Title 9, Public Finances

All actions of the governing body under this chapter must be accomplished by resolution of the governing body.

This chapter does not empower a local government, an industrial development board, or a housing authority to exercise the power of eminent domain for the creation of an essential housing development or otherwise.

In the event of a conflict between this chapter and other law, including, without limitation, the Uniformity in Local Government Lease Financing Act of 2021, compiled in chapter 24 of this title, this chapter prevails.

(a) A local government, whether acting directly or through its housing authority, shall not acquire, lease, or develop an essential housing development unless the local government first submits to the comptroller of the treasury a plan for the funding, financing, and operation of…

(a) A board of claims whose membership is composed of the commissioner of human resources or such commissioner's designee, the commissioner of finance and administration or such commissioner's designee, the state treasurer or the state treasurer's designee, the comptroller of the…

(a) For the purpose of administration, including fiscal and personnel operations, the board is attached to the department of the treasury. (b) The chair has the authority to designate an employee of the department of the treasury as secretary to the board of claims, who will keep…

(a) With the approval of the board of claims pursuant to this section and notwithstanding § 56-13-119, the state treasurer may establish and maintain a captive insurance company as defined in § 56-13-102. (b) The captive insurance company described in subsection (a):(1) Is subjec…

The functions and responsibilities of the defense counsel commission arising out of incidents occurring after January 1, 1985, are hereby transferred to the board of claims. The board may establish procedures and rules under which these functions and responsibilities may be carri…

(a) The board of claims:(1) Has the authority, but is not required, to investigate and hear claims and make awards when appropriate in cases based on acts or omissions of state officers or employees where a claim does not fall within the jurisdiction of the claims commission unde…

(a) A risk management fund shall be established as a separate account in the state treasury. Amounts remaining in the fund at the end of each fiscal year shall not revert to the general fund. Moneys in the risk management fund shall be invested by the state treasurer pursuant to …

The state treasurer shall administer a division of claims and risk management to compile information and administer risk management programs. This division shall serve as staff to the board of claims in matters relating to casualty risk.

(a) (1) The state shall compensate state employees for the loss, damage or destruction of personal property which is not otherwise compensable which occurs in the course of employment and which is required by the state to be used in the course of employment.(2) For purposes of th…

(a) (1) The board of claims is authorized to pay final judgments for state employees, as defined in § 8-42-101, for any damages, including interest thereon, which are awarded in a final judgment in a civil lawsuit against the employee in a court of competent jurisdiction where it…

This part shall be known and may be cited as “The Educator Protection Act of 2015.”

The purpose of this part is to create the Tennessee educator liability fund to provide excess professional liability insurance coverage for all teachers and student teachers, subject to the appropriations of the general assembly. The fund shall protect against damages for claims …

(a) As used in this part, unless the context otherwise requires:(1) “Fund” means the Tennessee educator liability fund;(2) “Student teacher” means an individual enrolled as a student in an institution of higher education approved by the state board of education for teacher traini…

(a) The Tennessee educator liability fund shall be established as a separate account in the state treasury and shall be separate and apart from the risk management fund established by § 9-8-109. (b) The fund shall be funded from appropriations by the general assembly, and shall i…

(1) Notwithstanding any law to the contrary and in addition to the board of claims' authority set forth in § 9-8-108, the board of claims is authorized to:(1) Establish the type or types of insurance and the insurance limits as excess insurance coverage necessary to carry out the…

(a) Coverage provided under this part shall automatically cover all full-time and part-time teachers and student teachers at no cost to the teachers or student teachers. (b) The expenses paid from the fund shall include the costs associated with the administration of the fund, in…

(a) There is hereby created an administrative tribunal consisting of three (3) members, one (1) from each grand division, known as the “Tennessee claims commission.” (b) For administrative purposes, the commission shall be attached to the treasury department. The administrative r…

(a) Each commissioner shall be appointed by the governor with confirmation by resolution of both houses of the general assembly for a term of eight (8) years. (b) To provide staggered terms for the commissioners, the term expiring on June 30, 2003, shall be filled for an eight (8…

The commissioners of the claims commission shall receive the same compensation as a Class 1 commissioner.

(a) The claims commission, subject to the approval of the state treasurer, shall designate a commission employee to serve as administrative clerk to the claims commission. The administrative clerk, in consultation with the commission chair, shall schedule meetings of the commissi…

(1) Each commissioner, and each administrative law judge assigned pursuant to this part, has the authority to:(1) Hear and determine claims against the state falling within the categories enumerated in § 9-8-307;(2) Issue subpoenas, swear in witnesses at hearings and other commis…

The commission is authorized to promulgate rules and regulations not inconsistent with this chapter in order for it to fulfill its duties in an orderly and efficient manner.

(a) (1) The commission or each commissioner sitting individually has exclusive jurisdiction to determine all monetary claims against the state based on the acts or omissions of “state employees,” as defined in § 8-42-101, falling within one (1) or more of the following categories…

(a) There is levied a privilege tax on the filing of claims with the claims commission of twenty-five dollars ($25.00) on each claim filed with the claims commission; provided, that no tax shall be levied on claimants who consent at the time of filing with the administrative cler…

Upon the request of the governor, or of an individual claims commissioner as to claims within that commissioner's grand division, or of a majority of the claims commissioners as to claims within any grand division, the secretary of state may assign administrative law judges from …

(a) An entity of state government may not terminate a state employee for filing a workers' compensation claim with the claims commission. (b) Any employee terminated for filing a workers' compensation claim may file a grievance in accordance with § 8-30-318, or may file a claim w…

(a) Medical records received and maintained by the commission shall be treated as confidential and shall not be open for inspection by members of the public pursuant to title 10, chapter 7. (b) As used in this section:(1) “Healthcare provider” means healthcare professionals, esta…

There is hereby created a division of claims and risk management as a division of the department of the treasury. The staff of the present board of claims shall also be the staff of the division of claims and risk management.

(a) (1) The claimant must give written notice of the claimant's claim to the division of claims and risk management as a condition precedent to recovery, except claims for recovery of taxes shall be filed directly with the administrative clerk of the claims commission. The filing…

(a) The commission shall maintain two (2) separate dockets. Upon transfer to the administrative clerk of the claims commission, the claim shall be assigned to the applicable docket:(1) A regular docket similar to those maintained by courts of record. A court reporter shall be uti…

(a) Prior to hearing, upon the petition of either party showing the approval of the attorney general and reporter, the claim shall be removed to the appropriate chancery or circuit court with venue for handling in accordance with this part, except the normal procedural rules of t…

(a) Any claim filed with the division may be settled pursuant to § 20-13-103, following consultation with the governmental entity affected therein. Additionally, the attorney general and reporter, with the written approval of the governor and the comptroller of the treasury, may …

The attorney general and reporter shall represent the state in all claims before the commission; however, the attorney general and reporter may delegate to the department of the treasury or the governmental entity against which the claim is made the authority to negotiate prehear…

(a) Whenever the acts or omissions of a third party are the proximate cause of an incident giving rise to a claim against the state for which the state has, pursuant to this chapter, compensated the person injured or damaged by the acts or omissions of such third party, the state…

(a) Medical records received and maintained by the division of claims and risk management shall be treated as confidential and shall not be open for inspection by members of the public pursuant to title 10, chapter 7. (b) As used in this section:(1) “Healthcare provider” means he…

The state treasurer, in conjunction with the department of transportation, shall develop, implement, and administer a centralized information system for the reporting of alleged dangerous conditions on state-maintained highways and the repair of the conditions. To fulfill the dut…

The state funding board shall be composed of the governor, the commissioner of finance and administration, the state treasurer, the secretary of state, and the comptroller of the treasury. The governor shall serve as the chair, and the comptroller shall serve as the vice chair an…

The commissioner of finance and administration shall maintain, or cause to be maintained, records on the condition of all debt obligations described in § 9-9-105(a) and of the payment of the principal of and premium, if any, and interest on such obligations.

There is hereby appropriated to the state funding board on a direct and continuing basis a sum sufficient for payment of debt service (principal, interest and premium, if any) on outstanding bonds and other debt obligations (including notes), amounts due on contracts or agreement…

(a) For the payment of the principal of and interest on the bonds of the state of Tennessee issued under this chapter outstanding as of July 1, 2013, there is hereby pledged the annual proceeds of a tax of not less than five cents (5¢) per gallon upon gasoline, the annual proceed…

(a) All bonds issued (and to be issued) under this chapter, all notes issued (and to be issued) in anticipation of such bonds, and all tax revenue anticipation notes issued (and to be issued) under this chapter shall constitute direct general obligations of the state of Tennessee…

The state funding board shall certify to the commissioner of finance and administration from time to time, but not less than annually, the amount necessary, together with funds on hand derived from all sources, to enable the board to provide for the payment of the principal of an…

The state funding board shall provide for the payment of the principal of and premium, if any, and interest on all bonds issued under this chapter, all notes issued in anticipation of such bonds and all tax revenue anticipation notes issued under this chapter, amounts due on cont…