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Tennessee Statutes, Title 4

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Tennessee/Statutes

← All Tennessee coverage

Title 4, State Government

58 chapters · 1,298 sections in this title.

All chapters in Title 41,298 Ch 3, Creation, Organization and Powers of…307 Ch 31, Tennessee Local Development Authorit…132 Ch 1, General Provisions104 Ch 5, Uniform Administrative Procedures Act75 Ch 6, Department of Correction — Administr…52 Ch 21, Human Rights52 Ch 49, Tennessee Sports Gaming Act44 Ch 7, Highway Patrol42 Ch 51, Tennessee Education Lottery Implemen…42 Ch 29, Tennessee Governmental Entity Review Law40 Ch 13, Historic Properties31 Ch 11, Historian and Historical Commission29 Ch 4, Administration of State Departments25 Ch 8, State Capitol and Annexes23

132 sections·Filtered byTitle 4✕Ch 31✕

Tenn. Code Ann. § 4-31-1001 Short title
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This part shall be known and may be cited as the “Tennessee Lottery Funds for Education Projects Loan Act of 2003.”
Tenn. Code Ann. § 4-31-1002 Legislative intent
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(a) The general assembly finds and declares that:(1) Financing costs incurred by local governments in connection with education projects are a significant factor in the ability of the local governments to meet the kindergarten through grade twelve (K-12) educational needs of thei…
Tenn. Code Ann. § 4-31-1003 Part definitions
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(1) As used in this part, unless the context otherwise requires:(1) “Authority” means the Tennessee local development authority;(2) “Construction” means the building, reconstruction, creation, replacement, extension, repairing, betterment, improvement, alteration, equipment, exte…
Tenn. Code Ann. § 4-31-1004 Power and authority
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(a) In addition to the powers otherwise granted by law, the authority has the power and is authorized to make loans to any local government unit to finance the construction of education projects pursuant to a loan agreement between the local government unit and the authority. Suc…

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Tenn. Code Ann. § 4-31-1005 Loan agreements

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(a) Subject to any existing contractual obligations of the local government unit and the local education agency, the authority may enter into loan agreements with any local government unit and any local government unit may enter into loan agreements with the authority for loans f…

Tenn. Code Ann. § 4-31-1006 Levy and collection of tax to pay for loan

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(a) Whenever, and as often as, a local government unit enters into a loan agreement with the authority under this part, the governing body of such local government unit shall provide by resolution for the levy and collection of a tax upon all taxable property within the local gov…

Tenn. Code Ann. § 4-31-1007 Failure to remit funds

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(a) In the event any local government unit having entered into a loan agreement shall fail to remit funds in accordance with a loan agreement, the authority shall notify the commissioner of education who shall instruct the commissioner of finance and administration to deliver wit…

Tenn. Code Ann. § 4-31-1008 Rights of the authority

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The authority has the right, in addition to all other rights, by mandamus or other suit, action, or proceeding in any court of competent jurisdiction, to require the local government unit, the governing body, and any proper officer, agent, or employee of the local government unit…

Tenn. Code Ann. § 4-31-1009 Limits on indebtedness

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Local government units may enter into loan agreements under this part notwithstanding and without regard to any limit on indebtedness provided by law.

Tenn. Code Ann. § 4-31-101 Short title

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This chapter shall be known and may be cited as the “Tennessee Local Development Authority Act.”

Tenn. Code Ann. § 4-31-1010 Resolutions

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All action required or authorized to be taken under this part by the governing body of any local government unit may be by resolution, which resolution may be adopted at the meeting of the governing body at which such resolution is introduced, and shall take effect immediately up…

Tenn. Code Ann. § 4-31-1011 Provisions supplemental

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(a) This part shall be in addition to and supplemental to any other law providing for the financing of education projects by local government units. (b) Notwithstanding any law to the contrary, no proceedings by a local government unit or local education agency shall be required …

Tenn. Code Ann. § 4-31-1012 Pledges

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(a) Any pledge made by the authority pursuant to this chapter, or by a local government unit pursuant to a loan program agreement, or by a local education agency in connection therewith shall be valid and binding from the time when the pledge is made, the moneys or property so pl…

Tenn. Code Ann. § 4-31-102 Chapter definitions

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(1) As used in this chapter, unless the context otherwise requires:(1) “Agricultural development loan program” means the authority's program of providing loans to lenders or purchasing loans from lenders for the purpose of making funds available for the financing of agricultural …

Tenn. Code Ann. § 4-31-103 Authority created — Organization and administration

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(a) There is hereby created a body, politic and corporate, to be known as the “Tennessee local development authority.” (b) The authority shall be a public agency and an instrumentality of the state and shall be deemed to be acting in all respects for the benefit of the people of …

Tenn. Code Ann. § 4-31-104 Powers

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(1) Except as otherwise limited by this chapter, the authority has the power to:(1) Sue and be sued;(2) Have a seal and alter the same at pleasure;(3) Make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under t…

Tenn. Code Ann. § 4-31-105 Bonds and notes — Issuance and terms — Designation of state-shared taxes

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(a) (1) (A) Whenever the authority is authorized by law to issue bonds or notes, the bonds and notes shall be authorized by resolution of the authority, may be in one (1) or more series, shall bear such date or dates, and shall mature at such time or times, in the case of any suc…

Tenn. Code Ann. § 4-31-106 Bonds and notes — Default — Remedies

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(a) In the event that the authority shall default in the payment of principal of or interest and premium, if any, on bonds or notes similarly secured after the same shall become due, whether at maturity or upon call for redemption, and such default shall continue for a period of …

Tenn. Code Ann. § 4-31-107 Bonds and notes — Issuance to fund state loan programs

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(a) For the purpose of providing moneys to make program loans under the state loan programs or to retire general obligation bond anticipation notes of the state issued to provide interim financing for such program loans the authority, in addition to the powers otherwise granted b…

Tenn. Code Ann. § 4-31-108 Program loans — Comptroller's certification — Handling of funds

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(a) The comptroller of the treasury shall file a certificate with the authority setting forth with respect to each local government unit that will receive a program loan:(1) The name of such local government unit;(2) The amount of such program loan;(3) That the loan program agree…

Tenn. Code Ann. § 4-31-109 Bonds and notes — Issuance to fund pollution control facilities

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(a) For the purpose of providing moneys to assist small business concerns in financing pollution control facilities, the authority, in addition to the powers otherwise granted by law, has the power and is hereby authorized to issue from time to time negotiable bonds and notes of …

Tenn. Code Ann. § 4-31-110 Bonds and notes issued under § 4-31-109 — Limitations

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(a) Prior to the issuance of bonds or notes pursuant to § 4-31-109, the industrial development authority shall file with the authority a certificate to the effect that the pollution control facilities to be financed from the proceeds of such bonds or notes constitute pollution co…

Tenn. Code Ann. § 4-31-1101 Part definitions — Eligibility — Purposes — Application and review procedure

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(a) For the purposes of this part, the following definitions shall apply:(1) “Authority”, “construction”, and “education project” as defined in § 4-31-1003;(2) “Available local capital outlay funds” means, with respect to any LGU or LEA, the state share of the capital outlay port…

Tenn. Code Ann. § 4-31-1102 Program provisions

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(1) Any program established by the authority pursuant to this part may include such provisions as may be agreed upon by the parties and shall additionally include, among other things, in substance, the following:(1) The structural requirements of the education debt issued by the …

Tenn. Code Ann. § 4-31-1103 Assignment or pledge of local capital outlay funds as security — Procedures

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(a) Each LGU issuing education debt, as well as any LEA for which education debt is issued, are authorized to assign or pledge for the further security of the education debt the available local capital outlay funds, whether such debt is issued pursuant to title 9, chapter 21, or …

Tenn. Code Ann. § 4-31-111 Bonds and notes — Holders' rights preserved

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The state does hereby covenant and agree with the holders of any bonds or notes issued under this chapter, that the state will not limit or alter the rights hereby vested in the authority to fulfill the terms of any agreements made with the holders thereof, or in any way impair t…

Tenn. Code Ann. § 4-31-112 Bonds and notes — Negotiable instruments

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Whether or not the bonds or notes issued under this chapter are of such form and character as to be negotiable instruments under the negotiable instruments law, title 47, chapter 3, such bonds or notes shall be and hereby are made negotiable instruments within the meaning of and …

Tenn. Code Ann. § 4-31-113 Bonds and notes — Tax exemption

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The state covenants with the purchasers and all subsequent holders and transferees of bonds and notes issued by the authority pursuant to this chapter, in consideration of the acceptance of and payment therefor, the bonds and notes of the authority issued pursuant to this chapter…

Tenn. Code Ann. § 4-31-114 Bonds and notes — Legal investments and lawful security

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(a) The bonds and notes issued pursuant to this chapter shall be and are hereby declared to be legal and authorized investments for banks, savings banks, trust companies, building and loan associations, insurance companies, fiduciaries, trustees, guardians and for all public fund…

Tenn. Code Ann. § 4-31-115 Powers supplemental — Construction

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(a) The powers conferred by this chapter shall be in addition to the powers conferred by other laws, and the limitations imposed by this chapter shall not affect the powers conferred by any other law, general or special, and, except as provided herein, bonds and notes may be issu…

Tenn. Code Ann. § 4-31-116 Expenses

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Expenses incurred by the authority in carrying out each of the programs authorized by this chapter may be made payable from funds made available to each program pursuant to this chapter, and no liability shall be incurred by the authority beyond the extent to which moneys shall h…

Tenn. Code Ann. § 4-31-117 Annual report and audit

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(a) (1) The authority shall, following the close of each fiscal year, submit an annual report of its activities for the preceding fiscal year to the governor and the speakers of each house of the general assembly.(2) The report shall set forth a separate and complete operating an…

Tenn. Code Ann. § 4-31-118 Loans for acquisition and improvement of mental health and developmental disability facilities

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(a) The authority may enter into loan agreements with any local government unit and any local government unit may enter into loan agreements with the authority for loans for acquisitions and improvement of facilities previously financed under part 7 of this chapter. (b) Any loan …

Tenn. Code Ann. § 4-31-119 Authority of the Tennessee local development authority to allocate the national qualified energy conservation bond limitation — Administration of programs — Issuance of bonds for qualified energy conservation projects

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(a) The state delegates to the Tennessee local development authority the authority to allocate on behalf of the state the portion of the “national qualified energy conservation bond limitation,” as defined in § 54D of the Internal Revenue Code of 1986 (26 U.S.C. § 54D [repealed])…

Tenn. Code Ann. § 4-31-120 Bonds and notes — Maintenance of tax-exempt status

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For the purpose of ensuring that the bonds or notes authorized under this chapter and issued after March 8, 2016, maintain their tax-exempt status as may be provided by the Internal Revenue Code of 1986 (26 U.S.C.), as amended, no state officer or employee or user of a capital pr…

Tenn. Code Ann. § 4-31-1201 Short title

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This part shall be known and may be cited as the “Tennessee Transportation State Infrastructure Fund Act.”

Tenn. Code Ann. § 4-31-1202 Part definitions

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(1) As used in this part:(1) “Department of transportation” means the Tennessee department of transportation and its successors;(2) “Eligible costs” means, as applied to a qualified project to be financed with federal funds, the costs that are permitted under applicable federal l…

Tenn. Code Ann. § 4-31-1203 Establishment — Accounts — Investment of funds — Interest and earnings

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(a) The department of finance and administration shall establish the Tennessee transportation state infrastructure fund, in the state treasury, under the control of the authority. (b) For necessary and convenient administration of the fund, the authority shall establish accounts …

Tenn. Code Ann. § 4-31-1204 Transfer of funds from existing fund — Capitalization of fund — Soliciting funds — Prohibition against commingling funds — Entering cooperative agreements

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(a) The state treasurer shall transfer the balance from the existing fund for the Tennessee state infrastructure bank, administered by the department of transportation, on July 1, 2009, to the fund established in § 4-31-1203. (b) The following sources may be used to capitalize th…

Tenn. Code Ann. § 4-31-1205 Recommendation of projects — Loans — Qualified borrowers — Reimbursement of costs — Loan fees

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(a) The commissioner of transportation shall review a proposed project and shall determine if it is an eligible project and, if so, whether or not to recommend the project to the authority. Preference may be given to eligible projects that have financial support in addition to an…

Tenn. Code Ann. § 4-31-1206 Part supplemental to other law — Debt limit not applicable — Adequate security — Pledge valid and binding — Misuse of loan

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(a) This part is in addition and supplemental to any other law providing for the financing of eligible projects of qualified borrowers and shall not be deemed to amend or repeal any other law. (b) Qualified borrowers may enter into financing agreements under this part, notwithsta…

Tenn. Code Ann. § 4-31-1207 Default on amounts due

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(a) If a qualified borrower fails to collect and remit in full all amounts due to the authority on the date the amounts are due under the terms of any note or other obligation of the qualified borrower, or if the qualified borrower fails to repay funds or pay damages in the event…

Tenn. Code Ann. § 4-31-1208 Annual report — Audit

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(a) Following the close of each state fiscal year, the authority shall submit an annual report of its activities for the preceding year to the governor, the speaker of the senate and the speaker of the house of representatives and make the report available to the general assembly…

Tenn. Code Ann. § 4-31-1209 Policies and procedures

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The authority, in consultation with the department of transportation, is authorized to adopt policies and procedures to effectuate the purposes of this part.

Tenn. Code Ann. § 4-31-201 Short title

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This part shall be known and may be cited as the “Tennessee Agricultural Development Act.”

Tenn. Code Ann. § 4-31-202 Legislative findings

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(a) The general assembly finds and declares that:(1) The high cost and limited availability of agricultural financing threatens to halt needed expansion or even perpetuation of many farm operations and related enterprises in Tennessee;(2) These conditions severely limit the abili…

Tenn. Code Ann. § 4-31-203 Loans — General power of authority

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(a) The authority may make, and undertake commitments to make, loans to or deposits with lenders under the agricultural development loan program for the financing of certain agricultural enterprises under terms and conditions that shall:(1) Require the proceeds thereof to be used…

Tenn. Code Ann. § 4-31-204 Loans — Prerequisites to action under § 4-31-203

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(a) Prior to an exercise of powers conferred by § 4-31-203(b), the authority shall:(1) Require the lender to certify that the loan at the time of making was, is or will be in all respects a prudent investment;(2) Require the lender to certify that it would not have made the loan …

Tenn. Code Ann. § 4-31-205 Bonds and notes

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(a) For the purpose of providing moneys to assist lenders in providing moneys to finance agricultural enterprises, the authority, in addition to the powers otherwise granted by law, has the power and is hereby authorized to issue from time to time negotiable bonds and notes of th…

Tenn. Code Ann. § 4-31-206 False statements — Felony

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(a) It is unlawful for any person to knowingly make, utter or publish a false statement of substance or aid or abet another person in making, uttering or publishing a false statement of substance for the purpose of influencing the authority to make a loan or deposit to finance an…