reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 12 - COUNTY BUDGETING LAWS (§§ 5-12-101 — 5-12-217) › Part 1 - COUNTY BUDGETING LAW OF 1957 (§§ 5-12-101 — 5-12-114) › Section 5-12-112 - Violations - Penalties

Any official or employee of the county, or of any institution or agency thereof, who fails or refuses to perform the duties required of that official or employee by this part, or who fails or refuses otherwise to conform to this part, commits a Class C misdemeanor and is subject to removal from that official's or employee's position.
Acts 1957, ch. 291, § 12; T.C.A., § 5-1212; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 12 - COUNTY BUDGETING LAWS (§§ 5-12-101 — 5-12-217) › Part 1 - COUNTY BUDGETING LAW OF 1957 (§§ 5-12-101 — 5-12-114) › Section 5-12-113 - Application to schools, etc

This part shall not apply to county school funds for any purpose, the county board of education, and the county director of schools unless approved by the commissioner of education.
Acts 1957, ch. 291, § 12a; T.C.A., § 5-1213.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 12 - COUNTY BUDGETING LAWS (§§ 5-12-101 — 5-12-217) › Part 1 - COUNTY BUDGETING LAW OF 1957 (§§ 5-12-101 — 5-12-114) › Section 5-12-114 - Construction of part

(a)
It is not the intent of this part to repeal or supersede any private or local law concerning budgeting systems.
(b)
This part is not exclusive and shall not prevent the adoption of amendments to existing special or local laws pertaining to county budgeting systems, or the enactment of special or local budgeting systems.
Acts 1957, ch. 291, § 13; T.C.A., § 5-1214.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 12 - COUNTY BUDGETING LAWS (§§ 5-12-101 — 5-12-217) › Part 2 - LOCAL OPTION BUDGETING LAW OF 1993 (§§ 5-12-201 — 5-12-217) › Section 5-12-201 - Short title - Applicability

This part shall be known and may be cited as the "Local Option Budgeting Law of 1993" and applies only to any county having adopted its provisions by approval by a two-thirds (2/3) vote of the county legislative body.
Acts 1993, ch. 431, § 1.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 12 - COUNTY BUDGETING LAWS (§§ 5-12-101 — 5-12-217) › Part 2 - LOCAL OPTION BUDGETING LAW OF 1993 (§§ 5-12-201 — 5-12-217) › Section 5-12-202 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Budget committee" refers only to a budget committee created by law, such as being created according to the County Financial Management System of 1981, compiled in chapter 21 of this title, the County Budgeting Law of 1957, compiled in part 1 of this chapter, or similar provision, or created by private act;
(2)
"Chief administrative officer of the county highway department" means the officer or entity having the general control and authority over the county highway department in accordance with §
54-7-109
;
(3)
"County mayor or budget committee," in counties not having a budget committee as referred to in subdivision (1), means the county mayor; and
(4)
"Long-term debt" means debt payable after June 30 of the fiscal year, for which the budget is applicable.
Acts 1993, ch. 431, § 2; 2003 , ch. 90, § 2.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 12 - COUNTY BUDGETING LAWS (§§ 5-12-101 — 5-12-217) › Part 2 - LOCAL OPTION BUDGETING LAW OF 1993 (§§ 5-12-201 — 5-12-217) › Section 5-12-203 - Applicability

This part applies to each department, office or agency funded, in whole or in part, from county appropriations. Nevertheless, with regard to entities receiving county funds pursuant to §
5-9-109
, only the requested county appropriation and expenditures of county funds shall be included within this part.
Acts 1993, ch. 431, § 3.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 12 - COUNTY BUDGETING LAWS (§§ 5-12-101 — 5-12-217) › Part 2 - LOCAL OPTION BUDGETING LAW OF 1993 (§§ 5-12-201 — 5-12-217) › Section 5-12-204 - Duties of comptroller of the treasury or the comptroller's designee not precluded

Nothing in this part shall be construed as precluding the duties of the comptroller of the treasury or the comptroller's designee pursuant to §§
9-11-116
and
9-21-403
.
Acts 1993, ch. 431, § 4; 2010 , ch. 868, § 12.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 12 - COUNTY BUDGETING LAWS (§§ 5-12-101 — 5-12-217) › Part 2 - LOCAL OPTION BUDGETING LAW OF 1993 (§§ 5-12-201 — 5-12-217) › Section 5-12-205 - Conflicts with other laws

If a county included in this part has adopted the County Financial Management System of 1981, compiled in chapter 21 of this title, the County Budgeting Law of 1957, compiled in part 1 of this chapter, or private acts, and such county does not revoke or repeal such act, in the event of a conflict between this part and such acts, this part shall not supersede those acts, except that §
5-12-210
shall supersede any other law.
Acts 1993, ch. 431, § 5.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 12 - COUNTY BUDGETING LAWS (§§ 5-12-101 — 5-12-217) › Part 2 - LOCAL OPTION BUDGETING LAW OF 1993 (§§ 5-12-201 — 5-12-217) › Section 5-12-206 - Forms on which to submit a proposed budget

The county mayor of each county shall furnish to the head of each department, office or agency covered by this part, on or before February 1 of each year, budget forms on which to submit a proposed budget. Such forms shall contain the minimum requirements prescribed by the comptroller of the treasury, and shall include space for additional information desired by the county mayor and such additional information desired by the budget committee in counties having a budget committee.
Acts 1993, ch. 431, § 6; 2003 , ch. 90, § 2.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 12 - COUNTY BUDGETING LAWS (§§ 5-12-101 — 5-12-217) › Part 2 - LOCAL OPTION BUDGETING LAW OF 1993 (§§ 5-12-201 — 5-12-217) › Section 5-12-207 - County mayor to furnish an estimate of revenue

The county mayor shall furnish to the director of schools and to the chief administrative officer of the county highway department an estimate of the amount of revenue to be generated by one cent (1¢) of the county property tax for each taxing jurisdiction for the ensuing fiscal year and a form tax rate resolution on or before March 15 of each year. The assessor of property shall furnish such assessor's best estimate of the actual assessed value of all taxable property within the county for the ensuing year to the county mayor before March 15 of each year.
Acts 1993, ch. 431, § 7; 2003 , ch. 90, § 2.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 12 - COUNTY BUDGETING LAWS (§§ 5-12-101 — 5-12-217) › Part 2 - LOCAL OPTION BUDGETING LAW OF 1993 (§§ 5-12-201 — 5-12-217) › Section 5-12-208 - Each department head to provide proposed budget document

(a)
The head of each department, office or agency covered by this part shall provide the county mayor or, if a director of accounts and budgets, director of finance, or similar person is provided by law, then to such official, with a proposed budget document on the budget forms on or before March 1 of each year.
(b)
The director of schools and the chief administrative officer of the county highway department shall file, with the proposed budget, a proposed tax rate on the tax rate resolution form necessary to fund the requested budget of the department. The proposed budget submitted by these officials shall include estimated total revenues and other resources sufficient to fund the total proposed appropriations. Appropriations shall be included in an amount sufficient to fund the annual county debt service requirements.
(c)
The county mayor or budget committee shall allow any department, office, or agency to alter or amend the submitted budget at any time prior to when the proposed budget is submitted to the county legislative body. The county mayor or budget committee may allow submission of amendments after the budget is submitted to the county legislative body, but not later than the adoption of the budget.
Amended by 2016 Tenn. Acts, ch. 1080, s 11, eff. 1/1/2017.
Amended by 2016 Tenn. Acts, ch. 1080, s 10, eff. 1/1/2017.
Acts 1993, ch. 431, § 8; 2003 , ch. 90, § 2.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 12 - COUNTY BUDGETING LAWS (§§ 5-12-101 — 5-12-217) › Part 2 - LOCAL OPTION BUDGETING LAW OF 1993 (§§ 5-12-201 — 5-12-217) › Section 5-12-209 - Review of proposed budgets - Presentation to county legislative body

(a)
On or before June 1 of each year, the county mayor or budget committee shall consolidate and review the various department, office and agency budgets, and other proposed appropriations, if any. Any change in the budget proposed by the county mayor or budget committee shall be reviewed by the county mayor or budget committee with the affected officer or department or agency head, and an attempt will be made to arrive at a mutually acceptable budget amount. If the county mayor or budget committee reaches agreement with the affected officers, department and agency heads, then this change shall be reflected in the consolidated budget and accompanying property tax rate resolution and appropriation resolution, which shall be presented to the county legislative body. If the county mayor or budget committee cannot reach agreement with any affected officer or department or agency head concerning the budget of the office, department or agency, then the consolidated budget shall be presented to the county legislative body with the original proposed budget for the office, department or agency affected, and the county mayor or budget committee shall submit the proposed budget changes in a separate accompanying document, or as an additional column of information in the consolidated budget, and shall also submit this with a property tax rate resolution and appropriation resolution. The county mayor or budget committee shall outline the proposed changes to the consolidated budget and shall state the reasons for the proposed changes in a budget message to the county legislative body.
(b)
The county mayor or budget committee may propose changes to the consolidated budget, the property tax rate resolution and appropriation resolution until the same are approved by the county legislative body, or until July 15, whichever occurs first.
Acts 1993, ch. 431, § 9; 2003 , ch. 90, § 2.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 12 - COUNTY BUDGETING LAWS (§§ 5-12-101 — 5-12-217) › Part 2 - LOCAL OPTION BUDGETING LAW OF 1993 (§§ 5-12-201 — 5-12-217) › Section 5-12-211 - Right to petition for additional deputies and assistants not precluded

The budget shall have attached to it any court order or letter of agreement setting forth the number of authorized deputies and assistants pursuant to title 8, chapter 20, for the trustee, clerks of courts, register of deeds, county clerk and sheriff. Nothing in this part precludes the trustee, clerks of courts, register of deeds or county clerk from the right to petition the appropriate court for necessary deputies and assistants pursuant to title 8, chapter 20, nor is the right of the sheriff, as provided in §
8-20-120
, precluded by this part.
Acts 1993, ch. 431, § 11.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 12 - COUNTY BUDGETING LAWS (§§ 5-12-101 — 5-12-217) › Part 2 - LOCAL OPTION BUDGETING LAW OF 1993 (§§ 5-12-201 — 5-12-217) › Section 5-12-212 - Requests for budget amendment - Approval

When the budget has been adopted, whether by action of the county legislative body or by operation of law, any budget amendment requested by any department to appropriate local, state or federal revenues, received in excess of the estimates used to adopt the budget, may be approved by a majority vote of the county legislative body. Notwithstanding, any department requesting such approval shall give written notice to the county mayor at least seven (7) calendar days prior to consideration of the request by the county legislative body. Other amendments shall be approved as provided in §
5-12-213
.
Acts 1993, ch. 431, § 12; 1994, ch. 656, § 1; 2003 , ch. 90, § 2.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 12 - COUNTY BUDGETING LAWS (§§ 5-12-101 — 5-12-217) › Part 2 - LOCAL OPTION BUDGETING LAW OF 1993 (§§ 5-12-201 — 5-12-217) › Section 5-12-214 - Approval of appropriation for capital expenditures to be financed by long-term debt

Any appropriation for capital expenditures to be financed by long-term debt shall not be expended or obligated until the issuance of the long-term debt has been approved by the county legislative body and the comptroller of the treasury or the comptroller's designee as required by law.
Acts 1993, ch. 431, § 14; 2010 , ch. 868, § 13.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 12 - COUNTY BUDGETING LAWS (§§ 5-12-101 — 5-12-217) › Part 2 - LOCAL OPTION BUDGETING LAW OF 1993 (§§ 5-12-201 — 5-12-217) › Section 5-12-215 - Impoundment power to prevent deficit operation - Override - Applicability

(a)
If at any time the county mayor determines that the revenues or other resources are, with respect to any fund, less than was anticipated in the adopted budget, or if unanticipated expenditures arise that will likely create a budget deficit, the county mayor, upon certification to each member of the county legislative body, may impound such appropriation as may be necessary to prevent deficit operation. Such impoundment power may be overridden by a two-thirds (2/3) vote of the county legislative body, if the county legislative body makes such amendments at the same meeting to the budget as may be necessary to prevent deficit operation. Such necessary amendment requires a majority vote of the county legislative body. Notwithstanding this section, there shall be no impoundment of funds previously appropriated to the trustee, clerks of courts, register of deeds, county clerk, assessor of property or sheriff.
(b)
This section is inapplicable to counties having impoundment provisions under other provisions of law.
Acts 1993, ch. 431, § 15; 2003 , ch. 90, § 2.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 12 - COUNTY BUDGETING LAWS (§§ 5-12-101 — 5-12-217) › Part 2 - LOCAL OPTION BUDGETING LAW OF 1993 (§§ 5-12-201 — 5-12-217) › Section 5-12-216 - Modification of dates

If good cause is shown, such as, but not limited to, a reappraisal of property within the county, the comptroller of the treasury may, notwithstanding any law to the contrary, modify any dates required under this part in a particular county.
Acts 1993, ch. 431, § 16.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 12 - COUNTY BUDGETING LAWS (§§ 5-12-101 — 5-12-217) › Part 2 - LOCAL OPTION BUDGETING LAW OF 1993 (§§ 5-12-201 — 5-12-217) › Section 5-12-217 - Creation of a revenue fluctuation major category

The county legislative body may, in its discretion and with the approval of the county mayor, county board of education, or chief administrative officer of the county highway department whose budget is affected, create a reservation of fund balance for such revenue fluctuations for any fund or funds. Such reservation of revenue fluctuations shall be available to fund shortfalls in revenue or to meet unforeseen increases in operating expenses, or both.
Acts 1993, ch. 431, § 17; 1994, ch. 656, § 4; 2003 , ch. 90, § 2.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 13 - COUNTY FISCAL PROCEDURE LAW OF 1957 (§§ 5-13-101 — 5-13-111) › Section 5-13-101 - Short title

This chapter shall be known as the "County Fiscal Procedure Law of 1957."
Acts 1957, ch. 313, § 1; T.C.A., § 5-1301.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 13 - COUNTY FISCAL PROCEDURE LAW OF 1957 (§§ 5-13-101 — 5-13-111) › Section 5-13-102 - Local approval

(a)
This chapter shall be local in effect and shall become effective in a particular county upon the contingency of a two-thirds (2/3) vote of the county legislative body or other governing body of the county approving this law, or upon the contingency of the majority of the voters casting votes in any election held for this purpose approving this law.
(b)
(1)
The procedure for elections held for the purpose of approving this law shall be that the county election commission shall call and conduct an election within thirty (30) days after receiving a petition signed by ten percent (10%) of the qualified voters of the county stating that they favor this law and requesting that an election be held in the county on the subject.
(2)
The number of qualified voters in the county is deemed to be the total number of votes cast for all candidates for governor in the last general election, or upon a resolution of the county legislative body or other governing body, duly certified to the election commission, requesting such an election.
(3)
In such an election, the propositions to be voted upon shall be stated on the ballot on separate lines in the following manner: "For the County Fiscal Procedure Law of 1957" and "Against the County Fiscal Procedure Law of 1957."
Acts 1957, ch. 313, § 2; impl. am. Acts 1972, ch. 740, §7; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 5-1302.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 13 - COUNTY FISCAL PROCEDURE LAW OF 1957 (§§ 5-13-101 — 5-13-111) › Section 5-13-103 - Director of accounts and budgets - Appointment - Compensation - Staff

(a)
The county mayor of any county that has adopted this part shall appoint, with the approval of the county legislative body or other governing body, a director of accounts and budgets who shall be a county employee.
(b)
The director of accounts and budgets shall be qualified by training and experience in the field of accounting to perform the director's duties in a proficient manner and in accordance with generally recognized principles of governmental accounting.
(c)
(1)
Before assuming the director's duties the director shall execute a corporate surety bond, the amount of which shall be established by the county mayor at not less than one hundred thousand dollars ($100,000).
(2)
The bond must be prepared, executed, filed, and recorded in accordance with title 8, chapter 19.
(3)
The premium for such bond shall be paid from the county general fund.
(d)
(1)
The compensation of the director, which shall not be in excess of compensation allowed county officials in accordance with §§
8-24-101
and
8-24-102
, shall be set annually by the county legislative body or other governing body of the county.
(2)
The amount of such compensation, the compensation of such stenographers, typists or assistants as the director may need, and the other necessary expenses of the director's office shall be provided for by annual appropriation from the county general fund.
(e)
The director has the power, in accordance with such regulations as may be established from time to time by the county mayor, to appoint and remove the director's assistants, to prescribe their duties, and to fix their salaries within the limits of the annual appropriation.
(f)
(1)
In any county having a population of not less than thirty-eight thousand six hundred (38,600) nor more than thirty-eight thousand seven hundred (38,700), according to the 1970 federal census or any subsequent federal census, the director shall not be terminated or discharged without the approval of the county legislative body.
(2)
This subsection (f) shall not apply in any county that has a metropolitan form of government.
Amended by 2023 Tenn. Acts, ch. 207,s 2, eff. 7/1/2023.
Amended by 2013 Tenn. Acts, ch. 315, Secs.s 11, s 12eff. 4/29/2013.
Acts 1957, ch. 313, § 3; impl. am. Acts 1978, ch. 934, §§7, 16, 36; Acts 1979, ch. 101, § 1; T.C.A., § 5-1303; Acts 1998, ch. 677, §3; 2003 , ch. 90, § 2.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 13 - COUNTY FISCAL PROCEDURE LAW OF 1957 (§§ 5-13-101 — 5-13-111) › Section 5-13-104 - Fiscal procedure system

(a)
There shall be set up and maintained in the office of the director of accounts and budgets a system of fiscal procedure, control and centralized accounting, set out and described in this section, which shall be under the administrative control and direction of the director; but such system shall be conducted in full accordance with the general law of this state respecting the duties and responsibilities of the county mayor as fiscal agent of the county.
(b)
The system of fiscal procedure, control and accounting provided for in this section shall conform to generally accepted principles of governmental accounting and shall be in substantial agreement with the recommendations of the national committee on governmental accounting.
(c)
The system shall include such records and procedures as may be required to accurately reflect the assets, liabilities, income and expenditures of each fund of the county, together with such records, accounts and files as are necessary to record and control:
(1)
The transactions relating to county revenues, and the revenues for each of its several funds;
(2)
The transactions relating to the adopted budget and appropriations, including the expenditures and encumbrances against each item of appropriations;
(3)
The transactions relating to the bonded debt; and
(4)
Such other records as may be necessary to facilitate the operation of the adopted budget and the proper accounting for each item of county expenditure.
Acts 1957, ch. 313, § 4; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A., §5-1304; Acts 2003 , ch. 90, § 2.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 13 - COUNTY FISCAL PROCEDURE LAW OF 1957 (§§ 5-13-101 — 5-13-111) › Section 5-13-106 - Receipt of funds

Excepting taxes such as the county trustee is authorized to collect, the payment of all moneys to the county trustee by any collectors authorized by statute, or by anyone on account due the county, shall be made only by issuance of a receivable warrant signed by the county mayor instructing the trustee to receive the amount named, for which the trustee shall issue a receipt, a duplicate of which shall be delivered to the director of accounts and budgets to be used by the director in posting the accounting records.
Acts 1957, ch. 313, § 6; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A., §5-1306; Acts 2003 , ch. 90, § 2.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 13 - COUNTY FISCAL PROCEDURE LAW OF 1957 (§§ 5-13-101 — 5-13-111) › Section 5-13-107 - Disbursement of funds

(a)
Before any obligation against the county shall be paid or any disbursement warrant or voucher issued therefor, a detailed invoice or statement approved by the head of the office, department or agency for which the obligation was made shall be filed with the director of accounts and budgets.
(b)
The director shall make a careful preaudit of such invoice or statement, including a comparison with any encumbrance document previously posted or filed authorizing such obligation, and shall approve for payment only such items as appear to be correct, properly authorized, and not exceeding the otherwise unencumbered balance of the allotments or appropriations against which they are chargeable.
(c)
Disbursement warrants shall be promptly prepared for all such approved items by the director and mailed or delivered to the payees thereof.
(d)
A duplicate copy of all disbursement warrants, with all original invoices or other supporting documents, or both, attached to the duplicate copies, shall be kept on file in the office of the director.
Acts 1957, ch. 313, § 7; T.C.A., § 5-1307.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 13 - COUNTY FISCAL PROCEDURE LAW OF 1957 (§§ 5-13-101 — 5-13-111) › Section 5-13-108 - Agency reports and information

(a)
Each official, office, department, institution, agency, board, committee, commission or employee of the county shall furnish such information and make such reports as may be required to properly maintain the central accounting system and fiscal procedures herein authorized and prescribed, and such information and reports shall be furnished at such times and in such form as may be prescribed by the director of accounts and budgets.
(b)
The records of all county offices, departments and agencies shall be made available by their respective officials or employees for examination at all reasonable hours by the director.
Acts 1957, ch. 313, § 8; T.C.A., § 5-1308.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 13 - COUNTY FISCAL PROCEDURE LAW OF 1957 (§§ 5-13-101 — 5-13-111) › Section 5-13-109 - Violations - Penalties

Any official named in this chapter, or any other official, agent or employee of the county who fails or refuses to perform the duties required of that official, agent or employee under this chapter, or who otherwise fails or refuses to conform to this chapter, commits a Class C misdemeanor and is subject to removal from office.
Acts 1957, ch. 313, § 9; T.C.A., § 5-1309; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 13 - COUNTY FISCAL PROCEDURE LAW OF 1957 (§§ 5-13-101 — 5-13-111) › Section 5-13-110 - Application to schools, etc

This chapter shall not apply to county school funds for any purpose, the county board of education, and the county director of schools unless approved by the commissioner of education.
Acts 1957, ch. 313, § 9A; T.C.A., § 5-1310.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 13 - COUNTY FISCAL PROCEDURE LAW OF 1957 (§§ 5-13-101 — 5-13-111) › Section 5-13-111 - Construction of chapter

This chapter is not exclusive and shall not prevent the adoption of amendments to existing special or local laws pertaining to fiscal procedure, control and accounting, or the enactment of special or local acts creating central accounting systems, fiscal procedures, and offices of director of accounts and budgets.
Acts 1957, ch. 313, § 10; T.C.A., § 5-1311.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 14 - COUNTY PURCHASING (§§ 5-14-101 — 5-14-207) › Part 1 - COUNTY PURCHASING LAW OF 1957 (§§ 5-14-101 — 5-14-116) › Section 5-14-101 - Short title

This part shall be known and may be cited as the "County Purchasing Law of 1957."
Acts 1957, ch. 312, § 1; T.C.A., § 5-1401.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 14 - COUNTY PURCHASING (§§ 5-14-101 — 5-14-207) › Part 1 - COUNTY PURCHASING LAW OF 1957 (§§ 5-14-101 — 5-14-116) › Section 5-14-102 - Local approval

(a)
This part shall be local in effect and shall become effective in a particular county upon the contingency of a two-thirds (2/3) vote of the county legislative body or other governing body of the county approving this law, or upon the contingency of the majority of the voters casting votes in any election held for this purpose approving this law.
(b)
(1)
The procedure for elections held for the purpose of approving this law shall be that the county election commission shall call and conduct an election within thirty (30) days after receiving a petition signed by ten percent (10%) of the qualified voters of the county, stating that they favor this law and requesting that an election be held in the county on the subject.
(2)
The number of qualified voters in the county is deemed to be the total number of votes cast for all candidates for governor in the last general election, or upon a resolution of the county legislative body, or other governing body, duly certified to the election commission, requesting such an election.
(3)
In such an election, the propositions to be voted upon shall be stated on the ballot on separate lines in the following manner: "For the County Purchasing Law of 1957" and "Against the County Purchasing Law of 1957."
Acts 1957, ch. 312, § 2; impl. am. Acts 1972, ch. 740, § 7; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 5-1402.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 14 - COUNTY PURCHASING (§§ 5-14-101 — 5-14-207) › Part 1 - COUNTY PURCHASING LAW OF 1957 (§§ 5-14-101 — 5-14-116) › Section 5-14-103 - Purchasing agent - Appointment - Compensation - Staff

(a)
The county mayor of any county that has adopted this part shall appoint, with the approval of the county legislative body or other governing body, a purchasing agent who shall be a county employee.
(b)
A purchasing agent shall be qualified by training and experience to perform the purchasing agent's duties in a proficient manner and in accordance with generally recognized principles of governmental purchasing and in accordance with this part.
(c)
(1)
Before assuming the purchasing agent's duties, a purchasing agent shall execute a corporate surety bond, the amount of which shall be established by the county mayor at not less than one hundred thousand dollars ($100,000).
(2)
The bond must be prepared, executed, filed, and recorded in accordance with title 8, chapter 19.
(3)
The premium for such bond shall be paid from the county general fund.
(d)
The compensation of the purchasing agent, which shall not be in excess of compensation allowed county officials in accordance with §§
8-24-101
and
8-24-102
, shall be set annually by the county legislative body or other governing body; and the amount of such compensation, the compensation of such clerks and assistants as may be needed, and the other necessary expenses of this office shall be provided for by annual appropriation made by the county legislative body or other governing body from the county general fund.
(e)
The purchasing agent has the power, in accordance with such regulations as may be established by the county mayor, to appoint and remove the purchasing agent's assistants, to prescribe their duties, and to fix their salaries within the limits of the annual appropriation made therefor.
Amended by 2023 Tenn. Acts, ch. 207,s 3, eff. 7/1/2023.
Amended by 2013 Tenn. Acts, ch. 315, Secs.s 13, s 14 eff. 4/29/2013.
Acts 1957, ch. 312, § 3; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A., § 5-1403; Acts 1998, ch. 677, § 4; 2003 , ch. 90, § 2.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 14 - COUNTY PURCHASING (§§ 5-14-101 — 5-14-207) › Part 1 - COUNTY PURCHASING LAW OF 1957 (§§ 5-14-101 — 5-14-116) › Section 5-14-104 - Purchasing agent - Office

(a)
Necessary office space and equipment for the use of the purchasing agent shall be provided and maintained at the county seat of such county.
(b)
Such office shall be open for business during the usual hours observed by other officials of the county government.
Acts 1957, ch. 312, § 14; T.C.A., § 5-1404.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 14 - COUNTY PURCHASING (§§ 5-14-101 — 5-14-207) › Part 1 - COUNTY PURCHASING LAW OF 1957 (§§ 5-14-101 — 5-14-116) › Section 5-14-105 - Purchasing agent - Powers and duties

The county purchasing agent has exclusive power and it is the purchasing agent's duty to:
(1)
Contract for and purchase all supplies, materials, equipment and contractual services required by each and every official, agency, office, department or employee of the county government, or that is supported by, or under control of, the county government and that expends or encumbers any of the county's funds. No other official, employee or agent of the county or of any of its departments or agencies shall be authorized to contract for or purchase any such materials, supplies, equipment or contractual services;
(2)
Arrange for the rental of machinery, buildings or equipment when the rents are to be paid out of funds belonging to the county or any department, institution or agency thereof; and no other official, employee or agent of the county shall have the right or power to make any contract for such rental;
(3)
Transfer materials, supplies and equipment to or between county departments and agencies as may be needed for the proper and efficient administration of the county government; and
(4)
Have charge of any central storeroom or central mailing room or similar services that may hereafter be established for the efficient and economical handling of the county's business.
Acts 1957, ch. 312, § 4; T.C.A., § 5-1405.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 14 - COUNTY PURCHASING (§§ 5-14-101 — 5-14-207) › Part 1 - COUNTY PURCHASING LAW OF 1957 (§§ 5-14-101 — 5-14-116) › Section 5-14-106 - County purchasing commission

(a)
A county purchasing commission is hereby created.
(b)
(1)
The commission shall consist of five (5) members, one (1) of whom shall be the county mayor; the remaining four (4) shall be appointed by the county mayor with the approval of the county governing body.
(2)
The members of the commission need not be members of the county governing body.
(c)
Such commission shall elect its own chair and shall meet from time to time as it may deem necessary for the discharge of its duties.
(d)
It is the duty of the commission to assist the purchasing agent in the determination of overall purchasing policies and in the establishment and promulgation, in accordance with this part, of rules, regulations and procedures to be followed in the making of purchases and contracts for purchase for the county. The actual administration of such activity shall be the sole responsibility of the purchasing agent.
Acts 1957, ch. 312, § 5; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A., § 5-1406; Acts 2003, ch. 90, § 2.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 14 - COUNTY PURCHASING (§§ 5-14-101 — 5-14-207) › Part 1 - COUNTY PURCHASING LAW OF 1957 (§§ 5-14-101 — 5-14-116) › Section 5-14-107 - Rules and regulations

The county purchasing agent, with the assistance of the county purchasing commission, shall adopt, promulgate, and may from time to time amend, rules and regulations for the purchase of supplies, materials, equipment and contractual services and specifically for the following purposes:
(1)
Authorizing in writing any department, official or agency of the county government to make purchases in the open market for immediate delivery in emergencies, defining such emergencies, describing the manner in which such emergency purchases shall be made and promptly afterward reported to the county purchasing agent;
(2)
Prescribing the manner in which supplies, materials and equipment shall be requisitioned, purchased, delivered, stored and distributed, and providing that such shall be conducted in accordance with this part;
(3)
Prescribing the dates for submitting requisitions and estimates, the future period they are to cover, the form in which they are to be submitted, the manner of their authentication, and their revision by the county purchasing agent;
(4)
Prescribing the manner of inspecting all deliveries of supplies, materials and equipment, and of making or procuring chemical and physical tests of samples submitted with bids and samples of deliveries to determine compliance with specifications;
(5)
Requiring periodical and special reports by county departments, agencies, and employees of stocks of surplus, unusable or obsolete supplies and equipment on hand and prescribing the form of such reports;
(6)
Providing for the transfer to or between county departments and agencies of supplies and equipment on hand, that are surplus with one (1) department or agency, but that may be needed by another or others, and for the disposal by sale, after receipt of competitive bids, of supplies, materials and equipment that are obsolete or unusable;
(7)
Determining whether a deposit or bond is to be submitted with a bid on a purchase contract or sale, and if required, prescribing the amount and form thereof, and providing that such surety shall be forfeited if the successful bidder refuses to enter into contract ten (10) days after the award;
(8)
Prescribing the manner in which invoices for supplies, materials, equipment and contractual services delivered to any and all departments, agencies and offices of the county shall be submitted, examined and approved;
(9)
Providing for all other such matters as may be necessary to give effect to the foregoing rules and to this part; and
(10)
Prescribing the manner in which public auctions for the sale of county-owned property, real or personal, that has become surplus, obsolete or unusable shall be conducted.
Acts 1957, ch. 312, § 4; T.C.A., § 5-1405; Acts 1984, ch. 647, § 1.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 14 - COUNTY PURCHASING (§§ 5-14-101 — 5-14-207) › Part 1 - COUNTY PURCHASING LAW OF 1957 (§§ 5-14-101 — 5-14-116) › Section 5-14-109 - Purchases - Certification of adequate funding

Except in emergencies, no order for delivery on a contract or open market order for supplies, materials, equipment or contractual services for any county department or agency shall be awarded unless it shall be first certified by the director of accounts and budgets, or other county official or employee in charge of the central accounting records of the county that the unencumbered balance in the appropriation chargeable with such purchase in excess of all unpaid obligations, is sufficient to defray the entire cost of such order or contract.
Acts 1957, ch. 312, § 8; T.C.A., § 5-1409.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 14 - COUNTY PURCHASING (§§ 5-14-101 — 5-14-207) › Part 1 - COUNTY PURCHASING LAW OF 1957 (§§ 5-14-101 — 5-14-116) › Section 5-14-110 - Emergency purchases

(a)
The county purchasing agent may authorize any department or agency of the county government to purchase in the open market, without filing requisition or estimate, any supplies, materials or equipment for immediate delivery in actual emergencies arising from unforeseen causes, including delays by contractors, delays in transportation, and unanticipated volume of work; but such emergencies shall not include conditions arising from neglect or indifference in anticipating normal needs.
(b)
(1)
Such direct emergency purchases, however, may only be made by department or agency heads at times when the office of the county purchasing agent is closed.
(2)
At all other times, only the county purchasing agent shall make these purchases.
(3)
A report of such emergency purchase, when made by a department or agency head, together with a record of the competitive bids secured and upon which it was based, shall be submitted in writing to the county purchasing agent before the close of the next working day following the date of such purchase, by the head of the county department or agency concerned, together with a full and complete account of the circumstances of such emergency.
(4)
Such report shall be kept on file and shall be open to public inspection.
Acts 1957, ch. 312, § 9; T.C.A., § 5-1410.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 14 - COUNTY PURCHASING (§§ 5-14-101 — 5-14-207) › Part 1 - COUNTY PURCHASING LAW OF 1957 (§§ 5-14-101 — 5-14-116) › Section 5-14-111 - Written orders and contracts

(a)
Each purchase order or contract issued or executed pursuant to this chapter shall be evidenced by a written order signed by the county purchasing agent, which shall give all significant details respecting such order or contract.
(b)
A copy of such order shall be furnished the vendor, one (1) copy shall be furnished to the county accounting department, and at least two (2) copies shall be retained in the office of the county purchasing agent, one (1) of such copies to be filed in numerical order and the other alphabetically.
Acts 1957, ch. 312, § 11; T.C.A., § 5-1411.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 14 - COUNTY PURCHASING (§§ 5-14-101 — 5-14-207) › Part 1 - COUNTY PURCHASING LAW OF 1957 (§§ 5-14-101 — 5-14-116) › Section 5-14-112 - Purchasing standards and specifications

(a)
It is the duty of the county purchasing agent to:
(1)
Classify the requirements of the county government for supplies, materials and equipment;
(2)
Adopt as standards the smallest number of quantities, sizes and varieties of such supplies, materials and equipment consistent with the successful operation of the county government; and
(3)
Prepare, adopt and promulgate written specifications describing such standards.
(b)
(1)
In the preparation and revision of such standards, the county purchasing agent shall seek the advice, assistance and cooperation of the county departments and agencies concerned, to ascertain their precise requirements.
(2)
Each specification adopted for any commodity shall, insofar as possible, satisfy the requirements of the majority of the county departments and agencies that use the same.
Acts 1957, ch. 312, § 12; T.C.A., § 5-1412.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 14 - COUNTY PURCHASING (§§ 5-14-101 — 5-14-207) › Part 1 - COUNTY PURCHASING LAW OF 1957 (§§ 5-14-101 — 5-14-116) › Section 5-14-113 - Liability of county

The county shall be liable for the payment of all purchases of supplies, materials, equipment and contractual service made in accordance with this chapter, but shall not be liable for the payment of such purchases made contrary to its provisions.
Acts 1957, ch. 312, § 13; T.C.A., § 5-1413.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 14 - COUNTY PURCHASING (§§ 5-14-101 — 5-14-207) › Part 1 - COUNTY PURCHASING LAW OF 1957 (§§ 5-14-101 — 5-14-116) › Section 5-14-114 - Conflicts of interest - Forfeiture of compensation - Removal from office

(a)
The county purchasing agent, members of the county purchasing commission, members of the county legislative body, and other officials of the county shall not:
(1)
Have a direct interest in a contract or purchase order for supplies, materials, equipment, or contractual services used by or furnished to a department or agency of the county government. As used in this subdivision (a)(1), "direct interest" means a contract with such person personally or with a business in which such person is the proprietor, a partner, or the person having the controlling interest in the business; "controlling interest" includes the individual with the ownership or control of the largest number of outstanding shares owned by a single individual or corporation;
(2)
Have an indirect interest in the purchase of supplies, materials, equipment, or contractual services for the county unless the person publicly acknowledges the interest. A person who is not a member of a governing body and who is required to publicly acknowledge an indirect interest must do so by reporting the interest to the office of the county mayor to be compiled into a list that must be maintained as a public record. As used in this subdivision (a)(2), "indirect interest" means a contract in which a person is interested, but not directly so, and includes contracts where the person is directly interested and is the sole supplier of goods or services in the county; or
(3)
Accept or receive, directly or indirectly, from a person, firm, or corporation to which a contract or purchase order may be awarded, by rebate, gift, or otherwise, money or anything of value whatsoever, or a promise, obligation, or contract for future reward or compensation.
(b)
If an official subject to subsection (a) violates subsection (a), the official shall forfeit all compensation earned by the official under the contract and is removed from office. An official removed from office pursuant to this section is ineligible for the same or similar position for a period of ten (10) years following the date of the violation.
Amended by 2022 Tenn. Acts, ch. 700, s 1, eff. 3/18/2022.
Acts 1957, ch. 312, § 10; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 5-1414; Acts 1989, ch. 591, § 18.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 14 - COUNTY PURCHASING (§§ 5-14-101 — 5-14-207) › Part 1 - COUNTY PURCHASING LAW OF 1957 (§§ 5-14-101 — 5-14-116) › Section 5-14-115 - Application to schools

(a)
This part shall not apply to county school funds for any purpose, the county board of education and the county director of schools, unless approved by the commissioner of education.
(b)
Upon request by a majority vote of the local board of education and with the approval of the commissioner of education, applicability of this part as it applies to county school funds shall cease to be effective.
Acts 1957, ch. 312, § 14a; T.C.A., § 5-1415; Acts 1982, ch. 809, § 1.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 14 - COUNTY PURCHASING (§§ 5-14-101 — 5-14-207) › Part 1 - COUNTY PURCHASING LAW OF 1957 (§§ 5-14-101 — 5-14-116) › Section 5-14-116 - Construction of part

This part is not exclusive and shall not prevent the adoption of amendments to existing special or local purchasing laws, or the enactment of special or local purchasing acts.
Acts 1957, ch. 312, § 15; T.C.A., § 5-1416.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 14 - COUNTY PURCHASING (§§ 5-14-101 — 5-14-207) › Part 2 - COUNTY PURCHASING LAW OF 1983 (§§ 5-14-201 — 5-14-207) › Section 5-14-201 - Short title

This part shall be known and may be cited as the "County Purchasing Law of 1983."
Acts 1983, ch. 451, § 1.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 14 - COUNTY PURCHASING (§§ 5-14-101 — 5-14-207) › Part 2 - COUNTY PURCHASING LAW OF 1983 (§§ 5-14-201 — 5-14-207) › Section 5-14-202 - Application of part

This part applies to all purchases by authorized officials in all counties using or encumbering county funds, except that this part does not apply to purchases:
(1)
Made from county highway funds pursuant to §
54-7-113
;
(2)
Made from county education funds pursuant to §
49-2-203
;
(3)
Made by any county that has adopted either the County Purchasing Law of 1957, compiled in part 1 of this chapter, or the County Financial Management System of 1981, compiled in chapter 21 of this title;
(4)
Made by any county governed by a private act regarding purchasing if such private act provides for advertisement and competitive bidding before a purchase is made and if the dollar amount for each purchase requiring advertisement and competitive bidding is ten thousand dollars ($10,000) or some lesser amount;
(5)
Made under §
12-3-1201
;
(6)
Made by any county having a population of seven hundred thousand (700,000) or more according to any federal census and governed by a private act regarding purchasing, if such private act provides for advertisement and competitive bidding before a purchase is made and if the dollar amount for each purchase requiring advertisement and competitive bidding is five thousand dollars ($5,000) or some lesser amount;
(7)
From nonprofit corporations, such as the Local Government Data Processing Corporation, whose purpose is to provide goods or services specifically to counties; or
(8)
Made by a county with a population of not less than two hundred thousand (200,000) according to any federal census, so long as the county through county or metropolitan government charter, private act, or ordinance has established a procedure regarding purchasing that provides for advertisement and competitive bidding and sets a dollar amount for each purchase requiring advertisement and competitive bidding; provided, that purchases of less than the dollar amount requiring advertisement and competitive bidding shall, wherever possible, be based upon at least three (3) competitive bids.
Acts 1983, ch. 451, § 2; 1990, ch. 820, § 1; 1995, ch. 179, §§ 2, 3; 2007, ch. 135, § 2.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 14 - COUNTY PURCHASING (§§ 5-14-101 — 5-14-207) › Part 2 - COUNTY PURCHASING LAW OF 1983 (§§ 5-14-201 — 5-14-207) › Section 5-14-203 - 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 and the appropriations made for the department, office or agency for which the purchase is made.
Acts 1983, ch. 451, § 3.