Tenn. Code Ann. § 8-21-401 — TN Code / Title 8 / Chapter 21 / Section 8-21-401
Schedule of fees
Status: in_force

(a) Except as otherwise provided by law, the costs provided in this section in civil cases are chargeable and may be collected at the time the services are requested from the clerk or other officer of the court; however, nothing in this section should be construed to limit the ability of a party to initiate a judicial proceeding by filing a pauper's oath. In cases where payment of the clerk's fees would create a substantial hardship for a party, judges are encouraged to use the discretion provided in Rule 29 of the Tennessee Rules of the Supreme Court to find that the party is indigent, even if that person does not meet the Legal Services Corporation's poverty guidelines. If a party, other than a party who initiated a proceeding under a pauper's oath, pays costs at the time the services are requested, such payment shall be deemed to satisfy the requirement for security to be given for costs, pursuant to § 20-12-120 . In proceedings covered by subdivision (b)(1)(A), and in workers compensation complaints, the attorney filing the action shall have the option to sign a cost bond, in lieu of the party paying the clerk's fees at the time services are requested. The clerk shall not refuse to file an action where the attorney has opted to sign a cost bond. In any action where the clerk refuses to accept such cost bond in lieu of the party paying the clerk's fees, all costs in that action shall be forfeited by the clerk. These requirements for fees to be paid or security provided when services are requested from the clerk do not apply in criminal cases. The fees listed in this section do not include officer's fees as provided for in § 8-21-901 and elsewhere. These fees also do not include state and local litigation taxes. (b) Fees in Civil Cases in Circuit and Chancery Court. (1) (A) Unless otherwise provided, court clerks in civil cases in courts of record shall charge a standard court cost of two hundred twenty-five dollars ($225) at the institution of a case. The types of cases covered by this fee would include, but not be limited to, actions for enforcement of contracts or breach of contract actions; injunctions; all torts, personal injury and property damage cases, including malpractice actions, health care liability actions, and wrongful death suits; employment discrimination suits; civil rights suits; tax disputes; special remedies; other property disputes; and any other type of actions not otherwise designated in this section or elsewhere by law. (B) In divorce cases involving minor children, the clerk shall charge a standard court cost of two hundred dollars ($200) at the institution of a case. In divorce cases that do not involve minor children, the clerk shall charge a standard court cost of one hundred twenty-five dollars ($125) at the institution of a case. (C) In the following specific types of civil actions, the clerk shall charge a standard court cost of one hundred fifty dollars ($150) at the institution of a case: (i) Appeals to the circuit or chancery court from juvenile court, general sessions court, probate courts, municipal courts or an administrative hearing; writs of certiorari from lower courts; or administrative hearings; (ii) Transfers of cases from foreign counties; (iii) Requests for writ of mandamus; (iv) Worker's compensation actions; (v) Condemnations and inverse condemnations; and (vi) Quo warranto proceedings. (D) In the following specific types of civil actions, the clerk shall charge a standard court cost of one hundred dollars ($100) at the institution of a case: (i) Adoptions; (ii) Legitimations; (iii) Paternity cases; (iv) Restoration of citizenship; (v) Termination of parental rights; (vi) Other domestic relations matters not otherwise designated; (vii) Name changes; (viii) Minor settlements; (ix) Enforcement of foreign judgments; (x) Civil expungements where authorized by law; and (xi) Orders of protection. (E) In the following specific actions, the clerk shall charge a standard court cost of seventy-five dollars ($75.00): child support enforcement and modification, including interstate support cases and civil contempt actions, and requests for modification of a parenting plan. (F) In delinquent property tax cases, the clerk shall assess a filing fee of forty-two dollars ($42.00) per parcel. For each parcel of property for which the judge issues an order to sell, there shall be a fee of one hundred dollars ($100) for clerk's services related to that action. (2) (A) For the purposes of determining the fees of the clerk of court, when any third party complaint in a civil case is filed, the party filing the complaint shall be charged the same fee as was charged at the initiation of the original civil proceeding. (B) The fee for cross-filings and counter complaints in civil cases in courts of record shall be one hundred dollars ($100). (c) The clerks of the various courts administering estates, guardianships, conservatorships, and other probate matters are entitled to demand and shall receive for their services the following fees: (1) For opening and closing an estate, other than a small estate, two hundred thirty dollars ($230); (A) For filing and docketing claims, giving notice and filing release on each claim for a decedent's estate, to be paid by claimant, eleven dollars ($11.00); (B) For filing exceptions to claims against estates, mailing notices and entering order, forty-two dollars ($42.00); (2) For filing small estate affidavits, forty-one dollars ($41.00); (3) For filing a request for letters of guardianship and conservatorship; issuing all initial process and cost bond; entering order and issuing certificate of guardianship and conservatorship, not including fee of the sheriff; and including final accounting and order closing, regardless of court where filed, one hundred sixty dollars ($160); (4) For filing a new request for removal of disabilities of minority, and incompetence, filing affidavits and entering orders; for filing a new request to legitimate a person, change a name or correct a birth certificate and enter orders; for filing a new request for habeas corpus, filing cost bond, issuing process and enter orders, not including fee of the sheriff, one hundred dollars ($100); (5) For filing requests under the mental health law, compiled in title 33, issuing notices, entering return, and entering judgments after hearing, not including fee of the sheriff, fifty dollars ($50.00); (6) For filing and docketing any request on an existing case, other than a request to close the case, not otherwise provided for, eighteen dollars ($18.00); (7) For entering any order on an existing case, other than closing order, not otherwise provided for, twelve dollars ($12.00); (8) For issuing summons, subpoenas, citations, writs and notices, including copies of process when required by law, other than initial process, six dollars ($6.00); (9) For filing any document not otherwise provided for in probate court, seven dollars ($7.00); and (10) For filing, reviewing, recording annual or interim settlement or accounting and entering order approving settlement only, forty dollars ($40.00). (d) Fees in Criminal Cases in Courts of Record. (1) Unless otherwise provided in this section, court clerks in criminal cases in courts of record shall charge a standard court cost of three hundred dollars ($300). This fee shall apply per case per defendant. (2) The clerk shall charge a fee of one hundred dollars ($100) for proceedings related to a violation of probation or any post-judgment actions other than expunctions. (3) The clerk may charge a fee of up to one hundred dollars ($100) for expunctions. (4) The clerk shall charge a fee of seventy-five dollars ($75.00) for criminal contempt actions, including criminal contempt proceedings in civil courts, for failure to appear, requests for bonding company release from final forfeiture, requests to reinstate a driver license, and requests for relief. (5) Reimbursement from the state shall be limited to the fees as currently allowed by law. (e) Fees for Proceedings in Juvenile Court. (1) Unless otherwise provided in this section, court clerks in juvenile proceedings shall charge a standard court cost of one hundred dollars ($100). This fee shall apply to all juvenile proceedings not otherwise designated, including, but not limited to, requests to establish support or nonsupport, proceedings related to parentage, paternity cases, and legitimations. (2) For requests for modification of child support, the clerk shall charge a fee of seventy-five dollars ($75.00). (3) In the following actions, the clerk of the juvenile court shall charge a fee of forty-two dollars ($42.00): juvenile traffic cases, consent orders, diversion and nonjudicial disposition of juvenile cases, voluntary motions to grant custody, marriage waivers, attachment pro corpus, and bench warrants. (4) In the following actions, the clerk of the juvenile court shall charge a fee of twenty-five dollars ($25.00): restricted licenses, drug screenings, entering order of appeal and taking appeal bond, entering judgment from appellate court, entering order allowing rehearing, and special pleas. (5) In the following actions, the clerk of the juvenile court shall charge a fee of sixty-two dollars ($62.00): delinquency and unruly cases, and felony and misdemeanor cases in juvenile court. (f) Actions in General Sessions Court. (1) General sessions civil filing fee, forty-two dollars ($42.00). Unless otherwise provided elsewhere in this section, court clerks in civil cases in general sessions court shall charge a standard filing fee of forty-two dollars ($42.00). This fee is intended to cover all initial court clerk's costs for initiating a civil proceeding in general sessions court, including, but not limited to, hearings regarding short term mental health commitments, appeals of decisions denying the issuance of handgun permits, and requests not otherwise provided for. This fee shall not apply to orders of protection, which shall have the same fee, when costs are adjudged, as in courts of record, of one hundred dollars ($100). (2) When a general sessions court is exercising concurrent civil jurisdiction with a court of record, the clerk shall charge the litigation taxes and court costs applicable in courts of record. (g) Criminal Actions in General Sessions Court. (1) General session criminal base fee, sixty-two dollars ($62.00). This fee shall be charged per conviction per defendant. For cases involving traffic citations, instead of sixty-two dollars ($62.00), the base court cost shall be forty-two dollars ($42.00). (2) Failure to appear, forty dollars ($40.00). In cases where the defendant fails to appear or pay fines or costs and the court issues an attachment, bench warrant, capias or other process to compel the defendant's attendance at the court, the defendant shall be charged an additional fee for clerk's costs of forty dollars ($40.00). (3) Calling in surety, forty dollars ($40.00). The clerk shall charge the defendant this fee each time a scire facias or other proceeding is instituted to bring in a surety, or make action against a bond in criminal cases for failure to appear. (4) The clerk shall charge a fee of seventy-five dollars ($75.00) for requests for bonding company release from final forfeiture, or requests to reinstate a driver license. (5) The clerk may charge a fee of up to one hundred dollars ($100) for expunctions. (h) Clerk's Commissions. (1) Except as provided in subdivisions (h)(2) and (3), for receiving and paying over all taxes, fines, forfeitures, fees and amercements, the clerk of the court is entitled to a five percent (5%) commission. (2) In counties having a population of more than seven hundred thousand (700,000), according to the 1990 federal census or any subsequent federal census, the commission for receiving and paying over all taxes, fines, forfeitures, fees and amercements, shall be ten percent (10%), except as provided in subdivision (h)(3). (3) For receiving and paying over all privilege taxes on litigation, the clerk of the court is entitled to a six and seventy-five hundredths percent (6.75%) commission. The total amount of commissions receivable by the clerk of the court during any fiscal year shall not be less than the amount received by such clerk during the fiscal year ending June 30, 2005; provided, that if the statewide amount of litigation tax collected during such fiscal year is less than the amount collected during the fiscal year ending June 30, 2005, then the total amount of commissions receivable by the clerk of the court for that fiscal year shall be reduced by a percentage equal to the percentage reduction in statewide litigation tax collections for that fiscal year. (i) Other Fees of Court Clerks. The following fees apply uniformly in all courts, general sessions, juvenile, probate, circuit or chancery, and may be charged in addition to the fees for cases listed in this section: (1) Standard Post-judgment Fee. Unless otherwise provided, court clerks in criminal and civil cases in all courts shall charge a standard post-judgment fee of twenty-five dollars ($25.00). This fee shall be charged per occurrence and shall be charged regardless of whether judgment is enforced by garnishment, execution, levy or other process. This fee shall also apply to post-judgment interrogatories, publications, motions to set installment payments, and orders and pleas. (2) For issuing a subpoena or subpoena duces tecum, the fee shall be six dollars ($6.00). (3) (A) In all cases in all courts, the clerk shall charge a fee of five dollars ($5.00) for each requested continuance. (B) In addition to the fee provided for in subdivision (i)(3)(A), the clerk shall also collect a courtroom security enhancement fee of two dollars ($2.00). The revenues from the two-dollar courtroom security enhancement fee shall be deposited into the county general fund. All revenue from this fee shall be used exclusively for the purposes of providing security and enhancing the security of court facilities in the county. For each fiscal year, the court security committee, created by § 16-2-505(d)(2) , shall develop and submit recommendations to the county legislative body regarding how such funds shall be utilized. (C) The fees for continuances shall be collected at the conclusion of the case. If multiple litigants request a continuance, the judge may assess these fees to one (1) or more parties. (4) For making copies as requested, other than for an original filing and other than when preparing a record upon appeal, the fee shall be fifty cents (50¢) per page. (5) For making certification and seal, providing a copy of an abstract, or providing driver license certification, the fee shall be five dollars ($5.00). (6) For receiving funds paid into court on confirmation of private sales or other funds paid into the clerk pursuant to court order, and collecting and paying out the proceeds, the fee shall be forty dollars ($40.00). This fee also applies where there is a pre-judgment judicial attachment or similar process to bring property into the court's possession prior to judgment. This fee shall not apply to payments of proceeds made pursuant to court order to any person from funds held by the clerk, except for court orders concerning a redemption of delinquent taxes property sale; in such case, the fee shall only be charged one (1) time against the total amount of proceeds generated from the property. (7) For selling real or personal property under decree of court, and receiving, collecting, and paying out the proceeds, a commission not to exceed three percent (3%) on the amount of sales. The clerk shall collect the sheriff's fee, plus the sheriff's fee for each additional defendant, in a proceeding to sell real estate. (8) The clerks of the various courts have the authority to invest idle funds held under their control, not otherwise invested. Such investments shall be in banks or savings and loan associations operating under the laws of the state or under the laws of the United States; provided, that such deposits are insured under the federal deposit insurance corporation. Such investments shall not exceed the amounts that are federally insured, unless otherwise fully collateralized under a written collateral agreement, or unless the funds are deposited with an institution that is a member of the state collateral pool. The interest on such investments shall become part of the fees of the court clerk and the clerk shall be required to account for interest received, the same as with other fees received. Any funds authorized to be invested may be invested by the clerk in the local government investment pool administered by the state treasurer. (9) Nothing in this section shall be construed to relieve the clerks of courts from the responsibility of investing funds held under their control, pursuant to court order or under the rules of court. The interest on those investments shall accrue to the benefit of those directed by the court or by agreement of the parties to the litigation. (10) For investing funds, the clerk shall receive a fee of five percent (5%) of the earnings of such investment. (11) For preparing a record on appeal from a court of record to an appellate court, the fee shall be three hundred dollars ($300). (12) Whenever the clerk is required by law or by a judge to send documents by certified or registered mail, the clerk is entitled to recover the clerk's actual costs for mailing the documents. (j) Earmarked Funds for Computerization. (1) Out of all the general filing fees charged by court clerks, two dollars ($2.00) of the amount collected shall be earmarked for computer hardware purchases or replacement, but may be used for other usual and necessary computer related expenses at the discretion of the clerk. Such amount shall be preserved for these purposes and shall not revert to the general fund at the end of a budget year if unexpended. (2) Effective July 1, 2012, all the general filing fees charged by court clerks shall be increased by two dollars ($2.00). The amount collected pursuant to this two-dollar increase shall be earmarked, along with the two dollars ($2.00) in subdivision (j)(1), for the purposes set forth in subdivision (j)(1), and shall be preserved for those purposes and shall not revert to the general fund at the end of a budget year if unexpended. Pursuant to subsection ( l ), the fees increased by this subdivision (j)(2) shall not be assessed against the state or otherwise represent a cost to the state in criminal cases, child support actions, mental health proceedings, actions under the Tennessee Adult Protection Act, compiled in title 71, chapter 6, part 1, actions with regard to child care licensing, and collection efforts brought by the department of human services. (k) Costs in Extraordinary Cases. In any extraordinary cases, the clerk may petition the judge to award reasonable costs, in excess of the amounts provided in this section, to reimburse the clerk for the additional services demanded by the case. In such cases, the clerk may also petition the judge to require an appropriate cost bond. For the purposes of this subsection (k), an extraordinary case is defined as one in which there are ten (10) or more plaintiffs or ten (10) or more defendants. (l) Charges to the State Unchanged. Notwithstanding any provision of this section to the contrary, any fees increased by this section that are assessed against the state or that otherwise represent a cost to the state in criminal cases, child support actions, mental health proceedings, actions under the Tennessee Adult Protection Act. compiled in title 71, chapter 6, part 1, actions with regard to child care licensing, and collection efforts brought by the department of human services, shall be limited to the amounts chargeable prior to January 1, 2006. (m) Indigent Parties. No clerk shall be permitted to collect any fee authorized by this section without permitting any person the opportunity to institute a cause of action by means of a pauper's oath, in accordance with Rule 29 of the Rules of the Tennessee Supreme Court. (n) Fees for Electronic Filing and Retrieval of Court Documents. (1) In any court where electronic filing, signing, or verification of papers has been authorized by local court rule and is in compliance with technological standards established by the supreme court, clerks may assess a transaction fee for each filing submitted by a party to the case. The transaction fee shall be limited to a maximum of five dollars ($5.00) per filing up to a maximum of fifty dollars ($50.00) per case. As an alternative to a transaction fee, clerks may assess an annual subscription fee for each registered user of the electronic filing system. The subscription fee shall permit the registered user unlimited electronic filing for a one-year period. The one-year period shall be defined by the clerk and shall be consistently maintained for all registered users of the electronic filing system. The annual subscription fee shall not exceed three hundred dollars ($300) for each annual period. Each of these fees shall be set in an amount necessary to defray the expenses associated with implementation and maintenance of the electronic filing and document retrieval system and shall be included in the local court rule authorizing it. Pursuant to subsection ( l ), these fees shall not be assessed against the state. (2) Pursuant to subsection (m), neither the transaction fee nor the subscription fee shall be assessed to a party declared indigent or to that indigent party's legal representative. (3) In any court where electronic filing, signing, or verification of papers has been authorized by local court rule, the state and any department or contractor of the state shall not be required to file documents electronically, notwithstanding any local court rule. (4) Neither the electronic filing transaction fee or subscription fee shall limit a clerk's statutory authority to charge subscription fees or transaction fees for obtaining copies of documents maintained by the clerk as part of an electronic filing system of a separate document management system. Amended by 2022 Tenn. Acts, ch. 665, s 5, eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 665, s 4, eff. 7/1/2022. Amended by 2021 Tenn. Acts, ch. 539, s 1, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 539, s 2, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 475, s 1, eff. 7/1/2021. Amended by 2020 Tenn. Acts, ch. 647, s 1, eff. 4/1/2020. Code 1858, §§ 2306, 2844, 4551 (deriv. Acts 1837-1838, ch. 125, § 8); Acts 1897, ch. 6, § 5; 1897, ch. 9, § 2; 1897, ch. 96, § 1; 1899, ch. 96, §§ 67, 68; 1903, ch. 377, § 12; 1917, ch. 63, § 48; Shan., § 6388; Acts 1919, ch. 137, § 1; mod. Code 1932, § 10692; Acts 1951, ch. 157, § 1; 1957, ch. 59, § 1; 1961, ch. 131, § 1; 1961, ch. 202, § 1; 1965, ch. 355, § 1; 1972, ch. 813, §§ 1, 2; modified; 1974, ch. 556, § 1; impl. am. Acts 1976, ch. 529, § 23; Acts 1976, ch. 651, § 1; 1977, ch. 240, § 1; 1977, ch. 291, § 1; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 8-2115; Acts 1980, ch. 612, § 1; 1981, ch. 427, § 1; 1981, ch. 488, § 6; 1984, ch. 665, § 1; 1985, ch. 143, § 2; 1985, ch. 304, § 1; 1985, ch. 305, §§ 1, 2; 1986, ch. 701, § 1; 1986, ch. 755, §§ 1, 2; 1987, ch. 135, § 2; 1987, ch. 282, § 8; 1987, ch. 327, § 1; 1987, ch. 414, §§ 1-5; 1991, ch. 415, §§ 1, 2, 6; 1992, ch. 924, § 1; 1995, ch. 456, §§ 1-4; 1996, ch. 675, § 12; 1997 , ch. 384, §§ 1, 2; 1999, ch. 530, §§ 1 - 8; 2005, ch. 429, § 17; 2008 , ch. 1047, § 1; 2011 , ch. 234, § 1; 2012 , ch. 623, § 1; 2012 , ch. 798, § 2; 2012 , ch. 886, §§ 1, 2; 2012 , ch. 998, § 1; 2012, ch. 1039, § 1; 2013 , ch. 412, § 1; 2014 , ch. 912, § 1.
(a) Except as otherwise provided by law, the costs provided in this section in civil cases are chargeable and may be collected at the time the services are requested from the clerk or other officer of the court; however, nothing in this section should be construed to limit the ability of a party to initiate a judicial proceeding by filing a pauper's oath. In cases where payment of the clerk's fees would create a substantial hardship for a party, judges are encouraged to use the discretion provided in Rule 29 of the Tennessee Rules of the Supreme Court to find that the party is indigent, even if that person does not meet the Legal Services Corporation's poverty guidelines. If a party, other than a party who initiated a proceeding under a pauper's oath, pays costs at the time the services are requested, such payment shall be deemed to satisfy the requirement for security to be given for costs, pursuant to § 20-12-120 . In proceedings covered by subdivision (b)(1)(A), and in workers compensation complaints, the attorney filing the action shall have the option to sign a cost bond, in lieu of the party paying the clerk's fees at the time services are requested. The clerk shall not refuse to file an action where the attorney has opted to sign a cost bond. In any action where the clerk refuses to accept such cost bond in lieu of the party paying the clerk's fees, all costs in that action shall be forfeited by the clerk. These requirements for fees to be paid or security provided when services are requested from the clerk do not apply in criminal cases. The fees listed in this section do not include officer's fees as provided for in § 8-21-901 and elsewhere. These fees also do not include state and local litigation taxes.
(b) Fees in Civil Cases in Circuit and Chancery Court. (1) (A) Unless otherwise provided, court clerks in civil cases in courts of record shall charge a standard court cost of two hundred twenty-five dollars ($225) at the institution of a case. The types of cases covered by this fee would include, but not be limited to, actions for enforcement of contracts or breach of contract actions; injunctions; all torts, personal injury and property damage cases, including malpractice actions, health care liability actions, and wrongful death suits; employment discrimination suits; civil rights suits; tax disputes; special remedies; other property disputes; and any other type of actions not otherwise designated in this section or elsewhere by law. (B) In divorce cases involving minor children, the clerk shall charge a standard court cost of two hundred dollars ($200) at the institution of a case. In divorce cases that do not involve minor children, the clerk shall charge a standard court cost of one hundred twenty-five dollars ($125) at the institution of a case. (C) In the following specific types of civil actions, the clerk shall charge a standard court cost of one hundred fifty dollars ($150) at the institution of a case: (i) Appeals to the circuit or chancery court from juvenile court, general sessions court, probate courts, municipal courts or an administrative hearing; writs of certiorari from lower courts; or administrative hearings; (ii) Transfers of cases from foreign counties; (iii) Requests for writ of mandamus; (iv) Worker's compensation actions; (v) Condemnations and inverse condemnations; and (vi) Quo warranto proceedings. (D) In the following specific types of civil actions, the clerk shall charge a standard court cost of one hundred dollars ($100) at the institution of a case: (i) Adoptions; (ii) Legitimations; (iii) Paternity cases; (iv) Restoration of citizenship; (v) Termination of parental rights; (vi) Other domestic relations matters not otherwise designated; (vii) Name changes; (viii) Minor settlements; (ix) Enforcement of foreign judgments; (x) Civil expungements where authorized by law; and (xi) Orders of protection. (E) In the following specific actions, the clerk shall charge a standard court cost of seventy-five dollars ($75.00): child support enforcement and modification, including interstate support cases and civil contempt actions, and requests for modification of a parenting plan. (F) In delinquent property tax cases, the clerk shall assess a filing fee of forty-two dollars ($42.00) per parcel. For each parcel of property for which the judge issues an order to sell, there shall be a fee of one hundred dollars ($100) for clerk's services related to that action. (2) (A) For the purposes of determining the fees of the clerk of court, when any third party complaint in a civil case is filed, the party filing the complaint shall be charged the same fee as was charged at the initiation of the original civil proceeding. (B) The fee for cross-filings and counter complaints in civil cases in courts of record shall be one hundred dollars ($100).
(1) (A) Unless otherwise provided, court clerks in civil cases in courts of record shall charge a standard court cost of two hundred twenty-five dollars ($225) at the institution of a case. The types of cases covered by this fee would include, but not be limited to, actions for enforcement of contracts or breach of contract actions; injunctions; all torts, personal injury and property damage cases, including malpractice actions, health care liability actions, and wrongful death suits; employment discrimination suits; civil rights suits; tax disputes; special remedies; other property disputes; and any other type of actions not otherwise designated in this section or elsewhere by law. (B) In divorce cases involving minor children, the clerk shall charge a standard court cost of two hundred dollars ($200) at the institution of a case. In divorce cases that do not involve minor children, the clerk shall charge a standard court cost of one hundred twenty-five dollars ($125) at the institution of a case. (C) In the following specific types of civil actions, the clerk shall charge a standard court cost of one hundred fifty dollars ($150) at the institution of a case: (i) Appeals to the circuit or chancery court from juvenile court, general sessions court, probate courts, municipal courts or an administrative hearing; writs of certiorari from lower courts; or administrative hearings; (ii) Transfers of cases from foreign counties; (iii) Requests for writ of mandamus; (iv) Worker's compensation actions; (v) Condemnations and inverse condemnations; and (vi) Quo warranto proceedings. (D) In the following specific types of civil actions, the clerk shall charge a standard court cost of one hundred dollars ($100) at the institution of a case: (i) Adoptions; (ii) Legitimations; (iii) Paternity cases; (iv) Restoration of citizenship; (v) Termination of parental rights; (vi) Other domestic relations matters not otherwise designated; (vii) Name changes; (viii) Minor settlements; (ix) Enforcement of foreign judgments; (x) Civil expungements where authorized by law; and (xi) Orders of protection. (E) In the following specific actions, the clerk shall charge a standard court cost of seventy-five dollars ($75.00): child support enforcement and modification, including interstate support cases and civil contempt actions, and requests for modification of a parenting plan. (F) In delinquent property tax cases, the clerk shall assess a filing fee of forty-two dollars ($42.00) per parcel. For each parcel of property for which the judge issues an order to sell, there shall be a fee of one hundred dollars ($100) for clerk's services related to that action.
(A) Unless otherwise provided, court clerks in civil cases in courts of record shall charge a standard court cost of two hundred twenty-five dollars ($225) at the institution of a case. The types of cases covered by this fee would include, but not be limited to, actions for enforcement of contracts or breach of contract actions; injunctions; all torts, personal injury and property damage cases, including malpractice actions, health care liability actions, and wrongful death suits; employment discrimination suits; civil rights suits; tax disputes; special remedies; other property disputes; and any other type of actions not otherwise designated in this section or elsewhere by law.
(B) In divorce cases involving minor children, the clerk shall charge a standard court cost of two hundred dollars ($200) at the institution of a case. In divorce cases that do not involve minor children, the clerk shall charge a standard court cost of one hundred twenty-five dollars ($125) at the institution of a case.
(C) In the following specific types of civil actions, the clerk shall charge a standard court cost of one hundred fifty dollars ($150) at the institution of a case: (i) Appeals to the circuit or chancery court from juvenile court, general sessions court, probate courts, municipal courts or an administrative hearing; writs of certiorari from lower courts; or administrative hearings; (ii) Transfers of cases from foreign counties; (iii) Requests for writ of mandamus; (iv) Worker's compensation actions; (v) Condemnations and inverse condemnations; and (vi) Quo warranto proceedings.
(i) Appeals to the circuit or chancery court from juvenile court, general sessions court, probate courts, municipal courts or an administrative hearing; writs of certiorari from lower courts; or administrative hearings;
(ii) Transfers of cases from foreign counties;
(iii) Requests for writ of mandamus;
(iv) Worker's compensation actions;
(v) Condemnations and inverse condemnations; and
(vi) Quo warranto proceedings.
(D) In the following specific types of civil actions, the clerk shall charge a standard court cost of one hundred dollars ($100) at the institution of a case: (i) Adoptions; (ii) Legitimations; (iii) Paternity cases; (iv) Restoration of citizenship; (v) Termination of parental rights; (vi) Other domestic relations matters not otherwise designated; (vii) Name changes; (viii) Minor settlements; (ix) Enforcement of foreign judgments; (x) Civil expungements where authorized by law; and (xi) Orders of protection.
(i) Adoptions;
(ii) Legitimations;
(iii) Paternity cases;
(iv) Restoration of citizenship;
(v) Termination of parental rights;
(vi) Other domestic relations matters not otherwise designated;
(vii) Name changes;
(viii) Minor settlements;
(ix) Enforcement of foreign judgments;
(x) Civil expungements where authorized by law; and
(xi) Orders of protection.
(E) In the following specific actions, the clerk shall charge a standard court cost of seventy-five dollars ($75.00): child support enforcement and modification, including interstate support cases and civil contempt actions, and requests for modification of a parenting plan.
(F) In delinquent property tax cases, the clerk shall assess a filing fee of forty-two dollars ($42.00) per parcel. For each parcel of property for which the judge issues an order to sell, there shall be a fee of one hundred dollars ($100) for clerk's services related to that action.
(2) (A) For the purposes of determining the fees of the clerk of court, when any third party complaint in a civil case is filed, the party filing the complaint shall be charged the same fee as was charged at the initiation of the original civil proceeding. (B) The fee for cross-filings and counter complaints in civil cases in courts of record shall be one hundred dollars ($100).
(A) For the purposes of determining the fees of the clerk of court, when any third party complaint in a civil case is filed, the party filing the complaint shall be charged the same fee as was charged at the initiation of the original civil proceeding.
(B) The fee for cross-filings and counter complaints in civil cases in courts of record shall be one hundred dollars ($100).
(c) The clerks of the various courts administering estates, guardianships, conservatorships, and other probate matters are entitled to demand and shall receive for their services the following fees: (1) For opening and closing an estate, other than a small estate, two hundred thirty dollars ($230); (A) For filing and docketing claims, giving notice and filing release on each claim for a decedent's estate, to be paid by claimant, eleven dollars ($11.00); (B) For filing exceptions to claims against estates, mailing notices and entering order, forty-two dollars ($42.00); (2) For filing small estate affidavits, forty-one dollars ($41.00); (3) For filing a request for letters of guardianship and conservatorship; issuing all initial process and cost bond; entering order and issuing certificate of guardianship and conservatorship, not including fee of the sheriff; and including final accounting and order closing, regardless of court where filed, one hundred sixty dollars ($160); (4) For filing a new request for removal of disabilities of minority, and incompetence, filing affidavits and entering orders; for filing a new request to legitimate a person, change a name or correct a birth certificate and enter orders; for filing a new request for habeas corpus, filing cost bond, issuing process and enter orders, not including fee of the sheriff, one hundred dollars ($100); (5) For filing requests under the mental health law, compiled in title 33, issuing notices, entering return, and entering judgments after hearing, not including fee of the sheriff, fifty dollars ($50.00); (6) For filing and docketing any request on an existing case, other than a request to close the case, not otherwise provided for, eighteen dollars ($18.00); (7) For entering any order on an existing case, other than closing order, not otherwise provided for, twelve dollars ($12.00); (8) For issuing summons, subpoenas, citations, writs and notices, including copies of process when required by law, other than initial process, six dollars ($6.00); (9) For filing any document not otherwise provided for in probate court, seven dollars ($7.00); and (10) For filing, reviewing, recording annual or interim settlement or accounting and entering order approving settlement only, forty dollars ($40.00).
(1) For opening and closing an estate, other than a small estate, two hundred thirty dollars ($230); (A) For filing and docketing claims, giving notice and filing release on each claim for a decedent's estate, to be paid by claimant, eleven dollars ($11.00); (B) For filing exceptions to claims against estates, mailing notices and entering order, forty-two dollars ($42.00);
(A) For filing and docketing claims, giving notice and filing release on each claim for a decedent's estate, to be paid by claimant, eleven dollars ($11.00);
(B) For filing exceptions to claims against estates, mailing notices and entering order, forty-two dollars ($42.00);
(2) For filing small estate affidavits, forty-one dollars ($41.00);
(3) For filing a request for letters of guardianship and conservatorship; issuing all initial process and cost bond; entering order and issuing certificate of guardianship and conservatorship, not including fee of the sheriff; and including final accounting and order closing, regardless of court where filed, one hundred sixty dollars ($160);
(4) For filing a new request for removal of disabilities of minority, and incompetence, filing affidavits and entering orders; for filing a new request to legitimate a person, change a name or correct a birth certificate and enter orders; for filing a new request for habeas corpus, filing cost bond, issuing process and enter orders, not including fee of the sheriff, one hundred dollars ($100);
(5) For filing requests under the mental health law, compiled in title 33, issuing notices, entering return, and entering judgments after hearing, not including fee of the sheriff, fifty dollars ($50.00);
(6) For filing and docketing any request on an existing case, other than a request to close the case, not otherwise provided for, eighteen dollars ($18.00);
(7) For entering any order on an existing case, other than closing order, not otherwise provided for, twelve dollars ($12.00);
(8) For issuing summons, subpoenas, citations, writs and notices, including copies of process when required by law, other than initial process, six dollars ($6.00);
(9) For filing any document not otherwise provided for in probate court, seven dollars ($7.00); and
(10) For filing, reviewing, recording annual or interim settlement or accounting and entering order approving settlement only, forty dollars ($40.00).
(d) Fees in Criminal Cases in Courts of Record. (1) Unless otherwise provided in this section, court clerks in criminal cases in courts of record shall charge a standard court cost of three hundred dollars ($300). This fee shall apply per case per defendant. (2) The clerk shall charge a fee of one hundred dollars ($100) for proceedings related to a violation of probation or any post-judgment actions other than expunctions. (3) The clerk may charge a fee of up to one hundred dollars ($100) for expunctions. (4) The clerk shall charge a fee of seventy-five dollars ($75.00) for criminal contempt actions, including criminal contempt proceedings in civil courts, for failure to appear, requests for bonding company release from final forfeiture, requests to reinstate a driver license, and requests for relief. (5) Reimbursement from the state shall be limited to the fees as currently allowed by law.
(1) Unless otherwise provided in this section, court clerks in criminal cases in courts of record shall charge a standard court cost of three hundred dollars ($300). This fee shall apply per case per defendant.
(2) The clerk shall charge a fee of one hundred dollars ($100) for proceedings related to a violation of probation or any post-judgment actions other than expunctions.
(3) The clerk may charge a fee of up to one hundred dollars ($100) for expunctions.
(4) The clerk shall charge a fee of seventy-five dollars ($75.00) for criminal contempt actions, including criminal contempt proceedings in civil courts, for failure to appear, requests for bonding company release from final forfeiture, requests to reinstate a driver license, and requests for relief.
(5) Reimbursement from the state shall be limited to the fees as currently allowed by law.
(e) Fees for Proceedings in Juvenile Court. (1) Unless otherwise provided in this section, court clerks in juvenile proceedings shall charge a standard court cost of one hundred dollars ($100). This fee shall apply to all juvenile proceedings not otherwise designated, including, but not limited to, requests to establish support or nonsupport, proceedings related to parentage, paternity cases, and legitimations. (2) For requests for modification of child support, the clerk shall charge a fee of seventy-five dollars ($75.00). (3) In the following actions, the clerk of the juvenile court shall charge a fee of forty-two dollars ($42.00): juvenile traffic cases, consent orders, diversion and nonjudicial disposition of juvenile cases, voluntary motions to grant custody, marriage waivers, attachment pro corpus, and bench warrants. (4) In the following actions, the clerk of the juvenile court shall charge a fee of twenty-five dollars ($25.00): restricted licenses, drug screenings, entering order of appeal and taking appeal bond, entering judgment from appellate court, entering order allowing rehearing, and special pleas. (5) In the following actions, the clerk of the juvenile court shall charge a fee of sixty-two dollars ($62.00): delinquency and unruly cases, and felony and misdemeanor cases in juvenile court.
(1) Unless otherwise provided in this section, court clerks in juvenile proceedings shall charge a standard court cost of one hundred dollars ($100). This fee shall apply to all juvenile proceedings not otherwise designated, including, but not limited to, requests to establish support or nonsupport, proceedings related to parentage, paternity cases, and legitimations.
(2) For requests for modification of child support, the clerk shall charge a fee of seventy-five dollars ($75.00).
(3) In the following actions, the clerk of the juvenile court shall charge a fee of forty-two dollars ($42.00): juvenile traffic cases, consent orders, diversion and nonjudicial disposition of juvenile cases, voluntary motions to grant custody, marriage waivers, attachment pro corpus, and bench warrants.
(4) In the following actions, the clerk of the juvenile court shall charge a fee of twenty-five dollars ($25.00): restricted licenses, drug screenings, entering order of appeal and taking appeal bond, entering judgment from appellate court, entering order allowing rehearing, and special pleas.
(5) In the following actions, the clerk of the juvenile court shall charge a fee of sixty-two dollars ($62.00): delinquency and unruly cases, and felony and misdemeanor cases in juvenile court.
(f) Actions in General Sessions Court. (1) General sessions civil filing fee, forty-two dollars ($42.00). Unless otherwise provided elsewhere in this section, court clerks in civil cases in general sessions court shall charge a standard filing fee of forty-two dollars ($42.00). This fee is intended to cover all initial court clerk's costs for initiating a civil proceeding in general sessions court, including, but not limited to, hearings regarding short term mental health commitments, appeals of decisions denying the issuance of handgun permits, and requests not otherwise provided for. This fee shall not apply to orders of protection, which shall have the same fee, when costs are adjudged, as in courts of record, of one hundred dollars ($100). (2) When a general sessions court is exercising concurrent civil jurisdiction with a court of record, the clerk shall charge the litigation taxes and court costs applicable in courts of record.
(1) General sessions civil filing fee, forty-two dollars ($42.00). Unless otherwise provided elsewhere in this section, court clerks in civil cases in general sessions court shall charge a standard filing fee of forty-two dollars ($42.00). This fee is intended to cover all initial court clerk's costs for initiating a civil proceeding in general sessions court, including, but not limited to, hearings regarding short term mental health commitments, appeals of decisions denying the issuance of handgun permits, and requests not otherwise provided for. This fee shall not apply to orders of protection, which shall have the same fee, when costs are adjudged, as in courts of record, of one hundred dollars ($100).
(2) When a general sessions court is exercising concurrent civil jurisdiction with a court of record, the clerk shall charge the litigation taxes and court costs applicable in courts of record.
(g) Criminal Actions in General Sessions Court. (1) General session criminal base fee, sixty-two dollars ($62.00). This fee shall be charged per conviction per defendant. For cases involving traffic citations, instead of sixty-two dollars ($62.00), the base court cost shall be forty-two dollars ($42.00). (2) Failure to appear, forty dollars ($40.00). In cases where the defendant fails to appear or pay fines or costs and the court issues an attachment, bench warrant, capias or other process to compel the defendant's attendance at the court, the defendant shall be charged an additional fee for clerk's costs of forty dollars ($40.00). (3) Calling in surety, forty dollars ($40.00). The clerk shall charge the defendant this fee each time a scire facias or other proceeding is instituted to bring in a surety, or make action against a bond in criminal cases for failure to appear. (4) The clerk shall charge a fee of seventy-five dollars ($75.00) for requests for bonding company release from final forfeiture, or requests to reinstate a driver license. (5) The clerk may charge a fee of up to one hundred dollars ($100) for expunctions.
(1) General session criminal base fee, sixty-two dollars ($62.00). This fee shall be charged per conviction per defendant. For cases involving traffic citations, instead of sixty-two dollars ($62.00), the base court cost shall be forty-two dollars ($42.00).
(2) Failure to appear, forty dollars ($40.00). In cases where the defendant fails to appear or pay fines or costs and the court issues an attachment, bench warrant, capias or other process to compel the defendant's attendance at the court, the defendant shall be charged an additional fee for clerk's costs of forty dollars ($40.00).
(3) Calling in surety, forty dollars ($40.00). The clerk shall charge the defendant this fee each time a scire facias or other proceeding is instituted to bring in a surety, or make action against a bond in criminal cases for failure to appear.
(4) The clerk shall charge a fee of seventy-five dollars ($75.00) for requests for bonding company release from final forfeiture, or requests to reinstate a driver license.
(5) The clerk may charge a fee of up to one hundred dollars ($100) for expunctions.
(h) Clerk's Commissions. (1) Except as provided in subdivisions (h)(2) and (3), for receiving and paying over all taxes, fines, forfeitures, fees and amercements, the clerk of the court is entitled to a five percent (5%) commission. (2) In counties having a population of more than seven hundred thousand (700,000), according to the 1990 federal census or any subsequent federal census, the commission for receiving and paying over all taxes, fines, forfeitures, fees and amercements, shall be ten percent (10%), except as provided in subdivision (h)(3). (3) For receiving and paying over all privilege taxes on litigation, the clerk of the court is entitled to a six and seventy-five hundredths percent (6.75%) commission. The total amount of commissions receivable by the clerk of the court during any fiscal year shall not be less than the amount received by such clerk during the fiscal year ending June 30, 2005; provided, that if the statewide amount of litigation tax collected during such fiscal year is less than the amount collected during the fiscal year ending June 30, 2005, then the total amount of commissions receivable by the clerk of the court for that fiscal year shall be reduced by a percentage equal to the percentage reduction in statewide litigation tax collections for that fiscal year.
(1) Except as provided in subdivisions (h)(2) and (3), for receiving and paying over all taxes, fines, forfeitures, fees and amercements, the clerk of the court is entitled to a five percent (5%) commission.
(2) In counties having a population of more than seven hundred thousand (700,000), according to the 1990 federal census or any subsequent federal census, the commission for receiving and paying over all taxes, fines, forfeitures, fees and amercements, shall be ten percent (10%), except as provided in subdivision (h)(3).
(3) For receiving and paying over all privilege taxes on litigation, the clerk of the court is entitled to a six and seventy-five hundredths percent (6.75%) commission. The total amount of commissions receivable by the clerk of the court during any fiscal year shall not be less than the amount received by such clerk during the fiscal year ending June 30, 2005; provided, that if the statewide amount of litigation tax collected during such fiscal year is less than the amount collected during the fiscal year ending June 30, 2005, then the total amount of commissions receivable by the clerk of the court for that fiscal year shall be reduced by a percentage equal to the percentage reduction in statewide litigation tax collections for that fiscal year.
(i) Other Fees of Court Clerks. The following fees apply uniformly in all courts, general sessions, juvenile, probate, circuit or chancery, and may be charged in addition to the fees for cases listed in this section: (1) Standard Post-judgment Fee. Unless otherwise provided, court clerks in criminal and civil cases in all courts shall charge a standard post-judgment fee of twenty-five dollars ($25.00). This fee shall be charged per occurrence and shall be charged regardless of whether judgment is enforced by garnishment, execution, levy or other process. This fee shall also apply to post-judgment interrogatories, publications, motions to set installment payments, and orders and pleas. (2) For issuing a subpoena or subpoena duces tecum, the fee shall be six dollars ($6.00). (3) (A) In all cases in all courts, the clerk shall charge a fee of five dollars ($5.00) for each requested continuance. (B) In addition to the fee provided for in subdivision (i)(3)(A), the clerk shall also collect a courtroom security enhancement fee of two dollars ($2.00). The revenues from the two-dollar courtroom security enhancement fee shall be deposited into the county general fund. All revenue from this fee shall be used exclusively for the purposes of providing security and enhancing the security of court facilities in the county. For each fiscal year, the court security committee, created by § 16-2-505(d)(2) , shall develop and submit recommendations to the county legislative body regarding how such funds shall be utilized. (C) The fees for continuances shall be collected at the conclusion of the case. If multiple litigants request a continuance, the judge may assess these fees to one (1) or more parties. (4) For making copies as requested, other than for an original filing and other than when preparing a record upon appeal, the fee shall be fifty cents (50¢) per page. (5) For making certification and seal, providing a copy of an abstract, or providing driver license certification, the fee shall be five dollars ($5.00). (6) For receiving funds paid into court on confirmation of private sales or other funds paid into the clerk pursuant to court order, and collecting and paying out the proceeds, the fee shall be forty dollars ($40.00). This fee also applies where there is a pre-judgment judicial attachment or similar process to bring property into the court's possession prior to judgment. This fee shall not apply to payments of proceeds made pursuant to court order to any person from funds held by the clerk, except for court orders concerning a redemption of delinquent taxes property sale; in such case, the fee shall only be charged one (1) time against the total amount of proceeds generated from the property. (7) For selling real or personal property under decree of court, and receiving, collecting, and paying out the proceeds, a commission not to exceed three percent (3%) on the amount of sales. The clerk shall collect the sheriff's fee, plus the sheriff's fee for each additional defendant, in a proceeding to sell real estate. (8) The clerks of the various courts have the authority to invest idle funds held under their control, not otherwise invested. Such investments shall be in banks or savings and loan associations operating under the laws of the state or under the laws of the United States; provided, that such deposits are insured under the federal deposit insurance corporation. Such investments shall not exceed the amounts that are federally insured, unless otherwise fully collateralized under a written collateral agreement, or unless the funds are deposited with an institution that is a member of the state collateral pool. The interest on such investments shall become part of the fees of the court clerk and the clerk shall be required to account for interest received, the same as with other fees received. Any funds authorized to be invested may be invested by the clerk in the local government investment pool administered by the state treasurer. (9) Nothing in this section shall be construed to relieve the clerks of courts from the responsibility of investing funds held under their control, pursuant to court order or under the rules of court. The interest on those investments shall accrue to the benefit of those directed by the court or by agreement of the parties to the litigation. (10) For investing funds, the clerk shall receive a fee of five percent (5%) of the earnings of such investment. (11) For preparing a record on appeal from a court of record to an appellate court, the fee shall be three hundred dollars ($300). (12) Whenever the clerk is required by law or by a judge to send documents by certified or registered mail, the clerk is entitled to recover the clerk's actual costs for mailing the documents.
(1) Standard Post-judgment Fee. Unless otherwise provided, court clerks in criminal and civil cases in all courts shall charge a standard post-judgment fee of twenty-five dollars ($25.00). This fee shall be charged per occurrence and shall be charged regardless of whether judgment is enforced by garnishment, execution, levy or other process. This fee shall also apply to post-judgment interrogatories, publications, motions to set installment payments, and orders and pleas.
(2) For issuing a subpoena or subpoena duces tecum, the fee shall be six dollars ($6.00).
(3) (A) In all cases in all courts, the clerk shall charge a fee of five dollars ($5.00) for each requested continuance. (B) In addition to the fee provided for in subdivision (i)(3)(A), the clerk shall also collect a courtroom security enhancement fee of two dollars ($2.00). The revenues from the two-dollar courtroom security enhancement fee shall be deposited into the county general fund. All revenue from this fee shall be used exclusively for the purposes of providing security and enhancing the security of court facilities in the county. For each fiscal year, the court security committee, created by § 16-2-505(d)(2) , shall develop and submit recommendations to the county legislative body regarding how such funds shall be utilized. (C) The fees for continuances shall be collected at the conclusion of the case. If multiple litigants request a continuance, the judge may assess these fees to one (1) or more parties.
(A) In all cases in all courts, the clerk shall charge a fee of five dollars ($5.00) for each requested continuance.
(B) In addition to the fee provided for in subdivision (i)(3)(A), the clerk shall also collect a courtroom security enhancement fee of two dollars ($2.00). The revenues from the two-dollar courtroom security enhancement fee shall be deposited into the county general fund. All revenue from this fee shall be used exclusively for the purposes of providing security and enhancing the security of court facilities in the county. For each fiscal year, the court security committee, created by § 16-2-505(d)(2) , shall develop and submit recommendations to the county legislative body regarding how such funds shall be utilized.
(C) The fees for continuances shall be collected at the conclusion of the case. If multiple litigants request a continuance, the judge may assess these fees to one (1) or more parties.
(4) For making copies as requested, other than for an original filing and other than when preparing a record upon appeal, the fee shall be fifty cents (50¢) per page.
(5) For making certification and seal, providing a copy of an abstract, or providing driver license certification, the fee shall be five dollars ($5.00).
(6) For receiving funds paid into court on confirmation of private sales or other funds paid into the clerk pursuant to court order, and collecting and paying out the proceeds, the fee shall be forty dollars ($40.00). This fee also applies where there is a pre-judgment judicial attachment or similar process to bring property into the court's possession prior to judgment. This fee shall not apply to payments of proceeds made pursuant to court order to any person from funds held by the clerk, except for court orders concerning a redemption of delinquent taxes property sale; in such case, the fee shall only be charged one (1) time against the total amount of proceeds generated from the property.
(7) For selling real or personal property under decree of court, and receiving, collecting, and paying out the proceeds, a commission not to exceed three percent (3%) on the amount of sales. The clerk shall collect the sheriff's fee, plus the sheriff's fee for each additional defendant, in a proceeding to sell real estate.
(8) The clerks of the various courts have the authority to invest idle funds held under their control, not otherwise invested. Such investments shall be in banks or savings and loan associations operating under the laws of the state or under the laws of the United States; provided, that such deposits are insured under the federal deposit insurance corporation. Such investments shall not exceed the amounts that are federally insured, unless otherwise fully collateralized under a written collateral agreement, or unless the funds are deposited with an institution that is a member of the state collateral pool. The interest on such investments shall become part of the fees of the court clerk and the clerk shall be required to account for interest received, the same as with other fees received. Any funds authorized to be invested may be invested by the clerk in the local government investment pool administered by the state treasurer.
(9) Nothing in this section shall be construed to relieve the clerks of courts from the responsibility of investing funds held under their control, pursuant to court order or under the rules of court. The interest on those investments shall accrue to the benefit of those directed by the court or by agreement of the parties to the litigation.
(10) For investing funds, the clerk shall receive a fee of five percent (5%) of the earnings of such investment.
(11) For preparing a record on appeal from a court of record to an appellate court, the fee shall be three hundred dollars ($300).
(12) Whenever the clerk is required by law or by a judge to send documents by certified or registered mail, the clerk is entitled to recover the clerk's actual costs for mailing the documents.
(j) Earmarked Funds for Computerization. (1) Out of all the general filing fees charged by court clerks, two dollars ($2.00) of the amount collected shall be earmarked for computer hardware purchases or replacement, but may be used for other usual and necessary computer related expenses at the discretion of the clerk. Such amount shall be preserved for these purposes and shall not revert to the general fund at the end of a budget year if unexpended. (2) Effective July 1, 2012, all the general filing fees charged by court clerks shall be increased by two dollars ($2.00). The amount collected pursuant to this two-dollar increase shall be earmarked, along with the two dollars ($2.00) in subdivision (j)(1), for the purposes set forth in subdivision (j)(1), and shall be preserved for those purposes and shall not revert to the general fund at the end of a budget year if unexpended. Pursuant to subsection ( l ), the fees increased by this subdivision (j)(2) shall not be assessed against the state or otherwise represent a cost to the state in criminal cases, child support actions, mental health proceedings, actions under the Tennessee Adult Protection Act, compiled in title 71, chapter 6, part 1, actions with regard to child care licensing, and collection efforts brought by the department of human services.
(1) Out of all the general filing fees charged by court clerks, two dollars ($2.00) of the amount collected shall be earmarked for computer hardware purchases or replacement, but may be used for other usual and necessary computer related expenses at the discretion of the clerk. Such amount shall be preserved for these purposes and shall not revert to the general fund at the end of a budget year if unexpended.
(2) Effective July 1, 2012, all the general filing fees charged by court clerks shall be increased by two dollars ($2.00). The amount collected pursuant to this two-dollar increase shall be earmarked, along with the two dollars ($2.00) in subdivision (j)(1), for the purposes set forth in subdivision (j)(1), and shall be preserved for those purposes and shall not revert to the general fund at the end of a budget year if unexpended. Pursuant to subsection ( l ), the fees increased by this subdivision (j)(2) shall not be assessed against the state or otherwise represent a cost to the state in criminal cases, child support actions, mental health proceedings, actions under the Tennessee Adult Protection Act, compiled in title 71, chapter 6, part 1, actions with regard to child care licensing, and collection efforts brought by the department of human services.
(k) Costs in Extraordinary Cases. In any extraordinary cases, the clerk may petition the judge to award reasonable costs, in excess of the amounts provided in this section, to reimburse the clerk for the additional services demanded by the case. In such cases, the clerk may also petition the judge to require an appropriate cost bond. For the purposes of this subsection (k), an extraordinary case is defined as one in which there are ten (10) or more plaintiffs or ten (10) or more defendants.
(l) Charges to the State Unchanged. Notwithstanding any provision of this section to the contrary, any fees increased by this section that are assessed against the state or that otherwise represent a cost to the state in criminal cases, child support actions, mental health proceedings, actions under the Tennessee Adult Protection Act. compiled in title 71, chapter 6, part 1, actions with regard to child care licensing, and collection efforts brought by the department of human services, shall be limited to the amounts chargeable prior to January 1, 2006.
(m) Indigent Parties. No clerk shall be permitted to collect any fee authorized by this section without permitting any person the opportunity to institute a cause of action by means of a pauper's oath, in accordance with Rule 29 of the Rules of the Tennessee Supreme Court.
(n) Fees for Electronic Filing and Retrieval of Court Documents. (1) In any court where electronic filing, signing, or verification of papers has been authorized by local court rule and is in compliance with technological standards established by the supreme court, clerks may assess a transaction fee for each filing submitted by a party to the case. The transaction fee shall be limited to a maximum of five dollars ($5.00) per filing up to a maximum of fifty dollars ($50.00) per case. As an alternative to a transaction fee, clerks may assess an annual subscription fee for each registered user of the electronic filing system. The subscription fee shall permit the registered user unlimited electronic filing for a one-year period. The one-year period shall be defined by the clerk and shall be consistently maintained for all registered users of the electronic filing system. The annual subscription fee shall not exceed three hundred dollars ($300) for each annual period. Each of these fees shall be set in an amount necessary to defray the expenses associated with implementation and maintenance of the electronic filing and document retrieval system and shall be included in the local court rule authorizing it. Pursuant to subsection ( l ), these fees shall not be assessed against the state. (2) Pursuant to subsection (m), neither the transaction fee nor the subscription fee shall be assessed to a party declared indigent or to that indigent party's legal representative. (3) In any court where electronic filing, signing, or verification of papers has been authorized by local court rule, the state and any department or contractor of the state shall not be required to file documents electronically, notwithstanding any local court rule. (4) Neither the electronic filing transaction fee or subscription fee shall limit a clerk's statutory authority to charge subscription fees or transaction fees for obtaining copies of documents maintained by the clerk as part of an electronic filing system of a separate document management system.
(1) In any court where electronic filing, signing, or verification of papers has been authorized by local court rule and is in compliance with technological standards established by the supreme court, clerks may assess a transaction fee for each filing submitted by a party to the case. The transaction fee shall be limited to a maximum of five dollars ($5.00) per filing up to a maximum of fifty dollars ($50.00) per case. As an alternative to a transaction fee, clerks may assess an annual subscription fee for each registered user of the electronic filing system. The subscription fee shall permit the registered user unlimited electronic filing for a one-year period. The one-year period shall be defined by the clerk and shall be consistently maintained for all registered users of the electronic filing system. The annual subscription fee shall not exceed three hundred dollars ($300) for each annual period. Each of these fees shall be set in an amount necessary to defray the expenses associated with implementation and maintenance of the electronic filing and document retrieval system and shall be included in the local court rule authorizing it. Pursuant to subsection ( l ), these fees shall not be assessed against the state.
(2) Pursuant to subsection (m), neither the transaction fee nor the subscription fee shall be assessed to a party declared indigent or to that indigent party's legal representative.
(3) In any court where electronic filing, signing, or verification of papers has been authorized by local court rule, the state and any department or contractor of the state shall not be required to file documents electronically, notwithstanding any local court rule.
(4) Neither the electronic filing transaction fee or subscription fee shall limit a clerk's statutory authority to charge subscription fees or transaction fees for obtaining copies of documents maintained by the clerk as part of an electronic filing system of a separate document management system.
Amended by 2022 Tenn. Acts, ch. 665, s 5, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 665, s 4, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 539, s 1, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 539, s 2, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 475, s 1, eff. 7/1/2021.
Amended by 2020 Tenn. Acts, ch. 647, s 1, eff. 4/1/2020.
Code 1858, §§ 2306, 2844, 4551 (deriv. Acts 1837-1838, ch. 125, § 8); Acts 1897, ch. 6, § 5; 1897, ch. 9, § 2; 1897, ch. 96, § 1; 1899, ch. 96, §§ 67, 68; 1903, ch. 377, § 12; 1917, ch. 63, § 48; Shan., § 6388; Acts 1919, ch. 137, § 1; mod. Code 1932, § 10692; Acts 1951, ch. 157, § 1; 1957, ch. 59, § 1; 1961, ch. 131, § 1; 1961, ch. 202, § 1; 1965, ch. 355, § 1; 1972, ch. 813, §§ 1, 2; modified; 1974, ch. 556, § 1; impl. am. Acts 1976, ch. 529, § 23; Acts 1976, ch. 651, § 1; 1977, ch. 240, § 1; 1977, ch. 291, § 1; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 8-2115; Acts 1980, ch. 612, § 1; 1981, ch. 427, § 1; 1981, ch. 488, § 6; 1984, ch. 665, § 1; 1985, ch. 143, § 2; 1985, ch. 304, § 1; 1985, ch. 305, §§ 1, 2; 1986, ch. 701, § 1; 1986, ch. 755, §§ 1, 2; 1987, ch. 135, § 2; 1987, ch. 282, § 8; 1987, ch. 327, § 1; 1987, ch. 414, §§ 1-5; 1991, ch. 415, §§ 1, 2, 6; 1992, ch. 924, § 1; 1995, ch. 456, §§ 1-4; 1996, ch. 675, § 12; 1997 , ch. 384, §§ 1, 2; 1999, ch. 530, §§ 1 - 8; 2005, ch. 429, § 17; 2008 , ch. 1047, § 1; 2011 , ch. 234, § 1; 2012 , ch. 623, § 1; 2012 , ch. 798, § 2; 2012 , ch. 886, §§ 1, 2; 2012 , ch. 998, § 1; 2012, ch. 1039, § 1; 2013 , ch. 412, § 1; 2014 , ch. 912, § 1.
Tenn. Code Ann. § 8-4-115 — TN Code / Title 8 / Chapter 4 / Section 8-4-115
Standardized procedures for booking of arrestees
Status: in_force

(a) (1) The comptroller of the treasury, in consultation with the Tennessee bureau of investigation, the Tennessee Sheriff's Association, the Tennessee Association of Chiefs of Police, and the Tennessee corrections institute, developed standardized booking procedures which include: (A) A photograph of the arrestee; (B) (i) A set of fingerprints. If fingerprints are maintained manually, the booking agency shall mail two (2) sets of properly completed fingerprint cards to the Tennessee bureau of investigation. If fingerprints are transmitted to the Tennessee bureau of investigation electronically, the booking agency shall maintain with the arrest report one (1) hard copy of the fingerprints along with an acknowledgement from the Tennessee bureau of investigation that a copy of the fingerprints have been received and accepted; (ii) (a) When a person is arrested for a vehicular impairment offense, and fingerprints are maintained manually, the booking agency shall mail two (2) sets of properly completed fingerprint cards to the Tennessee bureau of investigation within five (5) business days of the person being booked for the offense; (b) If fingerprints of a person arrested for a vehicular impairment offense are transmitted to the Tennessee bureau of investigation electronically, the fingerprints shall be transmitted within up to five (5) business days of booking; (c) As used in this subdivision (a)(1)(B), "vehicular impairment offense" means the person is charged with a violation of § 39-13-106 , § 39-13-115 , § 39-13-213(a)(2) , § 39-13-218 , or § 55-10-401 ; (C) (i) Delivery to the appropriate local law enforcement agency of a completed judgment order containing the state control number, signed by a judge to be used by the local law enforcement agency for completion of an R-84 Disposition Card, except as provided in this subdivision (a)(1)(C). A local law enforcement agency shall provide a state control number printed on the R-84 Disposition Card and attached to the arresting document to the clerk within seven (7) business days of arrest so that the clerk or court can electronically submit final dispositions of criminal cases, including the state control number, to the Tennessee bureau of investigation. Unless otherwise authorized by the Tennessee bureau of investigation, all final dispositions shall be reported electronically. A formal disposition shall not be sent to the Tennessee bureau of investigation without the state control number or transaction control number being contained within the document; (ii) (a) When a person is convicted of a vehicular impairment offense, the clerk shall deliver the judgment order signed by the judge to the appropriate law enforcement agency within seven (7) business days of the date the judge signs the order. Upon receiving the judgment order from the clerk, the appropriate law enforcement agency shall have seven (7) business days to complete an R-84 Disposition Card on the person convicted and send it to the Tennessee bureau of investigation for entry into the National Crime Information Center (NCIC); (b) If a person is convicted of a vehicular impairment offense, in a county where the clerk and the law enforcement agency have implemented an automated process for the electronic submission of final dispositions for criminal cases that is certified by the Tennessee bureau of investigation, the conviction containing the state control number shall be transmitted by the clerk to the Tennessee bureau of investigation within two (2) business days of the judgment order being signed by the judge. The Tennessee bureau of investigation shall immediately enter the conviction into the National Crime Information Center (NCIC); (c) As used in this subdivision (a)(1)(C), "vehicular impairment offense" means the person was convicted of a violation of § 39-13-106 , § 39-13-115 , § 39-13-213(a)(2) , § 39-13-218 , or § 55-10-401 ; (D) An arrest report; and (E) Delivery to the appropriate court clerk office of a warrant or capias for offense containing the state control number assigned by the law enforcement agency upon the arrest of an individual to be recorded in the court information system of the court clerk office. (2) Notwithstanding § 8-8-201 or § 38-3-122 to the contrary, it shall be the duty of the law enforcement agency responsible for maintaining the arrested person's booking records to take the fingerprints from such person as required by such sections. (3) Where individuals are arrested multiple times for a violation of § 39-17-310 , the offense of public intoxication, the arresting officer shall note on the arrest report that fingerprints are on file for this individual pursuant to § 38-3-122(a) . (4) Compliance with these standardized booking procedures shall be the basis for the comptroller of the treasury determining compliance with the fingerprinting requirements of §§ 8-8-201(a)(35) and 38-3-122 . The Tennessee corrections institute and the law enforcement training academy shall train correctional personnel in municipal, county and metropolitan jurisdictions in the application of these standardized booking procedures. (b) The respective county or municipal legislative body shall appropriate funds for the respective sheriff's office or police department, including funds for personnel and supplies which are sufficient to comply with this section. (c) (1) The comptroller of the treasury shall audit or cause to be audited under title 4, chapter 3, part 3 and title 6, chapter 56, part 1, on an annual basis the sheriff's office or police department to determine whether or not such law enforcement agency is in compliance with the requirements of this section. If the comptroller of the treasury determines that a particular sheriff's office or police department is not in compliance with §§ 8-8-201(a)(35) , 38-3-122 and this section, the comptroller of the treasury, within thirty (30) days of such determination, shall notify such sheriff or police chief and the Tennessee peace officer standards and training commission of such noncompliance. (2) Such sheriff or police chief shall show cause to the Tennessee peace officer standards and training commission within thirty (30) days of notification why such sheriff or police chief should not be found to be in noncompliance with the requirements of §§ 8-8-201(a)(35) and 38-3-122 . If the appropriate sheriff or police chief does not respond or show good cause within thirty (30) days, the Tennessee peace officer standards and training commission shall forthwith decertify the appropriate sheriff or police chief and impound the supplement provided for such sheriff or police chief in § 38-8-111 . The Tennessee peace officer standards and training commission shall notify the comptroller of the treasury and both the sheriff and county commission or the police chief and city council of such action. (3) The burden shall be on such sheriff or police chief to demonstrate compliance to the Tennessee peace officer standards and training commission and if such sheriff or police chief is found to be in compliance with this section within sixty (60) days after decertification, the Tennessee peace officer standards and training commission shall rescind the decertification order and cause any salary supplement impounded to be returned to the appropriate sheriff or police chief except for one-twelfth ( 1 / 12 ) of the annual supplement. (d) In addition to any proceeding under chapter 47 of this title, the sheriff or police chief may be removed from office in accordance with this section. The comptroller of the treasury shall forward a copy of reports of noncompliance with this section by the sheriff or police chief to the district attorney general having jurisdiction and to the attorney general and reporter. The district attorney general and the attorney general and reporter shall each review the report and determine if there is sufficient cause for further investigation. If further investigation indicates willful misfeasance, malfeasance or nonfeasance by the sheriff or police chief, the district attorney general shall proceed pursuant to chapter 47 of this title, to remove the sheriff or police chief from office. This subsection (d) is effective for fingerprints taken or required to be taken on or after July 1, 1999. (e) Prior to purchasing an electronic fingerprint imaging system, the sheriff or municipal police department shall obtain certification from the Tennessee bureau of investigation that such equipment is compatible with the Tennessee bureau of investigation's and the federal bureau of investigation's integrated automated fingerprint identification system. (f) Subject to the approval of the general assembly, a portion of the funds derived from the additional privilege tax levied on all criminal cases instituted in this state as provided for in § 67-4-602(g) , may be appropriated to the Tennessee bureau of investigation for the purchase, installation, maintenance, and line charges of electronic fingerprint imaging systems. (g) Upon establishment of an automated system for final disposition reporting, clerks of the court shall submit final disposition reports containing the state control number electronically to the Tennessee bureau of investigation. Jurisdictions that submit final disposition reports electronically will cease the submission of R-84 Disposition Cards upon advisement from the Tennessee bureau of investigation. The submission of an electronic final disposition report containing the state control number shall have the same force and effect as the submission of the R-84 Disposition Card. (h) Any automated court information system being used or developed on or after July 1, 2005, including, but not limited to, the Tennessee court information system (TnCIS) being designed pursuant to § 16-3-803(h) , shall ensure that an electronic file of final disposition data, including the state control number, will be reported to the Tennessee bureau of investigation. The form, general content, time, and manner of submission of the electronic file of final disposition data, including the state control number, will comply with the rules prescribed by the Tennessee bureau of investigation. (i) As used in this section, unless the context otherwise requires: (1) "Final disposition" means a court document that reflects the outcome of a criminal case and includes: (A) The defendant's full name; (B) The defendant's social security number; (C) The defendant's date of birth; (D) The defendant's sex; (E) The defendant's race; (F) The county of arrest; (G) The class designation of the crime; (H) The state control number; (I) The date of arrest and date of offense; (J) The date of disposition and date of sentence imposed; (K) The criminal charge or charges convicted of; (L) Any fines, court costs, and restitution; (M) The case number and court number; (N) Whether the defendant is sentenced to confinement in the Tennessee department of correction, a county jail, or workhouse; (O) Whether the defendant was sentenced to supervised or unsupervised probation or to community correction; and (P) Whether diversion was ordered; (2) "Finger printing agency" means any entity approved by the Tennessee bureau of investigation responsible for the submission of fingerprint arrests in a Tennessee municipality or county; including a state or local law enforcement agency, sheriff's office, or police department; and (3) "State control number" means a unique twelve (12) digit number generated and printed by a live scan device or automated fingerprint identification system (AFIS) for the purpose of identifying, tracking, or referencing a criminal transaction. Amended by 2018 Tenn. Acts, ch. 824, Secs.s 2, s 3, s 4 eff. 1/1/2019. Amended by 2018 Tenn. Acts, ch. 824, s 1, eff. 1/1/2019. Amended by 2016 Tenn. Acts, ch. 718, s 2, eff. 7/1/2016. Amended by 2016 Tenn. Acts, ch. 718, s 1, eff. 7/1/2016. Acts 1997 , ch. 502, § 4; 1998, ch. 994, §§ 1 - 5; 2003 , ch. 90, § 2; 2004, ch. 869, §§ 1 - 5; 2008 , ch. 701, §§ 1 - 5.
(a) (1) The comptroller of the treasury, in consultation with the Tennessee bureau of investigation, the Tennessee Sheriff's Association, the Tennessee Association of Chiefs of Police, and the Tennessee corrections institute, developed standardized booking procedures which include: (A) A photograph of the arrestee; (B) (i) A set of fingerprints. If fingerprints are maintained manually, the booking agency shall mail two (2) sets of properly completed fingerprint cards to the Tennessee bureau of investigation. If fingerprints are transmitted to the Tennessee bureau of investigation electronically, the booking agency shall maintain with the arrest report one (1) hard copy of the fingerprints along with an acknowledgement from the Tennessee bureau of investigation that a copy of the fingerprints have been received and accepted; (ii) (a) When a person is arrested for a vehicular impairment offense, and fingerprints are maintained manually, the booking agency shall mail two (2) sets of properly completed fingerprint cards to the Tennessee bureau of investigation within five (5) business days of the person being booked for the offense; (b) If fingerprints of a person arrested for a vehicular impairment offense are transmitted to the Tennessee bureau of investigation electronically, the fingerprints shall be transmitted within up to five (5) business days of booking; (c) As used in this subdivision (a)(1)(B), "vehicular impairment offense" means the person is charged with a violation of § 39-13-106 , § 39-13-115 , § 39-13-213(a)(2) , § 39-13-218 , or § 55-10-401 ; (C) (i) Delivery to the appropriate local law enforcement agency of a completed judgment order containing the state control number, signed by a judge to be used by the local law enforcement agency for completion of an R-84 Disposition Card, except as provided in this subdivision (a)(1)(C). A local law enforcement agency shall provide a state control number printed on the R-84 Disposition Card and attached to the arresting document to the clerk within seven (7) business days of arrest so that the clerk or court can electronically submit final dispositions of criminal cases, including the state control number, to the Tennessee bureau of investigation. Unless otherwise authorized by the Tennessee bureau of investigation, all final dispositions shall be reported electronically. A formal disposition shall not be sent to the Tennessee bureau of investigation without the state control number or transaction control number being contained within the document; (ii) (a) When a person is convicted of a vehicular impairment offense, the clerk shall deliver the judgment order signed by the judge to the appropriate law enforcement agency within seven (7) business days of the date the judge signs the order. Upon receiving the judgment order from the clerk, the appropriate law enforcement agency shall have seven (7) business days to complete an R-84 Disposition Card on the person convicted and send it to the Tennessee bureau of investigation for entry into the National Crime Information Center (NCIC); (b) If a person is convicted of a vehicular impairment offense, in a county where the clerk and the law enforcement agency have implemented an automated process for the electronic submission of final dispositions for criminal cases that is certified by the Tennessee bureau of investigation, the conviction containing the state control number shall be transmitted by the clerk to the Tennessee bureau of investigation within two (2) business days of the judgment order being signed by the judge. The Tennessee bureau of investigation shall immediately enter the conviction into the National Crime Information Center (NCIC); (c) As used in this subdivision (a)(1)(C), "vehicular impairment offense" means the person was convicted of a violation of § 39-13-106 , § 39-13-115 , § 39-13-213(a)(2) , § 39-13-218 , or § 55-10-401 ; (D) An arrest report; and (E) Delivery to the appropriate court clerk office of a warrant or capias for offense containing the state control number assigned by the law enforcement agency upon the arrest of an individual to be recorded in the court information system of the court clerk office. (2) Notwithstanding § 8-8-201 or § 38-3-122 to the contrary, it shall be the duty of the law enforcement agency responsible for maintaining the arrested person's booking records to take the fingerprints from such person as required by such sections. (3) Where individuals are arrested multiple times for a violation of § 39-17-310 , the offense of public intoxication, the arresting officer shall note on the arrest report that fingerprints are on file for this individual pursuant to § 38-3-122(a) . (4) Compliance with these standardized booking procedures shall be the basis for the comptroller of the treasury determining compliance with the fingerprinting requirements of §§ 8-8-201(a)(35) and 38-3-122 . The Tennessee corrections institute and the law enforcement training academy shall train correctional personnel in municipal, county and metropolitan jurisdictions in the application of these standardized booking procedures.
(1) The comptroller of the treasury, in consultation with the Tennessee bureau of investigation, the Tennessee Sheriff's Association, the Tennessee Association of Chiefs of Police, and the Tennessee corrections institute, developed standardized booking procedures which include: (A) A photograph of the arrestee; (B) (i) A set of fingerprints. If fingerprints are maintained manually, the booking agency shall mail two (2) sets of properly completed fingerprint cards to the Tennessee bureau of investigation. If fingerprints are transmitted to the Tennessee bureau of investigation electronically, the booking agency shall maintain with the arrest report one (1) hard copy of the fingerprints along with an acknowledgement from the Tennessee bureau of investigation that a copy of the fingerprints have been received and accepted; (ii) (a) When a person is arrested for a vehicular impairment offense, and fingerprints are maintained manually, the booking agency shall mail two (2) sets of properly completed fingerprint cards to the Tennessee bureau of investigation within five (5) business days of the person being booked for the offense; (b) If fingerprints of a person arrested for a vehicular impairment offense are transmitted to the Tennessee bureau of investigation electronically, the fingerprints shall be transmitted within up to five (5) business days of booking; (c) As used in this subdivision (a)(1)(B), "vehicular impairment offense" means the person is charged with a violation of § 39-13-106 , § 39-13-115 , § 39-13-213(a)(2) , § 39-13-218 , or § 55-10-401 ; (C) (i) Delivery to the appropriate local law enforcement agency of a completed judgment order containing the state control number, signed by a judge to be used by the local law enforcement agency for completion of an R-84 Disposition Card, except as provided in this subdivision (a)(1)(C). A local law enforcement agency shall provide a state control number printed on the R-84 Disposition Card and attached to the arresting document to the clerk within seven (7) business days of arrest so that the clerk or court can electronically submit final dispositions of criminal cases, including the state control number, to the Tennessee bureau of investigation. Unless otherwise authorized by the Tennessee bureau of investigation, all final dispositions shall be reported electronically. A formal disposition shall not be sent to the Tennessee bureau of investigation without the state control number or transaction control number being contained within the document; (ii) (a) When a person is convicted of a vehicular impairment offense, the clerk shall deliver the judgment order signed by the judge to the appropriate law enforcement agency within seven (7) business days of the date the judge signs the order. Upon receiving the judgment order from the clerk, the appropriate law enforcement agency shall have seven (7) business days to complete an R-84 Disposition Card on the person convicted and send it to the Tennessee bureau of investigation for entry into the National Crime Information Center (NCIC); (b) If a person is convicted of a vehicular impairment offense, in a county where the clerk and the law enforcement agency have implemented an automated process for the electronic submission of final dispositions for criminal cases that is certified by the Tennessee bureau of investigation, the conviction containing the state control number shall be transmitted by the clerk to the Tennessee bureau of investigation within two (2) business days of the judgment order being signed by the judge. The Tennessee bureau of investigation shall immediately enter the conviction into the National Crime Information Center (NCIC); (c) As used in this subdivision (a)(1)(C), "vehicular impairment offense" means the person was convicted of a violation of § 39-13-106 , § 39-13-115 , § 39-13-213(a)(2) , § 39-13-218 , or § 55-10-401 ; (D) An arrest report; and (E) Delivery to the appropriate court clerk office of a warrant or capias for offense containing the state control number assigned by the law enforcement agency upon the arrest of an individual to be recorded in the court information system of the court clerk office.
(A) A photograph of the arrestee;
(B) (i) A set of fingerprints. If fingerprints are maintained manually, the booking agency shall mail two (2) sets of properly completed fingerprint cards to the Tennessee bureau of investigation. If fingerprints are transmitted to the Tennessee bureau of investigation electronically, the booking agency shall maintain with the arrest report one (1) hard copy of the fingerprints along with an acknowledgement from the Tennessee bureau of investigation that a copy of the fingerprints have been received and accepted; (ii) (a) When a person is arrested for a vehicular impairment offense, and fingerprints are maintained manually, the booking agency shall mail two (2) sets of properly completed fingerprint cards to the Tennessee bureau of investigation within five (5) business days of the person being booked for the offense; (b) If fingerprints of a person arrested for a vehicular impairment offense are transmitted to the Tennessee bureau of investigation electronically, the fingerprints shall be transmitted within up to five (5) business days of booking; (c) As used in this subdivision (a)(1)(B), "vehicular impairment offense" means the person is charged with a violation of § 39-13-106 , § 39-13-115 , § 39-13-213(a)(2) , § 39-13-218 , or § 55-10-401 ;
(i) A set of fingerprints. If fingerprints are maintained manually, the booking agency shall mail two (2) sets of properly completed fingerprint cards to the Tennessee bureau of investigation. If fingerprints are transmitted to the Tennessee bureau of investigation electronically, the booking agency shall maintain with the arrest report one (1) hard copy of the fingerprints along with an acknowledgement from the Tennessee bureau of investigation that a copy of the fingerprints have been received and accepted;
(ii) (a) When a person is arrested for a vehicular impairment offense, and fingerprints are maintained manually, the booking agency shall mail two (2) sets of properly completed fingerprint cards to the Tennessee bureau of investigation within five (5) business days of the person being booked for the offense; (b) If fingerprints of a person arrested for a vehicular impairment offense are transmitted to the Tennessee bureau of investigation electronically, the fingerprints shall be transmitted within up to five (5) business days of booking; (c) As used in this subdivision (a)(1)(B), "vehicular impairment offense" means the person is charged with a violation of § 39-13-106 , § 39-13-115 , § 39-13-213(a)(2) , § 39-13-218 , or § 55-10-401 ;
(a) When a person is arrested for a vehicular impairment offense, and fingerprints are maintained manually, the booking agency shall mail two (2) sets of properly completed fingerprint cards to the Tennessee bureau of investigation within five (5) business days of the person being booked for the offense;
(b) If fingerprints of a person arrested for a vehicular impairment offense are transmitted to the Tennessee bureau of investigation electronically, the fingerprints shall be transmitted within up to five (5) business days of booking;
(c) As used in this subdivision (a)(1)(B), "vehicular impairment offense" means the person is charged with a violation of § 39-13-106 , § 39-13-115 , § 39-13-213(a)(2) , § 39-13-218 , or § 55-10-401 ;
(C) (i) Delivery to the appropriate local law enforcement agency of a completed judgment order containing the state control number, signed by a judge to be used by the local law enforcement agency for completion of an R-84 Disposition Card, except as provided in this subdivision (a)(1)(C). A local law enforcement agency shall provide a state control number printed on the R-84 Disposition Card and attached to the arresting document to the clerk within seven (7) business days of arrest so that the clerk or court can electronically submit final dispositions of criminal cases, including the state control number, to the Tennessee bureau of investigation. Unless otherwise authorized by the Tennessee bureau of investigation, all final dispositions shall be reported electronically. A formal disposition shall not be sent to the Tennessee bureau of investigation without the state control number or transaction control number being contained within the document; (ii) (a) When a person is convicted of a vehicular impairment offense, the clerk shall deliver the judgment order signed by the judge to the appropriate law enforcement agency within seven (7) business days of the date the judge signs the order. Upon receiving the judgment order from the clerk, the appropriate law enforcement agency shall have seven (7) business days to complete an R-84 Disposition Card on the person convicted and send it to the Tennessee bureau of investigation for entry into the National Crime Information Center (NCIC); (b) If a person is convicted of a vehicular impairment offense, in a county where the clerk and the law enforcement agency have implemented an automated process for the electronic submission of final dispositions for criminal cases that is certified by the Tennessee bureau of investigation, the conviction containing the state control number shall be transmitted by the clerk to the Tennessee bureau of investigation within two (2) business days of the judgment order being signed by the judge. The Tennessee bureau of investigation shall immediately enter the conviction into the National Crime Information Center (NCIC); (c) As used in this subdivision (a)(1)(C), "vehicular impairment offense" means the person was convicted of a violation of § 39-13-106 , § 39-13-115 , § 39-13-213(a)(2) , § 39-13-218 , or § 55-10-401 ;
(i) Delivery to the appropriate local law enforcement agency of a completed judgment order containing the state control number, signed by a judge to be used by the local law enforcement agency for completion of an R-84 Disposition Card, except as provided in this subdivision (a)(1)(C). A local law enforcement agency shall provide a state control number printed on the R-84 Disposition Card and attached to the arresting document to the clerk within seven (7) business days of arrest so that the clerk or court can electronically submit final dispositions of criminal cases, including the state control number, to the Tennessee bureau of investigation. Unless otherwise authorized by the Tennessee bureau of investigation, all final dispositions shall be reported electronically. A formal disposition shall not be sent to the Tennessee bureau of investigation without the state control number or transaction control number being contained within the document;
(ii) (a) When a person is convicted of a vehicular impairment offense, the clerk shall deliver the judgment order signed by the judge to the appropriate law enforcement agency within seven (7) business days of the date the judge signs the order. Upon receiving the judgment order from the clerk, the appropriate law enforcement agency shall have seven (7) business days to complete an R-84 Disposition Card on the person convicted and send it to the Tennessee bureau of investigation for entry into the National Crime Information Center (NCIC); (b) If a person is convicted of a vehicular impairment offense, in a county where the clerk and the law enforcement agency have implemented an automated process for the electronic submission of final dispositions for criminal cases that is certified by the Tennessee bureau of investigation, the conviction containing the state control number shall be transmitted by the clerk to the Tennessee bureau of investigation within two (2) business days of the judgment order being signed by the judge. The Tennessee bureau of investigation shall immediately enter the conviction into the National Crime Information Center (NCIC); (c) As used in this subdivision (a)(1)(C), "vehicular impairment offense" means the person was convicted of a violation of § 39-13-106 , § 39-13-115 , § 39-13-213(a)(2) , § 39-13-218 , or § 55-10-401 ;
(a) When a person is convicted of a vehicular impairment offense, the clerk shall deliver the judgment order signed by the judge to the appropriate law enforcement agency within seven (7) business days of the date the judge signs the order. Upon receiving the judgment order from the clerk, the appropriate law enforcement agency shall have seven (7) business days to complete an R-84 Disposition Card on the person convicted and send it to the Tennessee bureau of investigation for entry into the National Crime Information Center (NCIC);
(b) If a person is convicted of a vehicular impairment offense, in a county where the clerk and the law enforcement agency have implemented an automated process for the electronic submission of final dispositions for criminal cases that is certified by the Tennessee bureau of investigation, the conviction containing the state control number shall be transmitted by the clerk to the Tennessee bureau of investigation within two (2) business days of the judgment order being signed by the judge. The Tennessee bureau of investigation shall immediately enter the conviction into the National Crime Information Center (NCIC);
(c) As used in this subdivision (a)(1)(C), "vehicular impairment offense" means the person was convicted of a violation of § 39-13-106 , § 39-13-115 , § 39-13-213(a)(2) , § 39-13-218 , or § 55-10-401 ;
(D) An arrest report; and
(E) Delivery to the appropriate court clerk office of a warrant or capias for offense containing the state control number assigned by the law enforcement agency upon the arrest of an individual to be recorded in the court information system of the court clerk office.
(2) Notwithstanding § 8-8-201 or § 38-3-122 to the contrary, it shall be the duty of the law enforcement agency responsible for maintaining the arrested person's booking records to take the fingerprints from such person as required by such sections.
(3) Where individuals are arrested multiple times for a violation of § 39-17-310 , the offense of public intoxication, the arresting officer shall note on the arrest report that fingerprints are on file for this individual pursuant to § 38-3-122(a) .
(4) Compliance with these standardized booking procedures shall be the basis for the comptroller of the treasury determining compliance with the fingerprinting requirements of §§ 8-8-201(a)(35) and 38-3-122 . The Tennessee corrections institute and the law enforcement training academy shall train correctional personnel in municipal, county and metropolitan jurisdictions in the application of these standardized booking procedures.
(b) The respective county or municipal legislative body shall appropriate funds for the respective sheriff's office or police department, including funds for personnel and supplies which are sufficient to comply with this section.
(c) (1) The comptroller of the treasury shall audit or cause to be audited under title 4, chapter 3, part 3 and title 6, chapter 56, part 1, on an annual basis the sheriff's office or police department to determine whether or not such law enforcement agency is in compliance with the requirements of this section. If the comptroller of the treasury determines that a particular sheriff's office or police department is not in compliance with §§ 8-8-201(a)(35) , 38-3-122 and this section, the comptroller of the treasury, within thirty (30) days of such determination, shall notify such sheriff or police chief and the Tennessee peace officer standards and training commission of such noncompliance. (2) Such sheriff or police chief shall show cause to the Tennessee peace officer standards and training commission within thirty (30) days of notification why such sheriff or police chief should not be found to be in noncompliance with the requirements of §§ 8-8-201(a)(35) and 38-3-122 . If the appropriate sheriff or police chief does not respond or show good cause within thirty (30) days, the Tennessee peace officer standards and training commission shall forthwith decertify the appropriate sheriff or police chief and impound the supplement provided for such sheriff or police chief in § 38-8-111 . The Tennessee peace officer standards and training commission shall notify the comptroller of the treasury and both the sheriff and county commission or the police chief and city council of such action. (3) The burden shall be on such sheriff or police chief to demonstrate compliance to the Tennessee peace officer standards and training commission and if such sheriff or police chief is found to be in compliance with this section within sixty (60) days after decertification, the Tennessee peace officer standards and training commission shall rescind the decertification order and cause any salary supplement impounded to be returned to the appropriate sheriff or police chief except for one-twelfth ( 1 / 12 ) of the annual supplement.
(1) The comptroller of the treasury shall audit or cause to be audited under title 4, chapter 3, part 3 and title 6, chapter 56, part 1, on an annual basis the sheriff's office or police department to determine whether or not such law enforcement agency is in compliance with the requirements of this section. If the comptroller of the treasury determines that a particular sheriff's office or police department is not in compliance with §§ 8-8-201(a)(35) , 38-3-122 and this section, the comptroller of the treasury, within thirty (30) days of such determination, shall notify such sheriff or police chief and the Tennessee peace officer standards and training commission of such noncompliance.
(2) Such sheriff or police chief shall show cause to the Tennessee peace officer standards and training commission within thirty (30) days of notification why such sheriff or police chief should not be found to be in noncompliance with the requirements of §§ 8-8-201(a)(35) and 38-3-122 . If the appropriate sheriff or police chief does not respond or show good cause within thirty (30) days, the Tennessee peace officer standards and training commission shall forthwith decertify the appropriate sheriff or police chief and impound the supplement provided for such sheriff or police chief in § 38-8-111 . The Tennessee peace officer standards and training commission shall notify the comptroller of the treasury and both the sheriff and county commission or the police chief and city council of such action.
(3) The burden shall be on such sheriff or police chief to demonstrate compliance to the Tennessee peace officer standards and training commission and if such sheriff or police chief is found to be in compliance with this section within sixty (60) days after decertification, the Tennessee peace officer standards and training commission shall rescind the decertification order and cause any salary supplement impounded to be returned to the appropriate sheriff or police chief except for one-twelfth ( 1 / 12 ) of the annual supplement.
(d) In addition to any proceeding under chapter 47 of this title, the sheriff or police chief may be removed from office in accordance with this section. The comptroller of the treasury shall forward a copy of reports of noncompliance with this section by the sheriff or police chief to the district attorney general having jurisdiction and to the attorney general and reporter. The district attorney general and the attorney general and reporter shall each review the report and determine if there is sufficient cause for further investigation. If further investigation indicates willful misfeasance, malfeasance or nonfeasance by the sheriff or police chief, the district attorney general shall proceed pursuant to chapter 47 of this title, to remove the sheriff or police chief from office. This subsection (d) is effective for fingerprints taken or required to be taken on or after July 1, 1999.
(e) Prior to purchasing an electronic fingerprint imaging system, the sheriff or municipal police department shall obtain certification from the Tennessee bureau of investigation that such equipment is compatible with the Tennessee bureau of investigation's and the federal bureau of investigation's integrated automated fingerprint identification system.
(f) Subject to the approval of the general assembly, a portion of the funds derived from the additional privilege tax levied on all criminal cases instituted in this state as provided for in § 67-4-602(g) , may be appropriated to the Tennessee bureau of investigation for the purchase, installation, maintenance, and line charges of electronic fingerprint imaging systems.
(g) Upon establishment of an automated system for final disposition reporting, clerks of the court shall submit final disposition reports containing the state control number electronically to the Tennessee bureau of investigation. Jurisdictions that submit final disposition reports electronically will cease the submission of R-84 Disposition Cards upon advisement from the Tennessee bureau of investigation. The submission of an electronic final disposition report containing the state control number shall have the same force and effect as the submission of the R-84 Disposition Card.
(h) Any automated court information system being used or developed on or after July 1, 2005, including, but not limited to, the Tennessee court information system (TnCIS) being designed pursuant to § 16-3-803(h) , shall ensure that an electronic file of final disposition data, including the state control number, will be reported to the Tennessee bureau of investigation. The form, general content, time, and manner of submission of the electronic file of final disposition data, including the state control number, will comply with the rules prescribed by the Tennessee bureau of investigation.
(i) As used in this section, unless the context otherwise requires: (1) "Final disposition" means a court document that reflects the outcome of a criminal case and includes: (A) The defendant's full name; (B) The defendant's social security number; (C) The defendant's date of birth; (D) The defendant's sex; (E) The defendant's race; (F) The county of arrest; (G) The class designation of the crime; (H) The state control number; (I) The date of arrest and date of offense; (J) The date of disposition and date of sentence imposed; (K) The criminal charge or charges convicted of; (L) Any fines, court costs, and restitution; (M) The case number and court number; (N) Whether the defendant is sentenced to confinement in the Tennessee department of correction, a county jail, or workhouse; (O) Whether the defendant was sentenced to supervised or unsupervised probation or to community correction; and (P) Whether diversion was ordered; (2) "Finger printing agency" means any entity approved by the Tennessee bureau of investigation responsible for the submission of fingerprint arrests in a Tennessee municipality or county; including a state or local law enforcement agency, sheriff's office, or police department; and (3) "State control number" means a unique twelve (12) digit number generated and printed by a live scan device or automated fingerprint identification system (AFIS) for the purpose of identifying, tracking, or referencing a criminal transaction.
(1) "Final disposition" means a court document that reflects the outcome of a criminal case and includes: (A) The defendant's full name; (B) The defendant's social security number; (C) The defendant's date of birth; (D) The defendant's sex; (E) The defendant's race; (F) The county of arrest; (G) The class designation of the crime; (H) The state control number; (I) The date of arrest and date of offense; (J) The date of disposition and date of sentence imposed; (K) The criminal charge or charges convicted of; (L) Any fines, court costs, and restitution; (M) The case number and court number; (N) Whether the defendant is sentenced to confinement in the Tennessee department of correction, a county jail, or workhouse; (O) Whether the defendant was sentenced to supervised or unsupervised probation or to community correction; and (P) Whether diversion was ordered;
(A) The defendant's full name;
(B) The defendant's social security number;
(C) The defendant's date of birth;
(D) The defendant's sex;
(E) The defendant's race;
(F) The county of arrest;
(G) The class designation of the crime;
(H) The state control number;
(I) The date of arrest and date of offense;
(J) The date of disposition and date of sentence imposed;
(K) The criminal charge or charges convicted of;
(L) Any fines, court costs, and restitution;
(M) The case number and court number;
(N) Whether the defendant is sentenced to confinement in the Tennessee department of correction, a county jail, or workhouse;
(O) Whether the defendant was sentenced to supervised or unsupervised probation or to community correction; and
(P) Whether diversion was ordered;
(2) "Finger printing agency" means any entity approved by the Tennessee bureau of investigation responsible for the submission of fingerprint arrests in a Tennessee municipality or county; including a state or local law enforcement agency, sheriff's office, or police department; and
(3) "State control number" means a unique twelve (12) digit number generated and printed by a live scan device or automated fingerprint identification system (AFIS) for the purpose of identifying, tracking, or referencing a criminal transaction.
Amended by 2018 Tenn. Acts, ch. 824, Secs.s 2, s 3, s 4 eff. 1/1/2019.
Amended by 2018 Tenn. Acts, ch. 824, s 1, eff. 1/1/2019.
Amended by 2016 Tenn. Acts, ch. 718, s 2, eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 718, s 1, eff. 7/1/2016.
Acts 1997 , ch. 502, § 4; 1998, ch. 994, §§ 1 - 5; 2003 , ch. 90, § 2; 2004, ch. 869, §§ 1 - 5; 2008 , ch. 701, §§ 1 - 5.
Tenn. Code Ann. § 8-25-107 — TN Code / Title 8 / Chapter 25 / Section 8-25-107
Other benefits unaffected by deferral
Status: in_force

Notwithstanding another law to the contrary, and except as provided in § 8-34-101(14)(D) , any compensation deferred under this part must be considered part of an employee's compensation for purposes of another employee retirement, pension, or benefit program. A deferral of income under the deferred compensation program shall not effect a reduction of any retirement, pension, or other benefit program provided by law. Amended by 2024 Tenn. Acts, ch. 605,s 4, eff. 3/27/2024. Acts 1973, ch. 359, § 7; T.C.A., § 8-4307.
Notwithstanding another law to the contrary, and except as provided in § 8-34-101(14)(D) , any compensation deferred under this part must be considered part of an employee's compensation for purposes of another employee retirement, pension, or benefit program. A deferral of income under the deferred compensation program shall not effect a reduction of any retirement, pension, or other benefit program provided by law.
Amended by 2024 Tenn. Acts, ch. 605,s 4, eff. 3/27/2024.
Acts 1973, ch. 359, § 7; T.C.A., § 8-4307.
Tenn. Code Ann. § 8-44-108 — TN Code / Title 8 / Chapter 44 / Section 8-44-108
Participation by electronic or other means
Status: in_force

(a) As used in this section, unless the context otherwise requires: (1) "Electronic means of communication" means communication by video conference or audio conference and may include the use of an internet-based platform, but does not include email; (2) "Governing body" means the governing body of a board, agency, or commission of state government, including state debt issuers; (3) "Meeting" has the same definition as defined in § 8-44-102 ; (4) "Necessity" means that the matters to be considered by the governing body at that meeting require timely action by the body, that physical presence by a quorum of the members is not practical within the period of time requiring action, and that participation by a quorum of the members by electronic or other means of communication is necessary; and (5) "State debt issuers" means the Tennessee state funding board, Tennessee local development authority, Tennessee housing development agency, and Tennessee state school bond authority, and any of their committees. (b) (1) A governing body may, but is not required to, allow participation by electronic or other means of communication for the benefit of the public and the governing body in connection with any meeting authorized by law; provided, that a physical quorum is present at the location specified in the notice of the meeting as the location of the meeting. (2) If a physical quorum is not present at the location of a meeting of a governing body, then in order for a quorum of members to participate by electronic or other means of communication, the governing body must make a determination that a necessity exists. Such determination, and a recitation of the facts and circumstances on which it was based, must be included in the minutes of the meeting. (3) If a physical quorum is not present at the location of a meeting of a governing body other than a state debt issuer, the governing body other than a state debt issuer must file such determination of necessity, including the recitation of the facts and circumstances on which it was based, with the office of secretary of state no later than two (2) working days after the meeting. The secretary of state shall report, no less than annually, to the general assembly as to the filings of the determinations of necessity. This subdivision (b)(3) does not apply to the board of regents, the board of trustees of the University of Tennessee, the Tennessee higher education commission, a state university board, or an advisory board for a University of Tennessee system if the advisory board has had a physical quorum present at the location of the advisory board meeting at least one (1) time in the previous twelve (12) months. (4) Nothing in this section shall prohibit a governing body from complying with § 8-44-109 . (c) (1) Any meeting held pursuant to the terms of this section shall comply with the requirements of the Open Meetings Law, codified in this part, and shall not circumvent the spirit or requirements of that law. (2) If a meeting will be conducted permitting participation by members by electronic means of communication, then the governing body shall allow members of the public who are not in attendance at the physical location of the meeting to: (A) (i) View and listen to the meeting by electronic means in real time, if the meeting is conducted using video conference; or (ii) Listen to the meeting by electronic means in real time, if the meeting is conducted with audio only with no video; and (B) Participate or provide comment by electronic means of communication, if participation or public comment would normally be allowed at the meeting. (3) A notice required by this part or other law and the agenda for the meeting must: (A) State that the meeting will include members of the governing body who are participating by electronic means of communication; (B) Contain information necessary for members of the public to access the meeting by electronic means to view or listen; and (C) Contain instructions on how to provide public comment by electronic means of communication, which may include contacting the governing body or registering in advance to receive information enabling a person to provide public comment by electronic means. This subdivision (c)(3)(C) does not require a governing body to allow public comment as part of its meetings or alter its rules for public comment or public participation in a meeting. (4) A governing body that conducts a meeting allowing participation by electronic means of communication shall make a recording of the meeting, and post the recording or a link to the recording on its website that contains information about the governing body and its meetings. The governing body shall post the recording or link to the recording as soon as possible but no later than three (3) business days after the meeting. The governing body shall retain the recording or link for at least three (3) years after the recording was created. (5) Each part of a meeting required to be open to the public shall be audible to the public at the location specified in the notice of the meeting as the location of the meeting. Each member participating electronically or otherwise must be able to simultaneously hear each other and speak to each other during the meeting. Any member participating in such fashion shall identify the persons present in the location from which the member is participating. (6) Any member of a governing body not physically present at a meeting shall be provided, before the meeting, with any documents that will be discussed at the meeting, with substantially the same content as those documents actually presented. (7) All votes taken during a meeting held pursuant to the terms of this section shall be by roll call vote. (8) A member participating in a meeting by this means is deemed to be present in person at the meeting for purposes of voting, but not for purposes of determining per diem eligibility. However, a member may be reimbursed expenses of such electronic communication or other means of participation. (d) Notwithstanding this chapter to the contrary, members of an emergency communications district board of directors may participate in meetings by any electronic means approved by such board. A board member who participates in a meeting electronically under this subsection (d) is present for purposes of creating a quorum and voting on matters presented to the board for consideration during the meeting to the same extent as a board member who is physically present at the meeting. Subdivisions (c)(1)-(6) apply to meetings held pursuant to this subsection (d). Amended by 2022 Tenn. Acts, ch. 856, Secs.s2, s3, s4 eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 856, s 1, eff. 7/1/2022. Amended by 2020 Tenn. Acts, ch. 692, s 2, eff. 6/11/2020. Amended by 2017 Tenn. Acts, ch. 217, s 2, eff. 4/28/2017. Acts 1990, ch. 815, § 1; 1999, ch. 490, § 1; 2005, ch. 82, § 1; 2008 , ch. 923, § 1; 2012, ch. 1054, § 3.
(a) As used in this section, unless the context otherwise requires: (1) "Electronic means of communication" means communication by video conference or audio conference and may include the use of an internet-based platform, but does not include email; (2) "Governing body" means the governing body of a board, agency, or commission of state government, including state debt issuers; (3) "Meeting" has the same definition as defined in § 8-44-102 ; (4) "Necessity" means that the matters to be considered by the governing body at that meeting require timely action by the body, that physical presence by a quorum of the members is not practical within the period of time requiring action, and that participation by a quorum of the members by electronic or other means of communication is necessary; and (5) "State debt issuers" means the Tennessee state funding board, Tennessee local development authority, Tennessee housing development agency, and Tennessee state school bond authority, and any of their committees.
(1) "Electronic means of communication" means communication by video conference or audio conference and may include the use of an internet-based platform, but does not include email;
(2) "Governing body" means the governing body of a board, agency, or commission of state government, including state debt issuers;
(3) "Meeting" has the same definition as defined in § 8-44-102 ;
(4) "Necessity" means that the matters to be considered by the governing body at that meeting require timely action by the body, that physical presence by a quorum of the members is not practical within the period of time requiring action, and that participation by a quorum of the members by electronic or other means of communication is necessary; and
(5) "State debt issuers" means the Tennessee state funding board, Tennessee local development authority, Tennessee housing development agency, and Tennessee state school bond authority, and any of their committees.
(b) (1) A governing body may, but is not required to, allow participation by electronic or other means of communication for the benefit of the public and the governing body in connection with any meeting authorized by law; provided, that a physical quorum is present at the location specified in the notice of the meeting as the location of the meeting. (2) If a physical quorum is not present at the location of a meeting of a governing body, then in order for a quorum of members to participate by electronic or other means of communication, the governing body must make a determination that a necessity exists. Such determination, and a recitation of the facts and circumstances on which it was based, must be included in the minutes of the meeting. (3) If a physical quorum is not present at the location of a meeting of a governing body other than a state debt issuer, the governing body other than a state debt issuer must file such determination of necessity, including the recitation of the facts and circumstances on which it was based, with the office of secretary of state no later than two (2) working days after the meeting. The secretary of state shall report, no less than annually, to the general assembly as to the filings of the determinations of necessity. This subdivision (b)(3) does not apply to the board of regents, the board of trustees of the University of Tennessee, the Tennessee higher education commission, a state university board, or an advisory board for a University of Tennessee system if the advisory board has had a physical quorum present at the location of the advisory board meeting at least one (1) time in the previous twelve (12) months. (4) Nothing in this section shall prohibit a governing body from complying with § 8-44-109 .
(1) A governing body may, but is not required to, allow participation by electronic or other means of communication for the benefit of the public and the governing body in connection with any meeting authorized by law; provided, that a physical quorum is present at the location specified in the notice of the meeting as the location of the meeting.
(2) If a physical quorum is not present at the location of a meeting of a governing body, then in order for a quorum of members to participate by electronic or other means of communication, the governing body must make a determination that a necessity exists. Such determination, and a recitation of the facts and circumstances on which it was based, must be included in the minutes of the meeting.
(3) If a physical quorum is not present at the location of a meeting of a governing body other than a state debt issuer, the governing body other than a state debt issuer must file such determination of necessity, including the recitation of the facts and circumstances on which it was based, with the office of secretary of state no later than two (2) working days after the meeting. The secretary of state shall report, no less than annually, to the general assembly as to the filings of the determinations of necessity. This subdivision (b)(3) does not apply to the board of regents, the board of trustees of the University of Tennessee, the Tennessee higher education commission, a state university board, or an advisory board for a University of Tennessee system if the advisory board has had a physical quorum present at the location of the advisory board meeting at least one (1) time in the previous twelve (12) months.
(4) Nothing in this section shall prohibit a governing body from complying with § 8-44-109 .
(c) (1) Any meeting held pursuant to the terms of this section shall comply with the requirements of the Open Meetings Law, codified in this part, and shall not circumvent the spirit or requirements of that law. (2) If a meeting will be conducted permitting participation by members by electronic means of communication, then the governing body shall allow members of the public who are not in attendance at the physical location of the meeting to: (A) (i) View and listen to the meeting by electronic means in real time, if the meeting is conducted using video conference; or (ii) Listen to the meeting by electronic means in real time, if the meeting is conducted with audio only with no video; and (B) Participate or provide comment by electronic means of communication, if participation or public comment would normally be allowed at the meeting. (3) A notice required by this part or other law and the agenda for the meeting must: (A) State that the meeting will include members of the governing body who are participating by electronic means of communication; (B) Contain information necessary for members of the public to access the meeting by electronic means to view or listen; and (C) Contain instructions on how to provide public comment by electronic means of communication, which may include contacting the governing body or registering in advance to receive information enabling a person to provide public comment by electronic means. This subdivision (c)(3)(C) does not require a governing body to allow public comment as part of its meetings or alter its rules for public comment or public participation in a meeting. (4) A governing body that conducts a meeting allowing participation by electronic means of communication shall make a recording of the meeting, and post the recording or a link to the recording on its website that contains information about the governing body and its meetings. The governing body shall post the recording or link to the recording as soon as possible but no later than three (3) business days after the meeting. The governing body shall retain the recording or link for at least three (3) years after the recording was created. (5) Each part of a meeting required to be open to the public shall be audible to the public at the location specified in the notice of the meeting as the location of the meeting. Each member participating electronically or otherwise must be able to simultaneously hear each other and speak to each other during the meeting. Any member participating in such fashion shall identify the persons present in the location from which the member is participating. (6) Any member of a governing body not physically present at a meeting shall be provided, before the meeting, with any documents that will be discussed at the meeting, with substantially the same content as those documents actually presented. (7) All votes taken during a meeting held pursuant to the terms of this section shall be by roll call vote. (8) A member participating in a meeting by this means is deemed to be present in person at the meeting for purposes of voting, but not for purposes of determining per diem eligibility. However, a member may be reimbursed expenses of such electronic communication or other means of participation.
(1) Any meeting held pursuant to the terms of this section shall comply with the requirements of the Open Meetings Law, codified in this part, and shall not circumvent the spirit or requirements of that law.
(2) If a meeting will be conducted permitting participation by members by electronic means of communication, then the governing body shall allow members of the public who are not in attendance at the physical location of the meeting to: (A) (i) View and listen to the meeting by electronic means in real time, if the meeting is conducted using video conference; or (ii) Listen to the meeting by electronic means in real time, if the meeting is conducted with audio only with no video; and (B) Participate or provide comment by electronic means of communication, if participation or public comment would normally be allowed at the meeting.
(A) (i) View and listen to the meeting by electronic means in real time, if the meeting is conducted using video conference; or (ii) Listen to the meeting by electronic means in real time, if the meeting is conducted with audio only with no video; and
(i) View and listen to the meeting by electronic means in real time, if the meeting is conducted using video conference; or
(ii) Listen to the meeting by electronic means in real time, if the meeting is conducted with audio only with no video; and
(B) Participate or provide comment by electronic means of communication, if participation or public comment would normally be allowed at the meeting.
(3) A notice required by this part or other law and the agenda for the meeting must: (A) State that the meeting will include members of the governing body who are participating by electronic means of communication; (B) Contain information necessary for members of the public to access the meeting by electronic means to view or listen; and (C) Contain instructions on how to provide public comment by electronic means of communication, which may include contacting the governing body or registering in advance to receive information enabling a person to provide public comment by electronic means. This subdivision (c)(3)(C) does not require a governing body to allow public comment as part of its meetings or alter its rules for public comment or public participation in a meeting.
(A) State that the meeting will include members of the governing body who are participating by electronic means of communication;
(B) Contain information necessary for members of the public to access the meeting by electronic means to view or listen; and
(C) Contain instructions on how to provide public comment by electronic means of communication, which may include contacting the governing body or registering in advance to receive information enabling a person to provide public comment by electronic means. This subdivision (c)(3)(C) does not require a governing body to allow public comment as part of its meetings or alter its rules for public comment or public participation in a meeting.
(4) A governing body that conducts a meeting allowing participation by electronic means of communication shall make a recording of the meeting, and post the recording or a link to the recording on its website that contains information about the governing body and its meetings. The governing body shall post the recording or link to the recording as soon as possible but no later than three (3) business days after the meeting. The governing body shall retain the recording or link for at least three (3) years after the recording was created.
(5) Each part of a meeting required to be open to the public shall be audible to the public at the location specified in the notice of the meeting as the location of the meeting. Each member participating electronically or otherwise must be able to simultaneously hear each other and speak to each other during the meeting. Any member participating in such fashion shall identify the persons present in the location from which the member is participating.
(6) Any member of a governing body not physically present at a meeting shall be provided, before the meeting, with any documents that will be discussed at the meeting, with substantially the same content as those documents actually presented.
(7) All votes taken during a meeting held pursuant to the terms of this section shall be by roll call vote.
(8) A member participating in a meeting by this means is deemed to be present in person at the meeting for purposes of voting, but not for purposes of determining per diem eligibility. However, a member may be reimbursed expenses of such electronic communication or other means of participation.
(d) Notwithstanding this chapter to the contrary, members of an emergency communications district board of directors may participate in meetings by any electronic means approved by such board. A board member who participates in a meeting electronically under this subsection (d) is present for purposes of creating a quorum and voting on matters presented to the board for consideration during the meeting to the same extent as a board member who is physically present at the meeting. Subdivisions (c)(1)-(6) apply to meetings held pursuant to this subsection (d).
Amended by 2022 Tenn. Acts, ch. 856, Secs.s2, s3, s4 eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 856, s 1, eff. 7/1/2022.
Amended by 2020 Tenn. Acts, ch. 692, s 2, eff. 6/11/2020.
Amended by 2017 Tenn. Acts, ch. 217, s 2, eff. 4/28/2017.
Acts 1990, ch. 815, § 1; 1999, ch. 490, § 1; 2005, ch. 82, § 1; 2008 , ch. 923, § 1; 2012, ch. 1054, § 3.
Tenn. Code Ann. § 8-36-126 — TN Code / Title 8 / Chapter 36 / Section 8-36-126
Benefits payable to a minor child - Provision of documentation establishing guardianship
Status: in_force

(a) No benefit payable to a minor child under chapters 34-37 of this title shall be made until the guardian of such child has provided the retirement division with documentation establishing such guardianship. In the case of a parent, the documentation may consist of the child's birth certificate or record of adoption, whichever is applicable, and a certified statement from the parent that the parent is the legal guardian of the minor child. The retirement division shall be entitled to rely on such documentation and shall not be liable for damages or other payments by reason of any payment made in reliance thereon. (b) Notwithstanding this section or any other law to the contrary, if the member designated a custodian pursuant to the Tennessee Uniform Transfers to Minors Act, compiled in title 35, chapter 7, part 2, to receive benefits payable to a minor child under chapters 34-37 of this title and such designation was made in writing and on file with the retirement division, the benefits payable to such minor shall be made in the name of the minor and paid to the designated custodian pursuant to the Tennessee Uniform Transfers to Minors Act. Acts 2002, ch. 863, § 8.
(a) No benefit payable to a minor child under chapters 34-37 of this title shall be made until the guardian of such child has provided the retirement division with documentation establishing such guardianship. In the case of a parent, the documentation may consist of the child's birth certificate or record of adoption, whichever is applicable, and a certified statement from the parent that the parent is the legal guardian of the minor child. The retirement division shall be entitled to rely on such documentation and shall not be liable for damages or other payments by reason of any payment made in reliance thereon.
(b) Notwithstanding this section or any other law to the contrary, if the member designated a custodian pursuant to the Tennessee Uniform Transfers to Minors Act, compiled in title 35, chapter 7, part 2, to receive benefits payable to a minor child under chapters 34-37 of this title and such designation was made in writing and on file with the retirement division, the benefits payable to such minor shall be made in the name of the minor and paid to the designated custodian pursuant to the Tennessee Uniform Transfers to Minors Act.
Acts 2002, ch. 863, § 8.
Tenn. Code Ann. § 8-35-236 — TN Code / Title 8 / Chapter 35 / Section 8-35-236
Credit for former political subdivision service by state employee
Status: in_force

(a) Any retired member or any member who completes one (1) year or more of current membership service in the Tennessee consolidated retirement system shall be entitled to establish retirement credit for time during which such member was employed by a political subdivision if the following conditions are met: (1) The political subdivision is a participating employer in the Tennessee consolidated retirement system; (2) The political subdivision's legislative body passes a resolution authorizing an actuarial study to determine the liability associated with such prior service, and accepting responsibility for the costs of such study; (3) The member or retired member files with the political subdivision, within sixty (60) days of the passage of the resolution authorizing the study, a notice of the member's intention to establish such prior service. Any member or retired member who fails to file the notice of election within the sixty-day period shall not later be eligible to establish such prior service; (4) Following receipt of the actuarial study, the political subdivision's legislative body by a two-thirds (2/3) vote adopts a resolution authorizing prior service for such members and accepting the liability therefor; provided, that the political subdivision may only authorize credit for such periods of previous service as authorized for other employees of the political subdivision; and (5) Any person establishing such prior service must make a lump sum payment equal to the member contributions the member or retired member would have made had such person been a member of the retirement system during the period claimed, plus interest at the rate provided in § 8-37-214 . (b) The retirement system shall not be liable for the payment of retirement allowances or other benefits on account of such member or the member's beneficiaries for which reserves have not been previously created from funds contributed by the political subdivision and/or by or on behalf of such member. (c) It is the legislative intent that the state shall realize no increased cost as a result of this section. All costs associated with retirement coverage, including administrative costs, shall be the responsibility of the political subdivision's legislative body. Acts 1990, ch. 849, § 1; 1992, ch. 801, §§ 1-5; 1995, ch. 164, §§ 7, 8; 1995, ch. 300, §§ 4-6.
(a) Any retired member or any member who completes one (1) year or more of current membership service in the Tennessee consolidated retirement system shall be entitled to establish retirement credit for time during which such member was employed by a political subdivision if the following conditions are met: (1) The political subdivision is a participating employer in the Tennessee consolidated retirement system; (2) The political subdivision's legislative body passes a resolution authorizing an actuarial study to determine the liability associated with such prior service, and accepting responsibility for the costs of such study; (3) The member or retired member files with the political subdivision, within sixty (60) days of the passage of the resolution authorizing the study, a notice of the member's intention to establish such prior service. Any member or retired member who fails to file the notice of election within the sixty-day period shall not later be eligible to establish such prior service; (4) Following receipt of the actuarial study, the political subdivision's legislative body by a two-thirds (2/3) vote adopts a resolution authorizing prior service for such members and accepting the liability therefor; provided, that the political subdivision may only authorize credit for such periods of previous service as authorized for other employees of the political subdivision; and (5) Any person establishing such prior service must make a lump sum payment equal to the member contributions the member or retired member would have made had such person been a member of the retirement system during the period claimed, plus interest at the rate provided in § 8-37-214 .
(1) The political subdivision is a participating employer in the Tennessee consolidated retirement system;
(2) The political subdivision's legislative body passes a resolution authorizing an actuarial study to determine the liability associated with such prior service, and accepting responsibility for the costs of such study;
(3) The member or retired member files with the political subdivision, within sixty (60) days of the passage of the resolution authorizing the study, a notice of the member's intention to establish such prior service. Any member or retired member who fails to file the notice of election within the sixty-day period shall not later be eligible to establish such prior service;
(4) Following receipt of the actuarial study, the political subdivision's legislative body by a two-thirds (2/3) vote adopts a resolution authorizing prior service for such members and accepting the liability therefor; provided, that the political subdivision may only authorize credit for such periods of previous service as authorized for other employees of the political subdivision; and
(5) Any person establishing such prior service must make a lump sum payment equal to the member contributions the member or retired member would have made had such person been a member of the retirement system during the period claimed, plus interest at the rate provided in § 8-37-214 .
(b) The retirement system shall not be liable for the payment of retirement allowances or other benefits on account of such member or the member's beneficiaries for which reserves have not been previously created from funds contributed by the political subdivision and/or by or on behalf of such member.
(c) It is the legislative intent that the state shall realize no increased cost as a result of this section. All costs associated with retirement coverage, including administrative costs, shall be the responsibility of the political subdivision's legislative body.
Acts 1990, ch. 849, § 1; 1992, ch. 801, §§ 1-5; 1995, ch. 164, §§ 7, 8; 1995, ch. 300, §§ 4-6.
Tenn. Code Ann. § 8-48-201 — TN Code / Title 8 / Chapter 48 / Section 8-48-201
"Military service" defined
Status: in_force

"Military service," as used in this part, includes the enlistment or induction into the United States army or any branch thereof, the United States navy, the air force, the marine corps, the coast guard, the merchant marine, or any other military activity carried on in the aid of the war effort. Acts 1943, ch. 4, § 4; C. Supp. 1950, § 1866.4; T.C.A. (orig. ed.), § 8-2810.
"Military service," as used in this part, includes the enlistment or induction into the United States army or any branch thereof, the United States navy, the air force, the marine corps, the coast guard, the merchant marine, or any other military activity carried on in the aid of the war effort.
Acts 1943, ch. 4, § 4; C. Supp. 1950, § 1866.4; T.C.A. (orig. ed.), § 8-2810.
Tenn. Code Ann. § 8-36-205 — TN Code / Title 8 / Chapter 36 / Section 8-36-205
Mandatory retirement age - Exceptions
Status: in_force

(a) There shall not be a mandatory age requirement for any member of the Tennessee consolidated retirement system, except for the following: (1) Members who are employed as state police officers, wildlife officers or commissioned members of the alcoholic beverage commission and who are engaged in law enforcement activities on a day-to-day basis, or who have been transferred from law enforcement activities to a supervisory or administrative position within the same department or agency for which they served as state police officers, wildlife officers or commissioned members of the alcoholic beverage commission; provided, that the mandatory retirement of those members does not violate the Age Discrimination in Employment Act ( 29 U.S.C. § 621 et seq.). A mandatory age requirement shall also apply for commissioned instructors employed at the Tennessee law enforcement training academy and members who are employed with the wildlife resources agency as commissioned wildlife area managers, commissioned wildlife lake managers, commissioned boating chiefs, commissioned boating assistant chiefs, commissioned wildlife safety officers, commissioned habitat biologists, commissioned enforcement chiefs or commissioned assistant enforcement chiefs; provided, that the mandatory retirement of those members does not violate the Age Discrimination in Employment Act. In cases of doubt, the Tennessee department of human resources shall determine whether the member is employed in a position requiring the mandatory retirement of the member under this subdivision (a)(1). In making that determination, the department shall apply the applicable definitions contained in chapters 34-37 of this title and in the Age Discrimination in Employment Act. Any member employed in a position requiring mandatory retirement under this subsection (a) shall be retired on the first day of the month following the month in which the member attains sixty (60) years of age; and (2) A mandatory age requirement shall also apply for members who are employed as firefighters, police officers, or correctional officers with a political subdivision participating in the Tennessee consolidated retirement system, or who have been transferred from such a position to a supervisory or administrative position within the police or fire department; provided, the political subdivision has adopted a mandatory retirement age requirement pursuant to this subdivision (a)(2), and provided, that the mandatory retirement of any such member does not violate the Age Discrimination in Employment Act. In cases of doubt, the respective political subdivision shall determine whether the member is employed in a position requiring the mandatory retirement of such member under this subdivision (a)(2). In making any such determination, the political subdivision shall apply the applicable definitions contained in chapters 34-37 of this title and in the Age Discrimination in Employment Act. Any political subdivision participating in the retirement system may establish a mandatory retirement age requirement for all its firefighters, police officers, and correctional officers and for all its employees who have been transferred from the position of a firefighter, police officer, or correctional officer to a supervisory or administrative position within their respective agency; provided, that: (A) The terms and conditions of the requirement shall be the same for all such employees within its employ; (B) The mandatory age requirement shall not be less than sixty (60) years of age; (C) Each such employee shall be retired on the first day of the month following the month in which the employee attains the age requirement established by the political subdivision; (D) If the mandatory age requirement established by the political subdivision is less than the age requirement for receipt of old age and survivors benefits under Title II of the Federal Social Security Act ( 42 U.S.C. §§ 401 - 425 ), each such employee shall be entitled to the supplemental bridge benefit established pursuant to § 8-36-211 ; and (E) The chief governing body of the political subdivision passes a resolution authorizing the establishment of the mandatory retirement age requirement. If the mandatory age requirement established by the political subdivision is less than the age requirement for receipt of old age and survivors benefits under Title II of the Federal Social Security Act, such resolution must further contain an authorization granting the supplemental bridge benefit and the acceptance by the political subdivision of the liability associated with the bridge benefit. All costs associated with providing the supplemental benefit shall be paid by the political subdivision and not by the state. Notwithstanding this section or any other law to the contrary, the terms of any resolution to adopt a mandatory retirement age requirement pursuant to this subdivision (a)(2) may include, at the option of the political subdivision, the deferral of the effective date of the mandatory retirement requirement up to the July 1 next following the passage of twelve (12) months from the effective date of the resolution; provided, however, that no such deferral shall impact the right, if any, that a member may otherwise have to receive the supplemental bridge benefit provided for in § 8-36-211 . (3) (A) Notwithstanding this section to the contrary, any member employed in a position requiring mandatory retirement under subdivision (a)(1) shall be retired on the first day of the month following the month in which the member attains sixty (60) years of age, unless the department of human resources determines that such member serves in a supervisory or administrative position which requires less than fifty percent (50%) of the member's duties to be involved in day-to-day law enforcement activities. Upon such determination by the department, the member may continue in service until the first day of the month following the month in which the member reaches the age requirement for receipt of old age and survivors benefits under Title II of the Federal Social Security Act; provided, that such member acknowledges that by continuing in service the member forfeits any rights to retirement benefits, including the supplemental bridge benefit provided for in § 8-36-211 , during the period of the member's continued service. The acknowledgment must be made in the manner prescribed by the retirement division and must be filed with the retirement division on or before the first day of the month prior to the month in which the member attains sixty (60) years of age. Any such member who fails to file the acknowledgment at the time and in the manner prescribed by this subdivision (a)(3)(A) shall be retired on the first day of the month following the month in which the member attains sixty (60) years of age. (B) Notwithstanding this section to the contrary, any member employed in a position requiring mandatory retirement under subdivision (a)(2) shall be retired on the first day of the month following the month in which the member attains the age requirement established by the political subdivision under subdivision (a)(2), unless the respective political subdivision determines that such member serves in a supervisory or administrative position which requires less than fifty percent (50%) of the member's duties to be involved in day-to-day law enforcement or firefighting activities. Upon such determination by the respective political subdivision, the member may continue in service until the first day of the month following the month in which the member reaches the age requirement for receipt of old age and survivors benefits under Title II of the Federal Social Security Act; provided, that such member acknowledges that by continuing in service the member forfeits any rights to retirement benefits, including the supplemental bridge benefit provided for in § 8-36-211 , during the period of the member's continued service. The acknowledgment must be made in the manner prescribed by the retirement division and must be filed with the retirement division on or before the first day of the month prior to the month in which the member attains the age requirement established by the political subdivision under subdivision (a)(2). Any such member who fails to file the acknowledgment at the time and in the manner prescribed by this subdivision (a)(3)(B) shall be retired on the first day of the month following the month in which the member attains the age requirement established by the political subdivision under subdivision (a)(2). (C) Notwithstanding any other provision of the law to the contrary, any member who would otherwise be covered under the mandatory retirement provisions of this section and who serves as the commissioner of safety, the director of the Tennessee bureau of investigation, the director of the Tennessee wildlife resources agency, the director of the Tennessee alcoholic beverage commission, or as the chief of a police department or of a fire department, may continue in service beyond the age requirement for receipt of old age and survivors benefits under Title II of the Federal Social Security Act. (b) This section shall not be construed to render ineffectual the mandatory retirement of any member occurring prior to July 1, 1998. Amended by 2021 Tenn. Acts, ch. 486, s 2, eff. 1/1/2022. Amended by 2016 Tenn. Acts, ch. 962, Secs.s 31, s 32 eff. 4/27/2016. Acts 1972, ch. 814, § 5; impl. am. Acts 1974, ch. 481, § 16; Acts 1974, ch. 505, § 1; 1974, ch. 630, § 2; 1978, ch. 516, § 1; 1978, ch. 717, § 1; 1979, ch. 288, § 1; T.C.A., § 8-3905(b); Acts 1988, ch. 973, § 9; 1993, ch. 67, § 23; 1997 , ch. 240, § 1; 1998, ch. 1011, § 1; 2005, ch. 204, §§ 12 - 15; 2006, ch. 870, § 19; 2007 , ch. 418, § 4; 2008 , ch. 674, § 11; 2010 , ch. 777, § 29.
(a) There shall not be a mandatory age requirement for any member of the Tennessee consolidated retirement system, except for the following: (1) Members who are employed as state police officers, wildlife officers or commissioned members of the alcoholic beverage commission and who are engaged in law enforcement activities on a day-to-day basis, or who have been transferred from law enforcement activities to a supervisory or administrative position within the same department or agency for which they served as state police officers, wildlife officers or commissioned members of the alcoholic beverage commission; provided, that the mandatory retirement of those members does not violate the Age Discrimination in Employment Act ( 29 U.S.C. § 621 et seq.). A mandatory age requirement shall also apply for commissioned instructors employed at the Tennessee law enforcement training academy and members who are employed with the wildlife resources agency as commissioned wildlife area managers, commissioned wildlife lake managers, commissioned boating chiefs, commissioned boating assistant chiefs, commissioned wildlife safety officers, commissioned habitat biologists, commissioned enforcement chiefs or commissioned assistant enforcement chiefs; provided, that the mandatory retirement of those members does not violate the Age Discrimination in Employment Act. In cases of doubt, the Tennessee department of human resources shall determine whether the member is employed in a position requiring the mandatory retirement of the member under this subdivision (a)(1). In making that determination, the department shall apply the applicable definitions contained in chapters 34-37 of this title and in the Age Discrimination in Employment Act. Any member employed in a position requiring mandatory retirement under this subsection (a) shall be retired on the first day of the month following the month in which the member attains sixty (60) years of age; and (2) A mandatory age requirement shall also apply for members who are employed as firefighters, police officers, or correctional officers with a political subdivision participating in the Tennessee consolidated retirement system, or who have been transferred from such a position to a supervisory or administrative position within the police or fire department; provided, the political subdivision has adopted a mandatory retirement age requirement pursuant to this subdivision (a)(2), and provided, that the mandatory retirement of any such member does not violate the Age Discrimination in Employment Act. In cases of doubt, the respective political subdivision shall determine whether the member is employed in a position requiring the mandatory retirement of such member under this subdivision (a)(2). In making any such determination, the political subdivision shall apply the applicable definitions contained in chapters 34-37 of this title and in the Age Discrimination in Employment Act. Any political subdivision participating in the retirement system may establish a mandatory retirement age requirement for all its firefighters, police officers, and correctional officers and for all its employees who have been transferred from the position of a firefighter, police officer, or correctional officer to a supervisory or administrative position within their respective agency; provided, that: (A) The terms and conditions of the requirement shall be the same for all such employees within its employ; (B) The mandatory age requirement shall not be less than sixty (60) years of age; (C) Each such employee shall be retired on the first day of the month following the month in which the employee attains the age requirement established by the political subdivision; (D) If the mandatory age requirement established by the political subdivision is less than the age requirement for receipt of old age and survivors benefits under Title II of the Federal Social Security Act ( 42 U.S.C. §§ 401 - 425 ), each such employee shall be entitled to the supplemental bridge benefit established pursuant to § 8-36-211 ; and (E) The chief governing body of the political subdivision passes a resolution authorizing the establishment of the mandatory retirement age requirement. If the mandatory age requirement established by the political subdivision is less than the age requirement for receipt of old age and survivors benefits under Title II of the Federal Social Security Act, such resolution must further contain an authorization granting the supplemental bridge benefit and the acceptance by the political subdivision of the liability associated with the bridge benefit. All costs associated with providing the supplemental benefit shall be paid by the political subdivision and not by the state. Notwithstanding this section or any other law to the contrary, the terms of any resolution to adopt a mandatory retirement age requirement pursuant to this subdivision (a)(2) may include, at the option of the political subdivision, the deferral of the effective date of the mandatory retirement requirement up to the July 1 next following the passage of twelve (12) months from the effective date of the resolution; provided, however, that no such deferral shall impact the right, if any, that a member may otherwise have to receive the supplemental bridge benefit provided for in § 8-36-211 . (3) (A) Notwithstanding this section to the contrary, any member employed in a position requiring mandatory retirement under subdivision (a)(1) shall be retired on the first day of the month following the month in which the member attains sixty (60) years of age, unless the department of human resources determines that such member serves in a supervisory or administrative position which requires less than fifty percent (50%) of the member's duties to be involved in day-to-day law enforcement activities. Upon such determination by the department, the member may continue in service until the first day of the month following the month in which the member reaches the age requirement for receipt of old age and survivors benefits under Title II of the Federal Social Security Act; provided, that such member acknowledges that by continuing in service the member forfeits any rights to retirement benefits, including the supplemental bridge benefit provided for in § 8-36-211 , during the period of the member's continued service. The acknowledgment must be made in the manner prescribed by the retirement division and must be filed with the retirement division on or before the first day of the month prior to the month in which the member attains sixty (60) years of age. Any such member who fails to file the acknowledgment at the time and in the manner prescribed by this subdivision (a)(3)(A) shall be retired on the first day of the month following the month in which the member attains sixty (60) years of age. (B) Notwithstanding this section to the contrary, any member employed in a position requiring mandatory retirement under subdivision (a)(2) shall be retired on the first day of the month following the month in which the member attains the age requirement established by the political subdivision under subdivision (a)(2), unless the respective political subdivision determines that such member serves in a supervisory or administrative position which requires less than fifty percent (50%) of the member's duties to be involved in day-to-day law enforcement or firefighting activities. Upon such determination by the respective political subdivision, the member may continue in service until the first day of the month following the month in which the member reaches the age requirement for receipt of old age and survivors benefits under Title II of the Federal Social Security Act; provided, that such member acknowledges that by continuing in service the member forfeits any rights to retirement benefits, including the supplemental bridge benefit provided for in § 8-36-211 , during the period of the member's continued service. The acknowledgment must be made in the manner prescribed by the retirement division and must be filed with the retirement division on or before the first day of the month prior to the month in which the member attains the age requirement established by the political subdivision under subdivision (a)(2). Any such member who fails to file the acknowledgment at the time and in the manner prescribed by this subdivision (a)(3)(B) shall be retired on the first day of the month following the month in which the member attains the age requirement established by the political subdivision under subdivision (a)(2). (C) Notwithstanding any other provision of the law to the contrary, any member who would otherwise be covered under the mandatory retirement provisions of this section and who serves as the commissioner of safety, the director of the Tennessee bureau of investigation, the director of the Tennessee wildlife resources agency, the director of the Tennessee alcoholic beverage commission, or as the chief of a police department or of a fire department, may continue in service beyond the age requirement for receipt of old age and survivors benefits under Title II of the Federal Social Security Act.
(1) Members who are employed as state police officers, wildlife officers or commissioned members of the alcoholic beverage commission and who are engaged in law enforcement activities on a day-to-day basis, or who have been transferred from law enforcement activities to a supervisory or administrative position within the same department or agency for which they served as state police officers, wildlife officers or commissioned members of the alcoholic beverage commission; provided, that the mandatory retirement of those members does not violate the Age Discrimination in Employment Act ( 29 U.S.C. § 621 et seq.). A mandatory age requirement shall also apply for commissioned instructors employed at the Tennessee law enforcement training academy and members who are employed with the wildlife resources agency as commissioned wildlife area managers, commissioned wildlife lake managers, commissioned boating chiefs, commissioned boating assistant chiefs, commissioned wildlife safety officers, commissioned habitat biologists, commissioned enforcement chiefs or commissioned assistant enforcement chiefs; provided, that the mandatory retirement of those members does not violate the Age Discrimination in Employment Act. In cases of doubt, the Tennessee department of human resources shall determine whether the member is employed in a position requiring the mandatory retirement of the member under this subdivision (a)(1). In making that determination, the department shall apply the applicable definitions contained in chapters 34-37 of this title and in the Age Discrimination in Employment Act. Any member employed in a position requiring mandatory retirement under this subsection (a) shall be retired on the first day of the month following the month in which the member attains sixty (60) years of age; and
(2) A mandatory age requirement shall also apply for members who are employed as firefighters, police officers, or correctional officers with a political subdivision participating in the Tennessee consolidated retirement system, or who have been transferred from such a position to a supervisory or administrative position within the police or fire department; provided, the political subdivision has adopted a mandatory retirement age requirement pursuant to this subdivision (a)(2), and provided, that the mandatory retirement of any such member does not violate the Age Discrimination in Employment Act. In cases of doubt, the respective political subdivision shall determine whether the member is employed in a position requiring the mandatory retirement of such member under this subdivision (a)(2). In making any such determination, the political subdivision shall apply the applicable definitions contained in chapters 34-37 of this title and in the Age Discrimination in Employment Act. Any political subdivision participating in the retirement system may establish a mandatory retirement age requirement for all its firefighters, police officers, and correctional officers and for all its employees who have been transferred from the position of a firefighter, police officer, or correctional officer to a supervisory or administrative position within their respective agency; provided, that: (A) The terms and conditions of the requirement shall be the same for all such employees within its employ; (B) The mandatory age requirement shall not be less than sixty (60) years of age; (C) Each such employee shall be retired on the first day of the month following the month in which the employee attains the age requirement established by the political subdivision; (D) If the mandatory age requirement established by the political subdivision is less than the age requirement for receipt of old age and survivors benefits under Title II of the Federal Social Security Act ( 42 U.S.C. §§ 401 - 425 ), each such employee shall be entitled to the supplemental bridge benefit established pursuant to § 8-36-211 ; and (E) The chief governing body of the political subdivision passes a resolution authorizing the establishment of the mandatory retirement age requirement. If the mandatory age requirement established by the political subdivision is less than the age requirement for receipt of old age and survivors benefits under Title II of the Federal Social Security Act, such resolution must further contain an authorization granting the supplemental bridge benefit and the acceptance by the political subdivision of the liability associated with the bridge benefit. All costs associated with providing the supplemental benefit shall be paid by the political subdivision and not by the state. Notwithstanding this section or any other law to the contrary, the terms of any resolution to adopt a mandatory retirement age requirement pursuant to this subdivision (a)(2) may include, at the option of the political subdivision, the deferral of the effective date of the mandatory retirement requirement up to the July 1 next following the passage of twelve (12) months from the effective date of the resolution; provided, however, that no such deferral shall impact the right, if any, that a member may otherwise have to receive the supplemental bridge benefit provided for in § 8-36-211 .
(A) The terms and conditions of the requirement shall be the same for all such employees within its employ;
(B) The mandatory age requirement shall not be less than sixty (60) years of age;
(C) Each such employee shall be retired on the first day of the month following the month in which the employee attains the age requirement established by the political subdivision;
(D) If the mandatory age requirement established by the political subdivision is less than the age requirement for receipt of old age and survivors benefits under Title II of the Federal Social Security Act ( 42 U.S.C. §§ 401 - 425 ), each such employee shall be entitled to the supplemental bridge benefit established pursuant to § 8-36-211 ; and
(E) The chief governing body of the political subdivision passes a resolution authorizing the establishment of the mandatory retirement age requirement. If the mandatory age requirement established by the political subdivision is less than the age requirement for receipt of old age and survivors benefits under Title II of the Federal Social Security Act, such resolution must further contain an authorization granting the supplemental bridge benefit and the acceptance by the political subdivision of the liability associated with the bridge benefit. All costs associated with providing the supplemental benefit shall be paid by the political subdivision and not by the state. Notwithstanding this section or any other law to the contrary, the terms of any resolution to adopt a mandatory retirement age requirement pursuant to this subdivision (a)(2) may include, at the option of the political subdivision, the deferral of the effective date of the mandatory retirement requirement up to the July 1 next following the passage of twelve (12) months from the effective date of the resolution; provided, however, that no such deferral shall impact the right, if any, that a member may otherwise have to receive the supplemental bridge benefit provided for in § 8-36-211 .
(3) (A) Notwithstanding this section to the contrary, any member employed in a position requiring mandatory retirement under subdivision (a)(1) shall be retired on the first day of the month following the month in which the member attains sixty (60) years of age, unless the department of human resources determines that such member serves in a supervisory or administrative position which requires less than fifty percent (50%) of the member's duties to be involved in day-to-day law enforcement activities. Upon such determination by the department, the member may continue in service until the first day of the month following the month in which the member reaches the age requirement for receipt of old age and survivors benefits under Title II of the Federal Social Security Act; provided, that such member acknowledges that by continuing in service the member forfeits any rights to retirement benefits, including the supplemental bridge benefit provided for in § 8-36-211 , during the period of the member's continued service. The acknowledgment must be made in the manner prescribed by the retirement division and must be filed with the retirement division on or before the first day of the month prior to the month in which the member attains sixty (60) years of age. Any such member who fails to file the acknowledgment at the time and in the manner prescribed by this subdivision (a)(3)(A) shall be retired on the first day of the month following the month in which the member attains sixty (60) years of age. (B) Notwithstanding this section to the contrary, any member employed in a position requiring mandatory retirement under subdivision (a)(2) shall be retired on the first day of the month following the month in which the member attains the age requirement established by the political subdivision under subdivision (a)(2), unless the respective political subdivision determines that such member serves in a supervisory or administrative position which requires less than fifty percent (50%) of the member's duties to be involved in day-to-day law enforcement or firefighting activities. Upon such determination by the respective political subdivision, the member may continue in service until the first day of the month following the month in which the member reaches the age requirement for receipt of old age and survivors benefits under Title II of the Federal Social Security Act; provided, that such member acknowledges that by continuing in service the member forfeits any rights to retirement benefits, including the supplemental bridge benefit provided for in § 8-36-211 , during the period of the member's continued service. The acknowledgment must be made in the manner prescribed by the retirement division and must be filed with the retirement division on or before the first day of the month prior to the month in which the member attains the age requirement established by the political subdivision under subdivision (a)(2). Any such member who fails to file the acknowledgment at the time and in the manner prescribed by this subdivision (a)(3)(B) shall be retired on the first day of the month following the month in which the member attains the age requirement established by the political subdivision under subdivision (a)(2). (C) Notwithstanding any other provision of the law to the contrary, any member who would otherwise be covered under the mandatory retirement provisions of this section and who serves as the commissioner of safety, the director of the Tennessee bureau of investigation, the director of the Tennessee wildlife resources agency, the director of the Tennessee alcoholic beverage commission, or as the chief of a police department or of a fire department, may continue in service beyond the age requirement for receipt of old age and survivors benefits under Title II of the Federal Social Security Act.
(A) Notwithstanding this section to the contrary, any member employed in a position requiring mandatory retirement under subdivision (a)(1) shall be retired on the first day of the month following the month in which the member attains sixty (60) years of age, unless the department of human resources determines that such member serves in a supervisory or administrative position which requires less than fifty percent (50%) of the member's duties to be involved in day-to-day law enforcement activities. Upon such determination by the department, the member may continue in service until the first day of the month following the month in which the member reaches the age requirement for receipt of old age and survivors benefits under Title II of the Federal Social Security Act; provided, that such member acknowledges that by continuing in service the member forfeits any rights to retirement benefits, including the supplemental bridge benefit provided for in § 8-36-211 , during the period of the member's continued service. The acknowledgment must be made in the manner prescribed by the retirement division and must be filed with the retirement division on or before the first day of the month prior to the month in which the member attains sixty (60) years of age. Any such member who fails to file the acknowledgment at the time and in the manner prescribed by this subdivision (a)(3)(A) shall be retired on the first day of the month following the month in which the member attains sixty (60) years of age.
(B) Notwithstanding this section to the contrary, any member employed in a position requiring mandatory retirement under subdivision (a)(2) shall be retired on the first day of the month following the month in which the member attains the age requirement established by the political subdivision under subdivision (a)(2), unless the respective political subdivision determines that such member serves in a supervisory or administrative position which requires less than fifty percent (50%) of the member's duties to be involved in day-to-day law enforcement or firefighting activities. Upon such determination by the respective political subdivision, the member may continue in service until the first day of the month following the month in which the member reaches the age requirement for receipt of old age and survivors benefits under Title II of the Federal Social Security Act; provided, that such member acknowledges that by continuing in service the member forfeits any rights to retirement benefits, including the supplemental bridge benefit provided for in § 8-36-211 , during the period of the member's continued service. The acknowledgment must be made in the manner prescribed by the retirement division and must be filed with the retirement division on or before the first day of the month prior to the month in which the member attains the age requirement established by the political subdivision under subdivision (a)(2). Any such member who fails to file the acknowledgment at the time and in the manner prescribed by this subdivision (a)(3)(B) shall be retired on the first day of the month following the month in which the member attains the age requirement established by the political subdivision under subdivision (a)(2).
(C) Notwithstanding any other provision of the law to the contrary, any member who would otherwise be covered under the mandatory retirement provisions of this section and who serves as the commissioner of safety, the director of the Tennessee bureau of investigation, the director of the Tennessee wildlife resources agency, the director of the Tennessee alcoholic beverage commission, or as the chief of a police department or of a fire department, may continue in service beyond the age requirement for receipt of old age and survivors benefits under Title II of the Federal Social Security Act.
(b) This section shall not be construed to render ineffectual the mandatory retirement of any member occurring prior to July 1, 1998.
Amended by 2021 Tenn. Acts, ch. 486, s 2, eff. 1/1/2022.
Amended by 2016 Tenn. Acts, ch. 962, Secs.s 31, s 32 eff. 4/27/2016.
Acts 1972, ch. 814, § 5; impl. am. Acts 1974, ch. 481, § 16; Acts 1974, ch. 505, § 1; 1974, ch. 630, § 2; 1978, ch. 516, § 1; 1978, ch. 717, § 1; 1979, ch. 288, § 1; T.C.A., § 8-3905(b); Acts 1988, ch. 973, § 9; 1993, ch. 67, § 23; 1997 , ch. 240, § 1; 1998, ch. 1011, § 1; 2005, ch. 204, §§ 12 - 15; 2006, ch. 870, § 19; 2007 , ch. 418, § 4; 2008 , ch. 674, § 11; 2010 , ch. 777, § 29.
Tenn. Code Ann. § 8-47-119 — TN Code / Title 8 / Chapter 47 / Section 8-47-119
Trial - Continuance - Right to jury
Status: in_force

(a) Such proceedings in ouster shall be summary and triable as equitable actions, shall have precedence over civil and criminal actions, and shall be tried at the first term after the filing of the complaint or petition herein named; provided, that the answer herein named shall have been on file at least ten (10) days before the day of trial. (b) A continuance may be granted either side for good cause shown, but no continuance shall be granted by an agreement of the parties. (c) Both upon hearing of preliminary motion to suspend and also upon any final hearing of such proceedings, any defendant shall be entitled to demand and have a trial by jury as to any issue of fact. Acts 1915, ch. 11, § 7; Shan., § 1135a13; Code 1932, § 1889; Acts 1933, ch. 94, § 1; 1937 (3rd Ex. Sess.), ch. 3, § 1; 1939, ch. 10, §1; C. Supp. 1950, § 1889; T.C.A. (orig. ed.), § 8-2719.
(a) Such proceedings in ouster shall be summary and triable as equitable actions, shall have precedence over civil and criminal actions, and shall be tried at the first term after the filing of the complaint or petition herein named; provided, that the answer herein named shall have been on file at least ten (10) days before the day of trial.
(b) A continuance may be granted either side for good cause shown, but no continuance shall be granted by an agreement of the parties.
(c) Both upon hearing of preliminary motion to suspend and also upon any final hearing of such proceedings, any defendant shall be entitled to demand and have a trial by jury as to any issue of fact.
Acts 1915, ch. 11, § 7; Shan., § 1135a13; Code 1932, § 1889; Acts 1933, ch. 94, § 1; 1937 (3rd Ex. Sess.), ch. 3, § 1; 1939, ch. 10, §1; C. Supp. 1950, § 1889; T.C.A. (orig. ed.), § 8-2719.