reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 56 - FISCAL AFFAIRS (§§ 6-56-101 — 6-56-408) › Part 1 - GENERAL PROVISIONS (§§ 6-56-101 — 6-56-151) › Section 6-56-111 - Deposit of funds - Petty cash - Disbursement - Penalty for violations

(a)
Every municipal official handling public funds shall be required to, as soon as practical, but no later than three (3) working days after the receipt by such municipal official of any public funds, deposit the funds to the credit of such municipality's official bank account, or bank accounts.
(b)
This requirement shall not prohibit a municipal official handling public funds from maintaining a petty cash fund in an amount sufficient for the transaction of the official business of the municipal official's office.
(c)
Every municipal official authorized to disburse public funds shall be required to make disbursements of such public funds by consecutively prenumbered checks, warrants or other generally accepted negotiable instruments drawn on the municipality's official bank account or accounts. Disbursements may also be made by electronic transfer, if such transfer is properly documented and recorded.
(d)
A violation of this section is a Class C misdemeanor.
Acts 1993, ch. 448, § 1.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 56 - FISCAL AFFAIRS (§§ 6-56-101 — 6-56-408) › Part 1 - GENERAL PROVISIONS (§§ 6-56-101 — 6-56-151) › Section 6-56-112 - Lawful municipal purpose required

All expenditures of money made by a municipality must be made for a lawful municipal purpose.
Acts 1993, ch. 448, § 2.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 56 - FISCAL AFFAIRS (§§ 6-56-101 — 6-56-408) › Part 1 - GENERAL PROVISIONS (§§ 6-56-101 — 6-56-151) › Section 6-56-113 - Municipal funding of criminal abortion prohibited

A municipality shall not expend funds for the purposes of assisting a person in obtaining a criminal abortion. This prohibition includes expending funds as part of a health benefit plan or for travel to another state for the purpose of obtaining an abortion that would be a criminal abortion if performed in this state. As used in this section, "criminal abortion" means an abortion that is prohibited by §
39-15-213
and does not include an abortion performed pursuant to §
39-15-213(c)
.
Added by 2023 Tenn. Acts, ch. 168, s 2, eff. 4/17/2023.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 56 - FISCAL AFFAIRS (§§ 6-56-101 — 6-56-408) › Part 1 - GENERAL PROVISIONS (§§ 6-56-101 — 6-56-151) › Section 6-56-151 - Salary of municipal judges in certain municipalities

The minimum salary payable to municipal judges that have been created in all municipalities having a population greater than one hundred seventy thousand (170,000), according to the 1970 federal census or any subsequent federal census, shall be fourteen thousand five hundred dollars ($14,500) per annum, payable in equal monthly installments. Any municipality affected by this section may provide for greater compensation for the office of municipal judge. Any salary for the office of municipal judge shall be paid by the municipality wherein the office of municipal judge is established.
Acts 1971, ch. 345, § 2; T.C.A., §§ 6-809; T.C.A. §
6-56-109
.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 56 - FISCAL AFFAIRS (§§ 6-56-101 — 6-56-408) › Part 2 - MUNICIPAL BUDGET LAW OF 1982 (§§ 6-56-201 — 6-56-212) › Section 6-56-201 - Short title

This part shall be known and may be cited as the "Municipal Budget Law of 1982."
Acts 1982, ch. 626, § 1.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 56 - FISCAL AFFAIRS (§§ 6-56-101 — 6-56-408) › Part 2 - MUNICIPAL BUDGET LAW OF 1982 (§§ 6-56-201 — 6-56-212) › Section 6-56-202 - Applicability

This part applies to any municipality that does not have budget provisions in its charter that are at least as detailed as provided by §
6-56-203(1) and (3)
.
Acts 1982, ch. 626, § 1; 1993, ch. 448, § 4.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 56 - FISCAL AFFAIRS (§§ 6-56-101 — 6-56-408) › Part 2 - MUNICIPAL BUDGET LAW OF 1982 (§§ 6-56-201 — 6-56-212) › Section 6-56-203 - Annual budget ordinance

The governing body of each municipality shall adopt and operate under an annual budget ordinance. The budget ordinance shall present a financial plan for the ensuing fiscal year, including at least the following information:
(1)
Estimates of proposed expenditures for each department, board, office or other agency of the municipality, showing in addition, the expenditures for corresponding items for the last preceding fiscal year, projected expenditures for the current fiscal year, and reasons for recommended departures from the current appropriation pattern in such detail as may be prescribed by the governing body. It is the intent of this subdivision (1) that, except for moneys expended pursuant to a project ordinance or accounted for in a proprietary type fund or a fiduciary type fund that are excluded from the budget ordinance, all moneys received and expended by a municipality shall be included in a budget ordinance. Therefore, notwithstanding any other law, no municipality may expend any moneys regardless of their source, including moneys derived from bond and long-term note proceeds, federal, state or private grants or loans, or special assessments, except in accordance with a budget ordinance adopted under this section or through a proprietary type fund or a fiduciary type fund properly excluded from the budget ordinance;
(2)
Statements of the bonded and other indebtedness of the municipality, including the debt redemption and interest requirements, the debt authorized and unissued, and the condition of the sinking fund;
(3)
Estimates of anticipated revenues of the municipality from all sources including current and delinquent taxes, nontax revenues, and proceeds from the sale of any bonds or long-term notes with a comparative statement of the amounts received by the municipality from each of such sources for the last preceding fiscal year, the current fiscal year, and the coming fiscal year in such detail as may be prescribed by the governing body;
(4)
A statement of the estimated balance or deficit, as of the end of the current fiscal year;
(5)
A statement of pending capital projects and proposed new capital projects, relating to respective amounts proposed to be raised therefor by appropriations in the budget and the respective amounts, if any, proposed to be raised therefor by the issuance of bonds during the fiscal year; and
(6)
Such other supporting schedules as the governing body deems necessary, or otherwise required by law.
Acts 1982, ch. 626, § 1.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 56 - FISCAL AFFAIRS (§§ 6-56-101 — 6-56-408) › Part 2 - MUNICIPAL BUDGET LAW OF 1982 (§§ 6-56-201 — 6-56-212) › Section 6-56-204 - Municipal school budget

(a)
The municipal school budget submitted by the board of education to the governing body shall include estimates of school revenues, as well as estimates of expenditures necessary for the operation of the school system for the next fiscal period.
(b)
The governing body shall have no authority to modify or delete any item of the school estimates and shall have the power to modify only the total amount of the school budget, except that in no event shall a reduction in the school budget exceed the total sum requested by the board of education from current municipal revenues.
(c)
Such budget estimates shall not include any requests for the purchase of land, and the purchase, construction, reconstruction or major alteration of any building for school purposes. Requests for such improvements shall be transmitted to the governing body of the municipality or to the planning commission, in those municipalities where there is a planning commission, for review and incorporation into the capital improvement program.
Acts 1982, ch. 626, § 1.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 56 - FISCAL AFFAIRS (§§ 6-56-101 — 6-56-408) › Part 2 - MUNICIPAL BUDGET LAW OF 1982 (§§ 6-56-201 — 6-56-212) › Section 6-56-205 - Excess appropriations prohibited - Emergencies

The governing body shall not make any appropriations in excess of estimated available funds, except to provide for an actual emergency threatening the health, property or lives of the inhabitants of the municipality and declared by a two-thirds (2/3) vote of all members of the governing body present, when there is a quorum.
Acts 1982, ch. 626, § 1.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 56 - FISCAL AFFAIRS (§§ 6-56-101 — 6-56-408) › Part 2 - MUNICIPAL BUDGET LAW OF 1982 (§§ 6-56-201 — 6-56-212) › Section 6-56-206 - Notice and hearing on proposed budget

(a)
A public hearing shall be held on the proposed budget ordinance before its final adoption by the governing body, at such time and place as the governing body shall direct.
(b)
(1)
The governing body of each municipality shall cause to be published the proposed annual operating budget and budgetary comparisons of the proposed budget with the prior year's actual figures and the current year's estimated figures, which information shall include the following:
(A)
Revenues and expenditures for the following governmental funds: general, streets/public works, general purpose school and debt service;
(B)
Revenues for each fund shall be listed separately by local taxes, state, federal government and other sources;
(C)
Expenditures for each fund shall be listed separately by salaries and other costs;
(D)
Beginning and ending fund balances shall be shown for each fund; and
(E)
The number of full-time equivalent employee positions shall be shown for each fund.
(2)
The publication shall be in a newspaper of general circulation and shall be published not less than ten (10) days prior to the meeting where the governing body will consider final passage of the budget.
(c)
The budget and all supporting data shall be a public record in the office of the chief financial officer of the municipality and shall be open to public inspection by anyone.
(d)
The chief financial officer shall cause sufficient copies of the budget ordinance and budget message, if there is one, to be prepared for distribution to interested persons at least ten (10) days before the hearing.
Acts 1982, ch. 626, § 1; 1991, ch. 484, § 11; 1993, ch. 448, § 5.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 56 - FISCAL AFFAIRS (§§ 6-56-101 — 6-56-408) › Part 2 - MUNICIPAL BUDGET LAW OF 1982 (§§ 6-56-201 — 6-56-212) › Section 6-56-207 - Limitation on tax levies and appropriations

Except in cases of emergency as set out in §
6-56-205
, no levy of property taxes shall be made by any municipality unless and until a budget ordinance has been adopted and no appropriation of moneys or revenues shall be made for any purpose contrary to the estimates in the budget ordinance.
Acts 1982, ch. 626, § 1.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 56 - FISCAL AFFAIRS (§§ 6-56-101 — 6-56-408) › Part 2 - MUNICIPAL BUDGET LAW OF 1982 (§§ 6-56-201 — 6-56-212) › Section 6-56-208 - Amendment of budget ordinance

Except as otherwise restricted by law, the governing body may amend the budget ordinance in the same manner as any other ordinance may be amended.
Acts 1982, ch. 626, § 1.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 56 - FISCAL AFFAIRS (§§ 6-56-101 — 6-56-408) › Part 2 - MUNICIPAL BUDGET LAW OF 1982 (§§ 6-56-201 — 6-56-212) › Section 6-56-209 - Transfer of money

The governing body by appropriate resolution or ordinance may authorize the budget officer to transfer moneys from one appropriation to another within the same fund, subject to such limitations and procedures as it may prescribe. Any such transfers shall be reported to the governing body at its next regular meeting and shall be entered in the minutes.
Acts 1982, ch. 626, § 1.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 56 - FISCAL AFFAIRS (§§ 6-56-101 — 6-56-408) › Part 2 - MUNICIPAL BUDGET LAW OF 1982 (§§ 6-56-201 — 6-56-212) › Section 6-56-210 - Carry over of appropriations

If for any reason a budget ordinance is not adopted prior to the beginning of the next fiscal year, the appropriations for the last fiscal year shall become the appropriations for the next fiscal year, until the adoption of the new budget ordinance.
Acts 1982, ch. 626, § 1.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 56 - FISCAL AFFAIRS (§§ 6-56-101 — 6-56-408) › Part 2 - MUNICIPAL BUDGET LAW OF 1982 (§§ 6-56-201 — 6-56-212) › Section 6-56-211 - Unexpended appropriations

Any portion of an annual appropriation remaining unexpended and unencumbered at the close of a fiscal year shall lapse and be credited to the general fund, except that any balance remaining in any other fund at the end of a fiscal year may remain to the credit of that fund and be subject to further appropriation.
Acts 1982, ch. 626, § 1.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 56 - FISCAL AFFAIRS (§§ 6-56-101 — 6-56-408) › Part 2 - MUNICIPAL BUDGET LAW OF 1982 (§§ 6-56-201 — 6-56-212) › Section 6-56-212 - Intragovernmental service funds

(a)
If a local government or public authority establishes and operates one (1) or more intragovernmental service funds, it need not include such a fund in its budget ordinance. However, at the same time it adopts the budget ordinance, the governing body shall approve a balanced financial plan for each intragovernmental service fund. A financial plan is balanced when estimated expenditures do not exceed estimated funds available.
(b)
The budget officer shall include in the budget such officer submits to the governing body a proposed financial plan for each intragovernmental service fund to be operated during the budget year by the local government or public authority. The proposed financial plan shall be in such form and detail as prescribed by the budget officer or governing body.
(c)
The approved financial plan shall be entered in the minutes of the governing body, as shall each amendment to the plan approved by the governing body.
(d)
Any changes in a financial plan must be approved by the governing body.
Acts 1982, ch. 626, § 1.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 56 - FISCAL AFFAIRS (§§ 6-56-101 — 6-56-408) › Part 3 - MUNICIPAL PURCHASING LAW OF 1983 (§§ 6-56-301 — 6-56-307) › Section 6-56-301 - Short title

This part shall be known and may be cited as the "Municipal Purchasing Law of 1983."
Acts 1983, ch. 451, § 7.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 56 - FISCAL AFFAIRS (§§ 6-56-101 — 6-56-408) › Part 3 - MUNICIPAL PURCHASING LAW OF 1983 (§§ 6-56-301 — 6-56-307) › Section 6-56-303 - Limits on purchases

All purchases made from funds subject to the authority of this part shall be made within the limits of the approved budget, when required, and the appropriations, when required, for the department, office or agency for which the purchase is made.
Acts 1983, ch. 451, § 9; 1984, ch. 765, § 2.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 56 - FISCAL AFFAIRS (§§ 6-56-101 — 6-56-408) › Part 3 - MUNICIPAL PURCHASING LAW OF 1983 (§§ 6-56-301 — 6-56-307) › Section 6-56-305 - Advertising and bidding - Expenditures of less than $2,500

All purchases, leases, or lease-purchase agreements with expenditures of less than the maximum applicable threshold established pursuant to §
12-3-1212
in a fiscal year may be made in the open market without newspaper notice, but must, wherever possible, be based upon at least three (3) competitive bids.
Amended by 2024 Tenn. Acts, ch. 513,s 8, eff. 3/1/2024.
Acts 1983, ch. 451, § 11; 1984, ch. 765, § 5; 2006, ch. 610, § 1.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 56 - FISCAL AFFAIRS (§§ 6-56-101 — 6-56-408) › Part 3 - MUNICIPAL PURCHASING LAW OF 1983 (§§ 6-56-301 — 6-56-307) › Section 6-56-306 - Additional authority of municipal governing body

(a)
Municipal governing bodies may by ordinance increase the dollar amount required in this part for public advertisement and competitive bidding to the maximum applicable threshold over which public advertisement and sealed competitive bids or proposals are required for nonemergency, nonproprietary purchases as established pursuant to §
12-3-1212
.
(b)
Municipal governing bodies are specifically authorized to adopt regulations providing procedures for implementing this part.
Amended by 2024 Tenn. Acts, ch. 513,s 9, eff. 3/1/2024.
Acts 1983, ch. 451, § 12; 1991, ch. 270, § 1; 1995, ch. 179, § 11; 1999, ch. 269, § 1; 2008 , ch. 879, § 1.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 56 - FISCAL AFFAIRS (§§ 6-56-101 — 6-56-408) › Part 3 - MUNICIPAL PURCHASING LAW OF 1983 (§§ 6-56-301 — 6-56-307) › Section 6-56-307 - Bid specifications for purchases of chemical products

(a)
Bid specifications for purchases of chemical products pursuant to this chapter shall require that the manufacturer of the chemical products create and maintain a material safety data sheet (MSDS) for such chemical products on the national MSDSSEARCH repository or the manufacturer's web site so that the information can be accessed by means of the Internet. A site operated by or on behalf of the manufacturer or a relevant trade association is acceptable so long as the information is freely accessible to the public.
(b)
The URL for MSDSSEARCH shall be posted on the web site of the department of general services as provided in §
12-3-808
. In lieu of posting a MSDS on MSDSSEARCH, a bidder shall include the manufacturer's URL for their MSDS in the bid proposal or purchase order.
Acts 2003, ch. 184, § 2; 2004, ch. 613, § 2.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 56 - FISCAL AFFAIRS (§§ 6-56-101 — 6-56-408) › Part 4 - MUNICIPAL FINANCE OFFICER CERTIFICATION AND EDUCATION ACT OF 2007 (§§ 6-56-401 — 6-56-408) › Section 6-56-401 - Short title

This part shall be known and may be cited as the "Municipal Finance Officer Certification and Education Act of 2007."
Acts 2007, ch. 576, § 1.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 56 - FISCAL AFFAIRS (§§ 6-56-101 — 6-56-408) › Part 4 - MUNICIPAL FINANCE OFFICER CERTIFICATION AND EDUCATION ACT OF 2007 (§§ 6-56-401 — 6-56-408) › Section 6-56-402 - Employment of person with oversight responsibilities regarding financial operations - Exceptions

(a)
To ensure competence in the handling of municipal funds and the protection of public moneys, each municipality shall have in its employ, except as provided in this section, at least one (1) certified municipal finance officer (CMFO) or an exempt individual as recorder, city clerk, director of finance, or other official or employee who has oversight responsibilities regarding the municipality's financial operations, in accordance with the schedule established in this part.
(b)
Any municipality with five hundred thousand dollars ($500,000) or less in gross revenues for all funds, including utilities, but excluding one-time non-recurring grants, and with debt totaling five hundred thousand dollars ($500,000) or less in the immediately preceding fiscal year may, instead of employing a CMFO, or a qualified individual who is exempt from CMFO certification for financial oversight, shall be required to have in their employment an individual who has met the continuing education requirements of §
6-56-404
.
Amended by 2013 Tenn. Acts, ch. 153,s 1, eff. 7/1/2013.
Acts 2007, ch. 576, § 1; 2008, ch. 929, § 2; 2012, ch. 642, § 1.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 56 - FISCAL AFFAIRS (§§ 6-56-101 — 6-56-408) › Part 4 - MUNICIPAL FINANCE OFFICER CERTIFICATION AND EDUCATION ACT OF 2007 (§§ 6-56-401 — 6-56-408) › Section 6-56-403 - Development of curriculum for certified municipal finance officer - Candidates for course - Demonstrated proficiencies - Training and testing administration

(a)
The municipal technical advisory service (MTAS) of the University of Tennessee's institute for public service, with the approval of the state comptroller's office, shall develop a curriculum, including testing, leading to the designation of certified municipal finance officer (CMFO). The program must include a combination of course and lab work related to current municipal financial management topics.
(b)
A candidate for the CMFO designation shall:
(1)
Be at least eighteen (18) years of age;
(2)
Be a high school graduate or the equivalent;
(3)
Not have been convicted of any felony or any lesser crime involving theft, fraud, or other crimes of dishonesty under the laws of this state, the United States, or any other state or country if the acts involved would have constituted such a crime under the laws of this state; and
(4)
Not engage in any conduct reflecting adversely upon the candidate's fitness to perform services while certified as a CMFO.
(c)
To achieve the CMFO designation, a candidate shall demonstrate proficiency in the subject matter by passing a series of examinations on the course materials. A CMFO candidate, however, may choose to take an examination on the subject matter before taking a course, except for the course covering the governmental environment, which is mandatory for all candidates. If the candidate makes a passing grade on the examination, then the candidate must receive credit toward the CMFO designation without attending the training class in which the particular subject matter is covered. A candidate who passes all the examinations is eligible to receive the CMFO designation, and must receive that designation upon application to and certification by the comptroller of the treasury's office.
(d)
Training must be provided and examinations administered by the staff of MTAS. All examinations administered by MTAS as part of the certified municipal finance officer program, including, but not limited to, the total bank of questions from which the tests are developed, the answers, and the answer sheets of individual test takers, are confidential and are not open for public inspection, notwithstanding §
10-7-503
.
Amended by 2024 Tenn. Acts, ch. 539,s 3, eff. 3/7/2024.
Amended by 2024 Tenn. Acts, ch. 539,s 2, eff. 3/7/2024.
Amended by 2024 Tenn. Acts, ch. 539,s 1, eff. 3/7/2024.
Amended by 2013 Tenn. Acts, ch. 153, s 4, eff. 7/1/2013.
Acts 2007 , ch. 576, § 1.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 56 - FISCAL AFFAIRS (§§ 6-56-101 — 6-56-408) › Part 4 - MUNICIPAL FINANCE OFFICER CERTIFICATION AND EDUCATION ACT OF 2007 (§§ 6-56-401 — 6-56-408) › Section 6-56-404 - Continuing education to maintain certification - Revocation

(a)
To maintain certification, a certified municipal finance officer (CMFO) must earn at least sixteen (16) hours of continuing professional education (CPE) of financial education each calendar year after receiving the designation. CPE hours in excess of sixteen (16) hours are not carried over to the next calendar year. CPE hours must be filed with and maintained by the comptroller of the treasury's office, which must keep individual records on CMFOs and CMFO candidates. The comptroller may allow exceptions to the continuing education requirement for good cause shown.
(b)
A CMFO's certification may be revoked for either or both of the following:
(1)
Failure to obtain or maintain the required continuing education;
(2)
Failure to comply with the standards for CMFO candidates as set forth in §
6-56-403
.
Amended by 2021 Tenn. Acts, ch. 533, s 1, eff. 5/25/2021.
Amended by 2013 Tenn. Acts, ch. 153, s 5, eff. 7/1/2013.
Acts 2007 , ch. 576, § 1.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 56 - FISCAL AFFAIRS (§§ 6-56-101 — 6-56-408) › Part 4 - MUNICIPAL FINANCE OFFICER CERTIFICATION AND EDUCATION ACT OF 2007 (§§ 6-56-401 — 6-56-408) › Section 6-56-405 - Exemptions from education requirements

(a)
The following individuals with financial oversight responsibility employed as a finance officer by a municipality and who would otherwise be required to have the certified municipal finance officer (CMFO) designation are exempt from the educational requirements leading to the CMFO designation, but shall comply with the continuing educational requirements of §
6-56-404
:
(1)
An individual designated as a certified government finance manager (CGFM) by the association of government accountants;
(2)
An individual designated as a certified public finance officer (CPFO) by the government finance officers association;
(3)
An individual licensed as a certified public accountant (CPA) by the state board of accountancy and in active status who has a minimum of five (5) years of primarily governmental experience with at least three (3) of those years in this state.
(b)
An individual employed as a municipal finance officer with financial oversight responsibility who would otherwise be required to have the CMFO designation but who is claiming exemption shall send proof of exemption to the comptroller of the treasury. The comptroller shall acknowledge an exemption in an appropriate manner determined by the comptroller. The comptroller shall keep a record of exempted individuals and their continuing education units earned.
Acts 2007, ch. 576, § 1.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 56 - FISCAL AFFAIRS (§§ 6-56-101 — 6-56-408) › Part 4 - MUNICIPAL FINANCE OFFICER CERTIFICATION AND EDUCATION ACT OF 2007 (§§ 6-56-401 — 6-56-408) › Section 6-56-406 - Compliance

(a)
If it becomes necessary for a municipality to hire an individual in a position in which the CMFO designation is required by §
6-56-402
, then the individual hired shall either be exempt as provided in §
6-56-405
or become certified within two (2) years of the hiring date.
(b)
If the CMFO or exempt municipal finance officer leaves employment with the municipality, then the municipality has two (2) years from the date of the departing municipal finance officer's last day of employment to comply with §
6-56-402
.
(c)
For municipalities that have been subject to §
6-56-402(b)
, and circumstances change that would make them subject to §
6-56-402(a)
, the municipality is required to comply with §
6-56-402(a)
within two (2) years from the earlier of:
(1)
The submission date of the financial report used to determine that the municipality is subject to §
6-56-402(a)
; or
(2)
Six (6) months following the fiscal year end of the financial report used to make the determination.
(d)
Notwithstanding this section, a municipality may contract with a certified public accountant to perform the duties of a CMFO. The contracted CMFO shall devote a minimum of sixteen (16) hours per month to financial oversight on behalf of the municipality.
Amended by 2021 Tenn. Acts, ch. 533, s 2, eff. 5/25/2021.
Amended by 2013 Tenn. Acts, ch. 153, s 7, eff. 7/1/2013.
Acts 2007 , ch. 576, § 1; 2008 , ch. 929, § 1.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 56 - FISCAL AFFAIRS (§§ 6-56-101 — 6-56-408) › Part 4 - MUNICIPAL FINANCE OFFICER CERTIFICATION AND EDUCATION ACT OF 2007 (§§ 6-56-401 — 6-56-408) › Section 6-56-407 - Violations

(a)
Any municipality determined by the comptroller of the treasury to be in violation of the requirements of §
6-56-402
is subject to the following penalty:
(1)
Sales tax revenue collected and distributed by the state to the municipality shall be reduced by an amount mutually agreed upon by the comptroller of the treasury and the commissioner of revenue. The sales tax revenue reduction shall not exceed fifteen percent (15%) of the total amount due to the municipality in a fiscal year, until the municipality is in compliance with §
6-56-402
;
(2)
The amounts reduced as a penalty pursuant to this section shall be held in reserve by the department of revenue and allocated to the municipality after the municipality complies with §
6-56-402
as determined by the comptroller of the treasury.
(b)
The penalty assessed by this section may be waived by the comptroller of the treasury in accordance with policies and procedures established by the comptroller.
Amended by 2015 Tenn. Acts, ch. 208,s 1, eff. 4/20/2015.
Amended by 2013 Tenn. Acts, ch. 153,s 8, eff. 7/1/2013.
Acts 2007, ch. 576, § 1.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 56 - FISCAL AFFAIRS (§§ 6-56-101 — 6-56-408) › Part 4 - MUNICIPAL FINANCE OFFICER CERTIFICATION AND EDUCATION ACT OF 2007 (§§ 6-56-401 — 6-56-408) › Section 6-56-408 - Rules

The comptroller of the treasury may issue any rules necessary to implement this part.
Acts 2007, ch. 576, § 1.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 58 - COMPREHENSIVE GROWTH PLAN (§§ 6-58-101 — 6-58-118) › Section 6-58-101 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Calendar quarter" means any one (1) of the following time periods during a given year: January 1 through March 31, April 1 through June 30, July 1 through September 30, or October 1 through December 31;
(2)
"Committee" means the local government planning advisory committee established by §
4-3-727
;
(3)
"Council" means the joint economic and community development council established by §
6-58-114
;
(4)
"Growth plan" means the plan each county must file with the committee by July 1, 2001, as required by §
6-58-107
;
(5)
"National flood insurance program (NFIP)" means the insurance program administered by the federal emergency management agency, as authorized by the National Flood Insurance Reform Act (
42 U.S.C. § 4001
et seq);
(6)
"Planned growth area" means an area established in conformance with §
6-58-106(b)
and approved in accordance with the requirements of §
6-58-104
;
(7)
"Rural area" means an area established in conformance with §
6-58-106(c)
and approved in accordance with the requirements of §
6-58-104
;
(8)
"Special flood hazard area" means the land area covered by the floodwaters of the base flood on NFIP maps; and
(9)
"Urban growth boundary" means a line encompassing territory established in conformance with §
6-58-106(a)
and approved in accordance with the requirements of §
6-58-104
.
Acts 1998, ch. 1101, § 1; 2005, ch. 245, § 1; 2010, ch. 1091, § 2.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 58 - COMPREHENSIVE GROWTH PLAN (§§ 6-58-101 — 6-58-118) › Section 6-58-102 - Purpose of chapter

With this chapter, the general assembly intends to establish a comprehensive growth policy for this state that:
(1)
Eliminates annexation or incorporation out of fear;
(2)
Establishes incentives to annex or incorporate where appropriate;
(3)
More closely matches the timing of development and the provision of public services;
(4)
Stabilizes each county's education funding base and establishes an incentive for each county legislative body to be more interested in education matters; and
(5)
Minimizes urban sprawl.
Acts 1998, ch. 1101, § 3.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 58 - COMPREHENSIVE GROWTH PLAN (§§ 6-58-101 — 6-58-118) › Section 6-58-103 - Applicability of chapter to counties with metropolitan governments

This chapter does not apply to any county having a metropolitan form of government; provided, that each such county shall receive full benefit of all incentives available pursuant to §
6-58-109
, and each such county shall escape the sanctions imposed by §
6-58-110
; and provided further, that any municipality that lies within a county having a metropolitan form of government and another county must establish an urban growth boundary in conjunction with the county containing the territory that is not within the county having a metropolitan form of government.
Acts 1998, ch. 1101, § 4; 2008, ch. 818, § 1.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 58 - COMPREHENSIVE GROWTH PLAN (§§ 6-58-101 — 6-58-118) › Section 6-58-105 - Judicial review of growth plan

(a)
The affected county, an affected municipality, a resident of such county or an owner of real property located within such county is entitled to judicial review under this section, which shall be the exclusive method for judicial review of the growth plan and its urban growth boundaries, planned growth areas and rural areas. Proceedings for review shall be instituted by filing a petition for review in the chancery court of the affected county. Such petition shall be filed during the sixty-day period after final approval of such urban growth boundaries, planned growth areas and rural areas by the local government planning advisory committee. In accordance with the provisions of the Tennessee rules of civil procedure pertaining to service of process, copies of the petition shall be served upon the local government planning advisory committee, the county and each municipality located or proposing to be located within the county.
(b)
Judicial review shall be de novo and shall be conducted by the chancery court without a jury. The petitioner shall have the burden of proving, by a preponderance of the evidence, that the urban growth boundaries, planned growth areas and/or rural areas are invalid because the adoption or approval thereof was granted in an arbitrary, capricious, illegal or other manner characterized by abuse of official discretion. The filing of the petition for review does not itself stay effectiveness of the urban growth boundaries, planned growth areas and rural areas; provided, that the court may order a stay upon appropriate terms if it is shown to the satisfaction of the court that any party or the public at large is likely to suffer significant injury if such stay is not granted. If more than one (1) suit is filed within the county, then all such suits shall be consolidated and tried as a single civil action.
(c)
IF the court finds by a preponderance of the evidence that the urban growth boundaries, planned growth areas and/or rural areas are invalid because the adoption or approval thereof was granted in an arbitrary, capricious, illegal or other manner characterized by abuse of official discretion;
THEN an order shall be issued vacating the same, in whole or in part, and remanding the same to the county and the municipalities in order to identify and obtain adoption or approval of urban growth boundaries, planned growth areas and/or rural areas in conformance with the procedures set forth within §
6-58-104
.
(d)
Any party to the suit, aggrieved by the ruling of the chancery court, may obtain a review of the final judgment of the chancery court by appeal to the court of appeals.
Acts 1998, ch. 1101, § 6.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 58 - COMPREHENSIVE GROWTH PLAN (§§ 6-58-101 — 6-58-118) › Section 6-58-107 - Approved plan required - Land use decisions to be consistent with plan

(a)
Not later than July 1, 2001, a growth plan for each county shall be submitted to and approved by the local government planning advisory committee in accordance with §
6-58-104
. After a growth plan is so approved, all land use decisions made by the legislative body and the municipality's or county's planning commission shall be consistent with the growth plan.
(b)
The growth plan shall include, at a minimum, documents describing and depicting municipal corporate limits, as well as urban growth boundaries, planned growth areas, if any, and rural areas, if any, approved in conformance with §
6-58-104
.
(c)
The purpose of a growth plan is to direct the coordinated, efficient, and orderly development of the local government and its environs that will, based on an analysis of present and future needs, best promote the public health, safety, morals and general welfare.
(d)
A growth plan may address land-use, transportation, public infrastructure, housing, and economic development.
(e)
The goals and objectives of a growth plan include the need to:
(1)
Provide a unified physical design for the development of the local community;
(2)
Encourage a pattern of compact and contiguous high density development to be guided into urban areas or planned growth areas;
(3)
Establish an acceptable and consistent level of public services and community facilities and ensure timely provision of those services and facilities;
(4)
Promote the adequate provision of employment opportunities and the economic health of the region;
(5)
Conserve features of significant statewide or regional architectural, cultural, historical, or archaeological interest;
(6)
Protect life and property from the effects of natural hazards, such as flooding, winds, and wildfires;
(7)
Take into consideration such other matters that may be logically related to or form an integral part of a plan for the coordinated, efficient and orderly development of the local community; and
(8)
Provide for a variety of housing choices and assure affordable housing for future population growth.
Acts 1998, ch. 1101, § 8.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 58 - COMPREHENSIVE GROWTH PLAN (§§ 6-58-101 — 6-58-118) › Section 6-58-108 - [Repealed]

Repealed by 2015 Tenn. Acts, ch. 512, s 10, eff. 5/20/2015.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 58 - COMPREHENSIVE GROWTH PLAN (§§ 6-58-101 — 6-58-118) › Section 6-58-109 - Increased allocation of certain funds for counties and municipalities with approved growth plans

(a)
Upon approval of the growth plan by the local government planning advisory committee but beginning no earlier than July 1, 2000, each municipality within the county and the county shall receive an additional five (5) points on a scale of one hundred (100) points or a comparable percentage increase as determined by the commissioner of economic and community development in any evaluation formula for the allocation of private activity bond authority and for the distribution of grants from the department of economic and community development for the:
(1)
Tennessee industrial infrastructure program;
(2)
Industrial training service program; and
(3)
Community development block grants.
(b)
Upon approval of the growth plan by the local government planning advisory committee but beginning no earlier than July 1, 2000, each municipality within the county and the county shall receive an additional five (5) points on a scale of one hundred (100) points or a comparable percentage increase as determined by the commissioner if permissible under federal requirements in any evaluation formula for the distribution of grants from the department of environment and conservation for state revolving fund loans for water and sewer systems; provided, that no such preferences shall be granted if prohibited by federal law or regulation.
(c)
Upon approval of the growth plan by the local government planning advisory committee but beginning no earlier than July 1, 2000, each municipality within the county and the county shall receive an additional five (5) points on a scale of one hundred (100) points or a comparable percentage increase as determined by the executive director in any evaluation formula for the distribution of HOUSE or HOME grants from the Tennessee housing development authority or low income tax credits or private activity bond authority; provided, that no such preferences shall be granted if prohibited by federal law or regulation.
Acts 1998, ch. 1101, § 10.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 58 - COMPREHENSIVE GROWTH PLAN (§§ 6-58-101 — 6-58-118) › Section 6-58-110 - Certain grants unavailable to counties and municipalities without approved growth plan as of July 1, 2001

Effective July 1, 2001, the following loan and grant programs shall be unavailable in those counties and municipalities that do not have growth plans approved by the local government planning advisory committee, and shall remain unavailable until growth plans have been approved:
(1)
Tennessee housing development agency grant programs;
(2)
Community development block grants;
(3)
Tennessee industrial infrastructure program grants;
(4)
Industrial training service grants;
(5)
Intermodal Surface Transportation Efficiency Act funds or any subsequent federal authorization for transportation funds; and
(6)
Tourism development grants.
Acts 1998, ch. 1101, § 11.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 58 - COMPREHENSIVE GROWTH PLAN (§§ 6-58-101 — 6-58-118) › Section 6-58-111 - Annexation procedure - Quo warranto action to challenge annexation

(a)
A municipality possesses exclusive authority to annex territory located within its approved urban growth boundaries; therefore, no municipality may annex by ordinance or by referendum any territory located within another municipality's approved urban growth boundaries. Within a municipality's approved urban growth boundaries, a municipality may use any of the methods in chapter 51 of this title to annex territory; provided, that if a quo warranto action is filed to challenge the annexation, the party filing the action has the burden of proving that:
(1)
An annexation ordinance is unreasonable for the overall well-being of the communities involved; or
(2)
The health, safety, and welfare of the citizens and property owners of the municipality and territory will not be materially retarded in the absence of such annexation.
(b)
In any such action, the action shall be tried by the circuit court judge or chancellor without a jury.
(c)
(1)
Prior to a municipality annexing by ordinance territory outside its existing urban growth boundary whether the territory desired for annexation is within another municipality's urban growth boundary or a county's planned growth area or rural area, it must first amend the growth plan by having its desired change to the urban growth boundary submitted to the coordinating committee and then receive a recommendation for or against the amendment from the coordinating committee, the coordinating committee then must submit the proposed amendment with its recommendation to all the legislative bodies for approval. If the amendment to the growth plan is approved by the legislative bodies or by the dispute resolution panel, it is then submitted to the local government planning advisory committee for its approval. This amendment process must follow the procedure as outlined in §
6-58-104
and the criteria for establishing an urban growth boundary as delineated in §
6-58-106
.
(2)
As an alternative to a municipality annexing in a county's planned growth area or rural area by first amending the growth plan as described in subdivision (c)(1), a municipality may annex within a county's planned growth area or rural area, but the annexation must be by referendum only and not by ordinance. The municipality must follow the referendum process as provided for in §§
6-51-104
and
6-51-105
.
Acts 1998, ch. 1101, § 12; 2005, ch. 246, §§ 1, 2; 2010, ch. 917, §§ 1-3.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 58 - COMPREHENSIVE GROWTH PLAN (§§ 6-58-101 — 6-58-118) › Section 6-58-112 - New municipalities - Property tax - Incorporation election

(a)
(1)
After January 1, 1999, a new municipality may only be created in territory approved as a planned growth area in conformity with §
6-58-104
;
(2)
A county may provide or contract for the provision of services within a planned growth area and set a separate tax rate specifically for the services provided within a planned growth area; and
(3)
A county may establish separate zoning regulations within a planned growth area, for territory within an urban growth boundary or within a rural area.
(b)
A municipality, incorporated after May 19, 1998, shall impose a property tax that raises an amount of revenue not less than the amount of the annual revenues derived by the municipality from state-shared taxes as estimated by the department of revenue on or before July 1. The municipality shall levy and provide for the administration and collection of a property tax in the required amount before the municipality may receive state-shared taxes. Furthermore, §
6-51-115(b)
shall apply within the territory of such newly incorporated municipality as if such territory had been annexed rather than incorporated. For purposes of levying a property tax, the incorporation of a municipality shall be effective on January 1 following the election at which the incorporation is approved.
(c)
(1)
If the residents of a planned growth area petition to have an election of incorporation, the county legislative body shall approve the corporate limits and the urban growth boundary of the proposed municipality before the election to incorporate may be held.
(2)
Within six (6) months of the incorporation election, the municipality shall adopt by ordinance a plan of services for the services the municipality proposes to deliver. The municipality shall prepare and publish its plan of services in a newspaper of general circulation distributed in the municipality. The rights and remedies of §
6-51-108
apply to the plan of services adopted by the municipality.
Amended by 2013 Tenn. Acts, ch. 256,s 1, eff. 4/24/2013.
Acts 1998, ch. 1101, § 13; 1999, ch. 169, §§ 1, 2; 2012, ch. 970, § 1.