§ 4-3-1016 — Restrictions on carry forwards and transfers of funds to the state general fund

Tennessee § 4-3-1016

• Jurisdiction: Tennessee
• Title: 4

Text

(a) 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. (b) No funds shall be transferred unless specifically appropriated in an appropriations act and such funds shall only be expended in accordance with such act. (c) 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 . (d) 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; (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; (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) Department of commerce and insurance, manufactured housing fund, created or referenced in title 68, chapter 126, part 4; (47) Department of labor and workforce development, employment security special administrative fund, created or referenced in title 50, chapter 7, part 5; (48) Department of labor and workforce development, Tennessee Occupational Safety and Health Act fund, created or referenced in title 50, chapter 6, part 4; (49) Department of labor and workforce development, uninsured employers fund, created or referenced in title 50, chapter 6, part 8; (50) 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; (51) Department of health, health access incentive account, created or referenced in title 66, chapter 29, part 1; (52) Department of health, child safety fund, created or referenced in title 55, chapter 9, part 6; (53) Department of health, nursing home residents fund, created or referenced in title 68, chapter 11, part 8; (54) Department of health, traumatic brain injury fund, created or referenced in title 68, chapter 55, part 4; (55) Department of revenue, [former] C.I.D. anti-theft fund, created or referenced in title 55, chapter 3, part 2; (56) Tennessee bureau of investigation, fingerprint criminal history database accumulated fees, created or referenced in title 39, chapter 17, part 13; (57) 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; (58) Tennessee bureau of investigation, intoxicant testing fund, created or referenced in title 55, chapter 10, part 4; (59) Tennessee bureau of investigation, handgun permit reserve, created or referenced in title 39, chapter 17, part 13; (60) Department of safety, driver education fund, created or referenced in title 67, chapter 4, part 6; (61) Department of safety, motorcycle rider safety fund, created or referenced in title 55, chapter 51; (62) Department of safety, handgun permit reserve, created or referenced in title 39, chapter 17, part 13; (63) Department of children's services, child abuse prevention reserve, created or referenced in title 36, chapter 6, part 4; (64) Court system Tennessee judicial information system fund, created or referenced in title 16, chapter 3, part 8; (65) Court system divorcing parents mediation fund, created or referenced in title 36, chapter 6, part 4; (66) Court system court automation hardware replacement revolving loan fund, created or referenced in title 16, chapter 3, part 10; (67) Court system municipal court clerks training and education program, created or referenced in title 16, chapter 18, part 3; (68) Secretary of state voting machines loan fund, created or referenced in title 2, chapter 9; (69) Secretary of state, voting machine reserve fund, created or referenced in title 2, chapter 9; (70) Secretary of state, Blue Book reserve, created or referenced in title 8, chapter 3, part 1; (71) Ethics commission reserve, created or referenced in title 3, chapter 6, part 1; (72) State treasurer, small and minority-owned business assistance program, created or referenced in title 65, chapter 5, part 1; (73) Health facilities commission fund, created or referenced in title 68, chapter 11, part 16; (74) Tennessee public utility commission, deferred revenue account, created or referenced in title 65, chapter 1, and any other reserve fund maintained by the Tennessee public utility commission; (75) Tennessee public utility commission, Tennessee relay services/telecommunications devices access program, created or referenced in title 65, chapter 21, part 1; and (76) Tennessee advisory commission on intergovernmental relations, accumulated balances or carry-over funds, created or referenced in chapter 10 of this title. (e) 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. (f) 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. (g) 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. (h) 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, 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. (i) 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. (j) 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; (38) Court system, board of professional responsibility reserve, created or referenced in Supreme Court Rule 9 and title 16, chapter 1; (39) Court system, Tennessee lawyers assistance program reserve, created or referenced in Supreme Court Rule 33 and title 16, chapter 1; (40) Court system, commission on continuing legal education program reserve, created or referenced in Supreme Court Rule 21 and title 16, chapter 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) Sports wagering advisory council, fantasy sports fund, created or referenced in chapter 49, part 2 of this title; (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. (k) 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. (l) 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.

Legislative History

Amended by 2023 Tenn. Acts, ch. 143, s 6, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 1119, s 1, eff. 7/1/2022. Amended by 2020 Tenn. Acts, ch. 759, Secs.s 1, s 2, s 3, s 4, s 12, s 13 eff. 6/30/2020. Subsection (d)(14) amended by 2018 Tenn. Acts, ch. 839, s 3, eff. eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries. Amended by 2018 Tenn. Acts, ch. 1063, s 1, eff. 5/21/2018. Amended by 2017 Tenn. Acts, ch. 94, Secs.s 4, s 77 eff. 4/4/2017. Amended by 2014 Tenn. Acts, ch. 917, s 5, Sec.s 6, Secs.s 8, s 9 eff. 5/13/2014. 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.