reglab/statecodes huggingface dataset:
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 5-6-108 - Powers and duties - County property and accounts

The county mayor shall be the accounting officer and general agent of the county; and, as such, the county mayor shall have power, and it shall be the county mayor's duty to:
(1)
Have the care and custody of all the county property, except such as is by law placed in the custody of other officers;
(2)
Appoint an agent or attorney to take care of such property, and fix such agent's or attorney's compensation;
(3)
Control all books, papers and instruments pertaining to the county mayor's office;
(4)
Audit all claims for money against the county;
(5)
Draw, without seal, all warrants upon the county treasury;
(6)
Audit and settle the accounts of the county trustee, and those of any other collector or receiver of county revenue, taxes, or incomes, payable into the county treasury, and those of any persons entrusted to receive or expend any money of the county;
(7)
Require such officers or persons to render and settle their accounts as directed by law, or by the authority under which they act;
(8)
Enter in a book, to be known as the warrant book, in the order of issuance, the number, date, amount and name of the drawee of each warrant drawn upon the treasury;
(9)
Keep in a suitable book an account of the receipts and expenditures of the county, so as to show clearly the assets of the county, and the debts payable to and by it, balancing the account semiannually, and generally to superintend the financial concerns of the county; and
(10)
Report, in writing, semiannually, to the county legislative body all moneys received and paid out, and a complete statement of the financial condition of the county, and the county mayor shall settle the county mayor's accounts once every year.
Code 1858, § 421 (deriv. Acts 1855-1856, ch. 253, § 8; 1857-1858, ch. 38, § 8); impl. am. Acts 1859-1860, ch. 120, § 8; Acts 1879, ch. 76, § 3; Shan., § 517; Code 1932, § 769; Acts 1978, ch. 934, § 21; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 5-608; 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 5-6-109 - Powers and duties - Bond

All county mayors shall, before entering upon the discharge of their duties, enter into an official bond prepared, executed, filed, and recorded in accordance with title 8, chapter 19, in the sum of one hundred thousand dollars ($100,000), or in a greater sum as the county legislative body may determine, payable to the state, for the use of their respective counties, conditioned for the faithful discharge of their duties as accounting officers and general agents of their counties, during their official terms, as set forth in §
5-6-108
. The bond shall be recorded in the office of the county register of deeds and transmitted to the office of the county clerk for safekeeping.
Amended by 2023 Tenn. Acts, ch. 207,s 1, eff. 7/1/2023.
Amended by 2013 Tenn. Acts, ch. 315, s 7, eff. 4/29/2013.
Acts 1879, ch. 76, § 1; Shan., § 516; Code 1932, § 768; Acts 1977, ch. 270, § 1; 1978, ch. 934, § 21; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 5-609; Acts 1998, ch. 677, § 2; 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 5-6-110 - Powers and duties - Duties as financial officer

It is the duty of the county mayor to:
(1)
Draw the county mayor's warrant on the county trustee for the payment of any judgment recovered against, or debt due from, the county;
(2)
Reduce to writing the testimony of any witness examined by the county mayor touching any settlement, and file the same therewith;
(3)
Minutely examine and settle the accounts of county officers, referring to the records, documents, dockets and papers in the offices to verify each item;
(4)
Report to the county legislative body the settlements, under oath that the county mayor believes that the report contains a true schedule of the revenue collected by each officer, and that the county mayor is bound by law to pay to the county trustee;
(5)
Make duplicates of the settlements with the clerks of the circuit, chancery and appellate courts, and deliver one (1) of the duplicates to the county clerk, and file the others in each of the clerk's offices.
Code 1858, § 525; Acts 1879, ch. 162, § 2; impl. am. Acts 1907, ch. 602, § 45; Shan., § 669; Code 1932, § 1065; impl. am. Acts 1937, ch. 33, § 51; impl. am. Acts 1959, ch. 9, § 14; Acts 1978, ch. 934, § 21; impl. am. Acts 1978, ch. 934, §§ 7, 22, 36; T.C.A. (orig. ed.), § 5-610; Acts 1998, ch. 1080, § 10; 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 5-6-114 - Powers and duties - Acting for clerk

When the county clerk is incompetent, because of interest or relationship, to do or perform any official act required by law to be done by the county clerk, it shall be lawful, and is made the duty of the county mayor to do and perform that act.
Acts 1871, ch. 42, § 1; Shan., § 676; Code 1932, § 1072; Acts 1978, ch. 934, § 21; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 5-614; 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 5-6-115 - Incompetency of clerk - Additional provisions

When the county clerk is incompetent to take and state any account, the same shall be taken and stated by a special commissioner, to be appointed by the county legislative body as provided by law.
Acts 1871, ch. 42, § 1; Shan., § 677; Code 1932, § 1073; impl. am. Acts 1978, ch. 934, §§ 7, 22, 36; T.C.A. (orig. ed.), § 5-615.
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 5-6-116 - Clerical assistants

The county mayor for each county may employ one (1) or more clerical assistants as may be necessary for the performance of the county mayor's official duties. The county mayor shall establish the compensation of any such assistant within the amount appropriated for such purpose by the county legislative body.
Acts 1959, ch. 196, § 1; 1976, ch. 726, § 1; 1978, ch. 934, § 21; 1979, ch. 130, § 1; T.C.A., § 5-616; Acts 1998, ch. 609, § 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 5-6-121 - County fire marshal - Appointment - Compensation - Qualifications

(a)
The county mayor for each county may appoint a fire marshal, whose duty shall be to coordinate the efforts of volunteer fire departments, enforce local fire safety regulations and assist in the prevention of fire and arson. If a county fire marshal is employed, the county mayor shall establish the compensation of the county fire marshal within the amount appropriated for such purpose by the county legislative body.
(b)
The county fire marshal shall:
(1)
Have at least five (5) years of experience as a firefighter;
(2)
Have and maintain certification from the state fire marshal in accordance with §
68-120-113
; and
(3)
Serve at the pleasure of the county mayor.
Acts 2008, ch. 843, § 1.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 6 - COUNTY MAYORS (§§ 5-6-101 — 5-6-205) › Part 2 - TRANSITIONAL PROVISIONS (§§ 5-6-201 — 5-6-205) › Section 5-6-205 - Effect on private and other acts

(a)
Any law, private act or general act of local application in conflict with this chapter and chapters 1 and 5 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 5 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 5 of this title and repealing the conflicting law.
(c)
Nothing in this chapter and chapters 1 and 5 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., § 5-655.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 7 - COUNTY BUILDINGS AND PROPERTY (§§ 5-7-101 — 5-7-119) › Section 5-7-101 - County powers generally

Each county may acquire and hold property for county purposes, and make all contracts necessary or expedient for the management, control and improvement thereof, and for the better exercise of its civil and political powers, and may make any order for the disposition of its property.
Code 1858, § 404; Shan., § 496; mod. Code 1932, § 742; T.C.A. (orig. ed.), § 5-701.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 7 - COUNTY BUILDINGS AND PROPERTY (§§ 5-7-101 — 5-7-119) › Section 5-7-102 - Grants for use of county

All deeds, conveyances or grants that have been, or may be, made to any officer or person for the use or benefit of the county, vest in such county the title as fully as if made to such county by name, but such conveyances hereafter shall be made to the county.
Code 1858, § 407 (deriv. Acts 1835-1836, ch. 34, § 5); Shan., § 499; Code 1932, § 745; T.C.A. (orig. ed.), § 5-702.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 7 - COUNTY BUILDINGS AND PROPERTY (§§ 5-7-101 — 5-7-119) › Section 5-7-103 - Sites for offices

The county legislative body of every county, a majority of the members being present and voting for it, may purchase and hold suitable sites for offices of the county clerks, and such other county offices as may be deemed expedient by the legislative body.
Code 1858, § 409 (deriv. Acts 1839-1840, ch. 3, § 1); Shan., § 501; Code 1932, § 753; impl. am. Acts 1978, ch. 934, §§7, 22, 36; T.C.A. (orig. ed.), § 5-703.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 7 - COUNTY BUILDINGS AND PROPERTY (§§ 5-7-101 — 5-7-119) › Section 5-7-104 - Required structures

It is the duty of the county legislative body to erect a courthouse, jail, and other necessary county buildings.
Code 1858, § 408; Shan., § 500; Code 1932, § 752; impl. am. Acts 1978, ch. 934, § 7, 36; T.C.A. (orig. ed.), § 5-704.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 7 - COUNTY BUILDINGS AND PROPERTY (§§ 5-7-101 — 5-7-119) › Section 5-7-105 - Location of county buildings and courthouse, jail, workhouse and county highway department garage - Interlocal agreements

(a)
The courthouse and all county buildings provided by the county for the county officers shall be erected within the limits of the county town; provided, that the jail and county highway department garage may be erected outside the limits of the county town but within the boundaries of the county; and provided further, that if two (2) or more counties enter into an interlocal agreement providing for a jail or workhouse to serve the counties that are parties to the agreement, then a county that is a party to such an agreement shall not be required to have a jail or workhouse located within the boundaries of the county, but any jail or workhouse serving more than one (1) county shall be located within the boundaries of one (1) of the counties that is a party to the agreement.
(b)
Nothing in this section shall be construed as preventing or prohibiting a county that has constructed a criminal justice building or facility, or that uses a building or facility, that is not located within the limits of the county seat, from holding criminal court in that building or facility; provided, that it is located within the limits of the county. If the building or facility is used to hold criminal court, a defendant may be indicted, prosecuted, tried and convicted in that building or facility as if done at the courthouse.
Code 1858, § 410; Shan., § 502; Code 1932, § 754; Acts 1975, ch. 10, § 1; T.C.A. (orig. ed.), § 5-705; Acts 1980, ch. 853, § 1; 1982, ch. 782, § 1; 1990, ch. 955, § 1; 1992, ch. 847, §1; 1995, ch. 254, §§ 1, 2; 1999, ch. 190, § 1; 2006, ch. 630, § 1.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 7 - COUNTY BUILDINGS AND PROPERTY (§§ 5-7-101 — 5-7-119) › Section 5-7-106 - Construction and maintenance costs - Tax levy

The county buildings are to be erected and kept in order and repair at the expense of the county, under the direction of the county legislative body, and it may levy a special tax for this purpose.
Code 1858, § 411; Shan., § 503; Code 1932, §755; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 5-706.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 7 - COUNTY BUILDINGS AND PROPERTY (§§ 5-7-101 — 5-7-119) › Section 5-7-107 - Employment of superintendent

The county legislative body is authorized, but not required, to employ a competent person to superintend the construction and repair of such county buildings, bridges, levees, etc., as may be necessary; the superintendent to be paid such salary as may be agreed upon, out of the county treasury, but no contract to continue longer than twelve (12) months.
Acts 1877, ch. 105, § 1; Shan., § 6048; Code 1932, §10253; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 5-707.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 7 - COUNTY BUILDINGS AND PROPERTY (§§ 5-7-101 — 5-7-119) › Section 5-7-108 - Courthouse - Sheriff's power and duties

(a)
(1)
The sheriff has charge of the courthouse, unless some other person is specially appointed by the county legislative body for that purpose, and shall prevent trespasses, exclude intruders, and keep it and the grounds attached thereto in order, reporting from time to time the repairs required, and the expense, to the county legislative body.
(2)
Beginning July 1, 2008, deputy sheriffs newly assigned to courts pursuant to §§
8-8-201(a)(2)(A)
,
16-15-715
, and
37-1-213
shall participate in forty (40) hours of basic training in courthouse security within twelve (12) months of assignment to that duty. Every year thereafter the deputies shall participate in a minimum of sixteen (16) hours of training specific to courthouse security that has been approved by the peace officers standards and training commission.
(b)
It is further the duty of the sheriff to see that the state and national flags as provided for in §
5-7-109
are properly displayed in each courtroom while such county legislative body is in session.
Code 1858, § 413; Shan., § 505; Code 1932, § 757; Acts 1961, ch. 244, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §5-708; Acts 2008 , ch. 1152, § 1.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 7 - COUNTY BUILDINGS AND PROPERTY (§§ 5-7-101 — 5-7-119) › Section 5-7-109 - Flags

(a)
Any county mayor of any county whose courthouse is equipped with a flag pole shall have the right to request and be furnished with a flag of the state of Tennessee, which flag shall be displayed by the county authority upon proper occasions.
(b)
Any county mayor desiring such state flag shall certify in such county mayor's official capacity that:
(1)
The courthouse of the county of which that person is county mayor is duly equipped with a flag pole suitable for displaying such state flag; and
(2)
If such state flag is furnished such county, the county authorities agree and obligate themselves to display the same upon all national and state holidays and other days set apart by law for patriotic purposes.
(c)
Such request shall be forwarded to the adjutant general of the state, who shall thereupon furnish the county with such state flag, to be approximately six feet (6') in length and four feet (4') in width, and from the funds appropriated for the adjutant general's department, the adjutant general is authorized to procure as many state flags as may be necessary; provided, that not more than one (1) such state flag shall be furnished to any county; provided further, that no county shall be entitled to receive a second flag where the one originally furnished it has been destroyed by the elements or other casualties.
(d)
It is the duty of the county mayor of each and every county obtaining a state flag under this section to see that the same is displayed upon all legal holidays, either state or national, and upon all other days set apart for patriotic observance.
(e)
Every county shall provide a flag of the United States and a flag of the state of Tennessee to be displayed in the courtroom of every court of record of the county while such court is in session.
Acts 1937 (3rd Ex. Sess.), ch. 20, § 1; C. Supp. 1950, § 102.1 (Williams, § 771.1); Acts 1961, ch. 244, § 2; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §5-709; Acts 2003 , ch. 90, § 2.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 7 - COUNTY BUILDINGS AND PROPERTY (§§ 5-7-101 — 5-7-119) › Section 5-7-110 - Jail specifications

(a)
The county jail shall be of sufficient size and strength to contain and keep securely the inmates confined therein, and shall contain at least two (2) apartments, one (1) for males and one (1) for females.
(b)
The county jail shall be properly heated and ventilated, and have sufficient sewerage to ensure the health and comfort of the inmates.
Code 1858, § 412; Acts 1873, ch. 104, § 1; Shan., § 504; Code 1932, § 756; T.C.A. (orig. ed.), § 5-710.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 7 - COUNTY BUILDINGS AND PROPERTY (§§ 5-7-101 — 5-7-119) › Section 5-7-111 - Replacement of courthouse or jail - Authorization

Whenever, in the opinion of a majority of the members of the county legislative body, two thirds (2/3) of them being present, the site of a jail or public prison, or courthouse, is unhealthy, insecure or inconvenient in its location to the county or to the town, or inhabitants of the town, in which it is situated, or the interest and convenience of the town would be promoted by the removal of any of the same, the members may order a sale of the site, and of the whole or part of the materials used in its construction; and they may also order that a more eligible, convenient, healthy or secure site be purchased, and cause to be erected thereon a new jail or courthouse, better suited to the convenience of the town, and to secure the safe custody, health and comfort of inmates.
Code 1858, § 414 (deriv. Acts 1835-1836, ch. 34, § 1; 1837-1838, ch. 11, §1); Shan., § 506; Code 1932, § 758; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 5-711.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 7 - COUNTY BUILDINGS AND PROPERTY (§§ 5-7-101 — 5-7-119) › Section 5-7-114 - Replacement of courthouse or jail - Deed conveying old site

Any deed of conveyance of the old site of the prison or courthouse, made by the project superintendents, duly proved or acknowledged and registered, shall be effectual to vest a valid title in the purchaser.
Code 1858, § 417 (deriv. Acts 1835-1836, ch. 34, § 4); Shan., § 509; Code 1932, § 761; Acts 1979, ch. 12, § 2; T.C.A. (orig. ed.), § 5-714.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 7 - COUNTY BUILDINGS AND PROPERTY (§§ 5-7-101 — 5-7-119) › Section 5-7-115 - Authority for county governments to display historic documents on public buildings and grounds

Each county is authorized to display, in county public buildings and on county public grounds, replicas of historical documents, including, but not limited to, the Ten Commandments, Magna Carta, Mayflower Compact, Declaration of Independence, United States Constitution, Bill of Rights, Constitution of Tennessee, and other such historically significant documents in the form of statues, monuments, memorials, tablets, or any other display that respects the dignity and solemnity of such documents.
Acts 2012, ch. 686, § 1.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 7 - COUNTY BUILDINGS AND PROPERTY (§§ 5-7-101 — 5-7-119) › Section 5-7-116 - Leasing

Each county may lease land or existing buildings owned by the county to any person, corporation, partnership or association for such consideration and upon such terms as in the judgment of the governing body are in the interest of the county.
Acts 1983, ch. 233, § 1.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 7 - COUNTY BUILDINGS AND PROPERTY (§§ 5-7-101 — 5-7-119) › Section 5-7-117 - County operating water utility system - Transfer of system to utility district - Procedure

(a)
Notwithstanding any other law to the contrary, any county operating a water utility system pursuant to previous transfer or merger under the authority of title 7, chapter 82, or operating under private acts, or otherwise, may by resolution agree to transfer all or any part of such water system to a utility district having all or part of its official territory within the county, which utility district was either previously formed or formed for the purpose of receiving transfer of such system; provided, that the resolution must contain a provision requiring the protection of all rights of bondholders, and must specifically state all other conditions to the transfer that may be imposed by the county legislative body, and such resolution must be approved by a two-thirds (2/3) vote of such county legislative body.
(b)
Before voting to sell, transfer, convey or set over such system, the county legislative body shall cause notices to be mailed to all customers of such county water system or the part thereof intended to be transferred, and shall provide such customers an opportunity to testify in a public hearing, the date of which shall be fixed in such notice.
(c)
When all conditions of such resolution shall have been met, the county mayor and president of the utility district shall sign an addendum to the contract, identifying the county and the utility district resolutions of which the contract consists, certifying that all conditions therein have been met, and shall cause such addendum to be published in a newspaper of general circulation within the county at the expense of the utility district, upon which publication the transfer shall thereupon be consummated by operation of law without the need for the execution of any instruments of transfer.
Acts 1991, ch. 228, §2; 2003 , ch. 90, § 2.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 7 - COUNTY BUILDINGS AND PROPERTY (§§ 5-7-101 — 5-7-119) › Section 5-7-118 - County security officers - Standards - Police powers

(a)
The county mayor or the county mayor's designee is authorized to establish policies pursuant to which a suitable number of persons may be employed and commissioned as county security officers.
(b)
All security officers employed pursuant to this section must meet the minimum certification requirements of the peace officers standards and training commission.
(c)
The county mayor or the county mayor's designee is authorized to establish such other minimum qualifications for employment as security officers as deemed appropriate; however, the qualifications for security officers permitted to carry firearms or other arms while on duty shall be at least equivalent to the certification requirements of the peace officers standards and training commission.
(d)
When properly commissioned and qualified in accordance with the policies of the county mayor or the county mayor's designee, the security officers shall have all the police powers necessary to enforce all state laws and duly enacted county ordinances. The authority hereby granted extends to all facilities or property owned, leased or operated by the county.
(e)
This section only applies in any county having a population in excess of eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census.
Acts 1996, ch. 716, §2; 2003 , ch. 90, § 2.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 7 - COUNTY BUILDINGS AND PROPERTY (§§ 5-7-101 — 5-7-119) › Section 5-7-119 - County authorized to dispose of real property at nominal cost to certain nonprofit corporations

Notwithstanding any rule, regulation or other law to the contrary, any county, upon two-thirds (2/3) vote of the county legislative body, may dispose of real property at a nominal cost by private negotiation and sale to a nonprofit corporation, incorporated under the laws of this state, that has received a determination of exemption from the internal revenue service pursuant to
26 U.S.C. § 501(c)(3)
, and whose purpose includes providing educational and vocational training services to children and adults with disabilities or whose purpose includes providing educational services to youth in areas, including health, science, agriculture, and civic engagement through in-school and after-school programs, and school and community clubs and camps.
Amended by 2020 Tenn. Acts, ch. 721, s 1, eff. 6/22/2020.
Added by 2014 Tenn. Acts, ch. 635, s 1, eff. 4/4/2014.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 8 - RECEIPT AND MANAGEMENT OF FUNDS (§§ 5-8-101 — 5-8-604) › Part 1 - GENERAL PROVISIONS (§§ 5-8-101 — 5-8-108) › Section 5-8-101 - Sources of county revenue - Gifts and donations

(a)
County revenue is derived from taxes on property, privileges, litigation, merchants, peddlers; from fines and forfeitures; and from money remaining unclaimed more than two (2) years in clerks' offices.
(b)
Notwithstanding any law to the contrary, a county is authorized to accept and receive gifts and donations of money, intangible personal property, tangible personal property and real property. If any such gift or donation is offered subject to conditional or restrictive terms, then the gift must be accepted by majority vote of the county legislative body and must be used by the county subject to the terms of such conditions or restrictions. If an unrestricted gift or donation of money is accepted and received, then such money must be deposited in the county general fund and must be appropriated and expended in accordance with county budgetary procedures. If an unrestricted gift or donation of personal or real property is accepted and received, and if the property is subsequently leased or sold, then the proceeds from such lease or sale must be deposited in the county general fund and must be appropriated in accordance with county budgetary procedures.
Code 1858, § 482; Shan., § 644; mod. Code 1932, § 1035; impl. am. Acts 1963, ch. 14, § 1; Acts 1979, ch. 23, § 5; T.C.A. (orig. ed.), § 5-801; Acts 1999, ch. 109, § 1.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 8 - RECEIPT AND MANAGEMENT OF FUNDS (§§ 5-8-101 — 5-8-604) › Part 1 - GENERAL PROVISIONS (§§ 5-8-101 — 5-8-108) › Section 5-8-103 - Exempt or taxable property, privileges

The property and privileges that are taxable or exempt from taxation, for county purposes, are the same that are taxable or exempt from taxation for state revenue.
Code 1858, § 483; Shan., § 645; Code 1932, § 1036; Acts 1979, ch. 23, § 6; T.C.A. (orig. ed.), § 5-803.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 8 - RECEIPT AND MANAGEMENT OF FUNDS (§§ 5-8-101 — 5-8-604) › Part 1 - GENERAL PROVISIONS (§§ 5-8-101 — 5-8-108) › Section 5-8-104 - Fines applied to county use

Fines, amercements, forfeitures, and recoveries in prosecutions for offenses below the grade of petit larceny, shall be applied to the use of the county where they originate.
Code 1858, § 486 (deriv. Acts 1835-1836, ch. 55, § 2); Shan., § 646; Code 1932, § 1037; T.C.A. (orig. ed.), § 5-804.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 8 - RECEIPT AND MANAGEMENT OF FUNDS (§§ 5-8-101 — 5-8-604) › Part 1 - GENERAL PROVISIONS (§§ 5-8-101 — 5-8-108) › Section 5-8-105 - Fines adjudged by general sessions judges

Fines and forfeitures arising in pursuance of the judgment of any judge of the court of general sessions, on any penal statute, shall belong to the county.
Code 1858, § 487 (deriv. Acts 1815, ch. 131, § 1); Shan., § 647; Code 1932, § 1038; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 5-805.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 8 - RECEIPT AND MANAGEMENT OF FUNDS (§§ 5-8-101 — 5-8-604) › Part 1 - GENERAL PROVISIONS (§§ 5-8-101 — 5-8-108) › Section 5-8-106 - Revenue docket

A book, to be called the revenue docket, shall be kept by the county clerk, in which the county clerk shall record all the sources of the county revenue, whether consisting of taxes upon property, or upon sales of merchandise and patent medicines, or on the exercise of privileges, or of fines and forfeitures, or otherwise.
Code 1858, § 495; Shan., § 653; Code 1932, § 1052; impl. am. Acts 1963, ch. 14, § 1; impl. am. Acts 1973, ch. 226, § 4; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 5-806.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 8 - RECEIPT AND MANAGEMENT OF FUNDS (§§ 5-8-101 — 5-8-604) › Part 1 - GENERAL PROVISIONS (§§ 5-8-101 — 5-8-108) › Section 5-8-107 - Use of revenue, generally

(a)
Any revenue of a county, the use of which is not otherwise expressly restricted, and that is derived from taxes levied by the state and distributed to the various counties, from which taxes the cities likewise receive a portion thereof from the state collection, and any revenue of a county derived solely from taxes on privileges exercised in that county outside the corporate limits of any city, may be spent in such manner as the local governing body of each county shall direct, including, but not limited to, the retirement of bonds issued by such county, regardless of the obligation recited in the bond issue for the servicing and retirement thereof.
(b)
This section shall not affect municipal revenues.
Acts 1959, ch. 162, § 1; T.C.A., § 5-835.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 8 - RECEIPT AND MANAGEMENT OF FUNDS (§§ 5-8-101 — 5-8-604) › Part 1 - GENERAL PROVISIONS (§§ 5-8-101 — 5-8-108) › Section 5-8-108 - Authority to seek and use public funds

Counties of this state, acting through their appropriate governing bodies, have the power and are authorized to apply for, receive and disburse for public purposes grants, loans and funds from the federal and state governments or any department or agency thereof authorized to administer grant, loan or similar programs.
Acts 1975, ch. 153, § 1; T.C.A., § 5-836.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 8 - RECEIPT AND MANAGEMENT OF FUNDS (§§ 5-8-101 — 5-8-604) › Part 2 - BANK ACCOUNTS (§§ 5-8-201 — 5-8-210) › Section 5-8-201 - Deposits authorized - Finance committee - Securing of funds

(a)
(1)
The county legislative body in regular session assembled, a quorum being present, is authorized to adopt a resolution to contract with a bank or banks making the highest and best bid or bids to pay interest on daily balances of the county's funds; and to appoint three (3) of its members, who, in conjunction with the county trustee and county mayor, shall constitute the county finance committee, with the county mayor as chair of the committee.
(2)
Before making any such contract, the trustee shall receive the bids from the banks and shall file an analysis of the bids that have been submitted with the county clerk who shall provide a copy of this report to each member of the county legislative body on or before the next meeting of the county legislative body. The analysis shall recommend the bank making the highest and best bid or bids to pay interest on daily balances of the county's funds, considering the lowest service charges, and considering other factors affecting safety and liquidity of county moneys.
(b)
Any county shall require any financial institution that becomes a depository of county funds to secure such funds as provided in a collateral pool created under title 9, chapter 4, part 5, or in the same manner and under the same conditions as state deposits under title 9, chapter 4, parts 1 and 4.
(c)
If the county finance committee does not have a contract with a bank or other financial institution, the county trustee may contract with a bank or banks or other financial institutions for deposit, safekeeping, and earning of interest on daily balances of the county's funds, according to the same terms as are required by this section for a county finance committee. Additionally, the county trustee is authorized to enter into such agreements with banks and other financial institutions as necessary for the maintenance of collateral to secure the daily balances of the county's funds on deposit with banks or other financial institutions.
(d)
Notwithstanding any general law or private act to the contrary, at least once every four (4) years and not less than once every term of office, the county trustee shall evaluate whether the contract entered into pursuant to this section should be rebid. The evaluation shall be based on obtaining proposals from at least two (2) banks or other financial institutions. The trustee shall prepare a written evaluation of the proposals and preserve the evaluation for a period of not less than three (3) years.
Acts 1909, ch. 305, § 1; Shan., § 647a1; Code 1932, § 1039; Acts 1977, ch. 435, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; impl. am. Acts 1978, ch. 934, § 12; T.C.A. (orig. ed.), § 5-810; Acts 1992, ch. 592, §§ 1-5; 1993, ch. 315, §§ 9, 15; 1994, ch. 752, § 1; 2003, ch. 90, § 2; 2008, ch. 899, § 1.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 8 - RECEIPT AND MANAGEMENT OF FUNDS (§§ 5-8-101 — 5-8-604) › Part 2 - BANK ACCOUNTS (§§ 5-8-201 — 5-8-210) › Section 5-8-202 - Contracts - Execution and effect

The finance committee, to carry out the will of the county legislative body, shall be vested with full power to formulate, make and sign a contract upon the terms and conditions specified, which contract shall be approved by the county mayor, and attested by the county clerk, with the county seal attached, on the part of the county, and shall be binding on the county.
Acts 1909, ch. 305, § 2; Shan., § 647a2; Code 1932, § 1040; impl. am. Acts 1978, ch. 934, §§ 7, 16, 22, 36; T.C.A. (orig. ed.), § 5-811; Acts 2003, ch. 90, § 2.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 8 - RECEIPT AND MANAGEMENT OF FUNDS (§§ 5-8-101 — 5-8-604) › Part 2 - BANK ACCOUNTS (§§ 5-8-201 — 5-8-210) › Section 5-8-203 - Contracts - Notice to trustee

When the contract has been signed on the part of the county, and also signed by the proper officers, on the part of the bank or banks under the seal thereof, and a good and sufficient bond has been executed by the bank or banks, for the faithful performance of the contract and to save the county harmless, the finance committee shall so notify the county trustee, in writing, and order the county trustee to place all funds already in the county trustee's hands or that may thereafter be collected by the county trustee on deposit in the bank or banks, noting the funds that shall draw interest and the amount thereof.
Acts 1909, ch. 305, § 3; Shan., § 647a3; Code 1932, § 1041; T.C.A. (orig. ed.), § 5-812.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 8 - RECEIPT AND MANAGEMENT OF FUNDS (§§ 5-8-101 — 5-8-604) › Part 2 - BANK ACCOUNTS (§§ 5-8-201 — 5-8-210) › Section 5-8-204 - Deposit of funds by trustee

Upon the receipt of the notice and order specified in §
5-8-203
, it is made the duty of the county trustee to place all funds in the notice in the bank or banks designated therein.
Acts 1909, ch. 305, § 4; Shan., § 647a4; Code 1932, § 1042; T.C.A. (orig. ed.), § 5-813.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 8 - RECEIPT AND MANAGEMENT OF FUNDS (§§ 5-8-101 — 5-8-604) › Part 2 - BANK ACCOUNTS (§§ 5-8-201 — 5-8-210) › Section 5-8-205 - Liability of trustee

From the date of the deposit, which shall be evidenced by the bank book, the county trustee shall be released from liability for losses to the county in consequence of the contract and deposit; but should the county trustee fail or refuse specifically to obey the order specified in §
5-8-203
, the county trustee shall be held liable not only for the money collected and not so deposited, but for the interest on the funds mentioned in the contract, and as a penalty shall be liable for further interest equal in amount of the interest contracted for, all of which may be recovered by suit; and when collected the interest paid as penalty shall become the property of the contracting bank or banks, and the balance of the fund recovered, together with the cost, shall be paid to the county.
Acts 1909, ch. 305, § 5; Shan., § 647a5; Code 1932, § 1043; T.C.A. (orig. ed.), § 5-814.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 8 - RECEIPT AND MANAGEMENT OF FUNDS (§§ 5-8-101 — 5-8-604) › Part 2 - BANK ACCOUNTS (§§ 5-8-201 — 5-8-210) › Section 5-8-206 - Monthly statements

Before the fifteenth of each month, each of the contracting banks shall render a statement to the county trustee, showing the balance on hand and the interest thereon due the county to the first of the month, and the county trustee shall, in the county trustee's monthly report to the county mayor, as required by §
67-5-1902(a)
, show the amount of the monthly balance as per bank statement, the interest to be placed by the trustee to the credit of the proper county fund.
Acts 1909, ch. 305, § 6; Shan., § 647a6; Code 1932, § 1044; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 5-815; Acts 1993, ch. 315, § 1; 2003, ch. 90, § 2.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 8 - RECEIPT AND MANAGEMENT OF FUNDS (§§ 5-8-101 — 5-8-604) › Part 2 - BANK ACCOUNTS (§§ 5-8-201 — 5-8-210) › Section 5-8-207 - County officers - Securing funds - Mandatory accounts

(a)
(1)
Every county official handling public funds shall be required to maintain an official bank account in a bank or banks within this state, and shall, within three (3) days after the receipt by such county official of any public funds, deposit the funds to the credit of such county official's official bank account, or bank accounts. Each county official maintaining an official bank account is authorized to enter into such agreements with banks and other financial institutions as necessary for the maintenance of collateral to secure the funds on deposit; provided, that the deposit of county funds in banks or financial institutions by a county trustee shall be done in accordance with §
5-8-201
.
(2)
All funds deposited with a bank or other financial institution shall be secured by collateral in the same manner and under the same conditions as state deposits under title 9, chapter 4, parts 1 and 4, or as provided in a collateral pool created under title 9, chapter 4, part 5.
(3)
This requirement shall not prohibit a county official handling public funds from maintaining a petty cash fund in an account sufficient for the transaction of the official business of such county official's office.
(b)
Every county official handling public funds shall be required to make all disbursements of such public funds by consecutively prenumbered warrants or consecutively prenumbered checks drawn on such county official's official bank account or bank accounts.
(c)
A violation of this section is a Class C misdemeanor.
Acts 1953, ch. 43, §§ 1-3 (Williams, §§ 1902.4-1902.6); Acts 1977, ch. 118, § 1; T.C.A. (orig. ed.), §§ 5-816 -- 5-818; 5-8-208, 5-8-209; Acts 1989, ch. 591, § 113; 1993, ch. 315, § 16; 1994, ch. 752, § 2.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 8 - RECEIPT AND MANAGEMENT OF FUNDS (§§ 5-8-101 — 5-8-604) › Part 3 - INVESTMENT IN BONDS OR NOTES (§§ 5-8-301 — 5-8-303) › Section 5-8-302 - Committee on investment

(a)
For the purpose of carrying out §
5-8-301
, the county legislative body of the several counties may appoint a committee with authority to designate the types of investments, the amounts of those investments and the maturity of those investments.
(b)
No liability shall attach to any member of a committee selected for the purpose mentioned in subsection (a), except for misfeasance or malfeasance in the performance of the duties imposed on the committee.
Acts 1943, ch. 23, § 2; C. Supp. 1950, § 1044.2 (Williams, § 1080.2); impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 5-820; Acts 2006, ch. 693, § 3.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 8 - RECEIPT AND MANAGEMENT OF FUNDS (§§ 5-8-101 — 5-8-604) › Part 4 - UNCLAIMED FUNDS (§§ 5-8-401 — 5-8-404) › Section 5-8-401 - Disposition

The county mayor is required, in making settlements with clerks, to ascertain what amount of money is in their hands due to witnesses and officers, that may have been collected by them from suitors, and that has been in the hands of the clerk for more than two (2) years, and such sums of money shall be paid into the county treasury as other county revenue.
Code 1858, § 521 (deriv. Acts 1845-1846, ch. 32, § 1); Shan., § 661; Code 1932, § 1060; Acts 1939, ch. 193, § 1; C. Supp. 1950, § 1060; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 5-821; Acts 2003, ch. 90, § 2.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 8 - RECEIPT AND MANAGEMENT OF FUNDS (§§ 5-8-101 — 5-8-604) › Part 4 - UNCLAIMED FUNDS (§§ 5-8-401 — 5-8-404) › Section 5-8-402 - Records and reports

(a)
The several clerks shall, upon oath, produce their books and papers, and point out to the county mayor the items so collected by them and remaining in their hands, mentioned in §
5-8-401
; and the county mayor shall examine the books minutely, and interrogate the clerks with a view to elicit the facts, and shall report thereon.
(b)
The county mayor shall include with the report a list of the persons to whom money remaining in the hands of the clerk is due, and the amount due, and the county clerk shall spread the same in full in a record book kept for this purpose.
Code 1858, §§ 522, 523 (deriv. Acts 1845-1846, ch. 32, §§ 2, 4); Shan., §§ 662, 663; Code 1932, §§ 1061, 1062; impl. am. Acts 1978, ch. 934, §§ 16, 22, 36; T.C.A. (orig. ed.), § 5-822; Acts 2003, ch. 90, § 2.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 8 - RECEIPT AND MANAGEMENT OF FUNDS (§§ 5-8-101 — 5-8-604) › Part 4 - UNCLAIMED FUNDS (§§ 5-8-401 — 5-8-404) › Section 5-8-403 - Payment to claimant

The person to whom any money paid into the county treasury is due may apply to the county mayor for a warrant for the amount due that person, and, on presenting this warrant to the county trustee, the county trustee shall pay the amount, as in other cases, out of any money in the treasury.
Code 1858, § 524 (deriv. Acts 1845-1846, ch. 32, § 6); Shan., § 664; Code 1932, § 1063; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 5-823; Acts 2003, ch. 90, § 2.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 8 - RECEIPT AND MANAGEMENT OF FUNDS (§§ 5-8-101 — 5-8-604) › Part 4 - UNCLAIMED FUNDS (§§ 5-8-401 — 5-8-404) › Section 5-8-404 - Unclaimed funds from appellate courts

This part shall apply to clerks of the appeals and supreme courts, who are required to pay over to the county mayor of the county in which the suits originated, as other county revenue, on the first day of January, April, July, and October of each year, all moneys in their hands due to witnesses, officers, litigants, or others, that may have been collected by the clerk from suitors or from the state and county treasury, and that have been in court for more than two (2) years.
Acts 1895, ch. 137, § 1; Shan., § 665; mod. Code 1932, § 1064; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 5-824; Acts 2003, ch. 90, § 2.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 8 - RECEIPT AND MANAGEMENT OF FUNDS (§§ 5-8-101 — 5-8-604) › Part 5 - ACCOUNTING SYSTEM AND REPORTS (§§ 5-8-501 — 5-8-507) › Section 5-8-501 - Standard accounting system

The comptroller of the treasury, with the approval of the governor, shall devise a modern and effective bookkeeping and accounting system to be used by all county officials and agencies receiving and disbursing the revenues of the state or any political subdivision thereof, and shall prescribe the minimum standards that shall be required under such system.
Acts 1953, ch. 25, § 1 (Williams, § 1681.1); T.C.A. (orig. ed.), § 5-825.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 8 - RECEIPT AND MANAGEMENT OF FUNDS (§§ 5-8-101 — 5-8-604) › Part 5 - ACCOUNTING SYSTEM AND REPORTS (§§ 5-8-501 — 5-8-507) › Section 5-8-502 - Compliance with accounting standards

All county officials and agencies receiving and disbursing the revenues of the state or any political subdivision thereof shall be required to adopt a system of bookkeeping and accounting that meets the minimum standards provided for in §
5-8-501
.
Acts 1953, ch. 25, § 2 (Williams, § 1681.2); T.C.A. (orig. ed.), § 5-826.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 8 - RECEIPT AND MANAGEMENT OF FUNDS (§§ 5-8-101 — 5-8-604) › Part 5 - ACCOUNTING SYSTEM AND REPORTS (§§ 5-8-501 — 5-8-507) › Section 5-8-503 - Noncompliance - Additional audit costs

If any county official or agency receiving and disbursing the revenues of the state or any political subdivision thereof shall fail to comply with §
5-8-502
, the county, within thirty (30) days after the completion of the audit made by the state department of audit under §§
4-3-304
and
9-3-212
, shall be obligated to pay into the office of the comptroller of the treasury such portion of the actual cost of the audit as exceeds the fee provided by §
9-3-210
.
Acts 1953, ch. 25, § 3 (Williams, § 1681.3); impl. am. Acts 1977, ch. 103, §§ 2, 7; T.C.A. (orig. ed.), § 5-827.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 8 - RECEIPT AND MANAGEMENT OF FUNDS (§§ 5-8-101 — 5-8-604) › Part 5 - ACCOUNTING SYSTEM AND REPORTS (§§ 5-8-501 — 5-8-507) › Section 5-8-505 - Financial reports - Applicability and contents

All appointive or elective county public officials, official county boards, committees and commissions in the state having in their charge and custody public funds or moneys are required to file with the county mayor and with the county clerk, who shall provide a copy of this report to each member of the county legislative body on or before the next meeting of the county legislative body an annual financial report for the year ended June 30, in a form prescribed by the comptroller of the treasury.
Acts 1947, ch. 215, § 1; C. Supp. 1950, § 1653.1 (Williams, § 1652); T.C.A. (orig. ed.), § 5-829; Acts 1991, ch. 484, § 1; 1993, ch. 315, § 2; 2003, ch. 90, § 2.