Tennessee § 49-11-709 - Funding.

§ 49-11-709. Funding.

The commissioner, through the division, is authorized to contract with the appropriate agencies of the federal government to secure the maximum benefits under current federal legislation concerning vocational rehabilitation, and to cooperate with the agencies in the adoption of methods of administration and the meeting of conditions that are necessary in order to secure the benefits. The commissioner, through the division, is authorized to accept local tax funds for the purposes of this part by direct transfer from local governmental units and to use the funds to match the federal funds that may be available under current federal legislation to finance the purposes of this part. When the local and federal funds are received, they shall be used for financing the rehabilitation centers authorized by this part; provided, that each center shall be entitled to receive no more than one dollar ($1.00) from the division for each thirty cents (30¢) transferred to the division by the local governmental unit supporting the center; provided, further, that any remaining funds thereafter shall be used by the division to pay administrative expenses as provided for in § 49-11-704 and other program costs, including, but not limited to, case services to trainees. The division is not liable for the payment of any funds to a rehabilitation center or centers other than the funds that may accrue from the local tax funds and federal funds as described in this subdivision (a)(2). In hardship cases, the division, when authorized by the commissioner, may make reasonable payments not in excess of five percent (5%) over the amounts authorized in this subdivision (a)(2); provided, that the funds are available to the division and are not otherwise encumbered or committed. Each rehabilitation center shall pay into a fund for the use of all of the rehabilitation centers a reasonable amount, as determined by the commissioner, of any gross income from contract work, which reasonable amount shall not exceed twenty-five percent (25%) of the gross income. The sums, when paid to the division, shall be deposited as public funds to be used in developing other centers and to cover expenditures not specified in the budget or budgets of a local center or centers, and to assist any and all of the centers to secure the necessary equipment and machinery to increase rehabilitation services to persons with disabilities and to guarantee withholding payments for purposes of participation in the social security program of clients in sheltered employment status. There is established a trust fund for the division to be held and controlled by the commissioner, into which trust fund any individual, organization, agency or institution, either public or private, may make contributions to be used by the division to provide rehabilitation services to Tennesseans with intellectual and other severe disabilities. The funds in the trust fund shall be considered public funds and may be used to match any federal funds to serve people with intellectual and other severe disabilities in this state. Acts 1965, ch. 332, §§ 10, 13, 14; 1969, ch. 215, §§ 3, 4; 1977, ch. 57, § 2; T.C.A., §§ 49-2825, 49-2827, 49-2828; Acts 1985, ch. 227, § 5; 1989, ch. 4, § 3; 2001, ch. 174, § 12; 2010, ch. 734, §§ 5, 6; 2011, ch. 47, §§ 47-49. Compiler's Notes. For the Preamble to the act regarding changing the term “mental retardation” to “intellectual disability”, please refer to Acts 2010, ch. 734. Acts 2010, ch. 734, § 7 provided that for purposes of each provision amended by the act, a reference to intellectual disability shall be considered to refer to mental retardation, as defined by that provision on the day before the date of enactment of the act. Acts 2010, ch. 734, § 8 provided that nothing in the act shall be construed to alter or otherwise affect the eligibility for services or the rights or responsibilities of individuals covered by the provision on the day before the date of enactment of the act. Acts 2011, ch. 47, § 107 provided that nothing in the legislation shall be construed to alter or otherwise affect the eligibility for services or the rights or responsibilities of individuals covered by the provision on the day before the date of enactment of this legislation, which was July 1, 2011. Acts 2011, ch. 47, § 108 provided that the provisions of the act are declared to be remedial in nature and all provisions of the act shall be liberally construed to effectuate its purposes.