Amends TCA Section 11-3-120 and Title 11, Chapter 3, Part 3.
Present law prohibits the department of environment and conservation from commencing construction on any new capital project that costs in excess of $100,000 in any state park if it is not provided for in the park's current management plan and the project has been approved by the state building commission. This bill changes present law by making a capital project in a state park contingent on the commission's approval if the project costs in excess of the amount for major maintenance, which is defined under present law as "the repair or renovation of any building or structure or any portion thereof in which the state of Tennessee or any of its departments, institutions or agencies have an interest and that is being funded by direct appropriations for major maintenance or that will cost in excess of $100,000.<br /> <br /> Under present law, if revenues are generated by marinas, campgrounds, golf courses, cabins, gift shops, restaurants, and inns ("revenue-generating facilities")which exceed the needs for self-sufficiency, then they may be applied in priority order, first to other operations at the park where they are located, next to parks containing historic sites or museums or natural areas, and finally to other state parks.<br /> <br /> This bill replaces the present law priority list of excess revenue. This bill creates a special account in the general fund to be known as the "state parks hospitality maintenance and improvement fund" into which the commissioner must deposit revenue generated by revenue-generating facilities in such a manner that the total amount of revenue deposited each fiscal year, at a minimum, is equal to two percent of the annual gross revenue generated by the facilities.<br /> <br /> Any unencumbered funds and any unexpended balance of the state parks hospitality maintenance and improvement fund remaining at the end of a fiscal year shall not revert to the general fund, but instead must be carried forward until expended in accordance with this bill. The commissioner of environment and conservation will administer the fund. The fund may be used for:<br /> <br /> (1) Routine maintenance on the revenue-generating facilities;<br /> <br /> (2) Major maintenance and renovation projects for the revenue-generating facilities;<br /> <br /> (3) Capital improvements to the revenue-generating facilities; and<br /> <br /> (4) Maintenance to or improvements of the accommodations of the revenue-generating facilities.<br /> <br /> If net revenue generated by the revenue-generating facilities exceeds the need for self-sufficiency of the revenue-generating facilities, then the net revenue does not revert to the general fund and may be applied to state parks in an appropriate manner as determined by the commissioner of environment and conservation. Similarly, this bill requires that any unexpended balances of appropriations not otherwise addressed by law that are set out for the purposes of defraying the operational expenses of state parks and state parks modernization must not revert to the general fund and may be applied for such purposes in an appropriate manner as determined by the commissioner of environment and conservation.<br />
Present law prohibits the department of environment and conservation from commencing construction on any new capital project that costs in excess of $100,000 in any state park if it is not provided for in the park's current management plan and the project has been approved by the state building commission. This bill changes present law by making a capital project in a state park contingent on the commission's approval if the project costs in excess of the amount for major maintenance, which is defined under present law as "the repair or renovation of any building or structure or any portion thereof in which the state of Tennessee or any of its departments, institutions or agencies have an interest and that is being funded by direct appropriations for major maintenance or that will cost in excess of $100,000.<br /> <br /> Under present law, if revenues are generated by marinas, campgrounds, golf courses, cabins, gift shops, restaurants, and inns ("revenue-generating facilities")which exceed the needs for self-sufficiency, then they may be applied in priority order, first to other operations at the park where they are located, next to parks containing historic sites or museums or natural areas, and finally to other state parks.<br /> <br /> This bill replaces the present law priority list of excess revenue. This bill creates a special account in the general fund to be known as the "state parks hospitality maintenance and improvement fund" into which the commissioner must deposit revenue generated by revenue-generating facilities in such a manner that the total amount of revenue deposited each fiscal year, at a minimum, is equal to two percent of the annual gross revenue generated by the facilities.<br /> <br /> Any unencumbered funds and any unexpended balance of the state parks hospitality maintenance and improvement fund remaining at the end of a fiscal year shall not revert to the general fund, but instead must be carried forward until expended in accordance with this bill. The commissioner of environment and conservation will administer the fund. The fund may be used for:<br /> <br /> (1) Routine maintenance on the revenue-generating facilities;<br /> <br /> (2) Major maintenance and renovation projects for the revenue-generating facilities;<br /> <br /> (3) Capital improvements to the revenue-generating facilities; and<br /> <br /> (4) Maintenance to or improvements of the accommodations of the revenue-generating facilities.<br /> <br /> If net revenue generated by the revenue-generating facilities exceeds the need for self-sufficiency of the revenue-generating facilities, then the net revenue does not revert to the general fund and may be applied to state parks in an appropriate manner as determined by the commissioner of environment and conservation. Similarly, this bill requires that any unexpended balances of appropriations not otherwise addressed by law that are set out for the purposes of defraying the operational expenses of state parks and state parks modernization must not revert to the general fund and may be applied for such purposes in an appropriate manner as determined by the commissioner of environment and conservation.<br />
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