reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 3 - CONSOLIDATION OF COUNTIES (§§ 5-3-101 — 5-3-125) › Section 5-3-117 - Debt reorganization - Bond format and additional terms

(a)
The governing body shall also by resolution determine the form of the bonds, the officers by whom they shall be executed and the place or places in Tennessee or in any other state at which the principal and interest shall be payable. In case any of the officers whose signatures or facsimile signatures appear on the bonds or coupons shall cease to be such officers before the delivery of such bonds, such signatures or facsimile signatures shall nevertheless be valid and sufficient for all purposes, the same as if they had remained in office until such delivery.
(b)
The bonds may be made registrable as to principal alone, or as to both principal and interest, under such terms and conditions as may be determined by the governing body, and provisions may be made for the exchange of fully registered bonds for coupon bonds and of coupon bonds for fully registered bonds.
Acts 1939, ch. 225, § 4; C. Supp. 1950, § 136.13 (Williams, §136.15); T.C.A. (orig. ed.), § 5-317.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 3 - CONSOLIDATION OF COUNTIES (§§ 5-3-101 — 5-3-125) › Section 5-3-118 - Debt reorganization - Terms of bond sale or exchange

(a)
The governing body may sell any or all of the bonds authorized under §§
5-3-113
- 5-3-121 in such manner and for such price as it may determine to be for the best interests of the unit, but no such sale shall be made at a price so low as to require the payment of interest on the money received therefor at more than six percent (6%) per annum, computed with relation to the absolute maturity or the average maturity of the bonds, in accordance with standard tables of bond values.
(b)
Any or all of the bonds authorized under §§
5-3-113
- 5-3-121 may be exchanged for the bonds to be refunded thereby, or the evidences of indebtedness to be funded thereby, including bonds not matured or redeemable, if the holders thereof be willing to surrender the same for retirement.
Acts 1939, ch. 225, § 5; C. Supp. 1950, § 136.14 (Williams, §136.16); T.C.A. (orig. ed.), § 5-318.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 3 - CONSOLIDATION OF COUNTIES (§§ 5-3-101 — 5-3-125) › Section 5-3-119 - Debt reorganization - Bond retirement - Sinking fund

(a)
All bonds issued under §§
5-3-113
- 5-3-121 shall be direct and general obligations of the unit issuing the same, for the payment of which the full faith and credit of the unit shall be irrevocably pledged.
(b)
(1)
In each fiscal year while any funding or refunding bonds issued under §§
5-3-113
- 5-3-121, shall be outstanding, there shall be levied upon all taxable property in the unit an ad valorem tax sufficient to pay the interest on the bonds as it falls due and the principal of such bonds that shall then have matured or that shall mature within the same fiscal year, and any sinking fund payments that may be provided for by the bonds or by the resolution authorizing the same, as well as all deficits in such interest, principal and sinking fund payments arising by failure to comply with §§
5-3-113
- 5-3-121 or by failure to collect the taxes levied or otherwise; provided, that the governing body, in its discretion, may levy in any fiscal year a tax sufficient to pay, in addition to the interest and principal that shall fall due in such fiscal year, any portion of the interest or principal that shall fall due in any succeeding fiscal year, and may also levy in any fiscal year a tax for sinking fund payments, in addition to the tax required for such payments by the resolution authorizing any of such bonds.
(2)
The governing body may provide in the resolution authorizing the issuance of any such funding or refunding bonds, that any sinking fund provided for such bonds shall be used solely for the purchase or redemption of the bonds authorized by such resolution, and all bonds so purchased or redeemed shall be cancelled and shall not be reissued.
Acts 1939, ch. 225, § 6; C. Supp. 1950, § 136.15 (Williams, §136.17); T.C.A. (orig. ed.), § 5-319.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 3 - CONSOLIDATION OF COUNTIES (§§ 5-3-101 — 5-3-125) › Section 5-3-120 - Debt reorganization - Bonds tax exempt

No bonds issued under the authority of §§
5-3-113
- 5-3-121 shall be subject to taxation by this state or by any county or municipality thereof, and such bonds shall so state on the face thereof.
Acts 1939, ch. 225, § 7; C. Supp. 1950, § 136.16 (Williams, §136.18); T.C.A. (orig. ed.), § 5-320.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 3 - CONSOLIDATION OF COUNTIES (§§ 5-3-101 — 5-3-125) › Section 5-3-121 - Debt reorganization - Payment of unfunded debt

(a)
Any floating indebtedness or bonded indebtedness of an absorbed county, not funded or refunded under §§
5-3-113
- 5-3-121, shall be paid out of a tax levied against the property of the absorbed county.
(b)
This tax levy shall be such proportion of the tax levy, levied by the absorbed county for bonds and interest during the past fiscal year, as the outstanding bonds of the absorbed county bears to the outstanding bonds of the absorbed county prior to consolidation.
Acts 1939, ch. 225, § 8; C. Supp. 1950, § 136.17 (Williams, §136.19); T.C.A. (orig. ed.), § 5-321.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 3 - CONSOLIDATION OF COUNTIES (§§ 5-3-101 — 5-3-125) › Section 5-3-122 - State consolidation grants - Funding

(a)
The state funding board is authorized to issue at one (1) time or from time to time bonds of the state in an amount not to exceed one million dollars ($1,000,000).
(b)
These bonds shall be issued under the authority of title 9, chapter 9, according to the conditions and limitations set forth in former §
9-9-208
[repealed].
(c)
All bonds issued under the authority of §§
5-3-122
- 5-3-125 shall be issued by the state funding board upon request of the state consolidation committee.
(d)
These bonds, after issuance, shall constitute general obligations of the state for the payment of which its full faith and credit are hereby pledged and shall be further secured by the pledges of special revenue as provided for in title 9, chapter 9.
(e)
Any and all bonds that may be sold by the state funding board pursuant to §§
5-3-122
- 5-3-125 shall be sold in the same manner and subject to the same conditions as prescribed by former §
9-9-208
[repealed].
Acts 1939, ch. 226, § 1; C. Supp. 1950, § 136.18 (Williams, §136.21); T.C.A. (orig. ed.), § 5-322.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 3 - CONSOLIDATION OF COUNTIES (§§ 5-3-101 — 5-3-125) › Section 5-3-123 - State consolidation grants - Issuance

(a)
The proceeds derived from the sale of bonds issued under the authority of §§
5-3-122
- 5-3-125 shall be deposited in a special fund to be used by the state consolidation committee for use as described in subsection (b).
(b)
(1)
Within sixty (60) days after an entire county has consolidated with any other county, according to law, the state consolidation committee shall make a grant out of the proceeds of state bonds as described in subsection (a), to both the absorbed county and the absorbing county.
(2)
This grant shall be made, not to exceed fifty thousand dollars ($50,000) each, both to the absorbing county and absorbed county.
(3)
In the event that a portion of any county is absorbed by another county, the state consolidation committee shall make a grant, which shall be computed as follows: The amount of money to be granted for the portion of the absorbed county shall be that proportion of fifty thousand dollars ($50,000) that the amount of the assessed valuation being absorbed bears to the total taxable valuation of the whole county, a portion of which is being absorbed.
(4)
In the event that only a portion of a county is absorbed by another county, the state consolidation committee shall grant as much money to the absorbing county as is granted to the absorbed county.
Acts 1939, ch. 226, § 2; C. Supp. 1950, § 136.19 (Williams, §136.22); T.C.A. (orig. ed.), § 5-323.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 3 - CONSOLIDATION OF COUNTIES (§§ 5-3-101 — 5-3-125) › Section 5-3-124 - State consolidation grants - Use and purpose

Any money granted by the state consolidation committee to any county or counties shall be used by the counties in the payment of the outstanding indebtedness of the county receiving the grant, and this grant shall have as its purpose the equalization of the burden of bonded indebtedness between the counties being absorbed and absorbing.
Acts 1939, ch. 226, § 3; C. Supp. 1950, § 136.20 (Williams, §136.23); T.C.A. (orig. ed.), § 5-324.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 3 - CONSOLIDATION OF COUNTIES (§§ 5-3-101 — 5-3-125) › Section 5-3-125 - State consolidation grants - Reimbursement

(a)
All state moneys now being distributed to both the absorbed and absorbing county or counties shall continue to be distributed to the absorbing county or counties after consolidation on a pro rata basis according to the plan of consolidation approved by the state consolidation committee, and it shall be the duty of the committee to see that sufficient moneys are retained monthly by the state out from the proceeds of the gas tax being distributed to the counties receiving any grants as described in this chapter, so as to permit the state to be reimbursed the principal amount of the grant made to the counties over a period of twenty (20) years.
(b)
All money withheld by the state consolidation committee, from the proceeds of the gas tax being distributed to the counties, shall be deposited with the state funding board to be used for the payment of principal and interest on the state's bonded indebtedness.
Acts 1939, ch. 226, § 4; C. Supp. 1950, § 136.21 (Williams, §136.24); T.C.A. (orig. ed.), § 5-325.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 4 - REMOVAL OF COUNTY SEAT (§§ 5-4-101 — 5-4-105) › Section 5-4-101 - Vote required for removal

Where an old county is reduced for the purpose of forming a new one, the seat of justice in the old county shall not be removed without the concurrence of two thirds (2/3) of both branches of the general assembly, nor shall the seat of justice of any county be removed without the concurrence of two thirds (2/3) of the qualified voters of the county.
Const. 1870, art. 10, § 4; Shan., § 112; Code 1932, § 131; T.C.A. (orig. ed.), § 5-401.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 4 - REMOVAL OF COUNTY SEAT (§§ 5-4-101 — 5-4-105) › Section 5-4-102 - Order of election

The county legislative body may at any regular meeting, a majority of the members concurring, order an election to ascertain if the people desire the county seat to be removed.
Acts 1881, ch. 98, §§ 1, 2; Shan., § 114; mod. Code 1932, § 132; impl. am. Acts 1978, ch. 934, §§ 7, 12, 36; T.C.A. (orig. ed.), § 5-402.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 4 - REMOVAL OF COUNTY SEAT (§§ 5-4-101 — 5-4-105) › Section 5-4-103 - Balloting procedure

Each voter shall put on such voter's ballot the name of the place to which such voter desires the county seat removed or mark the words "no removal."
Acts 1873, ch. 103, § 5; impl. am. Acts 1907, ch. 436; Shan., § 117; Code 1932, § 135; Acts 1972, ch. 740, § 4(3); T.C.A. (orig. ed.), § 5-405.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 4 - REMOVAL OF COUNTY SEAT (§§ 5-4-101 — 5-4-105) › Section 5-4-104 - Counting of votes - Removal

(a)
The county election commission shall make its return to the county mayor, and at the next regular meeting of the county legislative body after the election, the vote shall be counted and the result declared.
(b)
If the proposition to remove the county seat received the requisite number of votes, then the county legislative body shall proceed to make all necessary provisions for the removal.
Acts 1873, ch. 103, § 7; impl. am. Acts 1907, ch. 436; Shan., § 118; Code 1932, § 136; impl. am. Acts 1972, ch. 740, §7; impl. am. Acts 1978, ch. 934, §§ 7, 12, 16, 36; T.C.A. (orig. ed.), §5-406; Acts 2003 , ch. 90, § 2.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 4 - REMOVAL OF COUNTY SEAT (§§ 5-4-101 — 5-4-105) › Section 5-4-105 - Sale of old courthouse

When a county seat is removed, the members of the county legislative body shall order a sale of the old courthouse and ground belonging to it, upon such terms as they think most for the interest of the county, and shall apply the proceeds of the sale to the payment for a new courthouse.
Code 1858, § 418 (deriv. Acts 1837-1838, ch. 11, § 2); Shan., § 510; Code 1932, § 762; impl. am. Acts 1978, ch. 934, §§7, 36; T.C.A. (orig. ed.), § 5-407.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 5 - COUNTY LEGISLATIVE BODIES (§§ 5-5-101 — 5-5-203) › Part 1 - SUBSTANTIVE PROVISIONS (§§ 5-5-101 — 5-5-127) › Section 5-5-101 - Basic legislative unit - Name changes

(a)
The county legislative body is established as a basic legislative unit of each county of this state; provided, that this subsection (a) shall not apply to counties that have already adopted the metropolitan form of government.
(b)
Effective September 1, 1978, except in any county organized under the consolidated government provisions of the Constitution of Tennessee, article XI, § 9, the quarterly county court, county council and any other forms of county legislative bodies are abolished and all legislative powers that remained with such court, council and other forms of legislative bodies are hereby vested in the county legislative body. The county legislative body is further vested with all legislative powers and duties vested in justices of the peace prior to May 11, 1978.
(c)
References to the quarterly county court, county council or other county legislative body appearing elsewhere in this code shall be deemed references to the county legislative body.
(d)
References to the magistrates, justices of the peace, members or membership of such court, council or body appearing elsewhere in this code shall be deemed references to the members of the county legislative body.
Code 1858, §§ 4179, 4180, 4186 (deriv. Acts 1794, ch. 1, § 44; 1835-1836, ch. 6, § 1; 1837-1838, ch. 135, § 1); Acts 1875, ch. 70, §§ 1-3; integrated in Shan., § 5992; Code 1932, § 10193; Acts 1967, ch. 235, § 1; T.C.A. § 5-528; Acts 1978, ch. 934, §§ 7, 9; 1979, ch. 69, § 1; T.C.A. (orig. ed.), § 5-501.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 5 - COUNTY LEGISLATIVE BODIES (§§ 5-5-101 — 5-5-203) › Part 1 - SUBSTANTIVE PROVISIONS (§§ 5-5-101 — 5-5-127) › Section 5-5-104 - Regular meetings

(a)
Regular meetings of each county legislative body shall be held at the time, day and place set by resolution of each legislative body.
(b)
There shall be at least four (4) regular meetings of the county legislative body each year.
(c)
Special meetings of the county legislative body may be called by the county mayor or by petition of a majority of the members of the county legislative body in accordance with §
5-5-105
.
(d)
No business shall be transacted, or any appointment made, or nominations confirmed, except in public session.
(e)
This section shall not apply to any Class 1 county established by §
8-24-101
, that has by private act adopted regular meetings of its legislative body and procedures for calling special meetings of such body.
Code 1858, § 4181 (deriv. Acts 1837-1838, ch. 135, § 1); Shan., § 5993; mod. Code 1932, § 10194; Acts 1951, ch. 266, § 1; 1965, ch. 50, § 1; 1967, ch. 91, § 1; T.C.A. (orig. ed.), § 5-502; Acts 1978, ch. 934, § 12; T.C.A. (orig. ed.), § 5-504; Acts 2003, ch. 90, § 2.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 5 - COUNTY LEGISLATIVE BODIES (§§ 5-5-101 — 5-5-203) › Part 1 - SUBSTANTIVE PROVISIONS (§§ 5-5-101 — 5-5-127) › Section 5-5-106 - Attendance at meetings

Every member of the county legislative body shall be required to attend each and every session of the body, and allowed to vote and draw pay for attendance.
Acts 1887, ch. 236, § 1; Shan., § 6000; Code 1932, § 10198; Acts 1978, ch. 934, § 15; T.C.A. (orig. ed.), § 5-506.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 5 - COUNTY LEGISLATIVE BODIES (§§ 5-5-101 — 5-5-203) › Part 1 - SUBSTANTIVE PROVISIONS (§§ 5-5-101 — 5-5-127) › Section 5-5-107 - Compensation of members

(a)
The several county legislative bodies are authorized to fix the compensation of their membership in attending sessions of the county legislative body and duly authorized committees thereof.
(b)
(1)
The counties are hereby classified in accordance with §
8-24-101
, and the compensation fixed by the county legislative body for attending sessions of the body shall in no case be less than the applicable amount as follows:
Counties of the third class
$35/day
Counties of the fourth class
$30/day
Counties of the fifth class
$25/day
Counties of the sixth class
$20/day
Counties of the seventh class
$20/day
Counties of the eighth class
$20/day
(2)
Upon adoption of a resolution by a two-thirds (2/3) vote of its membership, the county legislative body of any county having a population of not less than two hundred eighty-five thousand (285,000) nor more than two hundred eighty-six thousand (286,000), according to the 1990 federal census or any subsequent federal census, shall fix the salary of the members of the county legislative body by June 30, 1999, to become effective July 1, 1999. On July 1, 2000, and each July 1 thereafter, the compensation for members of the county legislative body shall be adjusted to reflect the same percentage increase the county mayor of such county is to receive.
(c)
A county may adopt a resolution to pay members of the legislative body:
(1)
An amount greater than the minimum daily compensation for attendance at meetings of the body as provided in subdivision (b)(1), or at committee meetings for which the member is an appointed member;
(2)
A base salary; or
(3)
A base salary and an amount greater than or equal to the minimum daily compensation for attendance at meetings of the body as provided in subdivision (b)(1), or at committee meetings for which the member is an appointed member. Notwithstanding subsection (d), a county opting to pay members under this subdivision (c)(3) may set the compensation rate for attendance at committee meetings of the legislative body.
(d)
The compensation fixed by the county legislative body for attending duly authorized committee meetings of such body shall be one-half (1/2) of the compensation paid for attending regular sessions of the body.
(e)
Any increase in compensation for members of the county legislative body does not take effect until the beginning of the term following the next election of county commissioners after the resolution increasing the compensation is adopted.
Amended by 2020 Tenn. Acts, ch. 536, Secs.s 1, s 2 eff. 3/19/2020.
Acts 1974, ch. 736, § 1; 1978, ch. 934, § 15; T.C.A., § 5-507; Acts 1980, ch. 687, § 1; 1990, ch. 1001, § 1; 1991, ch. 422, §§ 1, 2; 1993, ch. 121, § 1; 1999, ch. 174, § 1; 2003 , ch. 90, § 2.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 5 - COUNTY LEGISLATIVE BODIES (§§ 5-5-101 — 5-5-203) › Part 1 - SUBSTANTIVE PROVISIONS (§§ 5-5-101 — 5-5-127) › Section 5-5-108 - Quorum

A majority of the members of the county legislative body of each county shall constitute a quorum for the transaction of all business by the bodies in regular or special sessions.
Acts 1887, ch. 236, § 2; Shan., § 6001; Code 1932, § 10199; Acts 1935, ch. 10, § 1; C. Supp. 1950, § 10199; Acts 1978, ch. 934, § 15; T.C.A. (orig. ed.), § 5-508.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 5 - COUNTY LEGISLATIVE BODIES (§§ 5-5-101 — 5-5-203) › Part 1 - SUBSTANTIVE PROVISIONS (§§ 5-5-101 — 5-5-127) › Section 5-5-109 - Voting

(a)
A majority of all the members constituting the county legislative body, and not merely a majority of the quorum, shall be required to:
(1)
Elect county officials required by law to be elected by the body;
(2)
Fix salaries;
(3)
Appropriate money; and
(4)
Transact all other business coming before the county legislative body in regular or special sessions.
(b)
(1)
If the members of the county legislative body are equally divided upon any question coming before them upon which they may lawfully act, then and only then, a county mayor serving as chair may cast a deciding vote.
(2)
If the person serving as chair of the county legislative body is a regular member of the county legislative body, such person may not break a tie vote in the capacity of chair, but may cast a vote in the first instance as a regular member of the body.
Code 1858, § 4190 (deriv. Acts 1835-1836, ch. 6, § 2); Acts 1875, ch. 63, § 2; integrated in Shan., § 6019; Code 1932, § 10218; Acts 1935, ch. 10, § 2; C. Supp. 1950, § 10218; Acts 1973, ch. 26, §§ 1, 2; 1978, ch. 934, § 15; modified; T.C.A. (orig. ed.), § 5-509; Acts 1983, ch. 138, § 1; 2003, ch. 90, § 2.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 5 - COUNTY LEGISLATIVE BODIES (§§ 5-5-101 — 5-5-203) › Part 1 - SUBSTANTIVE PROVISIONS (§§ 5-5-101 — 5-5-127) › Section 5-5-110 - Business presented by chair

(a)
All business for the action of the county legislative body shall be presented to the chair, who shall announce the same to the county legislative body and take the vote thereon.
(b)
No business shall be acted on by the body unless presented as required in subsection (a), except by the consent of a majority of the members present.
Code 1858, § 4188 (deriv. Acts 1847-1848, ch. 106, § 1); Shan., § 6012; Code 1932, § 10211; Acts 1978, ch. 934, § 15; T.C.A. (orig. ed.), § 5-510.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 5 - COUNTY LEGISLATIVE BODIES (§§ 5-5-101 — 5-5-203) › Part 1 - SUBSTANTIVE PROVISIONS (§§ 5-5-101 — 5-5-127) › Section 5-5-112 - Voting prohibited if conflict of interest - Opting out of section by resolution

(a)
(1)
No member of the legislative body of a county who is also an employee of the same county or whose spouse is an employee of the same county may vote on matters in which such member has a conflict of interest. A conflict of interest is created under this section when a member is voting on a matter which, if approved by the legislative body, would increase the pay or benefits of that member or that member's spouse.
(2)
Each vote taken by a legislative body of a county that has the effect of increasing the pay or benefits of county employees must be by recorded electronic vote or by roll call vote.
(3)
The vote of any member having a conflict of interest is void if successfully challenged pursuant to subdivision (a)(4).
(4)
After each vote is taken that could involve a conflict of interest under subdivision (a)(1) and prior to the vote being announced by the chair, the chair shall ask the members of the legislative body if a member of the legislative body voted in violation of subdivision (a)(1). If the chair finds that a member voted in violation of subdivision (a)(1}, the chair shall declare that member's vote void.
(b)
(1)
Subsection (a) shall not prohibit a member of a local governing body of a county from voting on the budget, appropriation resolution, or tax rate resolution, or amendments thereto, unless the vote is on a specific amendment to the budget or a specific appropriation or resolution in which the member has a conflict of interest.
(2)
If a member of a county governing body who is voting on a proposed budget, appropriation resolution, or tax rate resolution, or amendments thereto, has a conflict of interest under subsection (a) or another existing conflict of interest, then the member must declare the conflict of interest at the meeting prior to casting the member's vote.
(c)
Any member of a local governing body of a county who abstains from voting for cause on any issue coming to a vote before the body shall not be counted for the purpose of determining a majority vote. This subsection (c) shall not apply to any county having a metropolitan form of government and having a population in excess of five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census.
(d)
Nothing in this section alters, amends, or otherwise affects §
12-4-101(a)
. In the event of any conflict between this section and §
12-4-101(a)
, §
12-4-101(a)
shall prevail.
(e)
The legislative body of any metropolitan form of government or charter form of government may opt out of this section by resolution.
Amended by 2024 Tenn. Acts, ch. 798,s 1, eff. 7/1/2024.
Amended by 2022 Tenn. Acts, ch. 656, s 1, eff. 3/15/2022.
Added by 2016 Tenn. Acts, ch. 1072, s 2, eff. 5/20/2016.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 5 - COUNTY LEGISLATIVE BODIES (§§ 5-5-101 — 5-5-203) › Part 1 - SUBSTANTIVE PROVISIONS (§§ 5-5-101 — 5-5-127) › Section 5-5-113 - Required orientation training for members of county legislative bodies

(a)
Each member of a county legislative body shall:
(1)
No later than one hundred twenty (120) days after election or appointment, complete orientation training provided by the University of Tennessee's county technical assistance service (CTAS). This subdivision (a)(1) applies only to members newly elected or appointed on or after April 12, 2018; and
(2)
Annually, complete at least eight (8) hours of continuing education training at conferences or meetings provided or approved by CTAS. The period for compliance under this subdivision (a)(2) begins on September 1, 2024. This subdivision (a)(2) does not apply to:
(A)
A person appointed to fill a vacancy on a county legislative body until September 1 after the person's appointment;
(B)
An incumbent in office prior to April 12, 2018, until the incumbent is separated from office for any reason and is subsequently elected or appointed to serve as a member of a county legislative body; and
(C)
Any commissioner after eight (8) years of service.
(b)
CTAS may provide the training required under subsection (a) in person or by any other means available.
(c)
The comptroller of the treasury shall, at least annually, post on its website the name of each member of a legislative body and the hours of training required and completed for each member in compliance with subsection (a).
(d)
A county may, and is encouraged to, pay a supplement of six hundred dollars ($600), in addition to the commissioner's regular salary, to a commissioner for such county who successfully completes in each year the continuing education training required by subdivision (a)(2).
Amended by 2024 Tenn. Acts, ch. 997,s 1, eff. 5/21/2024.
Added by 2018 Tenn. Acts, ch. 718, s 1, eff. 5/20/2018.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 5 - COUNTY LEGISLATIVE BODIES (§§ 5-5-101 — 5-5-203) › Part 1 - SUBSTANTIVE PROVISIONS (§§ 5-5-101 — 5-5-127) › Section 5-5-114 - Resolution or ordinance prohibiting or restricting display of flag prohibited - Resolution or ordinance regulating manner or placement of flag

(a)
Except as provided in subsection (b), a county legislative body shall not adopt or enforce a resolution or ordinance that prohibits or restricts, or has the effect of prohibiting or restricting, a property owner from displaying a flag of the United States of America, a flag of the state of Tennessee, the MIA/POW flag, or an official or replica flag of any branch of the United States armed forces on the property owner's property.
(b)
A county legislative body may adopt and enforce a resolution or ordinance that reasonably regulates the manner and placement of the display of a flag of the United States of America, a flag of the state of Tennessee, the MIA/POW flag, or an official or replica flag of any branch of the United States armed forces only when necessary to promote public health and safety.
Added by 2018 Tenn. Acts, ch. 857, s 1, eff. 5/20/2018.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 5 - COUNTY LEGISLATIVE BODIES (§§ 5-5-101 — 5-5-203) › Part 1 - SUBSTANTIVE PROVISIONS (§§ 5-5-101 — 5-5-127) › Section 5-5-118 - Powers and duties - Voting railroad stock

The county legislative bodies have the power, and it is their duty, through an agent or proxy, to vote the stock of the county in any railroad, in all elections of officers and directors in such railroad.
Acts 1875, ch. 70, § 4; Shan., § 6020; mod. Code 1932, § 10219; Acts 1978, ch. 934, § 15; T.C.A. (orig. ed.), § 5-520.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 5 - COUNTY LEGISLATIVE BODIES (§§ 5-5-101 — 5-5-203) › Part 1 - SUBSTANTIVE PROVISIONS (§§ 5-5-101 — 5-5-127) › Section 5-5-119 - Powers and duties - Supervision of local improvements

The establishment and general supervision of roads and ferries, watercourses and local improvements, are entrusted to the county legislative body, as provided in title 54, chapters 7 and 9-14.
Code 1858, § 4206 (deriv. Acts 1804, ch. 1; 1835-1836, ch. 29, § 1); Shan., § 6038; Code 1932, § 10235; Acts 1978, ch. 934, § 15; T.C.A. (orig. ed.), § 5-521.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 5 - COUNTY LEGISLATIVE BODIES (§§ 5-5-101 — 5-5-203) › Part 1 - SUBSTANTIVE PROVISIONS (§§ 5-5-101 — 5-5-127) › Section 5-5-120 - Powers and duties - Commissioners for local improvements

The county legislative bodies have power to appoint commissioners for towns, toll bridges and other public improvements, and to fill all vacancies that may at any time occur among the commissioners, as prescribed.
Code 1858, § 4207 (deriv. Acts 1817, ch. 136, § 2; 1835-1836, ch. 29, § 12); Shan., § 6039; Code 1932, § 10236; Acts 1978, ch. 934, § 15; T.C.A. (orig. ed.), § 5-522.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 5 - COUNTY LEGISLATIVE BODIES (§§ 5-5-101 — 5-5-203) › Part 1 - SUBSTANTIVE PROVISIONS (§§ 5-5-101 — 5-5-127) › Section 5-5-121 - Powers and duties - Control of public buildings

The county legislative bodies have power to erect or control, and dispose of public county buildings, as provided in chapter 7 of this title.
Code 1858, § 4214; Shan., § 6044; Code 1932, § 10241; Acts 1978, ch. 934, § 15; T.C.A. (orig. ed.), § 5-523.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 5 - COUNTY LEGISLATIVE BODIES (§§ 5-5-101 — 5-5-203) › Part 1 - SUBSTANTIVE PROVISIONS (§§ 5-5-101 — 5-5-127) › Section 5-5-122 - Powers and duties - Tax levy for public buildings

The county legislative bodies have full power to lay any tax, from time to time, and, at any time that they may think proper, to build, extend or repair, any courthouse, jail or public office for county purposes.
Code 1858, § 4211 (deriv. Acts 1829, ch. 99, § 1); Shan., § 6041; mod. Code 1932, § 10238; Acts 1978, ch. 934, § 15; T.C.A. (orig. ed.), § 5-524.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 5 - COUNTY LEGISLATIVE BODIES (§§ 5-5-101 — 5-5-203) › Part 1 - SUBSTANTIVE PROVISIONS (§§ 5-5-101 — 5-5-127) › Section 5-5-123 - Powers and duties - Time for county tax levy

The county legislative body is required, at the first term in every year, to impose, and provide for the collection of, the tax for county purposes, and fix the rate thereof; but if it omits such duty at the first session, it shall be performed at the next regular session.
Code 1858, § 4193 (deriv. Acts 1837-1838, ch. 135, § 2); Shan., § 6013; Code 1932, § 10212; Acts 1978, ch. 934, § 15; impl. am. Acts 1978, ch. 934, § 12; T.C.A. (orig. ed.), § 5-525.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 5 - COUNTY LEGISLATIVE BODIES (§§ 5-5-101 — 5-5-203) › Part 1 - SUBSTANTIVE PROVISIONS (§§ 5-5-101 — 5-5-127) › Section 5-5-124 - Powers and duties - Correction of tax errors

The county legislative bodies may release from double taxes, when they have been incurred, and correct errors in the tax list.
Code 1858, § 4213 (deriv. Acts 1851-1852, ch. 171, § 1); Shan., § 6043; Code 1932, § 10240; Acts 1978, ch. 934, § 15; T.C.A. (orig. ed.), § 5-526.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 5 - COUNTY LEGISLATIVE BODIES (§§ 5-5-101 — 5-5-203) › Part 1 - SUBSTANTIVE PROVISIONS (§§ 5-5-101 — 5-5-127) › Section 5-5-125 - Powers and duties - Exemptions from roadwork, peddling requirements

The county legislative bodies may exempt any indigent, decrepit, or other persons unable by manual labor or physical exertion to obtain a living, from working on the public roads as provided in §
71-5-2302
, or allow persons to hawk and peddle, without license, as provided in §
67-4-102
.
Code 1858, § 4212 (deriv. Acts 1845-1846, ch. 97); Shan., § 6042; Code 1932, § 10239; Acts 1978, ch. 934, § 15; 1979, ch. 23, § 4; T.C.A. (orig. ed.), § 5-527.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 5 - COUNTY LEGISLATIVE BODIES (§§ 5-5-101 — 5-5-203) › Part 1 - SUBSTANTIVE PROVISIONS (§§ 5-5-101 — 5-5-127) › Section 5-5-126 - Powers and duties - Oaths of witnesses

Power is given to members of the county legislative body to administer an oath or affirmation, as provided by law for witnesses appearing in a court of record of this state to give testimony in such court, when a witness is called to give testimony before the county legislative body or any committee of the county legislative body that has been created by a duly adopted resolution of the county legislative body.
Acts 1979, ch. 71, § 1; T.C.A., § 5-528.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 5 - COUNTY LEGISLATIVE BODIES (§§ 5-5-101 — 5-5-203) › Part 1 - SUBSTANTIVE PROVISIONS (§§ 5-5-101 — 5-5-127) › Section 5-5-127 - Powers and duties - Alcoholic beverages in parks, etc

(a)
A county may by resolution of its county legislative body prohibit or restrict the consumption of any alcoholic beverage or beer in public parks or recreation areas that are not within the corporate boundaries of a municipality. Such areas shall be prominently posted by the county in order to give the public reasonable notice.
(b)
A violation of such a resolution shall upon conviction be a Class A misdemeanor and be punishable by a fine of not more than fifty dollars ($50.00).
Acts 1984, ch. 976, § 1.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 5 - COUNTY LEGISLATIVE BODIES (§§ 5-5-101 — 5-5-203) › Part 2 - TRANSITIONAL PROVISIONS (§§ 5-5-201 — 5-5-203) › Section 5-5-202 - County bonds

(a)
It is the intent of the general assembly to preserve the rights and privileges of holders of outstanding county bonds and other indebtedness. The respective counties shall continue to be liable upon all outstanding bonds and other indebtedness for which they were liable prior to May 11, 1978, and nothing in this chapter and chapters 1 and 6 of this title shall be construed to abolish, limit or abrogate any rights or privileges heretofore existing in any holders of such outstanding bonds or indebtedness.
(b)
With respect to county bonds and other indebtedness, the county mayor established by this chapter and chapters 1 and 6 of this title shall succeed to all rights and duties heretofore existing as to any officers whose functions are assumed in whole or part by the county mayor pursuant to this chapter and chapters 1 and 6 of this title. Likewise with respect to county bonds and other indebtedness, the county legislative body established by this chapter and chapters 1 and 6 of this title shall succeed to all rights and duties heretofore existing as to any entities whose functions are assumed in whole or part by the county legislative body pursuant to this chapter and chapters 1 and 6 of this title.
Acts 1978, ch. 934, § 34; T.C.A., § 5-552; Acts 2003, ch. 90, § 2.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 5 - COUNTY LEGISLATIVE BODIES (§§ 5-5-101 — 5-5-203) › Part 2 - TRANSITIONAL PROVISIONS (§§ 5-5-201 — 5-5-203) › Section 5-5-203 - Effect on private and other acts

(a)
Any law, private act or general act of local application in conflict with any provision of this chapter and chapters 1 and 6 of this title is hereby repealed.
(b)
Any law, private act or general law of local application not in conflict with this chapter and chapters 1 and 6 of this title shall remain in full force and effect; provided, that any conflict shall be construed in favor of implementing this chapter and chapters 1 and 6 of this title and repealing the conflicting law.
(c)
Nothing in this chapter and chapters 1 and 6 of this title shall be construed as affecting the operation or existence of boards, commissions, committees or other agencies of local government except as necessary to avoid conflict with express provisions hereof.
Acts 1978, ch. 934, §§ 40, 41; T.C.A., § 5-553.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 6 - COUNTY MAYORS (§§ 5-6-101 — 5-6-205) › Part 1 - SUBSTANTIVE PROVISIONS (§§ 5-6-101 — 5-6-121) › Section 5-6-101 - County mayor - Term - Title

(a)
Except in counties organized under the consolidated government provisions of the Constitution of Tennessee, article XI, § 9, the chief executive officer of each county shall be a county mayor elected in accordance with §
5-6-102
by the qualified voters of the county for a term of four (4) years or until a successor is elected and qualified.
(b)
The term of office for a county mayor shall begin on September 1 next succeeding the county mayor's election.
(c)
References to the chair of the county court and county judge appearing elsewhere in this code shall be deemed references to the county mayor.
(d)
(1)
The chief executive officer of each county shall be redesignated and hereafter referred to as the county mayor, except as provided in subdivision (d)(2). References to the term "county executive" appearing elsewhere in this code are to be deemed references to the county mayor.
(2)
Private acts enacted prior to March 28, 2007, designating the title of the chief executive officer of the county as "county executive" shall remain in full force and effect. No county may redesignate the county mayor as county executive by private act following March 28, 2007.
(3)
Notwithstanding subdivisions (d)(1) and (2), in any county having a population of not less than twenty thousand one hundred (20,100) nor more than twenty thousand two hundred (20,200), according to the 2000 federal census or any subsequent federal census, the chief executive officer of the county shall be designated and hereafter referred to as the county executive.
Code 1858, § 4187 (deriv. Acts 1835-1836, ch. 6, § 4); impl. am. Acts 1887, ch. 236, § 2; Shan., § 6004; Code 1932, § 10202; impl. am. Acts 1935, ch. 10, § 1; C. Supp. 1950, § 10202; Acts 1978, ch. 934, § 16; 1979, ch. 53, § 1; T.C.A. (orig. ed.), § 5-601; Acts 1981, ch. 219, § 2; 2003, ch. 90, §§ 1, 2; 2004, ch. 568, § 1; 2007, ch. 3, § 1; 2011, ch. 107, § 1.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 6 - COUNTY MAYORS (§§ 5-6-101 — 5-6-205) › Part 1 - SUBSTANTIVE PROVISIONS (§§ 5-6-101 — 5-6-121) › Section 5-6-102 - Election

Election of the county mayor shall be in accordance with the following provisions:
(1)
In counties of Class 1 and counties of Class 2 having a county council form of county government as established by §
8-24-101
, in counties having a population of not less than twelve thousand three hundred fifty (12,350) nor more than twelve thousand three hundred seventy-five (12,375), or not less than thirty-eight thousand eight hundred (38,800) nor more than thirty-eight thousand nine hundred (38,900), by the federal census of 1970 or any subsequent federal census, and in counties having a chair of the county court on May 11, 1978, the county mayor shall be elected in the regular August election in 1978 and every four (4) years thereafter.
(2)
In all other counties, the county mayor shall be elected in the regular August election in 1978 and every four (4) years thereafter.
Code 1858, § 4187 (deriv. Acts 1835-1836, ch. 6, § 4); impl. am. Acts 1887, ch. 236, § 2; Shan., § 6004; Code 1932, § 10202; impl. am. Acts 1935, ch. 10, § 1; C. Supp. 1950, § 10202; T.C.A. (orig. ed.), § 5-601 (b); Acts 1978, ch. 934, § 16; T.C.A. (orig. ed.), § 5-602; Acts 1981, ch. 219, § 3; 2003, ch. 90, § 2.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 6 - COUNTY MAYORS (§§ 5-6-101 — 5-6-205) › Part 1 - SUBSTANTIVE PROVISIONS (§§ 5-6-101 — 5-6-121) › Section 5-6-104 - Qualifications

(a)
The county mayor shall be:
(1)
A qualified voter of the county;
(2)
At least twenty-five (25) years of age; and
(3)
A resident of the county for one (1) full year prior to the date of filing a nominating petition for election to such office.
(b)
The county mayor shall continue to reside in the county during the county mayor's term of office, and shall not, during the county mayor's term of office, hold any other public office for profit.
Acts 1978, ch. 934, § 17; T.C.A., § 5-604; Acts 2003, ch. 90, § 2.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 6 - COUNTY MAYORS (§§ 5-6-101 — 5-6-205) › Part 1 - SUBSTANTIVE PROVISIONS (§§ 5-6-101 — 5-6-121) › Section 5-6-105 - Compensation

(a)
The county mayor shall devote full time to the duties and demands of the office unless the voters of the county, by means of a referendum authorized by Acts 1979, chapter 145, § 2, determine that such duties and demands are insufficient to require full-time action.
(b)
(1)
The county mayor shall receive for the county mayor's services such compensation as established in §
8-24-102
.
(2)
Such minimum salary shall apply to a county mayor who devotes full time to such office.
(3)
The salary of a county mayor who devotes less than full time to such office shall be determined by resolution of the county legislative body.
Acts 1978, ch. 934, § 17; 1979, ch. 145, § 1; T.C.A., § 5-605; Acts 1982, ch. 890, § 1; 1996, ch. 936, § 2; 1998, ch. 590, § 1; 2003, ch. 90, § 2.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 6 - COUNTY MAYORS (§§ 5-6-101 — 5-6-205) › Part 1 - SUBSTANTIVE PROVISIONS (§§ 5-6-101 — 5-6-121) › Section 5-6-106 - Powers and duties - Generally - Ex officio memberships - Appointments

(a)
The county mayor shall be the chief executive officer of the county and shall have all the powers and duties formerly exercised by the county judge, county chair, or elected official exercising general supervision of the county government as provided by this chapter, other general law, special, local or private acts.
(b)
(1)
(A)
The county mayor shall serve as a nonvoting ex officio member of the county legislative body. The county mayor or the county mayor's designated representative shall serve as a nonvoting ex officio member of each committee of the county legislative body and of each board, commission, or authority of the county government, except as provided by law or by action of the county legislative body.
(B)
Notwithstanding subdivision (b)(1)(A), the county mayor is not a member of the county legislative body for purposes of title 8, chapter 44, part 1.
(2)
In those circumstances not addressed by subdivision (b)(1), the county mayor may designate, from time to time, a professional staff member with appropriate training or a member of the county legislative body to sit in the county mayor's place on any board, authority or commission that the county mayor serves upon by virtue of holding the office of county mayor. Any such designee shall have the powers, including the power to vote, as are otherwise conferred upon the county mayor when serving upon such board, authority or commission. At any such meeting attended by the county mayor, only the county mayor shall exercise voting power.
(c)
Except as otherwise provided by general law, or special or private act, the county mayor shall appoint members of county boards and commissions and county department heads. Such appointees shall be subject to confirmation by the county legislative body, and in so doing, the legislative body may express its views fully and freely and shall vote for or against confirmation. The legislative body shall not seek or interview such prospective employees prior to their appointment by the county mayor. Such appointment and confirmation are not applicable to employees appointed by other elected county officials.
Amended by 2024 Tenn. Acts, ch. 580,s 1, eff. 3/15/2024.
Acts 1978, ch. 934, § 17; 1979, ch. 80, § 1; T.C.A., § 5-606; Acts 1985, ch. 145, § 1; 2003 , ch. 90, § 2.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 6 - COUNTY MAYORS (§§ 5-6-101 — 5-6-205) › Part 1 - SUBSTANTIVE PROVISIONS (§§ 5-6-101 — 5-6-121) › Section 5-6-107 - Powers and duties - Action on legislation

(a)
(1)
The county mayor has the power of veto with respect to resolutions of the county legislative body.
(2)
Such veto shall apply only to legislative resolutions and shall not apply to resolutions in which the legislative body is exercising administrative or appellate authority.
(b)
(1)
Every resolution shall be submitted to the county mayor.
(2)
If the county mayor signs it, the resolution shall become effective immediately or at a later date if the resolution so provides.
(3)
If the county mayor vetoes the resolution, the county mayor shall return it to the county legislative body for action on the county mayor's veto, in which case it shall become effective only upon subsequent passage by a majority of all the members comprising the county legislative body.
(4)
Such passage must take place within twenty (20) days of receiving the county mayor's message of veto or at the next regular meeting of the county legislative body, whichever is later.
(5)
If the county mayor fails either to sign or to veto a resolution and to report the county mayor's action to the county legislative body within ten (10) days after the resolution is submitted to the county mayor, the resolution shall become effective without the county mayor's signature upon the expiration of the ten-day period or at a later date if the resolution so provides.
(c)
The veto may not be exercised with respect to specific items or parts of items in the annual county budget, and may only be exercised with respect to the whole.
(d)
(1)
This section shall not be applicable to counties of Class 1 as established by §
8-24-101
, that have comparable provisions in special or private acts establishing a veto power in the county mayor.
(2)
This section shall not be applicable in any county in which the county mayor is elected as chair of the county legislative body as provided in §
5-5-103
.
(3)
This section shall be applicable in counties having a population of not less than twelve thousand three hundred fifty (12,350) nor more than twelve thousand three hundred seventy-five (12,375), by the federal census of 1970 or any subsequent federal census.
(4)
This section shall be applicable in counties having a population of not less than thirty-eight thousand eight hundred (38,800) nor more than thirty-eight thousand nine hundred (38,900), by the federal census of 1970 or any subsequent federal census.
Acts 1978, ch. 934, § 18; 1979, ch. 53, § 2; T.C.A., § 5-607; Acts 1988, ch. 981, § 1; 2003, ch. 90, § 2.