§ 8-23-101 — Salaries of Class 1 and Class 2 officers

(a) The salaries of major officials of the state, whose salaries are not provided for otherwise in this code, shall be in the annual amounts indicated in the following subsections of this section, payable in periodic installments, from the state treasury on warrants of the commissioner of finance and administration, which compensation shall be in full for their services, except for reimbursement for travel expense in accordance with the official state travel policies and regulations. (b) Class 1. Officials listed in Class 1 shall be paid an annual salary of thirty-one thousand dollars ($31,000): (1) Commissioner of education; (2) Commissioner of finance and administration; (3) Commissioner of transportation; (4) Comptroller of the treasury; (5) Secretary of state; and (6) Treasurer. (c) Class 2. Officials listed in Class 2 shall be paid an annual salary of twenty-eight thousand dollars ($28,000): (1) Adjutant general; (2) Commissioner of agriculture; (3) Commissioner of financial institutions; (4) Commissioner of environment and conservation; (5) Commissioner of correction; (6) Commissioner of labor and workforce development; (7) Commissioner of general services; (8) Commissioner of human services; (9) Commissioner of commerce and insurance; (10) Commissioner of human resources; (11) Commissioner of revenue; (12) Commissioner of safety; (13) Commissioner of tourist development; (14) Commissioner of veterans services; and (15) Commissioner of children's services. (d) (1) The compensation or allowance specified in § 3-1-106(b), (c), and (e) and in §§ 3-1-107 , 8-7-105 , and this section for the officials covered thereby, respectively, shall be the base compensation or allowance for each such official. (2) On July 1, 1973, and on July 1, 1974, with respect to the compensation or allowance fixed in §§ 3-1-106 , 3-1-107 , 8-7-105 and this section, the compensation or allowance provided in each such section shall be adjusted to reflect the percentage of change in the per capita personal income of the state of Tennessee, as defined and published by the United States department of commerce, between that of the calendar year beginning two (2) years before such date and the calendar year beginning one (1) year before each such date. Each succeeding July 1, a similar adjustment shall be made, based on the difference in the state's per capita income between the two (2) years preceding the July 1 on which the adjustment is made. (3) On July 1, 1975, with respect to the compensations or allowances fixed in § 3-1-106(b), (c), and (e) , in §§ 3-1-107 , 8-1-102 , 8-7-105 , and in this section, the compensation or allowance provided in each such section or subsection shall be adjusted to reflect the percent of change in the average consumer price index (all items-city average) as published by the United States department of labor, bureau of labor statistics, between that figure for the calendar year 1974 and the calendar year 1973. Each succeeding July 1, a similar adjustment shall be made, based on the percent of change in the average consumer price index between the two (2) calendar years preceding July 1 of the year in which the adjustment is made. However, no reduction shall be made by way of adjustment on account of any decrease in the average consumer price index between two (2) successive calendar years. No adjustment based on the percent of change in the state's per capita personal income from year to year shall be made after July 1, 1974. (4) No annual adjustment as provided in this subsection (d) shall be made after July 1, 1978, with respect to the base salaries as adjusted fixed for major state officials by subsections (b) and (c), nor after July 1, 1978, with respect to the base salaries and allowances as adjusted of district attorneys general, fixed by § 8-7-105 ; nor after July 1, 1978, with respect to the base salary as adjusted of the governor, fixed by § 8-1-102 ; nor after July 1, 1978, with respect to the allowances fixed in § 3-1-106(b), (c) and (e) and the compensation and allowances fixed in § 3-1-107 , all pertaining to members of the general assembly. (5) (A) On July 1, 1980, the base salaries and allowances as adjusted of district attorneys general shall be annually adjusted to reflect any actual percentage pay increases provided to all state employees generally, as provided for in the general appropriations act, but the adjustment shall not exceed five percent (5%). (B) Except in the case of assistant district attorneys general who are no longer eligible for a step increase under § 8-7-201 , no adjustment made under the terms of subdivision (d)(5)(A) shall be considered in computing the salaries of assistant district attorneys general under § 8-7-201 . (e) The compensation of the commissioner of economic and community development shall be fixed by the governor upon recommendation of the [former] Tennessee board for economic growth [abolished] and shall be paid from the appropriation available to the department of economic and community development; however, in no event shall the commissioner's salary exceed the salary level established for the other commissioners whose salaries are set by the governor. (f) (1) Notwithstanding other provisions of this section to the contrary, on and after July 1, 1984, increases, if any, in the annual salary of the major state officials enumerated in subsections (b) and (c) shall be fixed by the governor, except as is set forth in subdivision (f)(2). Upon the creation of a vacancy in any of the positions enumerated in subsections (b) and (c), the governor may decrease the salary for the position prior to appointing a successor; provided, that nothing herein shall be construed to authorize the governor to decrease the salaries of the major state officials set forth in subdivision (f)(2). (2) Increases in the annual salary of the comptroller of the treasury, the secretary of state and the state treasurer shall be the same as that of the commissioner of finance and administration. (3) For the purposes of this subsection (f), the annual salary shall be defined as the annual salary in effect on June 30, 1984, and each subsequent June 30. (g) For the purposes of § 9-8-303 , the salary of a Class 1 commissioner shall not be less than seventy-five percent (75%) of the salary of the secretary of state.

Legislative History

Acts 1893, ch. 6, §§ 4, 5; impl. am. Acts 1913, ch. 1, § 1; mod. Code 1932, §§ 10665-10667; Acts 1949, ch. 38, § 1; C. Supp. 1950, §§ 255.94, 10665-10667 (Williams, §§ 255.87, 10665-10667); impl. am. Acts 1953, ch. 163, §§ 1, 2; impl. am. Acts 1955, ch. 69, § 1; Acts 1955, ch. 193, § 1; 1957, ch. 263, § 1; 1957, ch. 335, § 2; impl. am. Acts 1959, ch. 9, §§ 2-6; Acts 1961, ch. 183, § 1; 1963, ch. 261, § 1; 1965, ch. 252, § 1; 1969, ch. 197, § 1; 1972, ch. 526, §§ 6, 8; impl. am. Acts 1972, ch. 543, § 7; impl. am. Acts 1972, ch. 829, § 19; impl. am. Acts 1972, ch. 852, § 12; Acts 1973, ch. 137, §§ 1, 2; impl. am. Acts 1973, ch. 294, §§ 5, 6; Acts 1974, ch. 763, § 1; impl. am. Acts 1975, ch. 219, § 2; impl. am. Acts 1975, ch. 249, § 3; Acts 1976, ch. 468, § 5; 1977, ch. 44, § 2; 1977, ch. 89, § 23; T.C.A. (orig. ed.), § 8-2301; Acts 1980, ch. 906, § 1; 1981, ch. 367, §§ 1, 2; 1984, ch. 740, § 1; 1987, ch. 126, § 1; 1989, ch. 278, § 26; 1989, ch. 345, §§ 1-3; 1995, ch. 305, § 53; 1996, ch. 1079, § 27; 1999, ch. 520, § 32; 2006, ch. 982, § 2; 2007 , ch. 60, 2007 , ch. 361, § 4.