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btute of @'enneñgee
puBtrc üilApTER, Nt. 473
HOUSE BILL NO. 2139
By Representatives McGorrnick, Sargent
Substitt¡ted for: Senate Bill No. 2090
By Senators Norris, McNally
AN ACT to make appropriaiions for the purpose of defraying the expenses of the stategovernment for the fìscal years beginning July 1, 2010, and July 1, 2011, in the administration,operation and maintenance of the legislative, executive and judicial branches of the variousdepartments. institutions, offices and agencies of the state; for certain state aid and obligations;for capital outlay, for the service of the public debt, for emergency and contingency; to repealcertain appropriations and any acts inconsistent herewith; to provide provisional continuingappropriations; and to establish certain provisions, limitations and restrictions under whichappropriations may be obligated and expended. This act makes appropriations for the purposesdescribed above for the fiscal years beginning July 1, 2010, and July 1, Z}ii .
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSËE:
SECTION 1. That appropriations hereinafter set out are hereby made for the purpose ofdefraying the expenses of state government for the fiscal year beginning July 1, 201 '1 , in theadministration, operation and maintenance of ihe legislative, executive and judicial branches ofthe various departments, instiiutions, offices and agencies of ihe state, and for certain state aldand obligations and for capital outlay; for the service of the public debt, and for emergency andcontingency, all according to the following schedule:
i. LEGTSLATTVE 2011_2012
1. Legiilature
1.11.2l.J
1.41.51.6
General Assembly Support ServicesGeneral Assembly Committees.House of Representatives..State Senate
2.
Legislative Administration ServicesTennessee Code Commission
Fiscal Review Commitiee.
ïotal Legislature
1.
2.
4.Â
b.7.8.9.
10.11.12.13.14.
Appellate and Trial CourtsSupreme Court Buildings..
il.
Total Title I
JUDICiAL
Child Support RefereesGuardian Ad Litemlndigent Defendants' CounselCivil Legal Representation FundVerbatim Transcripts.Tennessee State LawCouncil of Juvenile aJudicial Conference.Judicial Programs and Commissions..............State Court Clerks' ConferenceAdministrative Office of the CourtsAppellate Court Clerks
7,564,300.00830,700.00
16,963,500.0C9,245,900.004,403,200.00
68,900.0039,076,50C.00
1,334,500.00
nd Family Court Judges.
56,444,700.002,626,300.00
750,800.006,047,500.00
31,463,000.003,327,900.003,987,500.00
74,500.0078,704 00
222,604.00429,900.00259,1oCI.00
7,904,40A.00499,400.00
HB 2139
15.16.17.18.19.20.
Board of Law Examiners ..................Board of Professional Responsibilityïennessee Lawyers Assisiance ProgramContinuing Legal Education.Client Protection Fund
III. EXECUTIVE
1. Constitutional and Quasi-Judicial Offices
Attorney General and Reporter
Total Title ll
1.1 Attorney General and Reporter.....1.2 Publication of Tennessee Reports.1.3 Special Litigation
District Attorneys General Conference2.1 District Attorneys General
Total Attorney General and Reporter
2.2 DistrictAttorneys General Conference......2.3 Executive Director.........
Total District Attorneys General Conference .........
Secretary of State3.
3.1 Secretary of Siate .
3.2 State Election Com3.3 Public Documents.
164,500.007'15,000.00
3,000,000.00415,900.008'15,600.00208,500.00
1 19,435,800.00
3.4 State Library and Archives.3.5 Regional Library System3.6 Bureau of Ethics and Campaign Finance
3.8 Charitable Solicitations and Charitable Gaming ....Total Secreiary of State......
4. District Public Defenders Conference4.1 District Public Defenders.... ...........
3.7 Economic Council on Women
mrssron
4.2 Executive Director4.3 Shelby County Public Defender.4.4 Davidson County Public Defender
Total District Public Defenders Conference.... ....
Comptroller of the Treasury5.1 Division of Administration.... ............5.2 Office of Management Services
23,320,900.00162,100.00289,700.00
23,772,700.00
67,415,400.00435,500.00
1,590,800.0069,441,700.00
8,496,000.001,584,000.00
396,300.008,356,300.007,528,100.00
593,200.00203,800.00
17,400.0027,175,100.00
34,764,500.001,538,500.003,106,100.001,588,500.00
4C,997,600.00
5.3 Division of State Audit.............5.4 Division of County Audit
5.6 Office of State and Local Finance ..
5.7 Office of Local Government...5.8 Division of Property Assessments ...5.9 Tax Relief.....5.10 State Board of Equalization5.11 Offices of Research and Education Accountability.5.1 2 Office of State Assessed Properties.... .
5.13 Telecommun¡cations Ad Valorem Tax Equity Payments .......Total Comptroller of the Treasury....... ............. $
6.
7.
Office of the Post-Conviction Defender
Treasury Department7.1 Treasury Department7.2 Certified PublicAdministrators
1.644,400.009,990,500.00
11,749,700.O07.536,900.001,926,300.00
795,600.001,472,500.007,129,300.00
25,600,000.00888,600.00
1,415,800.001,1 11,900.00
14,327,800.0085,189,300.00
2,023,100.00
404,500.00407,300.00
HB 2t39
7 .3 Baccalaureate Education System Trust....................,...7.4 lnterlock Assistance Fund .............
Claims and Compensaiion8.1 Criminal lnjuriesCompensation.
Total Claims and Compensation
Total Title lll-1 .............
Total Treasury Department
The appropriation made under Title lll-1, ltem 8, may be increased or decreased asreal¡zed receipts of the Criminal lnjuries Compensatíon Fund justify, subject to the provisions ofTennessee Code Annotated, Title 4, Chapter 3, Part 10 and Tifle 9, Chapter 4, Part 51. To theextent that receipts of the fund are insufficient to meet the fund's expenditure requirements,there is hereby appropriated a sum suffìcient to support such expenditures.
2. Executive Offices
1. ExecutiveDepartment1.1 Governor's Office
Total Executive Department
2. Commissions2.1 Commission on Children and Youth..2.2 Commission on Aging and Disability.2.3 Alcoholic Beverage Commission2.4 Human Rights Commission.2.5 Health Services and Development Agency2.6 Corrections lnstitute
250,000 00463,500.00
1,525,300 00
'10,500,000.00
10,500,000 00
2.7 Tennessee RegulatoryAuthority.2.8 Advisory Commission on lntergovernmental Relations..........
$$
2.9 Arts Commission......2.10 Siate Museum..........
Total Commissions...
$ 260,624,800 00
Department of Finance and Administration3.1 Division of Administration3.2 Division of Budget......3.3 Criminal Justice Programs3.4 Resource Development and Support3.5 Real Property Administration3.6 VolunteerTennessee3.7 State Health Planning Division3.8 Electronic Health lnitiative.
Total Department of Finance and Administration
Department of Human Resources
e
$
4.1 Executive Administraiion.
5,030,200.005,030,200.00
2,072,300.0013,314,500.00
374,200.001,682,100.001,132,600.00
888,700.007,256,300 00
234,700.006,355,800.003,708,100.00
37,019,300 00
1,381,100.003,423,800.008,253,700.001,569,500.003,562,800.00
241,800.00743,000.00453,300.00
'19,629,000 00
4.2 Human Resource Development4.3 Technical Services........
Total Department of Human Resources
Department of General Services5.1 Administration5.2 PropertyManagement.5.3 Printing and Media Services...........
ïotal Department of General Services
Total Title lll-2
1,853,200 00802,500.00
1,83'1,400.004,487,10Q.00
420,500.001,741,000.00
299,700.002,461,200.00
4,697,000.00
73,323,800.00
HB 2139
3. Department of Agriculture
1.
2.
4.5.b_
7.8.
Administration and Grants...Regulatory ServicesMarket Development.Forestry OperationsForestry Maintenance.Certified Cotton Growers' Organization FundAgricultural Regulatory Fund .............Agricultural Resources Conservation Fund.................
1.
2.
4. Department of Tourist Development
Administration and Marketing .
Welcome Centers
TotalTitle lll-3
1.
2.3.4.5.6.7.8.L
10.11.12.13.14.15.'16.
17.'18.
19.20.21.22.23.24.25.26.27.28.29.30.31.
5. Department of Environment and Conservation
Administrative ServicesRecreation Educational Services
Total Title lll-4
Historical CommissionArchaeologyGeologyTennessee State Parks.Natural Areas ...........State Parks MaintenanceMainienance of Historic Sites ....................
5,425,100.0012,861,800.0021 ,019,900.0023,090,700.00
157,2Q0.04607,500.00
2,354,400.003,187,500.00
68,704,'100.00
10,917,300.001,500,000.00
12,417,300.00
5,689,500.00774,000.00
2, 1 86,1 00.00787,800.00463,000.00
41,124,800.00494,100.00
2,214,100.00285,000.00
1,025,900.001,349,700.001,320,500.002,522,700.001,174,400.00
605,100.009,214,500 001,825,200.00
500,000.001,000,000.00
987,300 001,894,600.00
19,461,800.006.987,700.00
47,296,000.005,985,400.001,215,400.00
100,000.00518,100 0042,000.00
3,718,700 003,087,500.00
West Tennessee River Basin AuthorityEnvironment AdministrationUsed Oil Collection Programïennessee Dry Cleaners Environmental Response Fund ..............Air Pollution ControlRadiological HealthWater Pollution ControlSolid Waste ManagementAbandoned Lands...........Hazardous Wasie Remedial Action FundWater SupplyGroundwater Protecf
.,. '$
Underground Storage TanksSolid Waste AssistanceEnvironmental Protection FundClean Water and Drinking Water State Revolving Fund ............West Tennessee River Basin Authority Maintenance ................State Lands Compensation Fund.Office of Environmental Assistance .
Conservation CompensationLocal Parks Acquisition FundSiate Lands Acquisition Fund
Total Title lll-5
ion:T
1.
2.J.
4.
6. Tennessee Wildlife Resources Agency
Wildlife Resources Agency......... .............................. $Boating SafetyWetlands ComWetlands Acquisition Fund
Fund
pensation Fund
Total Title lll-6
$ 165,850,900.00
35,367,600.005,814,800.00
400,000.006,506,300.00
48,088,700.00
HB 2139
The appropriaiion made under Title lll-6 may be increased or decreased as reaiizedreceipts of the Wildlife Resources Fund justify, subject to the provisions of Tennessee CodeAnnotated, Title 4, Chapter 3, Part 10 and Title 9, Chapter 4. Pa¡L Si .
7. Depadment of Correction
1.
2.3.4.5.6.7.8.o
10.11.12.13.14.15.16.17.18.19.20.21.
Administration ... ....State Prosecutions.Correction Academy......Tennessee Prison for Women .
Turney Center lndustrial ComplexMark Luttrell Correctional FacilityCharles B. Bass Correctional ComplexSoutheastern Tennessee State Regional Correctional Facility .
Correction Release CentersMajor Maintenance..............West Tennessee State PenitentiaryRiverbend Maximum Security Institution.Northeast Correctional Complex.South Central Correctional CenterNorthwest Correctional Complex..Lois M. DeBerry Special Needs Facility.......Hardeman County lncarceration AgreementSentencing Act of 1985Sex Offender Treatment ProgramHardeman County Agreement - WhitevilleMorgan Gounty Correctional Complex......
1.
2.ó.4.Ã
o.7.8.o
Administrative Services .
Department of Economic and Community Developmenl
Business Development
Total Title lll-7
15,300,500.001 16,852,800.00
5,025,600.0022,032,700.0036,825,100.0013,549,600.0027,895,200.0024,613,000.00
1,918,800.005,629,800.00
55,755,400.0025,448,000.0039,63'1,900.0027,874,600,0049,660,100.0038,1 12,000.0039,344,000.0048,096,100.00
443,600.0031,112,800.0058,919,100.00
684,040,700.00
Business Services.FastTrack lnfrastructure and Job Training AssistanceCommunity Development .
Energy DivisionRegional Grants Management..............Economic Development District GrantsFilm and Television Incentive Fund ......
Total Title lll-8..
Department of Education
Administrative Services1.1 Administration1.2 State Board of Education .......1.3 Governor's Books from Birth Fund
Total Administrative Services ........,..........
Kindergarten, Êlementary and Secondary
2.1 State Programsa.b.
d
Curriculum and I nstructionCareer Ladder..........
5,147,900.004,205.800.00
f. Grants-ln-Aid.....................g. Technology, lnfrastructure,
257,900.0026,801,900.00
5,'199,000.0034,800.00
918,300.001,500,100.002,500,000.00
46,565,700 00
h. Accountability and Assessment..
Ã
and Support Systems.
6,789,200.00838,900.00
3,444,100.0011,A72,200.AA
6,096,200.0050,500,000.00
3,798,619,100.001,700,000.004,547,800.004,393,900.002,607,700.00
33,995,200.00
HB 2139
i. Early Childhood Education
2.2 Federally Funded and Supporied Programs
Subtotal State Programs
c. Special Education Servicesd. Tennessee Early lntervention Servicese. ESEA No Child Left Behind....Subtotal Federally Funded and Supported Programs....... ... $
2.3 Lottery-Funded Programs
a. lmproving Schools Program.b. School Nutrition Program.....
a. After-School Programs Special Account
4.
Subtotal Lottery-Funded Programs
Career and Technical Education Programs
Special Schools4.1 Alvin C. York lnstitute.
Total Kindergarten, Elementary and Secondary.
4.2 Tennessee School for the Blind4.3 Tennessee School for the Deaf ....4.4 West Tennessee School for the Deaf ............4.5 Major Maintenance..............
Total Special Schools.........
Total Title lll-9...............
10. Higher Educaiion
Administration and Support Services1.1 Tennessee Higher Education Commission....1.2 Contract Education......1-3 Tennessee Student Assisiance Awards ........1,4 Tennessee Student Assistance Corporation .
1.5 Loan/ScholarshipPrograms1.6 Foreign Language lnstitute.........1.7 THEC Grants
Total Administration and Suppori Services....
Excellence lnitiatives2.1 Academic Scholars Program.....,..2.2 Centers of Excellence2.3 Campus Centers of Emphasis..
Total Excellence lnitiatives..
90,545,100.003,993,005,000.t0
20,391,600.004,806,700.00
645,900.0012,754,20A.00
470,000.0039,068,400.00
13,200,000.0013,200,000.00
4,045,273,400.00
3,938,000.00
5,480,200.0010,632,900.0014,966,600.002,536,300.00
239,100.0033,855,100.00
4,094,138,700.00
1.
2.
$$$
... $
... $
University of Tennessee System3.1 Administrative and Other Services
a. UT University-Wide Administrationb. UT lnstitute for Public Service
a
c. UT Municipal Technical Advisory Service.d. UT County Technical Assístance Service.
g. UT Research lnitiativesSubtotal Administrative and Other Services
3.2 Agricultural Services
e. UT Access and Diversity lnitiative ..f. UT Space lnstitute
..... $ 2,141.90A.002,198,200.00
49,362,500.00r ,203,100.00I ,19'1,000.00
335,400.002,339,200.00
58,771,300.00
40'1,800.0017,328,000.00
1,247,604.0018,977,400.00
a. UT Agricultural Experiment Stationb. UT Agricultural Enens¡on Service.c. UT Veterinary Medicine...Subiotal Agricultural Services
.... $
..,. $ 4,435,100.004,355,100.002,569,700.00'1,534,200.00
5,600,600.007,288,300.00
10,945,204.0036,728,200.00
23,190,400.0027,964,000.0014,508,400.0065,662,800.00
HB 2139
3.3 Medical Educationa. UT Health Science Center..b. UT Family Medicinec. UT College of Medicine
3.4
Subtotal Medical Education
University Campusesa. UT Chattanooga
4.
b. UT Knoxville
Total University of Tennessee System
Tennessee Board of Regents System4.1 Administration and Other Services
c. UT MartinSubtotal University Campuses
Subtotal Administration and Other Services.
4.2 Medical Education
a. Tennessee Board of Regents......... ............. $b. Regents Access and Diversity Initiative.........
a. ETSU College of Medicineb. ETSU Family Practice
4.3 Regional Universitiesa. Austin Peay State University.
Subtotal Medical Education
.......... $
b. East Tennessee State Universiiy
63,332,300.009,383,400.00
43,005,300.00115,721,000.00
33,787,900.00145, 1 1 3,400.0024,293,900.00
203,195,200.00421,307,200.00
4,603,800.009,892,900.00
14,496,700.00
25,848,800 005,319,200.00
31 , 168,000.00
c. University of Memphisd. Middle Tennessee Staie Universitye. ïennessee State Universityf. Tennessee Technological Universiiy
4.4 Community Colleges
Subtotal Regional Universities
$$
a.b.c.d.
f.
s.h.i.
jk.t.
Southwest Tennessee Community CollegeNashville State Community College ..........Pellissippi State Community CollegeNortheast State Community College .........Chattanooga State Community College ....
Cleveland State Community College..........Columbia State Gommunity Coliege..........Dyersburg State Community College ........Jackson State Community Co11e9e............Motlow State Community CollegeRoane State Community CollegeVolunteer State Community College......
m. Walters State Community College..........Subtotal Community Colleges
4.5 TennesseeTechnology Centers..
4.6 AgriculturalCenters
$ 2ô,265,200.0046,141,400.00
102,340,000.0073,959,800.0029,553,900.0036,'155,700.00
$ 314,416,000.00
a. TSU McMinnville Center........b. TSU lnstitute of Agricultural
and Environmental Researchc. TSU Cooperative Education..d. TSU Mclntire-Stennis Forestry ResearchSubtotal Agricultural Centers.........Total Tennessee Board of Regents System
Lottery-Funded Programs
............. $
5.1 Lottery for Education Account
32,166,400.00r 3,943,800.0018,887,200.0012,'î93,000.0020,291,500.00
9,098,500.0011,481,500.006,547,100.00
10,615,400.009,640,100.00
15,655,500.0015,462,500.0016,147,500.00
192,130,000.00
Total Lottery-Funded Programs.......
7
$ 52,302,300.00
..... $ 528,800.00
2,145,700.Q02,917,000.00
170,600 005,762,100.00
6'10,275,100 00
298,200,000.00298,200,000.00
$$
$$
HB 2139
1.
2.3.4.
5.þ.7.8.9.
10.
11. Department of Commerce and lnsurance
Consumer Affairs..................Fire Service and Codes Ënforcement Academy .
TotalTitle lll-10
911 Emergency Communications FundRegulatory Boards..........4.1 Real Estate Education and Recovery Fund...............,.....4.2 Auctioneer Education and Recovery Fund ......................Tennessee Law Enforcement Training AcademyPOST Commission.Cemetery Consumer Protection Fund .............Pre-Need Funeral Consumer Protection Fund.Tennessee Athletic CommissionFire Fighting Personnel Standards and Education
12. Department of Financial lnstituiions.
The appropriation made under Title lll-12 may be increased or decreased as realizedreceipts justify, subject to the provisions of Tennessee Code Annotated, Title 4, Chapter 3, PaÍ10 and Title 9, Chapter 4, Parl 51 .
13. Department of Labor and Workforce Development
Total Title lll-'1'1
$ 1,407,531,000.00
1.
2.
4.Ã
o_
7.8.9.
TotalTitle lll-12
Administration.ïennessee Occupational Safety andHealth Administration (TOSHA).... ..
1,154,200.002,900,000.00
61,037,300.0018,512,500.00
291,000.0081,800.00
2,312,900.008,809,300.00
365,100.00100,000 00346,900.00
4,356,400.00
100,267,400.00
8,531,600.00
Workers' CompensationMinesBoilers and ElevatorsLabor Standards.Second lnjury FundAdult Basic EducationWorkers' Compensation Employee Misclassification Educationand Enforcement Fund (WCEMEEF)
14. Departmeni of Mental Health
Administration1.1 Administrative Services Division.........
Total Administration ...........
Mental Health Services
$ 8,531,600.00
Total Title lll-'13 .
2.1 Lakeshore Mental Health lnstitute2.2 Middle Tennessee Mental Health lnstitute2.3 Western Mental Health lnstitute.2.4 Moccasin Bend Mental Health lnstitute2.5 Memphis Mental Health lnstitute2.6 Community Mental Health Services2.7 Major Maintenance.
2,969,800.00
4,890,800.0015,504,400.00
374,900.004,317,100.001,206,300.00
10,958,900.003,843,700 00
319,000.00
44,384,900.00
Alcohol and Drug Abuse Services3.1 Community Alcohol and Drug Abuse Services
Total Alcohol and Drug Abuse Services .. .......
Total Mental Health Services
TotaiTitle llt-14
.$
.$11,783,900.0011,783,900.00
20,057,500.0026,628,800.0020,427,200.0014,136,000.0018,294,800.0059,070,500.00
450,000.00159,064,800.00
14,840,600.0014,840,600.00
185,689,300.00
.ü
.$
.$
HB 2139
15. Department of Military
1.
2.J.
4.5.o.
AdministrationArmy National GuardAir National GuardTennessee EmergencyArmories MaintenanceArmories Utilities
Total Title lll-15..
16. Department of Health
Administration1.1 ExecutiveAdministration
Management Agency
1.2 Administrative Services1.3 Office for lnformation Technology Services1.4 Policy Planning and Assessment
Manpower Resources and Facilities2.1 Bureau of Health Licensure and Regulation
Total Administration
2.2 Emergency Medical Services2.3 LaboratoryServices.2.4 Health Related Boards2,5 Trauma System Fund.
J-
Total Manpower Resources and Facilities.
Community Health Services3.1 Health Services Administration. ............ . .
3.2 General Environmental Health
2,220,100.00855,400.00
2,332,500.002,68'1,900.00
588,200.001,830,900.00
3.3 Maternal and Child Hea|th...........3.4 Communicable and Environmental Disease Services3.5 Community and Medical Services3.6 Diabetes Prevention and Health lmprovement.
.......... $ 10,509,000.00
3.7 Division of Animal Welfare ....Total Community Health Services
17. Departmeni of Human Services
7,034,600.002,920,300.005,183,600.004,305,600.00
19,444,100.00
8,234,800.00593,900.00
6,841,500.0013,846,300.009,000,700.00
38,517,200.00
7,485,100 001 1,769,30C.002,412,400.00
12,289,000.0010,486,800 005,143,500.00
Administration1.1 Administration
.......................... $
.... ..... .. ........... $
TotalTitle lll-16
1.2 Field Operations1.3 County Rentals
2.
1.4 Appeals and Hearings.Total Administration .............
Family Assistance Services2.1 Child Support2.2 Family Assistance Services..
Total Family Assistance Services
3. Social Services
2.3 Temporary Cash Assistance.................2.4 Child Care Benefits
3.1 Community ServicesTotal Social Services
686,200 00$ 50,272,300.00
.... $ 60.000.000.00
168,233.600.00
21,368,300.005,630,100.006,466,600.003,435,500.00
36,900,500.00
17,806,200.0070,717,900.0020,868,900.00f 4,699,800.00
124,092,800.00
1,605,000.001,605,000.00
.$
.$
HB 2139
4. RehabilitativeServices4.1 Vocational Rehabilitation
TotalTifle lll-17
18. Department of Revenue
Total Rehabilitative Services
1.
2.3.4.Ã
b.7.
Administration DivisionTax Enforcemeni Division...lnformation Technology Resources Division...Taxpayer and Vehicle Services DivisionProcessing DivisionAudit DivisionAnti-Theft Unit......... . .
19. Tennessee Bureau of lnvestigation
Total Title lll-1 9...........
20. Department of Safety
1.
2.J.
4.Ã
o.7.8.9.
TotalTitle lll-18
AdministrationDriver License lssuance.Highway Patrol ..
Motorcycle Rider EducationMotor Vehicle Operations
12,850,900.0012,850,900.00
175,449,200.00
6,587,100 005,509,000.00
19,172,300 0025,065,500.00
6,290.700.0019,478,400.00
1,476,300 00
83,579,300.00
35,471,200.00
35,471,200.00
Driver EducationOffice of Homeland SecurityMajor MaintenanceTechnical Services
Total Tifle lll-20..
1.
2.2
4.
21. Cover Tennessee Health Care Prograrns
CoverTNAccessTNCoverKidsCoverRx
22. MiscellaneousApproprlations
1. State Employees' Unemployment Compensation, Sick Leave,Death Benefit Payments and Terminal Leave Payments................ $ 200,000.00
$
c
Total Title lll-21
Consolidated Retirement System2.1 Former Governors and Widows
of Former Governors - Pensionslnsurance - Retirees
8,362,500.009,232,400.00
86,777.600.00525,800.00
10,r 56,300.00272,800.00
1,680,600.0010,100.00
881,600.00
'117,899,700.00
17,762,600.0023,049,200.0049,596,600.0013,188,500.00
3.1 Retirees Health lnsurance.
4.5_
o.7.IL
10.11.
3.2 Retired Teachers lnsurance......3.3 Basic Term and Acc¡dental Death lnsuranceAttorney's Fees - Civil Rights Cases................Special Election Reimbursement to CountiesDisaster Relief GrantsHomeland Security Emergency Fund.
.$
Criminal Justice Programs.Tennessee Association of Rescue Squads.Volunteer Rescue Squad - $25,000 Death BenefitYMCA Youth Legislature
10
$ r03,596,900.00
432,900.00
12,600,000.0020,800,000.00
450,000.00500,000.00300,000.00
2,000,000.001,100,000.001,062,600.00
7'i,300.0025,000.0025,000.00
HB 2139
12.13.14.15.'16.
17.18.19.20.21.22.23.
YMCA Community Action ProgramForensic Center at Quillen College of MedicineState Employees 1 .6% Salary 1ncrease....................Group Health lnsurance Premium - State Employees 111112........,Group Health lnsurance - Open Enrollment - State Employees ....Deferred Compensation - 401K Match - State Employees............lntergovernmental Conference Dues......UT CBER - Research AssistanceUT CBER - State Census Data CenterMVM - DUI Vehicle Confiscation ProgramMVM - Purchase of New VehiclesStatewide Rate Adjustments23.1 Rent Adjustments
24.25.26.27.28.29.30.31.
32.33.
34.
23.2 OIR Rate Adjustment for Data Center.23.3 Property lnsurance PremiumCivit Righis MuseumAdminisiration Legislation.....Legislative I nitiativesSeverance Benefit Plan.Swipe and Ride Benefit..Procurement CommissionFisk University - Stieglitz Colleciion Maintenance.Ladies Hermitage Association - Operationaland Flood Revenue Loss.Nashville Symphony - May 2010 Flood Relief...American Battle Monuments Commission - Maintenance ofTennessee World War I Monuments in France
350,000.00100,000.00
23,100,000.005,200,000.004,'100,000.009,197,000.00
571,800 00159,200.00278,000.00720,000.00
3,500,000.00
2,000,000.003,055,400.001,200,000.00
250,000.002,000,000.005,000,000.00
725,800.00500,000.00662,300.00
80,000.00
710,000.002,000,000.00
2,000.00'1,300,000.00
r 06,328,300.00
27,646,600.0030,956,200.0083,465,000.0037,078,700.0082,053,800.0011,072,500.0011,749,600.0011 ,7 17 ,100.0010,988,000.003,601,000.00
420,100.006,370,400.00
317,'119,000.00
75,181 ,300.0013,674,000.00
Total Title lll-22 .......................
23. Department of Children's Services
AdministrationFamily Support Services.....Custody ServicesAdoption ServicesChild and Family Management...........John S. Wilder Youth Development Center....Taft Youth Development Center.....................Woodland Hills Youth Development Center....Mountain View Youth Development Center....New Visions Youth Development Center........Major Maintenance..............Needs Assessment .............
1.
2.J.4.5.6.7.8.9.
10.11.12.
1.
2.
24. Board of Probation and Parole
Probation and Parole ServicesCommunity Corrections...
TotalTitle lll-23
1.
2.3.4.5.6.7.
25- Department of lntellectual and Developmental Disabilities
lntellectual Disabilities Services Adminisiraiion ............... . . .... ... $Community lntelleciual Disabilities Services........Quality Assurance Program........
Total Title lll-24
Clover Bottom Developmental CenterGreene Valley Developmental CenterHarold Jordan Center......West Tennessee Regional Office............
11
..... $ 88,855,300.00
1,315,'100.0014,202,800.00
838,500.0095,900.00
648,900.005,375,800.001,558,700 00
HB 2139
8.9.
10.11.12.13.14.15.to-
Middle Tennessee Regional OfficeEast Tennessee Regional OffÌce...West Tennessee Resource Center..Middle Tennessee Resource CenterEast Tennessee Resource Center...........Middle Tennessee Community Homes.East Tennessee Community Homes ....Major MaintenanceDevelopmental Disabilities Council
Totai Title lll-25............. .................... $
26. Department of Finance and Administration - Bureau of TennCare
1.
2.J.4.5.
TennCare Administration.TennCare Medical Services.Supplemental Payments.lntellectual Disabilities Services.Medicare Services.
The Emergency and Contingency Fund may be used for any purpose authorized by lawto be allowed on Executive Order of the Governor; provided, however, the Emergency andContingency Fund shall not be used to fund any law requiring the expenditure of state fundsunless an appropriation is made elsewhere for the estimated first yeais funding.
28. State Building Commission
1. Major Maintenance and Equipment.... $ 250,000.00
TotalTitle lll-26
1,043,900 001,063,900.00
155,200.00140,800.00123,100.00810,000.00416,000.00100,000.00220,600.00
28,109,200.00
Total Title lll-27
1.
2.
29
Total Title lll-28.
Facilities Revolving Fund
General Services Operating Maintenance
$ 94,095,800 001 ,829,868,600.00
243,883,900.00291,544,700.00287,701,900.00
ç 2,747,094,900.00
Facilities Management
30. Department of Transportation
There is hereby appropriated for the use of the Department of Transportation suchreceipts of highway revenues as are now provided by law, or may hereafter be so provided, toaccrue to that department during the fiscal year, beginning July 1, 2011,to be expended by theCommissioner of Transportation, all according to the following schedule:
2011-2012
1. Administration
........... $ 819,300.00
Total Title lll-29
$ 819,300.00
1.1 Headquarters1.2 Bureau of Administration1.3 Bureau of Engineering1.4 Field Engineering1.5 lnsurance Premiums'1 .6 Bureau of Environment and Planning
Toial Administration.
2. Equipment Purchases and Operations.........
12
250,000.00
7,517,200.005,547,600 00
$ 13,064,800.00
12,808,200.0041,489,900.00'16,657,000.00
40,414,900.008,400,000.006,237,000.00
'126,007,000.00
29,725,000.00
.Þ
a
HB 2139
3.
4.
Highway Maintenance.
State Construction4.1 HighwayBetterments4.2 State Aid4.3 State lndustrial Access..................4.4 Local lnterstate Connectors..........4.5 Capital lmprovements
Total State Construction
Federal Construction5.1 Mass Transit5.2 Planning and Research......5.3 lnterstate Construction5 4 Forest Highways ..................5.5 State Highway Construction5.6 BridgeReplacements5.7 Air, Water, and Rail Transportation
Said funds so appropriated shall be obligated and expended under the provisions ofTennessee Code Annotated, Title 4, Chapter 3, Part 10 and Title 9, Chapter 4, Par|5'1 . There isfurther appropriated to the Department of Transportation such departmental revenue, expresslyincluding federal matching funds, as may accrue to the departmeni.
The "Proposed Highway Program for Fiscal Year 2011-2012", prepared by theDepartment of Transportation as a supplement to and as "Supporting Data for the BudgetRequest", is hereby incorporated into and made a part of the Appropriations Act.
Whenever a determination is made that one or more of the projects in the apprcvedprogram cannot be proceeded wiih, the Commissioner of Transportation shall furnish, in writtenform as prescribed by the Chairmen of the F¡nance, Ways and Means Committees of theSenate and House and the Chairmen of the Transportation Committees of the Senate andHouse, the reasons for such proposed cancellation or rescheduling of said project, together witha recommendation for a substitute project. The notice of cancellation or rescheduling of saidproject shall be submitted to the Speaker of the Senate, the Speaker of the House ofRepresentatives, the Chairmen of the Finance, Ways and Means Committees of the Senate andHouse, the Chaírmen of the Transportat¡on Cornmitiees of the Senate and House and to theindividual Senator and Representative in whose districts the canceled project or proposedsubstitution is located.
From the funds appropriated above in ltem 4 2, State Aid, the sum of $9,540,000 isallocated forthe purpose of funding the state's eighty percent (80%) share of the project cost ofthe 1990 Bridge Grant Program. For the fiscal 201 1-2012 budget, the state shall fund an eightypercent (80%) share of this program and local governments shall be responsible for funding theremaining twenty percenl (20%), as set forth in Tennessee Code Annotated, Title 54, Chapter 4,Part 5.
For the fiscal year beginning July 1,2011 , the Commissioner of Transportation shalldistribute this money among the ninety-five (95) county geographical areas of the stateaccording to the following formula:
One-half of the funds shall be distributed equally, and one-half shall be distributed on thebasis of structural needs. Structural needs shall be deiermined by calculating the ratio of linearfeet of bridges with a load rating of less than ten tons, in each county geographical area, locatedon public roads other than those on a federal-aid system or the staie sysiem of highways, to thetotal linear feet of like bridges in the state.
31 . State Funding Board
There is hereby appropriated to the State Funding Board for interest and reduct¡on of thestate debt, for debt service expense and interest on proposed bond authorization:
1aIJ
Total Federal Construction
Total Title lll-30.
298,198,000.00
9,000,000.0030,622,000.0018,180,000.003,000,000.006,337,000 00
67,139,000.00
44,931,000.005,746,000.00
14,800,000.00200,000.00
142,654,000.0092,900,000.0052,000,000.00
353,231,000.00
$ 874,300,000 00
HB 2139
1.
2.3.4.5.b.
Retirement of BondsDebt Service ExpenseAmortization of Authorized and Unissued Construction Bonds......Amortization of Authorized and Unissued Highway Bonds ............Amortization of Bonds lssued - October 2010
The appropriation made underSection 1, Title lll-31, ltems 1, 2,3,4,5, and 6, is madeunder the provisions of Tennessee Code Annotated, Title 9, Chapter 9, and may be increasedto such amounts as will be necessary to carry out such provisions.
32. Capital Outlay
There is hereby appropriated to each of the departments and agencies enumeratedherein, funds for major maintenance, equipment, construction and acquisition of land, and forexpansion, improvement, betterments and repairs to existing structures. The Commissioner ofFinance and Administration is hereby authorized to transfer the amounts herein appropriated tothe Capital Projects Fund for the use of the said departments and agencies.
Total Title lll-3'l
1.
2.3.4.5.6.7.8.9.
Department of Economic and Community Deve|opment................. $Department of EducationDepartment of EnvironmeDepartment of lntellectualDepartment of Military
.s
2011-2012
60,766,000.00108,079,000.00
1,000,000.0093,600,000.00
128,600,000.0013,169,000.00
Department of Veterans Affairs .
Tennessee Board of Regents....University of TennesseeDepartment of Finance and Administration - Statewide Capital
Said funds herein appropriated shall be used solely Íor irrprovements, betterments, andadditions to state structures and for the acqu¡sition of additional land and space, including thepurchase of existing structures and grants, as descr¡bed or referred to above and as approvedby the State Building Commission; provided, further, that such funds as are appropriated hereinshall be utilized to finance only those projects, improvements, betterments, or additions whichare presented in the State of Tennessee's 2011-2Q12 Budget Document, as amended by anychanges or additional projects contained in the Appropriations Act as passed on third and finalconsideration; provided, further, that all funds appropriated in this act or other general acts ofthis session for capital outlay shall be subject to the provìsions of Tennessee Code Annotated,Title 4, Chapter 15, Part 1, and further expressly providing for the making of grants togovernmental entities. Such grants so identified and approved are determined to be for a publicpurpose.
Said funds herein appropriated to the Department of Economic and CommunityDevelopment shall be expended for the purpose of making grants to the Northwest TennesseePort Authority for the Cates Landing Port Project and expended for the purpose of acquisition ofequipment and acquisition, site preparation, erection, construction and equipment of sites andbuildings, and infrastructure improvements and development including but noi limited to sewer,water, utility infrastructure, and rail infrastructure, whether or not such infrastructure is owned byNorthwest Tennessee Port Authority; and to The lndustrial Development Board of HawkinsCounty, Tennessee, for the Horsehead Corporation Project and expended for the purpose ofacquisition of equipment and acquisition, site preparation, erection, construction and equipmentof sites and buildings, and infrastructure improvements and development including, but notlimited to, sewer, water, utility infrastructure, and rail infrastructure, whether or not suchinfrastructure is owned by The lndustrial Development Board of Hawkins County, Tennessee.
Such grants shall be made by the Department of Finance and Administration only ¡f suchgrant is approved by the State Building Gommission. Such grants so identified and approved
14
Maintenance
5 405,214,000 00
nt and Conservationand Developmental Disabilities
Total Title Ill-32
13,000,000.00620,000.00
2,770,000.00800,000.00277,500.00780,000.00
6,580,000.002,520,000.00
17,652,500.00
$ 45,000,000.00
HB 2139
are determined to be for public purpose for the reasons and findings previously set forth. Theappropriation for the grant to the Northwest Tennessee Regional Port Authority for the CatesLanding Port may be transferred to the highway fund.
33. Capital Outlay - Sinking Fund
There is hereby appropriated for the fiscal year beglnning July 1,2011, to the SinkingFund from the receipts of the tax levied by Tennessee Code Annotated, Titie 67, Chapter 4, Part20, "The Excise Tax Law", an amount to be determined by the State Funding Board.
SECTION 2. Capital Outlay and Major Maintenance
Item 1. Any funds appropriated by this General Assembly for capital outlay,capital maintenance and major maintenance shall not revert to the general fund but shallremain available until expended. lt is the intent of the General Assembly that funds ofcapital outlay nature shall remain available until expended for the purpose for which iheappropriations were made.
ln the fiscal years ending June 30, 2011, and June 30, 2012,the carry-forwardand reappropriation of unexpended appropriations for major maintenance shall besubject to approval by the Commissioner of Finance and Administration based upon theavailability of revenues and reserves in the general fund ai June 30, 2011, and June 30,2012.
Item 2. Any unexpended capital outlay or capital maintenance funds appropriatedby previous General Assemblies for completed or discontinued projects shall beaccumulated in a capital account to be administered by the Department of Finance andAdministration. Expenditure of these funds is subject to approval by the State BuildingCommission upon recommendation by the Commissioner of Finance and Administrationof each project to be provided forfrom said funds.
Item 3. From the appropriations made to the State Funding Board in Sectíon 1,Title lll-31, the Funding Board is hereby authorized to allocate and provide to the CapitalProjecis Fund such funds not required for debt service during fiscal year 2011-2012 forprojects duly authorized and approved by the General Assembly; provided, however,that when the Funding Board allocates funds under this provision. any otherappropriation or bond authorization for said purpose is hereby reduced accordingfy.
Item 4. From the funds appropriated for capital outlay in this act and other acts ofthe legislature, the Commissioner of Finance and Administration, with the approval of theState Building Commission, is authorized to charge the administrative costs of theconstruction programs to the capital ouilay appropriations or to transfer from the CapitalProjects Fund to ihe general fund an amount sufficient to cover ihose costs. Suchexpenditures shall be from non-bond proceeds.
Item 5. From the funds appropriated for capital outlay in this act and other acts ofthe legislature, the Commissioner of Finance and Administration is authorized toestablish and charge the costs of design and engineering positions to the capital outlayappropriations or to transfer from the Capital Projects Fund to the general fund anamount sufficient to cover these costs. This item is subject to approval by the StateBuilding Commission.
Item 6. From the funds appropriated for capital outtay in this act and other acts ofthe legislature, the Commissioner of Finance and Administration, with the approval of theState Building Commission, is authorized to transfer the appropriations for capitai ouilayto the Department of Finance and Administration to provide for the centralizedadministration of capital outlay. lt is further ihe legislative inient to allow for centralizedadministration of any project recommended by the Commissioner of Finance andAdministration and approved by the State Building Commission.
Item 7. To the extent that the accumulated yearly interest and earnings of theNatural Resources Trust Fund are available through June 30,2011, said funds arehereby appropriated to the Department of Environment ancj Conservation to be available
'15
HB 2139
for projects which are reviewed and evaluated under procedures established by theauthoriiy of Tennessee Code Annotated, Seciion 11-14-308.
Item 8. There is hereby appropriated to the Department of Mental Health theproceeds from the sale of any reat property and facilities being used by the department.The appropriation shall be available to fund the department's master plan for facilitiessubject to approval by the State Building Commission.
This appropriation is made notwithstanding the provisions of Section 20 of thisact and the provisions of Tennessee Code Annotated, Title 54, Chapter 2, Part 2, to thecontrary.
Item 9. There is hereby appropriated to the Department of Miliiary the proceedsfrom the sale of any real property and facilities being used by the depariment. Theappropriation shall be available to fund replacement facilities for the department subjecito approval by the State Building Commission.
This appropriaiion is made notwithstanding the provisions of Section 20 of thisact and the provisions of Tennessee Code Annotated, Title 54, Chapter 2, ?ar12, to thecontrary.
Item 10. Other provisions of ihe law to the contrary notwithsiandìng, anyproceeds from the sale of surplus lancj and real property in Davidson County are herebyreappropriated to the Departmeni of Finance and Administration to provide for the state'soffice space and support faciliiies requirements in Davidson County.
This appropriation is made notwithstanding the provisions of Section 20 of thisact and the provisions of Tennessee Code Annotated, Title 54, Chapter 2, Part 2, to thecontrary. Any reappropriation made pursuani to the provisions of this item is subject tothe approval of the State Building Commission.
Item 11. The appropriation in Section 1, Title lll-7. to the Department ofCorrection, Sentencing Act of 1985, is made pursuant to TCA, Section 9-4-210
(a) The appropriation reflects a base appropriation reduction of$1,459,100, which recognizes the increased recurring operating cosis at theSoutheastern Tennessee State Regional Correctional Faciliiy in fiscal year 2011-2012.
(b) The appropriation in the amount of $35,480,000 is herebyreappropriated to the department for major maintenance and capital outlaypurposes.
(c) From any remaining reserye fund balance carried foruvard at June 30,2011, there is hereby appropriated a sum sufficient to the department for majormaintenance and capital outlay purposes.
(d) Other appropriations made under this act to the Department ofCorrection, Sentencing Act of '1985, are hereby reappropriated to the clepartmentfor major maintenance and capital outlay purposes.
(e) On or before October 1,2011, the Commissioner of Finance andAdministration shall submit a detailed financial report to the Chairs of theFinance, Ways and Means Commiitees of the Senate and House ofRepresentatives and to the Chair of the Corrections Oversighi Committeeconcerning all activities of the "Sentencing Act of 1985 reserye account(established and ma¡ntained pursuant to TCA, S 9-4-210)" during fiscal year2010-2011 . The report shall indicaie the account balance on July'1 , 2010, andshall itemize all funds deposited inio the reserve account as well as ail funcjsallocated from the reserve account. For each such allocation from ihe reserveaccount, the report shall describe the purpose, amount and location oí theallocation as welf as any other information deemed to be informative by theCommissioner.
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HB 2139
Item 12. The provisions of this item shall take effect upon becoming law, thepublic welfare requiring it. From the appropriation rnade to the Departrnent of Economicand Community Development for capital outlay grants to the Wacker Chemie AG Plantproject in Section 1, Title lll-32 of Chapter 554, Public Acts of 2009, the Commissioner ofFinance and Administration is authorized to approve transfers io the FastTracklnfrastructure and Job Training Assistance program in the general fund.
Item 13. The capital maintenance project, MTSU Several Builcìings EnvelopeRepairs, to be funded in the amount of 91,290,000 (including $1,200,000 bonds) iromthe Tennessee Board of Regents approoriation in Section '1 , Title lll-32, ltem 7 of this actand listed on page A-141 oÍ the 2011-2012 budget document, is deleted and there ishereby reappropriated the sum of $1,290,000 (inctuding $1,200,000 bonds) for theMTSU Saunders Fine Arts Building HVAC Updates.
sEcïtoN 3.
Item 1. Appropriations made under Section 1, Titles lll-1 1 and lll-16, for theoperation of the state regulatory boards. shall be subject to allotment by theCommissioner of Finance and Administraiion, and no expendlture shall be made by anysaid boards out of fees collected by them unless and until such allotments have beenmade by the Commissioner of Finance and Administration. Such allotments for theoperation of said respective boards as are made by the Commissioner of Finance andAdministration shall be disbursed under the provisions of Tennessee Code Annotated,Title 4, Chapter 3, Part 10 and Title 9, Chapier 4, Par-t 5î.
The allotment hereinabove provided shall be subject to the condition ihat nomoney shall be paid therefrom for the salary of any empioyee of sa¡d boards unless anduntil such salary has been approved by the Commissioner of Human Resources. Theappointment of all employees of said boards shall likewise be appr-oved by theCommissioner of Human Resources.
Notwithstanding any provision oí law to the contrary, no member of any board orcommission established by law or pursi.:ant to law, which receives an appropriationunder this act, regardless of ihe source of funding, shail receive any compensation,whether denominated per diem or by whatever name called, except íor days in whichsuch member actually works four (4) or more hours performing duties directly relating tothat board's or commission's activities, or for time or days spent attending meetings ofthat board or commission. The chairman or head of each board or commissíon, ihedepartment head to which such board or commission is attached administratively, andthe Commissioner of Finance and Admlnistration, shall prescribe procedures to contain,as a minimum, a certification of time worked by each member claiming compensation.
Item 2. Except as otherwise provided in this section, ihe appropriations to theWildlife Resources Agency under Sect¡on 1, Title lll-6, shall be paid oui of the specialfund established under Tennessee Code Annotated, Title 70, Chapter 1, Part 4 andSection 69-9-203. Such appropriations shall be expended under the provisions ofTennessee Code Annotated, Title 4, Chapter 3, Part 10 and Titie 9, Chapter 4, Pañ 51 .
and shall be used only for the expenses of ihe Wildlife Resources Agency pursuant toTennessee Code Annotated, Title 70 and Title 69, Chapter 9, Part 2, and no part of theunexpended fund left at the end ofthe fiscal year shall be used for any other purpose butshall be carried over in said fund and may be expended during the next year, and all ofsaid fees and revenues provided by Tennessee Code A.nnotated, Tiile 70 and Title 69,Chapter 9,Par|2, are herein specifically apportioned and appropriated to the use and forthe benefit of the Wildlife Resou:'ces Agency to be expended under the provisions ofTennessee Code Annotated, Title 4, Chapter 3, Part 10 and Title 9, Chapter 4, Paft 51.Nothing in this item shall be construed as relieving the Wildlife Resources Agency of theduty of policing littering of lakes and streams.
Item 3. The appropriation to the State Board of Larry Examiners in Section 1, Titlell, ltem 16, shall be from funds generated by fees coilected by the board under theprovisions of Tennessee Code Annotated, Title 23, Chapter 1.
ln case the appropriation io the board shall prove inadequate to allow the boardto function efficiently, ihe Commissioner of Finance and Administration may make an
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HB 2139
additional allotment thereto from the general fund, the total of all allotments to the boardnot to exceed the revenues paid into the treasury by the board.
liem 4. The appropriation to the Department of Financial lnstitutions in Secticn 1,Title lll-'12, shall be derived from banking fees assessed pursuant to Tennessee CodeAnnotated, Title 45, Chapter 1, PatT 1. No part of the unexpended fees left at the end ofthe fiscal year shall revert to the general fund.
DEPARTMENTAL REVENUES
SECTION 4. All departmental revenues of every kind, as hereinafter defined, collectedby any department, institution, office, or agency, in the course of iis operations, íor ¡ts own use,are hereby appropriated to it in addition to the specifìc appropriations made by this act, unlessotherw¡se provided in this act or other provision of iaw. Federal aid funds granted to the state forthe use of or to be administered by any department, institution, or agency, are likewiseappropriated. For the purpose of this section "deparimental revenues" are defined as (1)earnings or charges for goods or services; (2) donations, contrlbutions or pariÌcipation bypolitical subdivisions, foundations, corporations, firms or persons. State revenues, incontradistinction to departmental revenues, are the proceeds of iaxes, licenses, fees, fines,forfeiture or other imposts laid specifically by law.
Notwithstanding any provision of the previous paragraph, the Department of Health shalldeposit all funds generated by fees or taxes collected by such entity in the general fund of thestate. Any appropriations for the operation of such eniity shall be subject to allotment by theCommissioner of Finance and Administration, and no expenditure shall be made by any suchentity out of fees or taxes collected by it, unless and until such allotments have been made bythe Commissioner of Finance and Administration. Such allotrnents for the operation of suchent¡ty as are made by the Commissioner of Fìnance and Administraiion shall be disbursedunder the provisions of Tennessee Code Annotated, Title 4, Chapter 3, Parl 10 and Title 9,Chapter 4, Parl 51 .
The departmental revenues and federal aid funds appropriated under ihis act shallinclude the amounts hereinafter set out:
I. LEGISLATIVE 2011-2012
1.
2.
4.
Legíslative Administration ServicesHouse of Representatives .
State SenateGeneral Assem
1.
2.2
n̂-
5.6.7.8.L
Appellate and Trial CourtsSupreme Court Buildings.
bly Suppori Services
il.
Total Title I .............
JUDICIAL
Child Support Referees .
lndigent Defendants' Counsel..Appellate Court ClerksJudicial Programs and Commiss¡ons.Administrative Office of the CourtsJudicial ConferenceCouncil of Juvenile and Family Court Judges
III. EXECUTIVE
1. Constitutional and Quasi-Judicial Offices
Attorney GeneraÍ and Reporter
Total Title ll
$ 17,000.00
1.1 Attorney General and Reporter1.2 Special Litigation.......
18
28,500.0022,000.0070,000.00
137,500.00
27,3C0.00613,000.00
1,587,900.005,000.00
1,627j00.00498,200.00
f ,307,400.0040,000.00
121,000.00
5,826,900.00
1 1,871 ,600.00788,740.C4
HB 2139
Total Attorney General and Reporter.
District Attorneys General Conference2.1 District Attorneys General2.2 District Atiorneys General Conference.2.3 ExecutiveDirector.2.4 lV-D Child Support Enforcement.
Total District Attorneys General Conference
Secretary of State3.1 Secretary of State3.2 State Library and Archives3.3 Regional Library System3.4 Bureau of Ethics and Campaign Finance3.5 Charitable Solicitations and Charitable Gaming3.6 Help America Vote Act
4. District Public Defenders Conference
Total Secretary of State
4.1 District Public Defenders.
5. Comptroller of the Treasury5.1 Division of Administration
$ 12,660,300.00
Total District Public Defenders Conference
5.2 Office of Management Services.5.3 Division of State Audit........... ....5 4 Division of County Audit5.5 Division of Municipal Audit
e
5.6 Office of State and Local Finance5.7 Office of Local Government.................5.8 Division of Property Assessments....5.9 State Board of Equa|i2ation....................5.10 Offices of Research and Education Accountability5. 1 1 Office of State Assessed Properties . . ...5.12 Telecommunications Ad Valorem Tax Equity Payments .......
Total Comptroller of the Treasury.......
Treasury Department6.1 Treasury Department6.2 Small and Minority-Owned Business Assistance Program ....
Total Treasury Department
Claims and Compensation7.1 Criminal lnjuriesCompensation7.2 Unclaimed Property........7.3 Risk Management Fund
Total Claims and Compensation .............
Toial Title lll-1 ...............
2. Executive Offices
Commissions1.1 Commission on Children and Youth1.2 Commission on Aging and Disability
6,310,700.00161 ,000.00
1,250,500.0019,052,900.0026,775,100 00
7,183,300.003,634,300.00
822,500.00515,'100.00
1,399,000 0027,500,000.0041,054,200.00
1,609,100.001,609,100.00
109,400.00272,50A.00
4,426,400.001,253,200.00
215,000.00537,300.00'100,000 00
1 ,719,500 00'100,000.00
552,600.00125,000.00172,100.00
9,583,000.00
25,476,200.00410,000.00
25,886,200.00
5,460,000.0031,500,000.0054,973,20A.0091,933,200.00
209,501,100 00
o-
7.
$a
1.3 Alcoholic Beverage Commission1.4 Human Rights Commission.1.5 Advisory Commission on lntergovernmental Relaiions....1.6 Tennessee Housing Development Agency.1.7 Arts Commission.LI Tennessee Regulatory Authority1.9 Health Services and1 .10 Corrections lnst¡tute1.1 1 Tennessee Rehabilitative lnitiative in Correction........
19
Development Agency
$
$
5,759,800 0031,003,400 00
5,237.300.00748,900 00
2,640,900.00226,485,700.00
3,023,100.00644.200.A0
16,400.0060,000.00
31,316,600.00
HB 2139
1.12 State Museum......
2. Department of Finance and Administration2.1 Division of Administration...........................
ïotal Commissions.
2.2 Office for lnformation Resources2.3 BenefitsAdministration2.4 Division of Accounts2.5 Criminal Justice Programs2.6 Real Property Administration2.7 VolunteerTennessee....2.8 .Resource Development and Support .........2.9 OffÍce of lnspector General2.'10 Enterprise Resource Planning2.11 Shared Services Solutions2.12 Eleclronic Health lnitiative........
Department of Human Resources
Total Department of Finance and Administration.
3.1 ExecutiveAdministration3.2 Human Resource Development3.3 Technical Services,.. ....
Total Depariment of Human Resources..
Department of General Services4.1 Administration...4.2 Postal Services.
...... $
4.3 Motor Vehicle Management4.4 Property Management.........4.5 Printing and Media Services
5,000.00306,941,300.00
9,084,600.00138,648,500.00
12,210,700.0011,806,300.0020,899,500.00
5,163,900.004,374,000 00
199,800.004,609,300.00
23,672,000.00899,100.00616,100.00
232,183,800.00
4.6 Purchasing4.7 Office of lnformation Technology Services (OITS)4.8 Warehousing and Distribution ..
Department of Veterans Affairs
Total Department of General Services
1.
2.J.
4.5.6.
Administration and Grants .
Department of Agriculture
.$
Regulatory Services
Total Title lll-2
Market Development.Forestry OperationsGrain lndemnity Fund
......... s
Agricultural Regulatory Fund
TotalTitie ill-3
859,900.002,672,700.003,480,000.007,012,600.00
5,864,900.0021,533,000.0032,500,500.0012,747,600.004,533,000.004,447,100.001,977 ,700.006,133,800.00
89,737,600.00
539,700.00
636,415,000 00
4,884,600.006,833,100.00
442,800.006,637,300.00
126,700 00120.000.00
1.
2.
4. Department of Tourist Development
Administration and MarketingWelcome Centers
1.
2.?
4.5.
5. Department of Environment and Conservation
Administrative ServicesRecreation Educationa! Services
Total Title lll-4....
Historical Commission..Land and Water Conservation FundArchaeology
....... $ 19,044,500 00
$ 1,047,200.006,451,300.00
..... $ 7,498,500.00
20
10,21 1 000.004,475,800.00
504,600 00750,000.00
98,000.00
HB 2139
o.a
8.L
10.11.12.13.14.15.lo.17.18.19.20.21.22.23.24.15.
GeologyTennessee State ParksNatural AreasState Parks MaintenanceWest Tennessee River Basin Auihoriiy . ..
Environment AdministrationAir Pollution ControlRadiological HealthWater Pollution ControlSolid Waste Management
Hazardous Waste Remedial Action Fund.....Water SupplyGroundwater Protection.Underground Storage Tanks ...........Clean Water and Drinking Water State Revolving FundUsed Oil Collection ProgramFleming Training CenterOffice of Environmental AssistanceTennessee Heritage Conservation Trust Fund .
1.
2.J.
6. Tennessee Wildlife Resources Agency
Wildlife Resources Agency.Boating Safety...........
TotalTitle lll-5
Wetlands Acquisition Fund
695,500.0035,964,000.00
249,700.00284,600.00352,200.00
4,059,300.0012,001 ,700.005,304,700.00
r 3,073,300.009,700,600.006,867,300.00
10,812,600.006,152,500.004,563,800.002,077,300.00
44,6'15,300.00233,900.00966,900.00s17,700.00
1,000,000.00
175,932,300.00
24.898.700.003,803,300.00
15,000 00
28,717,400.00
5,681,000.00800,000.00
64,900.00843,100.00
1,327,000.00542,000.00
1,i3'1,800.00788,100.00
18,900.0018,700.00
1,320,200.00426,900.00
1,316,500.oCI't8,700.00
1,732A00.04397,400.00
1,654,400.007 500 00
60,000.00
18,149,500 00
733,300.0020,000.00
82,640,600.00125,000.00340,500.00
1,986,900.004,'i65,500.00
t.
2.J.
4.5.6.7.a
9.10.11.12.15.
14.tc.16.17.18.'t9.
7. Department of Correction
Administration ..
State Prosecutions ............
lotal Title lll-6
Correction AcademyTennessee Prison for Women .
Turney Center Industrial CompMark Luttrell Correctionai FacilityCharles B. Bass Correctional Complex........Southeastern Tennessee State Regional Correctional Facility ......Hardeman County lncarceration Agreement....Hardeman County Agreement - Whiteville.West Tennessee State PenitentiaryRiverbend Maximum Security lnstitutionNortheast Correctional ComplexSouth Central Correctional CenterNorthwest Correctional CompiexLois M. DeBerry Special Needs FacilityMorgan County Correctional Complex..
lex.
Sentencing Act of 1985Sex Offender Treatment Program
1,
2..1.
4.5.6.7.
Administrative Services
Department of Economic and Community Development
Business Development...Regional Crants ¡¡anage;eni
Total Title lll-7
Business Services.FastTrack lnfrastruciure and Job Training AssistanceCommunity DevelopmentEnergy Division
21
HB 2139
8.9.
10.11.12.
Small Business Energy Loan Prograrn..Tennessee Energy Loan ProgramLocal Government Energy Loan ProgramTennessee Job Skills Program
1.
2..1.
4.5.t).
7.L9.
10.11.12.13.14.15-16.17.18.19.
9. Department of Education
AdministrationESEA No Child Left Behind.
TotalTitle Ill-8
Technology, lnfrastructure, and Support SystemsTraining and Professional Development.Curriculum and lnstruciion.I mproving Schools ProgramAccountability and Assessmeni.After-School Programs Special AccountEarly Childhood EducaiionEnergy Efficient Schools lnitiativeSchool Nutrition Programs.,Special Education ServicesCareer and Technical Education PrograrnsRace to the Top.Alvin C. York lnstituteTennessee School for the Blind.ïennessee School for the Deaf...
100,000.005,000,000.00
100,000.005,285,200.00
48,600.00
100,545,600.00
1,556,400.00319,548,500.00
773,400.00617,500 00't33,100.00
30,465,600.005,431,700.00
300,000.001,633,700.00
36,673,300.00286,262,500.00235,849,600.00
27,922,044.00125,321,400.00
1,055,700 00913,000.00543,400.00222,700.00
23,250,000.00
1,098,473,500.00
14,758,440.408,362,400.00
190,002,500.0024,17õ,700.44
378,700.003,374,100.001,286,900.0C
21,500,000.00
263,839,700.00
8,958,100.0013,335,600.0020,504,600.00
2,523,500.002,001,000.00
82,000.0093C.600.00
13,0'18,900.00598,700.00
1,774,404.401,500.00
63,728,900 00
8,166,500.00
8,16ô,500.00
West Tennessee School for the Deaf ..
Tennessee Early lntervention ServÌces
1.
2.3.4.5.6.7.8.
't0
TotalTitle lll-9
Higher Education
Tennessee Higher Education CommissionTennessee Student Assistance AwardsFederal Family Education Loan Program (FFELP)Tennessee Student Assistance CorporationAcademic Scholars ProgramLoan/Scholarship ProgramsTHEC GrantsLottery for Education Account..
TotalTitle lll-10
1.
2.3.4.5.6.7.8.o
10.11.
11. Department of Commerce and lnsurance
Administrationlnsurance
TennGare OversSecuritiesConsumer Affairs...........Fire Service and Codes Enforcement Academy91 1 Emergency Communications Fund ...Regulatory Boards...........Tennessee Law Enforcement Training AcademyPOST Commission.........
ight
12 Department of Financial lnstitutions .
TotalTitle lll-1 1
Total Title lll-12.
22
$
$
$
HB 2139
13. Department of Labor and Workforce Development
1
2.
J.4.5.6.7.8.o
10.
AdministrationTennessee Occupational Safety and HealthAdministration (TOSHA) .
Workers' Compensation .
Mines.Boilers and ElevatorsLabor Standards.WorKorce Development.Second lnjury Fund.Adult Basic Education .
Employment Security ..
14. Department of Mental Health
Administration1.1 Administrative Services Division
TotalTitle lll-13
Mental Health Services2.1 Community Mental Health Services
Total Administration
2.2 Lakeshore Mental Health 1nstitute...............2.3 Middle Tennessee Mental Health lnstitute...2.4 Western Mental Health lnstitute2.5 Moccasin Bend Mental Health lnstitute........ .
2.6 Memphis Mental Health lnstituteTotal Mental Health Services
Alcohol and Drug Abuse Services
6,779,700.00
4,179,100.0032,000.00
241,600.0060,000.00
203,200.0068,581,700.00
275,000.0011,707,000.0083,965,100.00
176,024,400.00
3.1 Community Alcohol and Drug Abuse Services
TotalTitle lll-14
15. Department of Military
Total Alcohol and Drug Abuse Services .
1.
2.3.4.5.o.7.8.
Administration ..
Army National Guard..........Air National GuardTennessee Emergency Management AgencyArmories MaintenanceHomeland Security GrantsTEMA Disaster Relief Grants..
Þ
$
Armories Utilities...
5,520,700.005,520,700.00
17,973,000 006,729,000.00
14,936,500.0013,823,500.001 1 ,037,100.004,133,500.00
68,632,600.00
35,255,800.0035,255,800.00
109,409,100.00
'1,007,900.00
6,401,600.0013,329,700.009,794,800.007,190,200.00
55,043,900.005,000,000.003,836,600.00
'101,604,700.00TotalTitle lll-15
16. Department of Health
Adminisiration1.1 ExecutiveAdministration
1.
1.3 Office for lnformation Technology Services.1.4 Policy Planning and Assessmenl
Total Administration ...................
Manpower Resources and Facilities
$$ö
2.1 Bureau of Health Licensure and Regulation...2.2 Emergency Medical Services2.3 Laboratory Services2.4 Health Related Boards
2,7
1,284,900.001,205,500.00
126,000.007,037,400.009,653,800.00
8,825,000.001,414,700.00
12,678,100.00'129,000.00
.$
HB 2139
J.
Total Manpower Resources and Faciliiies......
Community Health Services3.1 General Environmental Health.3.2 Health Services Administration.3.3 Maternal and Child Hea|th...........3.4 Communicable and Environmental Disease Services3.5 Community and Medical Services3.6 Women, lnfants, and Children WIC)... ....
4. Local Health Services
Total Community Health Services.
17. Department of Human Services
Administration1.1 Administration
Total Title lll-16.
1.2 Field Operations1.3 County Rentals .
1.4 Appeals and Hearings
2. Family Assistance Services
Total Administration
2.1 Child Support.2.2 Child Care Benefits2.3 Temporary Cash Assistance .................,.2.4 Food Stamp Benefits.........2.5 Family Assistance Services..
Total Family Assistance Services............
Social Services
23,046,800.00
178,600.003,778,400.00
27,580,900.0051 ,717,900 009,905,000.00
142,813,500 00235,974,300.00
136,022,200.00
404,697,100.00
J.
3.1 CommunityServices.Total Social Services.
4.
$
$
Rehabilitative Services4.1 Vocational Rehabilitation.4.2 Disability Determination
Total Title lll-17 ............
18. Department of Revenue
Toial Rehabilitative Services
1.
2.3.4.Ã
o.
Administration Division
48,608,800.0012,037,000.001 1,197,500.009,324,400.00
81,167,700.00
54,792,600.00174,095,800.00105,844,000.00
1,927,600,000.00117,716,000.00
2,380,048,400.00
146,273,100.00146,273104.00
66,572,000.0060,863,100.00
127,435,100.00
2,734,924,300.00
2,976,800.002,680,800.004,110,200.002,919,300.009,384,800.002,528,100.00
24,600,000 00
29,369,600.00
29,369,600.00
546,000.0033,247,800.0012,544,200.00
350,100.00
Tax Enforcement Divisionlnformation Technology Resources Division.Taxpayer and Vehicle Services Division.Audit DivisionProcessing Division
19
.ö
Tennessee Bureau of Investigation ...........
TotalTitle lll-19
1.
2.?
4.
ToialTitle lll-18
20. Department of Safety
$$
AdministrationDriver License IssuanceHighway Patrol
$
Þ
$
Auto Theft Investigations
$
$
24
HB 2139
5.b.
Technical ServicesOffice of Homeland Security
1
2
21 . Cover Tennessee Health Care Programs
CoverKidsCoverRx
TotalTitle lll-20
1.
2.3.4.t
6.7.8.9.
10.
22. Department of Children's Services
AdministrationFamily Support Services
TotalTitle lll-21
Custody ServicesAdoption Services.Child and Family Management.John S. Wilder Youth Development Center..Taft Youth Development CenterWoodland Hills Youth Development Center..Mountain View Youth Developmeni Center..New Visions Youth Development Center
1.
23. Board of Probation and Parole
6,912,900.004,151,300 00
57,752,300.00
'160,229,400.00
400,000.00
160,629,400.00
21,878,500.0010,1 19,800.00
127,387,700.0035,357,700.00
138,026,200.00269,800.00578,900.00431,300.00299,700.0042,500.00
334 392,100.00
758,700.00
758,700.00
12,149,800.00584,053,900.00
7,557,300.0010,172,100.0047,780,900.0014,626,800.009,376,600.009,594,100.005,111,400 004,550,900.004,035,300.00
15,894,500.002,179,800 00
15,995,600.001,962,300 00
Probation and Parole Services
ToialTitle lll-23
Total Title lll-22
1.
2.3.4.5.o-
7.8.9.
10.11.12.13.14.15.
24. Department of lntellectual and Developmental Disabilities
lnteltectual Disabilities Services AdministrationCommunity lntellectual Disabilities Services....Quality Assurance Program.Clover Bottom Developmental CenterGreene Valley Developmental CenterWest Tennessee Regional Office ..
Middle Tennessee Regional OfficeEast Tennessee Regional OfficeWest Tennessee Resource Center.Middle Tennessee Resource CenterEast ïennessee Resource CenterWest Tennessee Community Homes ..
Middle Tennessee Community HomesEast Tennessee Community HomesDevelopmental Disabilities Council..........
Total Title lll-24 ........ ... $ 745,041,300.00
25. Department of Finance and Administration - Bureau of TennCare
1.
2.J,A
TennCare Administration....TennOare Medical ServicesSupplemental Paymentslntellectual Disabiliiies Services........Medicare Services.
ïotal Title lll-25.. .. ...
$ 1 18,504,900 004,456,648,700.0O
596,645,700.00542,474,000 00232,230,500.00
25
HB 2139
26. Department of Transportation
1
2345o7Io
1011
12
Mass TransitPlanning and ResearchHighway Maintenance...Highway BettermentsState AidState lndustriallnterstate Construction .
Forest HighwaysLocal lnterstate CState Highway ConstructionBridge ReplacementsAir, Water, and Rail Transportation
Access.......
Total Title lll-26
27. Facilities Revolving Fund
1.
2.J.
4.5.
onnectors
General Services Operating Maintenance.General Services Project MaintenanceFacilities ManagementCapital ProjectsDebt Service
1.
zó
TotalTitle lll-27
Staie Building Commission
Major Maintenance and Equipment
98,470,000.0014,500,000.00
1 ,100,000.00100,000.00
9,414,000.00200,000.00
164,100,000.00700,000.00
3,000,000.00565,311,000.0067,400,000.0018,000,000.00
942,295,000.00
52,079,300.002,400,000.00
50,170,700.006,760,000 00
27,800,000.00
139,210,000.00
150,000.00
150,000.00
REFUND OF RECEIPTS
SECTION 5.
Item 1. There is hereby appropriated the necessary and sufficient sums to refundany collection or part thereof made erroneously or illegally for the use or benefit of thestate or any of its departments, institutions, offìces or agenc¡es. Such refunds shall bemade ¡n accordance with existing law as applicable in any particular case. ln caserevenues are not adequate to meet in full all appropriations made, the appropriationsmade for Sinking Fund Debt Service and the amounts necessary to cover the salary andwage obligations of the state shall have preferential payment.
Item 2. With respect to any revenues or receipts collected by any department oragency with ihe exception of those collected by the Department of Revenue,notwithstanding any prov¡sions of the law to the contrary, such amounts as aredetermined to have been erroneously paid may be refunded by such procedure as maybe approved by the Commissioner of Finance and Administration and the Comptroller ofthe Treasury.
SECTION 6. ln addition to the appropriations made to the State Funding Board inSection 1, Title lll-31, of this act, there is appropriated the following items:
Item '1 . There is hereby appropriated a sum sufficient from the internal servicefunds available to the Department of Finance and Administration, Office of lnformationResources, to provide the debt service on general obligation bond and note issuesauthorized in ihe following amounts:
... ........... $
(1)(2)
Chapter 952, Public Acts of 1996.............. $ 20,000,000.00Chapter 962, Public Acts of 2006.............. $ 35,039,930.67
26
HB 2139
Item 2. From the funds appropriated in Section 1, Title lll-31, ltem 5, Amortizationof Authorized and Unissued Highway Bonds, ihe sum of $74,000,000.00 is appropriatedin lieu of issuing highway bonds under the provisions of Chapter 296, Public Acts of2003; and the sum of $27,600,000.00 is appropriated in lieu of issuing bonds under theprovisions of Chapter'1 193, Public Acts of 2008 (State Route 840 bonds). The StateFunding Board shall take the necessary aciion to cancel the unissued bonds.
Item 3. For the purpose of defraying the costs of issuance of debt and iheadministration of authorized programs of the Tennessee Local Developmeni Authoriiy,there is hereby appropriated to the Tennessee Local Development Authority an amountnot to exceed $25,000.00 from the State Loan Program Fund. Such amounts shall bedetermined as necessary by the Siaie Funding Board and the Tennessee LocalDevelopment Authority.
Item 4. From the appropriation made in Section 1, Title lll-31, of this actto theState Funding Board, a sum not to exceed $3,700,0C0 is earmarked to pay debt serviceon general obligation bonds issued under ihe authority of Chapter 582, Public Acts of1996, for the purpose of making a grant to the Metropoiiian Government of Nashville andDavidson County for ihe construction of a sports siadium. lt is the legislative intent thatsaid appropriations shall be funded first from the sales tax revenues allocated under theprovisions of Tennessee Code Annotated, Section 67-6-103(dX1), and any revenues inexcess of debt service requirements shall be reserved at June 30 and not revert to thefund balance and thai said appropriations, to the extent required, shall be funded secondfrom revenues and reserves available to the debi service fund.
Item 5. To provide the debt service on the general obligation bonds authorizedunder Chapter 313, Public Acts of 2003, there is hereby appropriated a sum sufficientfrom the funds available to the State Funding Board pursuant to agreements entered intothereunder.
Item 6. From the funds appropriated in Section 1 and Section 4 of this act to theTennessee Board of Regents for defraying operating expenses in this act and other actsof legislature, with the approval of the State Building Commission a sum sufficient isappropriated to be used for payments to ihe Staie Funding Board as required for anydebt issued under the authorization of Chapter 3'13, Public Acts of 2003.
Item 7. From the funds appropriated in Section '1 and Section 4 of this act to theTennessee Board of Regents for defraying operating expenses in ihis act and other actsof the legislature for the state technology cente:'s, with the approval of the State BuildingCommission a sum suffìcient is appropriated to be used for payments to the StateFunding Board as required for any debt issued in an amount not to exceed $34,000,000under the authorization of Senate Bnl 2094 / House B¡ll 2f35, subject to the billbecoming a law.
Item 8. From the funds appropriated in Section 1 and Section 4 of this act to iheTennessee Board of Regents for defraying operating expenses in this act and other actsof legislature, with the approval of the State Building Commission a sum sufficient isappropriated to be used for payments to ihe State Funding Board as required for anydebt issued in an amount not to exceed $10,700,000 under the authorization of Ghapter591, Public Acts of 2007.
Item 9. ln addition to the appropriations made in Section '1 , Title lll-3'1 , of this actto the State Funding Board, and to the extent ihat the board issues any tax revenueanticipation notes pursuant to the provisions of Tennessee Code Annotatecj, Section 9-10-101 , there is hereby appropriated a sum sufficient from subsequently available fundsof the state to pay debi service on such notes within the fiscal year of issuance.
Item 10. There is hereby appropriated to the Tennessee State School BonciAuthority a sum sufficient in the amount cf payments allowable to the Auihority from thefederal government pursuant to the quaiified school construction bond program or similarprograms, for purposes of debt service on such boncis.
27
HB 2139
SECTION 7. The appropriations made by this act under Sections 1 and 4 shall besubject to the following provisions, limitations, or restrictions. From the funds appropriated tothe:
Item 1. lt is the legislative intent that annual dues assessed by the Council ofState Governments (CSG) and the Naiional Conference of Siate Legislatures (NCSL) bepaid quarterly and timely from the funds appropriated in Section 1, Title lll-22, ltem 18,for Intergovernmental Conferences Dues. CSG dues for 2011-2012 shall be remitted infour (4) equal payments of $39,148.75 ($156,595 annualized), and NCSL dues shall beremitted in four (4) equal payments of $51,559.25 ($206,237 annualized).
It is further the legislative intent ihat the annual dues assessed by The NationalConference of lnsurance Legislators be paid timely in the amount of $10,000 from thefunds appropriaied in Section 1, Title lll-22, llem 18, for lntergovernmental ConferenceDues.
Item 2. From the appropriation made for the State Election Commission underSection 1, Title lll-1 , ltem 3.2, there is hereby appropriated funds for expenses of theStaie Election Commission, including the printing of election laws, the office of theCoordinator of Elections, and other expenses of administering election laws. The salaryof each member of the Siaie Election Commission shall be nine ihousand dollars($9,000.00) annually, except that the Chairman of the State Eiection Ccmmission shallbe paid an additional one thousand eight hundred dollars ($1,800.00) annually foradditional duties required of him and the Secretary of the State Election Commissionshall be paid an additional one thousand two hundred dollars (91,200.00) annually foradditional duties required of him. The Secretary of State is hereby auihorized to make allnecessary purchases of election supplies fro¡'n funds appropriated for such purpose inaccordance with state purchasing procedures.
Item 3. From ihe funds appropriated to the Office of the Comptroller of theTreasury and the Department of Finance and Adminisiration. there is hereby authorizedto be allocated an amount not to exceed $45,000.00 for the purpose of meeting theState of Tennessee's participation in the cost of supportìng the National Council onGovernmental Accounting or a governmental accounting standards board in theestablishment of governmental accounting standards and principles.
Item 4. Maintenance of the Tennessee Residence in the amount of sixtyihousand dollars ($60,000.00) per year, and travel expenses as certified by iheGovernor, shall be paid by ihe Commissioner of Finance and Adminisiratlon from theappropriations made under Section 1, Title Ill-2, ltem 1.1, forthe Governor's Office, itbeing the legislative intent that the residence should be maintained and operated as theofficial residence and office of the Chief Executive of Tennessee in a manner required ofthe Office of Governor.
Item 5. MiscellaneousAppropriations ìn Section 1, Title lll-22, item 30, the sumof $80,000.00 is hereby appropriated for the purpose of making a grani to Fisk Universityfor the necessary staff, services and other costs associated with mainiaining andshowing the Stieglitz Collection at Fisk University. lt is the legislative inieni thai thisappropriation is a direct appropriation grant and thai it be processed accordingly by theCommissioner of Finance and Administration. This appropriation is made under theprovisions of Tennessee Code Annotated, Section 4-20-202.
Item 6. The appropriation made in Section'1 , Title ll, ltem 6, of this act, for CivilLegal Representat¡on shall be adjusted to an amount equal to the revenue collected inthe fiscal year ending June 30, 2O11,trom the earmarked litigation tax levied pursuant toTennessee Code Annotated, Section 67-a-602(g) and Section '16-3-808.
Item 7. Department of Finance and Administration in Seciion 1, Titie lll-2, ltem3.3, there is hereby earmarked a sum sufficient from the proceeds of the $15.00privilege tax on marriage licenses for purposes of funding family violence shelters andshelter services. This appropriation is made under the provisions of Tennessee CodeAnnotated, Section 67 -4-41 1.
28
HB 2139
Item 8. Board of Probation and Parole in Seciion 1. Title lll-24, ltem 2, the boardis authorized to make a grant of up to $182,000 to "Project Return".
Item 9. Board of Probation and Parole in Section 1, Title lll-24, ltem 2, the sum of$136,500 is for the sole purpose of making a grant in such amount to Dismas, lnc., to beused for assisting with their programs in ihe State of Tennessee, and Íor no otherpurpose. From the funds appropriated to DÌsmas, lnc., there is earmarked the sum of$25,000 to Chattanooga Endeavors (formerly Dismas House of Chattanooga) and$8,000 to Better Decisions (forrnerly DECISIONS, a program of the DISMAS, lnc., homeoffice) for the sole purpose of maintaining operations at their former level.
Item 10. The appropriation to the Depariment of Correciion, Sex OffenderTreatment Program in Section 1, Title lll-7, ltem 19, is made pursuant to TennesseeCode Annotated, Section 39-1 3-709.
Item 11. Department of Economic and Community Developr"nent in Section 1,Title lll-8, ltem 3, the amount of $100,000.00 is to be paio'to ihe Nashville MinorityBusiness Center and the amount of $100,000.00 is to be paid to the Minoriiy trnterpriseDevelopment as direct appropriation grants.
llem 12. Commission on Fire Fighting Personnel Standards and Education ínSection 1 , Title lll-1 1, ltem 10, funds are earmarked for payment to eligible units of localgovernment to pay bonus supplements to fíremen who successfully complete duringcalendar year 2011 an in-service ira¡ning program appropriate to such fireman's rankand responsibility and the size and location of his department of at least foriy (40) hoursduration at a school estaþlished or certified by such cor-nmission. The funds appropriatedby this item shall be disbursed in accordance with ihe provisions oi Tennessee CodeAnnotated, Title 4, Chapter 24 and Section 56-a-205(c), and no supplement to anyperson shall exceed six hundred dollars ($600.00).
Item 13. POST Commission in Section 1, Title lli-'1 '1 , ltem 6, funds areearmarked for payment to eligible units oí local government which have required allpolice officers to complete during calendar year 2011 an in-service training courseappropriate to each officer's rank and responsibility commensurate with the size andlocation of his department of at least forty (40) hours duration at a school certified orrecognized by the Peace Officer Standards and Training Commission. The fundsappropriated by this item shall be disbursed rn accordance with ihe provisions ofTennessee Code Annotated, Title 38, Chapier 8, Part 1, and no recipient shall be eligibleto receive a supplemeni of more than six hundred dollars ($600.00).
Item 14. Department of Health in Section 1, Title lil-'l6, ltem 3.5, ihe amount of$1 13,700 is io be paid to St. Jude Hospital in Memphis to defray, in whole or in part, theexpenses of patients and their families who are citizens and res¡dents of Tennessee intraveling to and from St. Jude Hospital. Such payments shall be administered by thehospital and shall be made on the basis of need. Such patienis, or their families,requesting assistance from these funds shall supply such documents suppoding needand travel expenses as the hospital may require.
Item 15. ln the fiscal year ending June 30, 2012, it is the iegislative intent that thesum of two million dollars ($2,000,000) be crediied to the Health Access lncentiveAccount pursuant to Tennessee Code Annoiatecj, Section 66-29-121, and that$1,000,000 of the appropriation made in Seciion 4, T¡tle ¡li-16, of this act be funded fromthe program's reserve balance.
Item 16. From the appropriation in Section 1, Tttle lll27 , for the Emergency andContingency Fund, there is hereby appropriated an amount not to exceeci three huncirednineteen thousand three hundred dollars ($3 19,300.00) for the following purposes: (1)forest fire control in the Division of Forestry, (2) payment of indemnities for destruction oflivestock and exiraordinary veterinary payrolls for cattle market fluctuations by theDepartment of Agriculture, (3) payment of ext¡-aordinary expenditures for insect and pestcontrol efforts by the Department of Agriculture, and (4) the cost of personnel andequipment needed to restore law and order in instances arising out of civil disorders.
29
HB 2139
ln addition to the preceding appropriation, there is hereby appropriaied a sumsufficient not to exceed the revenue coilected in the fiscal year ending June 30, 201 1,from the earmarked bail bond tax levied pursuant to Tennessee Code Annotated,Section 67-4-806, for the purpose of developing and providing continuing education forprofessional Bail Bonding Agents and providing civil legal representation to low-incomeTennesseans.
Item 17.
(a) From the appropriations in Section 1 of this act, there hereby isappropriated $8,350,000 from the real estate transfer tax, to be allocated to thefollowing programs, as authorized by Tennessee Code Annotated, Section 67-4-409:
(1 ) Agricultural Resources Conservation Fund.................. $ 2,2S0,000
of which $100,000 shall be allotted for payments in lieu of taxes;and
(3) 1986 Wetland Acquisition Fund............, 6,000.000of which $400,000 shall be allotted for payments in lieu of taxes.
(b) From the appropriations in Section 1 of this act, there is appropriatedfrom the general fund the sum of $8,650,000 (non-recurring) to the followingfunds:
(2) State Lands Acquisition Fund .
(4) 1986 Wetland Acquisition Fund . ........... 906,300
SECTION 8. ln addition to the appropriations made in Section 1 of this act and subjectto the provisions of Tennessee Code Annotated, Title 4, Chapter 3, Pari 10 and Title 9, Chapter4, Par151, there is hereby appropriated a sum sufficient:
Item 1. To pay all lawful claims due from the state to any of the several countiesthereof on account of unpaid court costs, unpaid allotmenis of taxes distributable by thestate to the counties and such other sums as may be due from the staie io the counties,but none of such funds shall be dìstributed to the counties of the state until after ihevalidity of the claims has been investigated and approved by the State Comptroller andthe Governor. Provided, however, that such funds shall not include funds due to countiesand cities for the state share of costs to cities and count'es as required by Section 24,Article Il, of the Constitution of Tennessee.
Item 2. To the Tennessee Code Commission for the following purposes: (1) topurchase pocket supplements for the siate-owned sets of Tennessee Code Annotaied;(2) to purchase replacement volumes for state-owned sets of Tennessee CodeAnnotated; (3) to purchase replacement sets of Tennessee Code AnnotateC; (4) topurchase sets of Tennessee Gode Annotated for judges of new courts created duringthe 2011 Session of the General Assembly; (5) to purchase pocket supplements for thestate-owned sets of the lndex to the Private Acts of Tennessee; and (6) to pay forproofreading and other expenses involved in preparing supplements and replacementvolumes for Tennessee Code Annotaied.
Item 3. To pay the salaries and travel expenses of all persons appointed to s¡t asSpecial Judges, Speciat District Attorneys General and/or Special Prosecutors understatutes relating to the state judicial system.
Item 4. To provide for indigent defendants counsel ¡n capital cases.
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(1) Agricultural Resources Conservation Fund
(2) Local Parks Acquisition Fund
(3)and
100,000
. $ 937,s00
. 3,718,700
. 3,087,500;
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Item 5. To pay fees of speclal counsel who may be employed by the Governor,on recommendation of the Attorney Generai, and to pay other expenses in special casesof litigation involving the state. ln maiters involving the Tennessee Regulaiory Authority,Housing Development Agency, Wildlife Resources Agency, financial institutions,regulatory boards and other programs and agencies funded by earmarked or dedicatedrevenues, the sum sufficient appropriation shall be provided írom said earmarked ordedicated revenues. ln matters involving depariments, agencies and/or programs fundedin whole or ¡n part with federal aid and/or departmental revenues and reserves, the sumsufficient appropriation may be provided in whole or in part from said revenues andreserves.
Item 6. To the Administrative Office oi the Courts from revenues and reseryesavailable to the following programs:
(a) "Divorcing Parent Education and Mediation Fund" and the "MarriageLicense Tax" pursuant to Tennessee Gode Annotated, Section 36-6-413(bX2).
(b) Tennessee Judicial lnformation System Fund pursuani to TennesseeCode Annotated, Section 1 6-3-807.
(c) Board of Professional Responsibilíty, Tennessee Lawyers AssistancePrograms, Continuing Legal Education and Client Protection Fund. Additionalpositions as required are authorized to be estabiished.
(d) Municipal Cou;-t Judges and Municipal Court Clerks Training andContinuing Legal Education pursuant to Tennessee Code Annotaied, Section 16-'18-304.
(e) General Sessions Jucìges' Conference pursuant to Tennessee CocieAnnotated, Section 16-15-5007 and Section 67-4-606(a)(9), to deíray expensesof serving the general sessions courts.
(Ð Board of Court Reporting pursuant to Tennessee Code Annotated,Section 20-9-616.
Item 7. To the Attorney General and Reporter from the revenues and reservesavailable to the following programs:
(a) False Claims Act Fund established pursuant to Tennessee CodeAnnotated, Section 4-18-104ß). The Commissioner of Finance andAdministration is authorized to adjust the appropriation made under Section 'i
,
Title lll-1, ltem 1.1, of this aci to recognize any reimbursement for expensesalready provided.
(b) Reserve for Attorney General Litigation Settlemeni. TheCommissioner of Finance and Administrai¡on is authorized to establish positionsas may be required.
Item 8. To provide for payment oi administrative law judge services. TheCommissioner of Finance and Administration is authorized to allocate the funds to theappropriate organizat¡onal units, adjust departmenial revenues accordingly, andestablish authorized positions.
Item 9. To the Comptroller of the Treasury from the Telecommunications AdValorem Tax Reduction Fund to provide for the administration of the program andpayments from the fund as provided by law.
Item 10. To the Treasury Department, Small and Minority-Owned BusinessAssistance Program, from funds allocated to the program pursuant to Tennessee CodeAnnotated, Section 65-5-1 13.
Item 11. To the Tennessee Local Development Agency a sum sufficient from theUnderground Storage Tank Fund for the purpose of paying debt service and expenses in
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connect¡on wìth any debt issued pursuant to the provisions of Chapter 444, Public Actsof 1997, relative to underground storage tanks.
Item 12. To the Tennessee Advisory Commission on lntergovernmentalRelations (TACIR) from the TACIR reserves authorized by Tennessee Code Annotated,Section 4-10-107. The Comrnissioner of Flnance and Administraiion is authorized toadjust departmental revenues accordingly, and estab!ish authorized positions asneeded.
Item 13. To the Office of lnformation Resources from the general obligationbonds/notes authorized under Chapter 952, Public Acts of 1996, for data processingservices and telecommunications services; and from the general obligation bonds/notesauthorized under Chapter 962, Public Acis of 2006, for ihe purpose of acquisition andimplementation of enterprise resource planning software.
Item 14. To the Depariment of Finance and Administration to re¡mburse thefederat government for arbitrage on the state's general obligation debt.
Item 15. To the Department of Finance and Administrat¡on to provide forpayments to the State Office Buildings and Suppori Facilities Revolving Fund for spacesoccup¡ed by the Tennessee State Museum and for other areas within the TennesseePerforming Arts Center.
Item 16. To the Department of Finance and Administration from revenues andreserves available to the following programs:
(a) To provide funding for the additional sexual assault program seryicespursuant to Tennessee Code Annotated, Title 71, Chapter 6, Pa¡1 3. Anyunexpended funds shall not revert to the general fund balance at June 30 andare hereby reappropriated in the subsequent fiscal year.
(b) To provide funding to establish drug couris pursuant to TennesseeCode Annotated, Title 16, Chapter 22, Pari 1.
(c) To provide funding for family violence shelters and shelter servicespursuant to Tennessee Code Annotated, Section 39-13-101. Any unexpendedfunds shall not revert to the general fund at June 30 and are herebyreappropriated in the subsequent fiscal year.
(d) To provide funding from the revenues apportioned io the DomesticViolence Community Education Fund pursuant io Tennessee Code Annotated,Section 36-3-616.
(e) To provide funding from the litigation tax apportioned to fund grants tolocal governments to purchase and mainiain electronic fingerprint imagingsystems pursuant to Tennessee Code Annotated, Section 67-4-602 and Sect¡on67-4-606.
(f) To provide funding from the reserve for the Siaie Healih PlanningDivision pursuant to Tennessee Code Annotated, Section 68-11-1625 andSection 67-4-606.
(g) To provide funding for grant awards to local law enforcement agenciesfor purposes of obtaining and maintaining equipment and personnel needed inthe enforcement of alcohol related traffic offenses and for the purpose of fundinggrant awards to halfway houses whose primary focus is to assist drug ancìalcohol offenders pursuant to Tennessee Code Annotated, Secticn 55-10-403(tX3XD) and (F). Any unexpended funds shall not reveit to the genera! funciat June 30 and are hereby reappropriated in the subsequent fiscal year.
Item 17. To the Board of Probation and Parole from the reseryes for parole andprobation supervision and rehabilitation fees pursuant to Tennessee Code Annotated,Section 40-28-203(c).
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Item 18. To the Departrnent of Agriculiure from revenues and resenves ava¡lableto the following programs:
(a) Agriculturai Resources Conservation Fund pursuant to TennesseeCode Annotated, Section 67-4-409(l).
(b) Agricultural Regulatory Fund pursuant to Tennessee Code Annotated,Title 43, Chapter 1. Parl7 .
(c) Certified Cotton Growers' Organization Fund pursuant to TennesseeCode Annotated, Title 43, Chapter 6, Part 4.
(d) Tennessee Grain lndemnity Fund pursuant to Tennessee CodeAnnotated, Title 43, Chapter 32, Part2.
(e) Market Development, Agricultural Development Fund pursuant toTennessee Code Annotated, Section 55-4-267.
(f) Division of Forestry, from the proceeds of revenue allocated pursuantto Tennessee Code Annoiated, Section 11-14-305(bX3), pertaining io the saieand replacement of real properiy.
(g) Division of Regulatory Services a sum sufficient pursuant toÏennessee Code Annotated, Section 47-18-1311, pertaining to ke¡'osene andmotor fuels quality inspeciion.
Item 19. To the Department of Environmeni and Conservation from revenues andreserves available to the following programs:
(a) Local Park Land Acquisition Fund, State Lands Acquisition Funcj, andState Lands Compensation Fund pursuant to Tennessee Code Annotated,Sections 67 -4-409(i) and 67 -4-409Q).
(b) Heritage Conservation Trust Fund pursuani io Tennessee CodeAnnotated, Section 1 1 -7 -1 03.
(c) State parks program from revenues derived from nonprofit supportgroups pursuant to Tennessee Cocje Annotaieci, Title 1 1, Chapter 3. Part 2.
(d) State Park Fund pursuant to Tennessee Code Annotateci, Title 11,Chapter 3, Part 3.
(e) From revenues Cerived from the sâle of Tennessee Elk RiverDevelopment Authoriiy lands. This appropriation is subject to approval by theCommissioner of Finance and Administration.
(f) Environmental Protection Fund pursuant to Tennessee CodeAnnotated, Title 68, Chapter 203, Part 1. Departmental revenues shalÍ beadjusted accordingly.
(g) Radiation Reclamation Trust Fund and the Perpetual Care Trust Funcipursuant to Tennessee Code Annotated, Section 68-202-405.
(h) Solid Waste Assistance program from revenues received pursuant toTennessee Code Annotated, Title 67, Chapter 4, Paft '16 and Title 68, Chapier211, Par18.
(i) Used Oil Coilection Fr.rnd pursuant to Tennessee Code Annotated,Section 68-211-1004.
O Hazardous Waste Remedial Action Fund pursuant to Tennessee CodeAnnotated, Title 68, Chapier 212, Part 2.
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(k) Petroleum Underground Storage Tank Fund pursuant to TennesseeCode Annotated, Title 68, Chapter 215, Parl 1.
(l) Drycleaner Environmenial Response Fund pursuant to TennesseeCode Annotated, Title 68, Chapter 2i7, Parl 1.
(m) Solid Waste Disposal Slte Restoraiion Fund pursl¡ant io TennesseeCode Annoiated, Section 68-21 1 -1 1 6.
(n) Hazardous Waste Trust Fund pursuant to Tennessee CodeAnnotated, Section 68-212-108.
Item 20. To the Wildlife Resources Agency from revenues available to theWetlands Acquisition Fund and the Wetlands Compensation Fund pursuant toTennessee Code Annotated, Section 67-a-a09(g).
Item 21. To the Wildlife Resources Agency from the general fund for anydifference between the actual charges to the agency under the indirect cost allocationplan and the amount the TWRA can justify and continue to receive federal funds.
llem 22. To the Wildlife Resources Agency from iis own revenues to implementthe programs, activities and projects approved by the Wildlife Resou:.ces AgencyCommission. The Commissioner of Finance and Administration is authorized to adjustdepartmental revenue accordingly and to establish positions as may be required.
Item 23. To the Department of Correction from revenues and reseryes availablefor the following programs:
(a) Sex Offender Treatment Program pursuant to Tennessee CodeAnnotated, Section 39-'1 3-709.
(b) Supervision and rehabilitation fees pursuani to Tennessee CodeAnnotated, Section 40-28-2A3@).
Item 24. To the Department of Commerce and Insurance, Division of RegulatoryBoards, from revenues and reserves available for the following purposes:
(a) To purchase examinations for regulatory boards. This apprcpriation iscontingent upon the fees collected for giving examinat¡ons being in excess of thebudgeted estimates.
(b) To fund data processing systems development and implementation.Said appropriations are made pursuant to Tennessee Ccde Annotated, Section4-3-1011.
(c) To the Real Estate Education and Recovery Fund, to provide for court-ordered payments and to print and distribute to all licensees a manual of lawsand rules and regulations.
(d) To the Auctioneer Education and Recovery Fund. to provide for court-ordered payments.
(e) To the Cemetery Consumer Protection Fund pursuant to TennesseeCode Annotated, Seciion 46-1-105.
(f) To the Pre-Need Funeral Consumer Protection Fund pursuant toTennessee Code Annotated, Section 62-5-414. The Commissioner of Financeand Administration !s authorized to make transfers from the Pre-Need FuneralConsumer Protection Fund to the Burial Services program in the DivÌsion ofRegulatory Boards.
Item 25. To the Department of Commerce and lnsurance, 91 1 EmergencyCommunications Fund, from the revenues collected pursuant to Tennessee CodeAnnotated, Title 7, Chapier 86, Part 3.
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Item 26. To the Department of Labor and Workforce Development from revenuesand reserves available to the following programs:
(a) Uninsured Employers Fund program pursuant to Tennessee CodeAnnotated, Section 50-6-801 .
(b) Tennessee Occupational Safety and Health Administration (TOSHA)program pursuant to Tennessee Code Annotated, Title 50, Chapter 6, Part 4.
(c) Boilers and Elevators pursuant to Tennessee Code Annotated,Section 68-121-108, Section 68-121-117 and Section 68-122-205. Appropriationsestablished under this authority shall be in lieu of the departmenial revenueappropriation in Section 4, Title lll-13, ltem 5 of this act.
llem 27. To the Departmeni of Mental Health from the revenues and reservesavailable to the Alcohol and Drug Addiction Treatment Fund pursuant to TennesseeCode Annotated, Section 40-33-211 (cX2).
Item 28. To the Department of Military io provide for the cost of personnel andequipment needed to maintain law and order in instances arising out of civil disorders.
Item 29. To the Depariment of Military, Disaster Relief Grants, for the purpose ofmatching federal funds and to ihe Department of Military to pay the administraiive costsof the Disaster Relief Program. Said appropriations shall be made first from the Reservefor Disaster Relief and they are in addition to the appropriation made in Section 1, Titlelll-22, ltem 6, of this act. Federal aid and other departmental revenue may be adjustedaccordingly.
Any unexpended funds remaining in the Reserve for Disaster Relief or from theappropriation made in Section '1 , Title lll-22, ltem 6, of this act, other acts of ihis GeneralAssembly or acts by previous General Assemblies shall not revert to the general fundbalance at June 30. Said funds are hereby reappropriated in the subsequent fiscal year.The provisions of this item shall take effect upon becoming law, the public welfarerequiring it.
Item 30. To the Departmeni of Health írom revenues and reserves availabie tothe following programs:
(a) Nursing Home Resident Protection Trust Fund pursuant to TennesseeCode Annotated, Section 68-1 1 -827 .
(b) Health Access Act of 1989, pursuant to Tennessee Code Annotaied,Sections 66-29-121 and 66-29-15'1 .
(c) Child Safety Fund pursuant io Tennessee Code Annotated, Section55-e-602(fX7).
(d) Medicaid Nursing Home Trust Fund pursuant to Federal Regulations,Chapter 42, Section 488.442.
(e) Traumatic Brain lnjury Fund to allow for the provision of enhancedand/or new servlces which benefii traumatic brain injury persons and theirfamilies as authorized in Tennessee Code Annotated, Tltle 68, Chapter 55, Part4. Any additional appropriations provided under this item are non-recurr¡ng fromcarry-forward funds which exist in ihe Traumatic Brain lnjury Fund and aresubject to approval of the Cornmissioner of Finance and Administraiion.
(f) Health Related Boards, for data processing systems development andimplementation costs and for the cost of investigations and subsequentprosecution of licensees in violation of iheir practice acts. Said appropriations aremade pursuant to Tennessee Code Annotated, Sectlon 4-3-1011
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(g) Commercial Breeder Act pursuant to Tennessee Code Annotated,'ltlle 44, Chapter 17, Pan7.
Item 31. To the Departmeni of Revenue to pay interest, attorney fees and othercosts which are due with certain iaxpayer refund payments.
Item 32. To the Department of Revenue from the C l.D. Anti-TheÍt reserve fundpursuant to Tennessee Code Annotated, Secticn 55-3-208.
Item 33. To the Tennessee Bureau of lnvestigation from revenues and reservesavailable to the following programs:
(a) For the purpose of maintaining the expunged criminal offender andpretrial diversion database and other systems pursuant to Tennessee CodeAnnotated, Section 40-32-1 01 (dX2).
(b) TBI Toxicology Unit lntoxicant Testing Fund pursuant to TennesseeCode Annotated, Section 55-1 0-41 9.
Item 34. To the Department of Safety from revenues and reserves avaiiable iothe following programs:
(a) Motorcycle Rider Safety reserve fund pursuant to Tennessee CodeAnnotated, Section 55-51 -104.
(b) Driver Education reserve fund pursuant to Tennessee CodeAnnotated, Section 67-a-606(a)(2)(B).
Item 35. To the Department of Transportation for oayments to the RiskManagement Fund. Said appropriation shall be made from the highway fund balance.
Item 36. To the Department of Transportation, for the Air, Water and RailTransportation program, from the Transportation Equity Fund. This appropriation issubject to the availability of revenue Ìn the íund.
SECTION 9. ln addition to the appropriations made in Section 4 of this act and subjectto the provisions of Tennessee Code Annotated, Title 4, Chapter 3, Part 10 and Title g, Chapter4, Paft 51, there is hereby appropriated a sum sufficient:
Item 1. To the Attorney General and Reporier, if the appropriation made inSection 4, Title lll-1, ltem 1.1, shaÍl prove inadequate to allowtheAttorney General andReporter to represent the state agencies and officials before the Claims Commission, orstate agenc¡es and officials in other cases of litigation or other legal matters. TheCommissioner of Finance and Administration, upon the request of the Attorney Generaland Reporter, is hereby authorized to increase the departmental revenue estlmate by anamount sufficient to provide for such representation anci to establish positions as may berequired.
Item 2. To the Attorney General and Reporter a sum sufficient from the RiskManagement Fund for the purposes of implementìng the provisions of Tennessee CodeAnnotated, Title 8, Ghapter 42, relalive to legal representation for state employees. TheCommissioner of Finance and Acjministration, upon ihe request of the Atto:'ney Generaiand Reporter, is authorized to estabiish positions as rnay be required to implernent theprovisions of Tennessee Code Annotated, Title 8, Chapter 42, Part 1.
Item 3. To the Bureau of Ethics and Campaign Finance from fees collecied bythe agency.
Item 4. To the State Treasurer, with the concurrence of the Speaker oí theSenate and the Speaker of the House of Representatives, for the purpose of developingand implementing programs designed to enhance investment performance, includingprograms designed to recruit, hire, and retain qualified investment staff. The StateTreasurer, with approval from the Commissioner of Finance and Administration, is
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further authorized to establish additional positicns and funding for such positlons neededto effectuate the purposes of this section.
Item 5. To the State Treasurer for payment of Unciaimed Property - Claims.
Item 6. To the State Treasurer from the revolving account created pursuant toTennessee Code Annotated, Section 9-a-603(g). This appropriation shall take effectupon becoming law, the public welfare requiring ít.
Item 7. To the Office of the District Public Defenders Conference pursuani toTennessee Code Annotated, Section 40-14-210. Additional posiiions as required areauthor¡zed to be established.
Item 8. From federal funds available to the Tennessee Housing DevelopmentAgency, there is hereby appropriated a sum suiflcient to meet obligaiions incurred by theagency, pursuant to the federal Section 8 program and the Hardest Hit Fund (HHF)Program.
Item 9. To Tennessee Rehabiliiative lnitiaiive in Correction Board (TRiCOR), inan amount equal to the balance in the revolving fund, Íor benefit of the prograrn.
Item 10. To the Tennessee Siate Museum from (a) cieferred revenue anddepartmental revenues available to the museum to be usecj for the purchase of artifacts,and (b) donations made io ihe State Museum. Any unexpended revenues shall notrevert to the general fund balance at June 30 and such revenues shall be carriedforward in a reserve at June 30 and are heì^eby reappropriaied in ihe subsequeni fiscalyear.
Item 1 'l . From the fund created in Tennessee Code Annotated, Section 65-5-1 13,to the State Treasurer for purposes of conduciing a purchasing disparity study. lt is ihelegislative intent that such study include the tJniversity of Tennessee system and thestate university and community college systern; provided, however, the costs of suchstudy shall not exceed amounts previously set aside therefor. Should available funds beinsuffìcient to conduct a valid purchasing disparity study, funds appropriated by ih¡s iternmay be used to conduct a review to determÍne best practices ¡"eiated to increasingpurchasing opportunities with small and rninority owned businesses and to implementrecommendations arising from the study.
Item 12. To the Department oi General Services for equipment and suppiiesordered but not delivered ai June 30, 2Af .
Item 13. To ihe Depadment of General Servlces, Property Utilization, fromavailable revenues and reserves.
Item 14. To the Department of Tourisi Developmeni from revenues received fromcommunities, businesses, non-state organizations, federal funds, and other sources ofdepartmental revenue to be used for marketing programs of the department. Anyunexpended balances at June 30 shail be carried fonryard in a reserve and are herebyreappropriated in the subsequent fiscal year.
Item 15. To the Department of Environment and Conservation, West TennesseeRiver Basin Authority, from funds provided by the counties within the authority area.
Item'16. To the Department of Correction all monies collected as contrabandfrom the inmate population at any of the facil¡ties operateci by or under authority of thedepartment. Any unexpended revenue shall not revert to the state general íund balancepursuant to Tennessee Code Annotated, Section 4-6-147.
Item 17. To the Department of Economic and Community Development fromrevenues received from comrnunities, businesses. non-state organ¡zat¡ons, federalfunds, and other sources of departmental revenue to be used for nrarketing programs ofthe department. Any unexpended balances at June 30 shall be carried fcrward in areserve and are hereby reappropriated in the subsequent fiscal year.
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Item 18. To the Department of Economic and Community Development:
(a) To meet community development block grani expenditurerequirements. This appropriation shall be from federal aid funds.
(b) From monies received from conferences, trade missions, trade showsand other activities which reimburse the state for expenses.
(c) From interest earnings allocated to the FastTrack Program; Job SkillsFund; and Small Cities Community Development Block Grant (CDBG).
(d) From revenues and reserves of the Small Business Enei'gy LoanProgram, Local Government Energy Loan Prograrn, and Tennessee EnergyLoan Program.
Item 19. To the Tennessee Film, Entertainment and Music Comnrission fromdepartmental revenues received by the Commission. This appropriation is subject toapproval by the Commissioner of Finance and Administration.
Item 20. To the Tennessee lndustrial Finance Corporation from any revenuesavailable to the organization to be expended pursuant to Tennessee Code Annotated,Title 4, Chapter 17, Paft.4
Item 21. To the Department of Commerce and lnsurance, Division of FirePrevention, for payment of electrical inspections. This appropriation is contingent uponthe fees collected for making electrical inspections being in excess of the budgeiedestimate.
llem 22. To the Department of Commerce and f nsurance, Division of Securities,from the revenues and reserves of the Securities Enforcement and Legal Trainingreserve.
Item 23. To the Department of Commerce and lnsurance, Consumer Affairs, fromdepartmental revenues and reserves for consumer education purposes.
Item 24. To the Departrnent of Labor and Workforce Development from fecjeralaid funds and other departmental revenues. Subject io this appropriation, authorizedpositions may be increased up to one hundred (100) positions.
Item 25. To ihe Department of Mental Healih from revenue receíved frornbehavioral health organizations and oiher non-state organizations for inpatient mentaihealth services provided for publicly funded or potentially publicly funded persons.
Item 26. To the Department of Military, TEMA and Disaster Relief Grants, fromfederal aid disaster relief funds.
Item 27. To the Tennessee Bureau of lnvestigation from revenues ând reservesavailable to the following programs:
(a) To conduct records and background checks for handgun carry permitspursuant to Tennessee Code Annoiated, Section 39-17-1351.
(b) To conduct criminal history records checks on purchasers of firearms(Tennessee lnstant Check System - TICS) pursuant to Tennessee CodeAnnotated, Section 39-17 -131 6.
(c) To conduct criminal history checks for employment requirementspursuant to TCA, Sections 33-2-1201, 37-5-502.49-5-406; 68-11-233; 68-11-234: and71-2403.
(d) To certify endorsement of transporting hazarcjous maieria¡ oncommercial driver licenses pursuant to Federal Register Part lV, 49 CFR Part1572.
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(e) To provide criminal history information through the Tennessee OnlineRecords lnformation System (TORIS) pursuant to TCA 38-6-'120.
Item 28. To the Department of Safety, Driver License lssuance, from revenuesand reserves available to defray expenses of handgun carry permit program pursuant toTennessee Code Annotated, Section 39-17 -1351.
Item 29. To the Department of Safety, the Department of Revenue, theTennessee Bureau of lnvestigation, the Tennessee National Guard and the AlcoholicBeverage Commission from the proceeds of property seized and forfeited under federalprocedures which are shared with the departments or the commission.
Item 30. To the Department of Transportation from local government funds,federal aid and other departmenial revenues.
SECTION 10. The appropriations made by this act under Sections 1 and 4 shall besubject to the following provisions, limitaiions, or restrictions:
Item 1. Notwithstanding any provision of the law to the contrary, any institutionwhich receives state funds appropriaied by the provisions of this act shall be subject toaudit by the Comptroller of the Treasury as to the expenditure and obligation of suchfunds.
Item 2. Any personal services, professional seryices or consultant servicescontracts concern¡ng management services of all types, management studies, planningservices, public relations, evaluations, systems designs, data processing, auditing oraccounting services entered into by an executive department or agency of siategovernment shall be executed by the head of such department or agency and shall besubject to approval by the Commissioner of Finance and Administration and theComptroller of the Treasury. No funds appropriated under this aci to a departmeni cragency shall be used for such contracts unless such approval is received or is oiherwiseauthorized by the approving officials. Any such contraci entered into by agencies of thelegislative or judicial branches shall be subject to the approval of the Comptroller of iheTreasury.
Item 3. No funds appropriated by this aci shall be obligated and/or expended forany newsletter, periodical, or other material which is to be distributed to all, orsubstantially all, state employees (excluding higher educaiion) uniil the agency headproposing to make such distribution contacts the two Speakers and makes availableequal space for legislative information in such newsletter, periodical, or other materiai.This item shall not apply to policy and/or procedural directives.
Item 4. From the funds appropriatecj io the TennCare prograrn, the state shallcomply with applicable federal law.
Item 5. During fiscal year 2011-2012 it is the iegislative intent io encourage thatall conferences, workshops, meeiings, seminars, programs, anci similar endeavorsconducted for officials and/or employees of the legislaiive, execuiive, or judicial branchof state government be conducted in state facilities whenever praciicable.
Item 6. From the appropriation for travel expenses of Justices of the SupremeCourt and for the members of the Court of Appeals and the Court of Criminal Appeals,each member of said Courts shall be reimbursed for necessary traveling expensesincurred by them during their absence from the counties of their residence on officialbusiness; provided, however, that such travel expenses shall be limited to board andlodging and mileage each way necessary io travel on official business. Any judgeseeking reímbursement for official expense under this section shall file with the Directorof the Administrative Office of the Courls, or other official upon whom this duty may belodged by law, a statement of such amounis necessai'iiy expended by him in thedischarge of such official duties and upon recelpt of this verified statement, warrant forreimbursement for such expenses shall be issued.
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Item 7. The Supreme Court shall fix the salaries of the marshals for the Eastern,Middle, and Western Divisions, which salary shall be payable out of the appropriationsfor Appellate Court Clerks.
Item 8. The commission in charge of ihe Supreme Court Building in Nashville,established by Tennessee Code Annotated, Section 16-3-701, is authorized to employan experienced Engineer-Superintendent to supervise the air-conditioning and heating ofthe Supreme Court Building at Nashville and to employ the necessary assistants to keepand maintain the building. Payment for said servìces shall be paid out of theappropriations made by this act.
Light, heat and water for the Supreme Court Building in Nashville and foi'theSupreme Court Building in Knoxville is to be provided by the Department of GeneralServices out of the appropriation herein made for it.
Item 9. Employees of the office cf the Executive Secretary to the District PublicDefenders Conference, District Public Defenders and employees of a Districi PublicDefenders Office, as created pursuant to Tennessee Code Annotated, Tiile 8, Chapter14, shall only travel and shall be reimbursed for travel expenses in accordance with theprovisions of the comprehens¡ve travel regulations promulgated by the Depariment ofFinance and Administration and approved by the Attorney General.
Item '10. The appropriation made in Section 1, Tiile lll-1 , ltem 5.9, for ihe TaxRelief Program, is made for the purpose of providing iax relief for elderly low-incomehomeowners, disabled homeowners, and disabled veteran homeowners, as provided bylaw. The income eligibility limit for eiderly low-income homeowners and for homeownerstotally and permanently disabled shall be adjusted for the fiscal year 2A1i-2012 underthe provisions of Tennessee Code Annotated, Seciions 67-5-702 and 67-5-703.
Item 11. Notwithstanding any pi'ovision of the law to the contrary, from theappropriations made for the Department of the Treasury, there is hereby appropriatedfunds sufficient to defray the cost of administering, on behalf of state employeescompensaied on ihe centralized state payroil system, Tennessee Code Annotated, Title8, Chapter 25, Part 1, the same being ihe "Government Employees' DeferredCompensation Plan Act", and Tennessee Code Annotated, Titie 8, Chapter 25, ParI 3,the same being the "Profit Sharing or Salary Reduction Plans for State Employees'', andTennessee Code Annotated, Section 8-25-501, the same being a "Cafeteria BenefitsPlan" for state employees.
Item 12. Subject to the concurrence of the Commissioner of Finance andAdministration, the Commissioner of Human Resources is authorized to develop andimplement a system whereby the cost of the Civii Service Cornmission ancj of servicesrendered to the Department of Human Resources by the Administrative ProceduresDivision of the Department of State is recovered from those departments, boards andcommissions to whom services are rendered.
Item 13. The funds appropriated in Section 4, Title lll-3, ltem 4, to ForestryOperations, shall include the proceeds frorn timber sales conducted by ihe Departmentof Agriculture. lt is the legislative intent that said proceecis shalì be accr¡unteci for asdepartmental revenue.
Item 14. From ihe appropriaiion made for ihe Department of TouristDevelopment, there is hereby appropriaied a surn not to exceed twelve thousand fivehundred dollars ($12,500.00), sufficient io defray ihe cost of advertìsing and otherexpenses in connectìon with special events in which Tennessee is :'epresented and/orevents with¡n the state for which Tennessee will act as cfficial host. Any allotment offunds made under the authority of this section shall be made only on the approval of theCommissioner of Finance and Administration.
Item 15. From the appropriaiions made in this act, there shall be paid expensesincurred by the Departmeni of Economic and Cornmuniiy Development and theDepartment of Tourist Development, representing the state in its official capacity;provided, however, that nothing herein shali authorize the expenditure by each agencyfor such purposes in excess of five thousand dollars ($5,000.00) per annum. The
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amount and purposes of such expenses are subject to approval by the Commissioner ofFinance and Administration.
Item 16. From the appropriations made to Staie Piosecutions in Section 1, Titletll-7, ltem 2, payments to reimburse couniies for housing state prisoners shall notexceed $35.00 per inmate per day. Provided, however, the $35.00 per ¡nmate per daylimitation on reirnbursement payments shall be inapplicable to the extent the state isobligated by the specifÌc terms of a wrítten contraci to provide reimbursement at a rate inexcess of $35.00 per inmate per day, but only to the extent of that contractual obligation.
Item 17. Notwithstanding any provision of ihe law to the contrary, where a judicialproceeding is transferred from one jurisdiction to another for trial on a defendant'smotion forchange of venue, the limiiation of five hundred dollars ($500.00) forthe boardand lodging of the jury shall not apply, provided the Comptroller of the Treasury on theadvice of the State Attorney General, deiermines thai acjditional funds for boarding andlodging the jury are necessary.
Item 18. No funds appropriated by the provisions of this act to the Depailment ofEconomic and Community Development shall be used to contract for services, or torenew any contract for services, with any individr¡al or entity if such individual or entity's.position presents an actual or apparent conflict of interest between duties owed to theState of Tennessee under such contract anci duiies owed to any third party. lt ìs thelegislative intent ihat work performed under service contracts shall be performed in-house by the department to the extent possible.
Item 19. The Departrnent of Mental Health is authorized to expend up to onehundred fifty thousand dollars ($150,000) in available funds for the purpose ofimplementing the provisions of Tennessee Code Annotated, Section 12-4-330, and suchfunds are specifically appropriated for that purpose.
Item 20. The appropriation to the Department of Health, Trauma System Fund, inSection 1, Title lll-'16, ltem 2.5, is made pursuani to Tennessee Code Annotaied, Title68, Chapter 59, "Tennessee Trauma Center Funding Law of 2007". Subject to appi'ovalby the Gommissioner of Finance and Administratjon there is hereby appropriated a sumsufficient from the Trauma System Fund reserve.
Item 21. Within the amount appropriated in Section 1, Title lli-17, ancj ¡n Section4, Title lll-17 ,'for Temporary Assistance to Needy Families, the Comrnissioner oí HumanServices shall establish by rule or regulation, pursuant to the provisions of TennesseeCode Annotated, Section 71-3-155, to be effective July 1,2011 , the standard of need foreach family s¡ze in the Families First program: provided, the maximum g:'ant for eachfamily size will remain at the Fiscal Year 2010-2Q'1 '1 established level; and, providedfurther, that the Commissioner of Hurnan Services. in consultation with theCommissioner of Finance and Administration, may by rule to be effective on July'1 ,
2011, establish certain categories of Families First recipients to whom an additionalgrant differential for the Íamily size up to a maximum of fifty dollars ($50.00) per familymay be paid.
llem 22. The appropriations to the Depariment of Revenue under Section 1, Titielll-18, provide for all the activities of the departmeni and ínclude amounis in fieu ofpercentages allowed by law on collection of certain taxes and revenues; suchpercentage shall be covered into and made a pari of the general fund. Appropriationsalso include amounts for motor vehicle registration and any other activities which may beadministered by the Department of Revenue.
Item 23. The appropriation to the Tennessee Association of Rescue Squads inSection 1, fäe lll22, ltem 9, is for the sole purpose of maintaining a state headquartersof the assoc¡ation and to pay the salary of an executive director of the association andother expenses appurtenant thereto.
Item 24. Notwithstanding any provision of the law tc the contrary, ihe Departmentof Transportation shall not release or make available inforrnation which reveals theamount of fundlng available for any project.
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Item 25. No funds appropriated by the provisions of this act for any specialtylicense plate shall be allocated by the Department of Finance and Administration to theDepartment of Revenue until such plate has met all siaiutory requirements for issuance.
Item 26. The General Assembly recognizes thai demands on available siaterevenue are such that it may be necessary to establish priorities among state servicesand programs and to revise the methods of altocating state resources. Therefore, it isthe legislative inient that local governments should consider in undertaking long-termobligations based on state payments, specificaily staie per diem oayments for housingstate inmates in local jails, that existing payments may be reduced or eliminated ìn thefuture and such not be regarded as the principal source of funding for debt repaymentobligations.
Item27. From the appropriation in Section 'l , Title lll-3, ltem 3, Department ofAgriculture, Market Development, the following amounts are earmarked:
(a) Non-recurring grants oí $250 000 io the Future Farmers of America(FFA) and $250,000 to the 4-H Foundaiion.
Item 28. ln addition to the funds appropriated in Section 1, Title lll-16, liem 3.1,Health - Health Services Administration, $6,000,000 is earmarked on a non-recurringbasis from the TennCare Reserve for primary care ciinics.
Item 29. ln addition io the funds appropriated in Section 1, Title lll-16, ltem 3.1,Health Services Administration, $1,400,000 is earmarked on a non-recurring basis fronrthe health care safety net reserve for federally qualified health centers.
Item 30.
(a) From funds previously appropriated for such purpose, it is the intent ofthe General Assembly ihat there is established the Jimmy Naifeh Center forEffective Leadership at the University of Tennessee to prepare elected andappointed officials for the challenges of serving the pubiic; to provide leadershipand management programming for government officiais from acrcss the stateand the nation; and to provide studies and research in public serv¡ce on any andall matters relating to the development of professional skills io enhanceeffectiveness as represeniatives of the people.
(b) lt is the intent of the Generai Assernbly that in addition to or as part ofthe services provided pursuant to subseciion (a), ihe Center shall administer theTennessee Government Executrve lnstitute, the Tennessee GovernmentManagement lnstitute, and the Locai Government Leadership Program as weli asother such programs or initiatives that promote leadership development andpublic service.
Item 31. From the funds appropriated for the Criminai lnjuries CompensationFund, pursuant to $ 40-38-405 there is earmarked ihe sum of $100,000 for the solepurpose of making a grani in such amount io the Tennessee Coalition Against Domesiicand Sexual Violence to support the activities of the Tommy Burks Victirn AssistanceAcademy.
Item 32. From the appropriation made in Section 1, Titie lil-3, ltem 4, to theDepafiment of Agriculture, Forestry Operatrons, the sum of $3,457,'100 is intencied tofund the depreciation cost to replace bulldozei's and associated equipment. Unexpendedfunds for this purpose may be carried forward and held in reserve until such a t¡me asreplacement is deemed necessary.
Item 33. From the funds appropriaied by this act, the State Funding Board isdirected to conduct a study of the budgeted contingency costs of capital ourlay projectscompared to ihe actual costs of such capitai outlay projects to increase efficiency instate government. Such study shall examine the methodologies and reportingrequirements of entities completing such capital outlay projects and the use of suchcontingency funds to develop best practices for managing the public debt of the state. ltis the legislative intent that all entities eligible to receive state bond proceeds participate
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in such study by providing timely information and other services as requesteci by theState Funding Board.
Item 34. The appropriation maCe in Seciion 1, Tiile lll-31, to the State FundingBoard for the first year's debt service on bonds in the amouni of $3,700,000 auihorizedin Chapter 591, Public Acts of 2007, for Micjdle Tennessee State University acquisitions,is hereby reduced in the amount of $400,000. The project was financed in part withcurrent funds and the authorization is no longer necessary for the intended purpose.
Item 35. Section 78 of ihis act shall not be construed to supersede applicableprovisions of Federal and state law.
SECTION 11. The appropriations made by this act under Sections 1 and 4 to theDepartment of Education shall be subject to the following provisions, limitations, or restriciions:
Item 1. The appropriation made in Section 1, Title lll-9, ltem 2.1c, forthe BasicEducation Program (BEP), shall be administered pursuant to the provisíons of theEducation lmprovement Act (Public Chapter No. 535 of the Public Acts of 1992) andPublic Chapter No. 369 of the Public Acts of 2007. The BEP formula shall be calculatedfor the fiscal year using the following criteria:
(a) The state shall provide seventy perceni (70%) o'f the funcjs generatedfor the instructional positions component;
(b) The dollar value of the BEF instruciional positions component shall bethirty-eight thousand seven hundred dollars ($38,700);
(c) The formula shall provide one hundred percent (100%) funding for ai-risk students in grades K-12;
(d) The formula shali provide funding for English language learners at aratìo of one to thirty (1:30) and one io three hundred (1:300) for teachers tostudenis and translators to students, respectiveiy;
(e) Each local educaiion agency (LEA) shall receive no less than atwenty-five percent (25%) state share in the non-classroom components;
(f) The cost differential facior shalt be applied at a level of fiÍty percent(50%);and
(g) Local fiscal capacity shall be calculated by applying a weight of fiftypercent (50%) of the current multiple regression analysis mociel and íifty percent(50%) of the model based on local jurisdictions' ability to raise revenue foreducat¡on from local option sales tax and property tax as provided in PublicChapter 369 of 2007.
Item 2. From the appropriations made io the Departrnent of Education underSection 1, Title lll-9, of this act, the Depariment of Education ¡s author¡zed to paythrough disbursements to local education agenc¡es (LEAs), the following amounis basedon the Basic Education Program (BEP) formula, of participation in the basic accident andmedical expense insurance plan, auihorized by Tennessee Code Annotated, Tliie 8,Chapter 27, Par|3, by eligible employees of local educaiion agencies:
(a) For the benefit of eligible local education instructional employees andtheir dependents, an amount not io exceed forty-five percent (5%) of the totalstatewide cost;
(b) For the benefit of eligible local education support staff employees ancitheir dependents, an amount not to exceecj thirty percent (30%) of ihe totalstatewide cost.
Furthermore, local education agencies are required to contribute a portionof the premium for participation in the basic accident anC medical expenseInsurance plan at the following levels:
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(1) Pursuant io Tennessee Code Annotated, Section 8-27-303(jX1), each local education agency shall pay on behalf of eachinstructional employee pariicipating in ihe health insurance coverageauthorized by Tennessee Code Annotated, Sections 8-27-302 and 303 aminimum of forty-iive percent (45%) of the monthly premium for thecoverage elected by the instructional employee.
(2) Pursuant to Tennessee Code Annotated, Section 8-27-303üX2), beginning January 1, 2012 each local education agency shallpay on behalf of each support staff employee participating in the healthinsurance coverage authorized by Tennessee Code Annotated, Sections8-27-302 and 303 a minimum of ten percent (10%) of the monthlypremium for the coverage elected by the support staff employee.
The Local Education lnsurance Committee shall determine a calendar year 2012plan of benefits, related services, and monthly premiums for each of the health careopt¡ons offered through the "basic plan" it authorizes pursuant to Section 8-27-302,Tennessee Code Annotated, which results, with reasonable certainty, in the provision ofsufficient revenues to pay plan expenses and to provide for the funding of reserves forestimated incurred but unreported claims. The aggregate amount of funds obliEatedthrough the determination of the plans of benefits and the monthly premiums by theLocal Education lnsurance Committee shall not exceed the arnount appropriated to theDepartment of Education, tsasic Education Program's insurance component in this act.The monthly premiums shall be subject to the approval of the Commissioner of Financeand Administration pursuant to Section 4-3-1006, Tennessee Code Annotated.
The Local Education lnsurance Committee shall recognize the annualized rateand benefits adjustments intended to be effective on January 1,2012, which arerequired so that the plan of benefits, on an annualized basis, shall not exceed therecurring amount appropriated to the Department of Educaiion.
Item 3. From the appropriation made to the Department of Education underSection 1, Title lll-9, of this act, fortechnology programs, there is hereby earmarked asum sufficient for the expenditures of the Web Project.
Item 4. From the appropriation made in Sectlon i, Title lll-9, ltem 2.1c, BasicEducation Program, it is the legislative intent to provide additional BEP funding forstudent enrollment growth on a current year student basis pursuant to Tennessee CodeAnnotated, Section 49-3-351 (d).
Item 5. Under the provisions of Tennessee Code Annoiated, Sections 49-3-357and 49-3-358, pertaining to interest accruing on investments and depos¡ts to theEducation Trust Fund and the Basic Education Program, it is the legislaiive inient thatonly interest earnings be recognized and thai no interest expense be charged to the fundand the program.
Item 6. The Department of Educatìon shall submii to ihe Offíce of LegislativeBudget Analysis the revised BEP funding formula for ihe ensuing fiscal year no laterthan January 1 of each year.
Item 7. Local education agencies are required to report average dailymembersh¡p (ADM) to the Department of Education on a scheduled basìs. îo the extenta local education agency fails to report accuraie and timely ADM information to ihedepartment, the BEP payments for the subsequent fiscal year shall be based on thesecond prior year ADM figure, unless the laie-reporteci ADM figures are lower than thesecond prior year.
sEcïroN 12.
Item 1. There is hereby appropriated the sum of three mlllion Collai's($3,000,000.00) to the Department of Human Services, which sum shall be in addition toall other appropriations rnade to the Department of Human Services and which surn shall
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be used for the sole purpose of increasing ihe amount available to social servicecontractors, as provided for in Tennessee Code Annotated, Title 71, Chapter 1, Part2.
Item 2. lt is the intent of the General Assembly that the Commissioner of Financeand Administration shall have the authority to promulgaie, as emergency rules pursuantto Tennessee Code Annotated, Section 4-5-2A9, those rules and regulaiions whichconcern the Medicaid/TennCare program, including Medicare Crossover payments, andwhich require promulgation Ín order íor the state to fiscally function (i) within theappropriations provided for the Medicaid/TennCare program or (ii) within the availabilityof revenues received for the Medicaid/IennCare program.
Item 3. ln addition to any other funds appropriaied by the provisions of this aci,there is hereby appropriated to the Department of Finance and Administraiion fordistribution to the appropriate entities a sum sufficient to fund any bill on which the fiscalnote indicates ihat the cost of implementaiion of the bill is minimal or not significant. lt isthe legislative intent that if funding is earmarked for implernentation in such bílls that thefunds appropriated in this item be reduced accordingly. lt is the legislative intent torecognize a revenue loss from bills that result in no expenditure increase but forgorevenue which has not been collected previously.
Item 4. ln addition to any other funds appropriated by the provisions of this act, ifthe fiscal note on any bill states that staie revenues would be increased in an amountequal to or greater than state expenditures as a result of the enactment of sllch bill, thenthere is appropriated a sum sufficieni from such increased revenue to the appropriateentity, as determined by the Commissioner oí Finance and Administration, to implementsuch bill.
SECTION 13. The provisions of this section shall take effect upon becoming a law, thepublic welfare requiring it.
Item 1. The Commissioner of Finance and Adrninistraiion is authorized toreallocate appropriations for Board of Clai¡'ns premiums and property insurancepremiums among state agencies and programs, based on the actuariai study providedby the State Treasurer, and io adjust feCeral and other departmental revenuesaccordingly. There is further approoriated for this purpose sums sufficient from dedicatedand earmarked revenues to provide fcr the allocation of appropriations to those agenciesand programs funded by dedicated and earmarked revenues. The Commissione¡' ofFinance and Administration also shall reduce appropriations from the general fund andfrom dedicated and earmarked revenues where necessary, to reflect ihe allocations ofthe actuarial study.
Item 2. From the appropriation made in Section 4, Title lll-1, liem 7.3, R¡skManagement Fund, funds may be expended for purposes outlined !n TCA 9-8-109(d),including, but not limited to, contract¡ng with a third party for cla¡ms managementservices.
SECTION 14. The appropriations made by this act and all othei" appropriations,including appropriations of departmental revenues as set fonh in Section 4 of this act, exceptsuch as may be made for the expenses of the Legislative Branch, and the appropriatíons madefor the Judiciary, including the Attorney General and Reporter. District Attorneys General, PublicDefenders, and the Office of the Post-Conviction Defender, the Secretary of Staie, Comptrollerof the Treasury and State Treasurer, shali be obligated and expended under the provisions ofTennessee Code Annotated, Title 4, Chapter 3, Pad 10 and Title 9, Chapter 4, Pai.51, whichshall remain in full force and effect; and in case of conflict with any other law, the provisions oísuch laws shall prevail, except as otherwise herein specificaliy provided. Atl appropriationsexcept those made by acts author¡zing bond issues and expenditures therecf and thoseexcepted from obligations and expenditure hereinabove, though made by other statutes, shalllikewise be obligated and expended under the provisions of Tennessee Code Annotated, Title 4,Chapter 3, Part 10 and Title 9, Chapter 4, Part 51.
SECTION 15.
Item 1. No part of the fund appi'opriated to any departmeni, office,instrumentality, or agency of the state government shall be expended in any other such
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ent¡ty, but if the head of any department, offíce. commission or instrumentalíty of ihestate government finds ihat there is a surplus in any classification, division, or unit undersuch entity, and a deficiency in any other division, unit or classification, then in that eventthe head of such department, office, cornmission or instrumentality of the stategovernment may transfer such portion of such funds as may be necessary for the onedivision, unit or classification where the surplus exists to the other. except as otherwiseprovided herein, provided such transier is approved by ihe Commissioner of Financeand Administration. Such transfer of funds pursuant to this item shall be subject to theapproval of a rnajority of a committee composed of the Speaker of the Senate, theSpeaker of the House and the Comptroller oÍ the Treasury.
Item 2. The Commissioner of Finance and Administrat¡on may establish in anydepartment, office, commission or instrumentaiiiy of the state governmeni a clearingaccount through which all salaries and wages, including the state's portion of retirement,insurance, Social Security, etc., may be disbursed. ln the event such accounts areestablished, department records shall be maintained showing the distribution of suchamounts among the various appropriation codes, and any financial reports shall presentexpenditures as ìf such expenditures had been made through the individualappropriation accounts.
Item 3. The Commissioner of F¡nance and Administratìon shall have power andauthority to refuse, with the approval of the Governor, to approve or honor any and allrequisitions for purchases. except requisitions for purchases authorized by theLegislative Branch, including the Secretary of State, Comptroller of the Treasury andState Treasurer, and the Judiciary, including the Attorney General and Reporter. ln caseany division or function of governmeni for which an appropriation is provided in this acior otherwise, shall be transfe¡'red from an existing department, to any other department,such transfer shall automaticaily result in the appropriaiion for such transferred divisionor function becoming availabie to the department to which such transfer is made for thepurposes of such iransferred division or function.
Item 4. From the appropriations made to the varíous state departments andagencies under thls act, and other general acts appropr¡ating money, ihere may be paidany expenses incurred by said departments and agencies for the purpose of conductingand serving as host for regional or nationai conferences of which such departments oragencies may be members. Before any funds shall be expended under thisauthorlzation, the amount and purpose of the proposed expenditure shall be approvedby the Commissioner of Finance and Administration.
Item 5. Notwithstanding any provision of law to the contrary, no staie ciepartmentor agency in the Executive Branch of state government is authorized to makeorganizational changes within such department or agency without the prior approval ofthe Commissioner of Finance and Administraiion. Where such organizational changesrequire a transfer of funds between organizational accounts and are contrary io themanner in which appropriations have been made herein, approval of said transfers issubject to approval by the Commissioner of Finance and Administration and by amajority of a committee composed of the Speaker of the Senate, the Speaker of iheHouse and the Comptroller of the Treasury.
Item 6. The Commissioner of Finance and Administration is auihorized to drawdown disputed federal funds and to reserve the funds to prevent their expenditure untilthe dispute is settled; and the Commissioner of Finance and ,Administration inconsultation with the State Treasurer is authorized to allocate ¡nterest earnings on thedraw-down of disputed federal funds and to pay interest earnings to the federalgovernment in those instances when expenditures are ultirnately disallowed.
Item 7. The Commissioner of Finance and Administration is authorlzeC to imposea reasonable real estate transaction fee on all real estate transact¡ons when thetransact¡on is processed through the Department of Finance and Administration. Saidfee structure shall be subject to approval by the Staie Building Comrnission.
Subject to the approval of the State Building Comrnission, ihere is herebyappropriated a sum suffìcient to replace any real esiaie transaction fees that are waived.
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Item 8. The Commissioner of Finance and Administration shaii maintain a polìcyto recover state funds and ihe state's costs associaied with checks, warrants, drafts, andelectronic funds transfers deposited to a state account that are subsequently returnedunpaid by ihe drawer's bank.
Item g. The Commissioner of Finance and Administraiion is authorized tomaintain an indirect cost recovery plan to recognize overhead costs associated with theoperations of the Tennessee Regulatory Authority, Wildlife Resources Agency,Department of Financial lnsiitutions, Housing Development Agency and the regulatoryboards and commissions not under the administration of the Departrnent of Commerceand lnsurance or the Department of Heaith. The Commissioner is further authorized tocharge the departments and agencies covered by ihe indirect cost recovery plan for theirindividual overhead costs.
Item 10. The Commissioner of Finance and Administration shall establish a stateregulatory fee of $5.00 for one year and $10.00 for two years. The fee shall be in lieu ofany allocation of indirect costs which would otherwise be allocated to the regulatoryboards covered by the provisions of Tennessee Code Annotated, Seciion 4-3-101 1(bX2).
Item 11. lf any appropriation in this act íails to designate a department or agencyof state government to be responsible for the administraiion of ihe appropriation, thenthe Commissioner of Finance and Administrat¡on ¡s hereby directed to designate thestate department or agency to administer the appropr.iation.
Unless otherwise dlrected by language in this act, appropriation grants toagencies outside of state government shall be administered in such manner as theCommissioner of Finance and Administration shall determine. Direct appropriationgrants for the benefit of agencies outside of state government may be administered bythe Department of Finance and Administration.
Item '12. For the purposes of this iiem, the term "chief fiscal officer" shall meanthe position within a state agency that has overall daily responsibility for the oversight ofthe fiscal operation for that agency. The Commissioner of Human Resources inconsultation with the Commissioner of Finance and Administration shall designate andclassify position(s) within each agency of the Executíve Branch of state government aschief fiscal officer(s) for that agency. Qualifications and appoinimenis to fill existing orfuture vacancies shall be in accordance with procedures established by theCommissioner of Human Resources with the approval of the Commissioner of Financeand Administration.
Item 13. From the appropriations made in this act to pay ihe salaries of stateemployees who are hired on or after July 1, 20'l 1, the Commissioner of Finance andAdministration ìs authorized to require that those salar¡es be paid ihrough direct-depositprocedures.
Item 14. The Commissioner of Finance and Administration is hereby author¡zedto adjust departmental revenue and reserve estimates and related expenditures: (a) forinternal service funds and enterprise funds to record fees received for services providedto departments, agencies, boards, and commissions, and (b) to record payment forserv¡ces provided to state agencies by another state agency.
Item 15. The Commissioner of Finance and Administraiion is hereby authorlzedto adjust departmental revenue and related expenditures to recognize (a) the carry-overof federal funds and other departmental revenues that were budgeted and allotted buiunexpended or unobligated at June 30; (b) an increase in the federal rate ofreimbursement or match in federal programs so that there is less staie expense or theadditional federal funds are available to meet increasing costs w¡thout improvlngprograms; and (c) an unexpected increase in federal grant funds so that there is lessstate expense or the additional federal funds are available to meet increasing costswithout improving programs.
Item 16. The Commissioner oÍ Finance and Administration is hereby authorizedto adjust the estimates of federal block grant funds and other federal grant-in-aid funds
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est¡mated in Section 4 and Section 3'1 of this act to reflect the actual aflocations offederal revenues made available to the Siate of Tennessee by the federal government.
Item 17. From the appropriation made in Section 4, Title lll-2, ltem 4.4, toGeneral Services, Properiy Management, ihe Commissioner of Finance andAdministration is authorized to establish new positions in property services managementfor new buildings the state maintains.
Item 18. Financial Systems Billings. The provisions of this item shall take effectupon becoming a law, the public welfare requiring it. From ihe funds appropriated in thisact, the Commissioner of Finance and Administration is authorized to approveadjustments in rates charged by the Department of Finance and Administration forenterprise resource planning (ERP, or Edison) and the Division of Accounts, theDepartment of Human Resources, and the Departmeni of General Services; to reserveany funds needed to rebate savings to the federal government; and to reallocate staieappropriations between departments and reduce appropriations, and adjust federal aidand other departmental revenue accordingly.
SECTION 16.
Item 1. Each department. division or agency for the benefit of which anappropriation is made herein and which participates in the Consolidated ReiirementSysiem, shall pay from such appropriation monthly such sums as may be due suchConsolidated Retirement Sysiem as the state's contribution from such department,division or agency.
SECTION 17.
Item 1. From the appropriations made herein, the various departments, agencies,boards and commíssions of state government shall pay on behalf of each parficipatingemployee within the respective depariments, agencies, boards and commissions, notless than eighty percent (80%) of ihe cost of each individual's participation in the basicgroup medical insurance program and one hundred percent (100%) of the cost of twentythousand dollars ($20,000.00) of basic term life insurance coverage and forty thousanddollars ($40,000.00) of basic special accident insurance coverage for each participatingemployee; such basic medical, life and accident insurance program to be establishedpursuant to Tennessee Code Annotated, Title 8, Chapter 27, Part2.
The employer contribution amounts esiabiished by the State lnsuranceCommittee for eligible participating empíoyees shall not exceed, in the aggregate, theamounts appropriated in this act. The State insurance Committee shall deterrnine acalendar year 2012 plan of benefits, related services, and rnonthly premiums for each oíthe health care options it authorizes pursuant to Section 8-27-201 , Tennessee CodeAnnotated, which result, with reasonable cer'tainty, in the provision of sufficient revenuesto pay plan expenses and to provide for the funding of reserves for estimated incurredbut unreported claims. The monthiy prem¡ums and the employer contribution amountsshall be subject to the approval of the Commissioner of F¡nance and Administrationpursuant to Section 4-3-1006. Tennessee Code Annotated.
The State Insurance Committee shall recognize ihe annuaiized rate and benefitsadjustments intended to be effective on January 1, 2012, which are required so that theplan of benefits, on an annualized basis, shali not exceed the recurring revenues to payplan expenses.
Item 2. From the appropriations made herein the Depariment of Military is herebyauthorized to pay, on behalf of each participating nationaf guardsman callecl up to state' active duty, the cost of each incjividual's participatíon in ihe state-approveci Group Lifelnsurance Plan for national guardsmen calleC up to state active duty. The provisions ofTennessee Code Annotated, Title 8, Chapter 27, Par|2, shall apply.
Item 3. The State lnsurance Commlttee shall establish and mainiain, within theappropriations made ¡n this act for supplemental medical insurance for retired stateemployees and retired teachers and ¡n accordance with Tennessee Code Annotated,
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Section 8-27-702, the respective contr¡buiion levels to be made by the state on behalf ofthe eligible participating retirees. The annualized contribution rate established by theCommittee for the eligible participating employees shali not exceed the amountappropriaied in this act, and the rate establishecj is subject to approval by theCommissioner of Finance and Administration.
Item 4. lt is the legislaiive intent that the State lnsurance Committee establish aschedule of premium payments for retirees participaiing in the group insurance planunder the provisions of Tennessee Code Annotated, Section 8-27-205(b).
Item 5. The Commissioner of Finance and Administration is hereby authorized toestablish positions and make appropriate adjustments to the Benefíts Administrationbudget to reflect changes in the coniractual arrangements for medical and otherinsurance coverage provided to state insurance plan participants. The establishment ofadditional positions and the aliotment of addiiional departmental revenue are subject toapproval by the State lnsurance Committee.
SECTION 18. From the appropriations made by this act, claims for official travelexpenses of state employees and members of boards and commissions, notwithstanding anyprovision of the law to ihe contrary, shall be subject to the provisions of comprehensive travelregulations as approved by the Atto:'ney General and the Cornmissioner of Finance andAdministration under the provisions of rennessee code Annotated, section 4-3-1008.
SECTION 19. Whenever similar or duplicate appropriatlons are made in this act tothose carried in any other act, such appropriation herein shall not be deemed as a supplementalapproprlation, it being the legislative intent that there shall be no overlapping appropriaiions forequivalent amounts; but if this act simply supplements the appropriations made by the other act,then such supplemental appropriation shall be valid. The same shall apply to similar or duplicateappropriations made solely within ihis act.
SECTION 20. Notwithstanding the provisions of Tennessee Code Annotated, Title 54,Chapter 2, Par|2, to the contrary, whenever the State of Tennessee has any surplus lands orother surplus real properties which are sold or conveyed during the fiscal year ending June 30,2012, the proceeds from the sale of such lands or other real property shall be subject to theprovisions of Tennessee Code Annotated, Section 12-2-112.
SECTION 21. The State Procurement Cornmission or Board of Standards, asapplicable, may, if it considers such action in the interest of the state, auihorize the ChiefProcurement Offìcer or Director of Purchasing to negotiate for the purchase of computerprograms and associated software systems wiihout following the procedures set out inTennessee Code Annotated, Title 12, Chapler 3, reiative to requisitioning and the receipt ofbids. Such purchases shall be made at and for ihe best possible price, and each such purchaseshall be confirmed by the State Procurement Cornmission or Board of Standards beforebecoming effective. This exception shall not apply to the purchase of computer equipmentmachinery or associated hardware, but the same shall continue to be acquired in accordancewith the procedures set out in Tennessee Code Annotated, Title 12, Chapter 3.
SECTION 22. Notwithstanding the provisions of Tennessee Code Annotated, Title 66,Chapter 29, warrants, drafts, and checks drawn on the Siate Treasury that have not beenredeemed within 12 months of issue date shall be cancelled and written off the staie's bookswith the funds reverting to the fund of issue. Subsequent claims by the payee of saidinstruments, shall be honored upon receipt of documentation to subsiantiate the claim. TheCommissioner of Finance and Administration and the Staie Treasurer shall ensuì'e the state'scompliance wiih the unclaimed property law.
SECTION 23.
Item 1. tsudget and Auihorized Positions Reconciliation and Reporting;Allotments. lt is hereby declared io be the legisiative intent that the Commissioner ofFinance and Administration revise the funding recommendations and pei'sonnelsummaries contained in the Budget Document to conform with this act, other generalacts of this Session and any other actions whích affect the levei of departmental or othersuch revenue; it is the legislative intent that the commissioner make al! necessaryadjustments to revenues, appropriations, authorized pos¡tions, and totals to effectuate
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the provisions of ihis act as amended by the General Assembty. Said revisedsummaries shall be provided to the Office of Legislative Budget Analysis, Finance, Waysand Means Committees of the Senate and House of Representatives and to the Office ofthe Comptroller of the Treasury and Fiscal Review Committee.
ln establishing allotments from the appropriations herein made, iheCommissioner of Finance and Administration may establish total spendingauthorizations in the amount of the specific appropriation from state revenues hereinmade, plus the estimated federal and departmental revenues estimated to be availableas presented in the revised funding summaries cited above. In the event federal anddepartmental revenues for any paÉicular program, appropriation code, or otherclassification are less than the amount estimated to be available under the allotmenisthen and to that extent the spending authorizations are hereby reduced; to the extentthat federal or departmental revenues in excess of the amounts allotied are realìzed,such excess shall not constitute increased spending authorizations, except under theconditions herein specified.
ln establishing the allotments herein auihorizecj, the Cornmissioner of Financeand Administration shall divide the total spending authorizations by allotment code, ¡ntotwo subdivisions, as follows:
1. Personal Services and Benefìts2. Other Operaiing Expenses
Item 2. Program Expansion Reports (Federal and Other Deparimental Revenue).No state revenues shall be expended by any state agency unless such revenues areappropriated by the General Assembly, as reflected in the provisions of this act and therevised summaries cited above. No state agency shall establish any new programs orexpand any existing programs, beyond the scope of those already establisheC,recognized and approved by the General Assembly, as reflecied in ihis act and therevised summaries c¡ted above, unless each such new or expanded progrâm is fundedentirely from unanticipated or excess deparlmental revenues or federal revenues.However, no such expend¡ture of unanticipated or excess departmental revenues orfederal revenues shall occur until written notíce of the program and the availability ofunanticipated or excess departmental revenues or federal revenues is submitied by theCommissioner of Finance and Administration to the Chairs of the Finance, Ways andMeans Committees of the Senate and Fiouse of Representatives and until saidcommittee chairs have acknowledged in wriiing receipt of such written notice; provided,however, that capital outlay program projects, whether capital irnprovements or capitalmaintenance, shall be submitted to the State Building Commission to be acknowledged.When submitted, a copy of operational budget expansion reports shall be provicied to theFiscal Review Committee executive director and the Offìce of Legislative BudgeiAnalysis director for information purposes. For the purposes of this paragraph, the term"departmental revenues" means earnings or charges for goods or services; or donations,contr¡but¡ons or participation by political subdivisions, foundations, corporations, firms orpersons; and the term "state revenues" means the proceeds of taxes, licenses, íees,fines, forfeiture or other imposts laid specifically by state law.
An expansion report shall not be acknowledged by ihe Chairs cf the Finance,Ways and Means committees during a time that the General Assembly is in regular,annual session until each Finance, Ways and Means Ccrnmittee has held a hearing onthe proposed program expans¡on, or the committees have held a joint hearing.
State fiscal stabilization funds available under U.S. Public Law 111-5, AmericanRecovery and Reinvestment Act, and any subsequent revenue-sharing relief to thestates ¡n excess of the amounis specifically appropriated or identifìed in this act shall noibe used to expand programs until speciíicaliy appropriated by the General Assembly.
Item 3. Capital Outlay Budget and Quarterly Repofts. lt is the legislative Intentthat funding for all capital improvement projects and funding for each capitalmaintenance project of one million dollars ($1,000,000) or more shall be specified indetail in the annual budget document and listed by affected spending agency. Fundingfor each capital malntenance project of less than one m¡llion dollars ($1,000,000) shall
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HB 2139
be specified in such detail in the annual budget document as the Governor shalldetermine.
It is further the legislative intent that appropriations for capital improvement andcapital maintenance projects shall be specified by state agency in lump sums consistentwith capital improvement and maintenance pi'ojects detaíled in the annual budgetdocument.
The Commissioner of Finance and Administration shall provide a wr¡itenquarterly report to the director of ihe Office of Legislative Budget Analysis and to theexecutive director of the Fiscal Review Commiitee identifying additions, deletions orother modifications of capital improvement and capital maintenance projects occurringsubsequent to enactment of the annual budget through ihe appropriat¡ons and bondauthorization acts.
Item 4. Ïime-Limited Federal Criminal Justice Grant-Funded Positions. TheCommissioner of Finance and Administration shall report to the Chairmen of the Senateand House Finance, Ways and Means Committees on positions funded by federalcriminal justice grants that are time-limited. The report shall ínclude the number ofpositions and costs by federal program and by state agency and program, ihe period ofthe grant, the outlook for federal continuation of the grant beyond the expiration daie,and any conditions of the grant indicating a siate obligation upon expiration of the grant.A copy of the report also shall be provided to the Oifice of Legislative Budget Analysisdirector and the Fiscal Review Committee executive direcior.
Item 5. Non-recurring Grants Notificaiion. The Ðepartment of Finance andAdministration is directed to noiify in writing by November 1,2011, each entity (otherthan state agenc¡es or individuals) receiving a grant under this act which is from a non-recurring appropriation that such funding has been identified in the Budget orappropriations act to expire at the end of 2Q11-2012, and that such entity is advised toseek alternative non-state funding for future fiscal years or to reduce its budget.
Item 6. Overlapped Positions Reports. The Commissioner of Human Resourcesshall submit a monthly report to the Office of Legìslative Budget Analysis regardingpositions that have been overlapped for ninety (90) days or more ln addition, ihe budgeias introduced shall indicate the number of positions overlapped for ninety (90) ciays ormore at a time no more than thirty (30) days before transmittal of the buciget.
SECTION 24.
Item '1 . Notwithstanding any provision of the law to the contrary, the heads of therespective departments for which appropriations are rnade in Section 1, Titles l, ll, lll-1,Items 1,3, 5, and 7, are authorized to revise their respective budgets and personnelauthorizations within the appropriations made in Sections 1 and 4 oi th¡s act and tosubmit those revised summaries to the Commissioner of Finance and Administration,who shall incorporate them inio the revised funding recommendations and personnelsummaries and allotments and spending authorizations required by Section 23 of thisact.
Item 2. AII funds appropriated in Section 1, Title lll-1, ltems 3,5 and 7 and inSection 4, Title lll-1, ltems 3,5 and 6, shall be acirninistered in a ministerial capacity bythe Department of Finance and Administration ¡n accordance with budgets and anyrevisions thereto of the respective entities for which such appropriations are made. Suchbudgets and any revisions thereto shail be subject to the concLjrrence of the Speaker ofthe Senate and Speaker ofthe House of Representaiives.
SECTION 25. Except where sovereign immunity has been or shall hereafter beexpressly waived by the General Assembly, all appropriations of siaie revenues anddepartmental revenues made in this act and in pr¡or acts to the state, its departments, agencies,boards, educational institutions, instrumentalities, and incorporated entities perfomning ihestate's governmental functions shall be state funds and shall be protectec' by the state'ssovereign immunity from every court's judgment, decree, attachment, or other legal process;provided, however, that any statutory or oiher provision authorizing an agency, board, or entityto sue and be sued shall not constitute a waiver of sovereign immunity.
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HB 2139
SECTION 26. From the appropriation made for the General Assembly under Section 1,Title l, payment shall be made for, but not limiied to, ihe following items:
1. Any lawful expenses of the One Hundred Seventh General Assembly, forwhich funds have not been obligated on June 3A,2U1, such funds herein appr'opriatedas are required may be made available during the fiscal year ending June 30, 201 1.
2. The lawful expenses of the One Hundi'ed Seventh Generai Assembly.
3. The cost of staffing, maintaining and operating the offices of the Speaker ofthe Senate and the Speaker ofthe House of Representatives, including necessary traveland other expenses incident to said offices, not covered by Title l, ltems 1.3 and 1.4, ofthis act.
4. Such expenses as may be incurred for maintaining legislative facilitiesincluding the maintenance and staffing and such other expenses as may be necessaryio provide offices and other services to mernbers of the General Assembly and iheir siaffin state facilities in Nashville.
5. Expenses and travel pay to legislators for each day when attendingconferences, workshops, and other official meetings, both within and without the State ofTennessee, when said travel is approved by the Speaker of the Senate and/or theSpeaker of the House of Representatives. Payments shall be at the same rate providedfor members of the standing committees of the General Assembly when meetingbetween sessions. Provided, further, that reimb¡-¡rsement may be made to legislators iorregistration fees incurred while attending conferences and meetings as may beapproved by the Speaker of the Senate and/or the Speaker of the House ofRepresentatives.
6. Expenses and travel pay allowed io members of the Joint Legislative ServicesCommittee as authorized under Tennessee Code Annotaied, Section 3-1-106, and tomembers of the Fiscal Review Committee, as auihorized under Tennessee CodeAnnotated, Section 3-7 -1 02.
7. The Speakers may transfer to ihe Office of Legal Services for the GeneralAssembly and to the Fiscal Review Commiitee sufficient funds to enable them tocomplete all studies ass¡gned to them by the One Hundred Seventh General Assembly,and to furnish such help as may be required by standing, select and joint committees ofthe General Assembly.
8. Membership dues to the National Conference of State Legislatures, similarservice organizations, and such other conferences as may be approved by the Speakerofthe Senate and the Speaker ofthe House of Representatives. Such payments may bemade quarterly or in accordance with other pariial payment plans.
9. Any expenditures for legislative purposes called for by resolutions or jcintresolutions properly adopted by either or both Houses of the General Assembly.
10. Payment of expenses to any member, as provided by law, for attendance atany meeting of any standing, special, or seiect cornmittee of ihe General Assembly,whether such meeting occurs during or between sessions of the General Assembly.Such expenses for meetings held between sessions shali be paici at the same rate asprovided in the general law for meetings held whiie the General Assembly !s in session.
1'1 . In addition to appropr¡ations made under Section 1, Title l, there is herebyappropriated a sum sufficient to cover any increase automaticaliy occurring undermandate of law in any compensation, benefits, or expenses funCed under Section 1,
Title l.
12. From funds available to the General Assembiy, ihere is earmarked a sumsufficient for the sole purpose of funding expeilses of members of the General Assemblyfor meetings of study committees of the General Assembly on which they serue;provided, that such expense payment is subject to approvai by the Speaker of the Hcuse
52
HB 2139
of Representatives and the Soeaker of the Senate in accordance with Tennessee CodeAnnotated, Section 3-1 -1 06.
AII items listed above, togeiher with any other expenses íor the GeneralAssembly, upon the approval of the Speaker of the Senate and/or the Speaker of theHouse of Representatives, shall be paid through the Office of Legislative Administration,who shall also be authorized to make arrangements for, and incur obligations incident to,any convening of the One Hund¡'ed Seventh General Assembly.
Provided, further, that during any perioci when the Offices of the Speaker of theSenate or the Speaker of the House of Representatives are vacant, or othenrrise uponauthority of the Speakers, the Director of the Office of Legislative Administration ishereby authorized to do any act which the Speaker might do under the provisions of thissection.
The provisions of the section shall not be construed to countermand any generalact passed by the One Hundred Seventh General Assembly.
SECTION 27. The Speaker of each House of the General Assembly shall be paid fromfunds appropriated to the General Assembly the following sums:
Seven hundred fifty dollars ($750.00) for their ex officio services during anysession of the General Assembly; plus the sum of five thousand seven hundreci dollars($5,700.00) annually for local office expenses in their county of residence which wiil bein addition to the cost of maintaining and operating offices in the State Capitol. lnaddition, each Speaker shall be ailowed the same amount for expenses and travel payas that provided for members of the standing committees of the General Assembly whenmeeting between sessions, for attending meetings of standing, select, or jointcommittees of the General Assembly or when absent from their county of residence onofficial duty as Speaker.
The allowance ior ex officio duties authorized by this section shall be paid at therequest of each Speaker at any t¡me after adjournment of a session. The amountauthorized hereby for local office expenses shall be paid annually on or after November1st of each year at the request of each Speaker. Requests for payments shall beaddressed to the Director of the Office of Legislative Administration and need not beaccompanied by a list of expenditures for which allowances the reimbursements arecla¡med. Payments for attending meet¡ngs between sess¡ons or when absent frorncounty of residence shall be paid from time to time on request of each Speaker.
SECTION 28. ln order to prevent duplicatíon of effort and to establish proíessionalstandards, audits to be performed by internal audit staffs or grantees of departmen:ai activitiesfunded from appropriations made in this act shall be coordinated with the Ofíice of ÍheComptroller of the Treasury, and such repods as may be issued shali be prepared inaccordance with standards established as required by law by the Comptrolier of the Treasury.No department, agency, institution, board, or commiss¡on shall cause internal auditing to beperformed by persons who do not meet the job spec¡f¡cations for internal auditors established bythe Commissioner of Human Resources and approved by the Commissioner of Finance andAdministration.
SECTION 29. The appropriations to public Institutions of higher education set forth inSection 1 of this act shall be subject to the conditions and limitaiions set forth in this section,and shall not be subject to other provisions of this act except as otherw¡se expressly stated.
Item 1. Salaries to be paid frorn the appropriations made io educat¡onalinstitutions shall be fixed as follows:
The President and the staff of the University of Tennessee, by the Boarci ofTrustees; the Presidents and staffs of the institutions within, and the Chancellor and staffof, the State University and Community College System of Tennessee, by the Board ofRegents; and the Directors and stafis of the technology centers by the Board ofRegents; all of which shall be within ihe appropriations provided and available for saidpurposes.
EAJJ
HB 2139
Item 2. Each higher educaiion insiitution, including technology centers, shailreport to the Commissioner of Finance and Administraiion, the Tennessee HigherEducation Commission, and the Office of Legislative Budget Analysis, the aciual amountof expenditures for maintenance and operation of the physical plant. exclusive of utilities,for the fiscal year, and any deviation in these expenditures from the amountsrecommended in the funding formula for these purposes, prorated to reflect actualfunding levels appropriaied in this act.
Item 3. All institutional revenues of any kind collected by the institutions in thecourse of their operations for their own use are hereby appropriated io the institutions inaddiiion to the specific appropriations made by ihis act.
Item 4. lt is the intent of the General Assembly that the fee charges among thepublic institutions of higher education of the staie, be subject to the nature and scope ofthe institutions, and that the State Board of Regenis and the Board of Trustees of theUniversity of Tennessee shall consult with the Higher Education Commission beforeestablishing the fee schedules for the universities, community colleges and technologycenters.
Item 5. The appropriations herein for higher education and appropriations of allhigher education departmental and institutional revenue are subject to the provisions ofTennessee Code Annotated, Title g, Chapter 4, and subsections (4) and (S) ofTennessee Code Annotated, Section 4-3-1006. Within the general requirements of theseprovisions, the Commissioner of Finance and Administrat¡on, in consultatlon with theComptroller of the T¡'easury and the Higher Education Commission, shail specify thecontent and procedures for submitting operating budgets and revisions the¡'eto. Theoperating budgets shall be submitted to the Higher Education Commission by iherespective governing boards. The Higher Education Cornmission shall then submit suchoperating budgets with their comments to ihe Department of Finance and Administrationfor approval. ln addition, the appropriations in this act to institutions of higher educationshall be subject to the requirements, restrictions and controls of the State Boarci ofClaims and the State Building Commission in the same manner as other agencies of thestate. The governing boards shall subrnit to ihe Office of Legislative Budget Analysisboth the original and revised operating budgets proposed. The Tennessee [-ligherEducation Commission shall submit to the Office of Legislative Bucìgei Analysis therevised higher education funding formula for the ensu¡ng fiscal year no later thanDecember 1 of each year.
Item 6. From the appropriations made herein, institutions of higher education arehereby authorized to pay, on behalf of each participating employee, a percentageamount equal to the amount paid by other agencies of the siate of the cost of eachemployee's participation in the state-approved Group lnsurance Plan for stateemployees.
Item 7. Except where sovereign immunity has been or shall hereafter beexpressly waived by ihe General Assembly, all appropriations oÍ state funds andinstitutional revenues made in this aci and prior acts to institutions of higher educationshall be state funds and shall be protected by the state's sovereign immunity írom anycourt's judgment, decree, attachment, or other legal process, provided, that any statutoryor other provision authorizing any entity to sue and be sued shall not constitute a waiverof sovereign immunity.
Item 8. From the appropriations made in ihis act and other appropriatíons acts,the budgetary units in higher education shall pay to the Tennessee ConsolidaiedRetirement System the employer's share of retirement and shall pay tc ihe SocialSecurity Administration the Social Security costs including the additionai benefii costsassociated with pay, pay raises funded from fees, revenues, payroll savings or any otherfunding source.
Item 9. The appropriations in this act for Cente¡-s of Excellence and CampusCenters of Emphasis are subject to allocation by the Higher Education Cornmission andthe Commissioner of Finance and Adnninistration. ln allocating the appropriation forCenters of Excellence, a consideration shall be planneci reductions to existingexpenditures io supplement funding fol' the centers. The obligation and exoenditure of
54
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funds appropriated for Centers of Excellence shall be subject to oversight by the specialjoint committee of the General Assembly created pufsuant to the provisions of theComprehensive Education Reforrn Act of 1984.
Item 10. There is hereby appropriated a sum sufficientto pay insurance claimsfiled by lending instiiutlons under the provisions oÍ the Federal Family Education LoanProgram and the costs associated with administering that program. Provided, however,such payments shall be made and such costs shall be paid from funds and reseryesrece¡ved and maintained by the Tennessee Student Assistance Corporation for theFederal Family Education Loan Program and the State of Tennessee shall in no way beliable for such claims.
Item 1'l . ln addition to any other funds appropriated by the provisions cf this act,there is appropriated to the Student Assistance Corporation all reserve balances nowheld by the Corporation for the Student Loan Program authorized by Tennessee CodeAnnotated, Title 49, Chapter 4, Parl 5. lt being the legislative intent that these reservesmay be used to cover any expenditures resulting from over-awards of assistance tostudents enrolled during the 2011-2012 academic year under the Student AssistanceProgram and may use that portion of earnings from the Student Loan Prograrn reservesto conduct the training, administration and deiault management for students, schoolsand lenders in the Federal Family Education Loan Program, Part 4 and the Student LoanProgram, Part 5. The allotment of funds appropriated by this item shall be subject to theprovisions of Tennessee Code Annotated, Title 4, Chapter 3, Part .l0 and Tiile 9,Chapter 4, Parl 51 .
Item 12. ln the Tennessee Stucient Assistance Awards Program any prior yearappropriations recovered from prior recipients by June 30, 2012, shall not revert to thefund balance but shall be added to the reserve balances now held by the StudentAssistance Corporation for the Student Loan Program authorized by Tennessee CodeAnnotated, Title 49, Chapter 4, Part 5.
Item 13. Proceeds collected from prior recipients of the ieacher loan/scholarshipprograms authorized by Tennessee Code Annotated, Title 49, Chapter 4, ParI 2, shallnot revert to the fund balance but shall be deferred and added to the funds appropriatedin the succeeding year for expenditure as awards in the Teaching Scholars Program(Tennessee Code Annotated, Section 494-212).
Item 14. Proceeds collected from prior recipienis of the Minority TeachingFellows Program authorized by Tennessee Code Annotated, Title 49, Chapter 4, Pan 7,shall not revert to the fund balance but shall be deferred and added to the fundsappropriated in the succeeding year for expenditure as awards in the Minority TeachingFellows Program (Tennessee Code Annoiated, Seciion 49-4-706).
Item 15. There is hereby appropriated a sum sufficient to the Tennessee StudentAssistance Corporation from accumulated interest earnings in the Academic ScholarsProgram (Tennessee Code Annotated, Section 49-4-203) and in the Christa McAuliffeScholarships Program (Tennessee Code Annotated, Section 49-4-705).
Item 16. ln the fiscal year ending June 30, 2012, lhere ís appropriated a sumsufficient to the Tennessee Student Assistance Corporation from revenues receivedpursuant to TCA 494-702(c) for the loan-scholarship program for graduate students ¡nprofessional nurs¡ng. Said funds shall not revert to the general fund, but shail be carriedforward for future student awards.
Item 17. There is hereby appropriated a sum sufficient io the BaccalaureateEducatÍon System Trust Board of Directors from fees and other charges for participationin the prepayment tuition program operated by the board under the provisions ofTennessee Code Annotated, Title 49, Chapter 7, Part 8.
Item 18. lt is hereby deciared to be the legislative intent that the TennesseeHigher Education Commission shall, as part of the budget recommendation to theGovernor each year, provide estimates of likely increases in student fees at var¡ouslevels of state appropriations varying from zero increase in state appropriations io fullfunding of the Commission's recommendations. lt is furiher the intent of the General
55
HB 2139
Assembly that the Commission include wiihin its recommendations the total revenuesexpected to be available to each higher education institution for educational and generalpurposes (including state appropriations, student fees and any other available funds),compared to total educational and general revenues recommended for each institutionunder the Commission's formula at full funding.
Item 19. State appropriations to higher education institutions will be budgetedand expended in a manner that advances the priorities and goals of the approved highereducation master plan.
Item 20. The provisions of this item are effective upon becoming a law, the publicwelfare requiring it. lt is the intent of the general assembly to facilitate the provision offinancial assistance to unemployed persons seeking educational services who reside incouniies experiencing sustained high levels of unemployment. The Governor may invokethe provisions of this item where he determines that a county is experiencing sustainedhigh levels of unemployment. To be eligible to receive such aid, a person must be aresident of such county and unempioyed as of the date of the declaration by theGovernor, or thereafter becomes unemployed, and is or has been eligible forunemployment compensation benefits. The Tennessee Board of Regents and Universityof Tennessee Board of Trustees shall each develop a means by which financialassistance is provided to individuais attending their respective institutions. lt is thelegislative inteni that financial assistance provided by public higher education institutionspursuant to this item shall be limited to fees not covered by other scholarships or grants,including lottery scholarships and Pell grants, for which the individual is qualified toreceive.
Item 21. From the funds appropriated in Section 1, Title lll-'10, to the University ofTennessee System, there is earmarked for the UT Agricultural Experiment Station, anamount of $200,000 for operatlonal expenses.
llem 22. The capital outlay projects listed in the 2011-2012 Budget Documentand which are identified with the heading "Capital Projects from School Bonds and OtherSources, Fiscal Year 2011-2012", are presented for informational purposes only. Theprojects are subject to recommendation and approval procedures involving the highereducation institutions and their governing boards, the Tennessee Higher EducationCommission, Finance and Administration, the Tennessee State School Bond Authority,ihe State Funding Board and the State Building Commission.
The following proposed capital outlay projects, to be funded from school bonds,institutional/auxiliary and other funds, are in addition to those projects listed on pages A-144 through A-145 in the 201 1-2012 Budget Document:
State University and Community College System(Tennessee Board of Regents)
Austin Peay State UniversityDunn Center Basketball Floor Replacement $ 23O,OOOFarm House Replacement 32O,OOO
Library Water Heaters lnstallation 17O,OOO
TotalAPSU $ ?rO^0OO
East Tennessee State UniversityPost Office RenovationUniversity School Access RoadCoM Parking lnitiativesParking GarageCoM Family Phys. of Kingsport Family Practice Ctr.
TotalETSU
$ 300,000300,000400,000
21,500,0003,500,000
$ 26,000,000
56
HB 2139
Middle Tennessee State UniversityAcademic Buildings UpdatesCope Building RenovationsDavis Science and Wiser Patton RenovationsKeathley University Center RenovationMurphy Center lmprovementsStudent Recreation Building Roof ReplacementWomen's Soccer Practice FieldHealth and Wellness Building AdditionTransportation and Parking lmprovemenis
Total MTSU
Tennessee State UniversityHale Stadium RenovationsMarquee Sign lnstallationMcWherter Parking Attendant Station
TotalTSU
Tennessee Technological UniversityAthletics Maintenance FacilityFitness Center Roof ReplacementHooper Eblen Cenier ScoreboardLive and Learn Village RenovationsParking Lot ConstructionPinkerton/M.S. Cooper Residence Hall UpgradesRegional Health Building UpgradesTech Village Apartments Renovations
TotalTTU
University of MemphisArt Gallery lmprovementsGrounds Equipment Shed lnstallationlndoor Football Practice FacilitySoccer Facility ConstructionSouth Hall Fire Safety UpgradesTheater UpgradeWilder Tower RenovationsWomen's Fieldhouse RenovationsWomen's Softball Training FacilityNew Student HousingParking Garage Construction
Total UOM
Cleveland State Community CollegeElevator UpgradesFire Alarm System Upgrade
Tota|CLSCC
Dyersburg State Community CollegeEnergy Effìcient Lighting Updates
TotalDSCC
57
$ 1,000,0003,000,0001,500,0001,850,0002,250,0001,700,000
150,0008,000,000
12,200,0A0
$ 31,650,000
$ 27,000,000150,00030,000
$ 27,r80,000
$ 370,000880,000900,000
1,250,000420,000
2,250,0001,240,0007,450,000
$ 14,760,000
$ 250,00060,000
10,000,000900,000
1,000,000700,000460,000
2,000,0001,000,000
59,500,00012,250,000
$ 88,120,000
$ 290,000290,000
$ 580,000
$ 250,000
$ 250,000
HB 2139
Jackson State Community CollegeGymnasium Repairs and UpdatesNew Women's Softball Field
TotalJSCC
Motlow State Community CollegePowers Auditorium lnterior Renovations
TotalMSCC
Nashville State Community CollegeCampus Lab UpgradesCampus Security and Safety EnhancementCentral Plant lnfrastructure and Controls UpgradesClarksville Teaching Site Acquisition and RenovationSeveral Buildings Roof Repairs
Tota|NASCC
Northeast State Community CollegePierce Building Addition
Tota|NESCC
Pellissippi State Community CollegeBlount County Fitness TrailCareer Center RenovationChiller Energy Conservation UpgradesHardin Valley Modular ClassroomHardin Valley Land Acquisition
Total PSCC
Southwest Tennessee Community CollegeUnion Campus Parking Struciure
TotalSTCC
Volunteer State Community CoilegeCampus Site lmprovementsNew Student Union Building
TotalVSCC
ïotal Tennessee Board of Regents
University of Tennessee System
University of Tennessee KnoxvilleNew University Center Additional Funds
TotalUTK
$ 500,000250,000750,000
$ 600,000
$ 600,000
$ 3,000,000650,000500,000
10,500,000540,000
$ 15,190,000
$ 1,550,000
$ 1,550,000
$ 430,000150,000230,000370,000
11,800,000
$ 12,980,000
$ 2,060,000
$ 2,060,000
$ 610,00020,500,000
$ 21,110,000
__q49,sqqpqo
58
$ 30,000.000$ 30,000,000
HB 2139
UT Health Science CenterDunn Building Renovations920 Building Renovations
Tota|UTHSC
Total University of Tennessee $ 31,950,000
Grand rotal __$?2ff!q,0gq_
The Volunteer State Community College requests for Campus wide Paving Repairs inthe amount of $200,000 and the New Registration Building in the amount of $8,100,000as identified on page A-145 of the 201 1-2012 Budget Document are to be canceled.
SECÏ|ON 30. Salaries provided under the appropriations made in Sections 1 and 4 ofthis act to the respective departments, institutions, offices and agencies shall be fixed as underthe provisions of Tennessee Code Annotated, Title 8, Chapter 23.
Within the appropriations made for the Office of the Attorney General and Reporterunderthis act, the salaries of the attorneys, legal and clerical staff and otheremployees shall befixed by the Attorney General. The expenditures provided for herein shall not exceed theamount of the appropriation to the Office of the Atiorney General and Reporter.
The salaries of all employees of the Judicial Branch, except those whose salar¡es are setby law, shall be fixed by the Director of the Administrative Office of the Courts with the approvalof the Chief Justice of the Supreme Court. The compensation of the judges, chancellors, andjustices of the state's trial and appellate courts shall be set in accordance with Tennessee CodeAnnotated, Section 8-23-1 03.
Within the appropriations herein made, the salaries of the subordinaies and employeesof the Treasurer, Comptroller, Secretary of State, and the Fiscal Review Commiüee shall befixed by the heads thereof, respectively, and the salaries of the employees and subordinates ofthe Joint Legislative Services Committee shall be fixed by such committee in accordance withthe provisions of Tennessee Code Annotated, Title 3, Chapters 10 through 14, inclusive; allother salaries and wages in departments, institutions, offices and agencies shall be approved bythe Commissioner of Human Resources, provided, however, that the establishment of salaryranges within such departments, institutions, offices and agencies shall be subject to theapproval of the Commissioner of Finance and Administration. To the extent that additional fundsare appropriated or are generated within a department or agency by abolishing vacant andfunded positions, subject to review and approval of the Commissioner of Finance andAdministration and the Commissioner of Human Resources, salary increases may be grantedfrom such funds.
Employee promotions shall be reported to the General Assembly under the provisions ofTennessee Code Annotated, Section 8-30-21 1(b).
SECTION 31. The provisions of this seciion shall take effect upon becoming a law, thepublic welfare requiring it. Under the provisions of Section 4 and Section 23 of this act, it is thelegislative intent to appropriate the proceeds of federal block grant programs, as assumed bythe State of Tennessee, in the following manner:
1. Social Services block grant in the amount of $13,238,800 to the Department ofHuman Services and in the amount of $21 ,210,500 to the Department of Children'sServices.
2. Mental Health Services block grani in the amount of $8,174,800 to theDepartment of Mental Health.
3. Child Care Development Funds block grant in the amount of $1 15,919,500 tothe Department of Human Services.
$ 1,350,000600.000
$ 1,950,000
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HB 2139
4. Maternal and Child Health block grant in the amount of $'13,837,200 to theDepartment of Health.
5, Preventive Health block grant in the amount of $1,930,000 to ihe Departmentof Health.
6. Community Services block grant in the amount of $'i2,000,100 to theDepartment of Human Services.
7. Low-lncome Energy Assistance block grant in the amount of $27,695,900 tothe Departmeni of Human Services.
8. Substance Abuse Prevention and Treatment block grant in the amount of$29,850,900 to the Department of Mental Health.
9. Temporary Assistance to Needy Families (TANF) block grant in the amount of$213,330,200 to the Department of Human Services.
10. Small Cities Community Development block grant in the amount of$55,754,300 to the Department of Economic and Community Development. Said sumbeing the estimated allocation of funds for the fiscal years 2O1O-2011 and 2011-2012comb¡ned.
Provided, however, that all expenditures of any community development block grantfunds in addition to those appropriated and enumerated in this section shall be subject to thefollowing llmitations and restrictions:
The Housing and Community Development Act of 1981 made it possible for states ioassume administraiion of the Small Cities Community Development Block Grant (CDBG)previously administered by the U.S. Department of Housing and Urban Development (HUD). lnTennessee, the CDBG Program shall be administered by the Department of Economic andCommunity Development (ECD).
There shall be appropriated by the General Assembly to ECD such funds as may beallocated to Tennessee by the federal government for the CDBG Program. The state-administered CDBG Program shall be developed within the parameters of the CDBG legislation,applicable federal regulations, and consultation with citizens and elected offìcials in Tennessee.
The CDBG goals shall be three-fold: ('1) target on areas of economlc distress; (2)stimulate the growth of jobs and income in these areas; and (3) maximize the number ofgrantees. Additionally, all CDBG projects must meet one of the three national objectives of (1)principally benefiting persons of low and moderate income; (2) elimination or prevention ofslums and blight; or (3) elimination of conditions detrimental to health, safeiy or public welfare.ECD shall be authorized to make grants and/or loans of CDBG monies to eligible city andcounty governments ¡n Tennessee to achieve these goals. Loan payments and interest shall bereserved for reappropriation and shall not revert to the general fund balance at year end.
Eligible applicants shall be all city and county governments in Tennessee except thosecities of and counties designaied by HUD as CDBG entitlement areas. Cities excluded from ihestate-administered CDBG Program include Memphis and Shelby County, Nashville (DavidsonCounty), Chattanooga, Knoxville and Knox County, Clarksville, Bristol, Johnson City, OakRidge, Murfreesboro, Kingsport and Jackson. These cities and counties will receive their CDBGfunds directly from HUD.
Based upon anticipated CDBG allocations of $26,660,900 in fiscal year 20i1 and of$29,093,400 in fiscal year 2012, the following target funding levels shall be established:
Administrative Costslndustrial Location/ Expansions/Retentions..Community LivabilityWater/Sewer/Solid Waste...Housing and Neighborhood Revitalization....
60
FY'11
$ 633,200500,000
2,379,20021,093,800
1,054,700
FY'12
$ 681,900500,000
2,610,40023,143,900
1,157 ,200
HB 2139
Set-Aside
A fifty percent (50%) reduction in any category will be permitted to facilitate properprogram management and allow administrative flexibility. The funds so reduced shall beallocated to other categories with priority given to water/sewer/solid waste projects.
Selection criteria for project approvals shall be uniform within categories, objective andquantitative, and shall be based on project need, project feasibiliiy, project impact, communityneed, and, for community livability projects, essentialness.
Project application materials will be supplemented, as appropriate, by site visits and byinformed opin¡ons of state agencies knowledgeable about particular projects.
The level of CDBG ass¡stance for individual projects shall be determined by the followingfactors: (1) the percent of projeci beneficiaries that have family incomes below the low andmoderate income (LMl) levels; (2) a maximum grant andior loan of $750,000.00 for individualprojects ($300,000.00 for community livability projects); (3) a maximum grant and/or loan to anyapplicant of $750,000.00 in two successive years; and (4) the grantee's ability to pay. Highergrant levels (up to $1 ,000,000.00) may be approved for regional projects.
lf modifications in the expenditure plan for the CDBG Program are required, saidmodifications shall be accomplished in the following manner: (1) if the General Assembly is insesslon such modifications shall be approved by the General Assembly, or (2) if the GeneralAssembly is not in sess¡on, the Governor may, (a) submit such modifications to the StateFunding Board for approval or, (b) call a special session of the General Assembly for approval.
The American Recovery and Reinvestment Act of 2009, U.S. Public Law 111-5,authorizes additional funding for federal block grant programs in fiscal year 2010-201 1. It is thelegislative ¡ntent to appropriate the proceeds, as assumed by the State of Tennessee, in thefollowing manner:
1. Child Care Development Funds block grants in the amounts of $783,300 infiscal year 2010-2011 to the Department of Human Services.
2. Community Services block grants in the amounts of $2,658,800 in fiscal year2010-201'1 to the Department of Human Services.
3. Temporary Assistance to Needy Families (TANF) block grants in the amountsof $34,732,200 in fiscal year 2010-2011 to ihe Department of Human Services.
4. Small Cities Community Development block grants in the amount of$5,628,700 in fiscal year 2010-2Q1 1 to the Department of Economic and CommunityDevelopment.
The Housing and Economic Recovery Act of 2008, U.S. Public Law 1 10-289, authorizesadditional funding for the Small Cities Neighborhood Stabilization Community Developmentblock grant. lt is the legislative intent to appropriate the proceeds, as assumed by the State oíTennessee, in fiscal year 2010-20'1 1 in the amount of $27,950,800 to the Tennessee HousingDevelopment Agency. Any unexpended funds at June 30,2011, are hereby reappropriated inthe 201 1-2012 fiscal year.
SECTION 32. The appropriations made in Section 1, Title lll-8, ltem 4, to theDepartment of Economic and Community Development for the FastTrack lnfrastructure and JobTraining Assistance Programs shall be expended pursuant to Tennessee Code Annotated,Sections 4-3-716 and 4-3-717. The Commissioner of Finance and Admin¡stration is authorizedto transfer sums sufficient from the appropriation for FastTrack lnfrastructure and Job TrainingAssistance to Community Development and Bus¡ness Development for economic developmentprojects. The Commissioner of Economic and Communiiy Development is authorized to transfersums sufficient from the appropriation for FastTrack lnfrastructure and Job Training Assistanceto Tennessee Jobs Skills Program, subject to the approval of the Commissioner of Finance andAdministration. There is hereby reappropriated sums sufficient from any amounts carriedforward in the FastTrack fund at the end of each fiscal year pursuant to Tennessee CodeAnnotated, Section 4-3-7 1 6(d).
61
1,000,000 1,000,000
HB 2139
SECTION 33. On or before January 31 of each calendar year, the Center for Businessand Economic Research of the Universiiy of Tennessee shall cause to be published acomprehensive report on the state's economy. Said report shall be based on projections fromthe Tennessee Econometric Model and such other informat¡on as the Center may deemapproprlate. The report shali contain projections for ten years (beginning with the calendar yearpreceding the year in which the report is due) of the annual economic activity (level and percentchange over prior year) for each of the state's major economic sectors; shall include ten-yearprojections of selected economic indicators. as specified by the Staie Funding Boarcl; and shailalso include a narrative description of the short{erm and long-term prospects for economic andbusiness activity in the state based on these indicators. Quarterly projections shall also bepublished if available.
Said report shall be distributed to the Governor and the other members of the StateFunding Board. The State Funding Board shall report to the General Assembly as provided inTennessee Code Annotated, Section 9-4-5202.
SECTION 34. The provisions of this section shall take effeci upon becoming law, thepublicwelfare requiring it. From the appropriations made in Chapter 1108, PublicActs of 2010,the Commissioner of Finance and Administration is auihorizeci to make transfers from theappropriations made:
Item 1. To the Distrìct Attorneys General in Section 1, Tifle lll-1-2
Item 2. To the Department of Finance and Administration in Section '1 , Title lll-2-3, and to adjust federal aid and other deparimental revenue accordingiy.
Item 3. To the Department of Agriculture in Sectíon '1 , Title lll-3, and to adjustfederal aid and other departmental revenue accordingly.
Item 4. To the Depadment of Environment and Conservaiion in Section 1, Titlelll-5, and to adjust federal aid and other departmenial revenue accordingly.
Item 5. To the Department of Economic and Community Development in Section1, Title lll-8.
Item 6. To the Department of Education in Section 1, Title lll-9, and to adjustfederal aid and other departmental revenue accordingly.
Item 7. To the Department of Safety in Section 1, Title lli-20, and to adjustfederal aid and other departmentai revenue accordingly.
SECTION 35. The Commissioner of Finance and Administration is authoi"¡zed to makethe following transfers from the appropriations made in this aci:
Item 1. To the Judicial Branch in Section 1, Title ll, but excluding theappropriations for Board of Law Examiners, tsoard of Professional Responsibiiity,Tennessee Lawyers Assistance Program, Continuing Legal Education and ClientProtection Fund. Transfer of appropriations to or beiween Guardian ad Liiem, lndigentDefendants' Counsel, Civil Legal Representaiion, and Verbatim Transcripts aresanctioned, but transfers from these programs to other programs are excluded.
Item 2. ln Section 1 for the lV-D Child Support Program, a reallocation of fundsbetween the District Attorneys General and the Department of Human Services isauthorized. The Commissioner of Finance and Administration is further authorized toadjust federal aid and other departmental revenues, and to establish positions as maybe required.
Item 3. From the funds appropriated in Seciicn 1, Title lll-3, to the Depariment ofAgriculture for the agricultural enhancemeni program.
Item 4. To the Department of Environment and Conservation in Section 1, Titlelll-5, to recognize administrative reorgan¡zations and to adjust auihorized positions,federal aid and other departmental revenue accordingly.
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HB 2139
Item 5. To the Depafiment of Correciion in Section 1, Title lll-7, and to adjust thenumber of authorized positions within the depar-tment's authorized level.
Item 6. To the Departmeni of Economic and Community Development, in Section1, Title lll-8, from Community Development and Regional Grants Management ioEconomic Development District Grants to comply with the requirements of Chapter 521,Public Acts o'f 2007.
Item 7. ln Section 1 for Targeted Case Management Services. a reailocaiion offunds between the Department of Education anci the Department of Children's Servicesis authorized. The Commissioner of Finance and Administration is further authorized toadjust departmental revenues as may be required.
Item 8. To the Department of Education in Section 1, Title lll-9, io recognizeadministrative reorganizations addressing ihe management of the federal Race to theTop grant program and implementation of Public Acts.of 2010 (E.S.), Public Chapter 2,the Tennessee First to the Top Act of 2010, and to adjust author¡zed positions, federalaid and other departmental revenue accordingly.
Item 9. To the University of Tennessee System in Section 1, Title lll-10, ltem 3,excluding non-formula units, for technical corrections to the Higher Educaiion outcomes-based funding formula.
Item 10. To the Tennessee Board of Regents System in Section 1, Title lll-10,Item 4, excluding non-formula units, for technical corrections to the Higher Educationoutcomes-based Íundìng formula.
Item 11. To the Department of Labor and Workforce Development in Section 'l ,
Title lll-13, and to adjust federal aid and other departmental revenue accordingly.
Item 12. To the Department of Mental Health in Section 1, Tiile lll-14, and toadjust federal aid and other departmental revenue accordingly.
Item 13. To the Department cf Miiitary in Section 1, Title lll-15, anci to adjustfederal aid and other departmental revenue accordingly.
Item 14. To the Department of Health in Section 1, Tiile lll-16, and to adjustfederal aid and other departmental revenue accordingly.
Item 15. From the appropriations made to the Department of Human Servicesand the TennCare program in Section 1, for eligibility determination for the MedicaidProgram and various federal family assistance programs, the Commissioner of Financeand Administration is authorized to reallocate appropriations between the departmentand program, and to adjust federal and ciepadmental revenue estimates accordingly, inorder to reflect actual costs of eligibility determination services and Medicaid casemanagement services.
Item 16. To the Department of Human Services in Seciion 1, Title ili-17, and toadjust federal aid and other departmental revenue accordingly.
Item 17. To the Department of Revenue in Section 1, Title lil-18, and to adjustdepartmental revenue accordingly.
Item 18. To the Cover Tennessee Health Care Prograrns in Section 1, Title lli-21,and to adjust federal aid and other departmental revenues accordingly.
Item 19. The appropriations macie in Section 1, Title lll-22, MiscellaneousAppropriations, are authorized to be allocated and transferred to the appropriateorganizational units and prograrns of state government by the Cornmissioner of Financeand Administration. For each appropriation so allocated and transferred, there is furtherappropriated sums sufficient from dedicaied and earmarked revenues to provide for thecomparable allocation of appropriations to thcse agencies and programs funded bydedicated and earmarked revenu¡es. The appropriation for the Homeland SecurityEmergency Fund is subject to approval by the Director of Homeland Security.
OJ
HB 2139
ln addition to the appropriations made in Section 4 of this act, there is herebyappropriated to the organizational units and programs of state government all federal aidfunds and deparimental revenue earn¡ngs associated with the allocation and transfer ofMiscellaneous Appropriations authorized under the preceding paragraph in this ítem.
Item 20. To the Department of Children's Services in Section 1, Title lll-23, and toadjust federal aid and other departmental revenue accordingly.
Item 21. To the Depariment of lntellectual and Developmental Disabíllties inSection 1, Title lll-25, and to adjust federal aid and other departmental revenueaccordingly.
Item 22. To the Department of Finance and Administration, TennCare program inSection 1, Title lll-26, ancj to adjust federal aid and other departmental revenueaccordingly.
Item 23. To ihe Department of Transportation in Section 1, Title lll-30, to provideadditional funds for resurfacing as determined by ihe Commissioner of Transportation.
Item 24. To the Depadment of Transportation in Section 1, Title lll-30, torecognize administrative reorganizations and to adjust authorized positions, federal aidand other departmental revenue accordingly.
The Commissioner of Transportation, with the approval of the Commissioner ofFinance and Administration, is authorized to reorganize programs within the Departmentof Transportation for better accounting and personnel management practices madepossible by impfementation of the enterprise resource planning system.
SECTION 36. The provisions of this section shall take effect upon becoming a law, thepublic welfare requiring it. Subject to the availability of funding at June 30, 2011, anyunexpended balances of appropriations made under Chapter '1 108, Public Acts of 2010, otheracts of this General Assembly or acts by previous General Assemblles, listed in this section arehereby reappropriated to be expended in the 201 1-2012 fiscal year and such appropriationsshall be carried fon¡vard in a reserve into the fiscal year beginning July 1, 2011. Thereappropriation and carry-fonruard of these funds is subject to approval by the Commissioner ofFinance and Administration. Unless othen¡vise noted, the unexpended balances reappropriatedare authorized under Chapter 1 108, Public Acts of 2010, and they are the appropriations made:
liem 1. For data processing services, systems development, data processingequipment purchases and leases and telecommunicat¡on systems purchases ancileases. The Commissioner of Finance and Administration is authorized to iransfer fromthe amounts carried forward sums sufficient for the Computer Equipment RepiacementFund and to the Systems Development Fund.
Item 2. Notwithstanding any provision of law to the contrary, all fundsappropriated to the Legislative Branch which remain unobligated and unexpended ai theend of any fiscal year, shall not revert to ihe general fund but shall be carried forward ina reserve to be expended in accordance wiih the approval of the Speaker of the Houseof Representatives and the Speaker of the Senate. This item shall not be subject to theapproval of the Commiss¡oner of Finance and Administration.
Item 3. To the Judicial Branch in Section l, Title ii, but excluding theappropriations for Guardian ad Litem, lndigent Defendants' Counsel, Civil LegalRepresentation, Verbatim Transcripts, Board of !-aw Examiners, Board of ProfessionalResponsibility, Tennessee Lawyers Asslstance Program, Continuing Legal Education,Client Protection Fund and Council of Juvenile and Family Court Judges. Thereappropriated funds shall be expended for the integrated computer system for theTennessee Court System under the provisions of Tennessee Code Annotated, Section16-3-807. This item shall not be subject to the approvai of ihe Commissioner of Financeand Administration.
Item 4. To the Judicial Branch, A.dministrative Office of the Courts in Seciion ''! ,
Title ll, ltem 13, to defray expenses of serving the General Sessions Ccurts anC the
64
HB 2139
General Sessions Judges'Conference pursuant to Tennessee Code Annotated, Section16-1 5-5007 and Section 67-a-606(a)(B)(9).
Item 5. To the Administrative Office of the Courts fi'om the unexpended balanceof revenue from the gift received to benefit the Hillman Taylor Library in Memphis.
Item 6. To the Judicial Branch, Board of Law Examiners in Seciion 1, T¡tle ll, ltem16. The carry-forward amount shall be the difference between expenditures andrevenues, including any reserye balance.
Item 7. To the Judicial Branch, Councii of Juvenile and Family Courl Judges inSection 36, ltem 7 and in Seciion 65, iiem 6, of Chapter 554, Pubiic Acts of 2009, thenon-recurring appropriation to provide for juvenile mental health evaluations.
Item L To ihe District Attorneys General from revenues earned from theDepariment of Human Services íor food stamp fralid prosecution activities, theunexpended balance of such funds, not to exceed $100,000.
Item 9. To the Secretary of Staie fcr publication of the Blue Book pursuant toSection 1, Title lll-1, ltem 3.3 and Section 36, ltem 9.
Item 10. To the Secretary of State, Help America Vote Act in Section 36, ltem 10,and in Section 61, ltem 11, of Chapter 603. Pubiic Acis of 2007, for providing statematch to federal funds.
Item 11. To the Secretary of State, Charitabie Solicitations and CharitableGaming, in Section 36, ltem'l 1 and in Section 4, Title lli-1, ltem 3.6. The unexpendedbalances of departmental revenue are hereby reappropriated to fund a charitablesol¡c¡tations systems development project.
Item 12. To the Alcoholic Beverage Commission from the unexpended balance ofdepartmental revenues of the Alcohol Server Responsibiliiy and Tra¡n¡ng Programauthorized by Tennessee Code Annotated, Title 57, Chapier 3, Part7.
Item 13. To the Human Rights Ccmmission in Section'1 , Title lli-2, ltem 2.4, anamount not to exceed $200,000.
Item 14. To the Health Services and Development Agency in Section 1. Tiile ill-2,Item 2.5, in an amount not to exceed $300,000 for the purpose of paying audìt costs.
Item 15. To the Department of Finance and Administration in Section 1, Title lll-2,Item 3.'10, for Health lnformation Technology, in an amount notto exceed $'13,275,000,to provide non-recurring funds to advance the appropriate use of healih informationtechnology and to improve quality of care. The Commissioner of Finance andAdministration is authorized to transfer surns sufficient to the information systems fundand to other appropriate organizational units of state government,
Item 16. To the Departmeni of Finance and Adminjstrat¡on from the appropriationmade in Section 36, item '16 and in Section 't , Title lll-2, ltem 3.8 of Chapter 603, PublicActs of 2007, for State Health Planning Division, in a non-recurring amount not toexceed $1,826,233.46.
Item 17. To the Department of Finance and Administration any unexpended reaiestate fees collected by the Real Propedy Management Divisíon.
Item 18. To ihe Department of Finance and Administration in Section 36, ltem 1Band in Section 1, Title lll22, ltem 33.4, of Chapter 603, Public Acts of 2007 , for the useof Nashville MTA bus services for state employees, in an amount not to exceed$200,000.
Item 19. To the Department of Human Resources in Section 1, Title lll-2, ltem 4,and in Section 36, ltem 19, to fund Training lnitiatives.
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HB 2139
Item 20. To the Department of Veterans Afíairs !n Seciion 36, ltern 20, and inSection 1, Title lll-2, ltem 6, of Chapter 503, Public Acts of 2005, the r,:nexpendedbalance of the $300,000 appropriation for Memphis cemetery headstones realignment,which is hereby reappropriated for that purpose and for other non-recurring costs at theveterans cemeteries.
Item 21. To the Department of Veterans Affairs in Section 4, Title lll-2, ltem 5, thegreater of $200,000 or the total of unexpencied l¡urial fees and federal burial grant fundsshall not revert to the general fund.
llem 22. To the Depariment of General Services, in Section 4, any unexpendedrevenues received for conducting conferences for ihe Governor's Office of Diversiiy andBusiness Enterprise shall not revert to the Eeneral fund.
Item 23. To the Department of Agriculti.rre the unexpended balance of revenuesfrom timber sales at state forests and state parks.
Item 24. To the Deparlment of Agriculture for the agricultura! enhancementprogram in Section 36, liem 24 and in Section l, Title lll-3, ltems 2 and 3.
Item 25. To the Depariment of Agricuiture in Section 36, ltem 25 and in Section'1 , Title lll-3, ltem 4, of Chapter603, PublicActs of 2007 ior Forestry Operations, in thenon-recurring amount not to exceed $582,958.60 to replace aging equipment.
Item 26. To the Department of Environment and Conservation, LandReclamation, in Section 1 , Title lil-S, ltem 16 and in Section 36, ltem 26.
Item 27. To the Department of Environment and Conservation, State Parks inSection 36, ltem 27 and in Section 38 of Chapter 963, Pubiic Acts of 2006.
Item 28. To the Department of Environment and Conservation for a rural watersupply study in Section 36, ltem 28 and in Section 57, ltem 22, of Chapler 963, PublicActs of 2006. The unexpended balance is reappropriated íor a water resourcesmanagement and planning study.
Item 29. To the Department of Environment and Conservation for the BiofuelsPro.¡ect in Section 36, ltem 51 and in Section 57, ltem 21, of Chapter963, PublicActs oí2006.
Item 30. To the Tennessee Historical Commission in Section 1, Title lll-5, ltems 3and 9, for the Tennessee Wars Commission.
Item 31. To the Tennessee Historical Commission the unexpended funds fromany prior appropriations Íor publications, historical markers and other historical activities.
Item 32. To the Depañment of Economic and Community Derrelopment inSection 36, ltem 31 and from the appropriations made in Section 1, Title lll-8, to supportthe Three-Star commun¡ty program, the Main Street orogram, and other communitydevelopment programs.
Item 33. To the Department of Economic and Community Deveiopment for non-FastTrack economic development project grants made in the Business Developmentprogram.
Item 34. To the Department of Economic and Community Developrnent,Tennessee FilmÆelevision lncentive Fund. pursuant to T.C.A., Section 4-3-4903(e), theCommissioner of Finance and Administration is author¡zed to carry foruvard unexpendedbalances of any appropriaiions made for the incentive fund.
Item 35. To the Department of Economic and Communiiy Development inSection 36, ltem 34 and in Section 12, llem 24, of Chapter 554, Public Acts of 2009, forrural assistance granis, and to the Secreiary of State in an amount not to exceed$1,030,000 provided by a grant from Economic and Commun¡ty Development.
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HB 2139
Item 36. To the Department of Economic and Community Development inSection 36, ltem 35 and in Section 61, Item 21 of Chapter 603, Public Acts of 2007, toprovide a non-recurr¡ng grant to the State Legislative Leaders Foundation.
Item 37. All funds appropriated io the Department of Education for the purposesof the state testing programs which remain unobligated and unexpended at the end ofany fiscal year shall not revert to the general fund but shall be carried fonivard in areserve to be expended for the purposes of such programs.
Item 38. To the Department of Education in Section 36, ltem 37 and in Section 1,Title lll-9, ltem 2.1e, of Chapter 603, PublícActs of 2007,in a non-recurring amount of$2,000,000 forthe Teach Tennessee Program
Item 39. To the Department of Education in Section 36, ltem 38 and in Section 1,Title lll-9, ltem 2.1e, of Chapter 503, Public Acts of 2005, in a non-recurring amount of$5,000,000 to fund a professional development, leadership, and training initiativeprogram.
Item 40. To the Department of Education in Section 36, ltem 39 and in Section 1,Title lll-9, ltem 2.1a, for the Governor's Schools Program.
Item 41. To the State Board of Education, in Section 36, ltem 40 and in Section12, llem 54, of Chapter 603, Public Acts of 2007, in the non-recurring amount of$200,000 for the sole purpose of facilitating program development in accordance withChapter 459, Public Acts of 2007.
Item 42. To the Department of Labor and Workforce Development in Section 36,Item 41 and in Section 1, Title lll-13, ltem 7, forthe Second lnjury Fund.
Item 43. To the Department of Mental Health in Section 1, Title lll-14, ltem 2.6,for housing initiatives for the seriously and persistently mentally ill.
Item 44. To the Department of Military in Section 1, Title lll-1 5, ltem 1 and ltem 3,for tuition ass¡stance.
Item 45. To the Department of Human Services for the purpose of Child SupportEnforcement which remain unobligated and unexpended may be carried fon¡¡ard inreserve.
Item 46. To the Department of Human Services for the purpose cf VocationalRehabilitation services to clients which remain unobligated and unexpended may becarried forward in reserve.
Item 47. To the Department of Revenue for the production of license plates.
Item 48. To the Department of Safety and the Tennessee Bureau of lnvestigationfrom the handgun carry permit fees paid pursuant io Tennessee Code Annotated,Section 39-17-135Í.
Item 49. To the Department of Children's Services in Section 1, Title lll-23.Subject to the availability of revenue, the Commissioner of Finance and Administration ¡s
authorized to carry forward funds to provide fo¡' a statewide needs assessment of childwelfare services.
Item 50. To the Board of Probaiion and Parole, Community Correciions, inSection 'l , Title lll-24, ltem 2, pursuant to Tennessee Code Annotated, Section 40-36-304(c)(1).
Item 51 . To Miscellaneous Appropriaiions in Section 36, ltem 48 and in Section60, ltem 1, of Chapier 1203, Public Acts of 2008, for ihe 5% Personnel Reduction Plan -Voluntary Buyout Costs. The furrds are hereby reappropr¡ated to provide for anyadditional severance pay costs in 2010-2011 and 2011-2012 required by legislativeaction ¡n the 2011 legislative sess¡on.
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HB 2139
Item 52. To Miscellaneous Appropriations in Section 36, ltem 49 and in Section60, ltem 1(3) forVoluntary Buyout Costs - Tuition Assistance, in Chapter 1203, PublicActs of 2008.
Item 53. To Miscellaneous Appropriations in Section 36, Ìtem 50 and in Seciion65, ltem 1, of Chapter 554, Public Acts of 2009, to fund a severance benefit plan forred uction-in-force separations.
Item 54. To Miscellaneous Appropriations in Section 1, Titte lll-22, ltem 25 forSeverance Benefit Plan. The funds are hereby reappropriated to provide for anyadditional severance pay costs in 2010-2011 and 2C11-2012 required by legislativeaction in the 2011 legislative session.
Item 55. Tothe Departmentof Transportation in Section'ì , Title lll-30, liem 2, forequipment purchases.
Item 56. To the Department of Transportation for any appropriations which arereserved at June 30,2011.
Item 57. To the Ad Hoc Task Force on Human Resources in the amount of$500,000 in Section 77.
Item 58. Tothe State Museum in Section 1, Title lll-2, ltem 2.10, in an amountnot to exceed $150,000 to fund an exhibition from the National Archives and RecordsAdministration entitled "Discovering the Clvil War" and "Consequences of the Civil War."
Item 59. Tothe Department of Children's Services in Section 12, ltem 15 in theamount of $1,786,000 to implement Public Chapter ''!065 of 2010 pertaining to fostercare services.
Item 60. To the Treasury Department in Section 1, Title ill-1, Item 7.3,unexpended balance shall not revert, but shall be reappropriated for expendiiuresrelated to savings incentive initiatives and a college savings plan.
SECTION 37. The provisions of ihis section shall take effect upon becoming a law, thepublic welfare requiring it. Subject to the availability of revenue at June 30,2011, anyunexpended balances of appropriations made under Chapter 1108, Public Acts of 2010, otheracts of this General Assembly or acts by previous General Assemblies for benefit of an agencyof local government or a third-party nonprofìt organization for which there is a grantagreemenVcontract approved by the Commissioner of Finance and Administration or theSecretary of State are hereby reappropriated to be expended in the 2011-2012 fiscal year andsuch appropriations shall be carried forwa¡'d in a reserve into the fiscal year beginning July 1,2011. The Commissioner of Finanbe and Administration or the Secretary of State shall provide alist of any unexpended balances carried fon¡¡ard to the Director of Accounts and to the Divisionof State Audit. The reappropriation and carry-forward of these funds is subject to approval bythe Commissioner of Finance and Administration or the Secretary of State, respectively, andexpenditure and reporting requirements to the Secretary of State are adjusted accordingly to thefiscal year in which the funds are received by the grant rec¡p¡ent, notwithstanding any provisionin the grant agreement to the contrary.
SECTION 38. The provisions of this section shall take effect upon becoming a law, thepublic welfare requiring it. There is hereby appropriated the following amounts which shail be inaddition to the appropriations provided under Chapter 1 108, Public Acts of 2010:
Court System1. lndigentDefendants'Council.
TennCareL
2.lntellectual Disabilities Services.Other TennCare Programs ..
CorrectionState Prosecutions ..............
Total TennCare.
$ 5,000,000.00
68
11,400,000.0011,763.400.0023,163,400 00
18,s00,000.00.$
HB 2139
Economic and Community DevelopmentFastTrack lnfrasturcture and Job Training
Education1.
2.Basic Education Program.Career Ladder
Higher EducationGroup Health lnsurance Open Enrollment
Commerce and lnsurance
Total Education
POST Commission - Police Pay Supplement
RevenueTitle and Registration - TRUST System
Miscellaneous Appropriations1.
2.
3.4.5.
Property lnsurance......Staie Agencies - Group Health InsuranceOpen Enrollment.Retirees Health Insurance..................Financial Systems Billings ReconciliationTCRS Billing - Prior Years Reconcil¡at¡on
The Commissioner of Finance and Administration is auihorized io allot and transferthese appropriations to the appropriate expenditure account within each deparlment, agency orbranch of government and to adjust authorized positions accordingly. The Commissioner ofFinance and Administration is further authorized to adjust federal aid and departmentalrevenues accordingly.
SECTION 39. The provisions of this section shall take effect upon becoming law, thepublic welfare requiring it. At June 30, 2011, any unexpended balances of departmentalrevenues and federal aid funds appropriated in this section are hereby reappropriated in thefiscal year beginning July 1 , 2011 .
(a) There is hereby appropriated from departmental revenues and federal aidfunds the amounts hereinafter set out:
Total Miscellaneous Appropriations.....
44,000,000.00
7,200,000.001,600,000.008,800,000.00
3,436,500.00
78,600.00
3,600,000.00
300,000.00
1,050,000.00600,000.00
1,300,000.00910,600.00
4,160,600.00
TOTAL
.. . ..... $
Commissions1. Alcoholic Beverage Commission
Finance and Administration1. Criminal Justice Programs
Finance and Administration, Bureau of TennCare1. TennCareAdministration2. TennCare Medical Services3. lntellectualDisabilitiesServicesSub-Total Finance and Administration,
Bureau of TennCare
Environment and Conservat¡on1. Solid Waste Management
Economic and Community Development1. BusinessDevelopment2. Regional Grants Management3. CommunityDevelopmentSub-Total Economic and Community Development
69
$ 1 10,739,100.00
2010-2011
$0
343,500
$ 127,5000U
$ 127,500
500,000
$o10,023,700
22,000$ 10,045,700
2011-2012
$ 520,000
U
$ '1,262,500
8,063,40026.500
$ 9,352,400
1,500,000
$ 375,00020,882,800
28.000$ 21,285.800
HB 2139
Labor and Workforce Development1. WorKorce Development 1,000,000 7,392,100
Mental Health1. Community Alcohol and Drug Abuse Services g 0 $ 4,000,0002. Community Mental Health Services 0 1,768.600Sub-TotalMentalHealth $ 0 $ 5,768,600
Human Services1. Family Assistance Services 25,000.000 0
Sub-Total Section 39(a) $ 37.016.700 $ 45.823.900
The Commissioner of Finance and Administration is authorized to establish fiÍteen (1 5)full-time positions and to allocate them to the appropriate organizational units, including eight (S)positions in the Alcoholic Beverage Commission, four (4) positions in the Department of Financeand Administration, Bureau of TennCare, and three (3) positions in the Department ofEnvironment and Conservation.
(b) From funds available from U.S. Public Law 111-5, the American Recoveryand Reinvestment Act, there is hereby appropriated from federal funds and otherdepartmental revenues the amounts hereinafter set out:
2010-2011 2011-2012Education (K-12)
1. lmproving Schools Program $ 0 $ 2.058.900
Sub-TotalSection39(b) $ 0 $ 2,058,900
The Commissioner of Finance and Administration is authorized to establish three (3) full-time positions in the Department of Education.
Grand Total Section 39 $ 3Z_01_6J00 $ 42882300
SECTION 40. The provisions of this section shall take effect upon becoming a law, thepublic welfare requiring ii. There is hereby appropriated a sum suffìcient io recognize anyaccrued liability of the state and any obligations between state agencies at June 30, 2012, andfederal aid and departmental revenues may be adjusied accordingly. This appropriation issubject to certification of the accrued liabifity and obligations between state agencies by theCommissioner of Finance and Administration to the State Comptroller.
SECTION 41. The provisions of this section shall take effect upon becoming a law, thepublic welfare requiring ii.
Item'1.
(1) From the appropriations made in Sections 1 and 4 of this act, thereare appropriated sums sufficient to fund the following programs:
(a) An amouni sufficient to implement and pay the cost ofadministering the Section 125 cafeteria plan established for stateemployees is hereby appropriated for that purpose. From theappropriation made in this item and any annual forfeited contributions,the State Treasurer, with the approval of the Commissioner of Financeand Administration, is authorized to esiablish positions and funding forsuch pos¡ilons in the Departmeni of Treasury to fund recurring and non-recurring costs of administering the cafeteria plan established for suchemployees. There is hereby appropriated a sum sufficient to payadditional costs of administering the Staie Employee Cafeteria Plan as aresult of increased participation in the plan by state employees; and
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(b) An amount up to but not exceeding $600,000 for the wellnessprogram or other state employee insurance programs administered by theDepartment of Finance and Adrninistration; and
(c) An amount up to but not exceeding $10,000 for the daycareprogram for chilclren of state employees as administered by theDepartment of Human Services, provided, thai allotment of funds underthis sub-item is subject to approval of the Commissioner of Finance andAdministration; and
(d) An amount up to but not exceeding $130,000 to fund theadministrative cosis of the siate employee sick leave bank administeredby the Department oÍ Human Resources; and
(e) An amount to provide for the employer match to the state's401(k) plan for state employees compensated on the centralized statepayroll system pursuant to TCA, Title 8, Chapter 25.
(2) There is hereby appropriated in Section 1,\ifle lll22, ltem 17, of thisact the sum of $9,197,000 for the fifty dollar ($50) match for state employeescompensated on the centralized staie payroll system if the amount appropriatedin Sections 1 and 4 is insufficient.
(3) There is hereby appropriated a sum sufficieni from employer FICA taxsavings from the Section 125 cafeieria plan maintained by the University ofTennessee to provide for the employer match to the state's 401 (k) plan foremployees of institutions under the University of Tennessee system pursuant toTCA, Title 8, Chapter 25. Should ihis be insuffìcient to provide for the fifty dollar($50) match, there is appropriated in Section 1 , Tiile lll-1 0, of this act, the sum of$2,838,100 to supplement funding for such match.
(4) There is hereby appropriated a sum sufficient from ernployer FICA taxsavings from the Section 125 cafeleria plan maintained by the Board of Regentssystem to provide for the employer match to the state's 401 (k) plan foremployees of institutions under the Board of Regents system pursuant to TCA,Title 8, Chapter 25. Should this be insufficient to provide for the fifty dollar ($50)match, there is appropriated in Section I. Tìtle lll-10, of this act, the sum of$4,328,500 to supplement funding for such match.
(5) The State Treasurer shali have the authority to contract with theoptional retirement plan vendors to provide investment products to optionairetirement plan participants under ihe staie's 401(k) program.
Item 2. In the fiscal year ending June 30, 2012, lhere is hereby appropriated a
sum sufficient from the state reserve for ihe Help America Vote Act for the purpose ofmatching federal funds.
Item 3. The remaining funds from the $1,000,000 appropriated in Chapter 963,Section 1, Title lll-1, liem 3.9 of the Public Acts of 2006 for library construction arehereby reappropriated to the Department of Siate. The Secretary of State is authorizedto reallocate remaining funds from projects that have not developed to other unspecifiedlocations and counties where future library construction projects may develop-
Item 4. There is hereby appropriated a sum suiíicient from earmarked and/ordedicated agency revenues and reserves to provide for the cosis of implementing thestate's Underground Storage Tanks Program. The Commissioner of Finance andAdminlstration shall allocate the costs to ihe individua! agencies and establish iheappropriations required from revenues and reserves avaìlable to the individual agencies.
Item 5. There is hereby appropriated a sum sufficient from general fund interestearnings for the purpose oi funding the State of Tennessee's liability irnder IRSregulations for arbitrage interest earnings on proceeds from general obligaticn debt.
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Item 6. There is hereby appropriated a sum sufficient from general fund interestearnings for the purpose of funding the staie's liability íor the exchange of interest withthe federal government as provided for in the Cash Management Act of 1990.
Item 7. There is hereby appropriaied a sum sufficient to provide for a consultant'sservices in review of accounts receivable management fo¡ the State of Tennessee andfor the implementation of ihose recommendations to the exient the recommendationsare approved by the Commissioner of Finance and Administration. lt is the intent of thelegislature that said appropriaiion shall be funded from revenues collecied from accountsreceivable. The Commissioner of Finance anci Aciministration may establish suchpositions as may be required to cost-effectively implement such recommendation. TheCommissioner also is authorized to allocate a portion of the revenues collected to theappropriate organizational units and programs of state government and to adjust federalaid and other departmental revenue accordingly. Each allocation shall be a one-ti¡'neincentive io maximize accounts receivable collections anci shall be used io fund non-recurring items oniy.
Item 8. There is hereby appropriated a sum sufficient for the purpose ofimplementing an employee maintenance policy by the Department of Finance anciAdministration effective July '1 , 2011. lt is the legislative intent to hold harmless,employees affected by the maintenance policy who were employed as of June 30, 1998.The Commissioner of Finance and Adrninistration is authorized to allocate theappropriation to the appropriate organizational units and programs of state governmentand io adjust federal aid and departmental revenue allotments accordingly.
Item 9. From the appropriations in Sections 1 and 4 of this act, sums sufficientare appropriated for state agencies to pay ihe professional privilege tax levied inTennessee Code Annotated, Title 67, Chapter 4, Part. 17, on benalf of full-time siateemployees who are subjeci to the tax; and who use the certification in their job duties.The payment is subject to approval by the department or agency head in accordancewith the provisions of Tennessee Ccde Annotaied, Section 67-4-1709.
Item 10. From the appropriations made in Section 1, Titles lll-2 through lll-30 andin Section 4, Titles lll-2 through lll-28, to the Executive Branch departments andagencies, the Commissioner of Finance and Administration is authorized to transferamounts budgeted for contract services to payroll and to increase the number ofauthorized positions to replace contractors with staie employees.
Item 11. Subject to the financial reporting requir^ement that the value of federalfood stamps be recognized in the state's accounting system, there is herebyappropriated a sum sufficient from federal funds to recognize the value of food stamps.
Item 12. The Commissioner of Finance and Adnrinistration is hereby authorizedio establish a reserve account for Ccmmunity Services Agency (CSA). lf any CSAceases to operate, any fund balances may be deposited to this accouni. There is herebyappropriated a sum sufficieni from the reserve account to provide for outstandingobligations of any CSA or the ongoing operational cost of any CSA. Disbursement fromthis fund is subjeci to the approval of the Commissioner of Finance and Administration.
Item 13. From the funds appropriated by this act, the Commissioner of Financeand Administration is authorlzed to transfer a sum sufficient to the Department ofGeneral Services, Division of Motor Vehicle Management lnternal Sen¡ice Fund for theacquisition of motor vehicles.
Item 14. ln the fiscal year enciing June 30, 2012, The proceeds from the sale ofsurplus property assigned to Generai Sen¡ices, Property Management, rnay be carriedforward in a reserve into the su:bsequent fiscal year and is hereby reappropriated. Ïhlsappropriation is subject to approval by the Commissioner of Finance and Administration.
Item'15. The appropriations made !n Seciion 1, Tltle lll-22, ltems 19 and 20, ofthis act to the UT Center for Business and Economic Research are reimbursement forresearch assistance to the Department of Finance ancj Administration ($i59,200) and forservices delìvered under the state data contraci with the U.S. Census Bureau($278,000).
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Item 16. There is appropriated io the Department of ihe Treasury a sum not toexceed $242,900 from the Criminal lnjuries Compensation Fund for grants to the DistriciAttorneys General for domestic violence prevention and drug enforcement activitiesauthorized under Tennessee Code Annotated, Section 29-13-116.
Item 17. There is hereby appropriated from ihe earnìngs of the funds of theTennessee Consolidated Ret¡rement System to the Tennessee Department of Treasurya sum sufflcient for implementation of project CONCORD as authorized in TCA 8-34-321 ; provided, however, that said sum sufficieni shall be subject to the approval of iheCommissioner of Finance and Administration. The Siaie Treasurer shall file a request toestablish such sum sufficieni with the Gommissioner of Finance and Administration andthe Chair and Vice Chair of the Council on Pensions and lnsurance. The Commissionerof Finance and Administration shall not act upon such request until in receipt of a letterfrom the Chair and Vice Chair of the Council on Pensions and lnsurance acknowledgingreceipt of the State Treasure/s request. Within the appropriation approved pursuant tothis item the State Treasurer, wiih the approval oí ihe Speaker oí the Senate and theSpeaker of the House of Representatives, is authorized to establish positions andfunding needed to effectuate TCA 8-34-321.
Item 18. ln addition to the appropriation made in Section ''! , Tiile lli-30, ltem 3, forHighway Maintenance, and ltem 5.5, for State Highway Consiruction, in Chapter 1'108,Public Acts of 2010, there is further appropriated such amount as the Commissioner ofFinance and Administration shall determine is available írom tax revenues allocated tothe highway fund and from the highway fund balance.
Item 19. ln the fiscal year ending June 30, 2011, there are hereby appropriatedsums sufficient ¡n amounts equal to the unexpended balances of prior year accruedliabilities in the following education programs: (a) Safe Schools Act of 1998; (b)Coordinated School Health Program; (c) State testing programs; (d) Governor's Schools;and (e) Governois lnstitute for Science and Math The appropriations shall not revert atJune 30, 2011, bul shall be carried forward and are hereby reappropriated in the fiscalyear beginning July 1, 201 1.
Item 20. ln the fiscal year ending June 30, 201 '1, there are hereby appropriatedsums sufficient from the unexpended balances of prior year accrued liabilities for theSpecial Schools and ihe Tennessee lnlant Parent Services School. The Commissionerof Finance and Administration shall determine ihe amounts of appropriations to beestablished pursuant to the requirements of Tennessee Ccde Annotatecj, Section 49-5C-1002(bX2). These appropriations are in addition to appropriations ¡'nade to theDepartment of Educaiion in Seciion '1 , Title lll-9 of the 2010 Appropriations Act.
llem 21. ln the fiscal year ending June 30, 2A12, any unexpended staieappropriations, not to exceed ten percent (10%) of the lotal appropriated funds in boththe Department of Education and the Department of Chilciren's Services, made for theTennessee Early lntervention Services program may be reserved to be carried forwardto the next fiscal year in the Depaftment of Education. Said reserve is subject to theapproval of the Commissioner oí Finance and Administration.
Item 22. From the appropriaticn in Section 41, ltem 52, of Chapter 603, PublicActs of 2007, and in Section 59, ltem 1, of Chapter 963, Public Acis of 2006, to theDepartment of Education for the Coordinateci School Health Program, the Commissionerof Finance and Administration is authorized to carry forward in a reserve an amount notto exceed $500,000 at June 30, 201 1. This carry-forward and reappropriaiion of funds is
subject to approval of the Commissioner of Finance and Administration.
Item 23. ln the fiscal year ending June 30, 2009, there was appi'opriated the sumof 91,500,000 (non-recurring) to the Attorney General and Reporter from TobaccoMaster Settlement Agreement (MSA) payments receiveC in February 2009 that werepreviously withheld by tobacco cornpanies. The appropriation is for the purpose offunding costs related to impending diligent enforcement arbitration proceedings. Theappropriation shall not revert to the genei^al fund at June 30, 2C11 and June 3A, 2412,and shall remain available until expended.
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Item 24. ln the fiscal year ending June 30, 2A12, ihere is appropriaied a sumsufficient to the Tennessee Housing Development Agency from the sale or rent ofhousing and other property rehabilitated by the Neighborhood Stabilization Program.
Item 25. From the appropriations made in Section 1, Title lll-8, to the Departmentof Economic and Community Development, the Comrnissioner of Finance andAdministration is authorized to make transfers to recognize administraiivereorganizations and to adjust authorized positions, íeCeral aid, and other deparimentalrevenue accordingly.
Item 26. ln the fiscal year ending June 30, 2012, there is hereby appropriatedsums sufficient to the Department of Environment and Conservation, Tennessee StaieParks, from revenues collected by the parks system.
Item 27.|n the fiscal year ending June 30, 2011,lhe unexpended balances ofappropriations made under Chapter 554, Public Acts of 2009, in Seciion 65, ltem 3, foran advanced manufacturing technology center, and ltem 4, to the Energy Efficiency andClean Energy Technology lnitiatives, are hereby reapp;'opriated to be expended in the2011-2012 fiscal year.
The appropriation in sub-item (c)(ii) of ltem 4 is further reappropriated, as follows.For participation in a multi-state initiative wiih the U.S. Department of Energy todemonstrate electric vehicle technologies, the sum of $2,500,000 for a grant and thesum of $2,500,000 for rebates to purchase eiectric vehicies that are eligible under themulti-state initiative.
Item 28. The appropriation made to the state office building and support facilitiesrevolving fund pursuant to Chapter 554, Section 68, ltem 8(b) of Public Acts of 2009, ishereby reappropriated for the same purpose in the fiscal year beginning July 1 ,2011.
Item 29. The appropriation in the amount of $37,500.00 made in Section 12, lte¡'n320 o'f Chapter 1011, Public Acts of 1994. ìs irereby reappropriaied to the Ciiy ofFayetteville, Parks and Recreation Depaftment, for the purpose oí maintenance offacilities.
Item 30. The appropriation in Seciion'1 , Title lll-2, ltem 2.7 for the TennesseeRegulatory Authoriiy anticipates Senaie Bili No. 152'1/House Bill No.2009 becominglaw. If the bill does not become iaw, there is appropriated the additional sum of$420,800 from dedicated revenues and reserves of the Tennessee Regulaiory Authorityand three additional positions are authorized.
Item 31. ln the fiscal year enciing June 30, 2011, ihe Commissioner of Financeand Administration is authorized to transfer ihe sum of $377,185 from the general fundto the Employee Group lnsurance Fund to reimburse ihe fund for costs oÍ the stateemployees wellness program in the fiscai year ending June 30, 2010.
Item 32. ln the fiscat years ending June 30, 201 1 and June 30, 2A12, there areappropr¡ated sums sufficient to the Department of Revenue, Administration Division,from proceeds resulting from investigation and enforcement of state tobacco laws. Anyunexpended balances shall not revert to the general fund at June 30, 2011 or June 30,
2012,bu|shall oe reappropriated in the fiscai years beginning July 1,2011 and Juiy 1,
2012.
Item 33. The Commissioner of Finance and Administration is authorized to adjustdepartmental revenues related to inte,.-agency agreernents witlr the Electronic Healthlnitiative for the purpose of implernenting federal electronic health initiatives.
Item 34. From ihe appropriations made in 2010 Public Chaptei'f 108, Section 4,
Title lll-9, Item 5, in the amount of 92,250,000 from federai State Fiscal StabilizationFunds (SFSF) for ihe exemplai"y educators program io assist high priority and highneeds schools, the Department of Education is authorized to expand the use of thesefunds to include training teachers and staff in high priority and high needs schools whereadditional training is needed in math or reading/language arts due to the new morerigorous standards.
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Item 35. From the appropriation in Section 1, Title lll-2, ltem 2.1, Commission onChildren and Youth, the Commissioner of Finance and Administration is authorized tocontinue one full-time position from July I through December 31 ,2011 , relative to thebase budget reduction identified in the Budgei Docurneni, Volume 2, Base BudgetReductions (ltem 2, Juvenile Justice Siaff), because the position is funded in ihe budgeithrough December 31, 2011.
Item 36. Memphis Research Consortium. The non-recurring appropriation of$10,000,000 for the Memphis Research Consoúium in Seciion 1 , Title Ill-10, ltem 4.3(c),University of Memphis, hereby is reduced by $10,000,000 ln addition to theappropriations in Section 1, Title lll-8, of this aci, there hereby is appropriated to theDepartment of Economic and Community Development the sum of $10,000,000 (non-recurring) for a grant to the Memphis Research Consortium for the purposes describedon page B-83 of the 2011-2012 Budget Document and in support of the economicdevelopment initiative, INCITE (lnnovaiion, Commercialization, investment, Technology.and Entrepreneurship).
SECTION 42.
(a) Notwithstanding any provision of ihe law to the contrary, no law of generalapplication which imposes increased expenditure requirements on cities and counties inexcess of one million dollars ($1,000,000.00) shail take effect unless the staie share ofthe cost of such law is specifically appropriated by the provisions of this act.
(b) From the growth in state-shared taxes apportioned to cities and counties andfrom the increase in local revenue generated from passage of any general law during the201 1 annual session of the 107th General Assembly not otherwise appropriatedpursuant to this act, a sum sufficient hereby is appropriated to fund the state share of thecost of any law of general application which requires, without local discretion, thatincorporated municipalities or county governnrents increase expenditures as a directconsequence of passage of any general law.
SECTION 43. The provisions of this section shall take effect upon becoming a law, thepublic welfare requiring it.
Item 1. lt is the legisiative intent to recognize over-appropriation reversionsavings in the general fund in the fotlowing amounts:
(a) ln fiscal year 201A-201 1 to recognize a base recurring over-appropriation of $140,300,000 and a non-recurring reversion of $26,200,000.
(b) ln fiscal year 2A11-2012 io recognize a base recurring over-appropriation of $140,300,000 and a reversion of M3,900,000 in base budgetreduction plans.
Item 2. in the fìscal year ending June 30, 20f i, ihere shail be reserved ordesignated a sum in the general fund balance to provide for non-recurring appropriaiionsand other appropriaiions intended to be funded in the 2011-2012 fiscal year from thegeneral fund balance at ..lune 30, 2011. The Commissioner of Finance andAdministration shall determine the amount to be reserved or designateci.
(a) lt is the legislative intent that the reserve established at June 30,2011,shall include a designation in the amount of $160,534,90A íor 2010-2011 ClosingPlan - Available Funds.
(b) It is the legislative intent that, ai June 30, 2011, the Commissioner cfFinance and Administration establish in the general iund a reserve'for 2011-2012appropriations, to be known as the reserve for 2011-2012 core services, in theamouni of $160,000,000. The non-recurring appropriations for core services areidentified in ihe 201 1-2A12 Budget Document, page A-42.
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(c) lt is the legislative intent thai the reserve established at June 30,2011,shall include a designation in the amount of $35,800,000 for 2011-2012appropriations.
Item 3. Under the provisions of Tennessee Code Annotated, Section 55-6-107(a), the sum of $4,100,000 shall be aliocated to the general fund for ihe cost ofissuing motor vehicle registration plates in the fiscal year ending June 30, 20'12.
Item 4. Unexpended appropriations in an amount to be determined by theCommissioner of Finance and Adminisiration shall be t¡-ansferred from the debt servicefund to the general fund in the fiscai year ending June 30, 201 1. The transfer from thedebt service fund shall include $11,70CI,000 of the unexpended balance of theappropriations made in Section 2, oí Senate Bill 2096 / House Bill 2133, subject to saicjbill becoming a law.
Item 5. ln the fiscal year ending iune 30, 2011,lax revenues allocated to thedebt service fund, including moior vehicle title fees, in excess of $380,900,000 shall betransferred to the general fund. lf said allocation to the debt service fund is less than$380,900,000, then the allocation of excise tax revenues to the debt service fund shallbe increased in an amount to provide the allocation of $380,900,000 to the debi servicefund.
Item 6. ln the fiscal year ending June 30, 2011, the allocation of motor vehicletitle fees to the debt service fund shall be the iesser of $2,700,000 orthe sum generatedby the $1.50 fee under the provisions of Tennessee Code Annotated, Section 55-6-1 01 (a)(1).
Item 7. ii is the legislative ¡ntent thai any required reversion from highereducation appropriations to the generai íund balance at June 30,201'1 , be drawn fromthe unexpended balance in the Tennessee Higher Education Comrnission, theTennessee Student Assistance Corporation, and irom Tennessee Student AssistanceAwards, in the amouni of $2,600,000 plus any additional amounts from the plan forclosing the 2010-2011 fiscal year.
Item 8. ln the fiscal year ending June 30,20i1, the appropriations made inSection 1, Title lll-17 of the 2010 Appropriations Act to the Department of HumanServices to fund programs or services for temporary assistance shall be reduced in anamount equal to the unexpended and unobligated balances of the appropriations. Thereductions shall be made to recognize over"-appropriation savings in programs orservices for temporary assistance in the fiscal year ending June 30, 201'1 .
Item 9. From funds available in the State Loans Program Fund, theCommissioner of Finance and Administration, with the consent of the Comptroller of iheTreasury, is authorized to transfer the available balance, estinrated as not more than$1,400,000, to the general fund in the 2010-2011 fiscal year.
Item 10. Section 61 of Chapter 1108, Public Acts of 2010, authorizes a
severance benefit plan. ln Section 61 it is the legislative intent to amend the ciiaiion"section 1, Title lll-22, ltem 26" to read "Section 1, Title lll-22, liem 25." ltem 25 is anappropriation for the severance benefit plan.
Item 11. Pursuant to Tennessee Code annotaied, Section 67-6-103(k) there is
apportioned from the general fund share of the sales and use tax into cities and countiesstate shared taxes for the County Revenue Parlnership Fund the sum cf $400,000 in thefiscal year ending June 30, 2011 and the sum of $400,000 in the fiscal year ending June30,2012.
Item 12. ln the fiscal year ending June 30, 201'1 , ihere shall be transferred thesum of $377,200 from the general fund to the insurance fund relative to the 2009-20'10Wellness Program.
Item '13. ln the fiscal year ending June 30, 2A12, tL is the legislative inteni thatthere shall be reserved or designated a sum in the general Íund balance in the amount
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of $10,800,000 (recurring) to be designaled for 2012-2013 capital outlay appropriationsfor higher education and economic and community development.
SECTION 44.
Item 1. There is hereby appropriated a sum sufficient from the State OificeBuildings and Support Facilities Revolving Fund to prcvide for expenditures authorizedunder Title 9, Chapter 4, Parl 9, of the Tennessee Code Annotated. There isappropriated a sum suffÌcient to the revolving fund in recognition of the lease cost ofspace for which recovery is not in the state's best interest. The Commissioner of Financeand Administration is authorized to allot, from the amount carr¡ed forward underTennessee Code Annotated, Title 9, Chapter 4, Part 9, to provide funding for siate officebuildings and support facilities, and is further authorized to make appropriation transfersbetween the revolving fund and state departments and agencies.
Item 2. From the State Office Buildings and Suppori Facilities Revolving Fund,there is hereby reallocated $21,100,000 from previously approved capital outlay projectsto be used for capital outlay purposes of the facitities maintained by the fund. Thisappropriation is in addition to the funding recommendations shown on page A-16'1 in the201 1 -2012 Budget Document.
SECTION 45. The provisions of this section shall take effect upon becoming a law, thepublic welfare requiring it.
Item 1. There is hereby created a Capitai Projects Accouni in the Office oflnformation Resources for the administration of the lnformation Systems Capital ProjectsBudget.
This account is established to provide for:
(a) lmplementation of the siatewide Management lnformation SystemsPlan;
(b) Ability to separate the operational budget of the Office of lnformationResources and the system development projects contained in the MIS Plan; and
(c) Financial control of the system development projects, includingequipment replacement for the various agencies of state government.
Item 2. There is hereby authorized the transfer of those sums appropriated forlnformation Systems Capital Projects in Sections 1and4 and in Section 36, ltem 1, ofthis act. Federal aid funds and other departmental revenues shall be adjustedaccordingly to reflect the transfer of state appropriations.
Item 3. The Commissioner of Finance and Adminístration is authorized to transferto the Capital Projects Account any appropriations made in Sections 1 and 4 of this actresulting from operating savings derived from implementation of information systemsfunded through this section.
Item 4. From the appropriations made for systems development and other dataprocessing activities in this act and other acts of the legislature, the Commissioner ofFinance and Administration is authorized to establish and charge the costs ofinformation systems analyst positions and other data processing positions to saidappropriations. The Commissìoner of Finance and Administration is further authorized totransfer between departments and agencies existing information systems analystpositions, other data processing positions and the funding provided in this act fortransferred positions.
Item 5. Expenditure of any funds, subject to the jurisdiction of the lnformatìonSystems Council, appropriated for systems development, the purchase of computersoftware or the purchase of computer hardware shall be subject to the policies of suchCouncil.
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Item 6. From the appropriations made for information systems activities in this actand other acts of the legislature, the Commissioner of Finance and Administration isauthorized to transfer from professional services to payroll amounts budgeted forcontractors. Additionally, the Commissioner of Finance and Administration is auihorizedto increase authorized positions in order to replace contractors with staie employees.
Item 7. The Commissioner of Finance and Administration is authorized toapprove an adjustment in rates charged by ihe Office of lnformation Resources and toreserve any funds needed to rebate savings to the federal government and to reallocatestate appropriations between depafments and to adjust federal aid and otherdepartmental revenue accordingly. Any adjustment of rates or reserve of funds pursuantto the provisions of this aci shall be reported to the lnformation Systems Council.
Item 8. The Commissioner of Finance and Administration shall have the authorityto allocate savings generated from rate reductions from the Office of lnformationResources Services to support modifications needed io be made to exist¡ng applicationsresulting from technology obsolescence or product nonperformance to extend the life ofa system.
Item 9. From the funds appropriated in Section '1 , Titles ll!-2 through lll-30 and inSection 4, Titles lll-2 through lll-28 of this act, the Commissioner of Finance andAdministration is authorized to establish positions and to transfer positions to providestaff for the Enterprise Resource Planning (ERP) systems development project.
SECTION 46.
Item 1. The revenues allocated under the provisions of Tennessee CodeAnnotated, Title 55, Chapter 4, Parl 2 - Special License Plates, are hereby appropriatedin a sum sufficient amount as provided in Par|2.
Item 2. From the motor vehicle registration fees imposed pursuant to TennesseeCode Annotated, Section 55-4-132, there is hereby appropriated a sum sufficient in thefiscal year ending June 30,2012, to be used solely for the development, acquisition, andupdating of a computerized titling and registration system, and for the operation of thetitling and registration system. The Commissioner of Finance and Administraiion isauthorized to allocate the funds to ìmplement the intent of the aci.
SECTION4T. Ihe provisionsof thissectionshall takeeffectuponbecomingalaw,thepublic welfare requiring it.
Item 1. From state revenues and other iunds available to the general fund inexcess of requirements for the fiscal year ending June 30,2011 , the Commissioner ofF¡nance and Administraiíon shall establish the Revenue Fluctuation Reserve in suchamount as may be available under the provisions of Tennessee Code Annotated,Section 94-211. Provided, it is the legislative intent that the Revenue FluctuationReserve be set at a level of not less than $283,600,000 on June 30, 20'1 1, and shallinclude $26,300,000 transferred from the core services reserve.
Item 2. From state revenues and other funds available to the general fund in
excess of requirements for the fiscal year ending June 30, 2012, the Commissioner ofFinance and Administration shall establish the Revenue Fluctuation Reserve in suchamount as may be available under the provisions of Tennessee Code Annotated,Section 9-4-211. Provided, it is the legislative intent thai the Revenue FluctuationReserve be set at a level of not less than $327,700,000 on June 30, 2012.
Item 3. lt is the legislative intent that at June 30, 2U 1 , any surplus general fundrevenue, after fulfilling the requirements of Public Acts of 2010, Chapter 1'108, and ofthis act, including all requirements of the closing of accounts at June 30, 2011, bedeposited in a reserve for future requirements.
SECTION 48. The provisions of this section shall take effect upon becoming a law, thepublic welfare requiring it.
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Item 1. The Commissioner of Finance and Admlnistration is authorized to transferall federal and state health care funds, except those funds appropriated to support theStaie Group lnsurance Program, the Local Education lnsurance Program and the LocalGovernment Health lnsurance Program, to the TennOare Program for ihe purpose ofimplementing any program approved by waiver, state plan amendment and/or state andfederal legislation pursuant to the provisions of health care services to Tennesseansdesignated as eligible by TennCare. ln addition, any premiums collected by theTennCare Program are explicitly authorized to be appropriated to the program for thepurpose of carrying out the provisions of TennCare.
The Commissioner of Finance and Administration is further authorized to transferstate funds and positions, as required, between TennCare and Mental Health Services;lntellectual and Developmental Disabilities; other Health Services; Children's Services;Human Services; Cover Tennessee Health Care Programs; and Commerce andlnsurance, Division of TennCare Oversight.
Item 2. For fiscal year 2011-2012, in addition to all other appropriations to theTennCare Program, the Commissioner of Finance and Administration is authorized touse certified public expenditures andior intergovernmental transfers from allgovernment-related TennCare service providers and local governments for the purposeof matching funds under federal law for the TennCare Program. The use of the certifiedpublic expenditures and/or intergovernmental transfers shall be in accordance withfederal law and regulations.
Item 3. Subjeci to the availability of funding at June 30, 2011, the Commissionerof Finance and Administration is authorized to carry forward into the fiscal yearbeginning July 1, 2011, any unexpended balances of appropriations made underChapter 1 1 08, Public Acts of 2010, f or TennCare and such funds as are carried forwardare hereby reappropriated to be expended in the 201 1-2012 fiscal year.
Item 4. The Commissioner of Finance and Administration is hereby authorized toexpend or lend from the funds appropriated such sums as the Commissioner deemsappropriate to assist TennCare HMO(s) in their operations and obtain services fromcontractors, consultants, and other third parties to give such assistance, such beingdetermined by the General Assembly to be for a public purpose. The Commissionershall provide prompt notification to ihe Speakers of the Senate and House ofRepreseniatives and to the Chairs of the Finance, Ways and Means Committeesregarding any such expenditure or loan with complete details of the amounts andrecipients involved in such transactions.
Item 5. The Commissioner of Finance and Administration is hereby authorized toadjust revenue estimates and related expenditures in Section 4, Title lll-25, related topremiums and drug rebates for the purpose of carrying out the provisions of TennCare.
Item 6. The Commissioner of Finance and Administration is authorized to imposeservice limitations, to reduce optional eligibility categories, mandate standardizedreimbursement levels, and/or reduce, or limit, optional benefìts in ihe TennCare Programas necessary to control program expenditures in the fiscal year ending June 30, 2011,and June 30,2012.
Item 7. ln the fiscal year ending June 30, 21ft, the Commissioner of Financeand Administration is authorized to transfer a sum sufficient, not to exceed $10,100,000,from the TennCare reserve to the Depariment of lntellectual and DevelopmentalDisabilities for systems development purposes.
Item 8. From the appropriations made to the TennCare Program in this act in
Section '1 , Title lll-26 and Section 4, Title lll-25, for the Program lntegrity Unit, theCommissioner of Finance and Administration is authorized to transfer positions fromTennCare to the Attorney General and to adjust departmental revenue estimatesaccordingly.
Item 9. Subject to the availability of funding at ..lune 30, 201 '1 , the Commissionerof Finance and Administration is authorized to carry forward into the fiscal yearbeginning July 1, 2011, any unexpended balances of appropriations made under
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Chapter 1108, Public Acts of 2010, Section 67, Item l, for planning of additional PACE(Program of All-lnclusive Care for the Elderly) programs. Further, the Commissioner ofFinance and Administration is authorized to adjust federal aid and other departmentalrevenues accordingly.
SECTION 49.
Item 1. From the appropriation made in Section 1, Title lll-22, ltem 14, for a stateemployee salary increase, it is the legislative intent to provide a 1.6 percent across{he-board salary increase effective July 1,2011, for each state employee and to adjust theappropriate salary ranges in a like manner. The salary increase is not applicable toemployees in positions which come under the provisions of a statutorily mandated payplan; provided, however, that employees who come under the provision of a statutorilymandated plan shall be paid in accordance wiih the provisions of such plan.
Item 2. lt is the legislative intent that the across{he-board salary increase shallapply to all state employees unless an employee is denied on the basis of unsatisfactorywork performance, which shall be set forth in a statement from the head of thedepartment or agency detailing the circumsiances surrounding the denial, which shall besent to the affected employee. The person shall have the opportunity to respond eitherorally or in wriiing to the head of the depadment or agency or their designee. lf thedenial is sustained, such letter must be filed with the Commissioner of HumanResources. Provided, however, that employees who are compensated at rangeminimums shall receive any increase caused by the adjustment of the range minimums,notwithstanding the provisions of this item to the contrary.
Item 3. (a) lt is the legislative intent that the survey portion of the commissionedofficer pay plan in the Department of Safety and the Tennessee Law EnforcementTraining Academy as referenced in Tennessee Code Annotated, Section 4-7-205, shallnot be implemented effective July 'l , 2011.
(b) lt is ihe legislative intent thai the survey portion of the Tennessee WildlifeResources Agency pay plan shall not be irnplemented effective July 1, 2011.
Item 4. The appropriations made in Section 1, Title lll-10, for Higher Educationinclude $18,400,000 to fund a 1.6 percent salary increase for higher educationemployees effective July 1, 2011.
SECTION 50. From the appropriation in Section 1, Title lll-1 1, ltem 4, RegulatoryBoards, an amount of $200,000 is earmarked from the Board of Architectural and EngineeringExaminers revenues or reserve funds for disbursement to accredited interior design programs,accredited architectural programs, accredited engineering programs and accredited landscapearchitectural programs of state-funded colleges and universities, after application to and subjectto approval by the Board of Architectural and Engineering Examiners. The Board will developguidelines for application, award and disbursement of the funds appropriated herein.
SECTION 51. From the appropriations made in Section 1 and Section 4 of this act, theCommissioner of Finance and Administration is authorized to transfer appropriation savingsresulting from energy management projects to the major maintenance accounts of thedepartments and agencies. These funds may be used to pay debt service on associated bonds,to reimburse the general fund for appropriations made for energy management capital projects,
to pay energy management fees, and io fund energy projects approved by the State BuildingCommission.
SECTION 52.
Item 1. From the Lottery for Education Account, the After-School ProgramsSpecial Account, and other accounts and sub-accounts established pursuant toTennessee Code Annotated, Title 4, Chapter 51, the Tennessee Education Lotterylmplementation Law, sums sufficient hereby are appropriated for the higher educationscholarship programs and other education programs authorized by that law and by Titte49, Chapter 4, Parl9, relative to higher education scholarships; Title 49, Chapter 6, Part
7, relative to after-school educational programs; Senate Bill No. 2008 / House Bill No.
474, relafive to scholarship extensions for rnedically disabled students and dual
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enrollment grants, if such bill becomes law; and, Senate Bill No. 1869 / House Bill No.837, relative to lottery scholarship pariicipation by early high school graduates, if suchbill becomes law. The appropriation from these sources for after-school programspursuant to Title 49, Chapter 6, Pad 7, shall not exceed the balance available in theAfter-School Programs Speciat Account at June 30, 2011, and such balance hereby isappropriated for expenditure in the iiscal year beginning July 1, 2011; provided, that theappropriation is contingent upon the availabllity of funds in the proper account and uponthe availability of excess funds from nei lottery proceeds, after the funding of highereducation scholarships. The availability of excess funds shall be determined by theCommissioner of Finance and Administration prior to the distribuiion of any excessfunds. A copy of such determination shall be filed wiih the Chairs of the educationcommittees of the Senate and House of Representatives and the Office of LegislativeBudget Analysis.
Item 2.
(a) For students who first received the Tennessee HOPE scholarship,Tennessee HOPE access grani or Tennessee HOPE scholai'ship fornontraditional students before the fall semester of 2009, award amounts for the2011-2012 academic year (two semesters) shall be:
(1) $4,000 for an eligible student under the HOPE scholarshipaward or HOPE nontraditional scholarship award pursuant to $ 49-4-üa@),
(2) $2,000 for an eligible studeni under the HOPE scholarshipaward pursuant to S 49-4-914(b);
(3) $1,500 for an eligible student under the ASPIRE need-basedsupplemental award pursuant to $ 49-4-915; and
(4) $1,000 for an elígible student under the General AssemblyMerit Scholar supplemental award pursuant to $ 49-4-916;
(b) For students who first received the Tennessee HOPE scholarship,Tennessee HOPE access grant or Tennessee HOPE scholarship fornontraditional students beginning the fall semester of 2009 or thereafter, awardamounts for the 201 1-2012 academic year shall be:
(1) $2,000 per semester for an eligible student under the HOPEscholarship award or HOPE nontraditional scholarship award pursuant to
S 49-a-914(a);
(2) $1,000 per semester for an eligible student under the HOPEscholarship award pursuant to S 49-4-914(b);
(3) $750 per semester for an eligible studeni under ihe ASPIREneed-based supplemental award pursuant to S 49-4-915;
(4) $500 per semester for an eligible student under the GeneralAssembly Merit Scholar supplemental award pursuant to $ 49-4-916; and
(5) Pursuant to the provisions of $ 49-4-920, the award amouni foran eligible siudent under the Tennessee HOPE access grant shall be
$1 ,375 per semester at four-year schools and $875 per semester at two-year schools;
(c) The 2011-2012 award amount for an eligible student under the Wilder-Naifeh Technical Skills Grant pursuant to $ 49-4-92'1 shall be $2,000;
(d) The 2011-2012 award amount for an eligible student uncier iheTennessee HOPE foster child tuition grant shali be cjetermined under theprovisions of S 49-4-933;
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(e) The 2011-2012 award amount shall be $1,000 per semester forsuccessful compleiion of twelve (12) or more semester hours for an eligiblestudent under the Helping Heroes Grant pursuant io $ 49-4-938; provided,however, that the total amount expended for Helping Heroes Grants shall notexceed $750,000;
(f) The 2011-2012 award amount shall be determined pursuant to theprovisions of $ 49-4-939 for an eligible student under the Tennessee RuralHealth scholarship; provided, however, that the total amount expended forTennessee Rural Health scholarships shall not exceed $600,000; and
(g) The 2011-2012 award amount shall be determinecj by the TennesseeStudent Assistance Corporation in accordance with $ 49-4-930 for an eligiblestudent under the dual enrollment grant.
Item 3. A sum sufficient, not to exceed the available balance in the LEAP GrantFund, is appropriated from the fund for the purpose of awarding 3-year grants inaccordance with the provisions of Chapter 1 175, Public Acts of 2008.
Item 4. A sum sufficient, not to exceed the available balance in the EnergyEfficient Schools Council Fund, is appropr¡aied from the fund for the purpose of theEnergy Efficient Schools lnitiative in accordance with the provisions of Chapter 1188,Public Acts of 2008.
Item 5. From the appropriations in Seciions 1 and 4 of this act, the sum of$6,800,000 from the Lottery for Education Account is appropriated to the TennesseeStudent Assistance Corporation for the sole purpose of supplementing TennesseeStudent Assistance Awards.
SECTION 53. From the appropriation made in Section 4 of this act, to the Departmentof Commerce and lnsurance, Division of lnsurance, it is ihe legislative inient to recognize baselevel funding of $7,479,700 inthefiscal yearendingJune30,2012. lt isfurtherthelegislativeintent that expenditures in excess of the $7,479,700 base level shall be funded from theincrease in revenues generated by Chapter 333, Public Acts of 2001, which established fundingappropriated to the Division of lnsurance in the fiscal year ending June 30, 2001, as the baselevel.
SECTION 54. There are appropriated ail tax revenues which are allocated by statute in
accordance with the provisions of such statutes. The provisions of this sect¡on shall apply to allstatutes becoming a law prior to July 1,2012.
SECTION 55. Notwithstanding any provision of this aci to the contrary, a directappropriation to a non-governmental agency or ent¡ty shall not be disbursed until the recipienthas filed with the head of the agency through which such disbursement is being made a plan
specifying the proposed use of such funds and the beneÍits anticipated io be derived therefrom.As a prerequisite to the receipt oi such direct appropriation. the recipient shall agree to provide
to the agency head, within ninety (90) days of the close of the fiscal year within which suchdirect appropriation was received, an accounting of the actual expenditure of such fundsincluding a notarized statement that the report is true and correct in all material respects;provided, however, that the head of the agency through which such disbursement is being mademay require, in lieu of the accounting as provided above, an audited financial statement of thenon-governmental agency or entity. A copy of such accouniing or audit, as the case may be,
shall be filed with the Office of the Comptroller of the Treasury.
SECTION 56.
Item 1. The provisions of this item shall take effect upon becoming law, the publicwelfare requiring it.
(a) ln the fiscal years ending June 30, 2011, and June 30' 2012, theunexpended balances of health care safety net appropriations, including ProjectDiabetes, in Public Acts of 2005, Chapter 503, and in Publìc Acts of 2006,Chapter 963, and in Public Acts of 2007, Chapter 603, and in the Public Acts of2008, Chapter 1203, and in Public Acts of 2009, Chapter 554, and in Public Acts
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of 2010, Chapier 1108, and in this act may be carried íorward and hereby arereappropriated for expenditure in the succeeding fiscal year, subject to approvalof the Commissioner of Finance and Administration. Provided, however, thatpayroll savings from Department of Health positions established for the healthcare safety net shall revert to the general fund.
(b) From the health care safety net reserves carrieci forward at June 30,2011, the Commissioner of Finance and Administration is authorized to transferfunds between health care safety net programs and to Cover Tennessee HealthCare Programs.
Item 2. All appropriations in this act for the AccessTN may be used for matchingfederal funds available, through waiver or otherwise, for expanding premium assistance,subject to the approval of the Commissioner of Finance and Administration.
Item 3. ln addition to the appropriations elsewhere in this act, sums sufficienthereby are appropriated to the appropriate programs from the revenues and reserves ofCoverTN, AccessTN, CoverRx, CoverKids, Project Diabetes, and health care safety netprograms.
SECTION 57.
Item 1. The departmental revenues appropriated in this act from federaiHomeland Security grant programs are subject to the following provisions:
(a) The allotment of these funds is subject to approval of theCommissioner of Finance and Administration, and the distribution among stateand local agencies shall be subject to approval of or under procedures of thestate Homeland Security Council.
(b) The Commissioner of Finance and Adminlstration is hereby authorizedto reallocate appropriations within the affected state agencies and to reallocateHomeland Security appropriations among ihe affecied agencies for the purposeof providing the required state match to these and other federal HomeiandSecurity and bioterrorism grants; to adjust position authorizations among affecteddepartments, offices, and programs for that purpose; and to adjust federal andother departmental revenue est¡mates accordingly. The commissioner shall fileany such reallocations or adjustments with the Fiscal Review Committee and theOffice of Legislative Budget Analysis.
Item 2. There are appropriated sums sufficient to the Office oi Homeland Securityfrom federal grant funds and to other agencies of state government receiving HomelandSecurity federal grant funds.
Item 3. ln the fiscal year ending June 30, 2012, any unexpended stateappropriations made for Homeland Security purposes may be reserved to be carriedforward to the next fiscal year. Said reserve is subject to the availability of revenue anci
to the approval of the Commissioner of Finance and Administration.
Item 4. The appropriation made in Section 1, Tltle lll22, ltem 7, MiscellaneousAppropriations, for Homeland Security Emergency Fund shall not revert to the generalfund balance at June 30,2012.
SECTION 58. The provisions of this section shall take effeci upon becoming a law, thepublic welfare requiring it.
Item 1. Pursuant to Chapter 531, Public Acts of 2009, it is ihe legislative intent toreallocate to the general fund portions of certain dedicated revenues in the fiscal year2011-2012. The dedicated revenues and the amounts reallocated to the general fundare'.
General Fund(a) Environment and Conservation - Environmenial Assurance Fee
(Underground Storage Tanks)........... $ 3,000,000
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(b) Environment and Conservation - Solid Waste 901 Tipping Fee... 2,600,000Total General Fund............. $ 5,600,000
Item 2. There are hereby appropriateci sums sufficieni from the TennCarereserve to the TennCare Program to provide for state-match that may be required toreceive federal funds pursuant to the U.S. Economic Recovery Act.
Item 3. There are hereby appropriated sums sufficient from the RevenueFluctuation Reserve to provide for state-match that may be required to receive federalfunds pursuant to the U.S. Economic Recovery Aci in state programs, excluding theTennCare Program.
Item 4. ln the fiscal year ending June 30, 2011, any unexpended appropriationsof U.S. Economic Recovery Act Funds made in this act are hereby reappropriated to beexpended in the 201 1-2012 fiscal year and such appropriations shail be carried in areserve into the fiscal year beginning July 1, 20'î 1. This appropriation and carry-forwardis subject to approval by the Commissioner of Finance and Adminisiration.
SECTION 59.
Item 1. From the appropriation made in Section 1, Title lll-32, ltem 4, of Chapter1108, Public Acts of 2010, to the Department of lntellectual and DevelopmentalDisabilities, to provide alternative residential settings for clients and plan for the future,the Commissioner of Finance and Administration is auihorized to transier sums sufficientto the general fund to provide for other transitional costs.
SECTION 60. The provisions of this section shall take effect upon becoming a law, thepublic welfare requiring it. From the appropriations in Public Acts of 2008, Chapter 1203, in
Public Acts of 2009, Chapter 554, in Public Acts of 2010, Chapter 1 108 in Section 1, Title lll22,Item 25, and in Section 1, Title lll22, ltem 27 of this act, a sum sufficient is appropriated to funda severance plan to be used in conjunction with the base budgei personnel reductions requiredby this act.
The severance benefit plan shall consist of:
(1) a base payment of $3,200
(2) college tuition assistance for 2 years to be capped ai the average of thehighest four-year public Tennessee college undergraduate level; provided, however, thatsuch assisiance shall only be provided for periods of actual attendance within a period oftime to be determined by the Commissioner of Finance and Administration.
SECTION 61 . The provisions of this section shall take effect upon becoming a law, thepublic welfare requiring it.
Item 1. lt is the legislative intent to fulfill the esseniial function and constitutionalresponsibility of state government to orderly close fiscal year 2010-2011 . Pursuant to theplan for fiscal year 2010-2Q1'1 listed on page A-1 0 of the 2011-2012 Budget Document, iiis recognized that certain appropriations made under the provisions of Chapter 1'108,
Public Acts of 2010, require reduction to achieve the plan for closing savings in the listedcategories of (a) additional reversion $22,200,000; (b) reversion - state agencies -claims premium $3,400,000; and (c) reversion - higher education - claims premiurn
$700,000. The Commissioner of Finance and Administration is authorized to reduceappropriations as required.
Item 2. lt is the legislative intent to recognize in the fiscal year 2011-2012 lhalcertain appropriations made under this act require reduction to achieve the over-appropriation savings in the net amount of $2,500,000 listed on page A-43 of the 2011-2012 Budget Document. The Commissioner of Finance and Administration is authorizedto reduce appropriations made in this act in the net arnount of $2,500,000 as required toachieve the base budget adjustments and recjuctions savings, for (a) Human Resourcesconversion to internal services fund $'l ,500,000 and (b) state agencies - claims p:'emium
$1,000,000.
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SECTION 62. From the aopropriations in Section 1, Title lil-26, the following non-recurring amounts are appropriated to the TennCare Program in order to restore in the fiscalyear beginning July 1,2011, certain recurring reductions made in fiscal year 2009-2010 andfiscal year 2010-2011, referenced on pages A-39 through 41 of the 2011-2012 BudgetDocument and for other purposes identified in this section. The reductions restored areidentified by reference to reduction items stated in Volume 2, Base Budget Reductions, of the2009-201 0 and 2010-201'1 Budget Documents.
Item 1.
(a) lf Senate Bill No. 483/House Bill No. 738, the annual coverageassessment acl of 2011, becomes a law, there hereby is appropriated from theappropriations in Sectlon 1, Title lf l-26 of ihis act, the sum of $449,800,000 (non-recurring) to the TennCare Program for the following purposes, and theCommissioner of Finance and Administration is authorized to adjust federal andother departmental revenue accordingly; provided, however, that if the federalgovernment disallows the coverage assessment as a valid source to matchfederal Medicaid funds, the appropriations in this ltem 1(a) shall be null and void,and the appropriations in Section 1, Title lll-26 shall be reduced accordingly. lfSenate Bill No. 483/House Bill No. 738 does not become a law, theappropriations in Section 1, Title lll-26 of this act, are hereby reduced in theamount of $449, 800,000.
ReductionNumber Description Amount
(¡) FY 2009-2010 Base Reductions Restored:I Medically Needy Category
12 Essential Access Hospital Payments......13 Graduate Medical Education15 Critical Access Hospital Payments20 Medicare Part A Reimbursement.........23 Provider Reimbursement and Co-Pay
(ii) FY 2010-2011 Base Reductions Restored:'10 HospitalReimbursementCeiling
Subtotal
16 ln-Patient Services17 Lab and X-Ray Procedures18 Therapies19 Out-PatientServices24 Office Visits
(iii) Other Appropriations:Disproportionate Share Hospital Payments ............ $Add'l Cost-Based Reimbursement for Critical AccessHospital Payments - Unreimbursed Costs
Subtotal
Subtotal
11,05'1,00033,7ô7,00016,883,5003,376,700
12,A04,30062.848.200
139.930,700
22,477,20045,734,50027,274,6004,483,404
10,321,50014,349.700
124.640,904
27,359,0006,000,000
151 .869.400185.228.400
(b) There is further appropriated to the TennCare Program, in addition tothe appropriation in this item in (a)(iii), Other Appropriations, Hospital Payments -Unreimbursed Costs, a sum sufficient from any amount in excess of$449,800,000 collected from the coverage assessment for the purpose ofhospital payments for unreimbursed costs.
(c) To the extent that revenue collected from the coverage assessment is
less than $449,800,000, the appropriation in this item in (a)(iii), OtherAppropriations, Hospital Payments - Unreimbursed Costs, hereby is reduced in
the amount of the undercollection.
Total
.s
$ 449-8!!300
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(d) From the funds available in TennCare maintenance of coverage trustfund at June 30, 201'1 , there hereby is appropriated to the TennCare program asum suffìcient for the purposes authorized in law. The Commissioner of Financeand Administration is authorized to adjust federal and other departmentalrevenue accordingly. The allotment of funds under this item is subject toapproval of the Commissioner of Finance and Administration.
SECTION 63. In addition to the appropriations in Sections 1 and 4 of this act, thefollowing amounts hereby are appropriated, and such additional or lesser amounts indicated infiscal notes on cited legislation hereby are appropriated, forthe purpose of funding the costs ofimplementing the cited legislation. The Comrnissioner of Finance and Administration isauthorized to allocate the appropriations to the appropriate organizational uniis and to adjustfederal and other deparimental revenues and authorized positions accordingly. Theappropriation in each item of ihis section is subject to the bill cited in that item becoming a law,except as othen¡rise provided.
SECTION 64. To the extent permissible under federal law, upon completion of alltransportalion projects funded by federal transportation grants provided under U.S. Public Law111-5, American Recovery and Reinvestment Act, the combined unexpended balance of thefederal funds for all such projects shali be reserveci for bridge repair and replacement, and suchfunds are hereby appropriateci. ln addition, any federai transportation grants arising from anysubsequent and similar U.S. economic recovery act shall be appropriated and used for bridgerepair and replacement, to the extent permissible under federal law. Provided, further, io theextent permissible under federal law, any such appropriation or reappropriation shall be used inlieu of bonds to fund projects funded by the bonds authorized in Chapter 552, Public Acts of2009, and in Chapter 1109, Public Acts of 2010, and the State Funding Board is direcied tocancel bonds in permissible amounts.
SECTION 65. Oiher provisions of this aci to the contrary notwithstanding, the GeneralAssembly recognizes that extraordinary actions by the Commissioner of Finance andAdministration may be required to achieve the over-appropriation level provided herein, tomanage the base budget reductions reflected in this aci, and to fulfill the constiiutional duty ofstate government to orderly close fiscal year 2011-2A12. it, iherefore, is ihe legislative intentthat the Commissioner of Finance and Adminisiration be authorized to defer and reduceexpenditures and otherwise effect savings of funds appropriated herein; provided, however, thatthe authority granted by this section shall be exercised only insofar as permitted by law and inaccordance with applicable law and in accordance with the provisions of Section 24 andprovided, further, that the authority granted by this section shall not extend to appropriationsmade under Section 1, Titles land ll herein.
SECTION 66. lt is hereby recognized that the provisions of Senate Bill No. 6/House BillNo. 2, or, alternatively, the provisions of Senate Bill No. 24lHouse Bill No. 6, concerning refundsof state and local sales taxes on the retail sale of certain items of tangible personal properiywhen sold to a natural person who has received disaster assistance through FÊMA will result in
a revenue loss exceeding $7,400,000, if either bill containing such provisions becomes a law.
SECTION 67. The appropriation in Section'1 , Title lll-9, item 2.1(c), Basic EducationProgram (BEP), is reduced by $15,200,000, for the following purposes:
(a) BEP Growth Fund - Reduced by $4,700,000, which is an excess amountbased on a revised, fully-funded estimate of $31,000,000.
(b) BEP Program lmprovement - Reduced by $4,800,000 io a revisedimprovement esiimate of $48,700,000, which reflects reviseci average daily membershipstudent estimates.
(c) BEP Group Health lnsurance - January 1,2A12 - Reduced by $5,700'000 todelete the improvement, which reflects a revised projection of no premiums increaserequired.
SECTION 68.
Item 1. The appropriation made to the Comptroller of the Treasury,Telecommunications Ad Valorem Tax Equity Payments, in Seciion 1 of this act is
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reduced by the sum of $7,327,800. lt is further ihe legislative intent to recognize asavings of $7,327,800 in expenditures from the appropriation in the fiscal year endingJune 30, 201 1.
Item 2. The appropriation made to the Department of Economic and CommunityDevelopment, FastTrack lnfrastructure and Job Training Assistance, in Section 1 of thisact is reduced by the sum of $544,500 (non-recurring), reducing the programimprovement for the Jobs Package.
Item 3.
(a) The appropriaiion made to the Department of Economic andCommunity Development, in Section 1 of this act for the Local Planning Divisionis increased by the net sum of $11,300 which includes a reduction of $2,088,700(recurring), an increase of $1 ,,100,000 (non-recurring) and an increase of$'l ,000,000 (non-recurring) for transition grants to local governmeñts.
(b) The appropriation made to the Department of Economic andCommunity Development, in Section '1 of this act Íor regional strategic planningfor economic development is increased by $745,000 (recurring).
(c) The appropriation made to Miscellaneous Appropriations, in Section 1
of this act for severance benefits is increased by $300,000 (non-recurring)relative to local planning.
liem 4. The appropriation made to Miscellaneous Appropriaiions in Section '1 ,
Iltle lll22, ltem 26, Legislative initiatives, of this act is rncreased by the surn of $900,000(recurring) and reduced by the sum of $2,000,000 (non-recurring).
Item 5. The appropriation made in Seciion 'l , Title tll-31, to the State FundingBoard for first year's debt service on a $36,000,000 bond authorization for an economicdevelopment project is reduced by $4,000,000 and the appropriation made in Section 1,
Title lll-32, ltem 1, to the Department of Economic and Community Developmeni forcapital outlay for an economic development project is reduced by $4,000,000 (non-recurring) for the purpose of deleting the project.
Item 6.
(a) From the funds appropriated to the Depariment of Transportation,there is earmarked a sum sufficient for ihe sole purpose of implementing SenateB¡ll 35 / House Bill 55, Senate Bill 3ô5 / House Bill 546, Senate Bill 21 / HouseB¡ll 10, Senate B¡ll 2068 / House Bil2117, Senate Bill 2069 i House Btll 2118,Senate Bill 650 / House B¡ll 12'10, Senaie Bil 2A77 / House B¡ll 2l 16, Senate Bill813 / House Bill 485, Senate B¡ll 814 / House Bill 486, House Joint Resolution179, and House Joint Resolution 198, if such bills and resolutions become law.
(b) From the funds appropriaied to ihe Department of Transportation,there is earmarked a sum sufficieni for the sole purpose of funding memorialdesignations of highways and bridges for certain individuals killed in the line ofduty authorized in Section 1 of Senate Bill 672 / House Bill 914, if such billbecomes law.
(c) From the funds appropriated to ihe Department of Transportation,there is earmarked a sum sufficient for the sole purpose of funding any generalbill or resolution, that becomes law, designating an interstate, United Stateshighway or state highway as a memorial highway or as a memorial bridge forcertain individuals killed in the line of duty, pursuant to $ 54-1-133 or $ 54-5-1003, that is not othen¡¡ise ft;nded in this act.
Item 7. From funds appropriated to the Department of Transportation, there is
earmarked the sum of 91 ,300 for the sole purpose of implementing Senate Búl 944 IHouse Bill 1023, relative to the des¡gnation of the l-26 welcorne center in Unicoí County,if such bill becomes law.
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Item L From funds appropriated to the Depariment of Safety, there is earmarkedthe sum of $500 for the sole purpose of irnplementing Senate B¡ll 409 / Hor,¡se Bill 865,relative to badge and weapon retention by ceriain Tennessee Highway Patrol officers, ifsuch bill becomes law.
Item 9. From funds available io the Registry of Election Finance, there isappropriated a sum sufficient for the sole purpose of implementing Senaie B¡ll 1915 /House Bill 1003, relative to campaign fìnance, if such bill becomes law.
Item 10. From the Employee Misclassification and Enforcement Fund, there isappropriated a sum sufficient for the sole purpose of implementing Senate Bill 1550 /House Bill 2030, relative to workers' compensation, if such bill becomes law.
Item 11. From the funds appropriaied to the Secretary of State, there isearmarked a sum sufficient for the sole purpose of implementing House Joint ResolutionNo. 231, relative to a constitutional amendment to prohibit taxation upon payroll orearned personal income, if such resolution becomes law.
Item 12. From the funds appropriated to the Secretary of State, there isearmarked a sum sufficient for the sole purpose of funding any joint resolution calling foran amendment to the Tennessee constitution which is not otherwise funded in ihis act.
Item 13. From the funds appropriated to ihe Tennessee Bureau of lnvestigation,there is appropriated a sum sufficient for the sole purpose of implementing Senate Bill605 / House Bill 172, relative to a human trafficking hotline, if such bill becomes law.
Item 14. From the Unemployment lnsurance Fund, there is appropriated a sumsufficient for the sole purpose of implementing Senaie Bill 40 / House Bill 205, relaiive tounemployment compensation, if such bill becomes law.
Item '15. The appropriation made to Miscellaneous Appropriations by theprovisions of this act is reduced by the sum of $85,000 (recurring). Such fundingreduction is for the purpose of reducing pension paymenis to former public ofíicials.
Item '16. lt is the legislative intent that the appropriation made to the TreasuryDepartment in Section 1 for the Baccaiaureate Educaiion Sysiem Trust may be availablefor college savings incentive initíatives and a college savings pian.
Item 17. From the funds appropriated to the Department of Education, there is
earmarked the sum of $250,000 for the sole purpose of funding the Tennessee AñsAcademy.
Item '18. Notwithstanciing any provision of this act to the contrary, the sum of$200,000 shall not be earmarked on a recurring basis from funds appropriated in Section'1 , Title lll-'10 to the University of Tennessee System/Agricultural Experiment Station foroperational expenses of the Ames Plantation. The removal of such earmark shall notresult in a reduction in funding to the University of Tennessee System. lt is the intent ofthe general assembly to only remove the recurring requirement to fund such operationalexpenses.
Item 19. From the appropriations made in this act, the department of hurnanservices is directed to study benefit expenditures by Tennesseans that occur outside ofthe state and report to the General Assembly no later than October 1, 2011.
Item 20. From the appropriations made in this act, the commissioner of Financeand Administration, with the assistance of the Depariment of Human Resources, isdirected to study the use of flexibly staffed positions, certain retired members of theTCRS for 120-day positions and position overlaps for state employee positions to assesssuch positions' utilizaiion, cost and aciual benefit to the state. The resulis of such studyshall be reported to the chairs of the finance, ways anC means committees of bothHouses no laterthan October 1,2011.
Item 21. From the appropr¡at¡ons made in this act, the Department of Financeand Administration is directed to reexamine the methodology and policy in determinìng
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the overappropriation amounts for state entities to properly align such overappropriationamounts to better reflect actual staffing needs and avoid the practice of forced vacanciesand programmatic holdbacks in subsequent budget proposals.
llem 22. From the appropriations made in this act, the state funding board, withthe assistance of any state departrnent upon request, is directed to study the purposeand need for funding the curreni programs funded from a poriion of the real estatetransfertax in $ 67-4409 taking into consideration possible options to recommend thebest methods of preserving, maintaining and improving state resources.
Item 23. From the appropriations made in this act, the commissioner of Revenue,with the assistance of the Department of Finance and Administration and theComptroller of the Treasury, is directed to study viable options for permanent tax relief toprovide assistance to victims of natural disasters across the state. The results of suchstudy, including recommended legislation, shall be reported to the chairs of the finance,ways and means committees of both Houses no iater than December 1,2011.
SECTION 69. ln addition to the appropriations in Section 1, Title lll-26, the followingamounts are appropriated to the TennCare program in order to restore in the fiscal yearbeginning July 1,2011, certain recurring reductions made in fiscal years 2009-2010 and 2010-2Q11 and recommended in the fiscal year 2Q11-2012 Budget Document and for other purposesidentified in this section.
Item 1. Recurring Appropriations from General Fund. There hereby isappropriated $16,612,300 from state funds and $32,584,700 from federal aid for thepurpose of restoring the following budget reductions on a recurring basis.
State FederalMental Health Providers 8.5% Rate Reduction $ 8,535,600 $ 16,742,500Meharry Medical College Grant 3,376,700 6,623,300lntellectual and Developmental Disabilities Dept.-
Restore Residential Rates (3.6% average) 4.700.C00 9.2'18.900
Total $ 16.612.300 $32.584.700
Item 2. Contingency Appropriations.
(a) The provisions of this item are contingent upon determination by theCommissioner of Finance and Administration that a U.S. public law, rule, orpolicy provides additional federal aid, a federal credit or revenue to ihe state fromthe federal government that recognizes certain costs of the Medicaid andTennCare program in previous years that should have been costs of the federalMedicare program, such costs being known as special disabiliiy workload.Before establishing the contingency appropriations made in this item, thecommissioner in writing shall notify the Speakers of the Senate and House ofRepresentatives and the Chairs of ihe Finance, Ways and Means committees ofthe Senate and House of Representatives, the Director of the Office ofLegislative Budget Analysis, and the Executive Director of the Fiscal ReviewCommittee.
(b) Contingent upon the availability of such federal revenue, theCommissioner of Finance and Administration is authorized to reduce theTennCare appropriation made in Seciion 1 of this act, to increase the estimate offederal aid io the TennCare program made ¡n Section 4 of ihis act, to establishthe following non-recurring appropriations, to allocate the appropriations to theappropriate organizational units and agencies, and to adjust federal aid and otherdepartmental revenues accordingly. The commissioner !s further authorized toadjust appropriations and federal revenue estimates in this item to reflect theproper accounting for the method by which such contingency revenue or credit is
received by the state.
The appropriation to the TennCare program in Section 1, Titie 11126, ofthis act is reduced by $82,700,000 (non-recurring reduction) or, alternatively, is
reduced by such lower amount of such federal revenue as may be actuaily
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provided to the Siate of Tennessee, and in addition to the appropriation of federalaid to the TennCare program in Section 4, Titie lll-25, there hereby isappropriated the sum of $82,70C,000 (non-recurring) or, alternatively, there isappropriated a sum equal to such lower amount of such fecieral aid revenue asmay be actually provided to the State of Tennessee, from federal aid revenue, forthe following purposes:
(i) Base Budget Restoration and Supplemental Hospital Payments(Non-Recurring).
State FederalMeharry Medical College Grant $ 2,500,000 $Hospitals Supplemental Payments 5,000,000C-Sectlon Reduction-lncrease Normal
Birthing Rates by 17% 5,61 6,700 1 '1 ,01 7,000Emergency Room Physician Reimbursemeni 2.494.000 4.892,000
Sub-Total (i) $ '15,610.700 $ 15.909,000
It is the legislative intent that ihe appropriation for statesupplemental hospital grant in this sub-item (i) address the needs ofhospitals that experience high charity-care expenses for servicesprovided in their communities.
(ii) Other Base Budget Restorations (Non-Recurr!ng):
Nursing Homes Rale 4.25To I 15,719,100 $ 30,832,600Managed Care Organizations Adminisirative
Rates 4.25% 4,78õ,7A0 9,389,100TranspoÉation Providers Rate 4.25Vo 1 ,121 ,500 2,1 99,800Lab and X-ray Services Rate 4.25% 3,352,500 6,575,900Dental Services Rate 4.25% 2,100,200 4,1 19,600ICF-MR Providers Rale 4.25o/o 'l ,435,100 2,814,900PACE (Program of All-lnclusive Care of
the Elderly) Rate 4.25o/o 161 ,400 3'16,500Home Health Providers Rale 4.25o/o 3,405,800 6,680,500Non-Emergency Transportation Services -
$2 Co-Payments Non-Emergency 1,293,000 2,536.300
Sub-Total(ii) $ 33,375,300 $65,465,200
(¡ii) Appropriation to Reserve for 2012-2013 TennOareAppropriations. There hereby is appropriated to the TennCare programthe followìng amount that shall be reserved for 2Q12-2C13 TennCareappropriations.
Reservefor2}l2-20l3TennCareAppropriations 33,714,000 -------i:-TotalAppropriations $---82J00J00 Sß1-374,200
Provided that, if ihe availability of the additional federal revenue isless than $82,700,000, the state appropriations and reserve specified in
this section from the coniingency source shall be reduced on a pro-!'atabasis. ln the event that the state does not receive the contingencyrevenue or the event of such pro-rata reduction from the contingencysource, there hereby is appropriated from the general fund a sumsufficient to fund the programs specified in sub-item (i) in amountsappropriated in sub-item (i). ln the event that the state does not receivethe contingency revenue, there is appropriated from the reserve forrevenue fluctuations (rainy day fund) a sum sufficient not to exceed one-half the amounts appropriated in sub-item (ii) for the purpose of delayinguniil January 1,2012, ihe reductions that otheruvise would take effeci onJuly 1,2011 , in the programs specified in sub-item (ii).
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Provided, further, thai, if the availability of ihe additìonal federalrevenue is greater than $82,700,000, the amount in excess of$82,700,000 hereby is appropriated to the reserve for 2012-2013TennCare Appropriations.
SECTION 70. Reserve 'for 2012-2013 Appropriations for Higher Education andEconomic and Community Developmeni Capital Outlay. lf the contingent federal revenueprovided in Section 69 is available to the TennCare program, there hereby is designated fromnon-recurring general fund revenues an amount of $'15,90C,000 to be reserved for 2012-2013appropriations for higher education and economic and community development capiial outlay.Such amount shall be pro-rated to a lower amount according to the pro-ration required inSection 69, ltem 2. Provided ihai, if no contingeni federal revenue is available under theprovisions of Section 69, ltem 2, an amount of $300,000 hereby is designated from non-recurring general fund revenue to be reservedtor 2Q12-2A13 higher education and economicand community development capital outlay.
SECïION 71. The provisions of this section shall iake effect upon becoming law, thepublic welfare requiring it. The provisions of this section are for the purpose of and limited toproviding sufficient funds for disaster recovery from the 2011 floods, tornados, and other stormdamage in Tennessee, including use for public infrastruciure capital outlay, operating expenses,and disaster relief in aid of locâl gove!'nments and other public agencies and to match federaldisaster relief funds. The unexpended balances of any appropriations made in this section ortransferred pursuant to this section may be carried forward at June 30, 2011, and June 30,2012, subject to the approval of the Commissioner of Finance and Administration, and herebyare appropriated for expenditure in the fiscal year beginning July 1,201'1 . The Commissioner ofFinance and Administration is authorized io adjust estimates of federal aid and otherdepartmental revenue for disaster recovery.
Item 1. From the appropriations to the Miscellaneous Appropriations forhomeland security in Public Acts of 2010, Chapter 1108, Section 1, Title lll-22, and inthis act in Section 1, Title lll-22, the Commissioner of Finance and Administration maytransfer funds to other programs and state agencies for disaster recovery and transferunexpended balances of such transferred funds back to the homeland security item, ifhe deems it appropriate.
Item 2. From the reserye for homeland security carried forward in iheMiscellaneous Appropriations at June 30, 2010, and auihorized to be carried forward atJune 30, 2011,hhe Commissioner of Finance and Administration may transfer funds ioother programs and state agencies for purposes of disaster recovery and transferunexpended balances of such transferred funds back to the homeland security reserye,if he deems it appropriate.
Item 3. For the purposes of disaster recovery, the Commissioner of Finance andAdminisiration is authorized to transfei' appropriations between general fund programswithin any state agency and, upon the request of the Co¡'nmissioner of Transportation,within programs in the transportation fund, except as prohibited by law, and to adjustfederal aid and other deparimental revenue accordingly. This item shall not constituteauthority io transfer appropriations between state agencies, excepi as otherwiseprovided by this act or other law.
Item 4. ln addition to the appropriations in Public Acis of 2010, Chapter 1108,and in this aci, there hereby is appropriated a sum sufficient for expenses of disasterrecovery.
SECTION 72. ln the year beginning July 1,20f i, in addition to the appropriations in
Section 1 of this act, the following amounts are appropriaied, and the Commissioner of F¡nanceand Administration is auihorized to adjusi federal ald and other departmental revenues andposition authorizations accordingly:
Item 1. To TennCare for perinatal grants to five teaching hospitals, the sum of$1,'100,000 (non-recurring) to be nratched by $1,100,000.
Item 2. To TennCare for the smoking cessation program, the sum oi $3,500,000(recurring) to match a federal aid increase of $6,865,100.
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Item 3. To the State Treasurer for college savings incentÍve initiatives and acollege savings plan, the sum of $500,000 (non-recurning).
Item 4. To the Department of Veterans Affairs for the Knoxville cemetery andother cemetery costs, four (4) fuli{ime positions and the sum of $480,000 fromdepartmental revenue.
Item 5. To the Department of Tourist Development for a grant to the NationalCouncil for the Traditional Arts to support the National Folk Festival in September 201'1at Nashville, the sum of $50,000 (non-recurring) for year one (1) of three (3)appropriations.
Item 6. To ihe Department of Environment and Conservation for a grant to theChickasaw Basin Authority, the sum of $100,000 (non-recurring).
Item 7. To the Department of Environment and Conservation for the WestTennessee River Basin Authority, the sum of $100,000 (non-recurring) for operationalcosts.
Item 8. To the Department of Environment and Conservation there is herebyappropriated the sum of $6,280,000 from revenues available to ihe EnvironmentalProtection Fund pursuant to Tennessee Code Annotated, Title 68, Chapter 203, fromfunds paid by the Tennessee Valley Authority (TVA) pursuant to a Consent Decreeregarding air emissions in Tennessee. Departmental revenues shali be adjustedaccordingly. These funds shall be exempt from and shall not be considered in thecalculations required by $ 68-203-104(b), (c), or (d). This appropriation shall becontingent on final approval by the court of the existing Consent Decree. Of the iotalappropriation made by this section, the sunn of $5,280,000 shall be available for thepurpose of funding energy conservation, alternative energy and/or pollution preventionprojects and any other projects authorized by the Consent Decree.
Item 9. To the Wildlife Resources Agency for a 1.60/o raise pursuani to the salarysurvey, the sum of $460,100 (recurring) from dedicated funds.
Item 10. To the Department of Economic and Community Development for theSouthern Legislative Conference 2011 al Memphis, the sum of $200,000 (non-recurring).
Item 11. To the Board of Regents for the purpose of allocating such sum to theUniversity of Memphis to operate a higher education enterprise in Jackson, Tennessee,using the Lambuth campus, the surn of $5,000,000 (non-recurring) from the RevenueFluctuation Reserve (Rainy Day Fund) and intended as year one (1) of four (4)
appropriations of declining amounts, to be available under the following conditions:
(a) lt is the legislative intent that the staff of the Tennessee HigherEducation Commission shall, in coordination with the Board of Regents, theUniversity of Memphis, and other relevant entities, and in accordance with $ 49-7-202(c)(10), conduct a study io determine ihe feasibility of the state obtainingthe facilities, property and assets of Lambuth University. The review shallinclude, but not be limited to, ihe condition and value of physical structures andreal property, value of other asseis and the debt obligations of LambuthUniversity. The review shall also include an evaluation of the extent that thecampus could be utilized to provide postseconciary ìnstruction by one (f ) or morepublic institutions of higher education. No laier than August 1, 2A11, lheTennessee Higher Education Commission shall report its findings to theGovernor, Commissioner of Finance and Administration, and the Chairs of theSenate and House Education and Finance, Ways and Means committees. Suchfindings shall include a recommendation as to the feasibility of obtaining iheassets of Lambuth University, any preconditions that should be met prior to thestate obtaining the campus, and specific recommendations on academicprograms or coursework that one or more public institutions of higher educationwould provide at the campus. Should the report recommend that the assets ofLambuth University be obtained by the state, the appropriate governing board
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shall take action pursuant to its by-laws to adopt the report and commit tofulfilling any conditions outlined in the commission's recommendation. Thetransaction will not become final unless and until the conditions have been metby the appropriate governing board and/or instituiion, ihe state buildingcommission approves the acquisition of any real property, and the speakers ofboth the Senate and House of Representatives approve a budget expansionacknowledging the funding sufficient to pay for the transaction.
(b) The funds appropriated in this item shall be used to subsidizeoperational costs of the Lambuth campus, it being the legislative intent that thesestate funds be used as an initial sum to begin transitioning such campus from aseparate funding unit of higher education under the leadership of the Universityof Memphis into a regular operating unit of the University of Memphis over aperiod of five (5) years. Funds appropriated within this item shall be used foroperating rather than capital purposes. The allotment of funds appropriated bythis item shall be subject to approval of the Commissioner of Finance andAdministration afte¡'the requirements of paragraph (a) of this ¡tem are fulfilledand upon certification by the Chancellor that: (a) an operating budget foractivities on the Lambuth Carnpus has been developed by the University ofMemphis and approved by the Board of Regents; (b) funds authorized by iheState hereunder will not be used for capital purposes; (c) ihe facilities to be usedare made available to the University of Memphis in good serviceable order,without the need for capital maintenance at the time made available, and freeand clear from all liens and encumbrances; and, (d) all outstanding debt ofLambuth University has been paid off frcm non-state sources. No later thanJanuary 15, 2012, the Chancellor and President of the University of Memphisshall submit a report to the Governor, Commissioner of Finance andAdministration, and Chairs of the Senate and House Education and Finance,Ways, and Means committees summarizing activities, progress, and plansrelated to accomplishing the legislative intent of this item and accounting for theuse of the funds appropriated hereunder and any remaining balance of suchfunds.
Item 12. To UT Martin for the Parsons Center, the sum of $80,000 (recurring) forthe purpose of making a grant of $200,000 (recurring) to the Parsons-Decaiur CountyHigher Education Foundation, to be supplemented by institutional funds and interestearnings reserved from appropriations made in previous years for the Parsons Center.The University of Tennessee is expressly authorized to transfer the funds appropriatedto and received by the university for the UT Martin, Parsons Center, prior to fisca! year2011-2012 and all interest earned thereon to the Parsons-Decatur County HigherEducation Foundation.
Item 13. To the Department of Mental Health, the sum oÍ $1,900,000 (recurring),for the sole purpose of making grants from such amount to private hospitais receivingfunding prior to November 2008 for inpatient psychiatric treatment of uninsuredcommitted patients, to be used for continued funding of such inpatient psychiatrictreatment of uninsured committed patients.
Item 14. To the Depadment of Health for year six of the Meharry WellnessProgram, the sum of $1,000,000 (non-recuri'ing).
Item 15. To the Department of Health for a grant to ihe Sickle Cell Foundation ofTennessee, the sum of $75,000 (non-recurring)
Item 16. To the departments of Safety and Commerce and lnsurance for a 1.60/o
raise pursuant to the salary survey, the sum of $822,700 (recurring) and $1,600 fromdedicated funds.
lfem 17. To Miscellaneous Appropriations for an additional capital carnpaigncontribution grant to the National Civil Rights Museum in Memphis, the sum of$2,500,000 (non-recurring); provided that $50,000 of such grant shal! be earmarked forthe support of the Alex Haley House and Museurn in Henning.
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Item'18. To Miscellaneous Appropriations a sum sufficient, estimated io be$5,000,000, for the March 2012 presidential preference primary and as provided inTen nessee Code Annotaied, Section 2-1 2-209(d).
Item 19. To the Debt Service Fund the sum of $i6,500,000 (recurring) to providefirst year's debt service on a $150.000,000 bond authorlzation for a capital outlay grantto the lndustrial Development Board oi the County of Montgomery for the HemlockSemiconductor, L.L.C. Project. This appropriation is subject to Senate Btll 2117 / HouseBill 2158 becoming a law.
Item 20. To the Department of Finance and Administration for a comprehensive,statewide capital improvements rnaster plan, to be developed as follows, the sum oí$500,000 (non-recurring) and $500,000 from the Facilities Revolving Fund (FRF):
(a) lt is the legislative intent that the Cornmissioner of Finance andAdministration, in consultation with a task force that he shall appoint, develop acomprehensive, statewide capital improvements master plan that encompassesthe needs of state facilities and programs throughout Tennessee, includingfacilities managed in the state office buildings and support facilities revolvingfund, other state facilities and properties, and the facilities and properties of theUniversity of Tennessee and the State University and Community CollegeSystem. The plan should assess current facilities, including capital maintenanceand renovation; the need for addiiional or expanded facilities to accommodatestate programs and service delivery; efiiciencies that may be achieved byconsolidation of facilities, and the potential use or disposition of any propertiesthat may be surplus or available to the state. The plan should include site andfacilities analysis, review of existing space uses, and future needs. ln therecommendations, the plan also shall include a timetable of priority listings ofcapital improvement and capiial maintenance projects for fiscal year 2013-2014and for the four (4) subsequeni fiscal years and priority listings for capitalimprovements and capital maintenance for the longer range. The plan shouldexplain the general bases of facilities assessment and for setting of priorities.
(b) The higher education component of the master plan shall bedeveloped by the Tennessee Higher Education Commission, in consultation withthe University of Tennessee and the Staie University and Community CollegeSystem and shall be integrated inio the comprehensive, statewide master plan bythe task force and the commissioner. The commissioner shall submit to theGovernor and the State Building Commisslon by June 30, 2012, thecomprehensive capital improvements master plan.
(c) The commissioner, or in his absence his designee, shall chair the taskforce. The commissioner, in consultation w¡th affected department heads, mayappoint such task force members as he deems appropriate, including staff of theDepartment of Finance and Administration, Department of General Services, andother departments and agencies thai maintain, manage, or operate numerousfacilities or real property; and, in consultation with the President of the Universityof Tennessee, the Chancellor of the State Universiiy and Community CollegeSystem, and the Executive D¡rector of the Tennessee Higher EducationCommission (THEC), siaff representing each of ihe higher education systemsand THEC; and such other persons as the Commissioner of Finance andAdmìnìstration deems appropriate, including pr¡vate sector representatives.
(d) From the appropriation in this item, the commissioner rnay expendfunds for consulting services, task force expenses, and reimbursemeni of traveland lodging expenses of private-sector representatives under the provisions ofthe state comprehensive travel regulations, provided, however, that state agencyand higher education personnel shall be reimbursed for travel expenses by theirown agencies.
Item21. To the Debt Service Fund to provide the íirst year's debt service on a$2,000,000 bond authorization for a veterans home at Clarksville, the sum of $220,000from dedicated revenues. This appropriation is subject to Senate Bil 2094 / House Bill
2135 becoming a law.
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llem 22. To the Department of Finance and Administration for a capital outlaygrant to Carroll County for completion of the Carroll County Lake project - $300,000(non-recurring).
Item 23. From the appropriation in Section 2, ltem 11(b), to the Department ofCorrection for a heating system and water heaters capital outlay projeci at Riverbendprison, the sum of $2,000,000 (non-recurring) is reappropriated frorn the Sentencing Actof 1985 appropriation in Section '1 of this act.
llem 24. ln addition to any other funds appropriated by ihe provísions of this act,there is appropriated the sum of $4,500,000 (non-recurring) to the University ofTennessee for the sole purpose of completing ihe sixth floor of ihe University oÍTennessee Pharmacy Building in Memphis.
Item 25. ln addition to any other funds appropriated by the provisions of this act,there is appropriated for capital outlay the sum of $6 500,000 (non-recurring) to theBoard of Regenis in support of development of the Columbia State Community College -Williamson County campus.
SECTION 73. Legislation. ln addition to the appropriaiions in Section 1 and 4 of thisact, the following amounts hereby are appropriaied, and such additional or lesser amountsindicated in fiscal notes on cited legislation hereby are appropriaied, for the purpose of fundingthe costs of implementing the cited legislation. The Commissioner of Finance andAdministration is authorized to allocate the appropriations to the appropriate organizational unitsand to adjust federal and other ciepartmental revenues and authorized positions accordingly.The appropriation in each item of this section is subject to the bill cited in that item 'oecoming alaw, except as otherwise provided.
Item 1. The appropriation in Section i, Title lll-22, ltem 25, AdministrationLegislation, is reduced $2,000,000, eliminaiing the entire appropriation.
Item 2. To the Department of Revenue a sum sufficient, estimated to be $129,900 (non-recurring), for Senate Bil 267 / House B¡ll 362, relative to sales tax relief forstorm and tornado shelter building suppiies.
Item 3. To the Department of Safety the sum of $2,000 (non-recurring) for SenateBill 343 / House Bill 391, relative to DUI license revocation.
Item 4. The appropriations ìn Section'1 , Title 1, Legislature, are reduced in theamount of $851,800 (recurring) relative to joint oversight committees if Senate Búl 725 /House Bill 1097 becomes a law.
Item 5. To the Department of Children's Services the sum of $13,500 (recurring)and $9,100 from federal revenue for Senate Bil¡ 869 / House B¡ll 687, relative to sexoffender registry.
Item 6. To the Department of Commerce and lnsurance the sum of $1,300(recurring) for Senate Bill 1025 / House Bill 966, relative to surplus lines insurance.
Item 7. To the Departmeni of Correction the sum of $91,200 (recurring) forSenate B¡ll 1265 / House BiÍl 1051, relative to methamphetamine control andincarceration.
Item 8. To the Departmeni of Revenue a sum sufficient, estimated to be
$9,000,000 (non-recurring), for Senate Bill 1518 / House Bill 1995, relative to sales taxrelief for the March through May 20'l '1 storms, tornados, and flood.
Item 9. To the Department of Revenue the sum of $159,200, including $144,400(recurring) and $'14,800 (non-recurring) and two (2) full-time positions for Senate Bill
1518 / House Bill 1995, relative to tax incentives implementatíon costs.
Item 10. To Miscellaneous Appropriations the surn of $500,000 (recurring) forSenate Bill 1523 / House Bill 1989, relative to charier schools.
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Item'1 1. To Higher Education, Lottery for Education Account, the sum of$19,900,000 from dedicated revenues for Senate Bìll 1529 / House Bill 2010, relative tolottery scholarships.
Item 12. To the Department of Commerce and lnsurance the sum of $109,500,including $91,600 (recurring) and $'17,900 (non-recurring), and one (1)fuiltíme positlonfor Senate Bill 1540 / House Bill 2007, relative to captive insurance companies.
Item 13. To the Secretary of State the sum of $7,000 (non-recurring) for SenateBill 1540 / House Bill 2007, relative to captive insurance companies. This appropriaiionis made in addition to amounts in the fiscal note, subject to ihe bill becoming a law.
Item 14. To the Department of Safety the sum of $438,100, including 9422,600(recurring) and $1 5,500 (non-recurring) for Senate Bill '1666 / House Bill 1443, relative tophoto identification for voting.
Item 15. To the Department of Labor and WorKorce Development the sum oi$97,100, including $91,100 (recurring) and $6,000 (non-recurring), two (2) full-timepositions and $10,000 from dedicateci funds for Senate Bill 1669 / House Bill 1378,relative to e-verify enforcement.
SECTION 74. Children's Care Granis. Other provisions of this act to the contrarynotwithstanding, in the year beginning July 1,2011, the Commissioner of Finance andAdministration hereby is authorized to transfer from the appropriations of departmental revenuemade in Section 4 to the Department of Health the amounts appropriated for the followingpurposes, to decrease federal revenue estimates in ihe TennCare program accordingly, and toincrease estimates of federal aid and interdepartmental revenue in the receiving agenciesaccordingly:
Item 1. Centers of Excellence for Children in or at Risk of State Custody in theamount of $3,597,500 to the Department of Children's Services.
Item 2. Personal Responsibility Educaiion in the amount of $506,100 to theDepartment of Children's Services.
Item 3. Early Childhood Advisory Council in the amount of $852,700 to suchagency as may be determined by the Commissioner of Finance and Administration.
SECTION 75. lt is the legislative intent that if funds become avaiiable in the yearbeginning July 1,2011 , the State Building Commission consider approval of a project to acquireproperty or properties for land conservation, to be used for public recreation and other purposesbenefiting the people of Tennessee. The commissioners of Environment and Conservation andof Agriculture and the director of the Wildlife Resources Agency are direcied to report jointiy tothe Commissioner of Finance and Administraiion by October 1,2011, on the availability of anyfunds for the acquisition, on potential state use of the property or properties, and on amanagement plan for the property or properties. The Commissioner of Finance andAdministration shall report to the State Building Commission by November 15,2411 , on theavailability of any such funding sources and on â plan fcr the use and management of theproperty. lf funds are not identified as available by the daies specified above, the namedofficials shall report as directed above at a later date during the fiscal year, if such funds dobecome available. Upon approval of a pian to acquire any such property by the State BuildingCommission, an amount, not to exceed the amounts identified in such plan, is appropriated tothe Commissioner of Finance and Adminisiration for the purposes of expending such amountsto fund such project or projects pursuant to such plan.
SECTION 76. The provisions of this section shall take effect upon becoming a law, thepublic welfare requiring it. lt is the legislative intent to fulfill the essential function andconstitutional responsibility of state government to orderly close fiscal years 2010-2011 and2011-2012. Under g 4-3-1016, as amended by Senate Bill 2091 / House Bill 2138, if such bilibecomes a law, the Commissioner of Finance and Administration is authorized to denycarryforwards for and to transfer funds from the enumerated funds, reserye accounts, orprograms to the state general fund for the sole purpose of meeting ihe requirements of fundingstate government for the fiscal years ending June 30, 201 1 and June 30, 2012, and for that
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purpose such funds hereby are appropriated to the general fund; provided, that theCommissioner of Finance and Administration shall provide written notice of transfers pursuant tothis section to the chairs of the Finance, Ways and Means committees of the Senate and Houseof Representatives at least three (3) business days before any such transfer. Such transfersand carry-forward denials shall be according to the following schedule, to the extent funds areavailable in the reserves and considering the interests of the programs, as determined by theCommissioner of Finance and Administration:
Item 1. From the reserves for unencumbered balance and capital outlay that arenot permanent statutory reseryes, but excluding the TennCare reserye.
Item 2. From the statutory reserves enumerated in $ 4-3-1016, as amended bySenate Bill 2091 / House Bill 2138.
Item 3. From other reserves enumerated in this act and not subjectdetermination by the Commissioner of Finance and Administration, an amount todetermined, subject to approval of the controlling siate officials.
Item 4. From the TennCare reserye.
Item 5. From the reserve for revenue fluctuations established by $ 9- -211.
SECTION 77.
Item 1. ln addition to any other funds appropriated by the provisions of this act,there is appropriated a sum sufficient to the Department of Finance and Administrationfor distribution to the appropriate entities for the sole purpose of implementing SenateB¡ll 541 / House Bill 10'19, Senate Bill 546 / House Bill 719, Senate Bill 1996 / House Bill1716, Senate Bill 664 / House Bill 940, Senate Bill 690 / House Bill 1068, Senate Bill1088 / House Bill 1198, Senate Bill 1100 / House Bili 1886, Senate Bill 633 / House Bill498, Senate B¡ll 69 / House Bill 154, Senate 3il77 lHouse Bill 885, Senate Bil 476 IHouse Bill 375, Senate Bill 1987 / House Bill 1501, Senate Bill 1028 / House Bill 1353,Senate B¡ll 1181 / House Bill 1618, and Senate Bill 64 / House Bill 35, if such billsbecome law. lt is the legislative intent that if funding ìs earmarked for suchimplementation in such bills or resolutions that ihe Íunds appropriated in this ìtem bereduced accordingly.
Item 2. ln addition to any other funds appropriated by the provisions of this act,there is appropriated the sum of $3,'153,800 (non-recurring), including $2,586,100 for thestate share of the mandated increased local expenditure, for the sole purpose ofimplementing Senate Búl 2114 / House Bill 2156, relative to extended unemploymentbenefits payments, if such bill becomes a law.
Item 3. ln addition to any other funds appropriated by the provisions of this act,there is appropriated the sum of $157,500 (non-recurring) to the Department of TouristDevelopment for the purposes of web site developmeni, marketíng, advertising andother support services for the Tennessee Sesquicentennial Commission.
Item 4. ln addition to any other funds appropriated by the provisions of this act,there is appropriated the sum of $178,360 (non-recurring) to the legislative deparimentfor hardware, software, supplies, training and oiher costs arising from constitutionally-mandated decennial redisiricting.
Item 5. ln addition to any other funds appropriated by the provisions of this act,there is appropriated the sum of $49,000 (non-recurring) to the Department of Financeand Administration for the sole purpose of making a grant in such amount to A SecreiSafe Place for Newborns ofTennessee, lnc., to be used for operational expenses.
Item 6. ln addition to any other funds appropriated by the provisions of this act,
there is appropriated the sum of $25,900 (recurring) and $9,100 (non-recurring) to thedistrict public defenders conference for the purpose of judicial district operatlonalexpenses.
iobe
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Item 7. ln addition to any other funds appropriaieci by ihe provisions of this act,there is appropriated the sum of $30,000 (non-recurring) to the Tennessee HistoricalCommission for the sole purpose of the continuation of the historical interpreiation pilotproject. lt is the intent of the General Assembly that such funds be distributed to thesame property funded in Section 12, ltem 26, of Chapter 1108 of the Public Acts of2010.
Item 8. ln addition to any other funds appropriated by the provisions of this act,there is appropriated the sum of $150,000 (non-recurring) to the department of health forthe sole purpose of making a grant in such amount to St. Jude Hospital in Memphis, todefray, in whole or in part. the expenses of patienis and their families who are citizensand residents of Tennessee in traveling to and from Si. Jude Hospiial. Such paymentsshall be administered by the hospital and shall be made on the basis oÍ need. Suchpatients, or their families, requesting assistance from these funds shall supply suchdocuments supporting need and travel expenses as the hospital may require.
Item 9. ln addiiion to any other funds appropriated by the provisions of this act,there is appropriated the sum of $100,000 (non-recurring) to the Tennessee historicalcommission for the sole purpose of making a grant in such amount to the Stax Museumin Memphis, to be used for defraya! of operationaÌ costs.
Item '10. ln addition to any otherfunds appropriateci by the provisions of this act,there is appropriated the sum of $69,500 (recurrinE) to the Tennessee Film,Entertainment and Music Commission for the soie purpose of making a grant in suchamount to FilmNashville, to be used for the annua! Film-Com financing and distributionmarket.
Item 11. ln addition to any otherfunds appropriaied by the provisions of this aci,there is appropriated the sum of $250,000 (non-recurring) to the department of financeand administration for the sole purpose of making a grant in such amount to BigBrothers, Big Sisters, to be used for the A¡'nachi lnitiative, a menioring program forchildren of prisoners.
Item 12. ln addition to any other funds appropriaied by the provision of this act,there is appropriated the sum of $125,000 (non-recurring) to the depariment of health forthe sole purpose of making a grant in such amouni to the Memphìs Oral School for theDeaf, to be used for programs and operational expenses.
Item 13. ln addition to any other funds appropriated by tire provisions of this act,there is appropriated the sum of $100,000 (non-recurring) to the Department ofEducation for the sole purpose of making a grani in such amount to the Education EqualOpportunity Group, lnc. (EEOG), to be used to support student participation in EEOGprograms for at-risk and under-served students.
Item 14. ln addition to any other funds appropriated by the provisions of this act,there is appropriated the sum of $200,000 to Tennessee Technological University for thesole purpose of replacing fire alarms at the Hyder Burks Agricultural Pavilionffech Farm.
Item 15. ln addition to any other iunds appropriated by the provisions of this act,there is appropriated the sum of $100,000 to Tennessee Technological University for thesole purpose of providing through the TTU STEM Center a mobile equipment lendinglaboratory for rural K-12 schools.
Item 16. ln addition to any other funds appropriated by the provisions of this act,there is appropriated the sum of $100,000 to the ciepariment of health for the solepurpose of making a grant in such amount to the Crumley House located in WashingtonCounty, to be used for the provision of programs and services on behalf of persons
suffering from traumatic brain injuries.
Item 17. ln addition to any otherfunds appropriated by the provisions of this act,there is appropriated the sum of $1 ,172,800 (non-recurring) to the TennCare Frogramfor the sole purpose of perinatal outreach grants.
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Item 18. To UT Martin for the Ripley Center, the sum of $60,000 (recurring) in
support of operations and programs.
Item 19. ln addition to any otherfunds appropriated byihe provisions of this act,there is appropriated the sum of $750,000 (non-recurring) to the Tennessee Bureau oflnvestigation for the sole purpose of providinE funds to local governments for costsrelated to methamphetamine clean-up. lt is the legislative intent that such funds beexpended as grants, with local governments matching at least 25o/o o'f the amount to befunded.
Item 20. ln addition to any other funds appropriated by the provision oí this act,there is appropriated to the department of finance and administration, bureau ofTennCare the sum of $'1 ,435,100 to be matched with any and all available federal funds,for the sole purpose of restoring a portion of the 8.5% rate reduction to providers ofICF/MR services.
Item 21. ln addition to any otherfunds appropriated bythe provisions of this act,there is appropriated the sum of $4,052,000 (non-recurring), to be matched by anyavailable federal funds, to the TennCare Program for the sole purpose of restoring thereduction for the TennGare Pharmacy MAC Pricing íor Generic Drugs Program.
Item 22. ln addìtion to any other funds appropriated by the provisions of this act,there is appropriated the sum of $300,000 (recurring) to the depariment of education forthe sole purpose of school internet connectivity.
Item 23. ln addition to any other funds appropriated by the provìsions of this act,there is appropriated the sum of $500,000 (non-recurring) to the department ofeducation for the sole purpose of allocating such sum as grants in equal amounts toeach Tennessee public television station, io be used for equipment, programs andoperational expenses.
Item 24. ln addition to any other funds appropriated by the provisions of this act,there is appropriated the sum of $'129,800 (recurring) io the Tennessee Bureau oflnvestigation for the sole purpose of equipment used by administrative services.
Item 25. ln addition to any other funds aporopriated by the provisions of this act,there is appropriated the sum of $1,773,200 to ihe Department of Correction for the solepurpose of restoring base funding and authorizing no rnore than 47 positions forcommunity service work crews.
Item 26. ln addition to any other funds appropriated by the provisions of this act,there is appropriated the sum of $378,000 (recurring) to the commission on aging tocontinue home and community-based services in the Options and Older Americans Act.
Item 27. ln addition to any other funds appropriated by the provisions of this act,there is appropriated the sum of $1 19,000 (recurring) to the depariment of commerceand insurance, for the sole purpose of travel, supply, professional services andmaintenance expenditures at the fire academy.
SECTION 78. Title X family planning funds appropriated to the department of healthshall be used fully in Title X programs operated by state, couniy or municipal health agenciesand staffed by employees of such agencies and no Title X family planning funds shall be paid tothird-party providers or private organizations or entities.
SECTION 79. The Tennessee Code Commission is requested to place an appropriaie,permanent note following ihe codification of any public act which is codified and which has notreceived constitutionally requirecÍ first year's funding through the provisions of this act.
SECTION 80. The commissioner of finance and administration is requested to make all
necessary adjustments to revenues, authorized positions and totals as necessary to effectuatethe provisions of this act as amended by the Generai Assembly.
SECTION 81. lf any provisions of ihis act or the application thereof to any person orcircumstance is held invalid, such invalidity shall not affect other provisions or applications of
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this act which can be given effect without the invalid provision or application, and to that end theprovisions of this act are declared to be severable.
SECTION 82. No expenditure of public funds pursuant to this act shall be made inviolation of the provisions of Title Vl of the Civil Rights Act of 1964, as codified in 42 UnitedStates Code, 2000(d).
SECTION 83. This act shall take effect July 1,2A11, ihe public welfare requíring it;provided, however, that any provision of this act which authorizes prior or irnmediateexpenditures and any section or iiem which specifies an immediate effective date shall takeeffect upon becoming a law, the public welíare requiring it.
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PASSED:
t-toiisE B|LL No. 2139
Mav 21- 2O11
APPRovED th." lfd"ro, ù a* ,0,,,'l
BETH HARWELL, SPEAKERHOUSE OF REPRESENTATIVES
BILL HASLAM, GOVERNOR
