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.