§ 4-31-103 — Authority created - Organization and administration

Tennessee § 4-31-103

• Jurisdiction: Tennessee
• Title: 4

Text

(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 the state in the performance of essential public functions and to be serving a public purpose in improving and otherwise promoting the health, welfare and prosperity of the people of the state. (c) (1) Its membership shall consist of the governor, the secretary of state, the state treasurer, the comptroller of the treasury and the commissioner of finance and administration, and their successors in office from time to time, by virtue of their incumbency in such offices and without further appointment or qualification, together with one (1) member who shall be appointed by the speaker of the senate from a list of three (3) individuals nominated by the Tennessee county services association, and one (1) member who shall be appointed by the speaker of the house of representatives from a list of three (3) individuals nominated by the Tennessee municipal league, each of whom shall serve for a period of two (2) years, subject to reappointment, or until such member's successor is similarly nominated and appointed. (2) The governor, the secretary of state, the state treasurer, the comptroller of the treasury and the commissioner of finance and administration shall be designated as ex officio members of the authority. Each ex officio member of the authority may designate a member of the ex officio member's respective staff to attend meetings of the authority or its committees and to exercise the ex officio member's right to vote in the ex officio member's absence. The designation must be made in writing addressed to the secretary of the authority specifying the meeting for which the designation is effective and filed with the secretary of state. (3) (A) The member appointed by the speaker of the senate and the member appointed by the speaker of the house of representatives shall not participate in or vote on any proceeding before the authority relative to the agricultural development loan program. (B) For purposes of administering the agricultural development loan program, the governor may appoint two (2) individuals knowledgeable in agricultural enterprise to serve as nonvoting advisors to the authority. (C) The recommendations of such advisors attending any meeting of the authority shall be part of the minutes. (D) Such advisors shall serve without compensation but shall be reimbursed in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. (d) The governor shall serve as chair of the authority, and the comptroller of the treasury shall serve as secretary. (e) (1) The members shall serve without salary, but each member shall be entitled to reimbursement for such member's actual and necessary expenses incurred in the performance of such member's official duties. (2) 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. (f) (1) The authority and its corporate existence shall continue until terminated by law; provided, that no such law shall take effect so long as the authority shall have bonds, notes or other obligations outstanding. (2) Upon termination of the existence of the authority, all its rights and properties shall pass to and be vested in the state. (g) (1) The powers of the authority shall be vested in and exercised by no fewer than four (4) of the members thereof. (2) The authority may delegate to one (1) or more of its members or its officers such powers and duties as it may deem proper. (h) (1) Written minutes covering all meetings and actions of the authority shall be prepared by the secretary of the authority and shall be kept on file, open to public inspection. (2) The minutes and all other records of the authority shall be kept in the office of the comptroller of the treasury. (i) The authority shall be empowered to act on behalf of the state and its people in serving this public purpose for the benefit of the general public.

Legislative History

Acts 1978, ch. 785, § 3; T.C.A., § 4-3103; Acts 1981, ch. 394, §4; 2009 , ch. 113, § 1.