Appendix B. TABLE OF PUBLIC ACTS AFFECTING LOCAL GOVERNMENT  


Latest version.
  • Administration of Estates
    31-6-104 Tangible personal property.
    32-2-101 Place of proving and recording will and granting letters testamentary.
    Animals
    39-14-207 Humane society to have right of action for services rendered on animals.
    Airports
    42-3-103 Authority given for creation of municipal airport authority.
    42-4-101 et seq. Creating of Metropolitan Airport Authority.
    42-5-101 et seq. County and municipal airports.
    Business
    7-59-101 et seq. Cable Television Act of 1977 applies to counties. Governing body issues franchises; may not extend into municipality.
    Businesses and Trades
    62-6-102* Qualifications for general contractors in counties of more than 60,000.
    Cemeteries
    46-2-106 Appointment of county constable to arrest persons who violate laws.
    46-4-103 Counties given authority to bring or join in suits to terminate the use of land as a cemetery.
    Civil Defense
    58-2-117 Establishment of local (civil defense) organization. Political subdivisions permitted to create.
    58-2-118 Emergency powers of political subdivisions.
    58-2-119 Cooperation of local organizations with others within the state.
    58-2-120 Mutual aid arrangements with other states. [Local organization may enter into arrangements with civil defense agencies in other states.]
    58-2-121 Local taxes and appropriations for civil defense. In times of war or national emergency, local government may levy taxes.
    58-2-122 Expenses of local organizations.
    58-2-123 Use of state and local facilities.
    58-2-124 Acceptance of federal aid.
    58-2-129 Immunity from liability; rights to benefits preserved.
    58-2-130 Alternative establishment of multiple county organizations for civil defense.
    58-4-201 et seq. Appropriations by county legislative bodies (for veterans' memorials).
    County and City Children's Homes
    37-2-201 et seq. Children's homes provided for. County may create.
    County Government
    5-6-102 Election [of county executive] class 1 counties—August 1978, every four years.
    5-6-116* Minimum salaries for clerical help, see Reneau v. Clay County, 221 Tenn. 486 (1968).
    5-12-101 et seq. "County Budgeting Law of 1957." Effective when adopted by 2/3 vote of county governing body or by majority vote in referendum.
    5-13-101 "County Fiscal Procedure Law of 1957." [ 2/3 vote of governing body—T.C.A. § 5-13-102.]
    5-14-101 "County Purchasing Law of 1957." [Same.]
    5-16-101* "Urban type public facilities." Any county may establish: sanitary and storm sewer lines, plants for sewage treatment, garbage, etc., water supply, chemical pipelines. *And in counties of not less than 600,000 by federal census, fire protection.
    5-17-101 County legislative body empowered to establish a countywide fire department.
    5-20-101 et seq. Adoption of prepared building, plumbing and gas codes by reference.
    8-3-204 Local action on private or local act to be indicated in published acts.
    8-30-218 State civil service may supply services, facilities to local governments.
    58-2-501 et seq. The State Disaster Relief Fund Act. Procedures for declaring a localized disaster, applying for relief, etc.
    County Courts
    16-16-101 Established in each county; probate and other business.
    16-16-107 Original jurisdiction.
    16-710 Distribution, partition and sale of realty.
    [Private Acts of 1941, chapter 123, divests county court of jurisdiction and creates general sessions.]
    [Private Acts of 1870, chapter 86, established probate court for Shelby County.]
    County Receiving Homes
    37-2-301 Establishment—County court may establish receiving homes for dependent, neglected or abandoned children or children without proper parental care.
    37-2-302 Appropriations and tax levy for operation.
    37-2-303 State's contribution.
    Court Clerk
    18-6-101 et seq. Court Clerks. (Formerly county court clerk.)
    18-6-101 Election—tenure.
    18-6-104 Duties as clerk.
    Courts
    16-2-506 Thirtieth judicial district.
    District Attorney General
    8-7-101 et seq. District attorney general.
    Education
    49-2-101 et seq. Duties of county legislative body in the local administration of education.
    49-2-1001 et seq. Joint operation of city and county schools by county.
    49-3-1001 et seq. County legislative body authorized to issue and sell bonds for school purposes in the manner provided in this part.
    49-5-901 Establishment of local teachers' retirement systems.
    49-6-2001 et seq. County and city boards of education given the power of eminent domain.
    49-7-108 County legislative body may make contributions to institutions of higher learning.
    49-7-108 County legislative body may levy tax to provide for contributions to institutions of higher learning.
    Elections
    2-2-112* Supplemental registrations in counties having a population of 250,000 or more.
    2-2-138* Preparation of periodic lists of newly registered voters in counties having a population in excess of 180,000.
    2-6-117 Delivery of absentee ballot boxes to counting board. [4:00 p.m., but may be earlier.]
    Financing
    9-1-105 State shared revenue—application of census reports. Effective date for census for purposes of revenue distributed to county.
    9-1-107 Authority to government agencies and quasi-public entities to invest and deposit funds in state and federal savings and loan associations.
    9-1-108 Acceptance of checks or money orders in payment of public taxes, licenses and fees—effect of nonpayment.
    9-2-102 Uniform accounting system.
    9-2-103 Receipts required.
    9-2-137 County offices and departments—quarterly report of accounts payable and obligations.
    9-2-138 Reconciliation of county fund accounts with trustee's records—monthly and quarterly reports.
    9-2-139 Failure of county officers and employees to file reports or reconcile accounts a misdemeanor.
    9-3-102 Facsimile signatures on public securities (including warrants).
    9-3-201 Purpose and scope of audit.
    9-3-202 Investigation of delinquent taxes.
    9-3-203 Improperly assessed personal property.
    9-3-204 Filing of report—further duties.
    9-3-206 Access to records.
    9-3-207 Summons of witnesses—documents furnished—bond of auditors.
    9-3-208 Report and collection of delinquencies.
    9-3-209 Attorney's fees for collection of delinquencies.
    9-3-210 County contributions to expenses of audit.
    9-3-211 Annual audit in each political subdivision and special taxing district.
    9-3-212 Duty to order and pay for audits.
    9-3-213 Person or firm making audit to furnish certified copy to state comptroller.
    9-3-301 Misappropriation of state-shared funds by counties—withholding of funds—bond.
    9-3-302 Funds may be withheld in year subsequent—amount equal to amount misappropriated.
    9-3-303 Right to appeal the determination of comptroller.
    9-4-301 Remission of collections by county officers.
    9-4-305 Deposit certification.
    9-11-103 Issuance of funding bonds.
    9-11-104 Contents of bond order.
    9-11-105 Publication of bond order.
    9-11-106 Limitation of actions to invalidate bonds.
    9-11-107 Resolution for issuance of bonds.
    9-11-108 Certificate of state director.
    9-11-109 Sale price—exchange—premiums and discount.
    9-11-110 Exercise of powers.
    9-11-111 Exemption from taxation.
    9-11-112 Tax levy and sinking fund provisions.
    9-11-113 Annual cash basis budget.
    9-11-114 Appropriation ordinance.
    9-11-115 Tax levy for cash basis.
    9-11-116 Enforcement powers of state director.
    9-11-117 Tax anticipation notes.
    9-11-118 Remedies of bondholders.
    9-11-119 Nature and construction of chapter.
    9-13-101 Authority to lend appropriated funds. (State board of equalization may lend funds appropriated for that purpose to counties.)
    9-21-901 Power to refund.
    9-21-902 Determination by governing body.
    9-21-903 Plan submitted to state.
    9-21-904 Amount of principal.
    9-21-905 Resolution; election.
    9-21-906 Sale at below par value.
    9-21-907 Terms of general obligation refunding bonds.
    9-21-908 Limitation on maturity of bonds to be refunded.
    9-21-909 Installment sales and exchanges.
    9-21-910 Sale of general obligation refunding bonds—notices.
    9-21-911 Sale of general obligation refunding bonds to a state or federal agency.
    9-21-912 Notice of refunding.
    9-21-913 Notice of redemption.
    9-21-914 Application of proceeds of sale of general obligation refunding bonds.
    9-21-915 Powers to secure and to covenant as to general obligation refunding bonds.
    9-21-916 Remedies of general obligation refunding bondholders.
    9-21-1001 Power to refinance and issue bonds.
    9-21-1002 Determination by governing body.
    9-21-1003 Plan of refunding.
    9-21-1004 Amount of principal.
    9-21-1006 Terms of revenue refunding bonds.
    Fire and Police
    7-51-201 Political subdivision "that maintains a regular law enforcement department" may establish any form of compensation for loss of life or injury. Same for fire department.
    7-51-203 Liability insurance for employee protection.
    7-61-102 Ambulance service may be maintained by county.
    7-61-103 Ambulance service may be licensed by county.
    7-61-104 No service outside boundaries nor may county service extend to city except by agreement.
    General Sessions Courts
    16-15-101 Establishment—effective 9-1-1960 in each county.
    16-15-401 Powers of judges.
    16-15-501 Jurisdiction—all jurisdiction and exercise [of] the authority conferred by law upon justices of the peace.
    16-15-205 Salaries.
    17-1-106 Qualification of judges. "Learned in the law," "authorized to practice."
    Government Liability
    29-20-101 et seq. Governmental tort liability.
    Hospitals
    7-57-101 et seq.* Metropolitan Hospital Authority Act applies to counties.
    29-22-101 et seq. Hospitals' liens. Statutory lien in favor of hospital (in municipal or county hospital). Up to 1/3 of award for injury.
    Industry
    50-3-910 Local government's duty to employees for occupational safety and health.
    Jails and Prisoners
    41-2-101 et seq. County legislative body may provide lands, buildings, and articles of any kind necessary for a workhouse for such county.
    41-2-142* Counties having population of 600,000 or more shall institute furlough program for county jail prisoners.
    41-2-143* Conditions for furlough in counties having population of 700,000 or more.
    41-2-144* Counties having population of 600,000 shall institute incentive program for workhouse prisoners.
    41-2-145* Inmate incentive program in counties of 600,000 or more.
    41-4-115 County legislative body to provide for medical care for prisoners.
    41-4-116 County legislative body to provide for jail inspectors.
    41-22-301 et seq. Contracting board for road work by jail prisoners.
    Juries
    See Private Acts of 1955, chapter 118. Shelby was excepted from former Uniform Jury Law, T.C.A. § 22-201 et seq.
    Landlord and Tenant
    66-28-102* Makes the Uniform Residential Landlord and Tenant Act applicable to counties having more than 200,000.
    Library
    10-3-101 Establishment, maintenance and joint operation. County legislative body shall have power to establish.
    10-3-102 Taxes—levy.
    10-3-103 Library board—appointment—terms.
    10-3-104 Powers and duties of library board.
    10-3-105 Borrowing money to acquire library buildings and equipment.
    10-3-106 Tax funds held by county or city treasurer—disbursement—audit of accounts.
    10-3-107 Libraries free to inhabitants—extension of privileges to nonresidents.
    10-3-108 Penalties for loss of or injury to library property.
    10-3-110 Title to property acquired—use of proceeds from activities.
    10-3-111 Financial report of operations.
    License Bonds
    67-4-112 Jurisdiction is conferred on the court of general sessions to try and determine actions on license bonds.
    Liquor
    57-2-103 Local option as to the manufacture of intoxicating liquors. Calling of an election.
    57-3-106 Local option as to the manufacture, sale, receipt, storage, etc., of alcoholic beverages.
    57-3-203 Qualifications of applicants for wholesaler's license for alcoholic spirituous beverages.
    57-3-205 Location of retail license for alcoholic spirituous beverages restricted.
    57-3-306 Collection and disposition of taxes and other funds derived from distilled spirits.
    57-3-501* Maximum amount of inspection fee on alcoholic beverages in counties of 60,000 or more.
    57-4-103 Applicability of consumption on premises law.
    57-4-301 Privilege tax on retail alcoholic beverage sales consumed on the premises.
    57-5-104 Permit from county and/or city required to sell beer and light alcoholic beverages.
    57-5-108 Ordinances governing issuance and revocation of licenses.
    57-5-109 Revocation of permits or licenses.
    57-5-415 Enforcement authorities.
    Local Economic Adjustment Act
    9-14-101 Local Economic Adjustment Act of 1975.
    9-14-102 Applies to counties. (Chapter permits local governments to accept grants, etc.; to participate with state and federal governments in projects to alleviate problems of severe economic adjustment.)
    9-16-101 Special census by counties. Each county may take not more than two special censuses between federal decennial censuses for revenue allocation purposes.
    Local Government
    12-4-101 Personal interest of officers prohibited.
    12-9-101 Interlocal Cooperation Act.
    12-9-102 Purpose.
    12-9-103 Definitions ("Public agency" includes "any political subdivision of this state").
    12-9-104 Interlocal agreements.
    12-9-105 Status of agreements—parties to actions.
    12-9-106 Submission to state officer or agency for approval—when required.
    12-9-107 Appropriations—furnishing of property, personnel and service.
    12-9-108 Interlocal contracts for performance of services.
    12-9-109 Contracts under other laws unaffected.
    Mental Health
    33-1-202 Grants to counties, cities, corporations. Commissioner of mental health may make grants to counties for mental health clinics.
    33-201 Subsection (8) Arlington Developmental Center.
    Subsection (5) Memphis Mental Health Institute.
    Motor Vehicles
    55-16-110* Impoundment and removal of motor vehicles.
    Municipal Powers
    7-1-101 et seq. Consolidation of city and county functions—Metropolitan Government.
    7-52-101 et seq. "Municipal Electric Plant Law of 1935" applies to counties.
    7-53-101 et seq. Industrial Development Corporations, applies to counties.
    7-56-101 et seq. Publicly owned transportation systems, applies to counties may create unilaterally or in combination with any other municipality, county inter or intra state.
    7-84-103 Central Business Improvement District Act of 1971 applies to counties.
    Public Carriers
    65-7-101 Any county may become a stockholder in any railroad company incorporated in this state. Requirements T.C.A. §§ 65-7-102, 65-7-116.
    65-16-105 County legislative body may contract for street and interurban railway service; consent of county court required for extension of railway beyond municipal limits.
    Public Health
    44-2-121 Any county may contract for the disposal of dead animal bodies.
    44-2-1104 Counties authorized to adopt hog cholera eradication program.
    68-1-105 County legislative bodies are empowered to appropriate money to carry on health demonstration work.
    68-2-601 et seq. County health departments.
    68-2-1001 County physician.
    68-3-206* Local health departments in counties with a population of 250,000 or greater may issue birth certificates.
    68-10-108 County legislative bodies are empowered to provide suitable places for detention of persons infected with venereal diseases.
    68-11-501 Quarterly court can guarantee the maintenance of a hospital for five years if erected and equipped by others.
    68-11-502 Cities and counties may make agreements for apportionment of expenses for maintenance of hospital.
    68-11-504 Counties may make contributions of property and money to public welfare hospitals.
    68-11-604 et seq. Powers of county and municipality in regard to medical arts building.
    68-13-512 County may levy tax to meet payments of public water supply and sewer system.
    68-13-604 et seq. Power to create a water and wastewater treatment authority.
    68-25-115 Any county may enact air pollution control standards.
    68-25-202* Any county having a population of 600,000 or more may adopt ordinances not less stringent than the Tennessee Air Quality Act.
    Public Lands
    43-24-105 County may make public lands available for community gardening.
    Public Officers
    8-8-101 et seq. Sheriffs.
    8-8-303 Waiver of governmental immunity as to special deputies.
    8-9-101 et seq. Coroners.
    8-10-101 et seq. Constables.
    8-11-101 et seq. County trustees.
    8-12-101 et seq. County surveyor.
    8-13-101 et seq. Registers.
    8-15-101 et seq. Auditors.
    8-16-101 et seq. Notaries public.
    8-19-101 et seq. Bonds of officers.
    8-20-101 et seq. Appointment of deputies and assistants (clerks of courts, trustee, register, sheriff).
    8-21-101 et seq. Fees charged.
    8-22-101 et seq. Accounting for fees.
    8-24-101 Classification of counties; Shelby = county of the first class.
    Chapter sets maximum/minimum salaries for county officials.
    8-26-105—8-26-108 Jailers' fees, reimbursement for keeping state prisoners, etc.
    8-26-112* Expenses of salaried county officers (100,000 population or over).
    8-26-113* Automobiles for salaried county officers (100,000 population or over).
    8-47-101 et seq. Officers subject to removal—grounds. (Ouster law.)
    8-48-101 et seq. Vacancies in office.
    8-50-501 et seq. Disclosure statements of conflict of interest; each elected city/county official.
    38-7-104 County legislative body to elect county medical examiner.
    Public Employees
    8-27-501 Counties authorized to provide insurance for employees and officials.
    8-34-101 et seq. Consolidated retirement system; applies to some county officials.
    8-3601 [app., vol. 3] Retirement of local employees. Repealed, except that it remains in effect for purposes of defining benefits and privileges previewed under T.C.A. § 8-34-709.
    8-4001 et seq. [app., vol. 3] Retirement of county officials. Repealed, except that it remains in effect for purposes of defining benefits and privileges previewed under T.C.A. § 8-34-709.
    Public Meetings
    8-44-101 et seq. Open meetings law.
    Public Property
    11-22-101 County legislative body authorized to acquire recreation grounds.
    11-22-102 Plat; proceedings.
    11-22-103 Compensation; damages.
    11-24-101 Includes counties. For municipal recreation systems.
    12-10-101 et seq. Public Building Authorities Act of 1971.
    Public Purchasing
    5-14-101 et seq. County purchasing.
    Public Records
    10-7-102 Books for register's office to be furnished by county.
    10-7-103 Records laid before county legislative body annually for examination.
    Public Welfare
    71-3-301 County legislative body binding out as apprentices.
    71-3-302 Illegitimate children as apprentices.
    71-3-303 Reimbursement for county support of illegitimates.
    71-3-601 Orphan asylums.
    71-3-612 County contributions to expenses.
    71-5-301 et seq. Food Stamp Act of 1971.
    71-5-304 State administration.
    71-5-311 Election of county to participate.
    71-5-1101 et seq. Economic opportunity programs.
    71-5-1102 Counties authorized to participate in programs under state or Federal Economic Opportunity Act.
    71-5-2201 Commissioners of the poor.
    71-5-2301 Miscellaneous provision for support of the poor.
    13-11-101 et seq. Uniform Relocation Assistance Act of 1972 (provides assistance for those relocated by government action, i.e., urban renewal).
    13-11-111 Permissive authority given local agency.
    13-11-112 State share of costs.
    13-26-101 et seq. Human Resource Agency Act of 1973.
    13-26-102 Creator (chief elected public officials of counties/cities of economic development districts may create a human resource agency—Shelby specifically authorized).
    13-26-105 Powers of agencies.
    13-26-110 Bond requirements.
    Real Estate and Zoning; Industrial Development
    13-3-102 Municipal planning commission may be designated a regional planning commission.
    Counties may also establish regional commissions.
    13-7-101 et seq. County zoning regulations.
    13-10-101 et seq. Mass transit.
    13-10-107 Mass transit project if approved may be funded up to 100%.
    13-14-101 et seq. Development District Act of 1965.
    13-14-102 State planning office "in cooperation with counties."
    13-14-104 Membership of boards.
    13-16-201 et seq. Industrial Park Act.
    13-16-202 Includes counties as municipality.
    13-16-203 May use GO bonds to finance as set out in Industrial Building Bond Act of 1955 (T.C.A. § 7-55-101 et seq.), or former County Recovery and Post War Aid Act of 1945 (T.C.A. § 5-11-101 et seq.), etc.
    13-16-204 Control of industrial parks.
    13-16-205 Provision for public services.
    13-16-206 Municipalities acting jointly.
    13-16-207 Certificate requirements.
    13-20-501 et seq. County and regional housing authorities. Under certain circumstances, counties may create housing authorities.
    13-20-601 et seq. Bonds and finances of housing authorities.
    Roads, Bridges and Highways
    54-4-103 County legislative body may by resolution direct the expenditure of county aid funds for designated roads.
    54-4-401 et seq. State-aid highway system.
    54-5-110 Right-of-way acquired by counties or commissioner.
    54-5-112 County legislative body must authorize payments by county for highway improvements.
    54-8-101 Authority given for the creation of a county highway organization where one does not already exist.
    54-8-105 Counties authorized to pay county highway commissions for services and expenses.
    54-9-101 et seq. County bonds for highway purposes.
    54-10-102 County legislative body shall have power to build, repair, and maintain bridges and highways.
    54-10-103 County legislative bodies shall classify the public roads in their counties.
    54-10-105 County legislative body may elect or appoint commissioners to survey roads to ascertain needed improvements.
    54-10-108 County legislative bodies are empowered to permit erection of gates on roads of third and fourth class.
    54-11-101 County legislative bodies may clear out fords of rivers.
    54-11-207 County legislative body has power to build bridges.
    54-11-219 County legislative bodies may build free bridge across any river running between municipality and county.
    54-11-222 Joint county and city bridges authorized.
    54-11-301 et seq. County legislative body authorized to establish free public ferries.
    54-12-101 et seq. County vested with power to establish road improvement districts. [Note: 54-12-102]
    54-13-101 County legislative body may provide for making private and local improvements to public roads, bridges, ferries, etc.
    54-16-102 et seq. State and local authorities given power over controlled access facilities.
    54-18-101 Counties are authorized to enter into cooperative planning agreements.
    54-18-202 et seq. Counties are granted power to develop, establish, and preserve plans for efficient and economic highway systems.
    54-18-220, 54-18-221* Application of part.
    Soil Conservation
    43-14-301 County legislative body authorized to purchase terracing equipment. Where soil conservation association organized in county.
    Taxes
    6-55-603 If no city tax assessor, assessments by county assessor may apply.
    67-1-401 County legislative body shall elect five freeholders who will constitute a county board of equalization.
    67-1-504 In case of vacancy in assessor's office, the county legislative body shall elect an assessor who shall hold office until after next regular election.
    67-1-1002 Reassessments and relevies after assessment held void.
    67-1-1629 Sureties collecting taxes by approval of county legislative body.
    67-4-102 The county legislative body can allow any person the privilege of hawking or peddling without paying the privilege tax if they so desire.
    67-4-501 Each county may levy a privilege tax upon vocations, occupations and businesses.
    67-4-704 Subject to specified requirements, each county may levy a business tax on any vocation, occupation, business or business activity enumerated.
    67-4-709 Tax rates.
    67-5-102 For county general purposes, the various counties are authorized to levy an ad valorem tax upon all property subject to this form of taxation.
    67-5-218* Counties having a population of 200,000 or more; historic properties tax exemption.
    67-5-1608 Time of penalty for delinquency in payment of tax to trustee.
    67-5-1803* Waiver of interest and penalty for late billing shall apply to counties having a population of 200,000 or more.
    67-5-2002 Publication of delinquent lists.
    67-5-2402* Notice of delinquent taxes due.
    67-5-2506 et seq. Terms and proceedings for sale by county for enforcement of tax liens.
    67-6-702 The legislative body of any county is authorized to levy a retailer sales tax.
    Waste Disposal
    7-58-102 et seq. Resource recovery and solid waste disposal applies to counties. May set up local, joint or regional systems.
    Watercourses
    69-1-102 The county legislative body is authorized to make contracts for opening or cleaning out any navigable stream within the county, and for keeping the same free from obstructions.
    69-1-103 Any county may lay off such navigable stream or any portion thereof in the county into a district and appoint overseers.
    69-1-105 Every county legislative body may appoint a supervisor to visit improvements made on navigable streams in the county.
    69-1-111 County legislative body may permit improvements in watercourses in the county.
    69-1-112 The county legislative body may appoint commissioners to examine the watercourses in the county as often as necessary.
    69-1-115 Counties, through the legislative body, are empowered to pay damages caused from overflow of lands by federal government's canalizing rivers.
    69-5-101 County legislative bodies may issue bonds for the purpose of constructing levees to protect lands which are unfit due to overflow.
    69-5-103 County legislative body shall appoint "levee commissioners" to superintend construction of the levee.
    69-5-104 Engineer—contracts.
    69-6-101 County may establish levee and drainage districts and change natural watercourses. [Also see [T.C.A. §] 69-6-102.]
    69-6-131 Preliminary expenses of ditch, drain, or watercourse improvement may be paid by order of county legislative body.
    69-6-901 County may issue and sell drainage bonds limited to term of 20 years.
    69-7-126 Contribution of county for watershed districts.
    69-12-125* Local regulation of dams and reservoirs.
    Weed Control
    43-6-201 Adoption of part by county legislative bodies for eradication of Johnson grass.
    Weights and Measures
    47-26-216* Appointment of county sealers of weights and measures in counties of 50,000 or more.