Section 49-7-173 - Effect of failure to fund state-mandated discount or waiver program

(a) An act of the general assembly enacted after January 1, 2021, that mandates a discount or waiver of the tuition or fees charged at public institutions of higher education in this state is unenforceable against an institution affected by the act in any fiscal year for which the general assembly fails to appropriate a sum sufficient to fully fund the discount or waiver program at the institution.(b) If the general assembly fails to appropriate a sum sufficient to fully fund a discount or waiver program created by an act of the general assembly enacted after January 1, 2021, at a public institution of higher education in a fiscal year, then that institution is not required to make the discount or waiver available to students in the academic year for which the institution did not receive sufficient funding.(c) This section does not affect:(1) An act of the general assembly that mandates a discount or waiver of the tuition or fees charged at public institutions of higher education that was enacted on or before January 1, 2021; or(2) A scholarship, grant, or financial aid program.(d) The 112th general assembly recognizes that Article II, § 12 of the Constitution of Tennessee

on that was enacted on or before January 1, 2021; or(2) A scholarship, grant, or financial aid program.(d) The 112th general assembly recognizes that Article II, § 12 of the Constitution of Tennessee prevents this or another general assembly from statutorily binding a future general assembly. Therefore, this general assembly acknowledges that this section is legally binding only for the duration of the 112th general assembly. However, each future general assembly is discouraged from enacting legislation after January 1, 2023, that mandates a discount or waiver of the tuition or fees charged at public institutions of higher education unless the general assembly annually appropriates a sum sufficient to fully fund the discount or waiver program at each affected institution.Added by 2021 Tenn. Acts, ch. 120,s 1, eff. 4/13/2021.