the official state insects.
  2. The honeybee is designated as the official agricultural insect of Tennessee in tribute to its fundamental role in the production of all crops.

Acts 1975, ch. 292, § 1; T.C.A., § 4-120; Acts 1990, ch. 725, § 1.

4-1-309. State rock.

The useful and attractive calcium carbonate, commonly known as limestone, is hereby designated as the official state rock.

Acts 1979, ch. 42, § 1; T.C.A., § 4-128.

4-1-310. State gem.

  1. The Tennessee pearl is hereby designated as the official state gem. This designation is not intended to prohibit such activities as dredging, filling, damming or other acts that are otherwise subject to regulation and control by the United States corps of engineers, the Tennessee Valley authority, or other governmental entities.
  2. The historic Tennessee River Freshwater Pearl Farm and Museum located in Camden, Benton County, Tennessee is hereby designated the official site of freshwater pearl culturing in the state of Tennessee.

Acts 1979, ch. 192, § 1; T.C.A., § 4-129; Acts 2004, ch. 506, § 1.

Cross-References. Permits for pearl culturing, § 70-2-220.

4-1-311. Official railroad museums.

The following are designated as official railroad museums in this state:

  1. The Tennessee Valley Railroad Museum, located in Hamilton County, which shall be indicated by an appropriate marker erected by the state. The signs shall be placed on the property of the museum and shall not exceed five hundred dollars ($500) in cost; and
  2. The Cowan Railroad Museum, located in Franklin County, which shall be indicated by an appropriate marker erected by the state. The museum may also receive appropriations as the general assembly deems necessary, grants from state or federal agencies, and donations from private or public sources.

Acts 1978, ch. 547, § 1; T.C.A., § 4-127; Acts 2007, ch. 193, § 1.

4-1-312. State folk dance.

The square dance is hereby designated as the official state folk dance.

Acts 1980, ch. 829, § 1.

4-1-313. Porcelain painting.

Porcelain painting (china painting) is recognized as a fine art in Tennessee.

Acts 1981, ch. 55, § 1.

4-1-314. Great seal of the state of Tennessee.

  1. The great seal of the state of Tennessee shall be in the shape of a circle. The circumference of the circle shall bear the words “THE GREAT SEAL OF THE STATE OF TENNESSEE” and in the lower part of the circumference shall be the date “1796,” being the year in which the constitution of Tennessee was adopted and Tennessee became one of the United States.
  2. Inside the upper semicircle of the circle shall be set the numerals “XVI,” being the number of the state in chronological order within the United States; below the numerals shall be the figures of a plough, sheaf of wheat and cotton plant, emblematic of agriculture within the state; and under the base of the upper semicircle shall be the word “AGRICULTURE.”
  3. Inside the lower semicircle of the circle shall be set the figure of a boat with sail, emblematic of commercial activity in the state; and below this figure the word “COMMERCE.”
  4. The size of the seal embossed shall be not greater in diameter than two and one-quarter inches (2¼") nor smaller in diameter than one and three-quarter inches (1¾").
  5. The size of printed seals shall conform to the range of sizes as permitted by the rules of the state publication committee.
  6. Until a different rendering of this design is submitted by the governor to the secretary of state and approved by resolution by both houses of the general assembly, voting separately, the design in use as of May 17, 1987 is hereby validated and adopted, to wit:

    Click to view

Acts 1987, ch. 402, § 1.

4-1-315. State motto.

The motto of this state shall be “Agriculture and Commerce,” as proclaimed on the great seal of the state of Tennessee since 1801.

Acts 1987, ch. 402, § 2.

4-1-316. State commercial fish.

The channel catfish is hereby designated as the official state commercial fish.

Acts 1988, ch. 489, § 1.

4-1-317. State sport fish.

The small-mouth bass is hereby designated as the official state sport fish.

Acts 1988, ch. 489, § 2; 2005, ch. 277, § 1.

4-1-318. State game bird.

The bobwhite quail is hereby designated as the official state game bird.

Acts 1988, ch. 775, § 1.

4-1-319. State butterfly.

The beautiful zebra swallowtail, Eurytides marcellus , is hereby designated as the official state butterfly.

Acts 1994, ch. 896, § 1.

4-1-320. State amphibian.

The unique Tennessee cave salamander, Gyrinophilus palleucus , is hereby designated as the official state amphibian.

Acts 1995, ch. 367, § 1.

4-1-321. State reptile.

The widespread eastern box turtle, Terrapene carolina , is hereby designated as the official state reptile.

Acts 1995, ch. 367, § 2.

4-1-322. Official poem of the Tennessee Bicentennial.

The poem entitled “Who We Are” by Margaret Britton Vaughn, Poet Laureate of Tennessee, is designated and adopted as the official poem of Tennessee's Bicentennial, which poem reads as follows:

Who We Are

The Bicentennial of Tennessee

1796-1996

The fertile soil of Tennessee

Grew more than corn, tobacco, and cotton,

It grew a crop of people who are

Trailblazers, child raisers, flag wavers, soul savers.

Like the roots of the tulip poplar,

Our feet are planted deeply

Into good living, neighbor giving, God fearing.

Like the iris, buttercup and wild daisies,

Our towns have sprung up

In valleys, basins, mountains, plains and plateaus

That house cabins, mansions and hillside chateaus.

We're the one-room schoolhouse in the hollow;

We're the university grad and the front-porch scholar.

We're Davy Crockett at the Alamo,

Sergeant York, World War I hero.

We're Cordell Hull who served Roosevelt;

We're Chief Sequoyah and his Cherokee alphabet.

We're W.C. Handy and the Memphis Blues;

We're Ida B. Wells and Civil Rights news,

And Grand Ole Opry with old wooden pews.

We're “Rocky Top” and “Tennessee Waltz” the same;

We're “Star Spangled Banner” before the game.

We're mockingbirds singing Appalachian folk songs;

We're country church sing-alongs.

We're hand clappers, toe tappers, knee slappers

And Mama's lap lullaby nappers.

We're Jackson, Johnson and James K. Polk;

We're city slickers and poor hill folk;

We're Anne Dallas Dudley and the Suffrage Vote.

We're John Sevier, Don Sundquist and governors galore;

We're congressmen, mayors and Vice President Gore.

We're Wilma Rudolph's run for the gold

And Sunday golfers' eighteenth hole.

We're Christmas Eve and the Fourth of July;

We're 4-H and homemade chess pie.

We're TVA rivers, creeks and man-made lakes;

We're ruts in dirt roads and interstates.

We're all religions, creeds and peoples of race;

We're Tennesseans who love the home place.

We're the Volunteer State and will always be

Ready to go when someone's in need.

As our trees turn green and our barns turn gray.

We celebrate our two hundredth birthday.

We know we've done our best, stood the test,

And will be laid to rest

In the fertile soil of Tennessee.

Acts 1997, ch. 337, § 1.

4-1-323. Official state tartan.

The design adopted by the Heart of Tennessee Scottish Celebration in conjunction with all the other Scottish Societies in Tennessee is designated as the official state tartan for Tennessee. The design is described as follows: A symmetrical tartan sett, using the following colors: natural white, dark green, purple, red, and dark blue. The colors shall be employed in a thread count of white — 2, green — 20, purple — 2, green — 12, red — 2, green — 2, purple — 2, white — 2, blue — 20 and red — 4. The pattern pivot is red line to return to green 20.

Acts 1999, ch. 82, § 1.

4-1-324. State theatre of Tennessee.

Notwithstanding any law to the contrary, the Tennessee Theatre is hereby designated as the state theatre of Tennessee.

Acts 1999, ch. 166, § 1.

4-1-325. State horse.

The Tennessee Walking Horse is hereby designated as the official state horse.

Acts 2000, ch. 596, § 1.

4-1-326. State aviation hall of fame.

  1. Notwithstanding any law to the contrary, the Tennessee Aviation Hall of Fame, which is located at the Gatlinburg-Pigeon Forge Airport in Sevier County and which has been founded for the purpose of honoring aviation pioneers and leaders in Tennessee, is designated as the official state aviation hall of fame.
  2. The Tennessee Aviation Hall of Fame and affiliated Tennessee Museum of Aviation are designated as the official state repository and archive for aviation history.

Acts 2001, ch. 78, § 1; 2003, ch. 158, § 1.

4-1-327. State fruit.

The delicious tomato, Lycopersicon lycopersicum , is designated as the official state fruit.

Acts 2003, ch. 154, § 1.

4-1-328. Railroad library.

The A.C. Kalmbach Memorial Library in Chattanooga is an official railroad library of the state of Tennessee.

Acts 2004, ch. 628, § 1.

4-1-329. Official salute to the Tennessee flag.

  1. The following salute written by Lucy Steele Harrison is designated and adopted as the first official salute to the flag of Tennessee:

    “Three white stars on a field of blue

    God keep them strong and ever true

    It is with pride and love that we

    Salute the Flag of Tennessee.”

  2. The following salute written by Miss John Bostick is designated and adopted as the second official salute to the flag of Tennessee:

    “Flag of Tennessee, I salute thee

    To thee I pledge my allegiance with

    My affection, my service and my life.”

Acts 2006, ch. 841, § 1.

Compiler's Notes. Acts 2006, ch. 841, § 2 provided that representatives of the Tennessee Historical Society, Tennessee History for Kids, The Tennessee Society, Daughters of the American Revolution and any other recognized group with an interest in Tennessee history or the Tennessee flag are urged to meet and discuss the issue of official salutes to the flag of Tennessee. If the group is able to develop recommendations for other salutes to the flag of Tennessee, or if the group determines there have been other salutes adopted by the general assembly or otherwise generally recognized, such group shall so state in a report to be filed with the clerk of the senate and the clerk of the house of representatives.

4-1-330. State mineral.

Agate is designated as the official state mineral.

Acts 2009, ch. 30, § 1.

Compiler's Notes. For the preamble to the act establishing agate as the official state mineral of Tennessee, please refer to Acts 2009, ch. 30.

4-1-331. State beverage.

Milk is designated as the official state beverage.

Acts 2009, ch. 31, § 1.

Compiler's Notes. For the preamble to the act establishing milk as the official state beverage of Tennessee, please refer to Acts 2009, ch. 31.

Cross-References. Dairy Farmers Prosperity Act, § 53-3-301 et seq.

4-1-332. State evergreen tree.

The eastern red cedar, Juniperus virginiana , is designated as the official state evergreen tree.

Acts 2012, ch. 567, § 1.

Compiler's Notes. For the preamble to the act concerning the designation of the eastern red cedar as the official state evergreen tree, please refer to Acts 2012, ch. 567.

4-1-333. Official state botanical garden.

The University of Tennessee Botanical Gardens are designated as the official state botanical garden.

Acts 2013, ch. 152, § 1.

Compiler's Notes. For the preamble to the act concerning the official state botanical garden, please refer to Acts 2013, ch. 152.

4-1-334. State symbol of remembrance to honor fallen military service members.

  1. The Honor and Remember Flag is designated as the official state symbol of remembrance and as the symbol of our state's concern and commitment to honoring and remembering the lives of all members of the United States armed forces who have lost their lives while serving, or as a result of service, and their families.
  2. The design of the Honor and Remember Flag, created by Honor and Remember Inc., shall be of the following design:
    1. The principal field of the flag shall be red to represent the blood shed by brave servicemembers who sacrificed their lives for freedom;
    2. The white banner at the bottom of the flag to represent the purity of that sacrifice;
    3. The center of the flag shall feature a gold star outlined in blue. The blue star-shaped border represents active service in military conflict and dates back to World War I. The gold star signifies the ultimate sacrifice of a warrior in active service who is not returning home and reflects the value of life given;
    4. The folded flag element below the gold star highlights this nation's final tribute to a fallen servicemember and a family's sacrifice; and
    5. The center of the gold star shall be filled by a flame, to symbolize the eternal spirit of the departed.

Acts 2014, ch. 539, § 1.

Code Commission Notes.

Acts 2014, ch. 549, § 1, Acts 2014, ch. 571, § 1 and Acts 2014, ch. 821, § 1 all purported to enact § 4-1-334. Section 4-1-334 was previously enacted by Acts 2014, ch. 539, § 1, therefore, the enactment by Acts 2014, ch. 549, § 1 was designated as § 4-1-335; the enactment by Acts 2014, ch. 571, § 1 was designated as § 4-1-336; and the enactment by Acts 2014, ch. 821, § 1 was designated as § 4-1-337 by the authority of the code commission.

Compiler's Notes.  For the preamble to the act concerning designation of the Honor and Remember Flag as a symbol of remembrance of fallen military service members, please refer to Acts 2014, ch. 539.

4-1-335. Official state fife and drum corps.

The Watauga Valley Fife and Drum Corps is hereby designated as the official state fife and drum corps.

Acts 2014, ch. 549, § 1.

Code Commission Notes.

Acts 2014, ch. 549, § 1, Acts 2014, ch. 571, § 1 and Acts 2014, ch. 821, § 1 all purported to enact § 4-1-334. Section 4-1-334 was previously enacted by Acts 2014, ch. 539, § 1, therefore, the enactment by Acts 2014, ch. 549, § 1 was designated as § 4-1-335; the enactment by Acts 2014, ch. 571, § 1 was designated as § 4-1-336; and the enactment by Acts 2014, ch. 821, § 1 was designated as § 4-1-337 by the authority of the code commission.

Compiler's Notes.  For the preamble to the act concerning the official state fife and drum corps, please refer to Acts 2014, ch. 549.

4-1-336. Official state artifact.

“Sandy,” the ancient stone statue discovered in 1939 on Sellars Farm in Wilson County, being a prime example of the Tennessee-Cumberland Style of Mississippian Stone Statuary crafted and used during the Mississippian Period, AD 800 – 1500, is recognized as the official state artifact of Tennessee.

Acts 2014, ch. 571, § 1.

Code Commission Notes.

Acts 2014, ch. 549, § 1, Acts 2014, ch. 571, § 1 and Acts 2014, ch. 821, § 1 all purported to enact § 4-1-334. Section 4-1-334 was previously enacted by Acts 2014, ch. 539, § 1, therefore, the enactment by Acts 2014, ch. 549, § 1 was designated as § 4-1-335; the enactment by Acts 2014, ch. 571, § 1 was designated as § 4-1-336; and the enactment by Acts 2014, ch. 821, § 1 was designated as § 4-1-337 by the authority of the code commission.

4-1-337. Official state pet.

Dogs and cats that are adopted from Tennessee animal shelters and rescues are designated as the official state pet.

Acts 2014, ch. 821, § 1.

Compiler's Notes.

Acts 2014, ch. 549, § 1, Acts 2014, ch. 571, § 1 and Acts 2014, ch. 821, § 1 all purported to enact § 4-1-334. Section 4-1-334 was previously enacted by Acts 2014, ch. 539, § 1, therefore, the enactment by Acts 2014, ch. 549, § 1 was designated as § 4-1-335; the enactment by Acts 2014, ch. 571, § 1 was designated as § 4-1-336; and the enactment by Acts 2014, ch. 821, § 1 was designated as § 4-1-337 by the authority of the code commission.

4-1-338. Official state symbol.

The official state symbol shall be the circular feature of the state flag, adopted by chapter 498 of the Acts of 1905, and shall be of the following design: a circular field of blue surrounded by a circular stripe of white that is one-twentieth (1/20) the diameter of the circular field of blue. Inside the circular field of blue shall be three (3) five-pointed stars of white distributed at equal intervals around a point, the center of the blue field, and of such size and arrangement that one (1) point of each star shall approach as closely as practicable without actually touching one (1) point of each of the other two (2) around the center point of the blue field; and the two (2) outer points of each star shall approach as nearly as practicable without actually touching the periphery of the blue field. The arrangement of the three (3) stars shall be such that the centers of no two (2) stars shall align horizontally or vertically, but intermediate between same; and the highest star shall be the one located in the upper left of the blue field.

Acts 2016, ch. 534, § 1.

4-1-339. Official state plane.

The Boeing B-17F known as the Memphis Belle is designated as the official state airplane.

Acts 2017, ch. 33, § 1.

Compiler's Notes. For the Preamble to the act  concerning naming of the Boeing B-17F, known as the Memphis Belle, as official state airplane,  please refer to Acts 2017, ch. 33.

4-1-340. Official state community theater.

The Oak Ridge Playhouse is designated as an official state community theater.

Acts 2017, ch. 101, § 1.

4-1-341. Here's the Beef Festival.

The Here's the Beef Festival in Giles County is designated as the official state beef festival.

Acts 2018, ch. 603, § 1.

Compiler's Notes. For the Preamble to the act concerning state symbols and the Here's the Beef Festival, please refer to Acts 2018, ch. 603.

4-1-342. Official state buck dance competition.

Notwithstanding any law to the contrary, the Robert Spicer Memorial Buck Dance Championship is hereby designated the official buck dance competition of Tennessee.

Acts 2019, ch. 2, § 1.

Compiler's Notes. For the Preamble to the act concerning buck dancing, see 2019, ch. 2.

4-1-343. Official state dog.

The bluetick coonhound is designated as the official state dog.

Acts 2019, ch. 7, § 1.

4-1-344. Official state nickname.

The official nickname of this state is “The Volunteer State.”

Acts 2020, ch. 516, § 1.

Part 4
Miscellaneous

4-1-401. Standard time — Observation of advancement of time — Observation of year-round daylight savings time.

  1. There shall be observed in each and every part of this state only standard time as fixed for such area by the United States department of transportation. No town, city, municipal corporation, taxing district, county or other governmental subdivision shall possess power to adopt permanently or temporarily or from time to time any other standard of time to be observed than as prescribed by this subsection (a). All municipal ordinances, resolutions or other forms of enactment by any body of the nature mentioned in this subsection (a) in conflict with this section are hereby nullified and made of no effect, whether enacted prior or subsequent to the effective date of this section.
  2. No person, firm, partnership, corporation or other entity operating or maintaining a place of business of whatsoever kind or nature shall employ, display or maintain or use any other standard of time in connection with such place of business than standard time as prescribed by this section. No radio or television station doing business in this state shall operate on, announce, employ, display, maintain or use any other standard of time than standard time as prescribed by this section.
  3. Whoever shall in connection with any place of business of whatsoever kind or nature employ, display, announce, operate on, maintain or use any other than standard time as prescribed by this section commits a Class C misdemeanor. Each day of such violation constitutes a separate offense.
    1. This state shall observe the advancement of time provided in 15 U.S.C. § 260a at all times throughout the year, and daylight saving time will be the standard time of the entire state and all of its political subdivisions upon compliance with the following conditions:
      1. The United States congress amending or repealing 15 U.S.C. § 260a to authorize states to observe daylight saving time year round;
      2. The commissioner of transportation certifying in writing to the speakers of the senate and the house of representatives the congressional action described in subdivision (d)(1)(A); and
      3. The general assembly, by joint resolution, confirming the congressional action described in subdivision (d)(1)(A) and authorizing the implementation of the state's observation of daylight saving time year round.
    2. The observation of year-round daylight saving time will begin the first Sunday of November following compliance with the requirements of subdivision (d)(1).

Acts 1949, ch. 5, § 1; C. Supp. 1950, § 5755.33 (Williams, § 11.1); Acts 1957, ch. 260, § 1; modified; T.C.A. (orig. ed.), § 4-113; Acts 1989, ch. 591, § 113; 2019, ch. 416, § 1.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

NOTES TO DECISIONS

1. Constitutionality.

This statute does not infringe upon freedom of speech. Phillips v. State, 202 Tenn. 402, 304 S.W.2d 614, 1957 Tenn. LEXIS 405 (1957).

This section is within the police powers of the state. Phillips v. State, 202 Tenn. 402, 304 S.W.2d 614, 1957 Tenn. LEXIS 405 (1957).

Classification of this section in applying to those operating or maintaining a place of business was proper. Phillips v. State, 202 Tenn. 402, 304 S.W.2d 614, 1957 Tenn. LEXIS 405 (1957).

4-1-402. Due dates falling on Saturday or Sunday.

Whenever the due date for filing any schedule, form or return with any state department or agency or for paying any tax due the state occurs on a Saturday or Sunday, the taxpayer shall have until the close of business hours for such department or agency on the following Monday to file such schedule, form or return or to pay such tax.

Acts 1974, ch. 439, § 1; T.C.A., § 4-119.

4-1-403. Appointments to state boards or commissions — Age discrimination prohibited.

Notwithstanding any law to the contrary, a person meeting all other requirements shall not be ineligible for appointment or reappointment to any state board or commission because of age.

Acts 1973, ch. 120, § 3; 1977, ch. 8, § 1; T.C.A. § 4-115.

4-1-404. English — Official and legal language.

English is hereby established as the official and legal language of Tennessee. All communications and publications, including ballots, produced by governmental entities in Tennessee shall be in English, and instruction in the public schools and colleges of Tennessee shall be conducted in English unless the nature of the course would require otherwise.

Acts 1984, ch. 821, § 1.

Cross-References. Notice in English, § 48-51-202.

Refusal to register documents not in English, § 66-24-101.

Attorney General Opinions. Dissemination of information by governmental agencies in languages other than English, OAG 07-112 (7/25/07), 2007 Tenn. AG LEXIS 112.

4-1-405. Use of certain symbols, mascots and names.

  1. The general assembly recognizes that many Tennessee institutions, both public and private, have elected to select symbols, mascots, and names to represent those institutions. The symbols, mascots, and names are often chosen in recognition of the area's heritage and to honor and respect certain persons or cultures and their contributions to our citizens and our state.
  2. No state agency has the authority to require or to prohibit or impair in any way the right of any public or private institution to continue to honor certain persons or cultures through the use of symbols, mascots and names.

Acts 2007, ch. 371, § 1.

Attorney General Opinions. To the extent the Tennessee human rights commission might seek to prohibit or limit the use of a name, symbol or mascot, T.C.A. § 4-1-405 prohibits the commission from taking such an action, OAG 07-132 (8/30/07), 2007 Tenn. AG LEXIS 132.

4-1-406. Flag display protocol — Display for soldiers killed in line of duty.

  1. Whenever the official United States flag or the official state flag is displayed, appropriate flag display protocol requires that when flown on the same pole on property owned, operated or controlled by the state or any political subdivision of the state, including all educational institutions, the order of placement from top to bottom shall be the official United States flag, the official state flag, and any other flags.
    1. As used in this subsection (b):
      1. “County” includes, but is not limited to, any county having a metropolitan form of government;
      2. “Member of the armed services” or “member” means a citizen of Tennessee who is a member of the armed forces of the United States, or a member of a reserve or Tennessee national guard unit who is called into active military service of the United States, as defined in § 58-1-102, and is stationed outside the United States during hostilities in which military personnel are entitled to combat compensation as determined by the United States department of defense; and
      3. “Political subdivision” means county or municipality.
    2. Notwithstanding any law to the contrary, in the event a member of the armed services, while serving honorably, is killed in action or dies as a direct result of injuries sustained from a service connected, combat-related cause, the governor shall proclaim a state-wide day of mourning and shall order the state flag to be flown at half-staff over the state capitol during such period of mourning.
    3. The governor or the governor's designee shall notify the executive official of the political subdivision in which such member of the armed services resided of the deceased member's identity and the date of the day of mourning declared pursuant to subdivision (b)(2). The executive official of the political subdivision, or such official's designee, shall order any state flag hoisted on the property of the political subdivision to be flown at half-staff during such day of mourning.
    4. The names of all members of the armed services for whom a state-wide day of mourning is declared pursuant to subdivision (b)(2) shall be recorded in the journals of the senate and the house of representatives.

Acts 2007, ch. 394, § 1; 2009, ch. 169, § 1; 2011, ch. 8, § 1.

4-1-407. Preservation of religious freedom.

  1. As used in this section, unless the context otherwise requires:
    1. “Demonstrates” means meets the burdens of going forward with the evidence and of persuasion under the standard of clear and convincing evidence;
    2. “Exercise of religion” means the exercise of religion under the Constitution of Tennessee, Article I, § 3 and the first amendment to the United States Constitution;
    3. “Fraudulent claim” means a claim that is dishonest in fact or that is made principally for a patently improper purpose, such as to harass the opposing party;
    4. “Frivolous claim” means a claim that completely lacks merit under existing law and cannot be supported by a good faith argument for the extension, modification or reversal of existing law or the establishment of new law;
    5. “Government entity” means any branch, department, agency, commission or instrumentality of state government, any official or other person acting under color of state law or any political subdivision of the state;
    6. “Prevails” means to obtain “prevailing party” status as defined by courts construing the federal Civil Rights Attorney's Fees Awards Act of 1976 (42 U.S.C. § 1988); and
    7. “Substantially burden” means to inhibit or curtail religiously motivated practice.
  2. Except as provided in subsection (c), no government entity shall substantially burden a person's free exercise of religion even if the burden results from a rule of general applicability.
  3. No government entity shall substantially burden a person's free exercise of religion unless it demonstrates that application of the burden to the person is:
    1. Essential to further a compelling governmental interest; and
    2. The least restrictive means of furthering that compelling governmental interest.
    1. Nothing in this section shall be construed to:
      1. Authorize any government entity to burden any religious belief; or
      2. Affect, interpret or in any way address those portions of the Constitution of Tennessee, Article I, § 3 and the first amendment to the United States Constitution that prohibit laws respecting the establishment of religion.
    2. Nothing in this section shall create or preclude a right of any religious organization to receive funding or other assistance from a government or of any person to receive government funding for a religious activity.
  4. A person whose religious exercise has been burdened by government in violation of this section may assert that violation as a claim or defense in any judicial or administrative proceeding and may obtain such declaratory relief, monetary damages as may properly be awarded by a court of competent jurisdiction, or both declaratory relief and monetary damages. A person who prevails in any proceeding to enforce this section against a government entity may recover the person's reasonable costs and attorney's fees. Standing to assert a claim or defense under this section shall be governed by general rules of law that establish standing. This subsection (e) relating to attorney's fees shall not apply to criminal prosecutions.
  5. Any person found by a court with jurisdiction over the action to have abused the protections of this section by filing a frivolous or fraudulent claim may be assessed the government entity's court costs, if any, and may be enjoined from filing further claims under this section without leave of court.
  6. A government entity, excluding courts, shall not subpoena a clergy member's sermon, including notes used to prepare a sermon or an audio or video recording of a sermon, or subpoena a clergy member's attendance to testify regarding a sermon, for use in a civil or administrative action.

Acts 2009, ch. 573, § 1; 2015, ch. 472, § 1; 2018, ch. 663, § 1.

Law Reviews.

Baptizing O'Brien: Towards Intermediate Protection of Religiously Motivated Expressive Conduct, 68 Vand. L. Rev. 177 (2015).

NOTES TO DECISIONS

1. Application.

Construction of a micro-home village for the homeless constituted the exercise of religion under the RLUIPA and T.C.A. § 4-1-407 where the project was born out of a common, religiously motivated desire to help the homeless, the church recognized that cause as part of its core mission, and given the nature of the project, a lease arrangement with a nonprofit agency did not negate the protection that the statutes provide to the church. Ward v. Metro. Gov't of Nashville & Davidson Cty., — S.W.3d —, 2019 Tenn. App. LEXIS 186 (Tenn. Ct. App. Apr. 17, 2019), review denied and ordered not published, — S.W.3d —, 2019 Tenn. LEXIS 494 (Tenn. Oct. 14, 2019).

Requiring the project to comply with the RS 10 zoning regulations constituted a substantial burden on the church's exercise of religion under the RLUIPA and T.C.A. § 4-1-407 where there was no evidence that the project could be constructed at another church-owned site, requiring the project to comply would have delayed the response to the urgent need for housing for the homeless, and nothing indicated that the church had burdened itself. Ward v. Metro. Gov't of Nashville & Davidson Cty., — S.W.3d —, 2019 Tenn. App. LEXIS 186 (Tenn. Ct. App. Apr. 17, 2019), review denied and ordered not published, — S.W.3d —, 2019 Tenn. LEXIS 494 (Tenn. Oct. 14, 2019).

4-1-408. Departments and agencies of state government to strive for economic efficiency.

  1. Each department and agency of state government shall strive to achieve economic efficiency through utilization of innovative approaches and methodologies while maintaining the highest level of service for the citizens of Tennessee.
  2. In achieving economic efficiency, each department and agency is encouraged to seek input and ideas from their employees and the general public. Each department and agency is encouraged to include a public comment portal on its website to facilitate such solicitations.
  3. Each department and agency shall annually report progress in achieving economic efficiency during their budget hearings to the appropriate committees of the senate and house of representatives.

Acts 2010, ch. 706, § 1.

4-1-409. Autism Awareness Recognition Day.

The governor shall designate one (1) day of each calendar year during the month of April as “Autism Awareness Recognition Day” in order to promote knowledge within the state's communities about the condition, the need for community services and appropriate medical treatment for the condition.

Acts 2011, ch. 226, § 1.

4-1-410. Tennessee's Day of Prayer.

The governor shall designate the first Thursday during the month of May of each calendar year as “Tennessee's Day of Prayer” on which the people of this state may turn to prayer, meditation or otherwise give thanks, in accordance with their own faiths and consciences.

Acts 2012, ch. 566, § 1.

Code Commission Notes.

Acts 2012, ch. 850, § 1 purported to enact § 4-1-410. Section 4-1-410 was previously enacted by Acts 2012, ch. 566, § 1; therefore, the enactment by Acts 2012, ch. 850, § 1 was designated as § 4-1-411 by the code commission.

Attorney General Opinions. Constitutionality of legislation requiring governor to designate “Tennessee's Day of Prayer”.  OAG 12-14, 2012 Tenn. AG LEXIS 14 (2/14/12).

4-1-411. Tennessee Genealogy Month.

The month of July each year shall be observed as “Tennessee Genealogy Month,” to be proclaimed as such by the governor.

Acts 2012, ch. 850, § 1.

Code Commission Notes.

Acts 2012, ch. 850, § 1 purported to enact § 4-1-410.  Section 4-1-410 was previously enacted by Acts 2012, ch. 566, § 1; therefore, the enactment by Acts 2012, ch. 850, § 1 was designated as § 4-1-411 by the code commission.

4-1-412. Tennessee heritage protection.

  1. For purposes of this section:
    1. “Commission” means the Tennessee historical commission;
    2. “Historic conflict” means any war, battle, or military conflict in which citizens of the United States or any state or territory of the United States have participated in, including, but not limited to, the French and Indian War, American Revolution, War of 1812, United States-Mexican War, the War Between the States, Spanish American War, the Mexican border period, World War I, World War II, the Korean War, the Vietnam War, Operation Urgent Fury (Grenada), Operation El Dorado Canyon (Libya), Operation Just Cause (Panama), Operation Desert Shield/Desert Storm (Persian Gulf War I), Operation Enduring Freedom (Afghanistan), and Operation Iraqi Freedom (Persian Gulf War II);
    3. “Historic entity” means any entity recognized as having state, national, military, or historical significance;
    4. “Historic event” means any event recognized as having state, national, military, or historical significance;
    5. “Historic figure” means any individual who has been recognized as having served in any historic conflict, historic event, historic entity, public office, or in public service;
    6. “Historic organization” means any entity that has as one (1) or more of its material missions as the recognition or preservation of any historic conflict, historic entity, historic event, or historic figure;
    7. “Memorial” means:
      1. Any public real property or park, preserve, or reserve located on public property that has been named or dedicated in honor of any historic conflict, historic entity, historic event, historic figure, or historic organization; or
      2. Any statue, monument, memorial, bust, nameplate, historical marker, plaque, artwork, flag, historic display, school, street, bridge, or building that has been erected for, named, or dedicated on public property in honor of any historic conflict, historic entity, historic event, historic figure, or historic organization; and
    8. “Public property” means all property owned, leased, rented, managed, or maintained by or under the authority of this state, any county, municipality, metropolitan government, or any other public entity that is created by act of the general assembly to perform any public function.
    1. Except as otherwise provided in this section, no memorial regarding a historic conflict, historic entity, historic event, historic figure, or historic organization that is, or is located on, public property, may be removed, renamed, relocated, altered, rededicated, or otherwise disturbed or altered.
    2. No memorial or public property that contains a memorial may be sold, transferred, or otherwise disposed of by a county, metropolitan government, municipality, or other political subdivision of this state.
      1. Notwithstanding subdivision (b)(1), a public entity having responsibility for maintaining a memorial, or a nonprofit entity acting with permission of the public entity, shall have the authority to take proper and appropriate measures, and exercise proper and appropriate means, for the care, preservation, protection, repair, restoration, and renovation of the memorial.
      2. This subdivision (b)(3) shall not be construed to authorize:
        1. Permanent removal or concealment of a memorial; or
        2. Temporary removal or concealment of a memorial for a period exceeding forty-five (45) calendar days in any twelve-month period.
    1. A public entity exercising control of a memorial may petition the commission for a waiver of subdivision (b)(1) or (b)(2), or both, if applicable. A public entity shall petition the commission for a waiver prior to undertaking any action or transaction, including any action or transaction involving a nonprofit entity or private party, that could foreseeably violate the restrictions imposed by this section.
    2. The petition for waiver shall be in writing and shall state the basis upon which the waiver is sought. The petition shall be supported by one (1) or more reports showing that there is a material or substantial need for a waiver based on historical or other compelling public interest. The petition shall also identify by name and address any private entities, groups, or individuals, including, but not limited to, descendants, that may have an interest in receiving notice of the petition. The petition for waiver shall be filed with the commission with proof of public notice as required by subdivision (c)(3).
    3. Prior to filing the petition for waiver, the public entity seeking a waiver shall publish notice of the petition for waiver on the website of the public entity, if any, and in at least one (1) newspaper of general circulation serving the area of the memorial and one (1) in Davidson County. The notice shall state the basis on which the waiver is sought and shall provide that a copy of the petition and all supporting reports will be provided to any interested party at no cost upon written request submitted to the public entity filing or intending to file the petition for waiver.
    4. An initial hearing before the commission on a petition for waiver shall be scheduled at any regular commission meeting no sooner than sixty (60) calendar days after a petition is filed. At the initial hearing, the commission shall determine which interested entities, groups, or individuals should be given written notice by the public entity, including copies of the petition and supporting reports. The public entity may be directed to provide supplemental notice by publication if deemed necessary by the commission. If an amendment to the petition is filed, the public entity shall provide supplemental notice. If supplemental notice is required either by the commission or as a result of an amendment, notice shall be given in the same manner as notice required pursuant to subdivision (c)(3).
    5. A final hearing before the commission on a petition for waiver shall be scheduled at any regular commission meeting no sooner than one hundred eighty (180) calendar days after a petition is filed; provided, that if an amendment to the petition is filed, then no final hearing shall be scheduled until at least one hundred eighty (180) calendar days have elapsed from the date of the filing of the amendment.
    6. An interested entity, group, or individual shall be afforded an opportunity to offer public comments regarding a petition for waiver at any commission hearing on a petition. An interested entity, group, or individual may file a memorandum, report, study, letter, or other document related to the petition for consideration by the commission. In addition, an interested entity, group, or individual may intervene in any petition for waiver by filing written notice with the commission not less than forty-five (45) calendar days prior to the final hearing. Upon filing notice, the interested entity, group, or individual shall be a party in all proceedings on the petition for waiver, shall receive copies of all filings, and may present relevant testimony and evidence at any hearing on the petition. Once notice is filed with the commission, the status of the interested entity, group, or individual as a party to the petition for waiver, and any subsequent or concurrent administrative or judicial proceedings, may only be waived in writing by the interested entity, group, or individual.
    7. All hearings regarding a petition for waiver shall be recorded. Copies of the record and all exhibits shall be available to any interested entity, group, or individual at the cost of the public entity seeking the waiver.
      1. In order for a waiver to be granted, the public entity seeking the waiver shall demonstrate by clear and convincing evidence that a material or substantial need for a waiver based on historical or other compelling public interest exists; provided, that if a memorial is designated as a national historic landmark or listed on the national register of historic places, there shall be a presumption in favor of preservation of the memorial.
      2. At the final hearing, the commission may grant a petition for waiver, in whole or in part, by a two-thirds (2/3) vote of the entire membership of the commission by roll call vote. The commission may include reasonable conditions and instructions to ensure that a memorial is preserved and remains publicly accessible to the greatest extent possible. Any petition for waiver that fails to receive a two-thirds (2/3) vote shall be denied. Within thirty (30) calendar days from the final hearing, the final determination of the commission shall be reduced to writing and shall state the commission's findings and the grounds on which the relief is granted or denied. The effective date of the determination shall be not less than one hundred twenty (120) calendar days after notice of the commission's determination is posted on the website of the commission. Copies of the final determination shall be sent to the public entity seeking the waiver and to each interested entity, group, or individual who testified or submitted evidence at the final hearing.
    8. A public entity seeking a waiver or interested entity, group, or individual who intervened in accordance with subdivision (c)(6) who is aggrieved by the final determination of the commission on the petition for a waiver may file a petition for review in the chancery court of Davidson County or, alternatively, in the county in which the memorial is located or, in the case of a memorial that is located in multiple counties, the county in which the memorial is predominantly located. A petition for review shall be filed within sixty (60) calendar days after notice of the commission's determination is posted on the website of the commission. The court shall conduct a de novo review on the record of the issues. The review shall be conducted without a presumption that the determinations and findings of the commission are correct. Additional evidence may be introduced and considered by the court.
  2. Any entity, group, or individual who can demonstrate a real interest in a memorial through aesthetic, architectural, cultural, economic, environmental, or historic injury, through petition for declaratory order, or through administrative involvement in either the waiver or complaint process, has standing to seek injunctive or other relief in chancery court of Davidson County to enforce this section. To the extent necessary to preserve the status of any memorial prior to a final determination on a waiver or complaint by the commission, administrative law judge, or chancery court, the court shall issue a restraining order or injunction to preserve the memorial and any related public property pending a final ruling on any request for injunctive relief. No bond or other security shall be required for any restraining order or other injunctive relief issued.
    1. This section shall apply to any memorial in existence prior to January 1, 1970, and those lawfully created, erected, named, or dedicated on or after January 1, 1970.
    2. This section shall not apply to any memorial located on public property under the control of, or acquired by, the department of transportation which may interfere with the construction, maintenance, or operation of the public transportation system. The department shall strive to ensure that any memorial is preserved to the greatest extent possible.
    3. This section shall not apply to a memorial that has reached the end of its useful life and is approved for demolition by the state building commission in accordance with § 4-15-102; provided, that, prior to any decision to demolish a memorial designated as a national historic landmark or listed on the register of historic places, the historical commission shall make comments to the state building commission in accordance with § 4-11-111.
    4. This section shall not apply to a memorial under the control of an accredited museum when:
      1. Housed within the interior of the museum, or museum storage facility, located on public property; or
      2. Exhibited or displayed on public property as part of a traveling or temporary exhibition, display, or loan.
    5. This section shall not apply to a memorial under the control of a public library or public archive when:
      1. Housed within the interior of the library or archive, or library or archive storage facility, located on public property; or
      2. Exhibited or displayed on public property as part of a traveling or temporary exhibition, display, or loan.
    1. The commission has authority to receive and consider complaints alleging violations of subdivision (b)(1), (b)(2), or (b)(3)(B).
    2. Complaints may be filed by any entity, group, or individual. All complaints must be in writing on a uniform complaint form to be posted on the website of the commission. Complaints must be filed within one hundred twenty (120) calendar days of the alleged violation.
    3. A hearing on a complaint must be set within one hundred twenty (120) calendar days after the complaint is filed. Multiple complaints alleging the same violation must be joined. The complainant and public entity shall be given at least thirty (30) calendar days' notice of the date of the hearing. The complainant and the public entity shall be afforded the opportunity to present evidence at the hearing. At the hearing, the commission may determine that a violation has occurred by a majority vote of the entire membership of the commission; provided, that if the complainant is a member of the commission, the member shall not participate in the commission's deliberations or vote on the complaint. If a violation has occurred, the commission shall prepare a written violation determination. The complaint shall be deemed dismissed if a violation is not determined to have occurred at the hearing. Once acted upon, no complaint alleging the same, or substantially the same, violation by the same public entity during the same episode shall be received and considered by the commission unless initiated by the commission.
    4. The commission shall transmit a copy of a violation determination to the public entity and to the department of economic and community development.
    5. A public entity that violates any provision of this section shall be precluded from entering into grant contracts administered by the commission and the department of economic and community development for a period of five (5) years from the date upon which a violation determination is made.
  3. The commission, at its discretion, may assist any public entity or historic organization with preservation of a memorial through consultation, best practices, or other available resources.
  4. Notwithstanding any provision of this section, in lieu of a waiver, a historic organization may petition the commission to transfer ownership of, relocate, or both transfer ownership of and relocate, a memorial to the historic organization with the consent of the public entity exercising control over the memorial. The petition must be filed with a copy of a resolution, ordinance, or order from the governing body of the public entity consenting to the transfer, relocation, or both transfer and relocation. The petition must include an assessment of costs associated with the transfer, relocation, or both transfer and relocation, and identify who will be responsible for the costs. If the petition includes relocation, a description or map of the proposed location must be submitted with the petition. A memorial may be relocated only to an accessible and suitable location within this state as determined by the commission. The commission may approve a petition upon a majority vote of the entire membership of the commission.
  5. The Uniform Administrative Procedures Act, compiled in chapter 5 of this title, shall apply to this section except to the extent that the provisions of this section conflict, in which case this section shall control.

Acts 2013, ch. 75, § 2; 2016, ch. 601, § 2; 2017, ch. 201, §§ 1, 2; 2018, ch. 1033, §§ 1-9.

Compiler's Notes. Acts 2013, ch. 75, § 1 provided that the act, which enacted § 4-1-412, shall be known and may be cited as the “Tennessee Heritage Protection Act of 2013.”

A reference to “Korean Conflict” in subdivision (a)(1) has been changed to “Korean War” pursuant to  Acts 2000, ch. 656, § 2.

Acts 2016, ch. 601, § 1, provided that the act, which amended this section, shall be known and may be cited as the “Tennessee Heritage Protection Act of 2016.”

Acts 2016, ch. 601, § 3, provided that the act, which amended this section, is remedial in nature and shall be liberally construed in favor of historical preservation.

Acts 2016, ch. 601, § 4, provided that the act, which amended this section, shall apply to petitions for waiver initiated with the Tennessee historical commission on or after March 11, 2016.

Acts 2018, ch. 1033, § 10, provided that the act, which amended this section, is remedial in nature and shall be liberally construed in favor of historical preservation.

NOTES TO DECISIONS

1. Construction.

Under the 2017 version of the statute, the language authorizing an injunction “prior to a final determination by the commission,” refers to a final determination on a petition for waiver rather than a final “order” or “decision” in a contested case under the Uniform Administrative Procedure Act. Sons of Confederate Veterans v. City of Memphis, — S.W.3d —, 2019 Tenn. App. LEXIS 279 (Tenn. Ct. App. June 4, 2019).

2. Enforcement.

Statute gave the trial court jurisdiction over actions to enforce the Tennessee Heritage Protection Act, yet appellant's complaint was not an action to enforce the Act, there was no final determination pending by the commission, and the city's waiver proceedings were terminated; thus, the trial court had no authority to issue an injunction to preserve the status of the statue. By the time appellant sought a temporary injunction, the statue was no longer on public property and was no longer a memorial whose status could be preserved. Sons of Confederate Veterans v. City of Memphis, — S.W.3d —, 2019 Tenn. App. LEXIS 279 (Tenn. Ct. App. June 4, 2019).

3. Standing.

Appellant had standing to seek relief regarding the statue one, as its complaint averred it had worked to develop, promote and protect all parks, monuments, and memorials in or surrounding the city related in any way to the Civil War and it was involved in waiver request proceedings, but appellant never sought a waiver regarding the parks or statues two and three, and thus had no standing as to them. Sons of Confederate Veterans v. City of Memphis, — S.W.3d —, 2019 Tenn. App. LEXIS 279 (Tenn. Ct. App. June 4, 2019).

4-1-413. Women in STEM month.

The month of August shall be designated “Women in STEM” month to raise awareness of the opportunities for women to pursue a career in a science, technology, engineering, and math (STEM) related field.

Acts 2014, ch. 935, § 1.

Compiler's Notes. For the preamble to the act concerning encouraging women to pursue a career in STEM related fields, please refer to Acts 2014, ch. 935.

4-1-414. Tennessee's Weekend of Prayer Over Students.

The governor shall designate the first weekend in August of each calendar year as “Tennessee's Weekend of Prayer Over Students” on which the people of this state may, in accordance with their own faith and consciences, turn to prayer, meditation, or otherwise give thanks for the students of this state as well as their teachers, administrators, and schools.

Acts 2015, ch. 298, § 1.

Compiler's Notes. For the Preamble to the act concerning prayer for the students of Tennessee, see Acts 2015, ch. 298, § 2.

4-1-415. Tennessee Archaeology Awareness Month.

The month of September shall be designated “Tennessee Archaeology Awareness Month” to encourage all citizens to learn more about prehistoric and historic archaeology in Tennessee.

Acts 2015, ch. 28, § 1.

4-1-416. Carbon Monoxide Awareness Day.

September 18 of each calendar year shall be designated “Carbon Monoxide Awareness Day” to bring awareness to the dangers of carbon monoxide.

Acts 2015, ch. 111, § 1.

Compiler's Notes. For the Preamble to the act concerning the legislative purpose for Carbon Monoxide Awareness Day, see Acts 2015, ch. 111.

4-1-417. Lung Cancer Awareness Month.

The month of November each year shall be designated as “Lung Cancer Awareness Month” in order to promote knowledge within the state concerning lung cancer diagnosis, treatment, and research.

Acts 2015, ch. 299, § 1.

Compiler's Notes. For the Preamble to the act concerning the need for Tennesseeans to be better informed about diagnosis, treatment and research relative to lung cancer, see Acts 2015, ch. 299.

4-1-418. Tennessee Tri-Star General Award.

  1. There is established an award to be known as the “Tennessee Tri-Star General Award.”
    1. The governor may recognize distinguished individuals who have a record of outstanding service to this state or a local subdivision of this state by awarding such individuals the Tennessee Tri-Star General Award. The award shall honor individuals who have demonstrated a high level of service, including, but not limited to: volunteer work or community service; public service; military service; leadership; or charitable, business, or scientific contributions.
    2. Each member of the general assembly may submit one (1) nomination for the award to the governor each calendar year.
    3. The governor may recognize with the award up to five (5) individuals who are not nominated by the general assembly each calendar year.
    4. Nominees must have resided in this state for at least five (5) years.
    5. The award may recognize an individual posthumously; provided, that the individual satisfies all other requirements in this section.
  2. Individuals recognized pursuant to this section shall bear the honorary title of “Tennessee Tri-Star General”. The award shall consist of a certificate bearing the great seal of the state of Tennessee and be signed by the governor and secretary of state.

Acts 2016, ch. 920, § 1.

4-1-419. Tennessee craft beer and cider month.

The month of April is designated as “Tennessee Craft Beer and Cider Month” in recognition of the contributions of Tennessee craft breweries and cideries to this state's economic growth and diversification.

Acts 2017, ch. 136, § 1.

4-1-420. Reelfoot Lake designated Tennessee Heritage Site.

  1. Reelfoot Lake is designated as a Tennessee Heritage Site.
  2. A department or agency of this state may use the terms “Reelfoot Lake” or “Tennessee Heritage Site,” or both, for purposes of publications, advertisements, marketing, and other communications.

Acts 2019, ch. 443, § 1.

Part 5
Three Stars of Tennessee Award

4-1-501. Three Stars of Tennessee Award — What constitutes — When presented — Selection and administration by homeland security council.

  1. This part shall be known as the “Three Stars of Tennessee Award.”
  2. The award shall consist of a plaque and a medal.
  3. The governor or the governor's designee shall present a Three Stars of Tennessee Award to each recipient or surviving next of kin during a public ceremony held on, or as near as practicable to, September 11 of each year.
  4. The Three Stars of Tennessee Award shall be selected and administered by the homeland security council created by Executive Order No. 8 of 2003, within the department of safety.

Acts 2014, ch. 950, § 1.

Compiler's Notes. For the Preamble to the act concerning recognition of peace officers, firefighters, and medical first responders who were either killed or suffered a career-ending injury in the line of duty, please refer to Acts 2014, ch. 950.

4-1-502. Presentation to peace officers or next of kin — Submission of information to council — “Peace officer” defined.

  1. A Three Stars of Tennessee Award shall be awarded to:
    1. A peace officer who suffers a career-ending injury in the line of duty;
    2. The surviving next of kin of a peace officer who is killed or sustains a fatal injury in the line of duty;
    3. A federal law enforcement officer or special agent who suffers a career-ending injury in the line of duty assisting a state or local law enforcement agency; or
    4. The surviving next of kin of a federal law enforcement officer or special agent who sustains a fatal injury while assisting a state or local law enforcement agency in this state.
  2. Any person who has personal knowledge of a peace officer who was killed or suffered a career-ending injury in the line of duty, or a federal law enforcement officer or special agent who was killed or suffered a career-ending injury assisting a state or local law enforcement agency in this state, may submit that information in writing to the council.
  3. As used in this section, “peace officer” means an officer, employee or agent of government who has a duty imposed by law to maintain public order; make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses including laws and regulations pertaining to the forests of this state; and to investigate the commission or suspected commission of offenses.

Acts 2014, ch. 950, § 1.

Compiler's Notes. For the Preamble to the act concerning recognition of peace officers, firefighters, and medical first responders who were either killed or suffered a career-ending injury in the line of duty, please refer to Acts 2014, ch. 950.

4-1-503. Presentation to firefighters or next of kin — Submission of information to council — “Firefighter” defined.

  1. A Three Stars of Tennessee Award shall be awarded to:
    1. A firefighter who suffers a career-ending injury in the line of duty; or
    2. The surviving next of kin of a firefighter who is killed or sustains a fatal injury in the line of duty.
  2. Any person who has personal knowledge of a firefighter who, in the line of duty was killed or suffered a career-ending injury may submit that information in writing to the council.
  3. As used in this section, “firefighter” means any full-time, part-time, or volunteer firefighter hired or accepted as a firefighter by a fire department recognized under the Fire Department Recognition Act, compiled in title 68, chapter 102, part 3 and meets the minimum training requirements of § 4-24-112.

Acts 2014, ch. 950, § 1.

Compiler's Notes. For the Preamble to the act concerning recognition of peace officers, firefighters, and medical first responders who were either killed or suffered a career-ending injury in the line of duty, please refer to Acts 2014, ch. 950.

4-1-504. Presentation to medical first responders or next of kin — Submission of information to council — “Medical first responder” defined.

  1. A Three Stars of Tennessee Award shall be awarded to:
    1. A medical first responder who suffered a career-ending injury in the line of duty; or
    2. The surviving next of kin of a medical first responder who is killed or sustains a fatal injury in the line of duty.
  2. Any person who has personal knowledge of a medical first responder who was killed or suffered a career-ending injury in the line of duty may submit that information in writing to the council.
  3. As used in this section, “medical first responder” means emergency services personnel or other person who responds to calls for emergency medical assistance from a 911 call.

Acts 2014, ch. 950, § 1.

Compiler's Notes. For the Preamble to the act concerning recognition of peace officers, firefighters, and medical first responders who were either killed or suffered a career-ending injury in the line of duty, please refer to Acts 2014, ch. 950.

Chapter 2
Boundaries

4-2-101. North Carolina boundary.

The boundaries of this state, as defined by the cession act of North Carolina, and embodied in the Constitutions of 1796, of 1834 and of 1870, article I, § 31, are as follows: Beginning on the extreme height of the Stone Mountain, at the place where the line of Virginia intersects it, in latitude thirty-six degrees and thirty minutes (36° 30') north; running thence along the extreme height of that mountain to the place where the Watauga River breaks through it; thence, a direct course, to the top of the Yellow Mountain, where Bright's Road crosses it; thence along the ridge of that mountain, between the waters of Doe River and the waters of Rock Creek, to the place where the road crosses the Iron Mountain; from thence along the extreme height of that mountain to the place where the Nolichucky River runs through it; thence to the top of the Bald Mountain; thence along the extreme height of that mountain to the Painted Rock, on French Broad River; thence along the highest ridge of that mountain to the place where it is called the Great Iron or Smoky Mountain; thence along the extreme height of that mountain to the place where it is called Unicoi or Unaka Mountain, between the Indian towns of Cowee and Old Chota; thence along the main ridge of that mountain to the southern boundary of North Carolina, including all the territory, lands and waters lying west of that line, and contained within the chartered limits of the state of North Carolina before the cession.

Code 1858, § 60; Shan., § 71; Code 1932, § 82; T.C.A. (orig. ed.), § 4-201.

Cross-References. Acts fixing boundaries left unrepealed, § 1-2-105.

Boundaries of state, Tenn. Const., art. I, § 31.

Textbooks. Tennessee Jurisprudence, 5 Tenn. Juris., Boundaries, § 1.

4-2-102. Commissioners' North Carolina boundary.

The boundary line between this state and the state of North Carolina, as run by commissioners appointed for the purpose of running and marking the same, begins at a stone set up on the north side of Cataloochee Turnpike Road, and marked on the west side, “Ten., 1821,” and on the east side, “N.C., 1821”; running thence in a southwestwardly course to the Bald Rock, on the summit of the Great Iron or Smoky Mountain, and continuing southwestwardly on the extreme height thereof to where it strikes Tennessee River, about seven (7) miles above the old Indian town of Tallassee, crossing Porter's Gap at the distance of twenty-two (22) miles from the beginning, passing Meigs' boundary line at thirty-one and one-half (31 ½) miles, the Equovettly path at fifty-three (53) miles and crossing Tennessee River at the distance of sixty-five (65) miles from the beginning; from Tennessee River to the main ridge, and along the extreme height of the same to the place where it is called Unicoi or Unaka Mountain, striking the old trading path leading from the Valley Towns to the Overhills Towns, near the head of the west fork of Tellico River, and at the distance of ninety-three (93) miles from the beginning; thence along the extreme height of Unicoi or Unaka Mountain to the southwest end thereof, at the Unicoi or Unaka Turnpike Road, where a cornerstone is set up, marked “Ten.” on the west side and “N.C.” on the east side, and where a hickory tree is also marked on the south side, “Ten. 101 M.,” and on the north side, “N.C. 101 M.,” being one hundred one (101) miles from the beginning; from thence a due course south two (2) miles and two hundred fifty-two (252) poles to a spruce pine on the north bank of the Hiwassee River below the mouth of Cane Creek; thence up that river the same course about one (1) mile, and crossing the same to a maple, marked “W.D.” and “R.A.,” on the south bank of the river; thence continuing the same course due south eleven (11) miles and two hundred seventy-three (273) poles to the southern boundary of the states of Tennessee and North Carolina, making in all one hundred sixteen (116) miles and two hundred twenty-three (223) poles from the beginning, and striking the southern boundary line twenty-three (23) poles west of a tree in that line, marked “72 M.,” where was set up by the commissioners a square post, marked on the west side “Ten., 1821,” and on the east side, “N.C., 1821,” and on the south, “G.”

Code 1858, § 61 (deriv. Acts 1821, ch. 35); Shan., § 72; Code 1932, § 83; T.C.A. (orig. ed.), § 4-202.

Compiler's Notes. The North Carolina commissioners in 1799 began at the Virginia line and ran the boundary line to the top of a high pinnacle of the Smoky Mountain beyond the French Broad River, where they stopped. The joint commissioners of North Carolina and Tennessee in 1821 began at the termination of the line run by the North Carolina commissioners and surveyed to the Georgia line. See McCarty v. Carolina Lumber Co., 134 Tenn. 35, 182 S.W. 909, 1915 Tenn. LEXIS 146 (1915).

Textbooks. Tennessee Jurisprudence, 5 Tenn. Juris., Boundaries, § 1; 22 Tenn. Juris., State, § 4.

4-2-103. Virginia boundary.

The boundary line between this state and the state of Virginia begins on the summit of the White Top Mountain, at the termination of the northeast corner of this state, running thence a due west course to the top of the Cumberland Mountain, where the southwestern corner of the state of Virginia terminates, equidistant from the lines called Walker's and Henderson's.

Code 1858, § 62 (deriv. Acts 1803, ch. 58, § 1); Acts 1889, ch. 222, § 1; Shan., § 73; Code 1932, § 84; T.C.A. (orig. ed.), § 4-203.

Compiler's Notes. Walker's line is one run by Virginia commissioners in 1780, and Henderson's line is one run by North Carolina commissioners in what is now Tennessee in pursuance of Acts 1779 (Apr.), ch. 16. These two lines resulted from the disagreement of the commissioners representing the respective states, and are about two miles apart. See Parker v. Claiborne, 32 Tenn. 565 (1852).

By compact between Virginia and Tennessee, it was agreed that a line equally distant from Walker's line and Henderson's line should be the true boundary line between them, which line was run and marked in pursuance of statutes of each state in 1802 and confirmed by Acts 1803, ch. 58. See Campbell v. Crockett, 16 Tenn. 225 (1835); Lessee of Brock v. Burchett, 32 Tenn. 27 (1852); Parker v. Claiborne, 32 Tenn. 565 (1852); Sharp v. Van Winkle, 80 Tenn. 15 (1883).

Acts 1901, ch. 85 ceded a narrow strip of land within the city of Bristol to the state of Virginia.

Textbooks. Tennessee Jurisprudence, 5 Tenn. Juris., Boundaries, § 1; 22 Juris., State, § 4.

NOTES TO DECISIONS

1. Boundary Line.

The boundary line established by compact between Virginia and Tennessee is the real, certain and true boundary between the states, except as modified by Acts 1901, ch. 85. Virginia v. Tennessee, 148 U.S. 503, 13 S. Ct. 728, 37 L. Ed. 537, 1893 U.S. LEXIS 2248 (1893); Tennessee v. Virginia, 177 U.S. 501, 20 S. Ct. 715, 44 L. Ed. 863, 1900 U.S. LEXIS 1819 (1900); Tennessee v. Virginia, 190 U.S. 64, 23 S. Ct. 827, 47 L. Ed. 956, 1903 U.S. LEXIS 1541 (1903).

2. Land in Disputed Territory — Statute of Limitations.

By the compact between Tennessee and Virginia, the grants of either state for lands lying within the disputed territory that might fall into either state by the ascertainment of the boundary line between them were ratified and made binding, so as to secure the claims or titles of the owners claiming under such grants; but the statute of limitations of Tennessee did not commence to operate as to lands falling within its limits by the establishment of the boundary line until the line was so established. Robinson v. Campbell, 16 U.S. 212, 4 L. Ed. 372, 1818 U.S. LEXIS 358 (1818); Lessee of Pollard's Heirs v. Kibbe, 39 U.S. 353, 10 L. Ed. 490, 1840 U.S. LEXIS 378 (1840).

4-2-104. Kentucky boundary.

  1. The boundary line between this state and the state of Kentucky, as run by commissioners for this state and the state of Kentucky, appointed for the purpose of running and marking the same, runs as is set forth in detail in Acts 1821, chapter 44; 1857-1858, chapter 26; 1859-1860, chapter 79.
  2. All the intervening marks and monuments made and set up by duly authorized boundary commissioners heretofore or hereafter appointed shall be the only lawful boundary between this state and the state of Kentucky, and all the lands lying and inhabitants residing south of that boundary line are, and shall be, subject to the laws and jurisdiction of this state.
  3. It is a Class C misdemeanor to alter, deface, disfigure, change, remove or destroy any of these marks or monuments.
  4. Land titles shall not be affected in any manner by the establishment of the state line described as the boundary between the two (2) states.

Acts 1859-1860, ch. 79, §§ 2-5; Shan., §§ 74-77; Code 1932, §§ 85-88; mod. C. Supp. 1950, § 86; T.C.A. (orig. ed.), § 4-204; Acts 1989, ch. 591, § 113.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

Textbooks. Tennessee Jurisprudence, 5 Tenn. Juris., Boundaries, § 1; 22 Tenn. Juris., State, § 4.

NOTES TO DECISIONS

1. Compact Establishing Boundary.

The compact between Tennessee and Kentucky, fixing and establishing Walker's line as the boundary line between them, made in 1820 and confirmed by congress, was valid and binding upon the states, and the ratification of the grants issued by the states in the disputed territory operated to give validity to the grants. Poole v. Lessee of Fleeger, 36 U.S. 185, 9 L. Ed. 680, 1837 U.S. LEXIS 174 (1837).

2. Lands Granted by Compact — Statute of Limitations.

Under the fifth article of the compact of February 2, 1820, between Tennessee and Kentucky, providing that all vacant and unappropriated lands east of the Tennessee River, and north of the parallel of latitude 36 degrees 30 minutes north, “shall be the property of and subject to the disposition of the state of Kentucky,” such lands were “granted by this state,” within the meaning and protection of the statute of limitations applicable to lands granted by the state of Tennessee. Sharp v. Vanwinkle, 80 Tenn. 15, 1883 Tenn. LEXIS 134 (1883); American Asso. v. Williams, 166 F. 17, 1908 U.S. App. LEXIS 4831 (6th Cir. Tenn. 1908).

4-2-105. Georgia boundary.

The boundary line between this state and the state of Georgia begins at a point in the true parallel of the thirty-fifth degree of north latitude, as found by James Carmack, mathematician on the part of the state of Georgia, and James S. Gaines, mathematician on the part of this state, on a rock about two feet (2') high, four inches (4") thick, and fifteen inches (15") broad, engraved on the north side thus: “June 1st, 1818, Var. 6¾ East,” and on the south side thus: “Geo. 35 North, J. Carmack,” which rock stands one (1) mile and twenty-eight (28) poles from the south bank of the Tennessee River, due south from near the center of the old Indian town of Nick-a-Jack, and near the top of the Nick-a-Jack Mountain at the supposed corner of the states of Georgia and Alabama; thence running due east, leaving old D. Ross two (2) miles and eighteen (18) yards in this state, and leaving the house of John Ross about two hundred (200) yards in the state of Georgia, and the house of David McNair one (1) mile and one-fourth (¼) of a mile in this state, with blazed and mile-marked trees, lessening the variation of the compass by degrees, closing it at the termination of the line on the top of the Unicoi Mountain at five and one-half degrees (5½°).

Code 1858, § 67; Shan., § 78; Code 1932, § 89; T.C.A. (orig. ed.), § 4-205.

Textbooks. Tennessee Jurisprudence, 5 Tenn. Juris., Boundaries, § 1.

Law Reviews.

Crossing the Line: Does the Georgia Plan to Redraw the Tennessee-Georgia Border Pass Legal Muster? (Crews Townsend, Zachary H. Greene, Alison Martin, Robert F. Parsley and Joseph Y. McCoin III), 44 Tenn. B.J. 14 (2008).

4-2-106. Mississippi boundary.

The boundary line between this state and the state of Mississippi begins at a point on the west bank of the Tennessee River, six (6) four-pole chains south or above the mouth of Yellow Creek, and about three-quarters (¾) of a mile north of the line known as Thompson's line, and twenty-six (26) chains and ten (10) links north of Thompson's line, at the basis meridian of the Chickasaw surveys, and terminating at a point on the east bank of the Mississippi River, opposite Cow Island, sixteen (16) chains north of Thompson's line, being the line marked by commissioners appointed for the two (2) states, as the thirty-fifth degree of north latitude.

Code 1858, § 68 (deriv. Acts 1837-1838, ch. 7); Shan., § 79; Code 1932, § 90; T.C.A. (orig. ed.), § 4-206.

Textbooks. Tennessee Jurisprudence, 5 Tenn. Juris., Boundaries, § 1.

NOTES TO DECISIONS

1. Land in Disputed Territory.

In proceeding in Mississippi court seeking cancellation of defendant's claim to certain lands that complainants alleged lay entirely in Mississippi but that defendant alleged lay partially in Tennessee, records of proceedings in Tennessee court in which the location of the state boundary was involved should have been admitted in evidence to refute complainants' claim as to the location of the boundary. Brown v. Jarratt, 228 Miss. 338, 87 So. 2d 874, 1956 Miss. LEXIS 521 (1956).

4-2-107. Missouri and Arkansas boundaries.

The western boundary of this state is the middle of the stream of the Mississippi River, including within this state all such islands as are held under grants from the states of Tennessee and North Carolina.

Code 1858, § 69; Shan., § 80; Code 1932, § 91; T.C.A. (orig. ed.), § 4-207.

Cross-References. Criminal jurisdiction over Mississippi River, §§ 4-1-103, 4-1-104.

Textbooks. Tennessee Jurisprudence, 5 Tenn. Juris., Boundaries, § 1; 22 Tenn. Juris., State, § 4.

NOTES TO DECISIONS

1. Boundary.

The boundary line between Arkansas and Tennessee, changes by avulsion disregarded, is the middle of the main navigable channel of the Mississippi River, in the absence of a special convention between such states, or long use equivalent thereto. Arkansas v. Tennessee, 246 U.S. 158, 38 S. Ct. 301, 62 L. Ed. 638, 1918 U.S. LEXIS 1531 (1918).

The boundary line is the middle of the main channel of navigation of the Mississippi River (as distinguished from a line midway between the visible and fixed banks of the stream) as it was at the time when the current ceased to flow therein as a result of the avulsion of 1876, and without regard to changes in the banks or channel that had occurred through the natural and gradual processes of erosion and accretion prior to the avulsion. Cissna v. Tennessee, 246 U.S. 289, 38 S. Ct. 306, 62 L. Ed. 720, 1918 U.S. LEXIS 1547 (1918).

2. Avulsion.

The change made in its channel by the Mississippi River in 1876 at Centennial Cut-Off was an avulsion and the boundary line between the states of Tennessee and Arkansas remained where it was originally fixed, in the middle of the abandoned channel. Stockley v. Cissna, 119 Tenn. 135, 104 S.W. 792, 1907 Tenn. LEXIS 5 (1907); Laxon v. State, 126 Tenn. 302, 148 S.W. 1059, 1912 Tenn. LEXIS 55 (Tenn. Apr. 1912).

When a navigable stream forming the boundary line between states, from any cause, natural or artificial, suddenly leaves its old bed and forms a new one, by the process known as an avulsion, the boundary line between the states is unaffected and remains in the middle of the former main channel of navigation. Arkansas v. Tennessee, 246 U.S. 158, 38 S. Ct. 301, 62 L. Ed. 638, 1918 U.S. LEXIS 1531 (1918).

Where a running stream forms an interstate boundary, if the bed and channel are changed by the natural and gradual processes of erosion and accretion, the boundary follows the varying course of the stream; while if the stream suddenly leaves its old bed and forms a new one, the resulting change of channel works no change of boundary, which remains in the middle of the old channel although no water is flowing in it. Cissna v. Tennessee, 246 U.S. 289, 38 S. Ct. 306, 62 L. Ed. 720, 1918 U.S. LEXIS 1547 (1918).

Chapter 3
Creation, Organization and Powers of Administrative Departments and Divisions

Part 1
General Provisions

4-3-101. Administrative departments and divisions — Creation.

There are created and established the following administrative departments of state government:

  1. Department of agriculture;
  2. Department of audit;
  3. Department of children's services;
  4. Department of commerce and insurance;
  5. Department of correction;
  6. Department of economic and community development;
  7. Department of education;
  8. Department of environment and conservation;
  9. Department of finance and administration;
  10. Department of financial institutions;
  11. Department of general services;
  12. Department of health;
  13. Department of human resources;
  14. Department of human services;
  15. Department of intellectual and developmental disabilities;
  16. Department of labor and workforce development;
  17. Department of mental health and substance abuse services;
  18. Department of revenue;
  19. Department of safety;
  20. Department of state;
  21. Department of tourist development;
  22. Department of transportation;
  23. Department of the treasury;
  24. Department of veterans services; and
  25. Legal department.

Acts 1923, ch. 7, §§ 1, 24; Shan. Supp., §§ 373a30, 373a62; Acts 1929, ch. 22, § 1; Code 1932, §§ 255, 286, 9950; Acts 1933, ch. 92, § 1(12); 1937, ch. 33, §§ 1, 5, 15, 31; 1939, ch. 11, §§ 1, 10, 16; 1945, ch. 28, § 1; 1945, ch. 34, § 1; 1945, ch. 40, § 1; 1947, ch. 29, § 10; C. Supp. 1950, §§ 255.1, 255.5, 255.15; Acts 1953, ch. 27, § 1; 1953, ch. 163, § 1; 1955, ch. 102, § 1; 1959, ch. 9, §§ 2, 3, 5-7, 9, 11, 14; 1961, ch. 97, §§ 1, 5; 1963, ch. 169, §§ 1, 3; 1971, ch. 137, § 1; 1972, ch. 543, §§ 3, 7, 10; 1972, ch. 829, § 18; 1972, ch. 852, §§ 4, 15; 1973, ch. 294, § 2; 1975, ch. 219, § 1(a); 1975, ch. 248, § 1(a); 1975, ch. 249, § 1(a); 1976, ch. 468, § 3; T.C.A. (orig. ed.), § 4-301; Acts 1983, ch. 216, § 1; 1983, ch. 311, § 1; 1983, ch. 472, § 1; 1989, ch. 278, § 16; 1991, ch. 289, § 1; 1991, ch. 448, § 1; 1996, ch. 1079, § 17; 1999, ch. 520, §§ 15, 16; 2000, ch. 947, § 6; 2007, ch. 60, § 1; 2010, ch. 1100, §§ 3, 4; 2012, ch. 575, § 1; 2015, ch. 24, §§ 3, 7.

Compiler's Notes. The department of agriculture, created by this section and § 4-3-201, terminates June 30, 2022. See §§ 4-29-112, 4-29-243.

The department of children's services, created by this section and § 37-5-101, terminates June 30, 2021. See §§ 4-29-112, 4-29-242.

The department of commerce and insurance, created by this section and § 4-3-1301, terminates June 30, 2023. See §§ 4-29-112, 4-29-244.

The department of correction, created by this section and § 4-3-601, terminates June 30, 2024. See §§ 4-29-112, 4-29-245.

The department of economic and community development, created by this section and § 4-3-701, terminates June 30, 2021. See §§ 4-29-112, 4-29-242.

The department of education, created by § 4-3-801 and this section, terminates June 30, 2022. See §§ 4-29-112, 4-29-243.

The department of environment and conservation, created by this section and § 4-3-501, terminates June 30, 2023. See §§ 4-29-112, 4-29-244.

The department of finance and administration, created by this section and § 4-3-1001, terminates June 30, 2024. See §§ 4-29-112, 4-29-245.

The department of financial institutions, created by this section and § 4-3-401, terminates June 30, 2024. See §§ 4-29-112, 4-29-245.

The department of general services, created by this section and § 4-3-1101, terminates June 30, 2024. See §§ 4-29-112, 4-29-245.

The department of health, created by this section and § 4-3-1801, terminates June 30, 2023. See §§ 4-29-112, 4-29-244.

The department of human resources, created by this section and § 4-3-1701, terminates June 30, 2023. See §§ 4-29-112, 4-29-244.

The department of human services, created by this section and § 4-3-1201, terminates June 30, 2022. See §§ 4-29-112, 4-29-243.

The department of intellectual and developmental disabilities, created by this section and § 4-3-2701, terminates June 30, 2023. See §§ 4-29-112, 4-29-244.

The department of labor and workforce development, created by this section and § 4-3-1403, terminates June 30, 2024. See §§ 4-29-112, 4-29-245.

The department of mental health and substance abuse services, created by this section and § 4-3-1601, terminates June 30, 2021. See §§ 4-29-112, 4-29-242.

The department of revenue, created by this section and § 4-3-1901, terminates June 30, 2022. See §§ 4-29-112, 4-29-243.

The department of safety, created by this section and § 4-3-2001, terminates June 30, 2023. See §§ 4-29-112, 4-29-244.

Acts 2014, ch. 773, § 3 provided that the division of state audit shall return to the department of safety in 2016 for the purpose of conducting a limited audit to review actions taken by the department to address the issues raised in the findings of the October 2013 performance audit report. The division of state audit shall complete the limited audit within a period sufficient to allow for its review by the government operations joint subcommittee on judiciary and government no later than December 1, 2016.

The department of tourist development, created by this section and § 4-3-2201, terminates June 30, 2022. See §§ 4-29-112, 4-29-243.

The department of transportation, created by this section and § 4-3-2301, terminates June 30, 2024. See §§ 4-29-112, 4-29-245.

The department of veterans services, created by this section and § 4-3-2501, terminates June 30, 2022. See §§ 4-29-112, 4-29-243.

Acts 2007, ch. 60, § 3 provided that the references to the department of personnel are changed to the department of human resources, effective April 24, 2007.

For transfer of certain TennCare-related functions from the department of finance and administration to the department of health. See Executive Orders Nos. 1 (January 26, 1995) and 11 (January 7, 1997).

For transfer of the TennCare program and its related functions and administrative support from the department of health to the department of finance and administration, see Executive Order No. 23 (October 19, 1999).

For an Order establishing the Tennessee Title VI Compliance Commission, see Executive Order No. 34 (August 9, 2002).

Acts 2010, ch. 1100, § 153 provided that the commissioner of mental health and developmental disabilities, the commissioner of mental health, the commissioner of intellectual and developmental disabilities, and the commissioner of finance and administration are authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2011, ch. 476, § 3 provided that the division of state audit in the office of the comptroller of the treasury shall provide its findings to the house of representatives and senate government operations committees by July 1, 2013, on the department of education’s responses to the findings and recommendations in the January, 2011, performance audit of the department of education.

Acts 2015, ch. 18, § 3 provided that the Department of Health shall appear before the Government Operations Joint Evaluation Committee on Education, Health and General Welfare no later than December 31, 2015, to update the Committee on the Department’s progress in addressing the findings set forth in the November 2014 performance audit report.

Acts 2015, ch. 24,  § 7 provided that the Tennessee Code Commission is requested to change references in Tennessee Code Annotated, as volumes are replaced and supplements are issued, from “veterans’ affairs” and “veterans affairs” to “veterans services” wherever the language appears in reference to the name or commissioner of the Tennessee department of veterans services.

Acts 2015, ch. 63, § 3 provided that the department of correction shall appear before the government operations joint evaluation committee on judiciary and government no later than October 1, 2015, to update the committee on the department’s progress in addressing the findings set forth in the September 2014 performance audit report.

Acts 2015, ch. 129, § 3 provides that the Department of Education shall appear before the Government Operations Joint Evaluation Committee on Education, Health and General Welfare no later than December 1, 2015, to update the Committee on the Department’s progress in addressing the findings set forth in the November 2014 performance audit report.

Acts 2019, ch. 336, § 3 provides that the department of education shall appear before the government operations joint evaluation committee on education, health and general welfare no later than March 15, 2019, to update the committee on the department's progress in addressing the findings set forth in the December 2018 performance audit report.

Cross-References. Annual departmental reports prepared by administrative department head, § 4-4-114.

Department of agriculture created, § 4-3-201.

Department of audit created, § 4-3-301.

Department of children's services created, § 37-5-101.

Department of commerce and insurance created, § 4-3-1301.

Department of correction created, § 4-3-601.

Department of economic and community development created, § 4-3-701.

Department of education created, § 4-3-801.

Department of environment and conservation created, § 4-3-501.

Department of finance and administration created, § 4-3-1001.

Department of financial institutions created, § 4-3-401.

Department of general services created, § 4-3-1101.

Department of health created, § 4-3-1801.

Department of human resources created, § 4-3-1701.

Department of human services created, § 4-3-1201.

Department of intellectual and developmental disabilities created, § 4-3-2701 et seq.

Department of labor and workforce development created, § 4-3-1403.

Department of mental health and substance abuse services, § 4-3-1601.

Department of revenue created, § 4-3-1901.

Department of safety created, § 4-3-2001.

Department of state created, § 4-3-2101.

Department of the treasury created, § 4-3-2401.

Department of tourist development created, § 4-3-2201.

Department of transportation created, § 4-3-2301.

Department of veterans services created, § 4-3-2501.

Legal department created, § 4-3-1501.

Textbooks. Tennessee Jurisprudence, 5 Tenn. Juris., Boundaries, § 1; 22 Tenn. Juris., State, § 5.

Law Reviews.

The Independent Agency After Bowsher v. Synar — Alive and Kicking, 40 Vand. L. Rev. 903 (1987).

4-3-102. Control of state buildings.

Notwithstanding any other law to the contrary, the legislative branch of state government and the judicial branch of state government maintain control of the state buildings occupied predominantly by the legislative branch and the judicial branch, respectively.

Acts 2016, ch. 1031, § 1.

Compiler's Notes. Former § 4-3-102 (Acts 1965, ch. 244, §§ 1, 2; 1970, ch. 477, §§ 1-3), concerning the staff division for urban and federal affairs, was repealed by Acts 1980, ch. 572, § 1, effective July 1, 1980.

4-3-103. Powers and duties of departments.

These departments shall be vested respectively with such powers and required to perform such duties as are set forth in this chapter and shall be charged with the administration, execution and performance of such laws as the general assembly may enact from time to time.

Acts 1923, ch. 7, § 1; Shan. Supp., § 373a31; Code 1932, § 25; Acts 1937, ch. 33, § 1; 1939, ch. 11, § 1; C. Supp. 1950, § 255.1; T.C.A. (orig. ed.), § 4-301.

4-3-104. Name changes of departments and divisions.

  1. References appearing elsewhere in this code to the department of accounts, the department of the budget or to the office of the state property administrator are deemed references to the department of finance and administration.
  2. References to the department of finance and taxation are deemed references to the department of revenue.
  3. References to the department of highways and public works when relating to public buildings are deemed references to the department of general services.
  4. References to the department of highways and public works, except when relating to public buildings, and references to the bureau of aeronautics, the bureau of highways and the mass transit bureau are deemed references to the department of transportation.
  5. References to the department of institutions are deemed references to the department of correction.
  6. References to the department of insurance and banking are deemed references to the department of commerce and insurance.
  7. References to the department of local finance or division of local finance are deemed references to the office of the comptroller of the treasury.
  8. References to the department of public welfare are deemed references to the department of human services.
  9. References to the department of standards and purchases are deemed references to the department of general services.
  10. References to the staff division of industrial development are deemed references to the industrial development division of the department of economic and community development.
  11. References to the division of hotel and restaurant inspection of the department of conservation are deemed references to the hotel and restaurant division of the department of tourist development.
  12. References to the staff division of veterans' affairs and references to the department of veterans' affairs are deemed references to the department of veterans services.
  13. References to the state educational agency for surplus property are deemed references to the department of general services.
  14. References to the tourism development division of the department of economic and community development are deemed references to the tourism division of the department of tourist development.
  15. References to the department of banking are deemed references to the department of financial institutions.
  16. References in title 45, chapter 5, except in § 45-5-304(a)(4), to the department of commerce and insurance are deemed to be references to the department of financial institutions.
  17. References to the department of insurance are deemed references to the department of commerce and insurance.
  18. References to the department of public health are deemed references to the department of health.
  19. References to the department of health and environment are deemed references to the department of health.
  20. References to the department of conservation are deemed references to the department of environment and conservation.
  21. References to the department of labor are deemed references to the department of labor and workforce development.
  22. References to the department of employment security are deemed references to the department of labor and workforce development.
  23. References to the department of personnel are deemed references to the department of human resources.
  24. References to the board of probation and parole are deemed references to the board of parole.
  25. References to the elevator division, division of mines, labor standards division, and division of boiler and elevator inspection, are deemed references to the department of labor and workforce development.

Acts 1955, ch. 102, § 1; 1959, ch. 9, §§ 3, 8, 14; 1961, ch. 97, § 3; 1971, ch. 137, § 1; 1972, ch. 543, §§ 5, 7, 9, 12; 1972, ch. 829, § 7; 1972, ch. 852, § 12; 1975, ch. 219, § 1(b); 1975, ch. 248, §§ 1(b), 1(f); 1975, ch. 249, §§ 1(b), 3; 1976, ch. 468, § 2; T.C.A. § 4-301; Acts 1981, ch. 264, §§ 12, 17, 19, 22; 1983, ch. 216, § 2; 1983, ch. 274, § 22; 1983, ch. 311, § 2; 1983, ch. 442, § 4; 1983, ch. 472, § 2; 1991, ch. 289, § 2; 1991, ch. 448, § 2; 1999, ch. 520, § 17; 2000, ch. 947, § 6; 2007, ch. 60, § 2; 2010, ch. 868, § 2; 2010, ch. 1100 § 5; 2012, ch. 727, § 1; 2015, ch. 24, §§ 5, 7; 2016, ch. 599, § 1.

Compiler's Notes. Acts 2010, ch. 1100, § 153 provided that the commissioner of mental health and developmental disabilities, the commissioner of mental health, the commissioner of intellectual and developmental disabilities, and the commissioner of finance and administration are authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

For the preamble to the act concerning transfers of certain functions relating to probation and parole services and the community correction grant program from the board of probation and parole to the department of correction, please refer to Acts 2012, ch. 727.

Acts 2012, ch. 727, § 63 provided that the implementation of the act, which added subsection (z) (now (x)), shall be fully accomplished on or before January 1, 2013.

Acts 2015, ch. 24,  § 7 provided that the Tennessee Code Commission is requested to change references in Tennessee Code Annotated, as volumes are replaced and supplements are issued, from “veterans’ affairs” and “veterans affairs” to “veterans services” wherever the language appears in reference to the name or commissioner of the Tennessee department of veterans services.

4-3-105. Criminal history investigations of employees and contractors with access to federal tax information.

  1. The administrative departments of state government are authorized, as necessary to comply with internal revenue service Publication 1075, including amendments thereto and publications replacing Publication 1075, to obtain state and national criminal history background checks and investigations performed by the Tennessee bureau of investigation and the federal bureau of investigation on all employees and contractors with access to federal tax information.
  2. An employee or contractor of any administrative department of state government with access to or that uses federal tax information must:
    1. Agree to a local background check and the release of all investigative records to the state government for the purpose of verifying criminal history information; and
    2. Supply a fingerprint sample and submit to a state criminal history background check and investigation to be conducted by the Tennessee bureau of investigation, and then submit to a national criminal history background check to be conducted by the federal bureau of investigation.
  3. Except as otherwise provided in this subsection (c), a state administrative department shall pay any costs incurred to conduct background checks and investigations requested by the department. The state administrative department may require a person or entity contracting with the department to pay the costs associated with the background investigations for all employees of the contractor. The requirement may be a condition of the contract with the department. Payment must be made in accordance with § 38-6-103.
  4. Each state administrative department required to conduct background checks and investigations pursuant to this section shall establish written policies concerning the implementation and use of the background checks and investigations conducted pursuant to this section.

Acts 2017, ch. 343, § 1.

4-3-106. Notice of outsourcing of facilities management services — Facilities management status report.

  1. Not less than thirty (30) days before a department or agency of state government executes a state professional facilities management contract for services within a state legislative district that would result in the outsourcing of facilities management services to private, nonstate government entities, the respective department or agency shall notify each member of the general assembly representing such district of the contract.
  2. In addition, on an annual basis, the department of general services shall provide a facilities management status report to the governor, speaker of the senate, and speaker of the house of representatives. The report shall include, but not be limited to, the following information:
    1. The departments or agencies executing a state contract for professional facilities management;
    2. The number of state employees impacted by such contract;
    3. The estimated cost savings of such contract; and
    4. The cost savings realized by any such contract in place for one (1) year or greater.

Acts 2017, ch. 469, § 6.

4-3-107 — 4-3-110. [Reserved.]

There shall be a chief executive officer of each of the administrative departments of state government created by § 4-3-101, which shall be as follows:

  1. Attorney general and reporter, for the legal department;
  2. Commissioner of agriculture, for the department of agriculture;
  3. Commissioner of children's services, for the department of children's services;
  4. Commissioner of commerce and insurance, for the department of commerce and insurance;
  5. Commissioner of correction, for the department of correction;
  6. Commissioner of economic and community development, for the department of economic and community development;
  7. Commissioner of education, for the department of education;
  8. Commissioner of environment and conservation, for the department of environment and conservation;
  9. Commissioner of finance and administration, for the department of finance and administration;
  10. Commissioner of financial institutions, for the department of financial institutions;
  11. Commissioner of general services, for the department of general services;
  12. Commissioner of health, for the department of health;
  13. Commissioner of human resources, for the department of human resources;
  14. Commissioner of human services, for the department of human services;
  15. Commissioner of intellectual and developmental disabilities, for the department of intellectual and developmental disabilities;
  16. Commissioner of labor and workforce development, for the department of labor and workforce development;
  17. Commissioner of mental health and substance abuse services, for the department of mental health and substance abuse services;
  18. Commissioner of revenue, for the department of revenue;
  19. Commissioner of safety, for the department of safety;
  20. Commissioner of tourist development, for the department of tourist development;
  21. Commissioner of transportation, for the department of transportation;
  22. Commissioner of veterans services, for the department of veterans services;
  23. Comptroller of the treasury, for the department of audit;
  24. Secretary of state, for the department of state; and
  25. State treasurer, for the department of treasury.

Acts 1923, ch. 7, §§ 2, 24; 1925, ch. 115, § 4; Shan. Supp., §§ 373a32, 373a62, 1487a19; Acts 1929, ch. 22, § 1; Code 1932, §§ 257, 286, 2310, 9950; Acts 1933, ch. 92, § 1(12); 1937, ch. 33, §§ 2, 15; 1939, ch. 11, §§ 2, 10; 1945, ch. 6, § 1; 1945, ch. 28, §§ 2, 3; 1945, ch. 34, § 2; 1945, ch. 40, § 4; 1947, ch. 29, § 10; C. Supp. 1950, §§ 255.2, 255.15; Acts 1953, ch. 27, § 2; 1953, ch. 163, § 1; impl. am. Acts 1955, ch. 102, § 1; Acts 1959, ch. 9, §§ 2, 3, 5-7, 9, 11, 14; 1961, ch. 97, §§ 2, 5; impl. am. Acts 1963, ch. 169, § 3; Acts 1971, ch. 137, § 2; 1972, ch. 543, §§ 4, 7, 11; 1972, ch. 829, § 19; 1972, ch. 852, §§ 6, 16; 1973, ch. 294, § 3; 1975, ch. 219, § 2(a); 1975, ch. 248, § 1(c); impl. am. Acts 1975, ch. 249, § 1(a); Acts 1976, ch. 468, § 4; T.C.A. (orig. ed.), § 4-302; Acts 1983, ch. 216, § 3; 1983, ch. 311, § 3; 1983, ch. 472, § 3; 1989, ch. 278, § 17; 1991, ch. 289, § 3; 1991, ch. 448, § 3; 1996, ch. 1079, § 18; 1999, ch. 520, § 18; 2000, ch. 947, § 6; 2007, ch. 60, § 3; 2010, ch. 1100, § 6; 2012, ch. 575, §§ 1, 2; 2015, ch. 24, §§ 4, 7.

Compiler's Notes. Acts 2010, ch. 1100, § 153 provided that the commissioner of mental health and developmental disabilities, the commissioner of mental health, the commissioner of intellectual and developmental disabilities, and the commissioner of finance and administration are authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2015, ch. 24,  § 7 provided that the Tennessee Code Commission is requested to change references in Tennessee Code Annotated, as volumes are replaced and supplements are issued, from “veterans’ affairs” and “veterans affairs” to “veterans services” wherever the language appears in reference to the name or commissioner of the Tennessee department of veterans services.

NOTES TO DECISIONS

1. Suit Against the State.

Where landowners brought a declaratory judgment action against the commissioner of the department of transportation in his official capacity, it was a suit against the state. Williams v. Nicely, 230 S.W.3d 385, 2007 Tenn. App. LEXIS 111 (Tenn. Ct. App. Feb. 28, 2007), appeal denied, — S.W.3d —, 2007 Tenn. LEXIS 621 (Tenn. June 25, 2007).

4-3-112. Appointment of commissioners.

  1. The commissioners shall be appointed by the governor for terms to expire with the beginning of the term of the governor next elected, or whenever their successors shall be appointed and qualified.
  2. Each commissioner shall hold office at the pleasure of the governor.

Acts 1923, ch. 7, § 2; Shan. Supp., § 373a33; Acts 1933, ch. 92, § 1(1); 1935, ch. 169, § 1; Code 1932, § 258; Acts 1937, ch. 33, § 2; 1939, ch. 11, § 2; C. Supp. 1950, § 255.2; T.C.A. (orig. ed.), § 4-302.

4-3-113. Name changes of departments, directors and commissioners.

  1. References appearing elsewhere in this code to the director of accounts, the director of the budget or to the state property administrator are deemed references to the commissioner of finance and administration.
  2. References to the superintendent of banks, to the superintendent of banking or to the commissioner of banking are deemed references to the commissioner of financial institutions.
  3. References to the commissioner of finance and taxation are deemed references to the commissioner of revenue.
  4. References to the commissioner of highways and public works, when relating to public buildings, are deemed references to the commissioner of general services.
  5. References to the commissioner of highways and public works, except when relating to public buildings, and references to the director of the bureau of aeronautics, the director of the bureau of highways, and the director of the mass transit bureau are deemed references to the commissioner of transportation.
  6. References to the commissioner of institutions are deemed references to the commissioner of correction.
  7. References to the commissioner of insurance and banking are deemed references to the commissioner of commerce and insurance.
  8. References to the state director of local finance, director of local finance, state director of the division of local finance or to the director of the division of local finance are deemed references to the comptroller of the treasury.
  9. References to the commissioner of public welfare are deemed references to the commissioner of human services.
  10. References to the commissioner of standards and purchases are deemed references to the commissioner of general services.
  11. References to the director of the staff division of industrial development are deemed references to the director of the industrial development division of the department of economic and community development.
  12. References to the director of the division of hotel and restaurant inspection of the department of conservation are deemed references to the commissioner of tourist development.
  13. References to the director of veterans' affairs and references to the commissioner of veterans' affairs are deemed references to the commissioner of veterans services.
  14. References to the assistant commissioner of the tourism development division in the department of economic and community development are deemed references to the commissioner of tourist development.
  15. References to the commissioner of insurance are deemed references to the commissioner of commerce and insurance.
  16. References to the commissioner of public health are deemed references to the commissioner of health.
  17. References to the commissioner of health and environment are deemed references to the commissioner of health.
  18. References to the commissioner of conservation are deemed references to the commissioner of environment and conservation.
  19. References to the department of employment security are deemed references to the department of labor and workforce development.
  20. References to the department of labor are deemed references to the department of labor and workforce development.
  21. References to the commissioner of personnel are deemed references to the commissioner of human resources.

Acts 1955, ch. 102, § 1; 1959, ch. 9, §§ 3, 8, 14; 1961, ch. 97, § 3; 1971, ch. 137, § 2; 1972, ch. 543, §§ 5, 7, 12; 1972, ch. 829, § 7; 1972, ch. 852, § 12; 1973, ch. 294, § 5; 1975, ch. 219, § 2(b); 1975, ch. 248, § 1(f); 1975, ch. 249, §§ 2, 3; 1976, ch. 468, § 2; T.C.A., §§ 4-302, 4-332; Acts 1981, ch. 264, §§ 12, 17, 22; 1983, ch. 216, § 4; 1983, ch. 274, § 23; 1983, ch. 311, § 4; 1983, ch. 442, § 5; 1983, ch. 472, § 4; 1991, ch. 289, § 4; 1991, ch. 448, § 4; 1999, ch. 520, § 25; 2007, ch. 60, § 4; 2010, ch. 868, § 3; 2010, ch. 1100, § 7; 2015, ch. 24, §§ 6, 7.

Compiler's Notes. Acts 2010, ch. 1100, § 153 provided that the commissioner of mental health and developmental disabilities, the commissioner of mental health, the commissioner of intellectual and developmental disabilities, and the commissioner of finance and administration are authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2015, ch. 24,  § 7 provided that the Tennessee Code Commission is requested to change references in Tennessee Code Annotated, as volumes are replaced and supplements are issued, from “veterans’ affairs” and “veterans affairs” to “veterans services” wherever the language appears in reference to the name or commissioner of the Tennessee department of veterans services.

4-3-114 — 4-3-120. [Reserved.]

    1. The commissioners of the administrative departments of the state government created by this chapter shall be the administrative heads of those departments. They shall have charge and general supervision of their respective departments.
    2. The officers and employees of the various departments established by this chapter shall be under the supervision, direction and control of the commissioners of their respective departments and shall perform such duties as the commissioners may prescribe.
    1. Each staff division of the governor's office shall have as its chief executive officer a staff director who shall be appointed by the governor for a term to expire with the beginning of the term of the governor next elected, or whenever the staff director's successor shall be appointed and qualified, and who shall hold office at the pleasure of the governor.
    2. Staff directors shall have charge and general supervision of their respective divisions and shall exercise such powers and perform such duties in regard thereto as are vested therein by law, and shall receive compensation in the amount provided by § 8-23-101 for commissioners of departments.
    3. Staff directors, with respect to their divisions, shall be subject to all laws applying generally to commissioners of administrative departments, and staff divisions shall be subject to all laws applying generally to state administrative departments.

Acts 1923, ch. 7, § 3; Shan. Supp., § 373a34, 373a35; Code 1932, §§ 259, 260; Acts 1937, ch. 33, § 3; mod. C. Supp. 1950, § 255.3; Acts 1959, ch. 9, § 2; 1963, ch. 169, § 4; T.C.A. (orig. ed.), § 4-303.

4-3-122. Governor's cabinet.

  1. The commissioners of the administrative departments shall constitute a cabinet or advisory staff to the governor on all matters of state administration.
  2. Staff directors may be members of the governor's cabinet or advisory staff, and the secretary of state, the state treasurer and the comptroller of the treasury may also serve on the governor's cabinet or advisory staff if invited to do so by the governor.
    1. The governor shall hold regular meetings of this cabinet each month, or more often at the governor's option.
    2. At these meetings, the administrative work and budgetary requirements of each department shall be discussed, and practical methods devised and applied to further cooperation in, and coordination of, such work, and to eliminate duplication and overlapping of functions between the several departments.

Acts 1937, ch. 33, § 4; mod. C. Supp. 1950, § 255.4; Acts 1959, ch. 9, §§ 2, 10; T.C.A. (orig. ed.), § 4-304.

4-3-123. Commission on aging and disability — Review of agency proposals.

  1. In order to fulfill its duties as established by § 71-2-105, it is essential that the commission on aging and disability have an opportunity to review and comment on proposed plans, programs and rules that may have a substantial and direct effect on persons sixty (60) years of age or older and to be given the opportunity to have its representative in attendance at meetings of administrative departments or agencies of state government that qualify as open meetings as defined in § 8-44-102, at which such matters are intended to be considered. Therefore, the commission through its executive director shall define those areas of concern that affect older Tennesseans and make such areas known to state departments and agencies.
  2. State departments and agencies of state government shall appropriately notify the commission in accordance with the Uniform Administrative Procedures Act, compiled in chapter 5 of this title, and the procedure for intergovernmental review established by Executive Order No. 58, which took effect October 29, 1983, concerning those areas defined by the commission.

Acts 1984, ch. 943, § 8.

Compiler's Notes. Substituted “commission on aging and disability” for “commission on aging” pursuant to Acts 2001, ch. 397.

4-3-124. Sexual harassment policy — Posting.

Each entity of state government shall post in the workplace the state policy for the prevention of sexual harassment established pursuant to chapter 307 of the Public Acts of 1993.

Acts 1993, ch. 307, § 1.

Cross-References. Department of human resources, prevention of sexual harassment, § 4-3-1703.

Office of legislative administration, prevention of sexual harassment, § 3-13-101.

State human rights commission, policy on prevention of sexual harassment, § 4-21-202.

State university and community college system, prevention of sexual harassment, § 49-7-122.

Supreme court, sexual harassment prevention policy for inferior courts, § 16-3-502.

Law Reviews.

What Part of “No” Don't You Understand?: Recent Developments in Workplace Sexual Harassment Law (William D. Evans Jr.), 36 No. 5 Tenn. B.J. 14 (2000).

Part 2
Department of Agriculture

4-3-201. Creation.

There is hereby created the department of agriculture.

Acts 1923, ch. 7, § 1; Shan. Supp., § 373a30; Code 1932, § 255; Acts 1937, ch. 33, § 1; 1939, ch. 11, § 1; C. Supp. 1950, § 255.1; modified.

Compiler's Notes. The department of agriculture, created by this section and § 4-3-101, terminates June 30, 2022. See §§ 4-29-112, 4-29-243.

Cross-References. Creation of the department of agriculture, § 4-3-101.

Organization, powers and duties of department, title 43, ch. 1.

4-3-202. Commissioner.

The department of agriculture shall be under the charge and general supervision of the commissioner of agriculture.

Acts 1923, ch. 7, § 2; Shan. Supp., § 373a32; Code 1932, § 257; Acts 1937, ch. 33, § 2; 1939, ch. 11, § 2; C. Supp. 1950, § 255.2; modified.

4-3-203. Powers and duties.

The department of agriculture has the power to:

  1. Encourage and promote, in every practicable manner, the interests of agriculture, including horticulture, livestock industry, dairying, poultry raising, beekeeping, production of wool and other allied industries;
  2. Promote and improve methods of conducting agricultural industries, with a view to increasing the production, and facilitating the distribution, of products at minimum cost;
  3. Collect, publish and distribute statistics relating to crop production and marketing of beef, pork, poultry, fish, mutton, wool, butter, cheese and other agricultural products, so far as such statistical information may be of value to the agricultural and allied interests of the state;
  4. Inquire into the cause of contagious, infectious and communicable diseases among domestic animals, and the means for the prevention and cure of the same;
  5. Assist, encourage and promote the organization of farmers' institutes, horticultural and agricultural societies, the holding of fairs, stock shows or other exhibits of the products of agriculture;
  6. Cooperate with producers and consumers in devising and maintaining economical and efficient systems of distribution, and to aid in whatever way may be consistent or necessary in accomplishing the reduction of waste and expenses in marketing;
  7. Cooperate with the agricultural college, the experiment stations of the state university and the federal government;
  8. Enter and inspect any rights-of-way of any highway, railway, field, orchard, nursery, fruit packing house, storeroom, depot or other place where fruits are grown or stored, and inspect fruits, trees, plants, vines, shrubs or other articles within the state, and if such plant life is infected with pests or with their eggs or larvae, or with any contagious disease injurious to plant life, abate the same as a nuisance;
  9. Enforce all of the penal and regulatory laws of the state in the same manner and with like authority as the sheriffs of the counties; and
    1. Promulgate rules and regulations necessary to effectuate the purposes, duties and responsibilities of the department. Such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in chapter 5 of this title, except as otherwise provided by law.
    2. The enactment of a federal declaration of an extraordinary emergency or issuance of an emergency federal order or similar federal enactment that relates to the spread of plant or animal disease, the spread of pests from state to state, the protection of the food or feed supply, or that otherwise relates matters generally regulated by the department shall be deemed to constitute sufficient evidence of an immediate danger to the public health, safety or welfare of such a nature to justify the enactment of emergency rules for purposes of § 4-5-208(a).

Acts 1923, ch. 7, § 29; Shan. Supp., § 373a71; Code 1932, § 294; impl. am. Acts 1937, ch. 33, § 69; C. Supp. 1950, § 294; Acts 1973, ch. 38, § 1; 1974, ch. 415, § 1; T.C.A. (orig. ed.), § 4-308; Acts 2005, ch. 46, § 1.

Compiler's Notes. For transfer of the division of forestry in the department of environment and conservation and its related functions and the administration of the Tennessee Forestry Act (title 11, ch. 4) from the department of environment and conservation to the department of agriculture, see Executive Order No. 41 (February 4, 1991).

Law Reviews.

Bid Protests in Tennessee (Steven W. Feldman), 34 No. 5 Tenn. B.J. 27 (1998).

Attorney General Opinions. Department of agriculture enforcement agent as law enforcement officer, OAG 99-016, 1999 Tenn. AG LEXIS 35 (2/2/99).

4-3-204. Civil penalty for violating regulatory matters — Revocation of license or permit — Denial of license or permit renewal.

  1. The department or any board or commission attached to the department may, in a lawful proceeding respecting licensing, as defined in the Uniform Administrative Procedures Act, compiled in chapter 5 of this title, in addition to or in lieu of any other lawful disciplinary action, assess a civil penalty of not more than five hundred dollars ($500) for each violation of statute, rule or order enforceable by the department or board or commission attached to the department.
  2. The department and any board or commission attached to the department shall by rule establish a schedule designating the minimum and maximum civil penalty that may be assessed under this section for violation of each statute, rule or order over which it has regulatory control.
  3. In the event of nonpayment of any civil penalty lawfully assessed pursuant to subsection (a), such penalty shall be recoverable in the name of the state by the attorney general and reporter in the chancery court of Davidson County, or by the district attorney general in the chancery court of the county in which all or part of the violation occurred.
  4. All sums recovered under this section shall be paid into the state treasury, except that in those counties where a contract exists between the department and the county health department pursuant to § 53-8-204(7), such sums may be retained by the county health department in accordance with the contract between the department and such county health department; provided, that all such funds so retained by the county health department shall be paid into the county's general fund.
  5. In the event of nonpayment of any civil penalty lawfully assessed by the department or any board or commission attached thereto, the commissioner of agriculture may revoke a current license or permit or deny renewal of a license or permit until the respective civil penalties have been paid in full. Payment of the civil penalty does not necessarily obligate the commissioner to issue any license or permit; provided, no such action affecting licenses or permits shall be taken without a hearing as provided in the Uniform Administrative Procedures Act.

Acts 1988, ch. 878, § 7; 1991, ch. 149, § 1; 2000, ch. 603, § 1.

4-3-205. License, certification or registration — Notifications — Prerequisites — Website — Notifications by electronic mail.

  1. The department and any board, commission, committee, or other governmental entity created pursuant to titles 43 and 44 shall notify each applicant for a professional or occupational license, certification or registration from the department, board, commission, agency or other governmental entity where to obtain a copy of any statutes, rules, policies, and guidelines setting forth the prerequisites for the license, certification or registration and shall, upon request, make available to the applicant a copy of the statutes, rules, policies, and guidelines.
  2. The department and any board, commission, committee, or other governmental entity created pursuant to titles 43 and 44 shall notify each holder of a professional or occupational license, certification or registration from the department, board, commission, committee, agency or other governmental entity of changes in state law that impact the holder and are implemented or enforced by the entity, including newly promulgated or amended statutes, rules, policies, and guidelines, upon the issuance and upon each renewal of a holder's license, certification or registration.
  3. The department and any board, commission, committee, or other governmental entity created pursuant to titles 43 and 44 shall establish and maintain a link or links on the entity's website to the statutes, rules, policies, and guidelines that are implemented or enforced by the entity and that impact an applicant for, or a holder of, a professional or occupational license, certification, or registration from the entity.
    1. The department and any board, commission, committee, or other governmental entity created pursuant to this title and titles 43 and 44 shall allow each holder of a professional or occupational license, certification or registration from the department, board, commission, committee, or other governmental entity to have the option of being notified by electronic mail of:
      1. Renewals of the holder's license, certification or registration;
      2. Any fee increases;
      3. Any changes in state law that impact the holder and are implemented or enforced by the entity, including newly promulgated or amended statutes, rules, policies and guidelines; and
      4. Any meeting where changes in rules or fees are on the agenda. For purposes of this subdivision (d)(1)(D), the electronic notice shall be at least forty-five (45) days in advance of the meeting, unless it is an emergency meeting then the notice shall be sent as soon as is practicable.
    2. The department and any board, commission, committee or other governmental entity created pursuant to this title and titles 43 and 44 shall notify each holder of a license, certification or registration of the availability of receiving electronic notices pursuant to subdivision (d)(1) upon issuance or renewal of the holder's license, certification or registration.

Acts 2008, ch. 1070, § 6; 2012, ch. 952, § 3.

Compiler's Notes. Acts 2008, ch. 1070, § 13 provided that each entity subject to the act shall promulgate rules to effectuate the purposes of the act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Part 3
Department of Audit

4-3-301. Creation.

The department of audit is created and established in the state government.

Acts 1937, ch. 33, § 5; mod. C. Supp. 1950, § 255.5; T.C.A. (orig. ed.), § 4-335; T.C.A., § 4-332.

Attorney General Opinions. Applicability of Open Meetings Act to exit conference with comptroller, OAG 99-090, 1999 Tenn. AG LEXIS 90 (4/12/99).

NOTES TO DECISIONS

1. Rights of Holder.

In an adversary proceeding seeking a determination, pursuant to 11 U.S.C. § 506, of the nature and priority of a lien on the debtor's residential real property, pursuant to T.C.A. § 47-3-301, defendant had the unqualified right to enforce a Note and Deed of Trust because it was the owner and holder of the note in question. The terms of the note contemplated the possibility of transfer and, while the trustee sought to question the validity of certain signatures, the original note contained a blank endorsement by a named individual for which the trustee raised little question as to validity and, mere allegations that the signature was invalid was insufficient under T.C.A. § 47-3-308(a) to overcome the presumption as to its validity. Mostoller v. Saxon Mortg. Servs. (In re Hunter), 466 B.R. 439, 2012 Bankr. LEXIS 514 (Bankr. E.D. Tenn. Feb. 16, 2012).

4-3-302. Administrative head of department.

The comptroller of the treasury shall be the administrative head of this department.

Acts 1937, ch. 33, § 5; mod. C. Supp. 1950, § 255.5; T.C.A. (orig. ed.), § 4-335; T.C.A., § 4-332; modified.

Cross-References. Comptroller of the treasury as constitutional officer, appointment, Tenn. Const., art. VII, § 3.

Office of local government in office of comptroller, title 4, ch. 16.

4-3-303. Organization of department.

  1. The department of audit shall be organized in whatever manner the comptroller of the treasury may deem best to the accomplishment of its functions.
  2. The department shall have such auditors, assistants and employees as the comptroller of the treasury may require, subject to the budgetary and personnel provisions of § 4-4-107 and within the appropriations made by the general assembly.

Acts 1937, ch. 33, § 71; C. Supp. 1950, § 255.71 (Williams, § 255.76); T.C.A. (orig. ed.), § 4-337.

Cross-References. Office of local government in office of comptroller, title 4, ch. 16.

Reorganization of divisions, § 4-4-101.

4-3-304. Powers and duties.

The department of audit has the power and is required to:

    1. Perform currently a post audit of all accounts and other financial records of the state government, and of any department, institution, office or agency thereof in accordance with generally accepted auditing standards and in accordance with such procedures as may be established by the comptroller of the treasury;
    2. Make annually, and at such other times as the general assembly shall require, a complete report on the post audit, such report to be in the form provided by §§ 8-4-109 — 8-4-111 and by any subsequent legislation;
  1. Certify to the fund balance sheets, operating and other statements, covering the condition of the state's finances, as prepared by the department of finance and administration, or by the state treasurer, before publication of such statements;
  2. Serve as a staff agency to the general assembly, or to any of its committees, in making investigations of any phase of the state's finances;
  3. Make annually an audit of all the records of the several counties of the state, including the offices of county trustees, circuit court clerks, criminal court clerks, county clerks and clerks and masters of chancery courts, and all county mayors and judges of the courts of general sessions, specifically including the accounts of all “trust funds” in the hands of clerks and masters, or county clerks, or both, and any other county official, whether elected or appointed;
    1. In lieu of the audit required under this subdivision (4), the department may accept an audit made by an independent certified public accountant or licensed public accountant, employed at the expense of the county, if the audit made by such independent certified public accountant or licensed public accountant meets the minimum standards for county auditing established by the comptroller of the treasury, and approved by the governor;
    2. The audit shall be made annually and copies of the audit furnished to the comptroller of the treasury;
    3. Any county having an audit made by an independent certified public accountant or licensed public accountant under the conditions prescribed in this subdivision (4) shall be relieved of paying to the state the fee required by § 9-3-210;
    4. Beginning July 1, 1974, the department shall prepare the audit required under this subdivision (4) in each county of this state at least once in every five-year period, and shall not accept an audit prepared by a certified public accountant or licensed public accountant in lieu of a state audit for more than four (4) years in every five-year period beginning July 1, 1974, or may, in such manner as the comptroller of the treasury may determine, participate with or monitor the audit with the independent certified public accountant or licensed public accountant;
  4. Devise a modern, effective and uniform system of bookkeeping and accounting, subject to the approval of the governor, comprehending:
    1. An efficient system of checks and balances between the officers at the seat of government entrusted with the collections and receipts, custody and disbursement of the revenues of the state; and
    2. A system of bookkeeping and accounting, for the use of all county officials and agencies handling the revenues of the state or of any political subdivision thereof; provided, that the comptroller of the treasury and the governor may approve any existing system;
  5. Perform economy and efficiency audits, program results audits and program evaluations. Any or all of the elements of an audit may be performed, including financial and compliance, economy and efficiency program results and program evaluation;
  6. Require that audits to be performed by the internal audit staffs of grantees or the internal audit staffs of state departments, boards, commissions, institutions, agencies, authorities or other entities of the state shall be coordinated with the office of the comptroller of the treasury, and any such audit reports as may be issued shall be prepared in accordance with standards established by the comptroller of the treasury. No department, agency, institution, board, commission or authority shall cause internal auditing to be performed by persons who do not meet the job specifications for internal auditors established by the commissioner of human resources and approved by the commissioner of finance and administration and the comptroller. Notwithstanding any law to the contrary, working papers created, obtained or compiled by an internal audit staff are confidential and are therefore not an open record pursuant to title 10, chapter 7. “Working papers” includes, but is not limited to, auditee records, intra-agency and interagency communications, draft reports, schedules, notes, memoranda and all other records relating to an audit or investigation by internal audit staff;
  7. Require that all persons, corporations or other entities receiving grants from or through this state shall cause a timely audit to be performed, in accordance with auditing standards prescribed by the comptroller of the treasury; and
  8. Establish minimum standards for the performance of audits by the internal audit staffs of local governments, special taxing districts, utility districts, political subdivisions, state departments, boards, commissions, institutions, agencies, authorities or other entities of the state. These standards, which shall be established by the comptroller of the treasury, shall include “Standards for the Professional Practice of Internal Auditing” published by the Institute of Internal Auditors, Inc., or such other standards as may be approved by the comptroller of the treasury. All audit reports issued by such internal audit staffs shall include a statement that the audit was conducted pursuant to these standards. Notwithstanding any law to the contrary, working papers created, obtained or compiled by an internal audit staff are confidential and are therefore not an open record pursuant to title 10, chapter 7. “Working papers” includes, but is not limited to, auditee records, intra-agency and interagency communications, draft reports, schedules, notes, memoranda and all other records relating to an audit or investigation by internal audit staff.

Acts 1937, ch. 33, § 72; 1937, ch. 286, § 1; 1939, ch. 11, § 40; 1941, ch. 96, § 1; C. Supp. 1950, § 255.72 (Williams, § 255.77); Acts 1953, ch. 22, § 1; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; Acts 1974, ch. 616, §§ 1, 2; 1977, ch. 221, §§ 1-3; impl. am. Acts 1978, ch. 934, §§ 16, 22, 36; Acts 1979, ch. 18, § 1; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 4-336; Acts 1984, ch. 794, § 1; 2003, ch. 90, § 2; 2009, ch. 368, §§ 3, 4; 2011, ch. 151, §§ 1, 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Cross-References. Confidentiality of public records, § 10-7-504.

Examination of accounts of departments, institutions, offices or agencies receiving appropriations from the state, by the department of finance and administration, § 4-3-1007.

Housing development agency, audits, § 13-23-125.

Uncompensated care, § 68-1-109.

Attorney General Opinions. Inmate funds are required to be handled by the sheriff consistent with the standards established by the state comptroller's county audit division, OAG 06-156 (10/9/06), 2006 Tenn. AG LEXIS 176.

NOTES TO DECISIONS

1. Rights of Sureties of Delinquent Officials.

Requirement for annual audit of books of county officials cannot be pleaded as a defense by sureties in suit to collect shortage of principal, since requirement is solely for the benefit of the state and county. Smith v. State, 194 Tenn. 155, 250 S.W.2d 55, 1952 Tenn. LEXIS 362 (1952).

4-3-305. Administration by comptroller of the treasury.

  1. The comptroller of the treasury is authorized to administer all or any part of the powers and duties prescribed in subsection (b).
  2. The comptroller of the treasury or the comptroller's designee shall, when a general act for county budgeting, or a county fiscal control act, is enacted, have authority to:
    1. Prescribe forms and procedures for the preparation of annual budgets in the several counties and in the other local governments;
    2. Require from the proper local authority a copy of the annual budget as adopted by the governing body of each county or other local government;
    3. Prepare a flexible system of uniform accounts for the various counties and for the other local governments, and assist the local authorities in its installation;
    4. Require annually from each county and other local government a financial report, showing in itemized form all expenditures for current operation and maintenance, for capital outlays, for debt retirement and interest charges and for any other expenses, and also setting forth in detail all revenues and other sources of income;
    5. Audit the accounts of all county and other local governments, such audit to be made either by the auditors of the comptroller of the treasury or the comptroller's designee or by private accountants approved by the comptroller of the treasury or the comptroller's designee;
    6. Promulgate regulations with respect to the issuance of county and municipal bonds, the refunding and retirement of county and municipal debts and the handling of county or municipal defaults; and
    7. Study the state subsidies and turn-backs to county and other local governments for highway, welfare, educational and other purposes, and make recommendations to the governor on the fiscal aspects of such subsidies and turn-backs.
    1. Notwithstanding this section or any other law to the contrary, upon the approval of the comptroller of the treasury or the comptroller's designee, a municipality or county is authorized to prepare and adopt a biennial budget for such departments as authorized by the comptroller of the treasury or the comptroller's designee. The budgets shall be prepared as required by the comptroller of the treasury or the comptroller's designee and after all necessary changes have been made to the local government's charter, private acts, resolutions, or ordinances, as appropriate.
    2. In preparing such budgets, careful consideration shall be given to ensure there is no impairment to an existing contract, bond obligation, or anticipation note of the governmental entity.

Acts 1937, ch. 33, § 43; 1939, ch. 11, §§ 10, 24, 25; C. Supp. 1950, § 255.43 (Williams, § 255.44); impl. am. Acts 1959, ch. 9, § 8; T.C.A., § 4-332; T.C.A. (orig. ed.), § 4-333; Acts 1982, ch. 574, § 1; 2004, ch. 436, § 1; 2010, ch. 868, §§ 4-7.

Cross-References. Accounting system, standard for counties, §§ 5-8-5015-8-503.

4-3-306. State funding board.

  1. The state funding board is attached to the office of the comptroller of the treasury for all administrative purposes.
    1. The state funding board is authorized to establish policies and procedures under which the comptroller of the treasury or the comptroller's designee shall be guided in the administration of state laws concerning bond and note issues by counties, municipalities and utility districts.
    2. Noncompliance with subdivision (b)(1) shall not invalidate any bonds issued by a unit of local government.

Acts 1959, ch. 9, § 8; 1978, ch. 864, §§ 1, 2; T.C.A., §§ 4-332, 4-333; Acts 2010, ch. 868, §§ 8, 9.

Cross-References. State funding board, § 9-9-101.

4-3-307. Expenses of department representatives.

The necessary expenses of any representative of the department of audit assigned to duty away from the seat of government shall be reimbursed under the rules and regulations prescribed by the commissioner of finance and administration. All such expenses, before being paid, shall first be approved by the office of the comptroller of the treasury.

Acts 1923, ch. 92, §§ 1(19), 1(20); Code 1932, § 345; Acts 1933, ch. 92, § 1; mod. C. Supp. 1950, § 345; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; modified; T.C.A. (orig. ed.), § 4-338; T.C.A., § 4-335.

4-3-308. Office of research and education accountability.

  1. There is established within the office of the comptroller of the treasury an office of research and education accountability, which shall conduct research, analyses, evaluations, and other projects as may be assigned to it by the general assembly or the comptroller, or that the office may determine to be necessary to inform discussions and decisions in the general assembly.
  2. The office of research and education accountability shall be accorded access to and may examine any information, records, books, data, or reports maintained by any agency of this state, whether or not the information is subject to public inspection. Each agency shall fully cooperate with the office of research and education accountability in providing such access in the performance of the duties of the office. The office of research and education accountability shall maintain inviolate any privileged or confidential information so acquired and any record or writing so defined by law.
  3. The office of research and education accountability shall report its findings annually to the general assembly.
  4. As used in this section, “agency” means:
    1. Any department, board, commission, institution, office, or agency of state government; and
    2. Any county, county having a metropolitan government, municipality, or other political subdivision of the state, including any school district, school system, or special school district, and the state board of education acting on behalf of any special school listed in § 49-50-1001.

Acts 1992, ch. 535, § 47; 2016, ch. 684, § 1.

Compiler's Notes. For codification of the Education Improvement Act, Acts 1992, ch. 535, see the Session Law Disposition Table in Volume 13.

Cross-References. Reporting requirement satisfied by notice to general assembly members of publication of report, § 3-1-114.

NOTES TO DECISIONS

1. Burden of Proof.

In an adversary proceeding seeking a determination, pursuant to 11 U.S.C. § 506, of the nature and priority of a lien on the debtor's residential real property, pursuant to T.C.A. § 47-3-301, defendant had the unqualified right to enforce a Note and Deed of Trust because it was the owner and holder of the note in question. The terms of the note contemplated the possibility of transfer and, while the trustee sought to question the validity of certain signatures, the original note contained a blank endorsement by a named individual for which the trustee raised little question as to validity and, mere allegations that the signature was invalid was insufficient under T.C.A. § 47-3-308(a) to overcome the presumption as to its validity. Mostoller v. Saxon Mortg. Servs. (In re Hunter), 466 B.R. 439, 2012 Bankr. LEXIS 514 (Bankr. E.D. Tenn. Feb. 16, 2012).

Part 4
Department of Financial Institutions

4-3-401. Creation.

There is hereby created the department of financial institutions.

Acts 1973, ch. 294, § 2; modified; Acts 1983, ch. 216, § 5.

Compiler's Notes. The department of financial institutions, created by this section and § 4-3-101, terminates June 30, 2021. See §§ 4-29-112, 4-29-242.

Cross-References. Creation of the department of financial institutions, § 4-3-101.

Department of financial institutions, organization, powers and duties, title 45, ch. 1, part 1.

4-3-402. Commissioner — Appointment.

  1. The department of financial institutions shall be under the charge and general supervision of the commissioner of financial institutions.
  2. The commissioner shall be appointed by the governor and shall serve at the governor's pleasure.

Acts 1973, ch. 294, §§ 3, 4; modified; T.C.A., § 4-301; Acts 1983, ch. 216, §§ 6, 7.

Cross-References. Commissioner of financial institutions, appointment, qualifications, § 45-1-105.

4-3-403. Powers and duties.

The department of financial institutions shall exercise all the rights, powers and duties described in title 45 and otherwise vested by law in the department, the commissioner of financial institutions, and the commissioner's officers, assistants and employees.

Acts 1973, ch. 294, § 7; T.C.A., § 4-344; Acts 1983, ch. 216, § 8.

Part 5
Department of Environment and Conservation

4-3-501. Creation.

There is hereby created the department of environment and conservation.

Acts 1937, ch. 33, § 1; 1939, ch. 11, § 1; C. Supp. 1950, § 255.1; Acts 1959, ch. 9, § 11; 1963, ch. 169, § 3; modified.

Compiler's Notes. The department of environment and conservation, created by this section and § 4-3-101, terminates June 30, 2023. See §§ 4-29-112, 4-29-244.

Cross-References. Creation of the department of environment and conservation, § 4-3-101.

Organization, powers and duties of department, title 11, ch. 1.

4-3-502. Commissioner.

The department of environment and conservation shall be under the charge and general supervision of the commissioner of environment and conservation.

Acts 1937, ch. 33, § 2; 1939, ch. 11, § 2; C. Supp. 1950, § 255.2; Acts 1959, ch. 9, § 11; 1963, ch. 169, § 3; modified.

4-3-503. Establishment of divisions, bureaus and organizational units.

The commissioner is authorized to establish divisions, bureaus or other organizational units necessary to carry out the duties imposed upon the commissioner and the department.

Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; impl. am. Acts 1970, ch. 468, § 1; Acts 1972, ch. 852, § 14; 1976, ch. 468, § 6; T.C.A. (orig. ed.), § 4-317; Acts 1986, ch. 912, § 1; 1992, ch. 693, § 6.

Compiler's Notes. For transfer of the division of forestry and its related functions and the administration of the Tennessee Forestry Act (title 11, ch. 4) from the department of environment and conservation to the department of agriculture, see Executive Order No. 41 (February 4, 1991).

Cross-References. Reorganization of divisions, § 4-4-101.

4-3-504. Powers and duties of department.

The department of environment and conservation has the power to:

  1. Exercise all functions, rights, powers, and duties vested by law; and
  2. Make rules and regulations not inconsistent with law for the administration of such functions and duties, and for the management of any parks or other properties belonging to the state.

Acts 1937, ch. 33, § 69; impl. am. Acts 1949, ch. 50, § 1; C. Supp. 1950, §§ 255.62, 5194, 5201.1 (Williams, § 255.72); modified; Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; impl. am. Acts 1970, ch. 468, §§ 1-17; T.C.A. (orig. ed.), § 4-317; Acts 1992, ch. 693, § 7.

Compiler's Notes. For transfer of the bureau of environment in the department of health and its related functions and the administration of the Tennessee environmental statutes (excluding title 68, chs. 14, 110 and 112) from the department of health to the department of environment and conservation, see Executive Order No. 42 (February 4, 1991).

For transfer of the division of forestry and its related functions and the administration of the Tennessee Forestry Act (title 11, ch. 4) from the department of environment and conservation to the department of agriculture, see Executive Order No. 41 (February 4, 1991).

For the transfer of the responsibility of administering §§ 17(a), 19, 21(d), 26(c), 29, 34, 36(d) and 45 of the Solid Waste Management Act of 1991, Acts 1991, ch. 451, codified as §§ 68-211-822(a), 68-211-823, 68-211-824, 68-211-862(c), 68-211-825, 68-211-828, 68-211-867(d) and 68-211-847, respectively, relative to certain financial assistance programs, from the state planning office to the department of environment and conservation, see Executive Order No. 50 (November 5, 1991).

For the further transfer of administration of certain provisions of the Solid Waste Management Act from the state planning office to the department of environment and conservation, see Executive Order No. 54 (January 7, 1994).

Cross-References. Coal surface mining, powers of commissioner, § 59-8-404.

4-3-505. Deputy and assistant commissioners — Absence or incapacity of commissioner — Vacancy in office.

The commissioner is authorized to appoint such deputy and assistant commissioners as may be necessary to discharge the powers and duties of the department. In the event of absence or incapacity of the commissioner or in the event of a vacancy in the office of the commissioner, an appropriate person designated by the governor may be authorized, in accordance with § 4-4-115, to exercise any and all of the powers of the commissioner until such time as the duly appointed commissioner can fulfill such commissioner's responsibilities.

Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; T.C.A. (orig. ed.), § 4-317; Acts 1992, ch. 693, § 8.

4-3-506. Making completeness determinations and issuing or denying permits within time frame specified in department’s rules and regulations.

  1. It is the intent of the general assembly that the department of environment and conservation seek to accomplish making a completeness determination and issuing or denying any permit within the time frames specified by the department's rules and regulations.
    1. The commissioner shall prepare semiannual permitting efficiency reports that include statistics demonstrating whether the department has acted on permit applications within the time frames established by rule. The statistics may be summarized by organizational unit established under § 4-3-503. The reports are due February 1 and August 1 of each calendar year.
      1. The report due February 1 must report data for the first six (6) months of the current fiscal year.
      2. The report due August 1 must report data for the entire previous fiscal year and must also specify any program or system changes to be made if the commissioner determines that program or system changes are necessary to achieve compliance with any time frame.
    2. If a report indicates that a division is not complying with the specified time frames, then the report must include a determination of the cause of the noncompliance.
    3. The reports must be posted on the department's website and electronically submitted to the governor and members of the general assembly.

Acts 2012, ch. 980, § 1; 2020, ch. 593, § 1.

Compiler's Notes. Former § 4-3-506 (Acts 1978, ch. 730, § 1; T.C.A. (orig. ed.), § 4-317), concerning special police commissions, was repealed by Acts 1986, ch. 912, § 2. For present provisions, see § 11-3-107(b).

Cross-References. Reporting requirement satisfied by notice to general assembly members of publication of report, § 3-1-114.

4-3-507. [Reserved.]

  1. All contracts or leases entered into prior to July l, 1991, by the department of environment and conservation or its predecessor in name, the department of conservation, with any entity, corporation, agency, enterprise or person pertaining to § 11-1-108, title 11, chapter 4, §§ 43-14-218, 54-17-105, 54-17-109 and 67-5-1004, shall continue in full force and effect as to all essential terms and conditions of the contracts in existence on July 1, 1991, to the same extent as if such contracts had originally been entered into by and between such entity, corporation, agency, enterprise or person and the department of agriculture, unless and until such contracts or leases are amended or modified by the parties to such contracts or leases.
  2. All rules, regulations, orders and decisions heretofore issued or promulgated by the department of environment and conservation or its predecessor in name, the department of conservation, pursuant to § 11-1-108, title 11, chapter 4, §§ 43-14-218, 54-17-105, 54-17-109 and 67-5-1004, shall remain in full force and effect and shall hereafter be administered and enforced by the department of agriculture. To this end, the department of agriculture, through the commissioner, has the authority, consistent with the statutes and regulations pertaining to the programs and functions transferred in § 11-1-108, title 11, chapter 4, §§ 43-14-218, 54-17-105, 54-17-109 and 67-5-1004, to modify or rescind orders or rules and regulations heretofore issued and to adopt, issue or promulgate new orders or rules and regulations necessary for the administration of the programs or functions of the department of agriculture transferred in this section.

Acts 1992, ch. 693, §§ 19, 20.

4-3-509. License, certification or registration — Notifications — Prerequisites — Website — Notifications by electronic mail.

  1. The department and any division, board, commission, committee, or other governmental entity under the jurisdiction of, or administratively attached to, the department shall notify each applicant for a professional or occupational license, certification or registration from the department, division, board, commission, agency or other governmental entity where to obtain a copy of any statutes, rules, policies, and guidelines setting forth the prerequisites for the license, certification or registration and shall, upon request, make available to the applicant a copy of the statutes, rules, policies, and guidelines.
  2. The department and any division, board, commission, committee, or other governmental entity under the jurisdiction of, or administratively attached to, the department shall notify each holder of a professional or occupational license, certification or registration from the department, division, board, commission, committee, agency or other governmental entity of changes in state law that impact the holder and are implemented or enforced by the entity, including newly promulgated or amended statutes, rules, policies, and guidelines, upon the issuance and upon each renewal of a holder's license, certification or registration.
  3. The department and any division, board, commission, committee, or other governmental entity under the jurisdiction of, or administratively attached to, the department shall establish and maintain a link or links on the entity's website to the statutes, rules, policies, and guidelines that are implemented or enforced by the entity and that impact an applicant for, or a holder of, a professional or occupational license, certification, or registration from the entity.
    1. The department and any division, board, commission, committee, agency, or other governmental entity under the jurisdiction of, or administratively attached to, the department shall allow each holder of a professional or occupational license, certification or registration from the department, division, board, commission, committee, agency or other governmental entity to have the option of being notified by electronic mail of:
      1. Renewals of the holder's license, certification or registration;
      2. Any fee increases;
      3. Any changes in state law that impact the holder and are implemented or enforced by the entity, including newly promulgated or amended statutes, rules, policies and guidelines; and
      4. Any meeting where changes in rules or fees are on the agenda. For purposes of this subdivision (d)(1)(D), the electronic notice shall be at least forty-five (45) days in advance of the meeting, unless it is an emergency meeting then the notice shall be sent as soon as is practicable.
    2. The department and any division, board, commission, committee, agency or other governmental entity under the jurisdiction of, or administratively attached to, the department shall notify each holder of a license, certification or registration of the availability of receiving electronic notices pursuant to subdivision (d)(1) upon issuance or renewal of the holder's license, certification or registration.

Acts 2008, ch. 1070, § 7; 2012, ch. 952, § 4.

Compiler's Notes. Acts 2008, ch. 1070, § 13 provided that each entity subject to the act shall promulgate rules to effectuate the purposes of the act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

4-3-510. Office of energy programs — General powers.

The office of energy programs has the duty and responsibility to:

  1. Promote research, development, recruitment and investments in conservation and renewable technology business (e.g., businesses that are labor intensive, environmentally sound, energy conserving and compatible with the development of a statewide energy program), with the recognition that a commitment to energy efficiency and development of renewable resources promotes economic growth and job creation;
  2. Provide incentives for energy conservation and renewable technologies development;
  3. Provide informational and educational programs for local governmental units and the general public, including the operation of a toll-free energy hotline;
  4. Administer federal energy programs to include, but not be limited to, an energy extension service and a state energy conservation plan.
  5. Promote state and local energy emergency preparedness in coordination with other appropriate state agencies, such as the military department;
  6. Establish a working liaison with the Tennessee Valley authority and other energy-related nonprofit organizations;
  7. Provide technical assistance to state businesses experiencing financial difficulty due to escalating energy costs;
  8. Maintain a record of businesses lost to the state or that have gone out of business due to escalating energy costs; and
    1. Prepare an annual report on the activities of the office of energy programs, including information on conservation, energy management, renewable industry investments and recruitments, and energy savings goals set and realized by the programs administered by the office of energy programs;
    2. The report shall be submitted to the governor, the speakers of the senate and house of representatives, and the chair of the senate and house of representatives committees on government operations, energy, and conservation, or their successor committees.

Acts 1983, ch. 429, § 7; 2000, ch. 561, § 3; 2009, ch. 105, § 1; 2009, ch. 106, § 7; 2016, ch. 743, §§ 2, 11; T.C.A. § 4-3-708.

Compiler's Notes. Former § 4-3-708 was transferred to this section by Acts 2016, ch. 743, § 11, effective April 7, 2016.

4-3-511. Office of energy programs — Powers concerning promoting research and development.

The office of energy programs has the power in promoting research and development to:

  1. Assist the state, its subdivisions and institutions, private parties, and any energy supplier chartered or regulated under this code, through the collection and compilation of information on energy programs throughout the state and the United States, the coordination of research and experimental projects in this state, and contracts and the issuance of grants to Tennessee institutions and citizens for research and experimentation, in the development of:
    1. Petroleum and natural gas storage or production capacity wherever such can be located;
    2. Coal gasification and liquefaction;
    3. Propane, butane or methane storage, shipment, handling and rapid redistribution to areas of need;
    4. An energy port authority in connection with a grouping and system interconnection of energy loading, unloading, storage and transfer facilities;
    5. Magnetohydrodynamics (MHD), fluidized bed combustion and other advanced combustion and conversion facilities;
    6. Technology and related facilities for the collection, conversion and use of solar energy;
    7. Facilities designed to produce central heating, cooling, electrical energy, or process steam through the combustion of garbage or other wastes;
    8. Other energy production, storage or distribution facilities, including co-generation of power; and
    9. Technology and related facilities for the collection, conversion and use of methane gas. The office of energy programs shall cooperate with the University of Tennessee Space Institute and any other state agency studying the use of methane gas;
  2. Promote and assist in the execution of programs to gain maximum benefit for citizens of Tennessee from the state's natural energy resources, including, but not limited to:
    1. Coal field development and utilization, both surface and subsurface;
    2. Oil deposits;
    3. Natural gas for intrastate and interstate use;
    4. Ores containing fissionable elements;
    5. Geographical characteristics;
    6. Resource recycling; or
    7. Renewable resources;
  3. Coordinate the development of energy facilities in this state; and
  4. Monitor the spending of any public funds provided for projects under this section, and the progress of any work financed in whole or in part with such funds.

Acts 1983, ch. 429, § 7; 1995, ch. 201, § 1; 2016, ch. 743, §§ 3, 11; T.C.A. § 4-3-709.

Compiler's Notes. Former § 4-3-709 was transferred to this section by Acts 2016, ch. 743, § 11, effective April 7, 2016.

4-3-512. Office of energy programs — Powers concerning promoting conservation.

The office of energy programs has the power in promoting conservation to:

  1. Develop and implement plans, projects or programs for the purpose of energy conservation in regard to residential, commercial, industrial or governmental uses of energy;
  2. Coordinate any energy conservation programs or projects undertaken by the state or municipal governments, or by the federal government as permitted by applicable federal law;
  3. Participate in or carry out any federal energy conservation programs;
  4. Recommend, in coordination with other standards and codes, energy and lighting efficiency building standards for new and renovated buildings in this state. Such standards will be mandatory for all building construction or renovation begun after they take effect. Such standards will be administered by local governments, and if such governments have standards equal to or stricter than the authority standards, the local standards will control;
  5. Prepare, implement and administer a plan that encourages utilities to provide conservation services to their customers;
  6. Assist the utilities of the state in their actions before those federal agencies that regulate or otherwise control specific energy supplies, if such actions are consistent with state energy policy;
  7. Coordinate and maintain, in cooperation with other divisions, and state and federal departments and agencies, a comprehensive educational and information program on energy conservation for the general public. The office of energy programs shall make a continuing effort to keep the citizens of the state informed as to the most efficient and expeditious means of reducing their use of energy; and
  8. Develop and carry out its programs on its own initiative, in cooperation with federal, state or local governments, or with private citizens. Such plans, projects or programs may include, but are not limited to:
    1. Van pooling and car pooling plans and incentives;
    2. Home weatherization;
    3. Development of mass transit alternatives;
    4. Incentives to promote residential conservation of energy use;
    5. Compilation and dissemination of energy efficiency information;
    6. Programs to promote energy conservation in industry and commerce;
    7. Encouragement of the use and development within the state of solar, geothermal and other renewable energy resources;
    8. Development of energy management systems; and
    9. Development of material recycling, handling and management systems.

Acts 1983, ch. 429, § 7; 2016, ch. 743, §§ 4, 11; T.C.A. § 4-3-710.

Former § 4-3-710 was transferred to this section by Acts 2016, ch. 743, § 11, effective April 7, 2016.

4-3-513. Office of energy programs — Set-aside program for petroleum products.

  1. The commissioner of environment and conservation, with the assistance of the office of energy programs shall develop an emergency liquid fuel allocation program to be implemented by the governor in event of an energy emergency as defined in § 58-2-101.
    1. The setting aside of petroleum products will be in order to help meet emergency petroleum requirements, thereby relieving the hardship caused by such shortage to entities including, but not limited to, the following:
      1. Certain governmental entities providing emergency services;
      2. Other entities defined by rules as promulgated by the commissioner;
      3. Energy producers;
      4. Telecommunications services;
      5. Public transit;
      6. Users engaged in agricultural production, planting and harvesting; and
      7. Sanitation services.
    2. The commissioner shall promulgate rules, including emergency rules pursuant to the Uniform Administrative Procedures Act, compiled in chapter 5 of this title, to govern the administration of the set-aside program, including, but not limited to, the form, procedures, criteria and priority for set-aside allocation and distribution.
    3. The state set-aside program for petroleum products shall be operated to the extent that it does not preempt federal law.
    4. The state set-aside program shall terminate upon the issuance of an executive order stating that a shortage of petroleum products no longer exists.
  2. The office of energy programs shall assist with contingency plans, in coordination with power distributors in this state, to conserve electrical energy during emergency conditions. Such plans shall include the designation of priority users of electrical power.

Acts 1983, ch. 429, § 7; 2016, ch. 743, §§ 5-7, 11; T.C.A. § 4-3-711.

Code Commission Notes.

Former subsection (b), concerning the continued force and effect of rules promulgated and the program developed by the Tennessee energy authority, was deleted as obsolete by the code commission in 1991.

Compiler's Notes. Former § 4-3-711 was transferred to this section by Acts 2016, ch. 743, § 11, effective April 7, 2016.

4-3-514. Office of energy programs — Additional powers — Confidentiality.

  1. In furtherance of its duties under §§ 4-3-510–4-3-513 the office of energy programs has the power to:
    1. Collect energy-related information for the purpose of maintaining a current source of relevant data, and for supplying the office of energy programs, as well as other federal and state agencies and the general public, with the necessary information to enable them to make informed evaluations and decisions about energy-related problems;
    2. Perform such studies, analyses or surveys as it deems necessary to carry out the intent and purposes of this chapter. The office of energy programs shall first of all be concerned with providing any studies or analyses of energy information that the governor or appropriate committees of the general assembly shall request. In addition, within limitations of funds, time and staff capacities, the office of energy programs may provide such information for the general public, individual members of the general assembly, and other state and federal authorities;
      1. Maintain current reports on the supply, demand and price of the various energy resources, which shall include, but are not limited to:
        1. Coal;
        2. Electricity;
        3. Geothermal;
        4. Natural gas;
        5. Nuclear power;
        6. Petroleum; and
        7. Solar power;
      2. In maintaining such reports, the office of energy programs shall utilize data available from other state and federal sources to the extent possible to avoid duplication of requests;
    3. Monitor and analyze technological developments in the fields of energy resource exploration, extraction, utilization, production, distribution, conservation and end-product reuse;
    4. Provide an analysis of the availability of various energy resources as well as a forecast of the future demand and availability of those resources, where feasible;
    5. Establish an information distribution system to convey energy-related information to the general public and other interested persons;
    6. Obtain information on and monitor energy-related developments, including the following:
      1. Energy legislation pending before the United States congress;
      2. Proposed energy-related rules and regulations of federal agencies;
      3. Research development and demonstration activities affecting Tennessee;
      4. Federal grants for which citizens or government might apply;
      5. Energy proceedings and hearings of the various energy regulatory agencies;
      6. Energy-related activities and legislation in other states; and
      7. Such other energy-related activities as the head of the office of energy programs may assign;
    7. Coordinate the responses of other state agencies over and above the responses required under office of management and budget circular A-95, to federal energy programs and projects and present those agencies' views to the extent feasible; and
    8. Evaluate the practical, economic and financial feasibility of projects or facilities included under § 4-3-511(3).
    1. The office shall maintain the confidentiality of all proprietary information it may acquire.
    2. “Proprietary information” is defined as trade secrets and commercial or financial information that is used either directly or indirectly in the business of any person submitting information to the office under this chapter, and that gives such person an advantage or an opportunity to obtain an advantage over competitors who do not know or use such information.

Acts 1983, ch. 429, § 7; 2016, ch. 743, §§ 8, 9, 11; T.C.A. § 4-3-712.

Compiler's Notes. Former § 4-3-712 was transferred to this section by Acts 2016, ch. 743, § 11, effective April 7, 2016.

Cross-References. Confidentiality of public records, § 10-7-504.

4-3-515. Office of energy programs — Expenditure of funds.

Any federal funds expended pursuant to §§ 4-3-5104-3-514 shall only be obligated or expended in accordance with the program, terms, conditions and agreement under which such funds were received, unless specific authority to modify such program, terms, conditions or agreement has been received in writing from the granting authority.

Acts 1983, ch. 429, § 27; 2016, ch. 743, §§ 10, 11; T.C.A. § 4-3-713.

Compiler's Notes. Former § 4-3-713 was transferred to this section by Acts 2016, ch. 743, § 11, effective April 7, 2016.

Part 6
Department of Correction

4-3-601. Creation.

There is hereby created the department of correction.

Acts 1923, ch. 7, § 1; Shan. Supp., § 373a30; Code 1932, § 255; Acts 1937, ch. 33, § 1; 1939, ch. 11, § 1; 1955, ch. 102, § 1; modified.

Compiler's Notes. The department of correction, created by this section and § 4-3-101, terminates June 30, 2024. See §§ 4-29-112, 4-29-245.

Acts 2015, ch. 63, § 3 provided that the department of correction shall appear before the government operations joint evaluation committee on judiciary and government no later than October 1, 2015, to update the committee on the department’s progress in addressing the findings set forth in the September 2014 performance audit report.

Acts 2020, ch. 639, § 3 provided that the division of state audit within the office of the comptroller of the treasury shall submit a request for information to the department of correction regarding the department's progress in addressing the findings contained in the January 2020 performance audit report. The information received from the department is to be compiled by the division of state audit and submitted to the government operations joint evaluation committee on judiciary and government for review. The department shall appear before the joint evaluation committee no later than December 31, 2021, to update the committee on its progress in addressing the findings contained in the performance audit report as contained in the department's response to the information submitted to it by the division of state audit in accordance with this section.

Cross-References. Creation of the department of correction, § 4-3-101.

4-3-602. Commissioner — Appointment — Qualifications — Salary — Expenses — Secretary and other employees.

  1. The department of correction is under the charge and general supervision of the commissioner of correction.
  2. It is the duty of the governor to appoint a suitable person to the position of commissioner of correction, who shall serve for a term coeval with that of the governor, or until the commissioner's successor is appointed and qualified. In the case of a vacancy in the office, it is the duty of the governor to appoint a suitable person to fill the office for the unexpired term. In order to be qualified for the office, a person shall be not less than twenty-five (25) years of age, a person of good character, and a person with training and experience in institutional operation and management in similar activities. The commissioner, upon the commissioner's appointment, shall take the oath required by law of other state officers.
  3. The commissioner shall receive as compensation for the commissioner's services a salary to be fixed by the governor as provided in § 8-23-101, payable monthly upon warrant of the commissioner of finance and administration, and also the commissioner's traveling expenses incurred in official business, when itemized and approved by the governor.
  4. The commissioner shall be provided with a suitable office, and with such furniture, supplies, books and appliances as may be necessary, the expense thereof to be audited and paid like other state expenses.
  5. The commissioner is authorized to appoint:
    1. A secretary and stenographer for the department, who shall have charge of and keep a record of the transactions of the department and all books and accounts, and perform such other duties as may be assigned to the secretary and stenographer by the commissioner, and shall receive a salary payable monthly upon warrant of the commissioner of finance and administration; and
    2. Such other employees as may be necessary to enable the department to efficiently discharge its duties.

Acts 1919, ch. 39, §§ 3, 4, 7; 1921, ch. 1, § 1; 1923, ch. 7, §§ 2, 58; impl. am. Acts 1923, ch. 7, §§ 1, 5, 42; Shan. Supp., §§ 312b3-312b6, 312b9, 373a32; Code 1932, §§ 257, 372-375, 378; Acts 1937, ch. 33, §§ 2, 24; 1939, ch. 11, § 2; 1939, ch. 178, § 1; impl. am. Acts 1949, ch. 38, § 1; C. Supp. 1950, §§ 373, 374, 378; impl. am. Acts 1955, ch. 102, § 1; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; impl. am. Acts 1965, ch. 252, § 1; Acts 1979, ch. 32, § 1; T.C.A. (orig. ed.), §§ 4-603 — 4-605, 4-609; modified; Acts 1980, ch. 887, § 2.

Cross-References. Oaths of office, §§ 8-18-107 -- 8-18-114.

4-3-603. Duties of commissioner.

  1. The commissioner is the executive officer of the department of correction and has the immediate charge of the management and government of the institutions of the department, and the commissioner shall devote the commissioner's entire time and attention to the duties of the commissioner's position.
  2. In addition to any other duties provided by law, when it appears to the commissioner, in the commissioner's sole discretion, that the available facilities and institutions of the department that are designed for the custody of inmates are overcrowded, the commissioner shall endeavor to alleviate such overcrowded conditions by contracting with local governmental entities, when possible, for the care, custody, and control in local jails, workhouses, penal farms or other such facilities, of inmates who have been committed to the department, or by any other means permitted by law.

Acts 1919, ch. 39, § 5; impl. am. Acts 1923, ch. 7, §§ 1-3, 42; Shan. Supp., § 312b7; Code 1932, § 376; impl. am. Acts 1955, ch. 102, § 1; Acts 1979, ch. 344, § 1; T.C.A. (orig. ed.), § 4-606.

NOTES TO DECISIONS

1. Power to Confiscate.

The department of correction cannot permanently confiscate cash found in an inmate's possession in violation of prison rules unless the general assembly has specifically authorized such a forfeiture. Blackmon v. Norris, 775 S.W.2d 367, 1989 Tenn. App. LEXIS 311 (Tenn. Ct. App. 1989).

4-3-604. Investigations by commissioner.

  1. The commissioner may make such investigations as the commissioner may deem necessary to the performance of the commissioner's duties, and to that end the commissioner shall have the same power as a judge of the court of general sessions to administer oaths and to enforce the attendance and testimony of witnesses and the production of books and papers.
  2. The commissioner shall keep a record of such investigations, stating the time, place, character or subject, witnesses summoned and examined, and the commissioner's conclusions.
  3. In matters involving the conduct of an officer, a stenographic report of the evidence shall be taken and a copy thereof with all documents introduced kept on file at the office of the department.
  4. The fees of witnesses for attendance and travel shall be the same as in the circuit court, but no officer or employee of the institution under investigation shall be entitled to such fees.
  5. Any judge of the circuit court, either in term time or in vacation, upon application of the commissioner, may compel the attendance of witnesses, the production of books or papers and the giving of testimony before the commissioner, by a judgment for contempt or otherwise, in the same manner as in cases before a circuit court.

Acts 1919, ch. 39, § 25; impl. am. Acts 1923, ch. 7, §§ 1, 2, 42; Shan. Supp., § 312b48; Code 1932, § 417; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 4-652.

4-3-605. Organization of department.

The commissioner of correction has the authority, with the approval of the governor, to organize the work of the department under such divisions as may be necessary to carry it on most efficiently and economically.

Acts 1923, ch. 7, § 43; Shan. Supp., § 373a104; Code 1932, § 323; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 4-607.

Cross-References. Reorganization of divisions, § 4-4-101.

4-3-606. Powers and duties of department.

The department of correction shall exercise all the rights, powers and duties described in chapter 6 of this title and otherwise vested by law in the department, the commissioner, and the commissioner's officers, assistants and employees.

Acts 1937, ch. 33, § 58; 1939, ch. 11, § 36; C. Supp. 1950, § 255.57 (Williams, § 255.61); modified; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 4-311.

NOTES TO DECISIONS

1. Power to Confiscate.

The department of correction cannot permanently confiscate cash found in an inmate's possession in violation of prison rules unless the general assembly has specifically authorized such a forfeiture. Blackmon v. Norris, 775 S.W.2d 367, 1989 Tenn. App. LEXIS 311 (Tenn. Ct. App. 1989).

4-3-607. Record of transactions.

A record of the transactions of the department of correction shall be kept by the commissioner, or under the commissioner's direction by the secretary.

Acts 1919, ch. 39, § 6; impl. am. Acts 1923, ch. 7, §§ 1, 2, 42; Shan. Supp., § 312b8; Code 1932, § 377; T.C.A. (orig. ed.), § 4-608.

4-3-608. Local jails — Approval of construction plans.

All plans for new jails shall, before the adoption of the same by the county or city authorities, be submitted to the commissioner for suggestions and criticism.

Acts 1895, ch. 193, § 2; Shan., § 2674; impl. am. Acts 1923, ch. 7, §§ 1, 2, 42; Code 1932, § 4571; impl. am. Acts 1947, ch. 13, § 3; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 4-626.

4-3-609. Exercise of police powers by employees.

  1. Those employees of the department of correction as the commissioner shall designate who have been trained in the use of firearms are vested with the powers and authority of law enforcement officers, including the authority to carry weapons, and may exercise such powers and authority while performing special details and assignments in the course of their duties as authorized by the commissioner. These instances may include the search for and apprehension of escapees, transporting inmates, assisting other law enforcement agencies, and other functions while on duty and under the supervision of the department.
    1. Those employees of the department of correction appointed as special agents or as director of internal affairs and who have successfully completed law enforcement training in accordance with internal standards, including firearms training and successful completion of the Tennessee bureau of investigation's basic agent training, shall be fully vested and sworn by the commissioner as full-time law enforcement officers. The department's internal standards shall include, at a minimum, forty (40) hours initial training and eight (8) hours annual in-service training in firearms qualification administered by an instructor with certification from the Tennessee Correction Academy's firearms instructor program or from a police firearms instructor training program conducted or sanctioned by the federal bureau of investigation or the National Rifle Association. These agents and director shall have full authority to investigate and enforce the laws of the state and their mission shall focus on matters relative to the department of correction as well as those matters assisting other local, state, and federal agencies. These agents and director shall be so commissioned to carry weapons in the course of their duties and as is consistent with applicable standards for law enforcement personnel.
    2. Persons employed by the department of correction as internal affairs special agents or as an internal affairs director shall have the full power to administer oaths and take oral and written statements.
  2. The commissioner shall also establish internal procedures concerning appropriate exercise of the powers and authority vested by this section.

Acts 1980, ch. 485, § 1; 1985, ch. 10, § 1; 2002, ch. 525, § 1; 2009, ch. 191, § 1; 2012, ch. 603, § 1.

4-3-610. Assistance in acquiring dogs for detection of drugs.

  1. The state of Tennessee, acting though the commissioner and department of correction, is authorized to assist counties and municipalities in acquiring dogs trained to detect marijuana and other illicit substances for use in jails and workhouses for the purposes set out in § 41-1-118.
  2. Sheriffs, police chiefs and other local law enforcement officials are encouraged to utilize the dogs provided for in subsection (a).

Acts 1983, ch. 120, § 3.

4-3-611. Disclosure of the death of persons in the custody of the department of correction.

The commissioner of correction shall provide a report of any death of any person in the custody of the department at a department facility within ten (10) business days of the death of such person to the state senator and representative representing such person. The legislators representing such person shall be determined by the home address of the person in the state. This section shall not apply to the deaths of persons who were not residents of Tennessee prior to being placed in the custody of the department.

Acts 2005, ch. 168, § 1.

4-3-612. Contribution to funeral expenses of correctional employee killed in line of duty.

  1. This section shall be known and may be cited as the “Debra Johnson Act.”
  2. The department of correction may, if the commissioner of correction deems it appropriate, contribute up to two thousand dollars ($2,000) in state funds toward the funeral and burial expenses, as defined in § 1-3-105, of any correctional employee killed in the line of duty.

Acts 2020, ch. 779, § 1.

Part 7
Department of Economic and Community Development

4-3-701. Creation.

There is hereby created the department of economic and community development.

Acts 1972, ch. 852, § 4; modified.

Compiler's Notes. For creation of the economic cabinet council, see Executive Order No. 17 (March 2, 1988).

The department of economic and community development, created by this section and § 4-3-101, terminates June 30, 2021. See §§ 4-29-112, 4-29-242.

Cross-References. Creation of the department of economic and community development, § 4-3-101.

4-3-702. Commissioner.

  1. The department of economic and community development shall be under the charge and general supervision of the commissioner of economic and community development.
  2. The commissioner shall be appointed by the governor.
  3. The commissioner has the authority to promulgate rules and regulations necessary for the operation of the department or to effectuate any of the programs or responsibilities of any of the divisions of the department. Such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in chapter 5 of this title.

Acts 1972, ch. 852, §§ 6, 16; modified; T.C.A., § 4-302; Acts 1984, ch. 666, § 1.

Code Commission Notes.

The phrase “from among nominations received by the governor from the Tennessee board for economic growth”, formerly appearing at the end of (b), was deleted as obsolete by the Code Commission in 2015 since the board no longer exists.

Compiler's Notes. The Tennessee board for economic growth, formerly referred to in this section, was repealed by Acts 2009, ch. 105, §§ 2 and 3, effective April 27, 2009.

Cross-References. Industrial development loans, §§ 4-31-3064-31-308.

4-3-703. General functions.

It is the function of the department of economic and community development to coordinate development services to communities, businesses and industries in the state.

Acts 1972, ch. 852, § 5; T.C.A., § 4-343.

Cross-References. Department to manage and supervise bonds issued by Mill Creek watershed flood control authority, § 64-3-104.

Major energy projects, coordination of regulation, title 13, ch. 18.

4-3-704. Divisions — Creation.

  1. There are created within the department of economic and community development the following divisions:
    1. The administrative and support services division;
    2. The industrial development division; and
    3. [Deleted by 2016 amendment.]
  2. The commissioner is authorized, with the consent of the governor, to appoint directors of these divisions, to combine, consolidate, or abolish any of these divisions, or to create such new divisions as are necessary to carry out the duties imposed upon the commissioner and this department.

Acts 1959, ch. 9, § 11; 1963, ch. 169, §§ 1, 3; 1972, ch. 852, § 10; 1976, ch. 468, § 7; T.C.A., § 4-343; Acts 1983, ch. 429, § 5; 2016, ch. 743, § 1.

Cross-References. Business enterprise office created, § 4-26-101.

Office of business enterprise, duties, § 4-3-728.

Reorganization of divisions, § 4-4-101.

4-3-705. Administrative and support services division — Functions.

It is the function of the administrative and support services division to provide development services and marketing programs for the other divisions of this department and to provide administrative and budgetary services for the entire department.

Acts 1972, ch. 852, § 11; T.C.A., § 4-343.

4-3-706. Industrial development — Powers and duties.

  1. It is the function of the department of economic and community development to stimulate the creation of new jobs and income through services to business and industry.
  2. The department shall exercise all of the administrative powers, duties and functions described in §§ 4-14-103 — 4-14-107.
  3. The department has the power to make rules and regulations not inconsistent with law for the administration of its functions and duties.
  4. The department shall provide for the administration of title 68, chapter 202, part 1.

Acts 1959, ch. 9, § 11; 1963, ch. 169, §§ 2, 3; 1972, ch. 852, § 12; T.C.A., §§ 4-331, 4-343; modified; Acts 1985, ch. 256, § 6.

Code Commission Notes.

Former subsection (d), which provided that the former board for economic growth serve as an advisory commission to the commissioner of economic and community development,  was deleted as obsolete by the Code Commission in 2015.

Compiler's Notes. The Tennessee board for economic growth, formerly referred to in this section, was repealed by Acts 2009, ch. 105, §§ 2 and 3, effective April 27, 2009.

4-3-707. Industrial development authority — Transfer of duties.

The duties required of the Tennessee industrial development authority as of June 30, 1981, relative to the outstanding loan guarantees and commitments made by the authority, are transferred to the department of economic and community development.

Acts 1981, ch. 521, §§ 2, 3.

Code Commission Notes.

Former subsection (b), concerning transfer of moneys on deposit in the Tennessee industrial development authority fund on July 1, 1981, to the general fund, was deleted as obsolete by the code commission in 1991.

4-3-708. Broadband accessibility grant program.

  1. The commissioner of economic and community development is authorized to establish and administer the broadband accessibility grant program, referred to in this section as the “program,” for the purpose of promoting the deployment and adoption of broadband internet access services, referred to in this section as “broadband services.”
  2. The program is funded through the Tennessee broadband accessibility fund, referred to in this section as the “fund,” established as a separate account in the general fund. Subject to the availability of revenue at the end of each fiscal year, the commissioner of finance and administration is authorized to carry forward any amounts remaining in the fund or transfer any part of the fund to the revenue fluctuation reserve. Moneys in the fund shall be invested by the state treasurer pursuant to title 9, chapter 4, part 6 for the sole benefit of the fund.
  3. The fund is subject to appropriations by the general assembly and gifts, grants, and other donations received by the department of economic and community development for the program or fund.
  4. The program is administered pursuant to policies developed by the department. The policies must provide for the awarding of grants to political subdivisions or entities of political subdivisions, corporations, limited liability companies, partnerships or other business entities that provide broadband services; cooperatives organized under the Rural Electric and Community Services Cooperative Act, compiled in title 65, chapter 25, or the Telephone Cooperative Act, compiled in title 65, chapter 29; and any other entity authorized by state law to provide broadband services.
  5. Grants must be awarded to promote the deployment and adoption of broadband services with minimum download speeds of ten megabits per second (10 Mbps) and minimum upload speeds of one megabit per second (1 Mbps) to locations without broadband services at these minimum speeds. Grants must be awarded pursuant to criteria developed by the department of economic and community development, with priority given to projects that:
    1. Serve locations without access to download speeds of at least ten megabits per second (10 Mbps) and upload speeds of at least one megabit per second (1 Mbps);
    2. Propose to acquire and install infrastructure that supports broadband services scalable to higher download and upload speeds. However, this priority shall not take precedence over serving a greater number of locations or larger area;
    3. Serve locations with demonstrated community support, including, but not limited to, documented support from the political subdivision or the political subdivision receiving designation as a broadband ready community pursuant to § 4-3-709;
    4. Have not received funds or have not been designated to receive funds through other state or federally funded grant programs designed specifically to encourage broadband deployment in an area within a location without the minimum speeds as described in this subsection (e); and
    5. Will provide higher download and upload speeds of broadband service to the locations served.
  6. Notwithstanding subsection (e), the department may award a portion of grant funds to local libraries in this state for the purpose of assisting the libraries in offering digital literacy training pursuant to state library and archives guidelines.
  7. Moneys in the fund may be used by the department of economic and community development for the purpose of administering the program. However, the expenses incurred to administer the program must not exceed five percent (5%) of the total amount appropriated for the program in any fiscal year.
  8. For any year in which grants are distributed under the program, the department shall produce a report on the status of grants under the program, including progress toward increased access to and adoption of broadband services. The report must be provided to the governor, speaker of the house of representatives, and speaker of the senate and published on the department's website.

Acts 2017, ch. 228, § 2.

Compiler's Notes. Former § 4-3-708 was transferred to § 4-3-510 by Acts 2016, ch. 743, § 11, effective April 7, 2016.

Acts 2017, ch. 228, § 1 provided that the act, which enacted this section, shall be known and may be cited as the “Tennessee Broadband Accessibility Act.”

§ 4-10-113, enacted by Acts 2017, ch. 228, § 3, provides that the Tennessee advisory commission on intergovernmental relations is directed to study and prepare a report updating its January 2017 Report on broadband services which shall be delivered to the general assembly by January 15, 2021.

4-3-709. Designation as broadband ready community.

  1. A political subdivision may apply to the department of economic and community development for designation as a “broadband ready community” pursuant to guidelines established by the department. The guidelines for designation must include a requirement that the political subdivision has adopted an efficient and streamlined ordinance or policy for reviewing applications and issuing permits related to projects relative to broadband services. The ordinance or policy must contain the following:
    1. A single point of contact for all matters related to a project;
    2. A provision that all applications related to a project will be reviewed and either approved or denied within thirty (30) business days after the application is submitted; and
    3. An authorization that all forms, applications, and documentation related to a project may be signed by electronic means, where possible.
  2. A political subdivision shall not be designated a broadband ready community if the ordinance or policy:
    1. Requires an applicant to designate a final contractor to complete a project;
    2. Imposes an unreasonable fee for reviewing an application or issuing a permit for a project. A fee that exceeds one hundred dollars ($100) is unreasonable for the purposes of this section;
    3. Imposes a seasonal moratorium on the issuance of permits for projects; or
    4. Discriminates among communications services providers or utilities with respect to any action related to a broadband project, including granting access to public rights-of-way, infrastructure and poles, and any other physical assets owned or controlled by the political subdivision.

Acts 2017, ch. 228, § 2.

Compiler's Notes. Former § 4-3-709 was transferred to 4-3-511 by Acts 2016, ch. 743, § 11, effective April 7, 2016.

Acts 2017, ch. 228, § 1 provided that the act, which enacted this section, shall be known and may be cited as the “Tennessee Broadband Accessibility Act.”

4-3-710 — 4-3-713. [Reserved.]

It is the intent of the general assembly that the department of economic and community development provide periodic reports to the government operations committees of the senate and the house of representatives relative to corrective steps to address the audit findings of the office of the comptroller.

Acts 2006, ch. 936, § 3.

Compiler's Notes. Former § 4-3-714 (Acts 1983, ch. 429, § 11; 1988, ch. 654, § 1), concerning the energy advisory board, was repealed by Acts 2000, ch. 561, § 1, effective July 1, 2000. Acts 2000, ch. 561, § 2 provided that notwithstanding § 4-29-112, or any other law to the contrary, the energy advisory board, created by this section, terminated and ceased all activities on July 1, 2000.

4-3-715. Short title — Purpose.

Sections 4-3-715 — 4-3-717 shall be known and may be cited as “The Tennessee Job Growth Act of 2005” and are enacted for the purpose of establishing the FastTrack infrastructure development and job training assistance and economic development programs within the department of economic and community development to assist new and existing business and industry that locate or expand in this state and create or retain jobs.

Acts 2005, ch. 233, § 2; 2012, ch. 1038, § 1.

Compiler's Notes. Acts 2005, ch. 233, § 5 provided that no expenditure of public funds pursuant to the act shall be made in violation of the provisions of Title VI of the Civil Rights Act of 1964, as codified in 42 U.S.C. § 2000d.

4-3-716. FastTrack infrastructure development and job training assistance and economic development fund — Funding — Uses of fund — Legislative intent.

  1. The FastTrack infrastructure development and job training assistance and economic development fund, referred to as the “FastTrack fund” in this section and in § 4-3-717, is established as a separate account in the general fund.
  2. The FastTrack fund is composed of:
    1. Funds appropriated by the general assembly for the FastTrack fund; and
    2. Gifts, grants and other donations received by the department of economic and community development for the FastTrack fund.
  3. Money in the FastTrack fund may be used by the department of economic and community development for program administration, marketing expenses and program evaluation; however, such expenses shall not exceed five percent (5%) of the total amount appropriated for the program in any fiscal year.
  4. Subject to the availability of revenue at the end of each fiscal year, the commissioner of finance and administration is authorized to carry forward any amounts remaining in the FastTrack fund or transfer any part of the fund to the revenue fluctuation reserve.
  5. Moneys in the FastTrack fund shall be invested by the state treasurer pursuant to title 9, chapter 4, part 6, for the sole benefit of the FastTrack fund, and interest accruing on investments and deposits of such fund shall be returned to such fund and remain part of the FastTrack fund.
  6. It is the intent of the general assembly that, to the extent practicable, money from the FastTrack fund shall be spent in all areas of the state.
  7. It is the legislative intent that new commitments made by the commissioner of economic and community development for grants from the FastTrack fund shall not exceed the appropriations made for the purposes of the FastTrack infrastructure development, job training assistance and economic development programs. The commissioner of economic and community development is authorized, subject to the concurrence of the state funding board, to determine the amount of new commitments unlikely to be accepted based on historical program trends and may over-commit to the extent of such determination. In no event may such over-commitments exceed thirty percent (30%) of the appropriations available for new grants. It is further the legislative intent that in each fiscal year the FastTrack programs be managed so that actual expenditures and obligations to be recognized at the end of the fiscal year shall not exceed any available reserves and appropriations of the programs.
  8. No less frequently than quarterly, the commissioner of economic and community development shall report to the commissioner of finance and administration the status of the appropriations for the FastTrack fund, such report to include at least the following information: the amount of each commitment accepted since the previous report and the name of the company receiving the benefit of such commitment, the total outstanding commitments and the total unobligated appropriation. A copy of each such report shall be transmitted to the speaker of the house of representatives and the speaker of the senate, the state treasurer, the state comptroller, the office of legislative budget analysis, and the secretary of state.

Acts 2005, ch. 233, § 3; 2010, ch. 1030, § 2; 2012, ch. 1038, §§ 2-5; 2016, ch. 797, § 2.

Compiler's Notes. Acts 2005, ch. 233, § 5 provided that no expenditure of public funds pursuant to the act shall be made in violation of the provisions of Title VI of the Civil Rights Act of 1964, as codified in 42 U.S.C. § 2000d.

4-3-717. Grants and loans.

  1. FastTrack infrastructure development, training, and economic development grants from the FastTrack fund shall be made only where there is a commitment by a responsible official in an eligible business for the creation or retention of private sector jobs and private investment, or where the commissioner of economic and community development determines that such investment will have a direct impact on employment and investment opportunities in the future.
    1. FastTrack industrial infrastructure and industrial site preparation grants or loans to assist eligible businesses may be made only to local governments or to their economic development organizations or other political subdivisions of the state.
    2. Infrastructure grants may not be applied to private land or to land that is expected to become privately owned.
    3. Land owned by a political subdivision of the state shall not be considered private land and any such land that is subject to a purchase option by a private entity shall not be considered to be land that is expected to become privately owned so long as the purchase option covering the land may not be exercised for a period of at least five (5) years following the date of an infrastructure grant pursuant to this section.
  2. FastTrack industrial training grants from the FastTrack fund shall be awarded only to eligible businesses for industrial training under the following conditions:
    1. To support the training of new employees for locating or expanding industries; and
    2. To support the retraining of existing employees where retraining is required by the installation of new machinery or production processes.
    1. FastTrack economic development grants or loans to assist eligible businesses may be made only to local governments or to their economic development organizations or other political subdivisions of the state. FastTrack economic development grants or loans may be used to facilitate economic development activities that are not eligible for FastTrack infrastructure development or job training assistance funds. These activities include, but are not limited to, grants or loans for retrofitting, relocating equipment, purchasing equipment, building repairs and improvements, temporary office space or other temporary equipment related to relocation or expansion. It is the intent of the general assembly that these economic development funds be used in exceptional circumstances when the funds will make a proportionally significant economic impact on the affected community.
    2. The department of economic and community development shall notify and provide to the state funding board a detailed written explanation of the purpose for which a FastTrack economic development grant or loan is being awarded or used when FastTrack economic development grants or loans are awarded or used for activities that are not eligible for FastTrack infrastructure development or job training assistance funds.
    3. The state funding board shall maintain as confidential any records or information obtained in accordance with subdivision (d)(2) that is otherwise confidential pursuant to state law.
  3. The total amount of FastTrack grants or loans made pursuant to these programs shall not exceed seven hundred fifty thousand dollars ($750,000) per eligible business within any three-year period beginning July 1, 2005, unless approved by the state funding board. The state funding board is authorized to establish, by policy or action, the process by which the commissioner of economic and community development shall seek and receive approval for such grants and loans to exceed the dollar limitation.
  4. In determining the level of grant assistance for infrastructure and site preparation consideration shall be given to local ability-to-pay with areas of lesser ability being eligible for higher grant rates.
  5. Notwithstanding any other law to the contrary, the department shall post the following information on its website at least quarterly:
    1. The name of the company or entity receiving FastTrack funds;
    2. The amount of the FastTrack funds received;
    3. The number of jobs to be created by a project funded by FastTrack funds; and
    4. The location of a project funded by FastTrack funds.
  6. As used in §§ 4-3-715, 4-3-716 and this section, unless the context otherwise requires:
    1. “Eligible business” means:
      1. Manufacturing and other types of economic activities which export more than half of their products or services outside of Tennessee;
      2. Businesses where more than half of the business' products or services enter into the production of exported products;
      3. Businesses where the uses of the business' products primarily result in import substitution on the replacement of imported products or services with those produced in the state; or
      4. Other types of economic activity, including, but not limited to, research funding, technology projects and other projects that contribute significantly to community development education as determined by the commissioner of economic and community development to have a beneficial impact on the economy of the state; and
    2. “Industrial infrastructure” includes, but is not limited to, water, wastewater, or transportation systems, line extensions or industrial site preparation where it is demonstrated that such infrastructure improvements are necessary for the location or expansion of business or industry. Industrial infrastructure also means significant technological improvements, including, but not limited to, digital switches, fiber optic cabling or other technological improvements determined by the commissioner of economic and community development to have a beneficial impact on the economy of this state.

Acts 2005, ch. 233, § 4; 2012, ch. 1038, §§ 6-8; 2013, ch. 71, § 1.

Compiler's Notes. Acts 2005, ch. 233, § 5 provided that no expenditure of public funds pursuant to the act shall be made inviolation of the provisions of Title VI of the Civil Rights Act of 1964, as codified in 42 U.S.C. § 2000d.

Cross-References. Confidentiality of public records,  § 10-7-504.

4-3-718. Propelling rural economic progress fund (P.R.E.P.).

  1. The propelling rural economic progress fund, referred to as the “P.R.E.P. fund” in this part, is established as a separate account in the general fund.
  2. The P.R.E.P. fund shall be composed of:
    1. Funds appropriated by the general assembly for the P.R.E.P. fund; and
    2. Gifts, grants, and other donations received by the department of economic and community development for the P.R.E.P. fund.
  3. Moneys in the P.R.E.P. fund may be used by the department of economic and community development for program administration, marketing expenses, and program evaluation; provided, however, such expenses shall not exceed five percent (5%) of the total amount appropriated for the program in any fiscal year.
  4. Subject to the availability of revenue at the end of each fiscal year, the commissioner of finance and administration is authorized to carry forward any amounts remaining in the P.R.E.P. fund or transfer any part of the fund to the revenue fluctuation reserve.
  5. Moneys in the P.R.E.P. fund shall be invested by the state treasurer pursuant to title 9, chapter 4, part 6, for the sole benefit of the P.R.E.P. fund, and interest accruing on investments and deposits of the P.R.E.P. fund shall be returned to and remain part of the P.R.E.P. fund.
  6. To the extent practicable, moneys from the P.R.E.P. fund shall be spent in all three (3) grand divisions of the state.
  7. New commitments made by the commissioner of economic and community development for grants from the P.R.E.P. fund shall not exceed the appropriations made for the purposes of the program. In each fiscal year, the P.R.E.P. fund shall be managed so that actual expenditures and obligations to be recognized at the end of the fiscal year shall not exceed any available reserves and appropriations of the programs.
  8. At least quarterly, the commissioner of economic and community development shall report to the commissioner of finance and administration the status of the commitments from the P.R.E.P. fund. The report shall include at least the following information: the amount of each commitment accepted since the previous report; the applicant receiving the benefit of each commitment; the total outstanding commitments; and the total unobligated balance. A copy of the report shall be transmitted to the speaker of the house of representatives and the speaker of the senate, the chairs of the finance, ways and means committees, the state treasurer, the state comptroller, the office of legislative budget analysis, and the secretary of state.

Acts 2016, ch. 1019, § 2.

Compiler’s Notes. Acts 2016, ch. 1019, § 1 provided that the act shall be known and may be cited as the “Rural Economic Opportunity Act of 2016”.

4-3-719. Grants from the P.R.E.P. fund.

  1. Grants from the P.R.E.P. fund created in § 4-3-718 may be made in all counties where the commissioner of economic and community development determines that the grants will have a direct impact on employment and investment opportunities in the future.
  2. Grants from the P.R.E.P. fund may be made only to local governments or their economic development organizations, other political subdivisions of the state, any subdivision of state government, or to not-for-profit organizations.
  3. Grants from the P.R.E.P. fund may be used to facilitate economic development activities in rural areas or in a manner that directly impacts rural areas. These activities include: site development activities; infrastructure activities; tourism-related activities; planning activities; training and mentoring activities; entrepreneurship activities; significant technological improvements; or other economic development activities determined by the commissioner of economic and community development to have a beneficial impact on the economy of this state.
  4. Notwithstanding any other law to the contrary, the department shall post the following information on its website at least quarterly:
    1. The name of each P.R.E.P. fund grant recipient;
    2. The amount of each P.R.E.P. fund grant; and
    3. A description of the project to be funded by each P.R.E.P. fund grant.

Acts 2016, ch. 1019, § 3.

Compiler’s Notes. Acts 2016, ch. 1019, § 1 provided that the act shall be known and may be cited as the “Rural Economic Opportunity Act of 2016”.

4-3-720. Short title — Purpose — Contributions made by governmental entity pursuant to master development plan.

  1. This section shall be known, and may be cited as, the “Master Development Plan Recognition Act.”
  2. The purpose of this section is to define those actions taken by a governmental entity that constitute contributions made by the governmental entity pursuant to a master development plan approved by the governmental entity for purposes of Section 118 of the Internal Revenue Code of 1986 (26 U.S.C. § 118), as amended by Pub. L. No. 115-97, § 13312.
  3. Contributions made by a governmental entity pursuant to a master development plan approved by the governmental entity within the meaning of Section 118 of the Internal Revenue Code of 1986 (26 U.S.C. § 118), as amended by Pub. L. No. 115-97, § 13312, include, but are not limited to, the following:
    1. Grants approved by the commissioner of economic and community development, including grants authorized or otherwise referenced in this part, regardless of whether the grants are also approved by any other agency, board, or other office of state government, and regardless when the funding in connection with the grant is authorized or paid, or both;
    2. Grants approved by an authorized representative of any county or municipality within the state of Tennessee or any agency of, or entity created by, the county or municipality, whether the funding for the grants originates in whole or in part with the state of Tennessee or with the county or municipality, including, but not limited to, grants that are authorized by, or referenced in, this part, and regardless of when the funding in connection with the grant is authorized or paid, or both;
    3. Tax increment financing applications for which a letter, or final, preliminary, or conditional approval, has been issued by an appropriate representative of state, county, or municipal government, and regardless of when the funding in connection with the tax increment financing application is authorized or paid, or both; and
    4. Any other development plan, redevelopment plan, revitalization plan, or similar plan approved by an appropriate representative of state, county, or municipal government, and regardless of when the funding in connection with the plan is authorized or paid, or both.

Acts 2018, ch. 852, § 1.

Compiler's Notes. Acts 2018, ch. 852, § 2 provided that the act, which enacted this section, shall  apply to contributions made by a governmental entity on or after December 22, 2017, which is the date of enactment of Pub. L. No. 115-97, §  13312.

4-3-721. Report relating to disaster resilience.

The commissioner of economic and community development is directed to report to the local government committee of the house of representatives and the state and local government committee of the senate each year on or before January 15 concerning the department of economic and community development's financial and program monitoring of the use of federal community development block grant funding to counties and municipalities from the United States department of housing and community development for disaster resilience purposes. The reports to the legislative committees shall continue annually until the commissioner certifies that no funds remain to be expended for disaster resilience from the federal community development block grant funding.

Acts 2018, ch. 947, § 1.

4-3-722. Tennessee Rural Hospital Transformation Act of 2018. [Effective until July 1, 2021.]

  1. This section shall be known and may be cited as the “Tennessee Rural Hospital Transformation Act of 2018.”
  2. As used in this section:
    1. “Advisory committee” means a committee convened as often as necessary by the department that is composed of one (1) or more representatives from each of the following: department of health, department of labor and workforce development, bureau of TennCare, board of regents, and other public and private stakeholders as deemed appropriate by the department;
    2. “Contractor” means individual consultants or professional firms, preferably with rural healthcare experience and expertise;
    3. “Department” means the department of economic and community development;
    4. “Rural hospital” means a hospital located outside of a major urban or suburban area; provided, that the hospital may be located within a metropolitan statistical area;
    5. “Rural hospital transformation program” refers to a program administered by the department to support rural hospitals in assessing viability and identifying new delivery models, strategic partnerships, and operational changes that enable the continuation of needed healthcare services in rural communities;
    6. “Target hospital” means a rural hospital determined to be eligible by the state for the rural hospital transformation program; and
    7. “Transformation plan” means a strategic plan developed by one (1) or more contractors in close collaboration with target hospitals and community stakeholders to provide recommendations and actionable steps for preserving healthcare services in the target hospital community.
    1. The department, in consultation with the advisory committee, shall establish and manage the rural hospital transformation program.
    2. The department, in consultation with the advisory committee, shall identify one (1) or more contractors to provide consultations to target hospitals for the creation of transformation plans, which shall include:
      1. Focused strategies for transitioning the hospital into a sustainable business model in order to avoid or prevent closure;
      2. Recommendations for utilizing transformation funding to offset transition costs;
      3. Recommendations for funding remaining transitions costs with hospital or community resources;
      4. Recommendations for ensuring that appropriate and viable services are provided in the target hospital community, serving the best interests of the patients and caregivers;
      5. Recommendations for strategic partnerships and alliances where practical; and
      6. Where partnerships are not practical, recommendations for coordination with the surrounding healthcare community including safety-net providers and tertiary hospitals.
    3. Target hospitals may submit applications to the department for review and approval to receive consultation from identified contractors for the development of a transition plan. The content of applications shall be directed by the department in consultation with the advisory committee.
  3. Transformation plans shall be developed through collaboration between the contractor, target hospital, target hospital community stakeholders, and other appropriate stakeholders.
  4. Finalized transformation plans shall include a timeline for implementation and must be submitted to the department.
  5. The department shall receive periodic updates on the implementation of the transformation plans and monitor the progress of target hospitals.
  6. The department's expenditures pursuant to this section shall not exceed one million dollars ($1,000,000) per fiscal year.
  7. This section is terminated on July 1, 2021.

Acts 2018, ch. 1055, § 1.

4-3-723 — 4-3-726. [Reserved.]

  1. There is created a local government planning advisory committee composed of seven (7) officers of local governments to be appointed by the governor for a term of four (4) years; provided, that four (4) of the members shall be appointed for an initial term of four (4) years and three (3) for an initial term of two (2) years.
  2. Membership on the committee shall terminate upon:
    1. Separation of any member from local government office; or
    2. The failure of any member to attend three (3) consecutive meetings of the committee.
  3. The governor shall fill vacancies for any unexpired term.
  4. No member shall serve for more than one (1) consecutive term.
  5. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. All members of the committee shall serve as such without compensation, but they shall be allotted necessary traveling and other appropriate expenses while engaged in the work of or for the committee.
  6. The committee has the duty to exercise the powers over regional planning commissions provided for in §§ 13-3-101 and 13-3-102.
  7. The committee shall adopt and implement a conflict of interest policy for committee members. The policy shall mandate annual written disclosures of financial interests, other possible conflicts of interest, and an acknowledgement by committee members that they have read and understand all aspects of the policy. The policy shall also require persons who are to be appointed to the committee to acknowledge, as a condition of appointment, that they are not in conflict with the conditions of the policy.

Acts 1972, ch. 542, § 7; 1976, ch. 806, § 1(51); T.C.A., § 13-102; T.C.A., § 13-1-102; Acts 1983, ch. 442, § 2; 1985, ch. 104, § 1; 1988, ch. 548, § 3; 2011, ch. 509, § 3; 2013, ch. 252, § 5.

Compiler's Notes. The local government planning advisory committee, created by this section, terminates June 30, 2022. See §§ 4-29-112, 4-29-243.

4-3-728. Community development block grants to disadvantaged businesses.

  1. Notwithstanding any law to the contrary, in the allocation and use of community development block grants it is the policy of this state that a substantial portion of such grants shall be utilized whenever reasonably possible for the development of contracts with disadvantaged businesses as defined in § 4-26-102.
  2. The office of business enterprise in the department of economic and community development shall advise the commissioner, or any other official with authority to allocate or disperse community block grants, of disadvantaged businesses that should be considered as recipients of such block grants.
  3. The office of business enterprise shall annually report not later than December 1, to the general assembly, of all such advisements regarding disadvantaged businesses and the number of or amount of community block grants received by disadvantaged businesses.

Acts 1984, ch. 873, § 1.

4-3-729. [Reserved.]

  1. The department of economic and community development adopts as its official policy the principle of open records and, unless otherwise provided by this section, the information and documents maintained, received or produced by such department shall be open for inspection by the public.
  2. Any binding contract or agreement entered into or signed by the department that obligates public funds shall, together with all supporting records and documentation, be considered a public record and open for public inspection as of the date such contract or agreement is entered into or signed.
    1. Notwithstanding any other law to the contrary, any record, documentary materials, or other information, including proprietary information, received, produced or maintained by the department shall be considered public unless the commissioner, with the affirmative agreement of the attorney general and reporter, determines that a document or information is of such a sensitive nature that its disclosure or release would seriously harm the ability of this state to compete or conclude agreements or contracts for economic or community development.
    2. If the commissioner, with the agreement of the attorney general and reporter, determines pursuant to subdivision (c)(1) that a document or information should not be released or disclosed because of its sensitive nature, such document or information shall be considered confidential for a period of up to five (5) years from the date such a determination is made. After such period, the document or information made confidential by this subsection (c) shall become a public record and shall be open for inspection.
  3. This section shall not apply to trade secrets received, maintained or produced by the department. All such trade secrets shall remain confidential.
  4. As used in this section, unless the context otherwise requires:
    1. “Proprietary information” means commercial or financial information that is used either directly or indirectly in the business of any person or company submitting information to the department, and that gives such person an advantage or an opportunity to obtain an advantage over competitors who do not know or use such information; and
    2. “Trade secrets” means manufacturing processes, materials used in manufacturing processes, and costs associated with the manufacturing process of a person or company submitting information to the department.
    1. This section shall not apply to company documents or records containing marketing information or capital plans that are provided to the department with the understanding that they are now and should remain confidential. Any such document or record shall remain confidential until such time as the provider thereof no longer requires its confidentiality.
    2. As used in subdivision (f)(1), unless the context otherwise requires:
      1. “Capital plans” means plans, feasibility studies, and similar research and information that will contribute to the identification of future business sites and capital investments; and
      2. “Marketing information” means marketing studies, marketing analyses, and similar research and information designed to identify potential customers and business relationships.

Acts 1988, ch. 894, § 1.

Cross-References. Confidentiality of public records, § 10-7-504.

4-3-731. Execution of a separate agreement when grant or loan contract reserves right of recovery if person or entity fails to fulfill commitments — Execution of separate agreement in conjunction with capital grant contract — Reports.

  1. Notwithstanding any law to the contrary, the department of economic and community development shall execute a separate agreement in conjunction with any grant or loan contract awarded pursuant to § 4-3-717(d)(1) that reserves the right of the department to recover the amount of money, grants, funds, or other incentives disbursed by the department, in whole or in part, if the person or entity benefitting from such money, grants, funds, or other incentives fails to fulfill the commitments made by such person or entity to the department.
  2. For any grant or loan contract awarded pursuant to § 4-3-717(d)(1) on or after July 1, 2014, the department shall publish all baseline reports or annual reports filed with the department pursuant to this section on its website within ninety (90) days of receipt. For any grant or loan contract awarded pursuant to § 4-3-717(d)(1) between May 27, 2005, and January 1, 2011, the recipient shall be required to file a one-time report by February 1, 2015. The department shall provide a form for the reports that shall request, at a minimum:
    1. The name of the development authority which administers the grant;
    2. The name of the eligible business;
    3. For baseline reports, the number of existing employees of the eligible business;
    4. For annual reports, the number of net new jobs for the reporting period, as well as the number of cumulative net new jobs of the eligible business, and the total amount of the grant; and
    5. Any other information that may be required by the department.
  3. As used in this section:
    1. “Annual report” means a report which is delivered to the department by an eligible business after execution of a grant or loan contract awarded pursuant to § 4-3-717(d)(1) on an annual basis which details the number of net new jobs for the reporting period as well as the number of cumulative net new jobs; and
    2. “Baseline report” means a report which is delivered to the department by an eligible business upon execution of a grant or loan contract awarded pursuant to § 4-3-717(d)(1) which details the number of existing employees of an eligible business.
  4. Notwithstanding any law to the contrary, the department shall execute a separate agreement in conjunction with any capital grant contract awarded pursuant to chapter 15 of this title, for economic development purposes. The separate agreement must reserve the right of the department to recover the amount of grants, funds, or other incentives disbursed by the department of finance and administration pursuant to the grant contract, in whole or in part, if the person or entity benefitting from the grants, funds, or other incentives fails to fulfill the commitments made by the person or entity to the department of economic and community development.
    1. At least once each year, the department shall report to the fiscal review committee on any new clawback rights being executed by the department during the current year, as well as any clawback rights from previous years that are still being collected by the department during the current year.
    2. As used in this subsection (e), “clawback” means a provision in an agreement or a separate agreement that reserves the right of the department to recover the amount of money, grants, funds, or other incentives disbursed by the department, in whole or in part, if the person or entity benefitting from such money, grants, funds, or other incentives fails to fulfill the commitments made by such person or entity to the department.

Acts 2013, ch. 267, § 1; 2014, ch. 924, § 1; 2019, ch. 451, § 1; 2020, ch. 772, § 1.

Compiler's Notes. Acts 2013, ch. 267, § 2 provided that the act, which enacted this section, shall apply to all contracts entered into or renewed on or after July 1, 2013.

Acts 2014, ch. 924, § 2 provided that the act, which added subsections (b) and (c), shall apply to all grants awarded on or after July 1, 2014.

Acts 2019, ch. 451, § 4 provided that subsection (d) of this section shall apply to applicable capital grant contracts for economic development purposes executed on or after July 1, 2019.

4-3-732. Enhanced policymaking role for minority business.

Notwithstanding any law to the contrary, the director of the office of business enterprise, created by § 4-26-101, may, in the discretion of the commissioner, serve as a full, voting member of each committee, board, task force, group or other entity that is formally or informally attached to or established within the department for the purpose of formulating, adopting or recommending state policies to enhance economic and community development. The general assembly urges the department of economic and community development to develop an enhanced policymaking role for minority business.

Acts 1996, ch. 976, § 1.

Cross-References. Enhanced policymaking role for minority business, § 4-3-2305.

4-3-733. Historically black college or university consortium or technology partnership — Memorandum of cooperation.

  1. The department of economic and community development is authorized and directed to provide all necessary and appropriate administrative assistance, support, and guidance to facilitate strategy development and coordinated implementation by the Tennessee HBCU consortium and the Tennessee HBCU technology partnership to accomplish their respective and mutual key objectives.
  2. In furtherance of subsection (a), the department may enter into one or more memoranda of cooperation with the consortium and the partnership on such terms as are deemed by the commissioner to be appropriate, mutually beneficial, and in the best interest of the consortium and the partnership.

Acts 2003, ch. 324, § 2.

4-3-734. Minimum energy conservation standards — New residential building construction.

  1. Notwithstanding title 13, chapter 19 to the contrary, the minimum energy conservation standards for any new residential building construction on or after January 1, 2009, shall be the 2003 International Energy Conservation Code published by the International Code Council. Builders of new residential and commercial construction are encouraged to voluntarily utilize the 2006 International Energy Conservation Code energy conservation standards for new residential or commercial construction.
  2. The department is requested to provide information to the public concerning the 2003 and 2006 International Energy Conservation Codes on its website.
  3. This section shall not be construed as mandating any higher level of enforcement or inspection by local governments than that in place prior to January 1, 2009.

Acts 2008, ch. 907, § 1.

4-3-735. Energy efficiency and environmental building standards.

Energy efficiency and environmental building standards adopted by the state or by local jurisdictions:

  1. May include the use of a sheathing with factory applied radiant barrier with an emissivity rating of five one hundredths (0.05) or less or a sheet radiant barrier with an emissivity rating of five one hundredths (0.05) or less that also meets the specifications of ASTM C1313 and is installed according to ASTM C1158; and
  2. May include the use of lumber and engineered wood products that originate from sustainable sources and are certified through the:
    1. SFI (Sustainable Forestry Initiative);
    2. CSA (Canadian Standards Association);
    3. ATFS (American Tree Farms System);
    4. PEFC (Programme for the Endorsement of Forest Certification) endorsed schemes; and
    5. FSC (Forest Stewardship Council).

Acts 2008, ch. 907, § 2.

4-3-736. Authority of department of economic development to allocate the national recovery zone economic development bond limitation and the national recovery zone facility bond limitation among counties and large municipalities.

The state delegates to the department of economic and community development the authority to allocate on behalf of the state the portions of the national recovery zone economic development bond limitation and the national recovery zone facility bond limitation, as the national recovery zone economic development bond limitation and the national recovery zone facility bond limitation are defined in § 1400U-1 of the Internal Revenue Code of 1986 (26 U.S.C. § 1400U-1), that are allocated to the state pursuant to § 1400U-1(a)(1) of the Internal Revenue Code of 1986 (26 U.S.C. § 1400U-1(a)(1)), among the counties and large municipalities, as defined in § 1400U-1(a)(3)(B) of the Internal Revenue Code of 1986 (26 U.S.C. § 1400U-1(a)(3)(B)), in the manner provided in § 1400U-1(a)(3) of the Internal Revenue Code of 1986 (26 U.S.C. § 1400U-1(a)(3)).

Acts 2009, ch. 608, § 1.

Compiler's Notes. 26 U.S.C. 1400U, referred to in this section, was repealed by March 23, 2018, P.L. 115-141, Div U, Title IV, § 401(d)(6)(A), 132 Stat. 1211, subject to savings provisions, as provided by Sec. 401(d)(6)(C) of P.L. 115-141, which appears as a note to Code Sec. 1400L. It provided for allocation of recovery zone bonds.

4-3-737. Small business incentive.

    1. As an incentive to encourage the creation of more small businesses in this state by making access to essential information necessary to begin a business user friendly, the department of economic and community development, in consultation with the office of small business advocate, created within the office of the comptroller of the treasury pursuant to § 8-4-702, shall develop a web page to aid the user in obtaining information concerning state laws, regulations and requirements that apply to the specific type of small business the user desires to form. The web page shall have its own domain name with a URL that indicates it is related to small businesses. The web page shall also contain hyperlinks to such laws, regulations and requirements. The hyperlinks shall include, but not be limited to:
      1. Forms or documents which a state department or agency requires to be filed for that type of business to operate in Tennessee;
      2. Contact information and websites for boards and commissions which regulate the specific type of entity to be formed; and
      3. Notices regarding potential and pending rule making hearings for the various boards and commissions.
    2. The web page shall also provide notice to the user of the importance of checking with the local government where the business is to be located to ensure compliance with local zoning and code requirements and may provide a hyperlink to the county or municipality's web page, if one is maintained by the county or municipality.
  1. All departments and agencies with regulatory authority over business shall provide assistance in the compilation of this information.
  2. The department of economic and community development shall monitor the web page to ensure the accuracy of its information and to update it as necessary.
  3. The office of small business advocate shall report the status of the project no later than February 15, 2013, to the commerce and labor committee of the senate and the commerce committee of the house of representatives.

Acts 2012, ch. 810, § 1; 2013, ch. 236, § 12; 2019, ch. 345, § 6.

Compiler's Notes. Acts 2012, ch. 810, §§ 2 and 3 provided that the act, which enacted this section, shall be known and may be cited as the “Small Business Incentive Act.”

4-3-738. Made in Tennessee Act — Encourage producers and promotion of Tennessee products.

  1. This section shall be known and may be cited as the “Made in Tennessee Act.”
  2. The purpose of this section is to encourage producers and promotion of nonagricultural products made in this state.
  3. The University of Tennessee Center for Industrial Services may:
    1. Use a logo or seal for “Made in Tennessee” products and goods, except for food and agricultural products, that have been substantially processed, fabricated, manufactured or otherwise transformed in this state; and
    2. Take appropriate steps to protect the logo or seal from misuse or infringement as deemed necessary by the center.
  4. Prior to use of the logo or seal, a producer or retailer shall register with the center and comply with all terms, conditions and requirements for use of the logo or seal as determined by the center. A list of all producers and retailers registered with the center may be made available on the center's website.
  5. The center may deny, suspend or revoke a producer or retailer's registration and the ability to use the logo or seal if the producer or retailer fails to comply with the terms, conditions and requirements promulgated by the center.
  6. The department may provide technical assistance to the center upon request.
  7. The center may seek any available grants and other sources of funding to implement and administer this section.
  8. By February 1 of each year, the center shall report on promotion of nonagricultural products made in this state through use of a logo or seal pursuant to this section to the commerce and labor committee of the senate and the commerce committee of the house of representatives.
  9. As used in this section, unless the context requires otherwise:
    1. “Agricultural products” means horticultural, poultry, dairy and farm products, livestock and livestock products, harvested trees, nursery stock and nursery products;
    2. “Center” means the University of Tennessee Center for Industrial Services;
    3. “Department” means the department of economic and community development;
    4. “Producer” means any individual or legal entity engaged in the processing, fabrication, manufacture or other transformation of goods or products, other than food and agricultural products, in this state; and
    5. “Retailer” means any individual or legal entity engaged in the business of making sales of a producer's goods or products to the public.

Acts 2013, ch. 299, § 1; 2015, ch. 131, §§ 1-3; 2019, ch. 345, § 7.

Part 8
Department of Education

4-3-801. Creation.

There is hereby created the department of education.

Acts 1923, ch. 7, § 1; Shan. Supp., § 373a30; Code 1932, § 255; Acts 1937, ch. 33, § 1; 1939, ch. 11, § 1; C. Supp. 1950, § 255.1; modified.

Compiler's Notes. The department of education, created by § 4-3-101 and this section, terminates June 30, 2022. See §§ 4-29-112, 4-29-243.

Acts 2015, ch. 129, § 3 provides that the Department of Education shall appear before the Government Operations Joint Evaluation Committee on Education, Health and General Welfare no later than December 1, 2015, to update the Committee on the Department’s progress in addressing the findings set forth in the November 2014 performance audit report.

Acts 2019, ch. 336, § 3 provides that the department of education shall appear before the government operations joint evaluation committee on education, health and general welfare no later than March 15, 2019, to update the committee on the department's progress in addressing the findings set forth in the December 2018 performance audit report.

Cross-References. Creation of the department of education, § 4-3-101.

Department of education representatives as ex officio members of child sexual abuse task force, § 37-1-603.

4-3-802. Commissioner — Qualifications — Appointment.

  1. The chief executive officer of the department of education shall be the commissioner of education.
  2. The commissioner shall be a person of literary and scientific attainments and of skill and experience in school administration. The commissioner shall also be qualified to teach in the school of the highest standing over which the commissioner has authority.
  3. The commissioner shall be appointed by the governor.

Acts 1925, ch. 115, § 4; Shan. Supp., §§ 1487a19-1487a21; mod. Code 1932, §§ 2310-2312; Acts 1937, ch. 11, § 1; C. Supp. 1950, § 2312; Acts 1970, ch. 601, § 5; T.C.A. (orig. ed.), § 49-103.

4-3-803. Offices — Powers and duties.

The department of education shall have its offices in the state capitol and its commissioner is vested with such powers and required to perform such duties as are set forth in title 49, and is charged with the administration of such laws as the general assembly from time to time may enact.

Acts 1925, ch. 115, § 3; Shan. Supp., § 1487a18; mod. Code 1932, § 2309; T.C.A. (orig. ed.), § 49-104; modified.

Part 9
[Reserved]

Part 10
Department of Finance and Administration

4-3-1001. Creation.

There is hereby created the department of finance and administration.

Acts 1959, ch. 9, § 2; 1961, ch. 97, § 1; modified.

Compiler's Notes. The department of finance and administration, created by this section and § 4-3-101, terminates June 30, 2024. See §§ 4-29-112, 4-29-245.

For the transfer of TennCare from the department of finance and administration to the department of health, see Executive Orders Nos. 1 (January 26, 1995) and 11 (January 7, 1997).

For an order clarifying Executive Orders Nos. 9 and 10 relative to the transfer of administrative staff from the department of mental health and mental retardation [department of mental health and developmental disabilities] to the department of finance and administration, see Executive Order No. 21 (July 29, 1999).

For transfer of the TennCare program and its related functions and administrative support from the department of health to the department of finance and administration, see Executive Order No. 23 (October 19, 1999).

Acts 2016, ch. 846, § 5 provided that the division of benefits administration shall appear before the government operations joint evaluation committee on judiciary and government no later than December 1, 2016, to present the clinical outcome measures report conducted by Aon Hewitt.

Cross-References. Creation of the department of finance and administration, § 4-3-101.

4-3-1002. Commissioner.

The department of finance and administration shall be under the charge and general supervision of the commissioner of finance and administration.

Acts 1959, ch. 9, § 2; 1961, ch. 97, § 2; modified.

4-3-1003. Establishment and transfer of divisions.

  1. To discharge the authority, powers and duties hereby imposed upon the department of finance and administration and the commissioner of the department, there are created within the department the following divisions:
    1. The division of accounts;
    2. The division of administration;
    3. The division of benefits administration;
    4. The division of budget;
    5. The office of the inspector general; and
    6. The division of strategic technology solutions.
  2. The commissioner is authorized to assign to these divisions the duties imposed upon the department and the commissioner thereof. The commissioner is authorized to combine, consolidate or abolish any of these divisions, or to create such new divisions as are necessary to carry out the duties imposed upon the commissioner and the department.

Acts 1937, ch. 33, § 15; 1939, ch. 11, § 10; C. Supp. 1950, § 255.15; 1959, ch. 9, § 3; 1961, ch. 97, § 3; 1972, ch. 542, § 4; 1972, ch. 543, § 12; 1975, ch. 286, § 1; T.C.A., § 4-323; Acts 1981, ch. 364, §§ 1, 2; 2013, ch. 454, § 41; 2020, ch. 690, §§ 4, 5.

Cross-References. Division of real property management, duties, § 4-3-1009.

Reorganization of divisions, § 4-4-101.

4-3-1004. [Repealed.]

Acts 1959, ch. 9, § 3; 1961, ch. 97, § 3; T.C.A., § 4-326; repealed by Acts 2020, ch. 690, § 6, effective June 11, 2020.

Compiler's Notes. Former § 4-3-1004 concerned the data processing section.

4-3-1005. [Reserved.]

The department of finance and administration has the power and is required to:

  1. Prepare and submit to the governor, annually, a state budget document in accordance with title 9, chapter 4, part 51;
  2. Prescribe forms for the preparation of the budget estimates by all the spending agencies of state government, and furnish every state officer, department and agency with a sufficient number of the budget estimate forms not later than October 15 of each year;
  3. Prescribe the classifications of expenditures and revenues for the purposes of budget making and accounting;
  4. Examine and recommend for approval the work program and quarterly allotments of each spending agency of state government before the appropriations made for such agency shall become available for expenditure;
  5. Examine and recommend for approval any changes made in the work program and quarterly allotments of any spending agency during the fiscal year;
  6. Investigate duplication of work among the departments and other agencies of state government, study the organization and administration of such departments and agencies, and formulate plans for better management and more efficient and economical operation;
  7. Prepare and report to the governor when requested, any financial data or statistics that the governor may require, such as monthly or quarterly estimates of the state's income, and cost figures on the current operations of state institutions and other agencies; and
  8. Examine all requisitions for purchases as the department may deem necessary, with power and authority to refuse to approve or honor any and all requisitions for purchases, except requisitions for purchases of the general assembly, state court system, attorney general and reporter, secretary of state, comptroller of the treasury, and state treasurer.
  9. [Deleted by 2020 amendment.]

Acts 1923, ch. 7, § 12; Shan. Supp., § 373a44; Code 1932, § 269; Acts 1933, ch. 92, §§ 1(3)-1(5); 1937, ch. 33, § 16; 1939, ch. 11, § 11; mod. C. Supp. 1950, § 255.16; impl. am. Acts 1959, ch. 9, § 3; Acts 1961, ch. 97, § 3; 1969, ch. 11, §§ 1, 2; T.C.A. (orig. ed.), § 4-324; Acts 2013, ch. 454, §§ 25, 29; 2020, ch. 690, § 7.

4-3-1007. Accounting powers.

The department of finance and administration has the power and is required to:

  1. Maintain a system of general accounts embracing all the financial transactions of state government;
  2. Examine and approve all contracts, requisitions, orders, payrolls and other documents, the purpose of which is to incur financial obligations against state government, and ascertain that moneys have been duly appropriated and allotted to meet such obligations and will be available when such obligations will become due and payable, as the commissioner deems necessary with the objective of improving accountability and managing risk as provided for in title 9, chapter 18;
  3. Audit and approve all bills, invoices, accounts, payrolls and other evidences of claims, demands or charges against state government, and determine the regularity, legality and correctness of such claims, demands or charges, as the commissioner deems necessary with the objective of improving accountability and managing risk as provided for in title 9, chapter 18;
  4. Inquire as needed concerning articles and materials furnished or work and labor performed, for the purpose of ascertaining that the prices, quality and amount of such articles or materials are fair, just and reasonable, and that all the requirements expressed and implied pertaining thereto have been complied with, and reject or disallow any excess;
  5. Make available monthly reports on all receipts, expenditures, appropriations, allotments, and encumbrances of the state government to the governor, the department of audit, and the head of the department, office, or agency directly concerned;
  6. Establish statewide accounting policies and practices that support the state's compliance with generally accepted accounting principles, state and federal laws, rules, and regulations. All such statewide policies shall become effective upon approval by the commissioner of finance and administration and the comptroller of the treasury;
  7. Prescribe such subsidiary accounts, including cost accounts, for the various departments, institutions, offices and agencies as may be desirable for purposes of administration, supervision and financial control;
  8. Examine at any time the accounts of every department, institution, office or agency, receiving appropriations from the state;
  9. Report to the attorney general and reporter for such action, civil or criminal, as the attorney general and reporter may deem necessary, and to the comptroller of the treasury, all facts showing illegality in the expenditure of public moneys, or in the collection of public revenues, or the misappropriation of public properties;
  10. Exercise the rights, powers and duties, except the power to collect taxes, conferred by law upon the comptroller of the treasury under title 8, chapter 4, and the rights, powers and duties conferred by § 9-2-107, insofar as these provisions relate to financial administration and general accounting control of the state government, involving the keeping of general accounts, the auditing before payment of all bills, or vouchers and the authorization of all claims against the state for which appropriations have been made;
  11. In consultation with the comptroller of the treasury, establish guidelines for the evaluation by agencies of their systems of internal accounting and administrative control as provided in title 9, chapter 18;
  12. [Deleted by 2020 amendment.]
  13. [Deleted by 2020 amendment.]
  14. Supervise and regulate the making of an inventory of all removable equipment and other movable property belonging to the state government or any of its departments, institutions or agencies, with the exception of those institutions expressly exempted from the operation of title 12, chapter 3, and keep the inventory current. This subdivision (14) shall not apply to the various collections of articles, specimens and relics placed under the charge of the state museum executive director; and
  15. Approve the use of electronic and other technological means to transfer funds whenever economically feasible, to eliminate paper documentation wherever feasible, and to increase fiscal efficiency and effectiveness.

Acts 1923, ch. 7, § 12; Shan. Supp., § 373a44; Code 1932, § 269; Acts 1933, ch. 92, §§ 1(3)-1(5); 1937, ch. 33, § 24; 1939, ch. 11, § 12; mod. C. Supp. 1950, § 255.24; impl. am. Acts 1959, ch. 9, § 3; Acts 1961, ch. 97, § 3; modified; T.C.A. (orig. ed.), § 4-326; T.C.A., § 4-325; Acts 1975, ch. 123, §§ 1, 2; 1983, ch. 129, § 2; 1987, ch. 149, § 4; 1987, ch. 150, § 4; 2009, ch. 106, §§ 2, 4; 2018, ch. 821, § 18; 2020, ch. 690, §§ 8-14.

Cross-References. Audit of accounts and financial records of the state government, and of any department, institution, office or agency thereof, by the department of audit, § 4-3-304.

General account of state treasurer, reconciling to balances maintained by commissioner of finance and administration, § 8-5-109.

General ledger of state treasurer, reconciling with general ledger of commissioner of finance and administration, § 8-5-107.

4-3-1008. Preparation of uniform rules and regulations for payment of travel expenses for officers and employees.

The department of finance and administration, with the approval of the governor, has the power and is required to:

  1. [Deleted by 2020 amendment.]
  2. [Deleted by 2020 amendment.]
  3. Prepare uniform rules and regulations for the payment of travel expenses for officers and employees of all state departments, institutions and agencies. It is the legislative intent that such rules and regulations provide that an employee under normal circumstances shall be responsible for bearing travel expenses for no more than thirty (30) days from the date of filing a claim, subject to an audit of the claim as required. The commissioner is further authorized to prepare special regulations when the commissioner determines that special circumstances necessitate them. Proposed uniform rules and regulations and proposed special regulations shall become effective upon approval by the attorney general and reporter. Prior to filing with the attorney general and reporter, the commissioner shall submit the proposed uniform rules and regulations and proposed special regulations to the comptroller of the treasury for comment.
  4. [Deleted by 2020 amendment.]
  5. [Deleted by 2020 amendment.]
  6. [Deleted by 2020 amendment.]

Acts 1937, ch. 33, § 44a; 1939, ch. 11, § 28; C. Supp. 1950, § 255.46 (Williams, § 255.47); impl. am. Acts 1959, ch. 9, § 3; Acts 1961, ch. 91, § 3; 1972, ch. 543, §§ 13, 14; 1975, ch. 123, § 3; T.C.A. (orig. ed.), § 4-327; modified; Acts 1980, ch. 624, § 1; 1994, ch. 669, § 2; 2020, ch. 690, §§ 15-17.

Compiler's Notes. This section may be affected by § 9-1-116, concerning entitlement to funds, absent appropriation.

Acts 1994, ch. 669, § 1 provided that it is the intent of the general assembly that:

“(1) the casualty risk program which was administered by the department of finance and administration shall be transferred to, and administered by, the department of the treasury on and after July 1, 1994;

“(2) all staff, staff positions, equipment, supplies, property, funds and other resources of the program shall be transferred to the department of the treasury;

“(3) references to the department of finance and administration relative to the casualty risk program appearing in Tennessee Code Annotated shall be deemed to be references to the department of the treasury. The code commission is directed to change references to the existing names of officials, offices, agencies and entities, wherever they appear in Tennessee Code Annotated, to conform to the name of officials, offices, agencies and entities created by the provisions of that act. The code commission is authorized to make grammatical changes in the provisions of Tennessee Code Annotated to effectuate such changes; and

“(4) all rules, policies, and decisions related to the casualty risk program promulgated or issued by the department of finance and administration prior to, and in effect on July 1, 1994, shall remain in force and effect and shall be administered and enforced by the department of the treasury until duly amended, repealed, expired, modified or superseded.”

Cross-References. Department of general services, centralization of services, § 4-3-1105.

4-3-1009. Powers relating to public buildings and property.

  1. The department of finance and administration has the power to:
    1. Prepare or cause to be prepared general plans and preliminary sketches and estimates for the public buildings to be erected for any department;
    2. Have general supervision and care of storerooms, offices and buildings leased for the use of the state government or any department, office or institution thereof; and
    3. Perform the duties with respect to the inventory of state property set forth in title 12, chapter 2.
  2. The department, through its division of real property management, has the authority and responsibility of allocating space in the Knoxville state office building and the Knoxville office building annex, but such authority does not extend to the Knoxville supreme court building.
    1. The commissioner, through the division of real property management, has the authority and responsibility to review periodically the contract terms of leased facilities and to analyze proposed contract terms of leased facilities to determine if, whether for financial or program purposes, it is in the best interest of the state to directly own the facility. If the commissioner determines that direct ownership by the state is in the best interest, such recommendation shall be presented to the governor.
    2. Upon the approval by the governor for any recommendation that will cost more than one million dollars ($1,000,000), the commissioner shall present a recommendation to the fiscal review committee. Upon the approval by the fiscal review committee, the commissioner shall present a recommendation to the state funding board, including the analysis supporting the determination as to the best interest of the state, the anticipated cost, the funds currently appropriated for the lease payments, and any available debt authority.
    3. Upon approval by the governor for any recommendation that will cost one million dollars ($1,000,000) or less, the commissioner shall present a recommendation to the state funding board, including the analysis supporting the determination as to the best interest of the state, the anticipated cost, the funds currently appropriated for the lease payments, and any available debt authority.

Acts 1923, ch. 7, § 33; 1925, ch. 95, § 1; Shan. Supp., §§ 373a85b, 3079a223b1; Code 1932, §§ 308, 1033; Acts 1937, ch. 33, §§ 54, 55; mod. C. Supp. 1950, § 255.54 (Williams, §§ 255.57, 255.58); Acts 1959, ch. 9, § 3; modified; T.C.A. (orig. ed.), § 4-309; Acts 1961, ch. 97, § 3; 1972, ch. 543, § 15; 1977, ch. 413, § 1; T.C.A., § 4-328; Acts 1980, ch. 741, §§ 6-9; 2003, ch. 224, § 1.

4-3-1010. Posting of report of travel and expense reimbursements on state website.

  1. In addition to their other powers and duties, the department of finance and administration and its commissioner are vested with all the authority, powers and duties given them by title 12, chapter 2.
  2. [Deleted by 2016 amendment.]
  3. The commissioner of finance and administration shall cause to be posted on the official website of the state a report that contains all out-of-state travel expenditures and any expense reimbursements made for the expenditures to the governor, any member of the governor's cabinet, and cabinet level staff in accordance with the comprehensive travel regulations of the state or any policy of the governor; provided, however, that information shall not be posted if the out-of-state travel occurred for the purpose of recruiting industry or economic development in the state and the information, in the judgment of the commissioner, has the potential to harm contract negotiations or otherwise place the state at a competitive disadvantage in seeking industrial or economic development opportunities. For the purposes of this subsection (c), “out-of-state travel expenditures” includes: expenses for which corresponding reimbursements are made; and direct travel expenditures, including airfare, travel, hotel, and any other expenses paid for directly by using a state-approved vendor or with the use of a state-issued payment card. The report shall include the purpose of the expenditures and any reimbursements made, and shall be reported by the person making the expenditures. The initial report shall be filed no later than fifteen (15) days following the last day of April 2006 and shall include all payments made from the first day of January 2006, until the last day of March 2006. Thereafter, the report shall be updated quarterly, no later than fifteen (15) days following the end of the quarter. The reports shall remain on the website until one (1) month following the end of the governor's term of office. The last quarter reported in each such term shall include the period of time from the last quarter reported until the regular November election at which the next governor will be elected, and the first report in each governor's term shall include the period of time from the regular November election until the end of the first quarter.

Acts 1959, ch. 9, § 3; 1977, ch. 392, § 1; T.C.A., § 4-323; modified; Acts 1980, ch. 699, § 1; 2006 (1st Ex. Sess.), ch. 1, § 45; 2015, ch. 123, § 2; 2016, ch. 797, § 11; 2018, ch. 616, § 1; 2020, ch. 690, § 18.

Compiler's Notes. Section 67-5-2505, referred to in (a), was repealed by Acts 2014, ch. 883, § 12, effective July 1, 2014.

4-3-1011. Background checks of certain employees and contractors.

As a condition of employment, the department of finance and administration is authorized to require its employees and contractors who have elevated and privileged access to data and personal information of state employees or citizens, or who support a governmental department, agency, office, or other entity whose employees, contractors, or vendors are subject to federal fingerprint background check requirements, to supply a fingerprint sample and submit to a criminal history background check to be performed by the Tennessee bureau of investigation and the federal bureau of investigation. The department shall develop a policy identifying which employees and contractors must supply a fingerprint sample and submit to a background check as a condition of employment.

Acts  2020, ch. 689, § 1.

Compiler's Notes. Former § 4-3-1011, concerning certification of board fees, was transferred to §  9-4-5117 by Acts 2013, ch. 454, § 13, effective May 16, 2013.

4-3-1012. Transfer of office of energy management functions relating to state buildings and state-owned facilities.

  1. The state building energy management program shall be transferred from the department of general services to the department of finance and administration, as to any functions related to the energy management program for state buildings and state-owned facilities. All staff, staff positions, equipment, supplies, property, funds and other resources of the functions referenced above shall be transferred to the department of finance and administration. Energy management functions not related to state buildings and state-owned facilities shall remain with the department of general services.
  2. The duties of the department relative to energy management shall include:
    1. Defining and implementing specific yearly conservation/energy management goals for state-owned facilities in coordination with the state architect's office and the state building commission;
    2. Defining and implementing an energy efficiency code for future state buildings to include a review of renewable options by means of life-cycle analysis. This life-cycle analysis of renewable options shall be mandatory;
    3. Developing and implementing, in coordination with the department of general services, a formalized monitoring and analyzing schedule for utility data from state buildings, including both costs and usage;
    4. Developing and implementing an energy management program for state government; and
    5. Preparing an annual report on the activities of the department relative to energy management. The department shall publish the report on the department's website and shall submit the report to the governor, the speakers of the senate and the house of representatives, the chairs of the government operations committees of the senate and the house of representatives and the chairs of the energy, agriculture and natural resources committee of the senate and the agriculture and natural resources committee of the house of representatives, or their successor committees. The report shall include savings realized by the state as a result of the office's activities expressed in both units of energy saved and monetary cost-avoidance.
  3. The energy management program described in subsection (b) may include, but is not limited to, implementing energy cost saving measures in buildings under the jurisdiction of the state building commission. The measures may include, but shall not be limited to, maintenance, repair or replacement of lighting and mechanical equipment and related controls. Energy cost saving measures may be implemented through contracts with energy professionals, including, but not limited to, energy service companies, commissioning and retro commissioning firms and agencies and energy auditing consultants. Such contracts are subject to approval by the state building commission. All departments, institutions and agencies having control of, or responsibility for, the management or operation of buildings under the jurisdiction of the state building commission shall cooperate with state building energy management in implementing energy cost saving measures.

Acts 1999, ch. 457, § 7; 2008, ch. 717, §§ 4, 5; 2009, ch. 529, §§ 2, 3; 2012, ch. 604, § 1; 2013, ch. 236, § 3.

Compiler's Notes. For an order transferring management and operation of the Division of Real Property Administration from the Department of Finance and Administration to the Department of General Services, see Executive Order No. 7 (September 30, 2011).

Acts 2009, ch. 529, § 1 provided that the act shall be known and may be cited as the “Tennessee Clean Energy Future Act of 2009.”

For the Preamble to the Tennessee Clean Energy Future Act of 2009, please refer to Acts 2009, ch. 529.

Acts 2009, ch. 529, § 30 provided that the provisions of the act, which amended subsection (a) and added subsection (c), shall be subject to sunset review pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, in 2014.

4-3-1013. Authority to develop prescription drug programs and to contract with pharmacy benefits managers (PBMs).

  1. The TennCare bureau is authorized to develop prescription drug programs and to contract with one (1) or more pharmacy benefit managers (PBMs) or other appropriate third party contractors to administer all or a portion of such prescription drug programs for the TennCare program. It is the legislative intent that, insofar as practical, any such pharmacy programs shall be developed and implemented in a manner that seeks to minimize undue disruption in successful drug therapies for current TennCare enrollees.
  2. Under such a contract, a PBM may be directed by the TennCare bureau to:
    1. Provide information to the state TennCare pharmacy advisory committee for making recommendations related to a state preferred drug list (PDL);
    2. Provide claims processing and administrative services for the TennCare program;
    3. Provide data on utilization patterns to the bureau of TennCare, the department of finance and administration, TennCare managed care organizations, the University of Tennessee Health Science Center, and other entities determined by the TennCare bureau;
    4. Conduct prospective and retrospective drug utilization review as directed by the bureau of TennCare;
    5. Establish procedures for determining potential liability of third party payers, including, but not limited to, Medicare and private insurance companies, for persons receiving pharmacy services through the state of Tennessee;
    6. Maintain a retail pharmacy network to provide prescription drugs through state programs;
    7. Set pharmacy reimbursement rates and dispensing fee schedules necessary to maintain an adequate retail pharmacy network and increase the cost-effectiveness of state pharmacy purchases;
    8. Negotiate supplemental rebates with pharmaceutical manufacturers for prescription drug expenditures;
    9. Propose other initiatives to the bureau of TennCare to maintain or improve patient care while reducing prescription drug costs; and
    10. Provide other services as directed by the bureau of TennCare.
  3. The state TennCare program shall be authorized to receive one hundred percent (100%) of all rebates and any other financial incentives directly or indirectly resulting from the state's contract with any PBM.
  4. The PBM contract may include performance goals and financial incentives for success or failure in attaining those goals. It is the legislative intent that such goals and incentives shall include the reliable and timely performance of any system of prior authorization that may be implemented pursuant to pharmacy programs authorized by this section.
  5. To the extent permitted by federal law and the TennCare waiver, the bureau of TennCare may implement, either independently or in combination with a PDL, cost saving measures for pharmaceutical services including, but not limited to, tiered co-payments, reference pricing, prior authorization, step therapy requirements, exclusion from coverage of drugs or classes of drugs, mandating the use of generic drugs, and mandating the use of therapeutic equivalent drugs.
  6. The TennCare bureau shall be required to annually report to the committee of the house of representatives having oversight over TennCare, the health and welfare committee of the senate, and to the finance, ways and means committees of the senate and the house of representatives concerning pharmacy benefits under the medical assistance program provided pursuant to title 71, chapter 5, on or before January 15 of each calendar year, beginning on January 15, 2013. The report shall specifically report on the use and cost of opioids and other controlled substances in the program.

Acts 2003, ch. 350, § 2; 2004, ch. 673, § 18; 2006, ch. 915, § 2; 2011, ch. 410, § 6(a); 2012, ch. 1031, § 5; 2013, ch. 236, § 49; 2016, ch. 797, § 8; 2019, ch. 345, § 8.

Compiler's Notes. Acts 2006, ch. 915, § 1 provided that the title of the act is and may be cited as the “TennCare Pharmacy Cost to Dispense Act of 2006.”

Acts 2006, ch. 915, §§ 3 and 4 provided that the implementation of the provisions of the act, which added subsection (f), shall be subject to the availability of funding for such purpose; and that it is the legislative intent that the act shall be funded from state, federal, foundation or other private funds or from any combination of such funds.

Acts 2006, ch. 915 was not funded in the general appropriations act for the 2006-2007 fiscal year. On August 7, 2006, the TennCare bureau advised the fiscal review committee that no private funding source has been obtained. On August 11, 2006, the fiscal review committee informed the Tennessee code commission that “[i]f private funds are not provided, Public Chapter 915 would be null and void for lack of a timely appropriation providing the estimated first year's funding, as required by Article II, Section 24 of the Constitution of the State of Tennessee.”

For the Preamble to the act concerning the prohibition against establishment of a special committee if there is a standing committee on the same subject, please refer to Acts 2011, ch. 410.

Attorney General Opinions. Authority of the Bureau of TennCare to negotiate supplemental manufacturer rebates for TennCare prescription drug purchases, OAG 05-001, 2005 Tenn. AG LEXIS 1 (1/05/05).

4-3-1014. Authority to create prescription drug purchase program.

In accordance with applicable law:

  1. The department of finance and administration is authorized to create a program whereby local government entities, including, but not limited to county jails, can purchase prescription drugs through state methods at reduced prices;
  2. The department of general services is authorized to sell drugs to participating local entities that have certified pharmacists on staff or require wholesalers contracting with the department of general services to sell prescription drugs to participating local entities at discounted rates.

Acts 2003, ch. 350, § 5.

Compiler's Notes. Acts 2003, ch. 350, § 6 provided that if a court of competent jurisdiction enjoins, restrains or stays programs authorized by the act, then the department of finance and administration or the bureau of TennCare as appropriate is authorized to proceed to implement as appropriate those portions of the act that have not been lawfully enjoined, restrained or stayed.

4-3-1015. [Repealed.]

Acts 2010, ch. 913, §§ 2-4; repealed by  Acts 2020, ch. 690, § 19, effective June 11, 2020.

Code Commission Notes.

Former § 4-3-1015 (Acts 2003, ch. 355, § 51), concerning transfers from funds, reserve accounts and programs to the state general fund, was deleted as obsolete by the code commission in 2005.

Compiler's Notes. Former § 4-3-1015 concerned EFFECTs position in state government to establish accountability process.

4-3-1016. Restrictions on carry forwards and transfers of funds to the state general fund. [See contingent amendment to subdivision (d)(14) and Compiler’s Notes.]

  1. Notwithstanding any law to the contrary, subject to the specific provisions of an appropriation act, the commissioner of finance and administration is authorized to deny carry forwards for, and to transfer funds from, the funds, reserve accounts or programs identified in this section to the state general fund for the purpose of meeting the requirements of funding the operations of state government for the fiscal year ending June 30, 2006, and subsequent fiscal years. The authorization provided for in this subsection (a) shall not apply to allow the transfer of any fund balances that are mandated by federal law to be retained in such fund. This authority shall only apply to transfers and carry forwards necessary to fund the expenditures for the state for the fiscal year ending June 30, 2006, and subsequent fiscal years.
  2. No funds shall be transferred unless specifically appropriated in an appropriations act and such funds shall only be expended in accordance with such act.
  3. Notwithstanding any provision of this section to the contrary, no transfers are authorized from department of transportation funds, reserve accounts and programs in the highway fund or other funds created or referenced in titles 54, 55, 57, 65 and 67, except as authorized by § 47-18-1311.
  4. In the fiscal years ending June 30, 2008, June 30, 2009, June 30, 2010, June 30, 2011, June 30, 2014, June 30, 2020, and June 30, 2021, transfers are authorized from the following funds, reserve accounts and programs:
    1. Department of finance and administration, for the department of revenue, computerized titling and registration system accumulated fees, created or referenced in title 55, chapter 4, part 1;
    2. Department of finance and administration, domestic violence community education fund, created or referenced in title 36, chapter 3, part 6;
    3. Department of finance and administration, electronic fingerprint imaging systems fund, created or referenced in title 67, chapter 4, part 6;
    4. Department of finance and administration, family violence shelter reserve, created or referenced in title 36, chapter 6, part 4;
    5. Department of finance and administration, drug courts reserve, created or referenced in title 16, chapter 22;
    6. Department of finance and administration, state health planning reserve, created or referenced in title 68, chapter 11, part 16;
    7. Department of finance and administration, sexual assault program, created or referenced in title 40, chapter 24;
    8. Department of finance and administration, domestic assault defendant fines program, created or referenced in title 39, chapter 13, part 1;
    9. Department of correction, community correction program grants, created or referenced in title 40, chapter 36, part 3;
    10. Department of correction, supervision and rehabilitation accumulated fees, created or referenced in title 40, chapter 28, part 2;
    11. Department of correction, GPS offender tracking fees, created or referenced in title 40, chapter 28, part 2;
    12. Department of agriculture, agricultural resources conservation fund, created or referenced in title 67, chapter 4, part 4;
    13. Department of agriculture, agricultural regulatory fund, created or referenced in title 43, chapter 1, part 7;

      [Current version. See second version for contingent amendment and Compiler's Notes.]

    14. Department of environment and conservation, Tennessee board of water quality, oil and gas reclamation fund, created or referenced in title 60, chapter 1, part 4;

      [Contingent amendment. See the Compiler's Notes.]

    15. Department of environment and conservation, solid waste management fund, created or referenced in title 68, chapter 211, part 8;
    16. Department of environment and conservation, used oil collection fund, created or referenced in title 68, chapter 211, part 10;
    17. Department of environment and conservation, hazardous waste remedial action fund, created or referenced in title 68, chapter 212, part 2;
    18. Department of environment and conservation, drycleaner environmental response fund, created or referenced in title 68, chapter 217;
    19. Department of environment and conservation, environmental protection fund, created or referenced in title 68, chapter 203;
    20. Department of environment and conservation, heritage conservation trust fund, created or referenced in title 11, chapter 7;
    21. Department of environment and conservation, lead based paint abatement fund, created or referenced in title 68, chapter 131, part 4;
    22. Department of environment and conservation, voluntary cleanup oversight and assistance fund, created or referenced in title 68, chapter 212, part 2;
    23. Department of environment and conservation, abandoned land program, created or referenced in title 59, chapter 8, part 2;
    24. Department of environment and conservation, underground storage tank fund, created or referenced in title 68, chapter 215, part 1;
    25. Department of environment and conservation, surface mine reclamation fund, created or referenced in title 59, chapter 8, part 2;
    26. Department of environment and conservation, local parks land acquisition fund, created or referenced in title 67, chapter 4, part 4;
    27. Department of environment and conservation, state lands acquisition fund, created or referenced in title 67, chapter 4, part 4;
    28. Tennessee wildlife resources agency, wetland acquisitions fund, created or referenced in title 67, chapter 4, part 4;
    29. Department of correction, sex offender treatment fund, created or referenced in title 39, chapter 13, part 7;
    30. Department of correction, work release supervision and rehabilitation accumulated fees, created or referenced in title 40, chapter 28, part 2;
    31. Department of economic and community development, FastTrack fund, created or referenced in chapter 3, part 7 of this title;
    32. Department of economic and community development, film and television incentive grants fund, created or referenced in chapter 3, part 49 of this title;
    33. Department of economic and community development, job skills fund, created or referenced in title 50, chapter 7, part 4;
    34. Education trust fund, created or referenced in title 49, chapter 3, part 3;
    35. Department of education, driver education fund, created or referenced in title 67, chapter 4, part 6;
    36. Department of education, safe schools program, created or referenced in title 49, chapter 6, part 43;
    37. Department of education, special schools, created or referenced in title 49, chapter 50, part 10;
    38. Department of education, Alvin C. York Institute operational reserve, created or referenced in title 49, chapter 50, part 10;
    39. Department of education, Tennessee school for the blind operational reserve, created or referenced in title 49, chapter 50, part 10;
    40. Department of education, Tennessee school for the deaf operational reserve, created or referenced in title 49, chapter 50, part 10;
    41. Department of education, West Tennessee school for the deaf operational reserve, created or referenced in title 49, chapter 50, part 10;
    42. Department of education, boys and girls clubs reserve, created or referenced in title 36, chapter 6, part 4;
    43. Department of financial institutions, bank fees, created or referenced in title 45, chapter 1, part 1, and any other law and such funds in a deferred revenue account;
    44. Department of commerce and insurance fees, created or referenced in Acts 2001, ch. 333, and title 56, chapter 2, part 5; title 56, chapter 4, part 1; title 56, chapter 6, part 1; title 56, chapter 14; title 56, chapter 32; title 56, chapter 35, part 1; and title 55, chapter 18;
    45. Department of commerce and insurance, emergency communications funds, created or referenced in title 7, chapter 86, part 1;
    46. [Deleted by 2020 amendment.]
    47. [Deleted by 2020 amendment.]
    48. [Deleted by 2020 amendment.]
    49. [Deleted by 2020 amendment.]
    50. [Deleted by 2020 amendment.]
    51. Department of commerce and insurance, manufactured housing fund, created or referenced in title 68, chapter 126, part 4;
    52. Department of labor and workforce development, employment security special administrative fund, created or referenced in title 50, chapter 7, part 5;
    53. Department of labor and workforce development, Tennessee Occupational Safety and Health Act fund, created or referenced in title 50, chapter 6, part 4;
    54. Department of labor and workforce development, uninsured employers fund, created or referenced in title 50, chapter 6, part 8;
    55. Department of mental health and substance abuse services or the department of health, alcohol and drug addiction treatment fund, created or referenced in title 40, chapter 33, part 2;
    56. Department of health, health access incentive account, created or referenced in title 66, chapter 29, part 1;
    57. Department of health, child safety fund, created or referenced in title 55, chapter 9, part 6;
    58. Department of health, nursing home residents fund, created or referenced in title 68, chapter 11, part 8;
    59. Department of health, traumatic brain injury fund, created or referenced in title 68, chapter 55, part 4;
    60. [Deleted by 2020 amendment.]
    61. Department of revenue, [former] C.I.D. anti-theft fund, created or referenced in title 55, chapter 3, part 2;
    62. Tennessee bureau of investigation, fingerprint criminal history database accumulated fees, created or referenced in title 39, chapter 17, part 13;
    63. Tennessee bureau of investigation, expunged criminal offender pretrial diversion database accumulated fees, created or referenced in title 38, chapter 6, part 1 and title 40, chapter 32;
    64. Tennessee bureau of investigation, intoxicant testing fund, created or referenced in title 55, chapter 10, part 4;
    65. Tennessee bureau of investigation, handgun permit reserve, created or referenced in title 39, chapter 17, part 13;
    66. Department of safety, driver education fund, created or referenced in title 67, chapter 4, part 6;
    67. Department of safety, motorcycle rider safety fund, created or referenced in title 55, chapter 51;
    68. Department of safety, handgun permit reserve, created or referenced in title 39, chapter 17, part 13;
    69. Department of children's services, child abuse prevention reserve, created or referenced in title 36, chapter 6, part 4;
    70. Court system Tennessee judicial information system fund, created or referenced in title 16, chapter 3, part 8;
    71. Court system divorcing parents mediation fund, created or referenced in title 36, chapter 6, part 4;
    72. Court system court automation hardware replacement revolving loan fund, created or referenced in title 16, chapter 3, part 10;
    73. Court system municipal court clerks training and education program, created or referenced in title 16, chapter 18, part 3;
    74. Secretary of state voting machines loan fund, created or referenced in title 2, chapter 9;
    75. Secretary of state, voting machine reserve fund, created or referenced in title 2, chapter 9;
    76. Secretary of state, Blue Book reserve, created or referenced in title 8, chapter 3, part 1;
    77. Ethics commission reserve, created or referenced in title 3, chapter 6, part 1;
    78. State treasurer, small and minority-owned business assistance program, created or referenced in title 65, chapter 5, part 1;
    79. Health services and development agency fund, created or referenced in title 68, chapter 11, part 16;
    80. Tennessee public utility commission, deferred revenue account, created or referenced in title 65, chapter 1, part 1 and any other reserve fund maintained by the Tennessee public utility commission;
    81. Tennessee public utility commission, Tennessee relay services/telecommunications devices access program, created or referenced in title 65, chapter 21, part 1; and
    82. Tennessee advisory commission on intergovernmental relations, accumulated balances or carry-over funds, created or referenced in chapter 10 of this title.
  5. In the fiscal years ending June 30, 2009, June 30, 2010, June 30, 2011, June 30, 2020, and June 30, 2021, in addition to the transfers authorized in subsection (d), transfers are authorized from the following additional funds, reserve accounts and programs:
    1. Department of correction, confiscated cash fund, created or referenced in chapter 6, part 1 of this title;
    2. Department of economic and community development, [former] biofuels manufacturers incentive fund, created or referenced in title 67, chapter 3, part 4;
    3. Department of health, diabetes prevention and health improvement account, created or referenced in former chapter 40, part 4 of this title [repealed]; and
    4. Department of environment and conservation, natural resources trust fund, created or referenced in title 11, chapter 14, part 3.
  6. In the fiscal years ending June 30, 2009,  June 30, 2011 and June 30, 2014, transfers shall not be made from the following funds, reserve accounts or programs:
    1. Department of transportation funds, reserve accounts and programs in the highway fund or other funds created or referenced in titles 54, 55, 57, 65 and 67, except as otherwise provided by law;
    2. Department of commerce and insurance, state board of accountancy fund, created or referenced in title 62, chapter 1, part 1;
    3. Department of commerce and insurance, division of regulatory boards fund, created or referenced in title 56, chapter 1, part 3; and
    4. Department of health, health-related boards fund, created or referenced in title 63, chapter 1, part 1.
  7. Notwithstanding Acts 2001, ch. 333, § 9 and any other law to the contrary, transfers are authorized from the department of commerce and insurance fees increased by Acts 2001, ch. 333.
  8. Other law to the contrary notwithstanding, in the year ending June 30, 2009, reserves of the Tennessee public utility commission, including the deferred revenue account created or referenced in title 65, chapter 1, part 1, the assistive telecommunication device distribution program reserve created or referenced in title 65, chapter 21, part 1, and any other reserve fund maintained by the commission are available to the commission for its operational costs; and such reserves may be transferred between operational accounts of the commission.
  9. In the fiscal years ending June 30, 2018, June 30, 2020, and June 30, 2021, transfers are authorized from the department of safety, handgun permit reserve, created or referenced in title 39, chapter 17, part 13.
  10. In the fiscal years ending June 30, 2020, and June 30, 2021, in addition to the transfers authorized in subsections (d) and (k), transfers are authorized from the following additional funds, reserve accounts, and programs:
    1. Attorney general and reporter, litigation settlement funds reserve, except as otherwise provided by law;
    2. District attorneys general conference, district attorneys expunction fund, created or referenced in title 40, chapter 32;
    3. District public defenders conference, public defenders expunction fund, created or referenced in title 40, chapter 32;
    4. Tennessee public utility commission, underground damage prevention fund, created or referenced in title 65, chapter 31;
    5. Tennessee arts commission, reserve for new specialty earmarked license plates, created or referenced in title 55, chapter 4, part 3;
    6. Department of finance and administration, office of inspector general reserve, created or referenced in title 71, chapter 5, part 25;
    7. Department of finance and administration, victim notification fund, created or referenced in title 67, chapter 4, part 6;
    8. Department of finance and administration, horse trailer specialty license plate reserve, created or referenced in title 55, chapter 4, part 3;
    9. Bureau of TennCare, Cover Tennessee litigation settlement reserve, except as otherwise provided by law;
    10. Department of agriculture, animal population specialty license plate reserve, created or referenced in title 55, chapter 4, part 2;
    11. Department of agriculture, agricultural specialty earmarked license plate reserve, created or referenced in title 55, chapter 4, part 2;
    12. Department of environment and conservation, state parks specialty license plate reserve, created or referenced in title 55, chapter 4, part 2;
    13. Department of environment and conservation, state parks Ocoee River recreation and economic development fund, created or referenced in title 11, chapter 8;
    14. Department of environment and conservation, Tennessee historical commission, Tennessee Civil War or War Between the States site preservation fund, created or referenced in chapter 11, part 1 of this title;
    15. Department of environment and conservation, Tennessee historical commission, historic property land acquisition fund, created or referenced in chapter 11, part 1 of this title;
    16. Department of environment and conservation, tire environmental fund, created or referenced in title 68, chapter 211, part 3;
    17. Department of environment and conservation, state parks birds of prey specialty license plate reserve, created or referenced in title 55, chapter 4, part 2;
    18. Tennessee wildlife resources agency, wildlife resources fund, created or referenced in title 70, chapter 1, part 4;
    19. Tennessee wildlife resources agency, boating safety act reserve, created or referenced in title 69, chapter 9, part 2;
    20. Department of education, energy efficient schools initiative reserve, created or referenced in title 49, chapter 17;
    21. Tennessee higher education commission, postsecondary licensure fee reserve, created or referenced in title 49, chapter 7, part 20;
    22. Attorney general and reporter, consumer affairs division reserve, created or referenced in title 40, chapter 33, part 2;
    23. Department of commerce and insurance, reduced cigarette ignition propensity and firefighter protection act enforcement fund, created or referenced in title 68, chapter 102, part 5;
    24. Tennessee corrections institute, local correctional officer training fund, created or referenced in title 41, chapter 7;
    25. Department of commerce and insurance, cemetery consumer protection account reserve, created or referenced in title 46, chapter 1, part 1;
    26. Department of commerce and insurance, pre-need funeral consumer protection account reserve, created or referenced in title 62, chapter 5, part 4;
    27. Department of commerce and insurance, securities industry education and enforcement fees, created or referenced in title 48, chapter 1, part 1;
    28. Department of commerce and insurance, insurance industry education and enforcement fees, created or referenced in title 56, chapter 53, part 1;
    29. Department of commerce and insurance, closed estate fund, created or referenced in title 56, chapter 9, part 3;
    30. Department of military, station commander's upkeep and maintenance fund, created or referenced in title 58, chapter 1, part 5;
    31. Department of health, St. Jude Children's Research Hospital specialty license plate reserve, created or referenced in title 55, chapter 4, part 2;
    32. Department of safety, electronic citation fee reserve, created or referenced in title 55, chapter 10, part 2;
    33. Department of environment and conservation, underground storage tank settlement funds, except as otherwise provided by law;
    34. Department of environment and conservation, solid waste settlement funds, except as otherwise provided by law;
    35. Department of environment and conservation, superfund settlement funds, except as otherwise provided by law;
    36. Department of environment and conservation, leaking underground storage tank settlement funds, except as otherwise provided by law;
    37. Court system, access to justice program reserve, created or referenced in Supreme Court Rule 50 and title 16, chapter 1, part 1;
    38. Court system, board of professional responsibility reserve, created or referenced in Supreme Court Rule 9 and title 16, chapter 1, part 1;
    39. Court system, Tennessee lawyers assistance program reserve, created or referenced in Supreme Court Rule 33 and title 16, chapter 1, part 1;
    40. Court system, commission on continuing legal education program reserve, created or referenced in Supreme Court Rule 21 and title 16, chapter 1, part 1;
    41. Court system, judicial commissioner continuing education account reserve, created or referenced in title 67, chapter 4, part 6;
    42. District attorneys general conference, fraud and economic crimes reserve, created or referenced in title 40, chapter 3, part 2;
    43. State treasurer, state pooled investment fund administrative reserve, created or referenced in title 9, chapter 4, part 6;
    44. State treasurer, educator liability fund, created or referenced in title 9, chapter 8, part 2;
    45. Department of correction, TDOC confiscated cash fund, created, or referenced in title 4, chapter 6, part 1;
    46. Public defenders conference, indigent defense local litigation tax reserve, created or referenced in title 40, chapter 14, part 2;
    47. Secretary of state, fantasy sports fund, created or referenced in title 47, chapter 18, part 16;
    48. State treasurer, financial literacy program reserve, created or referenced in title 49, chapter 6, part 17;
    49. State treasurer, electronic monitoring indigency fund, created or referenced in title 55, chapter 10, part 4;
    50. Department of finance and administration, electronic monitoring indigency fund, created or referenced in title 55, chapter 10, part 4;
    51. Department of finance and administration, child abuse fund, created or referenced in title 39, chapter 13, part 5;
    52. Department of finance and administration, anti-human trafficking fund, created or referenced in title 39, chapter 13, part 3;
    53. TennCare, maintenance of coverage trust fund, created or referenced in title 71, chapter 5, part 1;
    54. TennCare, nursing home assessment trust fund, created or referenced in title 71, chapter 5, part 10;
    55. Department of environment and conservation, settlement funds from Lenoir v. Porters Creek Watershed District, 586 F.2d 1081 (1978), except as otherwise provided by law;
    56. Department of environment and conservation, state lands acquisition compensation fund, created or referenced in title 67, chapter 4, part 4;
    57. Department of environment and conservation, settlement funds from Tennessee v. Roane Holdings, Ltd., 835 F.Supp.2d 527 (2011), except as otherwise provided by law;
    58. Department of correction, Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004 reserve, created or referenced in title 40, chapter 39, part 2;
    59. Department of commerce and insurance, Tennessee Professional Employee Organization Act reserve, created or referenced in title 62, chapter 43;
    60. Department of labor and workforce development, employee misclassification education and enforcement fund, created or referenced in title 50, chapter 6, part 9;
    61. Department of health, trauma system fund, created or referenced in title 68, chapter 59; and
    62. Department of revenue, uninsured motorist identification restricted fund, created or referenced in title 55, chapter 12, part 2.
  11. In the fiscal years ending June 30, 2008, June 30, 2009, June 30, 2010, June 30, 2011 and June 30, 2014, transfers are authorized from the following funds, reserve accounts and programs:
    1. Department of commerce and insurance, state board of accountancy fund, created or referenced in title 62, chapter 1, part 1;
    2. Department of commerce and insurance, division of regulatory boards fund, created or referenced in title 56, chapter 1, part 3;
    3. Department of health, health-related boards fund, created or referenced in title 63, chapter 1, part 1;
    4. Department of commerce and insurance, real estate education and recovery education fund, created or referenced in title 62, chapter 13, part 2;
    5. Department of commerce and insurance, real estate education and recovery claims fund, created or referenced in title 62, chapter 13, part 2; and
    6. Department of commerce and insurance, auctioneer education and recovery account, created or referenced in title 62, chapter 19.
  12. In the fiscal years ending June 30, 2020, and June 30, 2021, transfers shall not be made from the following funds, reserve accounts or programs:
    1. Tennessee board of court reporting fund, created or referenced in title 20, chapter 9, part 6;
    2. Department of agriculture, beef promotion board reserve, created or referenced in title 43, chapter 29; and
    3. Department of agriculture, cotton growers' organization reserve, created or referenced in title 43, chapter 6, part 4.

Department of environment and conservation, Tennessee board of energy and natural resources reclamation fund, created or referenced in title 60, chapter 1, part 4;

Acts 2004, ch. 512, § 1; 2005, ch. 500, § 10; 2008, ch. 1191, § 1; 2009, ch. 197, § 1; 2009, ch. 531, §§ 14, 15, 19; 2010, ch. 1100, § 8; 2011, ch. 509, § 1; 2012, ch. 575, § 1; 2012, ch. 727, § 2; 2014, ch. 917, §§ 5, 6, 8, 9; 2017, ch. 94, §§ 4, 77; 2018, ch. 839, § 3; 2018, ch. 1063, § 1; 2020, ch. 759, §§ 1-4, 12, 13.

Compiler's Notes. For an Order transferring the bureau of alcohol and drug abuse services from the department of health to the department of mental health and developmental disabilities [now the department of mental health or the department of intellectual and developmental disabilities], except for functions related to the licensing of alcohol and drug abuse counselors, see Executive Order No. 44 (February 23, 2007).

For the Preamble to the act concerning the operation and funding of state government and to fund the state budget for the fiscal years beginning on July 1, 2008, and July 1, 2009, please refer to Acts 2009, ch. 531.

Acts 2010, ch. 1100, § 153 provided that the commissioner of mental health and developmental disabilities, the commissioner of mental health, the commissioner of intellectual and developmental disabilities, and the commissioner of finance and administration are authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

For the preamble to the act concerning transfers of certain functions relating to probation and parole services and the community correction grant program from the board of probation and parole to the department of correction, please refer to Acts 2012, ch. 727.

Acts 2012, ch. 727, § 63 provided that the implementation of the act, which amended subdivisions (d)(9)-(11), shall be fully accomplished on or before January 1, 2013.

Acts 2013, ch. 94, § 1 provided that the state oil and gas board reclamation fund, formerly referred to in subdivision (d)(14), be changed to the Tennessee board of water quality, oil and gas reclamation fund, effective April 8, 2013.

Title 56, chapter 14, part 1 referenced in (d)(44) was renumbered as title 56, chapter 14 by the authority of the code commission in 2016.

Acts 2018, ch. 839, § 47 provided that the act, which amended this section, shall take effect, including for purposes of rulemaking, upon the deposit of federal funds in the Coal Mining Protection Fund.

Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner.

Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Amendments. The 2018 amendment by ch. 839, substituted “Tennessee board of energy and natural resources reclamation fund” for “Tennessee board of water quality, oil and gas reclamation fund” in (d)(14). See the Compiler's Notes.

Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.] May 21, 2018.

Attorney General Opinions. Use of highway funds to pay other state expenditures, OAG 07-155 (11/21/07), 2007 Tenn. AG LEXIS 155.

Transfer of fees to general fund, OAG 14-67, 2014 Tenn. AG Lexis 69 (7/1/14)

4-3-1017. Energy management program — Development and implementation through the state building energy management program.

  1. In developing and implementing an energy management program for state government under §§ 4-3-1017 — 4-3-1019, the department, through the state building energy management program, may include:
    1. Development, in coordination with the emergency management agency, of contingency plans for the most efficient use of energy by state buildings;
    2. Development and implementation of projects using renewable energy resources in state operations and procedures; and
    3. Development of a program to ascertain the energy use of each state department, agency, college, university or other institution, to recommend specific plans for energy use reduction to such entities, and to monitor the implementation of such plans.
  2. This program shall be implemented by all departments and agencies of the executive branch and by all state colleges and universities operated by the board of trustees of the University of Tennessee or the state board of regents.

Acts 1983, ch. 429, § 9; 1999, ch. 457, § 1; Acts 2007, ch. 72, § 3; T.C.A. § 4-3-1107; Acts 2008, ch. 718, § 1; 2009, ch. 529, §§ 4, 5.

Compiler's Notes. Former § 4-3-1107 was transferred to this section by Acts 2007, ch. 72, § 3, without amendment, effective July 1, 2007.

Acts 2009, ch. 529, § 1 provided that the act shall be known and may be cited as the “Tennessee Clean Energy Future Act of 2009.”

For the Preamble to the Tennessee Clean Energy Future Act of 2009, please refer to Acts 2009, ch. 529.

Acts 2009, ch. 529, § 30 provided that the provisions of the act, which amended the introductory paragraph of subsection (a) and amended subdivision (a)(2), shall be subject to sunset review pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, in 2014.

4-3-1018. Energy management program — Liaisons — Action — Reevaluation.

  1. To assist the department of finance and administration in developing an energy management plan for state government under §§ 4-3-1017 — 4-3-1019, each department of state government, institution or agency having control of or responsibility for the management or operation of a building used by state government, including the postsecondary public institutions and subparts of the University of Tennessee, the state board of regents and the state board of education, whether owned or leased, shall designate a representative for each building or group of buildings under one (1) management as a liaison with the department. Such person shall be the building manager or superintendent or someone familiar with the operation of the building.
  2. Each person designated as a liaison with the department shall cooperate with and assist the department in conducting energy audits of the building or group of buildings for which the person is the designated liaison, as well as any other studies or plans carried out by the department under this chapter or energy efficiency codes. Duties of the person shall include, but not be limited to, collecting energy use and other data requested by the department, assisting the department in identifying energy use reduction opportunities, implementing energy use reduction efforts and monitoring and reporting results following such efforts.
    1. When the department, in accordance with §§ 4-3-1017 — 4-3-1019, makes recommendations for energy conservation measures in any building for which an energy audit, or other similar study, has been conducted, it is the duty of the department, institution, board or agency and the building superintendent or manager to implement these recommendations.
    2. Implementation shall occur as soon as is feasible, taking into account the nature of the recommendations and the availability of personnel for implementation.
    3. Any recommendation in conflict with health or building codes shall be superseded by such codes, and such conflict shall be reported to the department.
    4. Any recommendation requiring capital outlays for equipment, building modifications, or similar actions and for which there are no appropriated funds, shall be submitted by the department and the involved department, institution, board, commission or agency to the state building commission, with an estimate of savings that would result from implementation of such recommendations, the anticipated costs of implementation and a recommendation for action. Such submissions shall be made and shall pass through such intermediate steps as are required by the laws and regulations governing capital requests or building projects by such department, institution, board, commission or agency.
    1. After a recommendation has been implemented and in effect for a reasonable period of time, the effects and results of the implementation shall be reevaluated by the department, in cooperation with the designated building liaison.
    2. In reevaluating the recommendations, the department shall consider any hardship or inconvenience, either to affected workers or the public, caused by such recommendation, the actual, as opposed to estimated, savings effected by such recommendations, and such other factors as the department, the liaison persons or the involved department, institution or agency may consider important.
    3. After such reevaluation, any implemented recommendation may be modified or rescinded.
    4. The department shall report to the energy, agriculture and natural resources committee of the senate and the agriculture and natural resources committee of the house of representatives, or their successor committees, on the implementation of the plan, and on compliance therewith. Copies of these reports will be made available to interested agencies.

Acts 1983, ch. 429, § 9; 1998, ch. 605, § 1; 1999, ch. 457, §§ 2, 3; 2007, ch. 72, §§ 2, 4; T.C.A. § 4-3-1108; Acts 2009, ch. 529, § 6; 2012, ch. 604, § 2; 2013, ch. 236, § 3.

Compiler's Notes. Former § 4-3-1108 was transferred to this section by Acts 2007, ch. 72, § 4, effective July 1, 2007.

Acts 2009, ch. 529, § 1 provided that the act shall be known and may be cited as the “Tennessee Clean Energy Future Act of 2009.”

For the Preamble to the Tennessee Clean Energy Future Act of 2009, please refer to Acts 2009, ch. 529.

Acts 2009, ch. 529, § 30 provided that the provisions of the act, which amended subsection (b), shall be subject to sunset review pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, in 2014.

4-3-1019. Energy management program — Interagency cooperation.

  1. To facilitate coordination of state building energy conservation and retrofit measures to be developed or to be implemented within state government, including public institutions of higher education, and to prevent duplication of such plans or programs, the departments of general services, environment and conservation, the state building commission, the Tennessee higher education commission, the state board of regents, the board of trustees of the University of Tennessee, and the state board of education shall cooperate with the department of finance and administration and shall supply information concerning any retrofit proposals or consulting projects involving energy conservation within the proposing or consulting entity that are developed independently of the department of finance and administration.
  2. The information provided for in subsection (a) would include requests for funding or consulting contracts for building energy management programs or requests for funding of energy conservation retrofits, and should be furnished prior to approval of the request.
  3. The department of finance and administration may comment on any such plan or program, including noting the existence of a similar plan or program, but shall have no power to postpone or deny this request.

Acts 1983, ch. 429, § 9; 1999, ch. 457, §§ 5, 6; 2007, ch. 72, § 5; T.C.A. § 4-3-1110; Acts 2016, ch. 743, § 12.

Compiler's Notes. Former § 4-3-1110 was transferred to this section by Acts 2007, ch. 72, § 5, without amendment, effective July 1, 2007.

4-3-1020. Energy management program — Expenditure of federal funds.

Any federal funds expended pursuant to §§ 4-3-10174-3-1019, shall only be obligated or expended in accordance with the program, terms, conditions and agreement under which such funds were received, unless specific authority to modify such program, terms, conditions or agreement has been received in writing from the granting authority.

Acts 1983, ch. 429, § 27; 2007, ch. 72, § 6; T.C.A. § 4-3-1111.

Compiler's Notes. Former § 4-3-1111 was transferred to this section by Acts 2007, ch. 72, § 6, without amendment, effective July 1, 2007.

4-3-1021. Monitoring and auditing of pharmacy benefits manager's compliance with state pharmacy benefits management contract.

  1. The department of finance and administration shall monitor, and cause to be audited by its qualified independent auditor, the pharmacy benefits manager's compliance with any state pharmacy benefits management contract. The commissioner of finance and administration, or the commissioner's designee, shall report, by July 1 of each year, on the pharmacy benefits manager's contract compliance to the speaker of the senate, the speaker of the house of representatives and the fiscal review committee.
  2. In order to comply with subsection (a), the department shall, after one (1) year of entering into or renewing any state pharmacy benefits management contract, annually perform a single risk assessment to determine those areas of the contracts that pose the greatest risk of noncompliance, fraud, waste and abuse. Upon completion of the risk assessment, the department shall incorporate the results of the risk assessment into its audit and monitoring plan. The department shall update the risk assessment when contract amendments result in additional risks of noncompliance, fraud, waste, or abuse. The department shall consult with the office of the comptroller of the treasury in determining the scope and extent of the audit and monitoring plan procedures. The department may submit the updated audit and monitoring plan, along with any audit or monitoring findings, to comply with the reporting requirement in subsection (a).
  3. The audit and monitoring plan shall address all state pharmacy benefits management contracts and be designed to examine source documentation whenever such documentation is available. The plan shall include, but not be limited to, a review of:
    1. Repricing of pharmacy claims at the drug level;
    2. Validation of the national drug code (NDC) usage;
    3. Appropriateness of the nationally recognized reference prices, or average wholesale price (AWP), in accordance with § 56-7-3104;
    4. Eligibility of beneficiaries for pharmacy claims paid;
    5. For pharmacy benefits contracts entered into or renewed on or after July 1, 2013, reconciliation of the pharmacy benefits manager's payments to pharmacies with the state's reimbursement to the pharmacy benefits manager;
    6. Confirmation that the pharmacy benefits manager's payments to pharmacies do not reflect disparity among network pharmacies attributable to preferential treatment of one (1) or more pharmacies;
    7. Recalculation of discount and dispensing fee guarantees;
    8. Review of the state's claim utilization to ensure that per claim rebate guarantees were accurately calculated by the pharmacy benefits manager;
    9. Review of rebate contracts between the pharmacy benefits manager and five (5) drug manufacturers, to be selected by the benefits administration division of the department, and the contracted auditor to ensure that eligible rebate utilization was accurately invoiced on behalf of the state;
    10. Comparison of total rebates collected by the PBM (pass-through rebates) to the minimum rebate guarantees (per claim rebates) to ensure that annual reconciliation of rebate payments to the state represented the greater of the two (2) amounts;
    11. Monitor the activities of the pharmacy benefits manager to ensure that the contractor is conducting audits and other reviews of pharmacies as provided in the contractor's scope of services; and
    12. Consideration of other industry related risks to reduce the risk of financial losses due to fraud, waste and abuse.
  4. The department shall seek appropriate remedies for contract noncompliance and occurrences of fraud, waste or abuse that are discovered through monitoring or audits.
  5. The department shall have the authority to contract with a qualified independent auditor experienced in conducting pharmacy audits for auditing the pharmacy benefits manager's compliance with the contract. No contracted qualified independent auditor shall subcontract any part of the plan described in this section without the express written approval by the commissioner, or the commissioner's designee, and notification in writing to the comptroller of the treasury.
  6. This section shall apply to any state or local health insurance plan established under title 8, chapter 27.

Acts 2013, ch. 408, § 1.

4-3-1022. Control of state portal — E-commerce payment activity assessment — Annual report — Liability for underlying obligation.

  1. The commissioner of finance and administration shall have the responsibility for the overall management of the state's portal, which shall include the following:
    1. The commissioner may authorize the assessment of additional charges on e-commerce payment activity to recover the costs of delivering e-commerce services, accepting electronic payments online, or both and shall be responsible for the development and administration of the policy guidelines governing such charges. The guidelines shall be consistent with federal laws and regulations governing electronic payment transactions. Such additional charges shall only be assessed when an optional method of payment is available. In no event shall such charges exceed the actual costs incurred to deliver e-commerce services and accept electronic payments online; and
    2. The review of the chief information officer's annual report concerning the operation of the state's portal.
  2. No person making a payment to the department by credit card, debit card, or other similar financial transaction card shall be relieved from liability for the underlying obligation, except to the extent that the department realizes final payment of the underlying obligation in cash or the equivalent. If final payment is not made by the card issuer or other guarantor of payment, then the underlying obligation shall survive, and the department shall retain all remedies for enforcement that would have applied if the transaction had not occurred.

Acts 2016, ch. 880, § 1.

Part 11
Department of General Services

4-3-1101. Creation.

There is hereby created the department of general services.

Acts 1923, ch. 7, § 24; Shan. Supp., § 373a62; Code 1932, § 286; Acts 1933, ch. 92, § 1(12); 1937, ch. 33, §§ 15, 31; 1939, ch. 11, §§ 10, 16; C. Supp. 1950, § 255.15; Acts 1953, ch. 163, § 1; 1959, ch. 9, § 5; 1961, ch. 97, §§ 1, 5; 1972, ch. 543, §§ 3, 7; modified.

Compiler's Notes. The department of general services, created by this section and § 4-3-101, terminates June 30, 2024. See §§ 4-29-112, 4-29-245.

Cross-References. Creation of the department of general services, § 4-3-101.

4-3-1102. Commissioner.

The department of general services shall be under the charge and general supervision of the commissioner of general services.

Acts 1923, ch. 7, § 24; Shan. Supp., § 373a62; Code 1932, § 286; Acts 1933, ch. 92, § 1(12); 1937, ch. 33, § 15; 1939, ch. 11, § 10; C. Supp. 1950, § 255.15; Acts 1953, ch. 163, § 1; 1959, ch. 9, § 5; 1961, ch. 97, §§ 2, 5; 1972, ch. 543, § 7; modified.

4-3-1103. General functions.

The department of general services shall coordinate and administer the state's purchases, personal properties, printing and motor vehicle facilities, surplus property, postal services and general public works services, and will provide for state agencies all additional support services that are not assigned by law to specific departments.

Acts 1972, ch. 543, § 3; T.C.A., § 4-330; Acts 1981, ch. 499, § 4.

4-3-1104. Divisions — Creation.

  1. In order to discharge the functions of this department, there are hereby created within the department the following divisions:
    1. The food services management division;
    2. The motor vehicle management division;
    3. The photographic division;
    4. The printing division;
    5. The property services management division;
    6. The public works division; and
    7. The purchasing and administration division.
  2. The commissioner shall assign to the divisions the functions and duties imposed upon the department. The commissioner may combine, consolidate or abolish any of the divisions, or create such new divisions as are necessary to carry out the duties imposed upon the department, subject to the approval of the commissioner of finance and administration.

Acts 1972, ch. 543, § 6; T.C.A., § 4-330; Acts 1981, ch. 364, §§ 4, 5; 1983, ch. 429, § 6; 2008, ch. 717, § 1; 2013, ch. 207, § 10.

Compiler's Notes. Acts 1999, ch. 457, § 7, which was added as § 4-3-1012, provided for the transfer of the office of energy management, described in part 11 of this chapter, from the department of general services to the department of finance and administration, as to any functions related to the energy management program for state buildings and state-owned facilities. Section 7 of the act further provided that all staff, staff positions, equipment, supplies, property, funds and other resources of the functions referenced above shall be transferred to the department of finance and administration. Pursuant to section 7 of the act, energy management functions not related to state buildings and state-owned facilities shall remain with the department of general services.

Cross-References. Reorganization of divisions, § 4-4-101.

Attorney General Opinions. Copyright status of photographs taken by Tennessee's photographic services personnel, OAG 07-130 (8/27/07), 2007 Tenn. AG LEXIS 130.

4-3-1105. Powers and duties.

The department of general services has the power and is required to:

  1. Establish facilities for the testing of any materials, supplies or equipment purchased, or to be purchased, for this state or any of its departments, institutions or agencies, use the testing facilities of any other state department, institution or agency, and contract for testing services from any other private or public facility;
  2. Sell supplies, materials and equipment that are surplus, obsolete or unused;
  3. Have general care and supervision of all central storerooms operated by the state government, and establish and maintain such other central storerooms as may be necessary for the proper administration of title 12, chapter 3;
  4. Establish, maintain and conduct a central mail room, central postage metering, and centralized outgoing mail services for all state departments, institutions and agencies located at the state capitol, except those exempted by the commissioner;
  5. Prepare, publish and keep current a purchasing manual containing, among other things, the material provisions of title 12, chapter 3, the rules and regulations of the department and the procurement commission, and an explanation of the procedures followed in the handling and making of purchases and contracts under this part;
  6. Exercise, with the approval of the procurement commission, all the rights, powers and duties vested by title 12, chapter 5;
  7. Furnish, when requested, without cost, to the chief fiscal officer in each county and in each municipality of this state the current catalog or price listing of goods and materials, which the department may purchase for local government, by virtue of § 12-3-1201;
  8. Supervise the maintenance of public buildings, including the state capitol and capitol annexes except as otherwise provided by § 4-8-101(a)(2), and of the capitol grounds, and the supplying of furniture and fixtures to these buildings;
  9. Study the use of state-owned automobiles by the state departments, offices and agencies, and establish rules and regulations for the housing, repair and operation of such automobiles;
  10. Make provisions for the centralization of such departmental services as mimeographing, duplicating, addressographing, copying, typesetting, copy preparation and binding, in order to save duplicate outlays for costly equipment used only part time;
  11. Supervise and maintain all public memorials and monuments erected or owned by the state, except where the supervision and maintenance is otherwise provided by law;
  12. Exercise general custodial care of all real property of the state;
  13. Provide for the supervision of the planning, preparing and serving of food including, but not limited to, the training and supervision of state food service employees;
  14. Exercise all functions previously exercised by the state educational agency for surplus property, as described in § 49-1-304;
  15. Supervise and regulate parking in the main state employee parking lot at the base of Capitol Hill in Nashville, as well as any other state employee parking lots now in existence or hereafter created throughout the state, except as provided in § 4-8-201, the parking lot adjacent to the Supreme Court Building in Nashville that is utilized by the personnel employed in the Supreme Court Building, and the underground parking facility adjacent to the War Memorial Building in Nashville. Such regulation shall include, but not be limited to, issuance of parking stickers to state employees, assessment of civil penalties in the manner provided in § 4-8-203, and removal of unauthorized vehicles. Such regulations shall not be applicable to tourists with out-of-state tags;
  16. Supervise the supplying of utilities to the state-owned buildings under the department's control and implement a system for monitoring and controlling the cost of such utilities;
  17. Provide state vehicle energy management life-cycle (operational and maintenance) cost analysis;
  18. Define and implement an energy efficiency code for state procurement of equipment and appliances;
  19. Administer the state employee van pool program;
  20. Prepare an annual report on the activities of the department concerning the definition and implementation of an energy efficiency code for state procurement of equipment and appliances. The department shall publish the report on the department's website and submit the report to the governor, the speakers of the senate and the house of representatives, the chairs of the government operations committees of the senate and the house of representatives, and the chairs of the energy, agriculture and natural resources committee of the senate and the agriculture and natural resources committee of the house of representatives, or their successor committees. The report shall include savings realized by the state as a result of the office's activities expressed in both units of energy saved and monetary cost-avoidance;
  21. Implement and administer the procurement of energy-efficient motor vehicles as provided in this part; and
  22. Impose a reasonable real estate transaction fee on all real estate transactions when the transaction is processed through the department of general services and to grant a fee waiver when deemed appropriate by the department. Said fee structure and waivers shall be subject to approval by the state building commission.

Acts 1923, ch. 7, §§ 20, 21; Shan. Supp., §§ 373a57, 373a58; Code 1932, §§ 281, 282; Acts 1933, ch. 92, §§ 1(8), 1(9); C. Supp. 1950, §§ 255.31-255.42; Acts 1953, ch. 163, §§ 25, 29 (Williams, §§ 370.34, 370.38); modified; Acts 1959, ch. 9, § 5; 1961, ch. 97, § 5; 1972, ch. 543, § 5; 1972, ch. 630, § 1; 1973, ch. 307, § 1; 1978, ch. 524, § 1; T.C.A. (orig. ed.), § 4-331; T.C.A., § 4-330; Acts 1981, ch. 499, §§ 3, 5; 1983, ch. 214, § 4; 1983, ch. 429, §§ 8, 19; 2000, ch. 561, § 4; 2001, ch. 109, § 1; 2007, ch. 72, § 1; 2007, ch. 532, § 2; 2008, ch. 717, §§ 2, 3; 2009, ch. 106, §§ 1, 3; 2010, ch. 1062, § 1; 2011, ch. 295, § 19; 2012, ch. 604, § 3; 2013, ch. 236, § 3; 2013, ch. 454, § 26.

Compiler's Notes. Former § 12-3-1001, formerly referred to in this section, was transferred to § 12-3-1201 by Acts 2013, ch. 403, § 68, effective July 1, 2013.

For an order transferring management and operation of the Division of Real Property Administration from the Department of Finance and Administration to the Department of General Services, see Executive Order No. 7 (September 30, 2011).

Acts 1981, ch. 503, § 11(43) (the general appropriations act) provided that:

“Notwithstanding any other provision of law to the contrary, each state employee presently required to pay a commuting charge for the use of a state automobile shall be required, upon passage of this act, to pay the cost to the state of owning and operating such vehicle, in accordance with a reimbursement rate established by the commissioner of finance and administration, which shall be no less than the rate paid to reimburse general state employees for mileage pursuant to the comprehensive travel regulations.”

Cross-References. Rules and regulations regarding motor vehicles to be developed by department of safety, § 4-3-2007.

Security of state buildings and offices, division of protective services, § 4-3-2006.

4-3-1106. Special police commissions.

  1. The commissioner of general services shall be authorized to issue special police commissions to qualified state security personnel, who are full-time salaried employees of the state, to go armed or carry pistols while on active duty engaged in enforcing § 4-3-1105(8), (11), (12) and (15).
  2. Such commissions shall only be issued by the commissioner to those personnel who have satisfactorily completed appropriate training and who are certified as qualified, including mental and physical competency, to carry firearms by the Jerry F. Agee Tennessee law enforcement training academy or other similar agency.

Acts 1977, ch. 209, § 1; impl. am. Acts 1979, ch. 93, § 1; T.C.A., § 4-330.

4-3-1107. Display of vehicle abuse hotline decal on vehicles managed by department of general services.

  1. The department of general services shall ensure that all vehicles purchased or leased with funds appropriated by the state and managed by the department of general services for the use of any department, office, or agency of the state display a vehicle abuse hotline decal. This subsection (a) shall apply only to vehicles displaying a governmental service registration plate of distinctive design issued under § 55-4-219; provided, that this subsection (a) shall not apply to vehicles used by state law enforcement agencies or the department of military.
  2. The decal shall contain a telephone number or website information through which complaints regarding potential misuse of a state vehicle, including speeding, texting and driving, or reckless driving, can be submitted.
  3. The department shall establish and maintain a vehicle abuse hotline and website through which complaints regarding potential misuse of a state vehicle can be submitted. The department shall also establish procedures for notifying departments, offices, and agencies of the state regarding any complaints received and for responding as necessary to those persons submitting complaints.
  4. The cost of implementation of this section shall be provided from within existing resources of the department.

Acts 2018, ch. 982, § 1.

Compiler's Notes. Acts 1999, ch. 457, § 7, which was added as § 4-3-1012, provided for the transfer of the office of energy management, described in part 11 of this chapter, from the department of general services to the department of finance and administration, as to any functions related to the energy management program for state buildings and state-owned facilities. Section 7 of the act further provided that all staff, staff positions, equipment, supplies, property, funds and other resources of the functions referenced above shall be transferred to the department of finance and administration. Pursuant to section 7 of the act, energy management functions not related to state buildings and state-owned facilities shall remain with the department of general services.

Former § 4-3-1107, concerning development and implementation of an energy management program, was transferred to § 4-3-1017 by Acts 2007, ch. 72, § 3, effective July 1, 2007.

The reference in subsection (a) to “55-4-223” was changed to “55-4-219” in light of the renumbering of that section pursuant to Acts 2018, ch. 1023, § 49.

4-3-1108. [Reserved.]

  1. The commissioner shall encourage the acquisition of energy-efficient and alternative fuel motor vehicles in the fleet of state vehicles. Each year, every effort should be made to achieve a target goal that one hundred percent (100%) of newly purchased passenger motor vehicles be energy-efficient or alternative fuel motor vehicles. The department shall ensure that at least twenty-five percent (25%) of newly purchased passenger motor vehicles procured for use in areas designated by the United States environmental protection agency (EPA) as nonattainment areas shall be all electric or hybrid-electric vehicles or vehicles powered by natural gas or propane; provided, that such vehicles and fueling infrastructure are available at the time of procurement and such vehicles are purchased at competitive prices. In the event that such vehicles or fueling infrastructure is not available at the time of procurement, the department may instead meet this mandate by procuring compact fuel-efficient vehicles. In areas not designated by the EPA as nonattainment areas, the department shall ensure that at least twenty-five percent (25%) of newly purchased passenger motor vehicles are all electric or hybrid-electric vehicles, vehicles powered by natural gas or propane, or compact fuel-efficient vehicles; provided, that such vehicles are purchased at competitive prices.
    1. Commencing June 30, 2013, the commissioner shall compile and maintain information on the nature of passenger motor vehicles that are owned and leased by the state, including, but not limited to:
      1. The number of passenger motor vehicles purchased during the fiscal year categorized by energy-efficiency; and
      2. The number of passenger motor vehicles owned as of June 30 of each year categorized by energy-efficiency.
    2. The commissioner shall file an annual report with the governor and the general assembly concerning such passenger motor vehicles. The report shall include at a minimum:
      1. Problems or concerns the state may have experienced in meeting the target goal set pursuant to subsection (a) relative to obtaining such energy-efficient motor vehicles;
      2. Any savings or increased expenditures to the state in the purchase of, as well as the operation and maintenance cost of, such motor vehicles;
      3. Plans for integrating energy-efficient motor vehicles identified in subdivisions (c)(1)(E) and (G) into the state passenger motor vehicle fleet;
      4. The volume of gasoline or diesel displaced by the usage of energy-efficient or alternative fuel vehicles; and
      5. The emissions reduction achieved by the usage of energy-efficient or alternative fuel vehicles.
    3. The information compiled and maintained pursuant to subdivisions (b)(1) and (2) shall be made accessible to the public on the department's website through a prominent link provided on the home page. In addition, the department shall submit an annual report containing the information compiled and maintained pursuant to subdivisions (b)(1) and (2) to the speaker of the senate and the speaker of the house of representatives and to the chairs of the committees concerning government operations and to the chair of the energy, agriculture and natural resources committee of the senate and the chair of the agriculture and natural resources committee of the house of representatives.
  2. For purposes of this section, unless the context otherwise requires:
    1. “Energy-efficient motor vehicle” means a passenger motor vehicle that is:
      1. An alternative fuel vehicle as defined by the Energy Policy Act of 1992 (P.L. 102-486);
      2. A flexible fuel vehicle (FFV) utilizing ethanol, biodiesel, or any other commercially available alternative fuel approved by the United States department of energy;
      3. A hybrid-electric vehicle (HEV);
      4. A compact fuel-efficient vehicle, defined as a vehicle powered by unleaded gasoline that has a United States EPA estimated highway gasoline mileage rating of at least twenty-five miles per gallon (25 mpg) or greater for the model year purchased;
      5. An electric vehicle (EV);
      6. A vehicle powered by natural gas or propane; or
      7. A vehicle powered by ultra low sulfur diesel fuel that meets Bin 5, Tier II emission standards mandated by the EPA and that has an EPA estimated highway mileage rating of at least thirty miles per gallon (30 mpg) or greater for the model year purchased; and
    2. “Passenger motor vehicle” means a motor vehicle designed for carrying six (6) or fewer adult passengers and used for the transportation of persons; provided, that vans, including cargo vans, trucks, sport utility vehicles, and police pursuit vehicles shall not be considered passenger motor vehicles.
  3. For purchases of vehicles that are not passenger motor vehicles, including cargo vans, trucks, and sport utility vehicles, the department is encouraged to make reasonable efforts to achieve a target goal that at least five percent (5%) of newly purchased vehicles are vehicles powered by natural gas or propane; provided, that such vehicles and fueling infrastructure are available at the time of procurement and such vehicles are purchased at competitive prices.
  4. In order to facilitate the development of natural gas and propane fueling infrastructure, the department is authorized to participate in such pilot projects as may be necessary to ensure the availability of natural gas and propane fueling infrastructure throughout the interstate highway corridors in this state.

Acts 2007, ch. 532, § 1; 2009, ch. 529, §§ 7-13; 2012, ch. 604, § 4; 2013, ch. 236, § 4; 2013, ch. 423, § 2; 2014, ch. 591, §§ 1, 2.

Compiler's Notes. Former § 4-3-1109 (Acts 1983, ch. 429, § 9), concerning solar hot water heaters in the energy management program, was repealed by Acts 1999, ch. 457, § 4, effective June 17, 1999.

Acts 2009, ch. 529, § 1 provided that the act shall be known and may be cited as the “Tennessee Clean Energy Future Act of 2009.”

For the Preamble to the Tennessee Clean Energy Future Act of 2009, please refer to Acts 2009, ch. 529.

Acts 2009, ch. 529, § 30 provided that the provisions of the act, which amended subsection (a), added subdivision (b)(2)(C), amended subdivision (c)(1)(D), and added subdivisions (c)(1)(E)-(G), shall be subject to sunset review pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, in 2014.

Acts 2013, ch. 423, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Energy Independence Act of 2013.”

For the Preamble to the act concerning alternative fuel vehicles and fueling infrastructure, please refer to Acts 2013, ch. 423.

4-3-1110. [Reserved.]

4-3-1112. Rain forest materials and products — Study of purchases — Reduction or elimination.

The commissioner of general services is requested to conduct a study of the purchase by the state of any materials or products having their origin in raw materials derived from the endangered rain forest and how the state might reduce or eliminate the purchase of such materials or products. The commissioner is also requested to purchase non-rain forest products if comparable in quality and cost to products derived from endangered rain forests.

Acts 1992, ch. 1010, § 1.

4-3-1113. Lighting of Tennessee Tower.

The commissioner of general services shall, whenever practicable, provide the lighting patterns of the Tennessee Tower in Nashville for holidays and for appropriate messages from local nonprofit organizations and causes.

Acts 1997, ch. 454, § 1.

4-3-1114. Emergency keyed lock boxes next to functioning elevators.

  1. Not later than November 28, 2005, each state-owned public building under the department's control, including the state capitol and capitol annexes, must ensure that an emergency keyed lock box is installed next to each bank of functioning elevators located on the main level. Such lock boxes shall be permanently mounted seventy-two inches (72") from the floor to the center of the box, be operable by a universal key, no matter where such box is located, and shall contain only fire service keys and drop keys to the appropriate elevators. General standards for the design of such boxes shall be approved by the department of labor and workforce development not later than July 31, 2005; provided, however, that such standards must be consistent with all applicable building and life safety standards governing the facility.
  2. Failure to comply with this section shall be a Class C misdemeanor, and shall be punishable by a fine only of not more than two hundred fifty dollars ($250).

Acts 2005, ch. 404, § 3.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

Part 12
Department of Human Services

4-3-1201. Creation.

There is hereby created the department of human services.

Acts 1937, ch. 33, § 1; 1939, ch. 11, § 1; C. Supp. 1950, § 255.1; Acts 1975, ch. 219, § 1; modified.

Compiler's Notes. The department of human services, created by this section and § 4-3-101, terminates June 30, 2022. See §§ 4-29-112, 4-29-243.

For the transfer of certain children-related functions from the department of human services to the departments of health and children's services, Executive Order No. 6 (January 12, 1996).

Cross-References. Creation of the department of human services, § 4-3-101.

Organization, powers and duties of department, title 71, ch. 1, part 1.

4-3-1202. Commissioner.

The department of human services shall be under the charge and general supervision of the commissioner of human services.

Acts 1937, ch. 33, § 2; 1939, ch. 11, § 2; C. Supp. 1950, § 255.2; Acts 1975, ch. 219, § 2; modified.

4-3-1203. General functions of department.

The department of human services shall administer all functions to be established in this state under the federal Social Security Act (42 U.S.C. § 301 et seq.), except those functions that may be expressly delegated by either state statute or by federal law to other state departments, offices or agencies.

Acts 1937, ch. 33, § 59; 1939, ch. 11, § 37; C. Supp. 1950, § 255.58 (Williams, § 255.62); Acts 1975, ch. 219, § 3; T.C.A. (orig. ed.), § 4-312.

Compiler's Notes. For transfer of certain powers and duties to the office of children's services administration in the department of finance and administration, see Executive Order No. 58 (June 29, 1994).

4-3-1204. Duties of commissioner.

    1. The commissioner shall formulate rules and regulations:
      1. Fixing the minimum standards of service to be required of the local government authorities in carrying out the public welfare functions reposed in them;
      2. Providing for the termination of any grants-in-aid to any such local government authority whenever it becomes apparent that such minimum standards are not being complied with; and
      3. Requiring that the local governments shall bear such proportion of the total expenses as may be fixed by statute.
    2. The terms of subdivision (a)(1) shall apply only to the social security program.
  1. The commissioner is authorized to provide technical assistance to private employers pertaining to the implementation of day care services as an employee benefit under a cafeteria benefit plan. Such technical assistance shall be coordinated with appropriate state officials and private industry associations.

Acts 1937, ch. 33, §§ 59, 60; 1939, ch. 11, §§ 37, 38; C. Supp. 1950, §§ 255.58, 255.59 (Williams, §§ 255.62, 255.63); Acts 1975, ch. 219, §§ 3, 4; T.C.A. (orig. ed.), §§ 4-312, 4-313; Acts 1988, ch. 801, § 1; 1996, ch. 1079, § 19.

Cross-References. Commission on aging and disability, commissioner as member, § 71-2-104.

Organization, powers and duties of department, title 71, ch. 1, part 1.

4-3-1205. Definitions for §§ 4-3-1205 – 4-3-1208.

  1. As used in §§ 4-3-1205 – 4-3-1208, unless the context otherwise requires:
    1. “Analytical procedure” means a process consisting of evaluations of financial information made by a study of plausible relationships among both financial and nonfinancial data, and involving a comparison of recorded values with expectations developed by an auditor. “Analytical procedure” includes, but is not limited to, data analysis to identify subrecipients who claim maximum reimbursement when fluctuations are expected, and the unreasonable or inconsistent relationships between the subrecipients' ability to provide the level of services that the subrecipients claim for reimbursement;
    2. “Chairs” mean:
      1. The chair of the government operations committee of the house of representatives and the chair of the government operations committee of the senate;
      2. The chair of the health committee of the house of representatives and the chair of the health and welfare committee of the senate; and
      3. The chair of the finance, ways and means committee of the house of representatives and the chair of the finance, ways and means committee of the senate;
    3. “Department” means the department of human services;
    4. “Speakers” mean the speaker of the house of representatives and the speaker of the senate;
    5. “Sponsoring organization”:
      1. Means a public or nonprofit private organization that is entirely responsible for the administration of a food program in:
        1. One (1) or more day care homes;
        2. A child care center, emergency shelter, at-risk afterschool care center, outside-school-hours care center, or adult day care center which is a legally distinct entity from the sponsoring organization;
        3. Two (2) or more child care centers, emergency shelters, at-risk afterschool care centers, outside-school-hours care center, or adult day care centers; or
        4. Any combination of child care centers, emergency shelters, at-risk afterschool care centers, outside-school-hours care centers, adult day care centers, and day care homes; and
      2. Includes an organization that is entirely responsible for administration of a food program in any combination of two (2) or more child care centers, at-risk afterschool care centers, adult day care centers, or outside-school-hours care centers; and
    6. “Subrecipient” means a nonfederal legal entity that receives a sub award from the department acting as a pass-through agency to carry out a federal program or grant. “Subrecipient” includes a sponsoring organization. “Subrecipient” does not include an individual that is a beneficiary of the program.
  2. Every three (3) months, the department shall submit to the chairs, the speakers, and the comptroller of the treasury a report summarizing each announced and unannounced physical site visit conducted by the department during the subrecipient monitoring process. The report shall also contain advance notice of any announced and unannounced site visits planned for the following three-month period.
  3. Every three (3) months, the office of inspector general within the department of human services shall submit to the chairs, the speakers, and the comptroller of the treasury a report summarizing the results of any substantiated investigation concerning fraud, waste, and abuse regarding the child and adult care food program and summer food service program.
  4. The department's written reports submitted pursuant to subsections (b) and (c) shall be treated as confidential and shall not be open for public inspection.
  5. The department shall develop subrecipient monitoring plans utilizing analytical procedures. The subrecipient monitoring plans shall be submitted to the chairs, speakers, and comptroller of the treasury prior to October 1 of each year, consistent with state central procurement office policy and the applicable federal plan development and submission cycle.
  6. To the extent authorized by federal law, the department shall perform both announced and unannounced physical site visits during the subrecipient monitoring process. The department shall not provide any subrecipients with a description of the information sought by the department in anticipation of physical site visits conducted by the department during the subrecipient monitoring process.

Acts 2016, ch. 798, § 1; 2019, ch. 71, § 2.

Cross-References. Confidentiality of public records, § 10-7-504.

4-3-1206. Performance bond — Requirements — Exceptions.

  1. To the extent authorized by federal law, the department shall require a sponsoring organization applying to participate in any food program administered through the department to obtain and maintain a performance bond from a company designated in the United States Treasury Circular 570 as certified to issue bonds for the child and adult care food program and the summer food service program in an amount specified by the department.
  2. The bond amount shall be reviewed and adjusted to reflect actual enrollment or reimbursement as needed.
  3. A sponsoring organization may request relief from the bonding requirement once it can demonstrate that it has accumulated three (3) consecutive years of successful administrative and financial history by submitting a written request to the department.

Acts 2016, ch. 798, § 2.

4-3-1207. Background checks.

During the application process, and at any time during a sponsoring organization's or subrecipient's participation in a food program administered by the department, to the extent authorized by federal law the department shall conduct background checks on each applicant of the subrecipient or sponsoring organization, to determine if any applicant has a criminal history that would make the organization ineligible to participate in a food program administered by the department. Criminal history that meets this criterion includes a criminal conviction in the seven (7) years preceding the date of application or the date of background check that indicates a lack of business integrity including, but not limited to, any crime involving dishonesty.

Acts 2016, ch. 798, § 3.

4-3-1208. Authority to obtain state and national history background checks on employees and contractors with access to individuals with disabilities.

  1. The department is authorized, in accordance with 34 U.S.C. § 40102(a)(1), to obtain state and national criminal history background checks and investigations performed by the Tennessee bureau of investigation and the federal bureau of investigation on employees and contractors of the department of human services division of rehabilitation services who are likely to have access to individuals with disabilities.
  2. An employee of the department of human services division of rehabilitation services who is likely to have access to individuals with disabilities must:
    1. Agree to the release of all investigative records to the state for the purpose of verifying criminal history information; and
    2. Supply a fingerprint sample and submit to a state criminal history background check and investigation to be conducted by the Tennessee bureau of investigation and a national criminal history background check and investigation to be conducted by the federal bureau of investigation.
  3. A person who is contracted with the department of human services division of rehabilitation services or employed by or subcontracted with a company that is contracted with the department of human services division of rehabilitation services who is likely to have access to individuals with disabilities must:
    1. Agree to the release of all investigative records to their employer or the state for the purpose of verifying criminal history information; and
      1. Supply a fingerprint sample and submit to a state criminal history background check and investigation to be conducted by the Tennessee bureau of investigation and a national criminal history background check and investigation to be conducted by the federal bureau of investigation; or
      2. Release information for a criminal background investigation by a state-licensed private investigation company.
  4. The department may require a person or entity contracting with the department to pay the costs associated with the background investigations of all employees of the contractor, which may be a condition of the contract with the department. If the background check is conducted by the Tennessee bureau of investigation or the federal bureau of investigation, the payment of the costs shall be made in accordance with § 38-6-103.
  5. The department is authorized to promulgate rules regarding the implementation and use of the background checks and investigations conducted pursuant to this section. All rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in chapter 5 of this title.

Acts 2019, ch. 71, § 1.

Part 13
Department of Commerce and Insurance

4-3-1301. Creation.

There is hereby created the department of commerce and insurance.

Acts 1923, ch. 7, § 1; Shan. Supp., § 373a30; Code 1932, § 255; Acts 1937, ch. 33, § 1; C. Supp. 1950, § 255.1; Acts 1971, ch. 137, § 1; modified; Acts 1983, ch. 311, § 5.

Compiler's Notes. The department of commerce and insurance, created by this section and § 4-3-101, terminates June 30, 2023. See §§ 4-29-112, 4-29-244.

Cross-References. Creation of the department of commerce and insurance, § 4-3-101.

Department of commerce and insurance, organization, powers and duties, title 56, ch. 1.

Prevention and investigation of fires, duties, title 68, ch. 102.

4-3-1302. Commissioner.

The department of commerce and insurance shall be under the charge and general supervision of the commissioner of commerce and insurance.

Acts 1923, ch. 7, § 2; Shan. Supp. § 373a32; Code 1932, § 257; Acts 1937, ch. 33, § 2; C. Supp. 1950, § 255.2; Acts 1971, ch. 137, § 2; modified; Acts 1983, ch. 311, § 6.

Cross-References. Accounting for fees, §§ 8-22-1188-22-121.

4-3-1303. Divisions — Creation.

The department of commerce and insurance shall be organized under three (3) divisions, as follows:

  1. The division of commerce and insurance;
  2. [Deleted by 2019 amendment.]
  3. The division of fire prevention; and
  4. The division of regulatory boards.

Acts 1923, ch. 7, § 51; Shan. Supp. § 373a111; Code 1932, § 329; Acts 1937, ch. 33, § 67; mod. C. Supp. 1950, § 329 (Williams, §§ 255.70, 329); impl. am. Acts 1973, ch. 294, § 9; impl. am. Acts 1979, ch. 28, § 2; T.C.A. (orig. ed.), § 4-315; Acts 1983, ch. 311, § 7; 2019, ch. 459, § 1.

Compiler's Notes. For transfer of the division of consumer affairs from the department of agriculture to the department of commerce and insurance, see Executive Order No. 33 (February 11, 1983).

Acts 2019, ch. 459, § 55 provided that the division of consumer affairs in the department of commerce and insurance shall coordinate with the attorney general and reporter to transfer all documents, information, systems, and other material deemed relevant to the operation of the division of consumer affairs of the office of the attorney general and reporter.

Cross-References. Director of securities, § 48-1-115.

Reorganization of divisions, § 4-4-101.

Law Reviews.

Procedure in Contesting Life Insurance Policies (Aubrey F. Folts), 15 Tenn. L. Rev. 780 (1939).

4-3-1304. Administration of regulatory boards — Notification of vacancy — Termination of regulatory board — Exemption from licensure requirements.

  1. Except as provided in § 68-115-103 relative to the Tennessee athletic commission, all state regulatory boards are attached to the division of regulatory boards, which is authorized to administer all the administrative functions and duties of the regulatory boards, except those discretionary regulatory duties and powers vested by law in the board members. The regulatory boards attached to the division are as follows:
    1. Auctioneer commission;
    2. Board for licensing general contractors;
    3. Board of accountancy;
    4. Board of court reporting;
    5. Board of examiners for architects and engineers;
    6. Board of examiners for land surveyors;
    7. Board of funeral directors and embalmers;
    8. Commission on firefighting personnel standards and education;
    9. Motor vehicle commission;
    10. Personnel recruiting services board;
    11. Private investigation and polygraph commission;
    12. Real estate commission;
    13. State board of cosmetology and barber examiners; and
    14. All other boards, commissions and agencies created to regulate professions, vocations and avocations in this state, except that there shall not be included the Tennessee athletic commission, the board of healing arts, the board for licensing hospitals, the stream pollution control board, the pest control board, the board of examiners for registered professional sanitarians, the board of examiners of miners or the board of law examiners.
  2. Each regulatory board incurring a vacancy shall notify the appointing authority in writing within ninety (90) days after the vacancy occurs. All vacancies on the state regulatory boards attached to the division of regulatory boards shall be filled by the appointing authority within ninety (90) days of receiving written notice of the vacancy and sufficient information is provided for the appointing authority to make an informed decision in regard to filling such vacancy. If such sufficient information has been provided and such board has more than one (1) vacancy that is more than one hundred eighty (180) days in duration, such board shall report to the house of representatives and senate government operations committees why such vacancies have not been filled.
  3. If more than one-half (½) of the positions on any state regulatory board are vacant for more than one hundred eighty (180) consecutive days, such state regulatory board shall terminate; provided, that such board shall wind up its affairs pursuant to § 4-29-112. If a state regulatory board is terminated pursuant to this subsection (c) it shall be reviewed by the evaluation committees pursuant to the Uniform Administrative Procedures Act, compiled in chapter 5 of this title, before ceasing all its activities. Nothing in this section shall prohibit the general assembly from continuing, restructuring, or re-establishing a state regulatory board.
    1. As used in this subsection (d):
      1. “License” means a permit, approval, registration, or certificate issued by a state agency and held by an individual person. The term “license” as used in this subsection (d) excludes licenses issued to business entities, firms, physical locations, and supervisory personnel;
      2. “Member of the armed forces” means a member of the United States armed forces or a member of a reserve or Tennessee national guard unit who is in, or was called into, active service or active military service of the United States, as defined in § 58-1-102; and
      3. “State agency” means a state board, agency, commission, or any other entity attached to the division of regulatory boards, as listed in subsection (a).
    2. Notwithstanding any other exemption from licensure requirements, the following persons may engage in the practice of an occupation or profession regulated by a state agency under titles 16, 46, 55, 62, and 68 without being licensed pursuant to that title:
      1. A member of the armed forces while the person is stationed within this state if:
        1. The person holds a valid license to practice the regulated occupation or profession issued by another state or jurisdiction having reasonably similar standards for licensure;
        2. The license is current and the person is in good standing in the state or jurisdiction of licensure;
        3. The person agrees in writing to subject themselves to the jurisdiction of the state agency with respect to harms or violations of statutes and rules; and
        4. The person provides notice by registering with the state agency administering the profession in which the person is licensed in the other jurisdiction to practice; and
      2. The spouse of a member of the armed forces while the member is stationed in this state if:
        1. The spouse holds a valid license to practice the regulated occupation or profession issued by another state or jurisdiction having reasonably similar standards for licensure;
        2. The license is current and the spouse is in good standing in the state or jurisdiction of licensure;
        3. The spouse agrees in writing to subject themselves to the jurisdiction of the state agency with respect to harms or violations of statutes and rules; and
        4. The spouse provides notice by registering with the state agency administering the profession in which the person is licensed in the other jurisdiction to practice.
    3. A person who holds a valid license to practice an occupation or profession in another state or jurisdiction and practices in this state pursuant to this subsection (d) must apply for the license in this state either prior to its expiration in the other state or jurisdiction or within one (1) year of the date the person began practicing in this state, whichever occurs first.
  4. The commissioner and each regulatory board shall, upon application for certification or licensure, accept military education, training, or experience completed by a person toward the qualifications to receive a license or certification if such education, training, or experience is determined by the commissioner or board to be substantially equivalent to the standards of this state.
    1. Notwithstanding any other law to the contrary, the license, certification or permit issued by a board, commission or agency attached to the division of regulatory boards of any member of the national guard or a reserve component of the armed forces of the United States called to active duty that expires during the period of activation shall be eligible to be renewed upon the licensee being released from active duty without:
      1. Payment of late fees or other penalties;
      2. Obtaining continuing education credits when:
        1. Circumstances associated with the person's military duty prevented the obtaining of continuing education credits and a waiver request has been submitted to the appropriate regulatory board; or
        2. The person performs the licensed or certified occupation as part of such person's military duties and provides documentation to the appropriate regulatory board; or
      3. Performing any other act typically required for the renewal of the license or certification.
    2. The license, certification or permit shall be eligible for renewal pursuant to subdivision (f)(1) for six (6) months from the person's release from active duty.
    3. Any person described in subdivision (f)(1) shall provide the regulatory board which issued the license, permit or certification such supporting documentation evidencing activation as may be required by the regulatory board prior to the renewal of any license pursuant to this subsection (f).

Acts 1959, ch. 9, § 15; impl. am. Acts 1967, ch. 110, § 3; impl. am. Acts 1967, ch. 184, § 1; impl. am. Acts 1967, ch. 335, § 4; impl. am. Acts 1967, ch. 207, § 3; Acts 1971, ch. 81, § 1; 1971, ch. 137, § 3; 1976, ch. 623, § 1; 1976, ch. 706, § 4; impl. am. Acts 1978, ch. 844, § 4; Acts 1978, ch. 906, § 4; 1978, ch. 924, § 1; 1979, ch. 28, § 4; T.C.A., § 4-315; Acts 1981, ch. 489, § 2; 1984, ch. 865, § 22; 1999, ch. 252, § 8(b); 2000, ch. 835, § 1; 2007, ch. 407, § 1; 2008, ch. 1149, §§ 4, 5; 2011, ch. 230, § 2; 2013, ch. 122, §§ 2, 4, 6; 2014, ch. 964, § 1; 2015, ch. 355, § 1; 2019, ch. 195, § 1.

Compiler's Notes. Acts 2000, ch. 835, § 7, provided that this act shall not change any procedure, manner, or time that members of the Tennessee motor vehicle commission who are selected from a list of qualified persons submitted by motor vehicle manufacturers licensed in Tennessee or their consumer replacements are appointed pursuant to § 55-17-103.

Acts 2013, ch. 122, § 7 provided that each entity subject to the act shall promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Notwithstanding § 4-5-208, each entity subject to the act is authorized to promulgate emergency rules to implement the act.

Acts 2015, ch. 355,  § 3 provided that all records of the Tennessee Board of Court Reporting in the possession of the Administrative Office of the Courts on July 1, 2015, shall be transferred to and remain in the custody of the Division of Regulatory Boards in the Department of Commerce and Insurance.

Acts 2015, ch. 355, § 4 provided The Tennessee Board of Court Reporting is directed to promulgate rules to effectuate the purposes of this act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

For the Preamble the act concerning transfer of administration of the Tennessee Board of Court Reporting to the Division of Regulatory Boards in the Department of Commerce, see Acts 2015, ch. 355.

Acts 2019, ch. 195, § 3  provided that the commissioner of commerce and insurance and the commissioner of health shall promulgate rules to effectuate the purposes of this act. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2019, ch. 195, § 4  provided that the act, which amended this section, shall apply to all persons who make application for an exemption from licensure under the  act.

Cross-References. Division of regulatory boards, title 56, ch. 1, part 3.

Attorney General Opinions. Applicability to terminated board or commission, OAG 98-045, 1998 Tenn. AG LEXIS 45 (2/17/98).

T.C.A. § 62-1-105 gives the board of accountancy the sole authority to hire and terminate its executive director and any other member of its staff requiring professional qualifications, OAG 04-060, 2004 Tenn. AG LEXIS 58 (4/08/04).

NOTES TO DECISIONS

1. Residence of Attached Boards and Commissions.

Situs and official residence of Tennessee real estate commission attached to this department was Davidson County and suit against commission could only be maintained in that county. Chamberlain v. State, 215 Tenn. 565, 387 S.W.2d 816, 1965 Tenn. LEXIS 634 (1965).

The situs of the Tennessee real estate commission from which all official acts originate is Davidson County and certiorari to review the acts of the commission can only be had in the courts of that county. Tennessee Real Estate Com. v. Potts, 221 Tenn. 585, 428 S.W.2d 794, 1968 Tenn. LEXIS 488 (1968).

4-3-1305. Safeguards for retirement living facilities guaranteeing continued medical care and services — Regulations — Actions.

  1. The department of commerce and insurance has the authority to determine whether any facility that has guaranteed or guarantees to provide medical coverage for its residents has adequate safeguards in place to ensure that such medical care will be provided as guaranteed. If the department determines that adequate safeguards have not been established, the department has the authority to require that such provider place a sufficient amount of funds in escrow to ensure that such medical care will be provided. The escrow account shall be established in a manner authorized by the department.
  2. If the department requires an escrow account for a present provider, then prior to the expansion of any proposed facilities for which continuing care agreements are to be signed, the provider must establish a comparable escrow account and deposit a specified amount into such account as determined by the department as funds are contributed by residents for such facilities. This section shall apply only to retirement living facilities that offer or propose to offer continuing life care services to individuals for a fee.
    1. The commissioner may from time to time make, promulgate, amend and rescind such rules as are necessary to carry out this section.
    2. All rules provided for in this part shall be adopted, promulgated and contested as provided in the Uniform Administrative Procedures Act, compiled in chapter 5 of this title.
    1. Whenever it appears to the commissioner that any facility that has guaranteed or guarantees to provide medical coverage for its residents has not established adequate safeguards to ensure that such medical care will be provided as guaranteed, the commissioner may, in the commissioner's discretion, bring an action in the chancery court in any county in this state to enforce compliance with this part or any rule or order under this part.
    2. Upon a proper showing, a permanent or temporary injunction, restraining order, writ of mandamus, disgorgement or other proper equitable relief shall be granted, and a receiver or conservator may be appointed for the defendant or the defendant's assets.
    3. The court may not require the commissioner to post a bond.

Acts 1987, ch. 341, § 1; 1989, ch. 301, § 1.

Law Reviews.

Continuing Care Laws of Arkansas, Tennessee and North Carolina (Harry E. Groves), 20 Mem. St. U. L. Rev. 159 (1990).

4-3-1306. License, certification or registration — Notifications — Prerequisites — Website — Notifications by electronic mail.

  1. The department and any division, board, commission, committee, or other governmental entity under the jurisdiction of, or administratively attached to, the department shall notify each applicant for a professional or occupational license, certification or registration from the department, division, board, commission, agency or other governmental entity where to obtain a copy of any statutes, rules, policies, and guidelines setting forth the prerequisites for the license, certification or registration and shall, upon request, make available to the applicant a copy of the statutes, rules, policies, and guidelines.
  2. The department and any division, board, commission, committee, or other governmental entity under the jurisdiction of, or administratively attached to, the department shall notify each holder of a professional or occupational license, certification or registration from the department, division, board, commission, committee, agency or other governmental entity of changes in state law that impact the holder and are implemented or enforced by the entity, including newly promulgated or amended statutes, rules, policies, and guidelines, upon the issuance and upon each renewal of a holder's license, certification or registration.
  3. The department and any division, board, commission, committee, or other governmental entity under the jurisdiction of, or administratively attached to, the department shall establish and maintain a link or links on the entity's website to the statutes, rules, policies, and guidelines that are implemented or enforced by the entity and that impact an applicant for, or a holder of, a professional or occupational license, certification, or registration from the entity.
    1. The department and any division, board, commission, committee, agency, or other governmental entity under the jurisdiction of, or administratively attached to, the department shall allow each holder of a professional or occupational license, certification or registration from the department, division, board, commission, committee, agency or other governmental entity to have the option of being notified by electronic mail of:
      1. Renewals of the holder's license, certification or registration;
      2. Any fee increases;
      3. Any changes in state law that impact the holder and are implemented or enforced by the entity, including newly promulgated or amended statutes, rules, policies and guidelines; and
      4. Any meeting where changes in rules or fees are on the agenda. For purposes of this subdivision (d)(1)(D), the electronic notice shall be at least forty-five (45) days in advance of the meeting, unless it is an emergency meeting then the notice shall be sent as soon as is practicable.
    2. The department and any division, board, commission, committee, agency or other governmental entity under the jurisdiction of, or administratively attached to, the department shall notify each holder of a license, certification or registration of the availability of receiving electronic notices pursuant to subdivision (d)(1) upon issuance or renewal of the holder's license, certification or registration.

Acts 2008, ch. 1070, § 8; 2012, ch. 952, § 5.

Compiler's Notes. Acts 2008, ch. 1070, § 13 provided that each entity subject to the act shall promulgate rules to effectuate the purposes of the act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Part 14
Department of Labor and Workforce Development

4-3-1401. Short title.

The title of this part is, and may be cited as, the “Tennessee Workforce Development Act of 1999.”

Acts 1999, ch. 520, § 2.

Compiler's Notes. Former § 4-3-1401 (Acts 1923, ch. 7, § 1; Shan. Supp., § 373a30; Code 1932, § 255; Acts 1937, ch. 33, § 1; C. Supp. 1950, § 255), concerning creation of the department of labor, was repealed by Acts 1999, ch. 520, §§ 2, 22, effective June 17, 1999.

Law Reviews.

Selected Tennessee Legislation of 1986, 54 Tenn. L. Rev. 457 (1987).

4-3-1402. Purpose and intent.

  1. The purpose of this part is to:
    1. Further the implementation of the federal Workforce Innovation and Opportunity Act (29 U.S.C. § 3101 et seq.);
    2. Reduce duplicative efforts and fully utilize resources by creating an integrated, coordinated, simplified system of workforce development in the state through the consolidation or collaboration of job training, employment, employment-related educational programs, health and safety and unemployment insurance programs in the state; and
    3. Foster public and private sector partnerships designed to provide employment-related services to citizens and employers of the state. It is not the intent of this part to expand or authorize contracting services beyond that authorized under the laws of this state.
  2. References to federal Workforce Investment Act of 1998 are deemed references to the federal Workforce Innovation and Opportunity Act.
  3. References to the workforce development program are deemed references to the federal Workforce Innovation and Opportunity Act.

Acts 1999, ch. 520, § 3; 2015, ch. 57, § 1; 2016, ch. 599, §§ 2, 3.

Compiler's Notes. Former § 4-3-1402 (Acts 1923, ch. 7, § 2; Shan. Supp., § 373a32; Code 1932, § 257; Acts 1937, ch. 33, § 2; C. Supp. 1950, § 255.2; modified), concerning the commissioner of the department of labor, was repealed by Acts 1999, ch. 520, §§ 3, 22, effective June 17, 1999.

4-3-1403. Creation of department.

There is hereby created the department of labor and workforce development.

Acts 1999, ch. 520, § 4.

Compiler's Notes. The department of labor and workforce development, created by this section and § 4-3-101, terminates June 30, 2024. See §§ 4-29-112, 4-29-245.

Former § 4-3-1403, concerning the powers and duties of the department, was transferred to § 4-3-1405(h) in 1999.

Cross-References. Creation of the department of labor and workforce development, § 4-3-101.

4-3-1404. Purpose and goals of the department.

  1. Through the department of labor and workforce development, Tennessee state government, in cooperation with business and industry, will strive to provide integrated, effective, efficient delivery of employment related services and training, in compliance with the federal Workforce Innovation and Opportunity Act (29 U.S.C. § 3101 et seq.), so the state can increase the occupational skill attainment of its workforce and, as a result, improve the quality of the workforce, further the reduction of welfare dependency and enhance the state's productivity and competitiveness in the global economy. The department shall strive to meet the needs of business and industry in this state for the development of a highly skilled and productive workforce.
  2. The department shall strive to meet the needs of employees, unemployed persons, and persons making the transition into the workplace through education, skills training, labor market information, and an efficient unemployment insurance program to enhance their employability, earnings and standard of living while ensuring that employees have a safe, healthy workplace. These services for employees shall focus, whenever possible, on assisting employees to obtain jobs of their choice that provide health insurance, job security and the opportunity for self-sufficiency. The department shall serve as a model employer relative to safety and working conditions in the workplace and in the training and retraining of employees to meet the changes in the work environment. The departments of labor and workforce development and economic and community development shall collaborate relative to job creation, attraction and expansion of business and industry. The department of labor and workforce development shall work to continuously improve the management and coordination of employment-related services for the benefit of business and industry and Tennessee's workforce and shall ensure the taxpayers of this state that revenues for workforce development and unemployment insurance programs are spent effectively and efficiently.

Acts 1999, ch. 520, § 5; 2015, ch. 57, § 2; 2016, ch. 599, § 4.

Compiler's Notes. Former § 4-3-1404, concerning notice regarding health insurance, was transferred to § 4-3-1414 in 1999.

4-3-1405. Powers of the department.

  1. The department of labor and workforce development is designated as the department of this state for the implementation and administration of the following federal programs relating to workforce development, including, but not limited to, the:
    1. Federal Workforce Innovation and Opportunity Act (29 U.S.C. § 3101 et seq.);
    2. Wagner-Peyser Act (29 U.S.C. § 49 et seq.); and
    3. The former Job Training Partnership Act (29 U.S.C. § 1501 et seq.) [repealed].
  2. The department shall cooperate with all authorities of the United States having powers or duties under the acts of congress mentioned in subsection (a), and shall do and perform all things necessary to secure to this state the benefits of such acts.
  3. Except for the supervisory responsibilities of the department of commerce and insurance, the department of labor and workforce development has full and complete charge of the administration of the Employment Security Law, compiled in title 50, chapter 7, and the state employment service for this state and has the administration of such other functions exercised by the department of employment security or the department of labor, or both, prior to June 17, 1999.
  4. The department of labor and workforce development has full and complete charge of the following:
    1. Adult basic education authorized by the Tennessee Rules, Regulations and Minimum Standards of the state board of education and administered by the department of education prior to June 17, 1999; and
    2. [Deleted by 2017 amendment.]
  5. The department of labor and workforce development shall coordinate the collaborative and cooperative activities and functions of other departments and state agencies and commissions, including, but not limited to, the department of education, the department of human services, the department of economic and community development, and the Tennessee higher education system, including colleges of applied technology and two-year post secondary institutions, to reduce duplication among employment and employment-related training activities in the state, and to maximize Tennessee's efforts to increase the skills of its workforce, foster economic growth through job placement and training services and provide high quality services to its customers including employees, families, business and industry, and particularly those individuals who are economically disadvantaged, dislocated workers, and others with substantial barriers to employment. The department of human services has the responsibility for contracting for the activities required of Families First participants pursuant to § 71-3-104.
  6. The department of labor and workforce development may do all acts and functions necessary or proper to carry out the powers expressly granted under this part, including, but not limited to, entering into agreements or contracts with local governmental units or corporations to provide services that assist the department in carrying out the duties imposed by this part or elsewhere in this code. It is not the intent of this part to create new state authority or to expand any existing authority to contract for services with private entities.
  7. The department of labor and workforce development has authority over such other functions generally, as the governor may lodge with the department by executive order duly signed and filed with the secretary of state.
  8. The department of labor and workforce development has the power to:
    1. Collect information on the subject of labor, its relation to capital, the hours of labor, and the earnings of laboring men and women, and the means of promoting their material, social, intellectual and moral prosperity;
    2. Visit and inspect, as often as necessary, during reasonable hours all shops, factories and mercantile establishments and other places where workers are employed and to cause the law to be enforced therein;
    3. Inspect the sanitary conditions, system of sewerage, system of heating, lighting and ventilation of rooms where persons are employed at labor and the means of exit in case of fire, or other disaster within or connected with shops and factories;
    4. Examine the machinery in and about workshops and factories, to see that it is not located so as to be dangerous to employees when engaged in their ordinary duties;
    5. Declare and prescribe what safety devices, safeguards or other means of protection are well adapted to render employees or places of employment safe;
    6. Order such reasonable changes in the construction, maintenance and repair of places of employment as shall render them safe;
    7. Require the performance of any act necessary for the protection of life, health and safety of employees;
    8. Collect and compile reliable data that, if disseminated, would tend to the development of the state by inducing population and capital to come within its borders; and
    9. Collect and compile accurate listings of employers who do not comply with § 50-6-405.
  9. Activities associated with Title V of the federal Older Americans Act of 1965 (42 U.S.C. § 3001 et seq.) shall be administered by the department. Funding to community providers pursuant to a grant or contract with the commission on aging and disability in effect on June 30, 2003, shall continue so long as federal funding continues and each provider continues to meet program goals and requirements and complies with any applicable audit and financial accountability laws.
    1. To the extent permitted by any federal law or rule, regulation, guideline, or advisory opinion of the internal revenue service, the department shall accept and process any IRS Form 8850, or any successor to such form, that is submitted with electronic signatures in the same manner as the department accepts such forms when submitted with physical signatures if such form is submitted to the department by mail, facsimile, or e-mail copy.
    2. For purposes of this subsection (j), “electronic signatures” includes a physical printout of an electronically signed IRS Form 8850 indicating that the signature field is “signed electronically”.

Acts 1923, ch. 7, § 55; Shan. Supp., § 373a118; mod. Code 1932, § 335; Acts 1935, ch. 165, §§ 1, 2; mod. C. Supp. 1950, § 335 (Williams, §§ 335, 5347.1, 5347.2); T.C.A. (orig. ed.), § 4-316; modified; Acts 1986, ch. 844, §§ 4, 7; 1999, ch. 520, §§ 6, 23; T.C.A., § 4-3-1403; Acts 2003, ch. 311, § 2; 2012, ch. 923, § 1; 2013, ch. 473, § 8; 2015, ch. 57, § 3; 2015, ch. 341, § 1; 2016, ch. 599, § 5; 2017, ch. 461, § 3.

Compiler's Notes. The former Job Training Partnership Act, referred to in this section, formerly compiled in 29 U.S.C. § 1501 et seq., was repealed by Act Aug. 7, 1998, P.L. 105-220, title I, subtitle F, § 199(b)(2), 112 Stat. 1059, effective on July 1, 2000.

Cross-References. Employers and employees, title 50.

4-3-1406. Commissioner.

The department of labor and workforce development shall be under the charge and general supervision of the commissioner of labor and workforce development.

Acts 1999, ch. 520, § 7.

4-3-1407. Powers and duties of commissioner.

The commissioner of labor and workforce development or the commissioner's designee has the following powers and duties, in addition to such other powers and duties as may be specifically provided by law in this title, transferred by this part or as otherwise provided by law:

  1. Develop and implement activities and programs that foster the continued enhancement of Tennessee's workforce;
  2. Ensure the maintenance of a fair, equitable and fully funded unemployment insurance program; and
  3. Be responsible for the administration of a workforce development system that protects the life, health and safety of Tennessee's workforce.

Acts 1999, ch. 520, § 8.

4-3-1408. Divisions — Creation — Office of administrator.

  1. In addition to the creation of the division of the Tennessee state employment service within the department of labor and workforce development as provided in § 50-7-601, there are created within the department, the following divisions:
    1. The division of employment security;
    2. The bureau of workers' compensation; and
    3. The division of occupational safety and health.
  2. The division of employment security and the division of occupational health and safety shall be under the supervision and charge of the commissioner of labor and workforce development, and shall be separate administrative entities for programs, personnel, and budgets. The bureau of workers' compensation shall also be a separate administrative entity for programs, personnel, and budgets; the supervision and charge of the division shall be in accordance with § 4-3-1409.
      1. The office of administrator is hereby created for each division created pursuant to subdivisions (a)(1)-(3). The administrator shall have the general administrative authority of the division.
      2. Except as otherwise provided in this chapter, the administrator of the division of employment security is responsible, to the greatest extent possible, for administering, implementing, and enforcing title 50, chapter 7, and any rules or regulations promulgated in accordance with such chapter that are within the purview of employment security, but not including WOTC alien certification, veterans' programs and the Tennessee state employment service. The administrator shall have a minimum of five (5) years' credible experience in the field of employment security and shall have a comprehensive knowledge of and experience in the operation and programs of the division. The administrator shall be recognized by the representatives of the business and labor communities as a person of good standing and reputation in matters concerning employment security.
      3. The administrator of the bureau of workers' compensation is responsible for administering, implementing, and enforcing all of the provisions enacted into law and compiled in title 50, chapter 6, and any rules or regulations promulgated in accordance with such chapter.
      4. The administrator of the division of occupational safety and health shall be responsible for administering, implementing, and enforcing all of the provisions enacted into law and compiled in title 50, chapter 3, and any rules or regulations promulgated in accordance with such chapter. The administrator shall have a minimum of five (5) years' credible experience in the field of occupational safety and health and shall have a comprehensive knowledge of and experience in the operation and programs of the division. The administrator shall be recognized by the representatives of the business and labor communities as a person of good standing and reputation in matters concerning occupational safety and health.
    1. In addition to other duties, each administrator is responsible for preparing and submitting to the commissioner of labor and workforce development an annual budget for the division the administrator heads.
    2. The administrators of the division of employment security and the division of occupational safety and health shall be appointed by the commissioner of labor and workforce development for a term of four (4) years. The first appointment shall be made July 1, 1999, or as soon as practical thereafter. The four-year terms shall begin on July 1 and end on June 30 of appropriate years. The commissioner of labor and workforce development has the authority to remove an administrator only for nonperformance of duties and responsibilities. If removed, a vacancy shall exist in the office of the administrator. A vacancy in the office shall be filled for the unexpired term with a person meeting the requirements applicable to the original appointee.
    3. The administrator of the bureau of workers' compensation shall be appointed in the manner provided in § 4-3-1409.
  3. The transfer of the functions and activities of the various departments and programs to the department of labor and workforce development shall not, because of the transfer, result in any preferred service employee suffering loss of employment, compensation, benefits, or state service status. Such rights, benefits, and compensation shall continue without any impairment, interruption, or diminution; provided, that the department may engage in disciplinary actions or reductions in force as provided for by law. The commissioner of human resources is authorized to enforce this section and shall determine whenever the rights, benefits, and compensation are impaired, interrupted, or diminished. Any employee aggrieved by any impairment in violation of this section shall have the right to seek redress through the grievance procedure established in § 8-30-318.

Acts 1999, ch. 520, § 9; 2012, ch. 800, § 49; 2013, ch. 289, § 1; 2015, ch. 341, § 16.

Compiler's Notes.   The bureau of workers' compensation, created by this section, terminates June 30, 2024. See §§ 4-29-112, 4-29-245.

Acts 2012, ch. 800, § 1 provided that the act, which amended subsection (c), shall be known and cited as the “Tennessee Excellence, Accountability, and Management (T.E.A.M.) Act of 2012.”

Acts 2013, ch. 289, § 103 provided that the act, which amended this section, shall be known and may be cited as the “Workers' Compensation Reform Act of 2013.”

Attorney General Opinions. The administrator of the division of employment security has control of the funds, budget, and personnel provided for the employment security programs, OAG 01-093, 2001 Tenn. AG LEXIS 84 (6/4/01).

4-3-1409. Independence of the bureau of workers' compensation — Bureau under the charge and general supervision of the administrator of the bureau — Powers and duties of administrator —Appointment of administrator.

  1. In recognition of Tennessee's endeavor to reform the workers' compensation law in a manner designed to ensure the health and safety of Tennessee workers and to promote Tennessee as an attractive destination for business, the general assembly has determined that the independence of the bureau of workers' compensation is paramount. The bureau of workers' compensation shall be an autonomous unit that shall be attached to the department of labor and workforce development for administrative matters only.
    1. The bureau of workers' compensation shall be under the charge and general supervision of the administrator.
    2. The administrator or the administrator's designee has the following powers and duties, in addition to other powers and duties specifically provided by law:
      1. Development and maintenance of an organizational structure to ensure fair, equitable, expeditious, and efficient administration of the workers' compensation law; and
      2. Responsibility for the administration of a workers' compensation system that protects the life, health, and safety of Tennessee's workforce and ensures the continued viability of Tennessee's business environment.
    1. The administrator of the bureau of workers' compensation shall be appointed by the governor for a term of six (6) years. No administrator shall serve more than two (2) full terms, and service of more than half of a six-year term shall constitute service of one (1) full term; provided, that any administrator appointed to serve less than a full term to fill a vacancy created by the removal or resignation of the previous administrator shall be eligible to serve an additional two (2) full terms. The first appointment shall be made July 1, 2013, or as soon as practical thereafter. The first six-year term shall begin on July 1, 2013, and end on June 30, 2019. Thereafter, all terms shall begin on July 1 and end, six (6) years later, on June 30 of the following years. The governor has the authority to remove the administrator for nonperformance of duties and responsibilities or for cause. If the administrator is removed or resigns, a vacancy shall exist in the office, which shall be filled for the unexpired term by a person meeting the requirements of subdivision (c)(2).
    2. The administrator shall have a minimum of seven (7) years' credible experience in the field of workers' compensation and shall have a comprehensive knowledge of and experience in the operation and programs of the workers' compensation industry. The administrator shall be recognized by the representatives of the business and labor communities as a person of good standing and reputation in matters concerning workers' compensation.

Acts 2013, ch. 289, § 2; 2015, ch. 341, § 16.

Code Commission Notes.

Former § 4-3-1409 (Acts 1999, ch. 520, § 10), concerning transfer of programs and personnel, offices, equipment, supplies, property, facilities, funds and other resources, was deleted as obsolete by the code commission in 2005.

Compiler's Notes. Acts 2013, ch. 289, § 103 provided that the act, which enacted this section, shall be known and may be cited as the “Workers' Compensation Reform Act of 2013.”

4-3-1410. Funds.

  1. The department of labor and workforce development, through its commissioner, has the authority to receive, administer, allocate, disburse and supervise any grants and funds from whatever sources, including, but not limited to, the federal, state, county and municipal governments on a state, regional, county or other basis, with respect to any programs and/or responsibilities outlined in this part or assigned to the department by law, regulation or order. Exercise of this authority shall not be inconsistent with laws or regulations governing the appropriation and disbursement of funds for the administration of employment security law under title 50, chapter 7, or the department of finance and administration.
  2. All funds received by the department of labor and workforce development for the purpose or administration of the state unemployment insurance program, the state employment service, workers' compensation and the Occupational Safety and Health Act of 1972, compiled in title 50, chapter 3, shall have their separate identities maintained and shall be expended only for the intended purpose.

Acts 1999, ch. 520, § 11.

4-3-1411. Orders, rules and regulations, decisions and policies.

The department of labor and workforce development, through its commissioner, has the authority, consistent with the statutes and regulations pertaining to the programs and functions transferred by chapter 520 of the Public Acts of 1999, to modify or rescind orders, rules and regulations, decisions or policies heretofore issued and to adopt, issue or promulgate new orders, rules and regulations, decisions or policies as may be necessary for the administration of the programs or functions transferred by chapter 520 of the Public Acts of 1999.

Acts 1999, ch. 520, § 12.

4-3-1412. Nondiscrimination.

In compliance with all federal and state laws and constitutional provisions prohibiting discrimination, including, but not limited to, the Civil Rights Act of 1964, Title VI (42 U.S.C. § 2000d), no person, on the grounds of race, color, national origin, age or sex shall be excluded from participation, be denied the benefits of, or be otherwise subjected to discrimination under, any program or activity operated by the department of labor and workforce development. This includes, but is not limited to, contracts for services, employment or services to the department's customers.

Acts 1999, ch. 520, § 13.

Compiler's Notes. For an Order establishing the Tennessee Title VI Compliance Commission, see Executive Order No. 34 (August 9, 2002).

Law Reviews.

Government Contractors Beware: Recent Changes to Federal Affirmative Action Requirements (James Francis Barna), 37 No. 9 Tenn. B.J. 14 (2001).

4-3-1413. [Reserved.]

The commissioner of labor and workforce development, in performing the duties established in title 5, shall also require every business or entity that sponsors a group medical benefit contract in this state to include in each notice issued pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1985 (29 U.S.C. § 1166 or 42 U.S.C. § 300bb-6), and related laws and regulations, the following additional language:

You may be entitled to have the state of Tennessee pay the premium for your ongoing health insurance. For more information, contact your local department of human services.

Acts 1991, ch. 420, § 2; T.C.A., § 4-3-1404; Acts 1999, ch. 520, § 24.

4-3-1415. Maintenance and expenditure of funds.

All funds to the credit of the unemployment compensation division of the United States department of labor and to the credit of the state employment service, transferred to the credit of the department of labor and workforce development, shall have their separate identities maintained, and only funds allocated to each of those divisions may be expended by such unit.

Acts 1945, ch. 34, § 3; C. Supp. 1950, § 255.70 (Williams, § 255.71a); T.C.A. (orig. ed.), § 4-318; T.C.A., § 4-3-904; Acts 1999, ch. 520, § 20.

4-3-1416. Distribution of sexual harassment rules.

The department of labor and workforce development shall, in consultation with the human rights commission, promulgate rules that provide for the distribution, in one (1) of the department's regular mailings to the employers, of the state materials explaining the sexual harassment rules of the state human rights commission. These materials, which the employer shall make available to its employees, may be in the form of a poster, brochure, or pamphlet.

Acts 1993, ch. 307, § 5; T.C.A., § 4-3-905; Acts 1999, ch. 520, § 21.

Cross-References. Posting of sexual harassment policy by state entities, § 4-3-124.

Prevention of sexual harassment, §§ 3-13-101, 4-3-124, 4-3-1703, 49-7-122.

Law Reviews.

What Part of “No” Don't You Understand?: Recent Developments in Workplace Sexual Harassment Law (William D. Evans Jr.), 36 No. 5 Tenn. B.J. 14 (2000).

4-3-1417. Discrimination prohibited.

In making appointments to any board, commission or panel that is administratively attached to the department, the appointing authority shall not discriminate against any person on the basis of race, color, ethnicity, national origin, age, religious belief, sex, or disability. The appointing authority shall strive to ensure that the makeup of all boards, commissions and panels attached to the department reflect and represent the diversity of persons in Tennessee.

Acts 2005, ch. 407, § 5; 2015, ch. 57, § 4.

4-3-1418. [Reserved.]

  1. The department and any division, board, commission, committee, or other governmental entity under the jurisdiction of, or administratively attached to, the department shall notify each applicant for a professional or occupational license, certification or registration from the department, division, board, commission, agency or other governmental entity where to obtain a copy of any statutes, rules, policies, and guidelines setting forth the prerequisites for the license, certification or registration and shall, upon request, make available to the applicant a copy of the statutes, rules, policies, and guidelines.
  2. The department and any division, board, commission, committee, or other governmental entity under the jurisdiction of, or administratively attached to, the department shall notify each holder of a professional or occupational license, certification or registration from the department, division, board, commission, committee, agency or other governmental entity of changes in state law that impact the holder and are implemented or enforced by the entity, including newly promulgated or amended statutes, rules, policies, and guidelines, upon the issuance and upon each renewal of a holder's license, certification or registration.
  3. The department and any division, board, commission, committee, or other governmental entity under the jurisdiction of, or administratively attached to, the department shall establish and maintain a link or links on the entity's website to the statutes, rules, policies, and guidelines that are implemented or enforced by the entity and that impact an applicant for, or a holder of, a professional or occupational license, certification, or registration from the entity.
    1. The department and any division, board, commission, committee, agency, or other governmental entity under the jurisdiction of, or administratively attached to, the department shall allow each holder of a professional or occupational license, certification or registration from the department, division, board, commission, committee, agency or other governmental entity to have the option of being notified by electronic mail of:
      1. Renewals of the holder's license, certification or registration;
      2. Any fee increases;
      3. Any changes in state law that impact the holder and are implemented or enforced by the entity, including newly promulgated or amended statutes, rules, policies and guidelines; and
      4. Any meeting where changes in rules or fees are on the agenda. For purposes of this subdivision (d)(1)(D), the electronic notice shall be at least forty-five (45) days in advance of the meeting, unless it is an emergency meeting then the notice shall be sent as soon as is practicable.
    2. The department and any division, board, commission, committee, agency or other governmental entity under the jurisdiction of, or administratively attached to, the department shall notify each holder of a license, certification or registration of the availability of receiving electronic notices pursuant to subdivision (d)(1) upon issuance or renewal of the holder's license, certification or registration.

Acts 2008, ch. 1070, § 9; 2012, ch. 952, § 6.

Compiler's Notes. Acts 2008, ch. 1070, § 13 provided that each entity subject to the act shall promulgate rules to effectuate the purposes of the act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

4-3-1420. We Want to Learn English Initiative.

  1. The department of labor and workforce development, in conjunction with the department of education, shall establish and administer a grant program to be known as the “We Want to Learn English Initiative.” The initiative shall be created for the purpose of providing resources for immigrants and refugees in this state to learn English in order to move toward becoming full members of American society.
  2. The department shall utilize existing staff to assist in the implementation of the program and provide grant funding from whatever funding sources available, including, but not limited to, funds from the federal, state, county and municipal governments.
  3. The department of labor and workforce development shall allocate and disperse funds each fiscal year to community-based, not-for-profit organizations, immigrant social service organizations, faith-based organizations and on-site job training programs so that immigrants and refugees can learn English where they live, work, pray and socialize and where their children attend school.
  4. Funds for the We Want to Learn English Initiative may be used only to provide programs that teach English to United States citizens, lawful permanent residents and other persons residing in this state who are in lawful immigration status.

Acts 2009, ch. 366, § 1.

4-3-1421. Program for payment of the cost of licensing tests for adult students with financial need.

The department of labor and workforce development, in conjunction with the department of education, is encouraged to consider the development, implementation and administration of a program for payment of the cost of licensing tests for adult students with financial need who complete a high school diploma or a general educational development (GED(R)) credential in a career and technical education program and who are required to take a test in order to become licensed for a career in their fields of study.

Acts 2010, ch. 1057, § 1.

4-3-1422. Lois M. DeBerry Alternative Diploma Act — Assessments that lead to high school equivalency credential.

  1. This section shall be known and may be cited as the “Lois M. DeBerry Alternative Diploma Act.”
  2. The department of labor and workforce development is authorized to make recommendations relative to assessments that lead to the award of a high school equivalency credential. The state board shall review the recommendations of the department. Any recommendation approved by the state board of education shall be considered a high school equivalency assessment and the successful completion of such assessment shall lead to the award of a high school equivalency credential. The department, as needed, may consult with or request assistance from other state agencies in performing its duties under this section.

Acts 2012, ch. 787, § 2; 2013, ch. 448, § 1.

Part 15
Legal Department

4-3-1501. Creation.

There is hereby created the legal department.

Acts 1929, ch. 22, § 1; Code 1932, § 9950; modified.

Cross-References. Creation of administrative departments and divisions, § 4-3-101.

4-3-1502. Attorney general and reporter.

The legal department shall be under the charge and general supervision of the attorney general and reporter.

Acts 1929, ch. 22, § 1; Code 1932, § 9950; modified.

Cross-References. Attorney general and reporter as constitutional officer, appointment, Tenn. Const., art. VI, § 5.

4-3-1503. Powers and duties.

The attorney general and reporter and the attorney general and reporter's assistants shall constitute the legal department, which has the powers and duties specified in title 8, chapter 6.

Acts 1929, ch. 22, § 1; Code 1932, § 9950; modified.

Part 16
Department of Mental Health and Substance Abuse Services

4-3-1601. Creation — General functions.

  1. There is created the department of mental health and substance abuse services.
  2. The general functions of the department are to coordinate, set standards for, plan for, monitor, and promote the development and provision of services and supports to meet the needs of persons with mental illness or serious emotional disturbance through the public and private sectors in this state as set out in applicable provisions of title 33.

Acts 2010, ch. 1100, § 9; 2012, ch. 575, § 1.

Compiler's Notes. The department of mental health and substance abuse services, created by this section and § 4-3-101, terminates June 30, 2021. See §§ 4-29-112, 4-29-242.

Former part 16, §§ 4-3-16014-3-1603 (Acts 1953, ch. 27, §§ 1, 2 (Williams, §§ 255.68e, 266.68f); impl. am. Acts 1963, ch. 52, § 5; impl. am. Acts 1965, ch. 82, §§ 8, 16; Acts 1971, ch. 411, § 1; 1974, ch. 802, § 1; 1975, ch. 248, § 1; modified; 1978, ch. 617, § 1; T.C.A. (orig. ed.), §§ 4-321, 4-322; Acts 1993, ch. 234, § 10; 2000, ch. 947, §§ 2-6), concerning the department of mental health and developmental disabilities, was repealed and replaced by Acts 2010, ch. 1100, §§ 9 and 10, effective January 15, 2011.

Acts 2010, ch. 1100, § 153 provided that the commissioner of mental health and developmental disabilities, the commissioner of mental health, the commissioner of intellectual and developmental disabilities, and the commissioner of finance and administration are authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Cross-References. Transfer to the department of intellectual and developmental disabilities, § 4-3-2705.

4-3-1602. Commissioner.

  1. The department of mental health and substance abuse services shall be in the charge of a commissioner, who shall be appointed by the governor in the same manner as are other commissioners and who shall have the same official status as other commissioners.
  2. The commissioner shall hold office at the pleasure of the governor, and the commissioner's compensation shall be fixed by the governor and paid from the appropriation available to such department.
  3. The commissioner shall be appointed without regard to residence on the basis of merit as measured by administrative abilities and a demonstrated quality of leadership, and must have a recognized graduate degree as a psychiatrist, doctor of medicine, behavioral scientist, social scientist, educator or other profession involved with human development, human welfare or human relations, with experience in public administration; and shall further have a professional background in the area of mental illness or serious emotional disturbance, and an understanding of the conditions of mental health, human development, human welfare and social services.
  4. No person shall be eligible to appointment as commissioner unless such person is at least thirty (30) years of age and has five (5) years of administrative experience, including at least three (3) years of full-time management experience in private enterprise, private practice or public service.

Acts 2010, ch. 1100, § 9; 2012, ch. 575, § 1.

Compiler's Notes. Former part 16, §§ 4-3-16014-3-1603 (Acts 1953, ch. 27, §§ 1, 2 (Williams, §§ 255.68e, 266.68f); impl. am. Acts 1963, ch. 52, § 5; impl. am. Acts 1965, ch. 82, §§ 8, 16; Acts 1971, ch. 411, § 1; 1974, ch. 802, § 1; 1975, ch. 248, § 1; modified; 1978, ch. 617, § 1; T.C.A. (orig. ed.), §§ 4-321, 4-322; Acts 1993, ch. 234, § 10; 2000, ch. 947, §§ 2-6), concerning the department of mental health and developmental disabilities, was repealed and replaced by Acts 2010, ch. 1100, §§ 9 and 10, effective January 15, 2011.

Acts 2010, ch. 1100, § 153 provided that the commissioner of mental health and developmental disabilities, the commissioner of mental health, the commissioner of intellectual and developmental disabilities, and the commissioner of finance and administration are authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

4-3-1603. Powers and duties.

  1. The department of mental health and substance abuse services has jurisdiction and control over the mental health facilities of the state, regardless of the names by which the facilities are known.
  2. The department, through its appropriate officials, has the duty and power to provide the best possible care for persons with mental illness or serious emotional disturbance in the state by improving existing facilities, by developing future facilities and programs, and by adopting a preventive program for mental illness and serious emotional disturbance, all as provided in applicable provisions of title 33.
  3. The department of mental health and substance abuse services shall administer title 33, chapter 2, part 4.

Acts 2010, ch. 1100, § 9; 2012, ch. 575, § 1.

Compiler's Notes. Former part 16, §§ 4-3-16014-3-1603 (Acts 1953, ch. 27, §§ 1, 2 (Williams, §§ 255.68e, 266.68f); impl. am. Acts 1963, ch. 52, § 5; impl. am. Acts 1965, ch. 82, §§ 8, 16; Acts 1971, ch. 411, § 1; 1974, ch. 802, § 1; 1975, ch. 248, § 1; modified; 1978, ch. 617, § 1; T.C.A. (orig. ed.), §§ 4-321, 4-322; Acts 1993, ch. 234, § 10; 2000, ch. 947, §§ 2-6), concerning the department of mental health and developmental disabilities, was repealed and replaced by Acts 2010, ch. 1100, §§ 9 and 10, effective January 15, 2011.

Acts 2010, ch. 1100, § 153 provided that the commissioner of mental health and developmental disabilities, the commissioner of mental health, the commissioner of intellectual and developmental disabilities, and the commissioner of finance and administration are authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Part 17
Department of Human Resources

4-3-1701. Creation.

There is hereby created the department of human resources.

Acts 1937, ch. 33, §§ 1, 15; 1939, ch. 11, § 10; C. Supp. 1950, § 255.15; Acts 1959, ch. 9, § 2; 1961, ch. 97, § 1; modified; Acts 2007, ch. 60, § 3.

Compiler's Notes. The department of human resources, created by this section and § 4-3-101, terminates June 30, 2023. See §§ 4-29-112, 4-29-244.

Acts 2007, ch. 60, § 3, provided that the references to the department of personnel are changed to the department of human resources effective April 24, 2007.

Acts 2016, ch. 774, § 3, provided that the department of human resources shall appear before the government operations joint evaluation committee on judiciary and government no later than December 31, 2016, to update the committee on the department's progress in addressing the findings set forth in the December 2015 performance audit report.

Cross-References. Creation of the department of human resources, § 4-3-101.

4-3-1702. Commissioner.

The department of human resources shall be under the charge and general supervision of the commissioner of human resources.

Acts 1937, ch. 33, §§ 1, 15; 1939, ch. 11, § 10; C. Supp. 1950, § 255.15; Acts 1959, ch. 9, § 2; 1961, ch. 97, § 2; modified; Acts 2007, ch. 60, § 3.

Compiler's Notes. Acts 2007, ch. 60, § 3, provided that the references to the department of personnel are changed to the department of human resources effective April 24, 2007.

4-3-1703. Powers and duties.

  1. The department of human resources has the power and is required to:
    1. Transfer, temporarily, employees from one (1) department to another when necessary to expedite the work of any department;
    2. Exercise the duties vested by title 8, chapter 30;
    3. Establish and maintain a program of training for administrative judges and hearing officers, as defined by § 4-5-102; and
    4. Assist each department and entity of state government in the planning and conduct of training workshops to prevent sexual harassment from occurring. The department is also directed to design an orientation session with appropriate materials, which shall be made available to the departments for distribution to each new employee.
  2. In addition to duties expressly imposed by law upon the department, the department shall:
    1. Foster the interest of institutions of learning and of industrial, civic, professional and employee organizations in the improvement of personnel standards in state service;
    2. Make a study of the state service system in those departments of the state government covered by such system and make periodic reports to the governor on recommendations for improvement of the system; and
    3. Make annual reports, and such special reports as it may deem necessary, to the governor and commissioner regarding personnel administration.

Acts 1923, ch. 7, § 12(13); Shan. Supp., § 373a44; Code 1932, § 269(9); Acts 1937, ch. 33, §§ 15, 30, 49; 1939, ch. 11, § 32; mod. C. Supp. 1950, §§ 255.15, 255.49 (Williams, §§ 255.15, 255.52); modified; Acts 1959, ch. 9, § 4; 1961, ch. 97, § 4; T.C.A. (orig. ed.), § 4-329; Acts 1985, ch. 432, § 4; 1986, ch. 738, § 4; 1993, ch. 307, § 1; Acts 2007, ch. 60, § 3; 2012, ch. 800, § 49.

Compiler's Notes. For an Order establishing the Tennessee Title VI Compliance Commission, see Executive Order No. 34 (August 9, 2002).

Acts 2007, ch. 60, § 3, provided that the references to the department of personnel are changed to the department of human resources effective April 24, 2007.

Acts 2012, ch. 800, § 1 provided that the act, which amended subdivision (b)(2), shall be known and cited as the “Tennessee Excellence, Accountability, and Management (T.E.A.M.) Act of 2012.”

Cross-References. Hospital regulation, determination of salary of necessary personnel of department of health, § 68-11-215.

Interdepartmental cooperation, §§ 4-4-1094-4-112.

List of eligible appointees furnished to state departments, § 4-4-106.

Office of legislative administration, prevention of sexual harassment, § 3-13-101.

State university and community college system, prevention of sexual harassment, § 49-7-122.

Supreme court, sexual harassment prevention policy for inferior courts, § 16-3-502.

West Tennessee River Basin Authority, § 64-1-1101.

Law Reviews.

What Part of “No” Don't You Understand?: Recent Developments in Workplace Sexual Harassment Law (William D. Evans Jr.), 36 No. 5 Tenn. B.J. 14 (2000).

Part 18
Department of Health

4-3-1801. Creation.

There is hereby created the department of health.

Acts 1923, ch. 7, § 1; Shan. Supp., § 373a30; Code 1932, § 255; Acts 1937, ch. 33, § 1; C. Supp. 1950, § 255.1; modified; Acts 1983, ch. 472, § 5.

Compiler's Notes. The department of health, created by this section and § 4-3-101, terminates June 30, 2023. See §§ 4-29-112, 4-29-244.

For the transfer of TennCare from the department of finance and administration to the department of health, see Executive Orders Nos. 1 (January 26, 1995) and 11 (January 7, 1997).

For transfer of the TennCare program and its related functions and administrative support from the department of health to the department of finance and administration, see Executive Order No. 23 (October 19, 1999).

Acts 2015, ch. 18, § 3 provided that the Department of Health shall appear before the Government Operations Joint Evaluation Committee on Education, Health and General Welfare no later than December 31, 2015, to update the Committee on the Department’s progress in addressing the findings set forth in the November 2014 performance audit report.

Cross-References. Creation of the department of health, § 4-3-101.

Department representatives as ex officio members of child sexual abuse task force, § 37-1-603.

Organization, powers and duties of department, title 68, ch. 1.

4-3-1802. Commissioner.

The department of health shall be under the charge and general supervision of the commissioner of health.

Acts 1923, ch. 7, § 2; Shan. Supp., § 373a32; Code 1932, § 257; Acts 1937, ch. 33, § 2; C. Supp. 1950, § 255.2; modified; Acts 1983, ch. 472, § 6.

4-3-1803. Powers and duties.

The department of health has the power to:

  1. Have general supervision of the interest relating to the health and lives of the people of the state;
  2. Act in an advisory capacity relative to the public water supply, water purification works, sewerage systems, sewerage treatment works, and exercise supervision over nuisances growing out of the operation of such water and sewerage works, and make, promulgate and enforce rules and regulations relating to such nuisances;
  3. Make such sanitary investigations as may from time to time be deemed necessary for the preservation and improvement of public health;
  4. Make investigations and inquiries with respect to the causes of disease, especially epidemics, investigate the causes of mortality, and the effect of localities and other conditions on the public health, and make such other sanitary investigations as may be deemed necessary for the preservation and improvement of the public health;
  5. Keep informed of the work of the local health officers and agencies throughout the state;
  6. Promote the information of the general public in all matters pertaining to public health;
  7. Make sanitary, sewerage, health and other inspections and examinations for the charitable and penal institutions and the normal schools;
  8. Inspect from time to time all hospitals and sanitaria and other institutions conducted by county, city or town authorities and report as to the sanitary conditions and interests of such hospitals, sanitaria and institutions to the official authority having jurisdiction over them;
  9. Print, publish and distribute documents, reports, bulletins, certificates and other matter relating to the prevention of diseases, and the health and sanitary condition of the state;
  10. Exercise all the rights, powers and duties relating to the subject of tuberculosis control and treatment set forth in title 68, chapter 9, and have custody and control of all reports, records and equipment appertaining thereto;
  11. Exercise all the rights, powers and duties relating to the administration of the children's special services set forth in title 68, chapter 12, and have custody and control of all records, reports and equipment appertaining thereto;
  12. Carry out the policies of the state as set forth in title 68, chapter 34, relative to family planning; and
  13. Carry out the purposes and programs pertaining to alcoholism and drug dependence in title 68, chapter 24.

Acts 1923, ch. 7, § 46; Shan. Supp., § 373a107; Code 1932, § 325; Acts 1937, ch. 33, §§ 64, 65; 1939, ch. 144, § 1; mod. C. Supp. 1950, § 325 (Williams, §§ 255.67, 255.68, 325); Acts 1959, ch. 9, § 13; impl. am. Acts 1963, ch. 52, § 5; Acts 1971, ch. 400, § 2; T.C.A. (orig. ed.), § 4-314; Acts 1983, ch. 472, § 7; 1993, ch. 234, § 11.

Compiler's Notes. For transfer of the bureau of environment in the department of health and its related functions and the administration of the Tennessee environmental statutes (excluding title 68, chs. 14, 110 and 112) from the department of health to the department of environment and conservation, see Executive Order No. 42 (February 4, 1991).

Cross-References. Commission on aging, commissioner as member, § 71-2-104.

Part 19
Department of Revenue

4-3-1901. Creation — Organization.

  1. There is hereby created the department of revenue.
  2. The commissioner of revenue shall determine the organization of and the methods of procedure within the department that are deemed suitable or necessary to exercise the powers conferred and perform the duties imposed by law and shall appoint, in accordance with applicable personnel guidelines and budgetary limitations, such assistants as are deemed necessary to effectively discharge the duties of the office in an orderly and efficient manner.

Acts 1921, ch. 113, § 3; 1923, ch. 7, § 1; Shan. Supp., §§ 373a30, 809a10; mod. Code 1932, §§ 255, 1479; Acts 1937, ch. 33, § 1; C. Supp. 1950, § 255.1; Acts 1959, ch. 9, § 14; modified; Acts 1963, ch. 99, § 1; 1973, ch. 368, § 2; 1978, ch. 599, § 2; T.C.A. (orig. ed.), § 67-104.

Compiler's Notes. The department of revenue, created by this section and § 4-3-101, terminates June 30, 2022. See §§ 4-29-112, 4-29-243.

Cross-References. Creation of the department of revenue, § 4-3-101.

4-3-1902. Commissioner.

The department of revenue shall be under the charge and general supervision of the commissioner of revenue.

Acts 1923, ch. 7, § 2; Shan. Supp., § 373a32; Code 1932, § 257; Acts 1937, ch. 33, § 2; C. Supp. 1950, § 255.2; Acts 1959, ch. 9, § 14; modified.

Cross-References. General organization, powers and duties of department, title 67, ch. 1, part 1.

Increment of taxes resulting from construction of levee, commissioner fixing amount to be retained by county, § 69-4-108.

4-3-1903. Powers and duties.

  1. The commissioner is vested with power to prescribe rules and regulations not inconsistent with law and prepare such forms as the commissioner may deem proper for the administration of the duties of the commissioner's office.
  2. The department of revenue has the power to:
    1. Administer the assessment and collection of all state taxes except those for which responsibility is expressly conferred by statute upon some other officer or agency;
    2. Administer the assessment and collection of privilege taxes;
    3. Receive state revenues collected by county officials and make and retain records of same;
    4. Investigate the tax systems of other states, and formulate and recommend to the governor such legislation as may be deemed expedient to prevent evasion of taxes, to secure just and equitable taxation and to improve the system of taxation in the state;
    5. Examine, at any and all times, the accounts of any private corporation, institution, association or board receiving appropriations from the general assembly;
    6. Require a complete record of the officers, assistants and employees appointed by the commissioners of the various departments, and require the salaries of the same to be in conformity with the scale authorized; and
    7. Procure from any department or agency of the state, or any of its political subdivisions, a copy of the complete record maintained by it of any convictions for violation of any criminal laws by any person who has made application to the department for employment, for the exclusive use of the department in screening the applicant to determine suitability for an appointment therein.

Acts 1921, ch. 113, § 2; 1923, ch. 7, §§ 12, 19; 1923, ch. 106, § 1; Shan. Supp., §§ 373a44, 373a56, 809a8; Code 1932, §§ 269, 1478; Acts 1933, ch. 92, § 1; 1937, ch. 33, §§ 50, 51; 1937, ch. 291, § 1; 1945, ch. 57, § 1; 1947, ch. 17, § 3; C. Supp. 1950, §§ 255.50, 255.51 (Williams, §§ 255.53, 255.54, 269); modified; impl. am. Acts 1959, ch. 9, § 14; Acts 1965, ch. 5, § 1; 1965, ch. 154, § 1; 1970, ch. 500, § 2; 1970, ch. 559, § 4; 1973, ch. 151, § 1; 1973, ch. 368, § 1; 1973, ch. 373, § 1; 1977, ch. 106, § 1; 1978, ch. 531, § 1; T.C.A. (orig. ed.), §§ 4-305, 4-306; Acts 1978, ch. 599, § 1; 1980, ch. 460, § 1; T.C.A. (orig. ed.), § 67-101(1).

Cross-References. General organization, powers and duties of department, title 67, ch. 1, part 1.

Part 20
Department of Safety

4-3-2001. Creation.

There is created and established the department of safety.

Acts 1937, ch. 33, § 15; C. Supp. 1950, §§ 255.1, 255.15; T.C.A. (orig. ed.), § 4-319; modified.

Compiler's Notes. The department of safety, created by this section and § 4-3-101, terminates June 30, 2023. See §§ 4-29-112, 4-29-244.

Acts 2014, ch. 773, § 3 provided that the division of state audit shall return to the department of safety in 2016 for the purpose of conducting a limited audit to review actions taken by the department to address the issues raised in the findings of the October 2013 performance audit report. The division of state audit shall complete the limited audit within a period sufficient to allow for its review by the government operations joint subcommittee on judiciary and government no later than December 1, 2016.

Cross-References. Accidents, reports to and duties of department regarding, title 55, ch. 10, part 1.

Anti-theft law, motor vehicles, powers and duties of department, title 55, ch. 5, part 1.

Creation of the department of safety, § 4-3-101.

Drivers' licenses, law administered by department, title 55, ch. 50, part 2.

Financial Responsibility Law, administration by department, § 55-12-103.

Rules and regulations as to highway use prescribed by department, § 55-7-101.

4-3-2002. Commissioner.

  1. The head of this department shall be the commissioner of safety, who shall be appointed by the governor and hold office at the governor's pleasure.
  2. The commissioner shall be qualified as a disciplinarian and experienced in matters pertaining to safety.

Acts 1937, ch. 33, § 15; 1939, ch. 11, § 10; 1945, ch. 28, § 3; C. Supp. 1950, §§ 255.1, 255.15; T.C.A. (orig. ed.), § 4-319.

Cross-References. Financial Responsibility Law, administration, § 55-12-103.

Peace officer standards and training commission, member, § 38-8-102.

Rules and regulations governing weighing of freight motor vehicles, promulgation by commissioner, § 55-7-205.

4-3-2003. Highway patrol duties.

The department of safety shall assume and exercise the powers and duties of the Tennessee highway patrol under chapter 7 of this title.

Acts 1937, ch. 33, § 44; 1939, ch. 11, § 27; mod. C. Supp. 1950, § 255.45 (Williams, § 255.46); T.C.A. (orig. ed.), § 4-320; modified.

4-3-2004. Notary powers of department employees.

    1. The commissioner of safety is authorized to designate in writing employees of the department of safety, who shall be authorized to take acknowledgements and administer oaths and perform other notarial acts with respect to applications, reports and any and all other documents required by law or departmental regulation to be filed with the department.
    2. Any employee so designated is authorized to perform the services and functions of a notary public with respect to such matters exclusively under the supervision and administration of the department, but no further nor otherwise.
    3. A written list of the employees so designated shall be posted in the office of the commissioner and shall be open to inspection at all business hours.
  1. Any false statement made on oath or affirmation before any such person shall subject the offender to punishment for perjury under the penalties now provided by law.

Acts 1939, ch. 11, § 10; 1945, ch. 28, § 3; C. Supp. 1950, § 255.15; Acts 1961, ch. 3, § 1; T.C.A., § 4-319.

Cross-References. Perjury, title 39, ch. 16, part 7.

4-3-2005. Hearing officers — Review of initial orders.

  1. The commissioner of safety, in the commissioner's discretion, is hereby authorized to appoint or designate hearing officers to conduct contested case hearings under the Uniform Administrative Procedures Act, compiled in chapter 5 of this title.
  2. The commissioner shall delegate the commissioner's authority to review initial orders in contested cases suspending or revoking driver licenses to the administrative procedures division of the office of the secretary of state for review by an administrative judge with such division. The commissioner may delegate the commissioner's authority to review initial orders under this subsection (b) to one (1) or more additional persons. Review of initial orders shall be subject to further review and final disposition by the commissioner.
  3. The time taken to review an initial order shall not extend the time provided in § 4-5-315 for rendering and entering a final order or order remanding the case for further proceedings by the commissioner.

Acts 1979, ch. 371, § 1; T.C.A., § 4-319; Acts 1982, ch. 874, § 65.

4-3-2006. Division of protective services.

    1. There is created within the department of safety a division of protective services.
    2. This division shall exercise the powers and duties formerly imposed upon the department of general services to provide police services by sworn officers for the State Capitol, the Legislative Plaza, the War Memorial Building and all state office buildings, and to provide personal security from time to time of state officials as directed by the commissioner, along with the primary, but not exclusive, responsibility of enforcing the parking regulations and policies as established by the department of general services.
    3. This division shall oversee the state facility protection officer program in conjunction with the commissioner or the commissioner's designee pursuant to § 4-3-2019(c)(1).
    1. The commissioner of safety shall be authorized to issue special police commissions to qualified state security personnel, who are full-time salaried employees of the state, to go armed or carry pistols while on active duty engaged in carrying out their responsibilities under subsection (a).
    2. Such commissions shall only be issued to those personnel who have satisfactorily completed appropriate training and are certified as qualified, including physical and mental competency, to carry firearms by the Jerry F. Agee Tennessee law enforcement training academy or other similar agency; provided, that security personnel employed before July 1, 1980, shall not be required to meet the training or mental and physical requirements set out in this subdivision (b)(2) as a condition of tenure or continued employment, nor shall their failure to fulfill such requirements make them ineligible for any promotional examination for which they are otherwise eligible.
    3. Nothing contained herein shall be construed to impose upon such security personnel the same criteria for employment and retention in state service as are required of members of the Tennessee highway patrol.

      Impl. am. 1979, ch. 93, § 1; Acts 1980, ch. 884, § 1; 2017, ch. 153, §§ 1, 2.

      Cross-References. Highway patrol, title 4, ch. 7.

4-3-2007. Rules and regulations regarding motor vehicles.

Subject to the approval of the department of general services under the authority of § 4-3-1105(9), the department of safety shall develop rules and regulations for the acquisition, assignment, use and disposal of motor vehicles. Such rules and regulations should promote the efficient and effective use of motor vehicles in law enforcement activities. These rules and regulations are also subject to approval by the department of finance and administration.

Acts 1981, ch. 501, §§ 4, 5.

4-3-2008. Subpoena to institutions of higher education — Information related to nonimmigrant students in possession of F-1 or M-1 student visa.

  1. The commissioner of safety is authorized to issue a subpoena for valid law enforcement purposes to an institution of higher education in this state to compel the production of the following information with regard to nonimmigrant students possessing either an F-1 or M-1 student visa for instruction at the institution:
    1. The number of nonimmigrant students enrolled at the institution at the beginning of a period of study;
    2. The number of nonimmigrant students enrolled at the institution at the end of a period of study; and
    3. The name and address of the nonimmigrant students who were enrolled at the beginning of the period of study but were not enrolled at the end of the period of study.
  2. The commissioner has the discretion to include, in a subpoena issued under this section, a directive that the existence or contents of the subpoena or the information furnished in response to the subpoena is not to be disclosed by the institution to the students whose names and addresses are released to the commissioner.
  3. As used in this section:
    1. “Institution” means a college, university, seminary, vocational or technical school, or any other entity that offers a postsecondary course of study. “Institution” does not include elementary, middle, or secondary schools; and
    2. “Period of study” means a quarter, semester, or the duration of a program that is not otherwise divided.

Acts 2016, ch. 812, § 1.

Compiler's Notes. Former § 4-3-2008 (Acts 1985, ch. 476, §§ 1, 2), concerning compensation of the commissioned members of the division of motor vehicle enforcement, was rendered ineffective by Acts 1986, ch. 935, § 8. For present law, see ch. 7, part 2 of this title.

4-3-2009. Rules and regulations regarding administration.

The commissioner of safety has the authority to establish and to promulgate such rules and regulations governing the administration and operation of the department as may be deemed necessary by the commissioner and that are not inconsistent with the laws of this state.

Acts 1988, ch. 511, § 1.

4-3-2010. Division of motor vehicle enforcement — Duties — Odometer fraud.

  1. The division of motor vehicle enforcement, or such other division of the department as may be directed to by the commissioner, has the following responsibilities and duties:
    1. Perform odometer fraud investigations, detect altered titles and vehicles, identify perpetrators, secure vehicle documentation and evidence for eventual indictment and prosecution of persons involved in odometer fraud;
    2. Perform covert odometer fraud investigations of individuals and dealers in odometer tampering by use of surveillance, undercover odometer rollbacks, title washing buys and other techniques;
    3. Perform overt odometer fraud investigations of individuals and dealers by interpreting title histories, interviewing subjects, informants, spinners and suspected perpetrators and utilizing lab analysis reports to support altered documents;
    4. Prepare odometer fraud outline memoranda to be used by United States attorneys in the indictment and prosecution of odometer tamperers;
    5. Assist United States attorneys in the indictment and trial process of major odometer fraud cases, and analyze and evaluate the total factual investigation for maximum effectiveness in the trial presentation by the United States attorneys;
    6. Testify before grand juries and in criminal prosecutions;
    7. Serve subpoenas in the investigation and prosecution of odometer fraud;
    8. Assist and coordinate with state and federal agencies nationwide in the investigation and prosecution of odometer fraud;
    9. Train and supervise persons involved in investigations by the unit; and
    10. Perform other duties relative to odometer fraud as may be assigned to the unit by the division.
  2. The division shall maintain agents in each grand division to investigate odometer fraud, but the activities of such agents shall be coordinated so as to ensure the most effective use of all employees.
  3. The increased costs imposed on the department by this section and of Acts 1989, chapter 276 amending §§ 55-2-112 and 55-6-101 shall be funded from the increase in the state fee for certificates of title authorized by chapter 276 of the Public Acts of 1989, increasing the fee from three dollars ($3.00) to three dollars and fifty cents ($3.50).

Acts 1989, ch. 276, § 1; 2013, ch. 308, § 19.

Cross-References. Grand divisions, title 4, ch. 1, part 2.

4-3-2011. Organ and tissue donor registry.

      1. The organ procurement organization, as defined in § 68-30-102, serving Tennessee may create and maintain an electronic registry of Tennesseans who have given consent to be organ and tissue donors. On a weekly basis, the department of safety shall transmit to the electronic registry the following information on those individuals who have given consent to be organ and tissue donors:
        1. True full name;
        2. Residence or mailing address;
        3. Date of birth; and
        4. Tennessee driver license number.
      2. The information obtained by the organ procurement organization for the purposes of subdivision (a)(1)(A) shall be used for these purposes only and shall not be disseminated further by the organ procurement organization.
    1. The department shall offer each applicant for issuance or renewal of a driver license the opportunity for the applicant to give consent to be an organ and tissue donor. Each applicant shall be offered the opportunity to give consent by responding affirmatively to the following statement: “Yes, I want to be an organ and tissue donor.”
    2. The department shall advise each applicant by making available the brochure referred to in subdivision (a)(4) or otherwise, that the applicant is under no compulsion to consent to be an organ and tissue donor. An individual who responds affirmatively to the consent statement gives full legal consent to donate the organs or tissue of the individual upon death. An individual may give or withdraw consent by any means provided by law, including, but not limited to, notifying the registry in writing or by electronic access to the registry.
    3. A brochure shall be made available to each applicant explaining the execution of a document of gift for organ and tissue donation, including the consent statement referred to in subdivision (a)(2). The brochure may be made available by electronic means. The brochure shall be provided to the department free of charge by the organ procurement organization.
  1. The department shall engage in public information and other activities to encourage all Tennesseans to become organ and tissue donors and to be so identified within the organ and tissue donor registry. Furthermore, in order to encourage and promote the highest level of organ and tissue donorship within the state, the commissioner shall periodically coordinate and convene strategy and planning meetings for representatives of the departments of commerce and insurance, education, and health, Tennessee organ and tissue donor service agencies, Tennessee hospitals, Tennessee physicians' organizations, as well as other organizations and entities that seek to promote and encourage organ and tissue donorship within the state.

Acts 1990, ch. 775, § 1; 2006, ch. 767, § 1; 2007, ch. 428, § 4.

Compiler's Notes. Acts 2006, ch. 767, § 2 provided that subdivision (a)(2) shall become effective at such time as the department of safety finds it necessary to reprint driver license application forms. Per the code commission, the contingency has been met and subdivision (a)(2) is in effect.

Cross-References. Recipients of dead bodies, notification of communicable disease or AIDS, § 68-5-102.

Revised Uniform Anatomical Gift Act, title 68, ch. 30.

4-3-2012. Rules and regulations regarding motor carriers.

The department of safety has the power to exercise all duties, responsibilities and powers granted the department in title 65, chapter 15, to establish and promulgate rules and regulations necessary for the administration and enforcement of title 65, chapter 15.

Acts 1995, ch. 305, § 67.

4-3-2013. Required driving under the influence information to be posted on website of department.

The department of safety shall develop and maintain, upon its web page on the world wide web of the internet, information concerning driving under the influence of an intoxicant, including, but not limited to, the penalties for violations of the state's drunk driving laws, the blood alcohol concentration (BAC) limit, the penalties for refusing to take a breath test, the fees to have a driver license reinstated after an alcohol-related offense, the penalties for unlawful possession of alcohol by minors and statistical information concerning drunk driving. The department is authorized to include additional information on the web page as deemed necessary by the department to combat drunk driving in Tennessee.

Acts 2001, ch. 237, § 1.

Compiler's Notes. Information on driving under the influence is posted on the department of safety's web site at the following location: http://www.tn.gov/safety/duioutline.shtml.

4-3-2014. [Reserved.]

  1. The commissioner of safety may negotiate the terms of a memorandum of understanding between the state of Tennessee and the United States department of homeland security concerning the enforcement of federal immigration laws, detention and removals, and investigations in the state.
  2. The memorandum of understanding shall be signed on behalf of the state by the commissioner of safety and the governor or as otherwise required by the appropriate federal agency.
  3. The commissioner of safety shall designate that appropriate employees of the Tennessee highway patrol be trained pursuant to the memorandum of understanding. There shall be at least one (1) employee of the Tennessee highway patrol in each district office of the highway patrol who is trained pursuant to the memorandum of understanding.
  4. Funding for training shall be provided pursuant to the Homeland Security Appropriation Act of 2006, Public Law 109-90, or subsequent federal funding sources.

Acts 2007, ch. 165, § 1.

4-3-2016. Connecting cell phone callers to the nearest highway patrol dispatcher through *THP (*847) program.

The department of safety is encouraged to increase its consumer information efforts about the *THP (*847) program, which connects cell phone callers to the nearest highway patrol dispatcher. The information efforts should seek to educate the motoring public about dialing “*THP (*847)” to report drivers who are violating the rules of the road to the highway patrol.

Acts 2008, ch. 1198, § 1.

4-3-2017. Authority to enter into agreements with nonprofit organizations to promote and support goals and objectives of agency.

  1. The department of safety is authorized to enter into agreements with nonprofit organizations for the purpose of promoting and supporting the goals and objectives of the agency, including, but not limited to, law enforcement, safety education, motorist services, disaster preparedness and prevention, and marketing opportunities. No contractual agreement shall be entered into with any nonprofit entity that is tax exempt under United States Internal Revenue Code § 501(c)(3) (26 U.S.C. § 501(c)(3)), as a religious organization, an organization that is affiliated with a religious organization as defined in 26 CFR 1.6033-2(h), a nonprofit entity that is tax exempt under United States Internal Revenue Code § 527 (26 U.S.C. § 527), as a political organization, or an organization that is affiliated with a political organization, as “affiliated” is defined in 11 CFR, chapter 1.
  2. This section shall not be interpreted to abridge any powers or duties delegated to the agency in this part.
  3. The nonprofit shall have its board of directors elected by a process approved by the governor or the governor's designee.
  4. The nonprofit shall be properly incorporated under the laws of this state, and approved by the internal revenue service as an organization that is exempt from federal income tax under § 501(a) of the Internal Revenue Code (26 U.S.C. § 501(a)), by virtue of being organizations described in § 501(c)(3) of the Internal Revenue Code.
  5. The nonprofit shall annually submit to the governor, the speakers of the senate and the house of representatives, within ninety (90) days after the end of its fiscal year, a complete and detailed report setting forth its operation and accomplishments.
  6. The annual reports and all books of accounts and financial records of all funds received by grant, contract or otherwise from state, local or federal sources shall be subject to audit annually by the comptroller of the treasury. With prior approval of the comptroller of the treasury, the audit may be performed by a licensed independent public accountant selected by the nonprofit partner. If an independent public accountant is employed, the audit contract between the nonprofit partner and the independent accountant shall be on contract forms prescribed by the comptroller of the treasury. The cost of any audit shall be paid by the nonprofit partner. 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.
  7. All full board meetings of a nonprofit organization concerning activities authorized by this section shall be open to the public, except for executive sessions that include, but are not limited to, any of the following matters: litigation; audits or investigations; human resources issues; gift acceptance deliberations; board training; governance; donor strategy sessions; and security measures.
  8. All contributions to and expenditures of a nonprofit organization relating to activities authorized by this section shall be open for public inspection upon specific request to the nonprofit organization.
  9. The proposed charter and any proposed amendments of a nonprofit organization shall be submitted to the comptroller of the treasury for review and comment prior to the adoption of any such charter or amendments.

Acts 2012, ch. 813, § 1.

Cross-References. Open meetings law, title 8, ch. 44.

Attorney General Opinions. Exclusion of religious or political nonprofit organizations from certain state contracts.  OAG 12-29, 2012 Tenn. AG LEXIS 29 (3/2/2012).

4-3-2018. Authority of department regarding statewide P25 interoperable communications system.

  1. The department has the authority to promulgate rules and regulations regarding access to its statewide P25 interoperable communications system, including the authority to collect, by rules or regulations, assessments for the use and/or maintenance of the system.
  2. Any assessments collected by the department pursuant to the rules and regulations established in subsection (a) shall be expendable receipts of the department for use in maintaining the statewide P25 interoperable communications system.

Acts 2013, ch. 184, § 1.

4-3-2019. State facility protection officers.

  1. The commissioner of safety may appoint and commission peace officers as provided in this section. Such peace officers shall be known as state facility protection officers. Any company licensed under title 62, chapter 35 as a private protective service and which has a contract with the state to provide armed guards may apply to the commissioner of safety for the appointment and commissioning of such number of its employees as the company shall designate to act as state facility protection officers.
    1. The commissioner, or the commissioner's designee, upon receipt of a state facility protection officer application, shall review the application to verify the person seeking the commission is qualified to receive such commission, and may issue such commission if all requirements are met.
    2. No person shall be commissioned unless:
      1. The person holds an armed guard certification issued under title 62, chapter 35;
      2. The person has received initial civilian or military training substantially similar to that of the peace officers standards and training commission in the areas pertaining to their duties;
      3. The person substantially meets the pre-employment standards as set forth by the peace officers standards and training commission; and
      4. The person has completed a department approved training course pertaining to their duties as a state facility protection officer.
    3. All commissioned persons are required to maintain their armed guard certification and comply with any required, recurrent training as may be mandated by the department.
    4. The commission issued under this subsection (b) shall only be issued to persons who are assigned to property or buildings owned or leased by the state.
    1. The state facility protection officer program shall be overseen and directed by the commissioner or the commissioner's designee.
    2. Each state facility protection officer assigned in accordance with subdivision (b)(4) shall have and exercise the following authority for the sole purpose of carrying out the scope of assigned duties as specified or limited within the exclusive judgment of the department of safety:
      1. The authority to make arrests for public offenses committed against state officials or employees or committed upon, about, or against property owned or leased by the state or on public roads or rights-of-way passing through such owned or leased property;
      2. The authority to provide security at property owned or leased by the state; and
      3. The authority to carry weapons for the reasonable purposes of the officer's employment and only while in the performance of the officer's assigned duties.
  2. Every state facility protection officer appointed pursuant to this section, when on duty shall possess a badge or identification card issued by the department identifying the officer as a state facility protection officer, and the officer shall exhibit the badge or identification card on demand and before making an arrest.
    1. When a person appointed and commissioned as a state facility protection officer leaves employment with the company that person's powers as a state facility protection officer shall cease and terminate at that time. The company shall notify the commissioner in writing within one (1) business day of the person leaving employment, and shall return any badge or identification to the department within five (5) business days of the day the person leaves employment.
    2. When the department no longer requires the services of a person appointed and commissioned as a state facility protection officer, the department of safety shall notify the company. Upon notification, the powers of the state facility protection officer shall cease and terminate. The company shall not return the person to an assignment under the contract and shall return any badge or identification held by the person to the department.

Acts 2014, ch. 855, § 1; 2017, ch. 153, § 3.

Part 21
Department of State

4-3-2101. Creation — Secretary of state as chief officer.

There is created the department of state through which the secretary of state, who shall be the chief officer of the department, shall administer the duties imposed upon the secretary of state by law.

Acts 1959, ch. 9, § 7; T.C.A., § 4-338; modified.

Cross-References. Administrative procedures division, § 4-5-321.

Creation of the department of state, § 4-3-101.

Secretary of state as constitutional officer, appointment, Tenn. Const., art. III, § 17.

4-3-2102. Department and secretary subject to general laws.

The secretary of state, as the chief officer of the department, and the department are subject to all laws applying generally to administrative heads of departments and administrative departments, not inconsistent with the secretary of state's status as a constitutional officer.

Acts 1959, ch. 9, § 7; T.C.A., § 4-338.

4-3-2103. Administrative attachment of state election commission.

The state election commission is hereby attached to the department of state for all administrative matters relating to receipts, disbursements, expense accounts, budget, audit and other related items. The autonomy of the state election commission and its authority are not affected hereby.

Acts 1959, ch. 9, § 7; impl. am. Acts 1972, ch. 740, § 6; T.C.A., § 4-338.

Cross-References. State election commission, title 2, ch. 11, part 1.

Part 22
Department of Tourist Development

4-3-2201. Creation — Commissioner as chief administrator.

There is hereby established the department of tourist development, the chief administrator of which shall be the commissioner of tourist development.

Acts 1976, ch. 468, § 1; T.C.A., § 4-345.

Compiler's Notes. The department of tourist development, created by this section and § 4-3-101, terminates June 30, 2022. See §§ 4-29-112, 4-29-243.

Acts 2006, ch. 586, § 1 provided that the department of tourist development is encouraged to conduct a study to determine the feasibility of designing, manufacturing, distributing, and selling of commemorative Tennessee license plates for display on the front of motor vehicles and for the purpose of generating revenue for promotion of tourism in Tennessee.

Cross-References. Creation of the department of tourist development, § 4-3-101.

4-3-2202. Appointment of commissioner — Qualifications.

  1. The commissioner shall be appointed by the governor to serve at the governor's pleasure and shall receive a salary in accordance with § 8-23-101.
  2. The commissioner shall be a person qualified by training and experience to perform the duties of the commissioner's office.

Acts 1976, ch. 468, § 1; T.C.A., § 4-345.

4-3-2203. Divisions — Creation.

The commissioner is authorized to create, with the approval of the governor, such new divisions as are necessary to carry out the duties imposed upon the commissioner and the department.

Acts 1976, ch. 468, § 2; T.C.A., § 4-346; Acts 2013, ch. 132, § 3.

Cross-References. Creation of tourism division, § 4-3-2204.

Reorganization of divisions, § 4-4-101.

4-3-2204. Tourism division — Creation — Director — Personnel — Duties.

      1. There shall be in the department of tourist development, a tourism division, to be under the direction and charge of the commissioner of tourist development, who shall, however, appoint a person to be known as the director of the tourism division, who shall perform such duties respecting the work of the division as the commissioner shall, from time to time, prescribe.
      2. The director shall be a competent person, having executive ability and properly informed on the plans and methods of public contracts, publicity, advertising and tourist promotion, and shall have charge of all active functions of the division and the enforcement of the orders, rules and regulations of the commissioner, subject to and under the commissioner's jurisdiction and direction.
    1. The commissioner may transfer to such division, or assign to its work, any employees of the department, and, subject to appropriations, may appoint or employ such other persons as the commissioner may find necessary for the work of the division in carrying out this section and §§ 4-3-2206 — 4-3-2208.
  1. The division shall promote new investment in the tourist industry, provide comprehensive services to existing tourist enterprises, promote in other states the attractions of Tennessee, distribute Tennessee informational publications and supervise the system of welcome centers in the state.

Acts 1937, ch. 281, § 1; C. Supp. 1950, § 630.35 (Williams, § 630.26); impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; impl. am. Acts 1972, ch. 852, §§ 12, 14; impl. am. Acts 1976, ch. 468, § 2; Acts 1976, ch. 468, § 2; T.C.A. (orig. ed.), §§ 4-346, 11-601, 11-25-101.

Cross-References. Authority of commissioner to create divisions, § 4-3-2203.

4-3-2205. [Reserved.]

  1. The commissioner, acting through the tourism division, shall, in accordance with the rules, regulations, policies and procedures of the state publications committee:
    1. Collect, compile and distribute literature as to the facilities, advantages and attractions of the state, the historic, recreational and scenic points and places of interest within the state and the transportation and highway facilities of the state;
    2. Plan and conduct a program of information and publicity designed to attract to the state tourists, visitors and other interested persons from outside the state, and also encourage and coordinate the efforts of other public and private organizations or groups of citizens to publicize the facilities and attractions of the state for the same purposes;
    3. Publicize the material and economic advantages of the state that render it a desirable place for business and residence; and
    4. Carry on such educational programs as are necessary to familiarize the people of the state with the scenic, historical, industrial, recreational and agricultural advantages or needs of the state.
  2. To carry out the purpose and intent of this section and §§ 4-3-2204, 4-3-2207, and 4-3-2208, the commissioner is authorized and empowered to:
    1. Form contracts with agencies of any type or wherever situated, that will tend to promote the objectives of advertising Tennessee to nonresidents;
    2. Gather and compile, in accordance with the rules, regulations, policies and procedures of the state publications committee, information from branches of the state government and others, that will promote authentic information for advertising purposes;
    3. Enter into cooperative agreements and contracts with such individuals, partnerships, corporations public or private, associations, societies, educational institutions, chambers of commerce, automobile associations, and other organized groups as may be deemed advantageous and proper by the commissioner to effectuate the intent and purpose of this section and §§ 4-3-2204, 4-3-2207, and 4-3-2208; provided, that an authenticated copy of all such contracts shall be filed with the comptroller of the treasury and shall be approved by the attorney general and reporter;
    4. Accept unconditional gifts of money to be expended in furtherance of the purposes of this section and §§ 4-3-2204, 4-3-2207, and 4-3-2208;
    5. Within the limits of available funds, match any moneys advanced for the purposes of this section and §§ 4-3-2204, 4-3-2207, and 4-3-2208, by the federal government, or by any state, county, municipality, corporation, association, society, development district, regional council, association of local governments or individual; and
    6. Within the limits of available funds, enter into such cooperative agreements or contracts with any instrumentality of the federal government, municipal or county government of Tennessee, or any other state or group of states that, in the judgment of the commissioner, will effectuate the purposes of this section and §§ 4-3-2204, 4-3-2207, and 4-3-2208.

Acts 1937, ch. 281, §§ 2, 3; C. Supp. 1950, §§ 630.36, 630.37 (Williams, § 630.28); impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; impl. am. Acts 1972, ch. 852, §§ 12, 14; impl. am. Acts 1976, ch. 468, § 2; T.C.A. (orig. ed.), §§ 11-602, 11-603, 11-25-102, 11-25-103; Acts 1990, ch. 1024, §§ 6, 7; 2009, ch. 125, § 1.

Compiler's Notes. For transfer of the rest area system, excluding the rest area in Smith County, in the department of tourist development and its related functions to the department of transportation, see Executive Order No. 44 (February 4, 1991).

Cross-References. Powers and duties of tourism division, § 4-3-2204.

4-3-2207. Regional tourist promotion — State assistance.

  1. It is the intent of the state to assist financially with the development of regional plans for tourist promotion and for coordination of activities thereunder.
  2. From and after the creation of any regularly chartered, nonprofit tourist promotion organization or a tax exempt public agency representing all the area within a planning region of this state as delineated by the [former] state planning office and reiterated by Executive Order No. 17, and when the local people shall indicate their willingness to contribute financially, then the state shall be authorized to match such local contributions up to a maximum of thirty-five thousand dollars ($35,000) annually on the basis of two dollars ($2.00) in matching state funds for each one dollar ($1.00) contributed by the local people involved. The aggregate of such funds may also be used for purposes of matching various federal programs of assistance for tourist promotion. Cities and counties are specifically authorized to appropriate and expend funds for carrying out the purposes of this section and §§ 4-3-2204, 4-3-2206, and 4-3-2208.
  3. Each organization operating under this section and §§ 4-3-2204, 4-3-2206, and 4-3-2208 shall operate subject to the supervision and control of the commissioner of tourist development.
  4. State funds shall be contributed to any such organization only upon recommendation of the commissioner of tourist development and the approval by the commissioner of finance and administration.
  5. Each organization operating under this section and §§ 4-3-2204, 4-3-2206, and 4-3-2208 shall prepare an annual audit report of its activities through June 30 of each year, and submit a copy of such report to the governor and the general assembly, and the commissioner of tourist development. Financial records of each participating organization shall be subject to audit by the comptroller of the treasury.
  6. Funds appropriated to implement this section are subject to the approval of the governor and the commissioner of tourist development. Such funds or portions thereof shall be paid only upon certification by the appropriate official of each participating organization that matching local funds are available.
  7. Such funds shall be from the appropriations of the department of tourist development, tourism division and shall be used for the sole purpose of permitting the state to match funds contributed by the local people involved. Any such funds not distributed under this section shall revert to the general fund at the end of the fiscal year.

Acts 1970, ch. 552, § 1; impl. am. Acts 1972, ch. 542, § 15; impl. am. Acts 1972, ch. 852, §§ 12, 14; Acts 1973, ch. 164, § 1, 2; impl. am. Acts 1976, ch. 468, § 2; T.C.A., §§ 11-605, 11-25-105; Acts 1989, ch. 94, § 1; 1994, ch. 660, § 1; 2009, ch. 125, § 2.

Compiler's Notes. The state planning office, referred to in this section, was abolished by Acts 1995, ch. 501, effective June 12, 1995.

This section may be affected by § 9-1-116, concerning entitlement to funds, absent appropriation.

Attorney General Opinions. Development districts need not be “regularly chartered, nonprofit tourist promotion organization[s]” in order to contract with the Tennessee Department of Tourist Development as regional tourism organizations, OAG 07-001 (1/4/07), 2007 Tenn. AG LEXIS 1.

4-3-2208. Annual appropriation — Expenditure.

The sum of one hundred thousand dollars ($100,000) annually, or so much thereof as may be necessary, is appropriated out of the general fund of the state, not otherwise appropriated, to the department of tourist development, for carrying out §§ 4-3-2204, 4-3-2206 and 4-3-2207 for maintenance and operation, including personal services, to be paid out of the general fund of the state treasury in the form and manner as now prescribed for the expenditures of other public funds.

Acts 1937, ch. 281, § 4; C. Supp. 1950, § 630.38 (Williams, § 630.29); impl. am. Acts 1972, ch. 852, §§ 12, 14; impl. am. Acts 1976, ch. 468, § 2; T.C.A. (orig. ed.), §§ 11-604, 11-25-104.

Compiler's Notes. This section may be affected by § 9-1-116, concerning entitlement to funds, absent appropriation.

4-3-2209. Welcome centers and rest stops — Development of promotional content and training.

  1. It is the intent of the state to promote and facilitate Tennessee's natural beauty and bountiful attractions. To the extent permitted by federal laws and regulations and the requirements of the federal highway administrator, all welcome centers supervised by the department may have photographs, posters, maps, music, books and other items that illustrate Tennessee's unique heritage and wealth of endeavors, from the historic to the peculiar, the traditional to the frivolous. Each welcome center may place an emphasis on events and sites that are within a fifty-mile radius within Tennessee.
  2. The commissioner of tourist development shall develop promotional content and train staff members regarding all aspects of Tennessee life that are endearing to its citizens and captivating to its visitors. Emphasis may be placed on hidden treasures that a casual observer might miss, including natural sites such as waterfalls and caves, and man-made sites such as museums, seasonal events, and community celebrations. The commissioner of tourist development is encouraged to make Tennessee's welcome centers a place for travelers to enjoy and linger as tired limbs are stretched and eyes are rested.

Acts 2007, ch. 490, §§ 1, 2.

4-3-2210. Marketing of Reelfoot Lake as Tennessee Heritage Site.

The commissioner may strategically market Reelfoot Lake as a Tennessee Heritage Site for tourism development based on its geological history, natural resources, and other unique characteristics as funding may be available at the discretion of the commissioner.

Acts 2019, ch. 443, § 2.

Part 23
Department of Transportation

4-3-2301. Creation.

There is hereby established the department of transportation.

Acts 1972, ch. 829, § 3; T.C.A., § 4-309; modified.

Compiler's Notes. The department of transportation, created by this section and § 4-3-101, terminates June 30, 2024. See §§ 4-29-112, 4-29-245.

For additional provisions relating to the termination of the department of transportation, see the Compiler's Notes under § 4-3-101.

Acts 2003, ch. 213, § 1 provided that in recognition of a growing public interest in improving the transportation planning process and customer service by the department of transportation, it is the intent of the general assembly to authorize the commissioner of transportation to reorganize the department as appropriate to address existing and future demands for improved services.

Cross-References. Creation of the department of transportation, § 4-3-101.

4-3-2302. Commissioner — Qualifications — Appointment — Salary — Vacancy or absence.

  1. The administrator and head of the department shall be the commissioner of transportation, who shall be a person qualified by training and experience to perform the duties of the commissioner's office.
  2. The commissioner shall be appointed by the governor.
  3. The commissioner shall serve at the pleasure of the governor and shall receive a salary in accordance with § 8-23-101.
  4. In the event of death, resignation, temporary incapacity or removal of the commissioner, and prior to the appointment of the commissioner's successor, the governor may appoint a qualified employee of the department of transportation to serve as acting commissioner. The commissioner may appoint, during the commissioner's absence from the state, a qualified employee of the department to serve as acting commissioner for the duration of the absence. In either case, the acting commissioner shall have all the duties, functions and powers of the commissioner during the commissioner's absence or incapacity, or until the commissioner's successor is duly qualified and appointed.

Acts 1972, ch. 829, § 4; T.C.A., § 4-309; Acts 1981, ch. 264, § 25.

NOTES TO DECISIONS

1. Suit Against the State.

Where landowners brought a declaratory judgment action against the commissioner of the department of transportation in his official capacity, it was a suit against the state. Williams v. Nicely, 230 S.W.3d 385, 2007 Tenn. App. LEXIS 111 (Tenn. Ct. App. Feb. 28, 2007), appeal denied, — S.W.3d —, 2007 Tenn. LEXIS 621 (Tenn. June 25, 2007).

4-3-2303. Powers and duties of commissioner.

The commissioner has the power and duty to:

  1. Retain, employ and contract for the services of private and public consultants, research and technical personnel and procure by contract, consulting, research, technical and other services and facilities, whenever considered by the commissioner necessary or desirable in the performance of the functions of the department and whenever funds shall be available for those purposes;
  2. Establish and promulgate such rules and regulations governing the administration and operation of the department as may be deemed necessary by the commissioner and that are not inconsistent with the laws of this state;
  3. Maintain such facilities throughout the state as may be required for the effective and efficient operation of the department;
  4. Apply for and accept on behalf of the state any grant from the federal government to be used for any of the purposes of the department, and to comply with any conditions and limitations annexed;
  5. Supervise, direct and account for the administration and operation of the department and its employees;
  6. Organize the department into such units as the commissioner deems necessary to carry out the duties and functions imposed on the commissioner and the department. Any reorganization or creation or elimination of any units after July 1, 2003, shall be jointly reviewed by the officers of the house  of representatives and senate finance, ways and means committees and the officers of the transportation committee of the house of representatives and the transportation and safety committee of the senate, it being the intent of the general assembly to recognize the organization of the department as of July 1, 2003, as the legal organization of the department;
  7. Appoint such personnel as may be necessary for the administration and operation of the department, within reasonable budgetary limitations;
  8. Delegate any of the commissioner's powers, duties or functions to a departmental employee of the commissioner's choosing, except the commissioner's power to remove employees of the department or to fix their compensation;
  9. Undertake programs of transportation related to investigation, research and operation of safe, adequate and efficient transportation modes, including, but not limited to, aeronautics, waterways, rails, highways and mass transit;
  10. Provide technical assistance and financial assistance, as it may become available, to other public agencies;
  11. Develop and implement a continuing, comprehensive, and multimodal statewide transportation planning process that is consistent with the transportation planning requirements of the United States department of transportation and includes the development and periodic updating of a long-range statewide transportation plan, including: consideration and provision, as applicable, of elements and connections of and between highway, rail, mass transit, waterway, aviation, pedestrian and bicycle facilities; consideration of operations and maintenance of those facilities; and a review of projected costs and anticipated revenues;
  12. Plan, propose and coordinate transportation related policies, activities and programs among state departments and agencies and within the state;
  13. Prepare and report annually to the general assembly an updated multimodal transportation improvement program for the state, which shall be based on the long-range statewide transportation plan and shall provide the basis for annual funding recommendations by the commissioner and for annual expenditures by the department;
  14. Administer a statewide rideshare/car pooling program, including the establishment of appropriate rideshare parking locations on the perimeter of major urban areas or other areas needing such facilities, as determined by the commissioner;
  15. Document and evaluate the cost-effectiveness of contracting maintenance work with private vendors;
  16. Develop a plan to establish and maintain long-term, cost-effective highway condition ratings;
  17. Develop, document and demonstrate to the general assembly a system of accountability over transportation field units;
  18. Exercise all duties, responsibilities and powers granted the department in title 65, chapters 3, 11, and 12, and establish and promulgate rules and regulations necessary for the administration and enforcement of title 65, chapters 3, 11, and 12; and
  19. Solely at the commissioner's discretion, upon awarding federal transportation enhancement grant funds to be used for the acquisition, preservation or protection of civil war battlefield sites or related properties or easements, the commissioner may contract directly with any established and nationally recognized nonprofit organization dedicated to the preservation of civil war battlefields; provided, that the commissioner finds that the organization complies with federal eligibility requirements for grantees of such enhancement grant funds.

Acts 1972, ch. 829, § 5; 1973, ch. 140, § 3; T.C.A., § 4-309; Acts 1981, ch. 264, § 24; 1983, ch. 429, § 10; 1986, ch. 541, § 1; 1987, ch. 76, §§ 3, 4; 1995, ch. 305, § 63; 2003, ch. 213, § 2; 2007, ch. 41, §§ 1, 2; 2010, ch. 960, § 1; 2013, ch. 236, § 89.

Compiler's Notes. For transfer of the rest area system, excluding the rest area in Smith County, in the department of tourist development and its related functions to the department of transportation, see Executive Order No. 44 (February 4, 1991).

Cross-References. Duties of commissioner, § 54-1-105.

Highways, title 54.

Ramp installation at crosswalks, department to furnish specifications, § 7-31-114.

Reporting requirement satisfied by notice to general assembly members of publication of report, § 3-1-114.

Attorney General Opinions. Reorganization of department of transportation, OAG 00-037, 2000 Tenn. AG LEXIS 37 (3/7/00).

Commissioner's authority to investigate safe, adequate and efficient modes of transportation does not give him the regulatory power to investigate alleged violations of the Tennessee Water Quality Control Act, OAG 04-035, 2004 Tenn. AG LEXIS 35 (3/09/04).

4-3-2304. Accessible transportation and mobility.

  1. This section shall be known and may be cited as the “Tennessee Accessible Transportation and Mobility Act of 2020.”
  2. At the direction of the commissioner, the department shall create and administer an office within the department to be known as the office of accessible transportation and mobility.
  3. The purpose of the office is to provide resources and expertise for expanding and improving accessible transportation and mobility across the state at the direction of the commissioner.
  4. All appropriate state and local agencies shall coordinate with the department of transportation toward the goal of expanding and improving accessible transportation and mobility across the state.
  5. The office shall consult with stakeholders, selected by the department, who are consumers of accessible transportation as well as professionals with experience in transportation, disability, and aging to produce the following on or before March 31, 2021:
    1. A detailed statement on the office's mission and scope of responsibilities;
    2. A five-year strategic plan to guide the office's work; and
    3. A report to the chairs of the transportation committee of the house of representatives and the transportation and safety committee of the senate and to the public regarding needs for mobility and accessible transportation in the state, which is to be submitted annually thereafter.

Acts 2020, ch. 600, § 1.

Compiler's Notes. Former § 4-3-2304 (Acts 1923, ch. 7, § 33; Shan. Supp., § 373a85b; Code 1932, § 308; Acts 1937, ch. 33, §§ 54, 55; mod. C. Supp. 1950, § 255.54; Acts 1959, ch. 9, § 3; 1972, ch. 829, §§ 3-6, 20, 23; 1973, ch. 140, § 3; T.C.A. (orig. ed.), § 4-309), concerning the creation, powers and duties of the various bureaus of the department of transportation, was repealed by Acts 1981, ch. 264, § 3. For present provisions, see § 4-3-2303.

4-3-2305. Compliance.

  1. The department of transportation shall comply with all the terms and conditions of the disadvantaged business enterprise and historically underutilized business enterprise provisions of the federal Transportation Equity Act for the 21st Century (23 U.S.C. § 101 et seq.)
  2. In addition to subsection (a), the department shall continue to comply with the good faith efforts requirements of § 67-3-904, which apply to the revenue generated from the 1986 and 1989 gasoline tax increases with respect to disadvantaged business enterprises or women business enterprises.
  3. It being in the public interest and for a public purpose to support the participation of small businesses in department contracts, the department is authorized to establish the programs described in this section to assist small businesses to participate in department contracts, either as a prime or as a subcontractor. Small business shall be defined to include certified disadvantaged business enterprises as defined by 49 CFR Part 26, and business enterprises that satisfy all the requirements of a disadvantaged business enterprise under Part 26, including but not limited to, requirements of business size and net worth of owners, other than the requirement that the owners of the business qualify as members of the groups identified in subsection 2 of the definition of socially and economically disadvantaged individuals in 49 CFR Part 26.5. The commissioner may promulgate rules to implement the purpose of this section.
    1. The department is authorized to conduct studies to determine whether any group consisting of socially and economically disadvantaged individuals as defined in 49 CFR Part 26 is underutilized on state funded construction projects. In the event underutilization is documented and any other necessary findings are made, the commissioner may elect to set appropriate goals on state funded projects.
    2. The department is authorized to offer construction management development programs for small businesses and may charge a fee for the programs.
    3. The department is authorized to create and implement a surety bond guarantee program for small businesses to act as subcontractors on department construction projects. The state may guarantee up to ninety percent (90%) of a surety bond amount of two hundred fifty thousand dollars ($250,000) or less and up to eighty percent (80%) of a surety bond amount greater than two hundred fifty thousand dollars ($250,000), which surety bond is provided by an approved surety. The department may be entitled to receive a fee from a participating small business and may require any participating small business to set aside part of the subcontract amount as security for the surety bond or guarantee, or both. The department is required to promulgate rules to effectuate this subsection (c). In no event shall the total amount guaranteed under this program at any given time exceed five million dollars ($5,000,000). The department is authorized to expend funds from the highway fund to fund administrative expenses and fund any losses that may arise under the surety bond guarantee program.
    4. The commissioner shall report in writing the progress of this program to any member of the general assembly upon request. The report shall include, as a minimum, the number of users of the surety bond guarantee plan; the number of defaults and dollar loss; the cost of the program categorized by cost of administration; and the cost of on-the-job and classroom instruction.

Acts 2000, ch. 820, § 2; 2004, ch. 641, § 1; 2013, ch. 236, § 88; 2013, ch. 308, § 20.

Compiler's Notes. Acts 2000, ch. 820, § 1 provided that the act may be known and may be cited as the “Tennessee Minority and Women Business Enterprise Act of 2000”.

Acts 2013, ch. 236, § 88 amended the first sentence of subdivision (c)(4), effective April 19, 2013, to read: “Annually, the commissioner shall report in writing the progress of this program to the speaker of the senate, the speaker of the house of representatives, the governor, members of the house  of representatives transportation committee, and members of the transportation and safety committee of the senate.” Acts 2013, ch. 308, § 20 rewrote the first sentence of subdivision (c)(4), effective July 1, 2013, to read: “The commissioner shall report in writing the progress of this program to any member of the general assembly upon request.” The amendment by ch. 236 was in effect from April 19, 2013, until July 1, 2013. The amendment by ch. 308 took effect on July 1, 2013.

Cross-References. Enhanced policymaking role for minority business, § 4-3-732.

Funds for contracts with disadvantaged business concerns or enterprises, § 54-1-124.

4-3-2306. Transportation Information Planning Act of 2001.

  1. This section shall be known and may be cited as the “Transportation Information Planning Act of 2001.”
  2. The general assembly finds and declares that:
    1. Planning of Tennessee's transportation system is vital to ensuring that Tennessee's transportation needs are met now and in the future;
    2. The general assembly and the public's ability to be informed and involved in the planning and implementation of Tennessee's transportation system will add value to ensuring a transportation system that meets the needs of Tennessee's citizens; and
    3. With the emergence of new information technology, access to planning documentation can and should be made more readily available to the public.
  3. In order to facilitate the dissemination of information to the citizens of Tennessee, the department of transportation shall post the following documents or information on its internet website:
    1. A copy of the most current statewide transportation plan required pursuant to § 4-3-2303(13); and
    2. Information identifying and explaining the types of planning information available from the department and the procedures for obtaining each type of such information from the department.

Acts 2001, ch. 248, § 1.

Compiler's Notes. The URL of the web site for the Tennessee department of transportation is tn.gov/tdot.

4-3-2307. Travel and tourism signage programs.

  1. The commissioner is authorized to develop guidelines for municipal tourism/wayfinding informational signage programs. Such guidelines may include, but are not limited to, construction, placement and safety standards. The commissioner is urged to consult with interested municipalities in the development of this program. Such municipalities may participate in the development of such guidelines; provided, that nothing in this section shall be construed as requiring any municipality to participate in, or undertake construction of, a municipal tourism/wayfinding information signage program.
  2. The commissioner of transportation is authorized to develop guidelines for optional county/municipal tourism/wayfinding informational signage programs within any municipality having a population in excess of one hundred fifty-five thousand (155,000), according to the 2000 federal census or any subsequent federal census, or within any county. Such guidelines may include, but are not limited to, construction, placement and safety standards. The commissioner is urged to consult with interested parties within any county or municipality desiring to participate in the development of this program. Such county or municipality may participate in the development of such guidelines; provided, that nothing in this subsection (b) shall be construed as requiring participation or to undertake construction of a county/municipal tourism/wayfinding information signage program.
  3. The department of transportation is hereby authorized to remove any signs from the federal interstate highway system within any participating county or municipality that were installed as a result of acts or resolutions of the Tennessee general assembly; provided that the entity or facility which is signed agrees in writing that the entity or facility's interstate guide sign and any associated ramp sign may be removed as part of the overall plan for the tourism/wayfinding informational signage program implemented by such county or municipality.

Acts 2003, ch. 382, § 1; 2010, ch. 727, §§ 1, 2.

Compiler's Notes. For tables of population of Tennessee municipalities, see Volume 13 and its supplement.

Acts 2003, ch. 382, § 2 provided that the commissioner is authorized to promulgate rules and regulations to effectuate the provisions of this section.

Acts 2010, ch. 727, § 3 provided that all funds for the tourism/wayfinding informational signage program to which subsection (c) applies shall be provided by the respective local government of each participating county or municipality as to the signs within their program.

4-3-2308. Sponsorship program for welcome centers or rest areas.

  1. The department of transportation may establish a sponsorship program that allows a person or entity to sponsor a welcome center or rest area. The department may consult the departments of safety and tourist development in developing the program. The department may enter into a sponsorship for the welcome centers and rest areas and acknowledge a sponsor for the provision of services, products, or monetary contributions. The sponsorship program authorized in this section shall be distinct from, and shall not impair, any commercial advertising or any other tourism promotion program operated by the department of tourist development within welcome centers.
  2. A sponsorship program shall allow the installation of acknowledgment signs or markers, or the inclusion of sponsorship messages on existing signs or markers, within the rest areas and welcome centers, and on the portions of the interstate system and state system of highways and associated rights-of-way near the rest areas and welcome centers.
  3. The department shall prefer sponsorship by persons or entities that have a transportation purpose or otherwise promote highway safety.
  4. This section does not authorize signs or markers, or inclusion of sponsorship messages, that advertise or promote commercial products or services through slogans, information on where to obtain the products and services, or other means.
  5. Sponsorship agreements, sponsorship policies, and signs or markers authorized under this section shall be consistent with:
    1. The Manual on Uniform Traffic Safety Devices;
    2. Order 5160.1A, Policy on Sponsorship Acknowledgment and Agreements within the Highway Right-of-Way dated April 7, 2014, issued by the federal highway administration; and
    3. Other applicable state and federal laws and guidelines.
  6. A person or entity that enters into a sponsorship agreement with the department for a sponsorship shall pay the costs of:
    1. Manufacturing and installing a sign or marker;
    2. Placing a sponsorship message on a sign or marker; and
    3. Removing a sponsorship message, sign, or marker after the expiration or termination of the sponsorship agreement.
  7. The revenue generated from a sponsorship for any facilities on which federal-aid funds are used shall be deposited into the highway fund to be used solely for highway purposes. The revenue generated from a sponsorship for any facilities on which federal-aid funds are not used shall be deposited into the highway fund to be used to offset costs associated with providing the facility being sponsored or for highway purposes; provided, that the department is urged to use the revenue for highway purposes. This section does not authorize nor apply to commercial advertising in kiosks or any other tourism promotion program operated within welcome centers. The revenue generated from such commercial advertising and tourism promotion programs shall be allocated to the department of tourist development and used for purposes set forth in §§ 4-3-2201 – 4-3-2209.
  8. If the department establishes a sponsorship program, then the department shall adopt a sponsorship policy on sponsorship agreements that applies to all welcome centers and rest areas along the highways of the interstate system and state system of highways and associated highways and highway rights-of-way; provided, that provisions of the policy regarding welcome centers shall be developed in cooperation with the department of tourist development. The sponsorship policy shall:
    1. Be subject to approval by the federal highway administration;
    2. Include requirements that eligible sponsors comply with state and federal laws prohibiting discrimination based on race, color, national origin, age, sex, religion, disability, or any other category under applicable laws;
    3. Include language requiring the department to terminate a sponsorship agreement, if it determines the sponsorship agreement or acknowledgment sign or marker:
      1. Presents a safety concern;
      2. Interferes with the free and safe flow of traffic; or
      3. Is not in the public interest; and
    4. Describe the types of sponsors and sponsorship agreements that are acceptable and consistent with applicable state and federal laws.
  9. A sponsorship message:
    1. Shall identify the sponsor as a sponsor of the welcome center or rest area and include only the name and logo of the sponsor;
    2. Shall not include, identify, or promote:
      1. Alcohol or tobacco products;
      2. Adult-oriented establishments, as defined in § 7-51-1102 or § 7-51-1401;
      3. Political candidacies, political issue advocacy, or political campaign advertising; or
      4. Any unlawful conduct or activities;
    3. Shall not resemble an official traffic-control device, as defined in § 55-8-101; and
    4. Shall comply with federal outdoor advertising regulations in accordance with 23 U.S.C. § 131.
  10. In consultation with the departments of safety and tourist development, the department of transportation is authorized to promulgate rules necessary to effectuate this section. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in chapter 5 of this title.

Acts 2015, ch. 454, § 1.

Compiler's Notes. Former § 4-3-2308 (Acts 2008, ch. 981, § 1; repealed by Acts 2013, ch. 308, § 21, effective July 1, 2013), concerned human service transportation, the study of coordination of resources, and inventory of grants or expenditures.

4-3-2309. Commercial advertising on the exterior of incident response HELP trucks.

  1. The department is authorized to allot space on the exterior of the incident response HELP trucks and enter into contracts for the purpose of obtaining commercial sponsorship for the HELP program.
  2. All revenue generated from any commercial sponsorship authorized by this section shall be deposited in the highway fund to be used solely for transportation purposes.
  3. Such commercial sponsorship shall not include, identify or promote:
    1. Alcohol or tobacco products;
    2. Adult-oriented establishments, as defined in § 7-51-1102 or § 7-51-1401;
    3. Political candidacies, political issue advocacy, or political campaign advertising as prohibited in § 2-19-144; or
    4. Any unlawful conduct or activities.
  4. The department shall prefer sponsorship by organizations that have a transportation purpose or otherwise promote highway safety.
    1. The sponsorship message shall identify the sponsor as a sponsor of the HELP program and otherwise shall include only the name and logo of the sponsor.
    2. The sponsorship message shall not be located on the front of the vehicle, including the front of the utility compartment, or on the cab of the vehicle, including the doors.
    3. The sponsorship message may be located on the storage compartment doors on either side of the utility compartment or on the back of the vehicle, excluding the message board or arrow board.
    4. The logo of the sponsor shall not exceed four hundred (400) square inches in size, and the lettering identifying the sponsor shall not exceed eight inches (8") in height.
  5. In consultation with the department of safety, the department of transportation is authorized to promulgate rules and regulations or adopt policies as needed to effectuate this section.

Acts 2011, ch. 143, § 1.

Compiler's Notes. Acts 2011, ch. 144, § 1 purported to add a new section concerning commercial advertising on the Tennessee 511 system as § 4-3-2309. Since Acts 2011, ch. 143, § 1 added § 4-3-2309, ch. 144 was added as § 4-3-2310.

Acts 2011, ch. 198, § 1 purported to add a new section concerning a special committee to study improvement of transportation services as § 4-3-2309. Since Acts 2011, ch. 143 § 1 added § 4-3-2309, ch. 198 was added as § 4-3-2311.

4-3-2310. Commercial advertising on the Tennessee 511 system.

  1. The department is authorized to obtain commercial sponsorship of the 511 system and to enter into contracts for this purpose.
  2. All revenue generated from any commercial sponsorship authorized by this section shall be deposited in the highway fund to be used solely for transportation purposes.
  3. Such commercial sponsorship shall not include, identify or promote:
    1. Alcohol or tobacco products;
    2. Adult-oriented establishments, as defined in § 7-51-1102 or § 7-51-1401;
    3. Political candidacies, political issue advocacy, or political campaign advertising, as prohibited in § 2-19-144; or
    4. Any unlawful conduct or activities.
  4. The department shall prefer sponsorships by organizations which have a transportation purpose or otherwise promote highway safety.
  5. In consultation with the department of safety, the department of transportation is authorized to promulgate rules and regulations or adopt policies as needed to effectuate this section.
  6. Sponsorship of the 511 system shall be limited to identification of sponsors of a traffic information message. Sponsors' recorded messages shall be not more than fifteen (15) seconds and may precede or follow the traffic information message. The commissioner of transportation or the commissioner's designee shall review and approve all recorded commercial sponsorship messages.

Acts 2011, ch. 144, § 1.

Compiler's Notes. Acts 2011, ch. 144, § 1 purported to add a new section concerning commercial advertising on the Tennessee 511 system as § 4-3-2309. Since Acts 2011, ch. 143, § 1, added § 4-3-2309, ch. 144 was added as § 4-3-2310.

4-3-2311. Special committee to study improvement of transportation services.

  1. For purposes of this section, “transportation services” means public transportation services and transportation services for populations needing specialized assistance.
    1. There is hereby created a special committee, to be known as “the coordination committee,” to study the improvement of the methods of delivery and coordination of transportation services by state departments and agencies, as well as transportation provided by local government and nonprofit agencies that are funded by state departments and agencies; the effectiveness of existing services and the need for new types of services; improvements in the effective use of existing funding by state departments and agencies to maximize financial efficiency; reduction of barriers to the effective funding of transportation services; identification of new sources of transportation funding; and improvement of universal mobility for Tennessee citizens and visitors.
    2. The coordination committee shall consist of the following persons and organizations:
      1. One (1) member of the transportation and safety committee of the senate and one (1) other member of the senate, each to be selected by the speaker of the senate;
      2. One (1) member of the transportation committee of the house of representatives and one (1) other member of the house of representatives, each to be selected by the speaker of the house of representatives;
      3. Two (2) representatives of the department of transportation;
      4. One (1) representative of the department of human services;
      5. One (1) representative of the department of children's services;
      6. One (1) representative of the department of finance and administration;
      7. One (1) representative of the Tennessee department of veterans services;
      8. One (1) representative of the bureau of TennCare;
      9. One (1) representative of the commission on aging and disability;
      10. One (1) representative of the Tennessee Public Transportation Association; and
      11. A representative from each department or state agency as deemed necessary by the department of transportation.
    3. The lead agency for supporting and staffing the coordination committee shall be the department of transportation.
    4. All appropriate state agencies shall provide assistance to the coordination committee upon request.
    5. All legislative members of the coordination committee who are duly elected members of the general assembly shall remain members of such committee until the committee reports its findings and recommendations to the general assembly. Nonlegislative members shall serve without compensation.
    6. The coordination committee shall only meet on days when the house of representatives and the senate are otherwise meeting in session or committee.
  2. Departmental representatives on the coordination committee shall represent such department's policy and operational levels. The coordination committee's purpose shall be to regularly coordinate the efforts of each agency as follows:
    1. Improve transportation coordination;
    2. Improve methods of delivery of passenger transportation;
    3. Improve effectiveness of service and improve overall financial efficiency;
    4. Improve universal mobility for Tennessee citizens and visitors; and
    5. Identify opportunities and barriers, and recommend solutions to improve transportation coordination.
  3. The coordination committee shall promote public education about the availability and use of transportation services in this state and provide such information to all departments in state government and to the general public.
  4. The coordination committee is directed to create a strategic transportation coordination plan that will guide its work for the next five (5) years. Such plan shall be updated every five (5) years.
  5. The department of transportation shall present an executive summary for the coordination committee to the transportation and safety committee of the senate and transportation committee of the house of representatives annually.
  6. It is the intent of the general assembly that all departments of state government effectuate this section using existing resources.

Acts 2011, ch. 198, § 1; 2013, ch. 236, §§ 88, 90; 2015, ch. 24, § 7.

Compiler's Notes. Acts 2011, ch. 198, § 1 purported to add a new section concerning a special committee to study improvement of transportation services as § 4-3-2309. Since Acts 2011, ch. 143 § 1 added § 4-3-2309, ch. 198 was added as § 4-3-2311.

Acts 2015, ch. 24, § 7 provided that the Tennessee Code Commission is requested to change references in Tennessee Code Annotated, as volumes are replaced and supplements are issued, from “veterans' affairs” and “veterans affairs” to “veterans services” wherever the language appears in reference to the name or commissioner of the Tennessee department of veterans services.

4-3-2312. Power of commissioner to enter into contracts for the purpose of stabilizing expenses for purchase of gasoline, diesel, or other fuels. [Effective until June 30, 2016. See Compiler's Notes.]

  1. Notwithstanding any other law to the contrary, the commissioner of transportation may enter into a negotiated contract or contracts with a bank, investment bank or other similar financial institution for the purpose of stabilizing the net expense of the department of transportation in the purchase of gasoline, diesel, or other fuels for the department's own use.
  2. The contracts entered into under this section may include, without limitation, financial instruments commonly referred to as hedges, futures, options, swap transactions, or any similar financial instrument for cost stabilization. The contracts authorized herein shall not be deemed contracts for services subject to former § 12-4-109 [See the Compiler’s Notes].
  3. Notwithstanding any other law to the contrary, the contracts authorized in this section may be procured in such manner pursuant to policy and executed in such form, all as approved by the state chief procurement officer, with the approval of the state funding board. Such policy shall provide, at a minimum, that the initial selection of financial institutions for the purpose of entering into such contracts shall be conducted by a public solicitation and request for qualifications, including credit worthiness and other factors as determined by the state chief procurement officer, with the approval of the state funding board.
  4. When entering into any contract authorized under this section, the written contract shall provide that the rights and remedies of the parties thereto shall be governed by the laws of this state or the laws of such other state or nation as may bear a reasonable relationship to the transaction; provided, however, that any suit, action, or proceeding at law or in equity against this state shall be brought solely in any court of competent jurisdiction in Davidson County.
  5. [Deleted by 2018 amendment.]
  6. The authority granted under this section is in addition to, and supplemental to, any existing authority granted under any other law but shall expire on June 30, 2016.

Acts 2012, ch. 683, § 1; 2018, ch. 628, § 4.

Compiler's Notes. Former § 12-4-109, referred to in this section, was recodified by Acts 2013, ch, 403, effective July 1, 2013.  Provisions similar to former § 12-4-109 were transferred to other sections within title 12, ch. 3, parts 1 and 3. See the table of disposition in the compiler's notes under § 12-4-101.

Section 4-3-2312 (Acts 2012, ch. 683, § 1), concerning the power of the commissioner to enter into contracts for the purpose of stabilizing expenses for purchase of gasoline, diesel, or other fuels, shall expire on June 30, 2016, by its own provisions.

4-3-2313. Aeronautics economic development fund.

  1. There is hereby created a segregated account within the state treasury to be known as the aeronautics economic development fund.
  2. The aeronautics economic development fund is composed of:
    1. Funds appropriated by the general assembly for the aeronautics economic development fund; and
    2. Gifts, grants, and other donations received by the department of transportation for the aeronautics economic development fund.
  3. Money in the aeronautics economic development fund may be used by the department of transportation for program administration, marketing expenses, and program evaluation; provided, however, such expenses shall not exceed five percent (5%) of the total amount appropriated for the program in any fiscal year.
  4. Subject to the availability of revenue at the end of each fiscal year, the commissioner of finance and administration is authorized to carry forward any amounts remaining in the aeronautics economic development fund or transfer any part of the fund to the revenue fluctuation reserve.
  5. Moneys in the aeronautics economic development fund shall be invested by the state treasurer pursuant to title 9, chapter 4, part 6, for the sole benefit of the aeronautics economic development fund, and interest accruing on investments and deposits of such fund shall be returned to such fund and remain part of the aeronautics economic development fund.
  6. It is the legislative intent that new commitments made by the commissioner of transportation for grants from the aeronautics economic development fund shall not exceed the appropriations made for the purposes of the aeronautics economic development fund. It is further the legislative intent that in each fiscal year the aeronautics economic development fund be managed so that actual expenditures and obligations to be recognized at the end of the fiscal year shall not exceed any available reserves and appropriations of the aeronautics economic development fund.

Acts 2016, ch. 1027, § 1.

4-3-2314. Grants from aeronautics economic development fund.

  1. Grants from the aeronautics economic development fund created by § 4-3-2313 may be made in all counties where the commissioner of transportation determines that such grants will have a direct impact on employment and investment opportunities in the future.
  2. Grants from the aeronautics economic development fund may be made only to local governments or their economic development organizations, other political subdivisions of the state, including airport authorities, or any subdivision of state government.
  3. Grants from the aeronautics economic development fund may be used to facilitate economic development activities related to aeronautics and aeronautics related programs and activities administered by local governments or their economic development organizations, other political subdivisions of the state, including airport authorities, or any subdivision of state government.

Acts 2016, ch. 1027, § 2.

Part 24
Department of the Treasury

4-3-2401. Creation — State treasurer as chief officer.

There is created the department of the treasury through which the state treasurer, who shall be the chief officer of the department, shall administer the duties imposed upon the state treasurer by law.

Acts 1959, ch. 9, § 9; T.C.A., § 4-339; modified.

Cross-References. Administration of board of claims, §§ 9-8-101, 9-8-102.

State treasurer as constitutional officer, appointment, Tenn. Const., art. VII, § 3.

4-3-2402. Department and treasurer subject to general laws.

The state treasurer, as the chief officer of the department, and the department shall be subject to all laws applying generally to heads of administrative departments and to administrative departments, not inconsistent with the state treasurer's status as a constitutional officer.

Acts 1959, ch. 9, § 9; T.C.A., § 4-339.

4-3-2403. Division of retirement — Retirement systems attached to division.

    1. A division of retirement is hereby created in the department of the treasury.
    2. The division shall attend to all duties heretofore performed by the personnel of such retirement systems as shall by law be attached to it, except those discretionary duties performed directly by the boards administering such retirement systems.
    3. The authority of retirement systems attached to the division of retirement to employ personnel is hereby abolished, but the authority of boards administering retirement systems is not otherwise impaired hereby.
  1. The following retirement systems are hereby attached to the division of retirement:
    1. The Tennessee consolidated retirement system;
    2. The Tennessee teachers' retirement system;
    3. The Tennessee state retirement system;
    4. The attorneys general retirement system of Tennessee; and
    5. The Tennessee judges' retirement system.

Acts 1959, ch. 9, § 9; impl. am. Acts 1969, ch. 209, § 1; impl. am. Acts 1969, ch. 210, § 1; T.C.A., § 4-340; Acts 1983, ch. 342, § 1; 2013, ch. 170, § 19.

Compiler's Notes. The retirement systems specified in subsection (b) have been repealed or superseded, but remain effective to define and protect existing rights. See the Appendix (“Superseded Retirement Systems”) to title 8.

Cross-References. Reorganization of divisions, § 4-4-101.

4-3-2404. State building commission personnel.

There shall be attached to the department of treasury personnel employed by the state building commission for all administrative purposes, except the discharge of the duties and functions directly required of such personnel by the state building commission.

Acts 2017, ch. 87, § 2.

Part 25
Department of Veterans Services

4-3-2501. Creation.

There is hereby created the department of veterans services.

Acts 1945, ch. 40, § 1; 1959, ch. 9, § 6; 1975, ch. 249, § 1; modified; 2015, ch. 24, §§ 1, 7.

Compiler's Notes. The department of veterans services, created by this section and § 4-3-101, terminates June 30, 2022. See §§ 4-29-112, 4-29-243.

Acts 2015, ch. 24,  § 7 provided that the Tennessee Code Commission is requested to change references in Tennessee Code Annotated, as volumes are replaced and supplements are issued, from “veterans’ affairs” and “veterans affairs” to “veterans services” wherever the language appears in reference to the name or commissioner of the Tennessee department of veterans services.

Acts 2015, ch. 24, § 8 provides that the department of veterans services may exhaust the existing stock of office products having the designation of the department or commissioner of veterans’ affairs prior to ordering new office products having the designation authorized by this act.

Cross-References. Creation of the department of veterans services, § 4-3-101.

War records furnished to department of veterans services by war records bureau, § 58-4-101.

4-3-2502. Commissioner.

The department of veterans services is under the charge and general supervision of the commissioner of veterans services.

Acts 1945, ch. 40, § 4; 1959, ch. 9, § 6; 1975, ch. 249, § 2; modified; 2015, ch. 24, §§ 1, 7.

Compiler's Notes. Acts 2015, ch. 24,  § 7 provided that the Tennessee Code Commission is requested to change references in Tennessee Code Annotated, as volumes are replaced and supplements are issued, from “veterans’ affairs” and “veterans affairs” to “veterans services” wherever the language appears in reference to the name or commissioner of the Tennessee department of veterans services.

4-3-2503. Powers and duties.

The department of veterans services and the commissioner of veterans services are vested with all the authority, powers and duties formerly imposed upon the staff division of veterans' affairs and the director of the department of veterans' affairs and as prescribed in title 58, chapter 3.

Acts 1959, ch. 9, § 6; 1975, ch. 249, § 3; T.C.A., § 4-331; 2015, ch. 24, §§ 2, 7.

Compiler's Notes. Acts 2015, ch. 24,  § 7 provided that the Tennessee Code Commission is requested to change references in Tennessee Code Annotated, as volumes are replaced and supplements are issued, from “veterans’ affairs” and “veterans affairs” to “veterans services” wherever the language appears in reference to the name or commissioner of the Tennessee department of veterans services.

Acts 2015, ch. 24, § 8 provides that the department of veterans services may exhaust the existing stock of office products having the designation of the department or commissioner of veterans’ affairs prior to ordering new office products having the designation authorized by this act.

Cross-References. Commission on aging and disability, commissioner as member, § 71-2-104.

Veterans' cemeteries, title 46, ch. 6.

4-3-2504. Youth programs — Department's activity restricted.

The department of veterans services is prohibited from developing, coordinating, administering, supervising or in any way assisting in the implementation or operation of the Tennessee Tomorrow Program or any other youth-in-public-service program. No funds that may be appropriated, transferred or otherwise made available to the department shall be expended or in any way utilized by the department on behalf of such programs.

Acts 1981, ch. 45, § 2; 2015, ch. 24, §§ 1, 7.

Compiler's Notes. Acts 2015, ch. 24,  § 7 provided that the Tennessee Code Commission is requested to change references in Tennessee Code Annotated, as volumes are replaced and supplements are issued, from “veterans’ affairs” and “veterans affairs” to “veterans services” wherever the language appears in reference to the name or commissioner of the Tennessee department of veterans services.

Part 26
[Reserved]

Part 27
Department of Intellectual and Developmental Disabilities

4-3-2701. Creation — General functions.

  1. There is created the department of intellectual and developmental disabilities.
  2. The general functions of the department are to coordinate, set standards for, plan for, monitor, and promote the development and provision of services and supports to meet the needs of persons with intellectual and developmental disabilities through the public and private sectors in this state as set out in applicable provisions of title 33.

Acts 2010, ch. 1100, § 10.

Compiler's Notes. The department of intellectual and developmental disabilities, created by this section and § 4-3-101, terminates June 30, 2023. See §§ 4-29-112, 4-29-244.

Acts 2010, ch. 1100, § 147 provided that a transition team shall be established within the division of intellectual disability services to facilitate the transition of the division into the department of intellectual and development disabilities. The transition team shall be led by the deputy commissioner of the division of intellectual disability services and shall consist of such other persons deemed necessary by the deputy commissioner as integral in establishing the department of intellectual and developmental disabilities. The transition team is encouraged to seek input from the various effected stakeholders and any past deputy commissioner of the division of intellectual disability services. The deputy commissioner shall call meetings of the transition team as needed; provided that at least one (1) meeting shall occur prior to August 1, 2010. The transition team shall review Acts 2010, ch. 1100 to facilitate transition and may make recommendations for amendments to Act 2010, ch. 1100 in furtherance of establishing the department of intellectual and developmental disabilities prior to the legislative bill filing cut off dates established for the first session of the one hundred seventh general assembly.

Acts 2010, ch. 1100, § 153 provided that the commissioner of mental health and developmental disabilities, the commissioner of mental health, the commissioner of intellectual and developmental disabilities, and the commissioner of finance and administration are authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

4-3-2702. Commissioner.

  1. The department of intellectual and developmental disabilities shall be in the charge of a commissioner, who shall be appointed by the governor in the same manner as are other commissioners and who shall have the same official status as other commissioners.
  2. The commissioner shall hold office at the pleasure of the governor, and the commissioner's compensation shall be fixed by the governor and paid from the appropriation available to such department.
  3. The commissioner shall be appointed without regard to residence on the basis of merit as measured by administrative abilities and a demonstrated quality of leadership, and must have a recognized graduate degree as a psychiatrist, doctor of medicine, behavioral scientist, social scientist, educator or other profession involved with human development, human welfare or human relations, with experience in public administration; and shall further have a professional background in the area of intellectual or developmental disabilities, and an understanding of the conditions of human development, intellectual or developmental disabilities, human welfare and social services.
  4. No person shall be eligible to appointment as commissioner unless such person is at least thirty (30) years of age and has five (5) years of administrative experience, including at least three (3) years of full time management experience in private enterprise, private practice or public service.

Acts 2010, ch. 1100, § 10; 2011, ch. 158, § 2.

Compiler's Notes. Acts 2010, ch. 1100, § 153 provided that the commissioner of mental health and developmental disabilities, the commissioner of mental health, the commissioner of intellectual and developmental disabilities, and the commissioner of finance and administration are authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

4-3-2703. Powers and duties.

  1. The department of intellectual and developmental disabilities has jurisdiction and control over the intellectual and developmental disabilities facilities of the state, regardless of the names by which the facilities are known.
  2. The department, through its appropriate officials, has the duty and power to provide the best possible care for persons with intellectual and developmental disabilities in the state by improving existing facilities, by developing future facilities and programs, and by adopting a preventive program for intellectual and developmental disabilities, all as provided in title 33, with control over those services and supports as set out in title 33, chapter 5.
  3. Licensing of these facilities shall be the responsibility of the department of intellectual and developmental disabilities under title 33, chapter 2, part 4.

Acts 2010, ch. 1100, § 10;  2012, ch. 1010, § 1.

Compiler's Notes. Acts 2010, ch. 1100, § 153 provided that the commissioner of mental health and developmental disabilities, the commissioner of mental health, the commissioner of intellectual and developmental disabilities, and the commissioner of finance and administration are authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

4-3-2704. Construction with federal law, rule or regulation.

Any provision of chapter 1100 of the Public Acts of 2010, or application thereof, which is inconsistent with federal law, rule or regulation shall be deemed to be construed as being consistent with federal law, rule or regulation.

Acts 2010, ch. 1100, § 148.

Compiler's Notes. Acts 2010, ch. 1100, § 146 provided that a transition team shall be established within the division of intellectual disability services to facilitate the transition of the division into the department of intellectual and development disabilities. The transition team shall be led by the deputy commissioner of the division of intellectual disability services and shall consist of such other persons deemed necessary by the deputy commissioner as integral in establishing the department of intellectual and developmental disabilities. The transition team is encouraged to seek input from the various effected stakeholders and any past deputy commissioner of the division of intellectual disability services. The deputy commissioner shall call meetings of the transition team as needed; provided that at least one (1) meeting shall occur prior to August 1, 2010. The transition team shall review Acts 2010, ch. 1100 to facilitate transition and may make recommendations for amendments to Act 2010, ch. 1100 in furtherance of establishing the department of intellectual and developmental disabilities prior to the legislative bill filing cut off dates established for the first session of the one hundred seventh general assembly.

Acts 2010, ch. 1100, § 153 provided that the commissioner of mental health and developmental disabilities, the commissioner of mental health, the commissioner of intellectual and developmental disabilities, and the commissioner of finance and administration are authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

4-3-2705. Transfer to the department of intellectual and developmental disabilities.

  1. Notwithstanding any law to the contrary, on January 15, 2011, all duties of the department of mental health and substance abuse services and the department of finance and administration, whose duties fall within those duties required to be performed by the department of intellectual and developmental disabilities pursuant to chapter 1100 of the Public Acts of 2010, shall be transferred to the department of intellectual and developmental disabilities.
  2. Notwithstanding any law to the contrary, on January 15, 2011, all employees of the department of mental health and substance abuse services and the department of finance and administration, whose duties fall within those duties transferred to the department of intellectual and developmental disabilities pursuant to chapter 1100 of the Public Acts of 2010, shall be transferred to the department of intellectual and developmental disabilities.
  3. All reports, documents, surveys, books, records, papers or other writings in the possession of the department of mental health and substance abuse services or the department of finance and administration with respect to administering the provisions of title 33, chapter 5, assigned to the department of intellectual and developmental disabilities by chapter 1100 of the Public Acts of 2010, shall be transferred to and remain in the custody of the department of intellectual and developmental disabilities. The transfer of all such reports, documents, surveys, books, records, papers or other writings shall be subject to any necessary consent by a federal court due to the requirements of litigation.
  4. All leases, contracts and all contract rights and responsibilities in existence with the department of mental health and substance abuse services and the department of finance and administration with respect to the duties transferred by this act to the department of intellectual and developmental disabilities shall be preserved and transferred to the department of intellectual and developmental disabilities.
  5. All assets, liabilities and obligations of the department of mental health and substance abuse services and the department of finance and administration with respect to the duties transferred by chapter 1100 of the Public Acts of 2010 to the department of intellectual and developmental disabilities shall become the assets, liabilities and obligations of the department of intellectual and developmental disabilities.

Acts 2010, ch. 1100, § 149; 2012, ch. 575, § 1.

Compiler's Notes. Acts 2010, ch. 1100, § 153 provided that the commissioner of mental health and developmental disabilities, the commissioner of mental health, the commissioner of intellectual and developmental disabilities, and the commissioner of finance and administration are authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Cross-References. Creation of the department of mental health and substance abuse services, §§ 4-3-101, 4-3-1601.

4-3-2706. Continuing effect of contracts and leases.

  1. Contracts or leases entered into prior to January 15, 2011, with respect to any program or function transferred to the department of intellectual and developmental disabilities with any entity, corporation, agency, enterprise or person, shall continue in full force and effect as to all essential provisions in accordance with the terms and conditions of the contracts in existence on January 15, 2011, to the same extent as if such contracts had originally been entered into by and between such entity, corporation, agency, enterprise or person and the department of intellectual and developmental disabilities, unless and until such contracts or leases are amended or modified by the parties thereto or until the expiration of such contract.
  2. This part shall not be implemented in any manner which violates the prohibition against impairment of contract obligations as contained in the Constitution of Tennessee, Article I, § 20.

Acts 2010, ch. 1100, § 150.

Compiler's Notes. Acts 2010, ch. 1100, § 153 provided that the commissioner of mental health and developmental disabilities, the commissioner of mental health, the commissioner of intellectual and developmental disabilities, and the commissioner of finance and administration are authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

4-3-2707. Authority of the department.

On January 15, 2011, the department of intellectual and developmental disabilities, through its commissioner, shall have the authority to receive, administer, allocate, disburse and supervise any grants and funds from whatever sources, including, but not limited to, the federal, state, county and municipal governments on a state, regional, county or any other basis, with respect to any programs or responsibilities outlined in chapter 1100 of the Public Acts of 2010, or assigned to the department of intellectual and developmental disabilities by law, regulation or order. Exercise of this authority shall not be inconsistent with laws or regulations governing the appropriation and disbursement of funds as administered by the department of finance and administration.

Acts 2010, ch. 1100, § 151.

Compiler's Notes. Acts 2010, ch. 1100, § 153 provided that the commissioner of mental health and developmental disabilities, the commissioner of mental health, the commissioner of intellectual and developmental disabilities, and the commissioner of finance and administration are authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

4-3-2708. Continuing effect of current rules, regulations, orders, decisions and policies.

All current rules, regulations, orders, decisions and policies heretofore issued or promulgated by an agency of state government whose functions have been transferred under chapter 1100 of the Public Acts of 2010, to the department of intellectual and developmental disabilities shall remain in full force and effect and shall hereafter be administered and enforced by the department of intellectual and developmental disabilities. To this end, the department of intellectual and developmental disabilities, through its commissioner, shall have the authority, consistent with the statutes and regulations pertaining to the programs and functions transferred herein, to modify or rescind orders, rules and regulations, decisions or policies heretofore issued and to adopt, issue or promulgate new orders, rules and regulations, decisions or policies as may be necessary for the administration of the programs or functions herein transferred.

Acts 2010, ch. 1100, § 152.

Compiler's Notes. Acts 2010, ch. 1100, § 153 provided that the commissioner of mental health and developmental disabilities, the commissioner of mental health, the commissioner of intellectual and developmental disabilities, and the commissioner of finance and administration are authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

4-3-2709. Construction of part.

Nothing in this part shall be construed as expanding or reducing programs or services or as expanding or reducing eligibility for such programs or services.

Acts 2010, ch. 1100, § 154.

Compiler's Notes. Acts 2010, ch. 1100, § 153 provided that the commissioner of mental health and developmental disabilities, the commissioner of mental health, the commissioner of intellectual and developmental disabilities, and the commissioner of finance and administration are authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

4-3-2710. No reimbursement for travel expenses — Exhaustion of existing supplies and materials.

  1. Notwithstanding any law to the contrary, members of the statewide planning and policy council for the department of intellectual and developmental disabilities created by § 33-5-601 shall serve without reimbursement for their actual travel expenses.
  2. All agencies effected by chapter 1100 of the Public Acts of 2010, shall exhaust existing supplies and materials, including letterhead, brochures and pamphlets, and shall make every effort to eliminate or minimize other expenses due to the creation of the department of intellectual and developmental disabilities.

Acts 2010, ch. 1100, § 155.

Compiler's Notes. Acts 2010, ch. 1100, § 157 provided that subsection (a) of this section shall take effect January 15, 2011, and that subsection (b) shall take effect June 23, 2010.

Acts 2010, ch. 1100, § 153 provided that the commissioner of mental health and developmental disabilities, the commissioner of mental health, the commissioner of intellectual and developmental disabilities, and the commissioner of finance and administration are authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

4-3-2711. Council on autism spectrum disorder.

  1. There is created the Tennessee council on autism spectrum disorder to establish a long-term plan for a system of care for individuals with autism spectrum disorder and their families. The council shall make recommendations and provide leadership in program development regarding matters concerning all levels of autism spectrum disorder services, including, but not limited to, health care, education, and other adult, adolescent, and children's services.
  2. The council shall consist of the following members:
    1. The commissioner of intellectual and developmental disabilities or the commissioner's designee;
    2. The commissioner of health or the commissioner's designee;
    3. The commissioner of education or the commissioner's designee;
    4. The commissioner of human services or the commissioner's designee;
    5. The commissioner of commerce and insurance or the commissioner's designee;
    6. The deputy commissioner of the bureau of TennCare or the deputy commissioner's designee;
    7. The commissioner of mental health and substance abuse services or the commissioner's designee;
    8. The executive director of the commission on children and youth or the executive director's designee;
    9. One (1) representative of the council on developmental disabilities; and
      1. Nine (9) adults who have a diagnosis of autism spectrum disorder, or who are either family members or primary caregivers of persons with a diagnosis of autism spectrum disorder. Three (3) of these adult members shall represent each grand division of the state, and these persons shall be appointed by the governor after the governor receives nominations from Tennessee not-for-profit organizations that serve persons with autism spectrum disorder and their families;
      2. Initial appointees to the council pursuant to subdivision (b)(10)(A) shall serve staggered terms as follows:
        1. Persons appointed from the western grand division shall serve initial terms terminating on June 30, 2019;
        2. Persons appointed from the middle grand division shall serve initial terms terminating on June 30, 2020; and
        3. Persons appointed from the eastern grand division shall serve initial terms terminating on June 30, 2021;
      3. Following the expiration of members' initial terms as prescribed in subdivision (b)(10)(B), all appointments to the council shall be for terms of three (3) years and shall begin on July 1 and terminate on June 30, three (3) years thereafter;
      4. All members shall serve until the expiration of the term to which they were appointed and until their successors are appointed and qualified;
      5. Successors shall be appointed from the same grand divisions from which the members they are replacing were initially appointed;
      6. Members shall be eligible for reappointment to the council following the expiration of their terms, but shall serve no more than two (2) consecutive three-year terms.
  3. A majority of the members shall constitute a quorum. The governor shall appoint a chair from the members named to the council.
  4. The council shall meet quarterly and may meet more often upon a call of the chair.
  5. The council shall be administratively attached to the department of intellectual and developmental disabilities. All appropriate agencies of state government shall provide assistance to the council upon request of the council.
  6. If vacancies occur on the council for any cause, the vacancies shall be filled by the respective appointing authority within sixty (60) days for the duration of the unexpired term, if applicable.
  7. No council members shall receive compensation, nor shall members be entitled to reimbursement for actual travel and other expenses incurred in attending any meeting and in performing any duties prescribed in this part.
  8. The council shall:
    1. Assess the current and future impact of autism spectrum disorder on the residents of the state;
    2. Assess the availability of programs and services currently provided for early screening, diagnosis, and treatment of autism spectrum disorder;
    3. Seek additional input and recommendations from stakeholders, including, but not limited to, families, providers, clinicians, institutions of higher education, and those concerned with the health and quality of life for individuals with autism spectrum disorder;
    4. Develop a comprehensive statewide plan for an integrated system of training, treatment, and services for individuals with autism spectrum disorder;
    5. Ensure interagency collaboration as the comprehensive statewide system of care for individuals with autism spectrum disorder is developed and implemented;
    6. Coordinate available resources related to developing and implementing a system of care for individuals with autism spectrum disorder; and
    7. Coordinate state budget requests related to systems of care for individuals with autism spectrum disorder based on the studies and recommendations of the council.

Acts 2017, ch. 86, § 1.

Compiler's Notes. The Tennessee council on autism spectrum disorder, created by this section, terminates June 30, 2021. See §§ 4-29-112, 4-29-242.

Cross-References. Grand divisions, title 4, ch. 1, part 2.

Part 28
Nonprofit Organization for Support and Enhancement of Volunteer Tennessee

4-3-2801. Creation of a nonprofit citizen support organization.

In order to maintain and enhance the purposes, programs and functions of Volunteer Tennessee, including, but not limited to, overseeing federal grants and training services to support AmeriCorps, Learn and Serve America, the governor's Volunteer Stars awards and volunteer centers throughout the state, a nonprofit citizen support organization may be organized, and the commissioner of finance and administration, after approval of the board of directors of Volunteer Tennessee, may enter into agreements with such organizations for the purpose of providing support, financial and otherwise, to Volunteer Tennessee. The agreement shall be forwarded to the comptroller of the treasury for review and comment prior to the execution by an authorized state official. It is the legislative intent that any revenues generated by such citizen support organization be used to directly enhance Volunteer Tennessee's programs and services.

Acts 2011, ch. 200, § 1.

4-3-2802. Part definitions.

As used in this part, unless the context otherwise requires:

  1. “Citizen support organization” means an organization which:
    1. Is organized as a nonprofit corporation, or is otherwise qualified to do business in Tennessee as a nonprofit corporation, pursuant to title 48, chapter 51;
    2. Is exempt from payment of federal income taxes pursuant to § 501(c) of the Internal Revenue Code of 1986 (26 U.S.C. § 501(c)), as it may be amended from time to time;
    3. Is incorporated for purposes which are consistent with the goals, objectives, programs, responsibilities, and functions of Volunteer Tennessee as provided in Executive Order No. 42 of 2006, as determined by the governor; and
    4. Provides equal opportunities and membership to all persons regardless of race, color, national origin, sex, religion, age, handicap or any other constitutionally protected classification;
  2. “Commissioner” means the commissioner of finance and administration or the commissioner's designee or, in the event of the commissioner's or designee's absence or vacancy in the office of the commissioner, the deputy commissioner; and
  3. “Department” means the department of finance and administration.

Acts 2011, ch. 200, § 1.

4-3-2803. Agreement with citizen support organization.

The commissioner, upon the approval of the board of directors of Volunteer Tennessee, may enter into an agreement with a citizen support organization for purposes consistent with this part if the commissioner determines it is in the best interest of Volunteer Tennessee.

Acts 2011, ch. 200, § 1.

4-3-2804. Activities.

A citizen support organization which enters into an agreement with the commissioner may provide support, assistance, or cooperation to Volunteer Tennessee or Volunteer Tennessee events generally, including, but not limited to:

  1. Financial support, whether through donation, gift or otherwise, for Volunteer Tennessee programs, property or other program purposes;
  2. Volunteer personnel services or monetary contributions for adding positions for Volunteer Tennessee services;
  3. Equipment or other goods;
  4. The gift or donation of money to fund programs and exhibits or to procure equipment, materials, books, or services; and
  5. Exhibits and materials for display and related equipment and material.

Acts 2011, ch. 200, § 1.

4-3-2805. Use of property and facilities of the Volunteer Tennessee program.

If the commissioner enters into an agreement with a citizen support organization, the commissioner may authorize such organization limited use, under such conditions as the commissioner may prescribe, of property or facilities of the Volunteer Tennessee program to carry out its specific support activities.

Acts 2011, ch. 200, § 1.

4-3-2806. Assistance by the commissioner.

The commissioner, through the executive director of Volunteer Tennessee, may assist organizers of a citizen support organization with the creation of such organization and may provide technical assistance to the organization after its incorporation. However, it is the responsibility of the citizen support organization to ensure that the organization is lawfully incorporated and operating.

Acts 2011, ch. 200, § 1.

4-3-2807. Audits — Books and records.

  1. All annual reports and all books of accounts and financial records of a citizen support organization shall be subject to audit annually by the comptroller of the treasury. With prior approval of the comptroller of the treasury, the audit may be performed by a licensed independent public accountant selected by the citizen support organization. If an independent public accountant is employed, the audit contract between the citizen support organization and the independent public accountant shall be on contract forms prescribed by the comptroller of the treasury. The cost of any audit shall be paid by the citizen support organization.
  2. 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.
  3. One (1) copy of each audit shall be furnished to each member of the board of the citizen support organization, the department, and the comptroller of the treasury.
  4. The department and the comptroller of the treasury, or their designated representative, shall have access to the citizen support organization's books, records, and accounts whenever deemed necessary by either office.
  5. If the comptroller of the treasury determines that due to size or insignificant financial activities by a citizen support organization the requirement of this section for an audit is unnecessary or would be burdensome on a citizen support organization, then the comptroller of the treasury may waive the required audit.

Acts 2011, ch. 200, § 1.

4-3-2808. Gifts and donations.

  1. Any monetary gifts, donations, or other good or service received by the department or the commissioner from a citizen support organization and designated by the citizen support organization for the benefit of a Volunteer Tennessee program, shall be deposited directly to the account for the specific program of Volunteer Tennessee or to the general account for direct support to Volunteer Tennessee, shall not revert to the general fund at the end of the fiscal year and shall be retained in the account until expended, notwithstanding any law to the contrary.
  2. Any gifts of equipment, materials, or other personal property to Volunteer Tennessee shall be used solely at Volunteer Tennessee unless the commissioner determines such property should be used for another program.

Acts 2011, ch. 200, § 1.

4-3-2809. Dissolution.

In the event a citizen support organization dissolves, then any funds remaining after dissolution shall be donated to Volunteer Tennessee and shall be deposited, as provided in Executive Order No. 42 of 2006, as determined by the governor, and applied for Volunteer Tennessee programs, services or facilities.

Acts 2011, ch. 200, § 1.

4-3-2810. Rules and regulations.

The commissioner is authorized to promulgate rules and regulations to effectuate the purposes of this part. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in chapter 5 of this title.

Acts 2011, ch. 200, § 1.

Part 29
[Reserved]

Part 30
Human Trafficking Advisory Council

4-3-3001. Human trafficking advisory council — purpose — meetings.

The Tennessee bureau of investigation shall form a human trafficking advisory council, which shall convene on an as-needed basis to further develop and implement a state plan for the prevention of human trafficking; provided, that the council shall convene at least one (1) meeting each January regarding legislation.

Acts 2015, ch. 510, § 1.

Code Commission Notes.

Acts 2015, ch. 510, § 1 repealed and reenacted this part with one section.  By authority of the Code Commission, the section has been codified as two sections, §§  4-3-3001 and 4-3-3002.

Compiler's Notes. Former part, §§ 4-3-30014-3-3005 (Acts 2013, ch. 464, § 1), concerning the human trafficking task force, was repealed and reenacted by Acts 2015, ch. 510, § 1, effective July 1, 2015.

For the Preamble to the act concerning the reformation of the entity examining the issue of human trafficking in Tennessee into the Human Trafficking Advisory Council under the direction of the Tennessee Bureau of Investigation, see Acts 2015, ch. 510.

Cross-References. Offense of human trafficking, § 39-13-314.

Tennessee Human Trafficking Resource Center Hotline Act, §  39-13-313.

Trafficking in children, title 37, ch. 5, part 4.

Victims of human trafficking, § 71-1-135.

4-3-3002. Advisory council.

The Tennessee bureau of investigation shall appoint appropriate persons as leadership of the advisory council. Membership of the advisory council shall consist of:

  1. At least one (1) representative from the Tennessee bureau of investigation serving as leadership for the advisory council;
  2. One (1) representative from each of the following:
    1. Office of the attorney general and reporter;
    2. Department of labor and workforce development;
    3. Tennessee association of chiefs of police;
    4. Tennessee sheriffs' association;
    5. Department of safety;
    6. District attorneys general conference;
    7. District public defenders conference;
    8. Department of health;
    9. Department of children's services;
    10. Department of human services; and
    11. Alcoholic beverage commission;
  3. At least one (1) representative from each of the following entities, associations, or categories:
    1. A nongovernmental organization specializing in human trafficking;
    2. A member of a community or group disproportionately affected by human trafficking;
    3. An agency or group specializing in child services and runaway services;
    4. An academic researcher specializing in human trafficking; and
    5. A victim of human trafficking; and
  4. One (1) member of the house of representatives to be appointed by the speaker of the house of representatives and one (1) member of the senate to be appointed by the speaker of the senate.

Acts 2015, ch. 510, § 1; 2020, ch. 602, § 1.

Code Commission Notes.

Acts 2015, ch. 510, § 1 repealed and reenacted this part with one section.  By authority of the Code Commission, the section has been codified as two sections, §§  4-3-3001 and 4-3-3002.

Compiler's Notes. Former part, §§ 4-3-30014-3-3005 (Acts 2013, ch. 464, § 1), concerning the human trafficking task force, was repealed and reenacted by Acts 2015, ch. 510, § 1, effective July 1, 2015.

For the Preamble to the act concerning the reformation of the entity examining the issue of human trafficking in Tennessee into the Human Trafficking Advisory Council under the direction of the Tennessee Bureau of Investigation, see Acts 2015, ch. 510.

Cross-References. Offense of human trafficking, § 39-13-314.

Tennessee Human Trafficking Resource Center Hotline Act, §  39-13-313.

Trafficking in children, title 37, ch. 5, part 4.

Victims of human trafficking, § 71-1-135.

Parts 31-48
[Reserved]

4-3-4901. Short title — Purpose.

This part shall be known and may be cited as the “Tennessee Visual Content Modernization Act of 2018” and is enacted for the purpose of providing incentive grants that encourage the production of films, movies, television pilots and programs, computer-generated imagery and interactive digital media, and stand-alone post-production scoring and editing in this state.

Acts 2006, ch. 916, § 2; 2018, ch. 919, § 5.

4-3-4902. Part definitions.

As used in this part, unless the context otherwise requires:

  1. “Commission” means the Tennessee film, entertainment and music commission;
  2. “Commissioner” means the commissioner of economic and community development;
  3. “Department” means the department of economic and community development;
  4. “Executive director” means the director of the commission;
  5. “Film/TV fund” means the Tennessee film/television incentive fund;
  6. “Minority participant” means an individual who is impeded from normal entry into the economic mainstream because of race, religion, sex or national origin;
  7. “Production activities” means activities related to the production of entertainment properties;
  8. “Production company” means any person or entity that produces a film, movie, pilot, or show in this state; develops computer-generated imagery or interactive digital media, including audiovisual streaming services, in this state; or produces stand-alone post-production scoring and editing in this state;
  9. “State-certified production” means a film, movie, pilot, or show; computer-generated imagery or interactive digital media, including audiovisual streaming services; or stand-alone post-production scoring and editing, that meets the criteria established by the commission to receive an incentive grant; and
  10. “Tennessee motion picture and television incentive grant” or “incentive grant” means a grant for a state-certified production that is approved by the department to receive a grant based upon the recommendation of the executive director.

Acts 2006, ch. 916, § 3; 2018, ch. 919, §§ 1, 2.

4-3-4903. Tennessee film/TV incentive fund.

  1. The film/TV fund is established as a separate account in the general fund and shall be administered by the department.
  2. The film/TV fund is composed of:
    1. Funds appropriated by the general assembly for the film/TV fund; and
    2. Gifts, grants and other donations received by the department or the commission for the film/TV fund.
    1. Moneys in the film/TV fund shall be appropriated and expended to provide incentive grants to production companies for use in producing state-certified productions and may be used by the department to defray the expenses of administering this section, including marketing expenses; provided, however, that the expenses shall not exceed five percent (5%) of the total amount appropriated for the program in any fiscal year.
    2. The amount of each grant awarded pursuant to this section shall not exceed twenty-five percent (25%) of the total expenses incurred by a production company for a project; except, however, the department may award grants in excess of this amount if deemed appropriate by the department. It is the legislative intent that funding be appropriated each year in the general appropriations act for awarding grants. It is further the legislative intent that the department strive to award the maximum amount of incentive grants authorized by this section due to the amendments to § 67-4-2109(j) provided in chapter 1026, § 10 of the Public Acts of 2012, which added §  67-4-2109(j)(6).
  3. Moneys in the film/TV fund shall be invested by the state treasurer pursuant to title 9, chapter 4, part 6, for the sole benefit of the film/TV fund, and interest accruing on investments and deposits of the fund shall be returned to the fund and remain part of the film/TV fund.
  4. Subject to the availability of revenue at the end of each fiscal year, the commissioner of finance and administration is authorized to carry forward any amounts remaining in the film/TV fund or transfer any part of the fund to the revenue fluctuation reserve.
  5. It is the intent of the general assembly that, to the extent practicable, moneys from the film/TV fund shall be used to provide incentive grants to production projects in all areas of the state.
  6. It is the intent of the general assembly that the commission shall actively encourage independent producers and minority participants to apply for incentive grants.
  7. Incentive grants from the film/TV fund shall not exceed the amount available in the fund at any time. No less frequently than biannually, the executive director shall report to the commissioner of finance and administration on the status of the incentive grant program, such report to include at least the following information: the amount of each grant awarded since the previous report and the name of the production company receiving the benefit of each grant, the total amount of outstanding grants and the total unobligated amount in the film/TV fund. A copy of each report shall be transmitted to the speaker of the house of representatives and the speaker of the senate, the chairs of the finance, ways and means committees of the senate and the house of representatives, the state treasurer, the comptroller of the treasury and the office of legislative budget analysis.
  8. The department shall promulgate rules and regulations as the department may deem necessary to effectuate the purposes of this part. All rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in chapter 5 of this title.

Acts 2006, ch. 916, § 4; 2010, ch. 1030, § 3; 2012, ch. 1026, §§ 8, 9; 2018, ch. 919, § 3.

Part 50
Tennessee Film, Entertainment and Music Commission Act of 1987

4-3-5001. Short title.

This part shall be known and may be cited as the “Tennessee Film, Entertainment and Music Commission Act of 1987.”

Acts 1987, ch. 288 § 1.

Compiler's Notes. Former part 50, §§ 4-3-50014-3-5004 (Acts 1980, ch. 848, §§ 1, 3-5; 1981, ch. 294, §§ 1-3), concerning the office of film and television production (formerly the Tennessee film, tape, and music commission) and the advisory commission thereto, was repealed by Acts 1987, ch. 288, § 1; Acts 1987, ch. 356, § 2(b); and Acts 1987, ch. 358, § 2(b).

4-3-5002. Part definitions.

As used in this part, unless the context otherwise requires:

  1. “Entertainment properties” means motion pictures, television programs, computer-generated imagery, interactive digital media, stand-alone post-production scoring and editing, sound recordings, and other audio, video, or audiovisual programs produced for distribution to the public;
  2. “Local government” means any county, municipality, city or other political subdivision of this state;
  3. “Production activities” mean activities related to the production of entertainment properties; and
  4. “Production facilities” mean streets, roads, highways, buildings, real or personal property or personal services.

Acts 1987, ch. 288, § 1; 2018, ch. 919, § 4.

Compiler's Notes. Former part 50, §§ 4-3-5001 - 4-3-5004 (Acts 1980, ch. 848, §§ 1, 3-5; 1981, ch. 294, §§ 1-3), concerning the office of film and television production (formerly the Tennessee film, tape, and music commission) and the advisory commission thereto, was repealed by Acts 1987, ch. 288, § 1; Acts 1987, ch. 356, § 2(b); and Acts 1987, ch. 358, § 2(b).