Tennessee § 43-1-704 - Adjustment of fees.

§ 43-1-704. Adjustment of fees.

Notwithstanding § 4-5-229, rules establishing fees promulgated pursuant to this chapter before July 1, 2016, shall take effect following expiration of the ninety (90) days as provided in § 4-5-207. Beginning in 2020 and at least every five (5) years thereafter, the commissioner shall evaluate fees associated with the statutes specified in § 43-1-701(b) and may make adjustments through the rule-making process. Individual fees shall not be adjusted more than once every five (5) years. After the initial adjustment under subsection (b), the percentage increase of any subsequent adjustment shall not exceed the percentage of increase in the average consumer price index, all items-city average, as published by the United States department of labor, bureau of labor statistics, between the dates of one (1) adjustment and the immediately subsequent adjustment. Individual fee adjustment amounts may be rounded up to the next tier amount provided in § 43-1-703(f). Fees established under § 43-1-703(a) and the statutes specified in § 43-1-701(b) shall not be increased in any year when the fund's fiscal year ending balance exceeds one hundred fifty percent (150%) of the fees collected in the previous year. Acts 1994, ch. 960, § 5; 2002, ch. 640, §§ 15, 16; 2013, ch. 236, § 2; 2015, ch. 485, § 3. Amendments. The 2013 amendment substituted “the chair of the agriculture and natural resources committee of the house of representatives and the chair of the energy, agriculture and natural resources committee of the senate” for “the chair of the agriculture committee of the house of representatives and the chair of the commerce, labor and agriculture committee of the senate” at the end of the last sentences in (c)(1) and (2). The 2015 amendment rewrote the section, which read: “(a) Notwithstanding any law to the contrary, the commissioner of finance and administration shall certify to the commissioner of agriculture the amount of fees required by each program for the subsequent fiscal year based on the general appropriations act for that year. Upon receipt of such certification, all fee schedules shall be reviewed by the commissioner of agriculture. All fees and procedures for collecting fees shall be adopted pursuant to rulemaking procedures set forth in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. In adopting the rules, the commissioner of agriculture shall consider detailed information regarding salary and staffing improvements and other costs to be funded by the proposed fee schedule or fee increases. The commissioner of agriculture shall not increase fees in any year general state revenues have decreased from the previous year. Pursuant to recommendations of the commissioner of agriculture, and within sixty (60) days after receiving the commissioner of finance and administration's certification of the amount of fees required by each program, the commissioner of agriculture shall submit to the commissioner of finance and administration an official estimate of fees to be collected by each program for the fiscal year. It is the intention of the general assembly that any fees authorized in this part become established by promulgation of rules and regulations within twelve (12) months of passage.“(b) The fee schedule promulgated by each of the entities listed in § 43-1-703 shall not, when added to their individual program fund balance for prior years, exceed one hundred fifty percent (150%).“(c)(1) Beginning in fiscal year 2003-2004 and each year thereafter, the commissioner shall prepare a report that summarizes all program expenditures and revenues associated with implementation of those statutes listed in § 43-1-701 . The report shall be submitted to members of the committee specified in § 43-1-701(f) as well as the chair of the agriculture and natural resources committee of the house of representatives and the chair of the energy, agriculture and natural resources committee of the senate.“(2) Beginning in 2007 and at least every five (5) years thereafter, the commissioner shall evaluate fee schedules associated with the department's regulatory services and recommend adjustments as may be appropriate. The report shall be submitted to the chair of the agriculture and natural resources committee of the house of representatives and the chair of the energy, agriculture and natural resources committee of the senate.” Effective Dates. Acts 2013, ch. 236, § 94. April 19, 2013. Acts 2015, ch. 485, § 41. July 1, 2015; May 20, 2015, for the purpose of promulgating rules.