Tennessee § 68-11-1623 - Account for disposition of fees — Budget.

§ 68-11-1623. Account for disposition of fees — Budget.

All fees and civil penalties authorized by this part, with the exception of fees established pursuant to § 68-11-1625, shall be paid by the health services and development agency or the collecting agency to the state treasurer and deposited in the state general fund and credited to a separate account for the agency. Fees include, but are not limited to, fees for the application of certificates of need, subscriptions, project cost overruns, copying, and contested cases. Disbursements from that account shall be made solely for the purpose of defraying expenses incurred in the implementation and enforcement of this part by the agency. Funds remaining in the account at the end of any fiscal year shall not revert to the general fund but shall remain available for expenditure in accordance with law. The agency shall prescribe fees by rule as authorized by this part. The fees shall be in an amount that provides for the cost of administering the implementation and enforcement of this part by the agency. Fees prescribed by the agency shall be adjusted as necessary to provide that the account is fiscally self-sufficient and that revenues from fees do not exceed necessary and required expenditures. Acts 2002, ch. 780, § 4; 2004, ch. 942, § 15; 2008, ch. 1120, § 1; 2016, ch. 1043, § 20. Compiler's Notes. Acts 2004, ch. 942, § 1 provided that notwithstanding the provisions of §§ 4-29-104 and 4-29-112 to the contrary, the state health planning and advisory board shall terminate and cease to exist on June 30, 2004, and all functions of the state health planning and advisory board shall be transferred to the department of finance and administration pursuant to the act. Acts 2016, ch. 1043, § 23 provided that the act, which amended this section, shall apply to applications filed on or after July 1, 2016. Amendments. The 2016 amendment rewrote the section which read: “All fees and civil penalties authorized by this part, with the exception of fees established pursuant to § 68-11-1625 , shall be paid by the health services and development agency or collecting agency to the state treasurer and deposited in the general fund. Fees include, but are not limited to, fees for the application of certificates of need, subscriptions, project cost overruns, copying and contested cases. It is also the intent of the general assembly that, for the fiscal year 2004-2005, all funds accumulated and collected as authorized by § 68-11-1625 , for the state health planning and advisory board, shall transfer to the state division of health planning in the department of finance and administration for the purpose of implementation and development of the state health plan and to further the purposes and operation of the division.” Effective Dates. Acts 2016, ch. 1043, § 23. July 1, 2016.