Tennessee 2025-2026 Regular Session

Tennessee House Bill HB1438 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	SENATE BILL 1460
3	3	By Stevens
4	4
5	5	HOUSE BILL 1438
6	6	By Reedy
7	7
8	8
9	9	HB1438
10	10	000895
11	11	- 1 -
12	12
13	13	AN ACT to amend Chapter 403 of the Private Acts of 1951; as
14	14	amended and rewritten by Chapter 94 of the Private Acts
15	15	of 2004; Chapter 82 of the Private Acts of 2006 and
16	16	Chapter 60 of the Private Acts of 2014; and any other
17	17	acts amendatory thereto, relative to the City of Erin.
18	18
19	19	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
20	20	SECTION 1. Chapter 403 of the Private Acts of 1951, as amended and rewritten by
21	21	Chapter 94 of the Private Acts of 2004, and as amended by Chapter 60 of the Private Acts of
22	22	2014, and any other acts amendatory thereto, is amended in Article I, Section 1.02, by deleting
23	23	subdivision (a)(1).
24	24	SECTION 2. Chapter 403 of the Private Acts of 1951, as amended and rewritten by
25	25	Chapter 94 of the Private Acts of 2004, and as amended by Chapter 60 of the Private Acts of
26	26	2014, and any other acts amendatory thereto, is amended in Article I, Section 1.02, subdivision
27	27	(a)(2), by deleting in the first sentence the language "shall mean a person elected to the Board
28	28	of Mayor and Alderman" and substituting instead "shall mean a person elected to the Board of
29	29	Mayor and Alderman".
30	30	SECTION 3. Chapter 403 of the Private Acts of 1951, as amended and rewritten by
31	31	Chapter 94 of the Private Acts of 2004, and as amended by Chapter 60 of the Private Acts of
32	32	2014, and any other acts amendatory thereto, is amended in Article I, Section 1.02, by deleting
33	33	subdivision (a)(5).
34	34	SECTION 4. Chapter 403 of the Private Acts of 1951, as amended and rewritten by
35	35	Chapter 94 of the Private Acts of 2004, and as amended by Chapter 60 of the Private Acts of
36	36	2014, and any other acts amendatory thereto, is amended in Article I, Section 1.02, by deleting
37	37	subdivision (a)(7) and substituting instead:
38	38	(7) "Elector" shall mean a person who is residing within the city, or who is a non-
39	39	resident qualified to vote therein because of ownership of property therein amounting to
40	40
41	41
42	42	- 2 - 000895
43	43
44	44	at least fifty percent (50%) fee simple interest in the ownership of the piece of property
45	45	and can provide a certified copy of the deed or a certified copy of the tax records that
46	46	provides the name(s) of the owner(s) of the property;
47	47	SECTION 5. Chapter 403 of the Private Acts of 1951, as amended and rewritten by
48	48	Chapter 94 of the Private Acts of 2004, and as amended by Chapter 60 of the Private Acts of
49	49	2014, and any other acts amendatory thereto, is amended in Article I, Section 1.02, by deleting
50	50	subdivision (a)(9).
51	51	SECTION 6. Chapter 403 of the Private Acts of 1951, as amended and rewritten by
52	52	Chapter 94 of the Private Acts of 2004, and as amended by Chapter 60 of the Private Acts of
53	53	2014, and any other acts amendatory thereto, is amended in Article I, Section 1.02, subdivision
54	54	(a)(11) by deleting the language "right-of-ways" and substituting instead "right-of-way".
55	55	SECTION 7. Chapter 403 of the Private Acts of 1951, as amended and rewritten by
56	56	Chapter 94 of the Private Acts of 2004, and as amended by Chapter 60 of the Private Acts of
57	57	2014, and any other acts amendatory thereto, is amended in Article I, Section 1.04, subdivision
58	58	(a) by deleting the period at the end of the subdivision and replacing it with a semicolon.
59	59	SECTION 8. Chapter 403 of the Private Acts of 1951, as amended and rewritten by
60	60	Chapter 94 of the Private Acts of 2004, and as amended by Chapter 60 of the Private Acts of
61	61	2014, and any other acts amendatory thereto, is amended in Article I, Section 1.04 subdivision
62	62	(b) by deleting the period at the end of the subdivision and replacing it with a semicolon.
63	63	SECTION 9. Chapter 403 of the Private Acts of 1951, as amended and rewritten by
64	64	Chapter 94 of the Private Acts of 2004, and as amended by Chapter 60 of the Private Acts of
65	65	2014, and any other acts amendatory thereto, is amended in Article I, Section 1.04 by deleting
66	66	subdivision (c) and substituting instead:
67	67	c. To contract and be contracted with;
68	68	SECTION 10. Chapter 403 of the Private Acts of 1951, as amended and rewritten by
69	69	Chapter 94 of the Private Acts of 2004, and as amended by Chapter 60 of the Private Acts of
70	70
71	71
72	72	- 3 - 000895
73	73
74	74	2014, and any other acts amendatory thereto, is amended in Article I, Section 1.04 by deleting
75	75	subdivision (d) and substituting instead:
76	76	d. To appropriate and borrow money to provide for payment of the debts of the
77	77	city, to authorize the expenditure of money for any municipal purpose or matter of
78	78	national or state interest, and to appoint boards, commissions, and committees not in
79	79	conflict with provisions in this charter or state law;
80	80	SECTION 11. Chapter 403 of the Private Acts of 1951, as amended and rewritten by
81	81	Chapter 94 of the Private Acts of 2004, and as amended by Chapter 60 of the Private Acts of
82	82	2014, and any other acts amendatory thereto, is amended in Article I, Section 1.04, by deleting
83	83	subdivision (e), and substituting instead:
84	84	e. To acquire or receive, maintain, improve, sell, lease, mortgage or otherwise,
85	85	dispose of, and hold in trust or otherwise any real personal, or mixed property, inside or
86	86	outside the city;
87	87	SECTION 12. Chapter 403 of the Private Acts of 1951, as amended and rewritten by
88	88	Chapter 94 of the Private Acts of 2004, and as amended by Chapter 60 of the Private Acts of
89	89	2014, and any other acts amendatory thereto, is amended in Article I, Section 1.04, by deleting
90	90	the periods at the end of subdivisions (f)-(s) and replacing them with a semicolon, and by adding
91	91	the word "and" after the semicolon in subdivision (s).
92	92	SECTION 13. Chapter 403 of the Private Acts of 1951, as amended and rewritten by
93	93	Chapter 94 of the Private Acts of 2004, and as amended by Chapter 60 of the Private Acts of
94	94	2014, and any other acts amendatory thereto, is amended in Article I, Section 1.04 by adding
95	95	the following as a new subdivision (t):
96	96	t. To make appointments to boards and commissions as authorized by law.
97	97	SECTION 14. Chapter 403 of the Private Acts of 1951, as amended and rewritten by
98	98	Chapter 94 of the Private Acts of 2004, and as amended by Chapter 60 of the Private Acts of
99	99	2014, and any other acts amendatory thereto, is amended in Article II, Section 2.01 by deleting
100	100	the language "four year term" and substituting instead "four-year term".
101	101
102	102
103	103	- 4 - 000895
104	104
105	105	SECTION 15. Chapter 403 of the Private Acts of 1951, as amended and rewritten by
106	106	Chapter 94 of the Private Acts of 2004, and as amended by Chapter 60 of the Private Acts of
107	107	2014, and any other acts amendatory thereto, is amended in Article II, Section 2.01 by adding
108	108	the following new language as the last paragraph of the section:
109	109	No person shall be eligible for the offices of Mayor or Alderman, unless he or she
110	110	is a qualified voter of said town or ward, and shall have resided within the corporate
111	111	limits thereof, at least twenty-four (24) months continuously prior to his/her election. The
112	112	general qualifications of persons permitted to hold public office are set out in Tennessee
113	113	Code Annotated, Title 8, Chapter 18. All persons who are eligible for the offices of
114	114	Mayor or Alderman must be:
115	115	(1) At least eighteen (18) years of age;
116	116	(2) A citizen of the United States;
117	117	(3) A citizen of this state;
118	118	(4) An inhabitant of the state, county, district, or circuit for the period
119	119	required by the constitution and laws of the state; and
120	120	(5) A resident of the City of Erin for at least two (2) years.
121	121	The following persons are ineligible to hold the offices of Mayor or Alderman:
122	122	(1) Those who have been convicted of offering or giving a bribe, or of
123	123	larceny, or any other offense declared infamous by law, unless restored to
124	124	citizenship in the mode pointed out by law;
125	125	(2) Those against whom there is a judgment unpaid for any moneys
126	126	received by them, in any official capacity, due to the United States, to this state,
127	127	or any county thereof;
128	128	(3) Who are defaulters to the treasury at the time of the election, and the
129	129	election of any such person to office shall be void;
130	130	(4) Soldiers, seamen, marines, or airmen in the regular army or navy or
131	131	air force of the United States;
132	132
133	133
134	134	- 5 - 000895
135	135
136	136	(5) Members of Congress, and persons holding any office of profit or
137	137	trust under any foreign power, other state of the union, or under the United
138	138	States; and
139	139	(6) Those who have not been a resident of the City of Erin for at least two
140	140	(2) years prior to his or her election.
141	141	SECTION 16. Chapter 403 of the Private Acts of 1951, as amended and rewritten by
142	142	Chapter 94 of the Private Acts of 2004, and any other acts amendatory thereto, is amended in
143	143	Article II, Section 2.02 by deleting the language "All person" in the first line of the section and
144	144	substituting instead "All persons"; and by deleting the language "or considered an eligible
145	145	elector" and substituting instead "or non-residents who are considered eligible electors".
146	146	SECTION 17. Chapter 403 of the Private Acts of 1951, as amended and rewritten by
147	147	Chapter 94 of the Private Acts of 2004, and any other acts amendatory thereto, is amended in
148	148	Article II, Section 2.03 by deleting the language "The Board shall be the final judge of the
149	149	election and qualifications of its members."; and by deleting the language "twelve (12) hours"
150	150	and substituting instead "forty-eight (48) hours".
151	151	SECTION 18. Chapter 403 of the Private Acts of 1951, as amended and rewritten by
152	152	Chapter 94 of the Private Acts of 2004, and any other acts amendatory thereto, is amended in
153	153	Article II, Section 2.05 by deleting subdivision (f).
154	154	SECTION 19. Chapter 403 of the Private Acts of 1951, as amended and rewritten by
155	155	Chapter 94 of the Private Acts of 2004, and any other acts amendatory thereto, is amended in
156	156	Article II, Section 2.06, by deleting the language "the mayor shall designate an alderman" and
157	157	substituting instead "the Board of Mayor and Aldermen shall appoint an alderman".
158	158	SECTION 20. Chapter 403 of the Private Acts of 1951, as amended and rewritten by
159	159	Chapter 94 of the Private Acts of 2004, and any other acts amendatory thereto, is amended in
160	160	Article II, Section 2.07 by deleting the second sentence from the section and substituting
161	161	instead:
162	162
163	163
164	164	- 6 - 000895
165	165
166	166	Also, a vacancy shall exist if the mayor or an alderman moves his or her residence from
167	167	the city, is convicted of malfeasance or misfeasance in office, a felony, or is removed
168	168	from office pursuant to the ouster provisions of general law found in Tennessee Code
169	169	Annotated, Title 8, Chapter 47.
170	170	SECTION 21. Chapter 403 of the Private Acts of 1951, as amended and rewritten by
171	171	Chapter 94 of the Private Acts of 2004, and any other acts amendatory thereto, is amended in
172	172	Article II, Section 2.08 by deleting the second sentence of the section and substituting instead
173	173	"The Board shall deal with the various agencies, officers, and employees of the city, and shall
174	174	not give orders to any subordinates of the mayor, either publicly or privately."; and by deleting
175	175	the last sentence of the section and substituting instead "City of Erin employees shall not serve
176	176	as Aldermen.".
177	177	SECTION 22. Chapter 403 of the Private Acts of 1951, as amended and rewritten by
178	178	Chapter 94 of the Private Acts of 2004, and any other acts amendatory thereto, is amended in
179	179	Article II, Section 2.10 by deleting in the second-to-last sentence of the section the language
180	180	"Amendments or ordinances and resolutions or parts thereof" and substituting instead
181	181	"Amendments of ordinances and resolutions or parts thereof".
182	182	SECTION 23. Chapter 403 of the Private Acts of 1951, as amended and rewritten by
183	183	Chapter 94 of the Private Acts of 2004, Chapter 82 of the Private Acts of 2006, and any other
184	184	acts amendatory thereto, is amended in Article III, Section 3.02(a) by deleting in the second-to-
185	185	last sentence of the subsection the language "under a pay plan applying uniformly to all such
186	186	officers", and by placing a period after the word "ordinances".
187	187	SECTION 24. Chapter 403 of the Private Acts of 1951, as amended and rewritten by
188	188	Chapter 94 of the Private Acts of 2004, and any other acts amendatory thereto, is amended in
189	189	Article III, Section 3.03 by deleting the section and substituting instead:
190	190	Section 3.03. Recorder. The Board of Mayor and Aldermen shall appoint a city
191	191	recorder, who also may be appointed to the position of treasurer. The recorder shall
192	192	serve for an indefinite term at the pleasure of the Board. The recorder or the recorder's
193	193
194	194
195	195	- 7 - 000895
196	196
197	197	designee shall be responsible for keeping and preserving the city seal and all records of
198	198	the corporation; attending meetings of the Board and keeping a journal of its
199	199	proceedings at such meetings, including the names of members present and absent, the
200	200	vote of each member on each question, each motion considered, and the title of each
201	201	resolution or ordinance considered; and preparing and certifying copies of official
202	202	records in the recorder's office, for which fees may be prescribed by ordinance. The
203	203	recorder or the recorder's designee shall issue all privilege licenses and collect taxes on
204	204	the same and shall collect all ad valorem and special taxes levied by the Board. The
205	205	recorder or the recorder's designee shall have and perform such other duties as may be
206	206	required by the mayor or the Board not in conflict with the provisions of this charter or
207	207	laws of the state.
208	208	SECTION 25. Chapter 403 of the Private Acts of 1951, as amended and rewritten by
209	209	Chapter 94 of the Private Acts of 2004, and any other acts amendatory thereto, is amended in
210	210	Article III, Section 3.04 by deleting the second paragraph and substituting instead:
211	211	The treasurer shall make and present quarterly, or more frequently if the Board demands
212	212	it, a full and explicit report of all moneys and disbursement of the same, that have come
213	213	into the city's hands.
214	214	SECTION 26. Chapter 403 of the Private Acts of 1951, as amended and rewritten by
215	215	Chapter 94 of the Private Acts of 2004, and any other acts amendatory thereto, is amended in
216	216	Article III, Section 3.05 by deleting the first sentence of the section and substituting instead:
217	217	The Board of Mayor and Aldermen shall appoint a city attorney who shall serve at the
218	218	pleasure of the Board, who shall be an attorney at law, entitled to practice law in the
219	219	courts of the state of Tennessee.
220	220	SECTION 27. Chapter 403 of the Private Acts of 1951, as amended and rewritten by
221	221	Chapter 94 of the Private Acts of 2004, Chapter 60 of the Private Acts of 2014, and any other
222	222	acts amendatory thereto, is amended in Article III, Section 3.07 by deleting the section and
223	223	substituting instead the following:
224	224
225	225
226	226	- 8 - 000895
227	227
228	228	Section 3.07. City judge. The Board of Mayor and Aldermen shall appoint a city
229	229	judge that serves at the pleasure of the Board. The city judge shall recuse himself or
230	230	herself from a case in which he or she is interested, he or she is related to the defendant
231	231	by blood or by marriage within the third degree, or for any reason he or she believes that
232	232	he or she will be prejudiced, and such a case, as well as cases, during the absence or
233	233	disability of the city judge, shall be heard and decided by an acting city judge appointed
234	234	by the Board of Mayor and Aldermen. The Board of Mayor and Aldermen may remove
235	235	the acting city judge at any time without cause. The compensation of the city judge or
236	236	an acting city judge shall be fixed by ordinance.
237	237	SECTION 28. Chapter 403 of the Private Acts of 1951, as amended and rewritten by
238	238	Chapter 94 of the Private Acts of 2004, and any other acts amendatory thereto, is amended in
239	239	Article III, Section 3.11 by deleting the last sentence of the section and substituting instead:
240	240	All such bonds shall be kept in the custody of the recorder, and said recorder shall file
241	241	said bonds in a fireproof safe for safekeeping, subject at all times to the Board's
242	242	inspection.
243	243	SECTION 29. Chapter 403 of the Private Acts of 1951, as amended and rewritten by
244	244	Chapter 94 of the Private Acts of 2004, and any other acts amendatory thereto, is amended in
245	245	Article III, Section 3.12 by deleting the section and substituting instead the following:
246	246	Section 3.12. Officers and employees not to profit from connections with city.
247	247	No member of the governing body, Board of Zoning Appeals, Planning Commission, nor
248	248	employee of the city shall profit personally, directly, or indirectly, from any contract,
249	249	purchase, sale, or service between the city government and any person or company, nor
250	250	shall any officer or employee accept any free or preferred service, benefits, or
251	251	concessions from any person or company. This charter incorporates Tennessee Code
252	252	Annotated, Sections 12-04-101 and 6-54-107, by reference.
253	253	SECTION 30. Chapter 403 of the Private Acts of 1951, as amended and rewritten by
254	254	Chapter 94 of the Private Acts of 2004, and any other acts amendatory thereto, is amended in
255	255
256	256
257	257	- 9 - 000895
258	258
259	259	Article IV, Section 4.02 by adding the language " or surplus " immediately after the language
260	260	"The Board may sell any city property".
261	261	SECTION 31. Chapter 403 of the Private Acts of 1951, as amended and rewritten by
262	262	Chapter 94 of the Private Acts of 2004, and any other acts amendatory thereto, is amended in
263	263	Article IV, Section 4.03 by deleting the section and substituting instead:
264	264	Section 4.03. Property taxes. All property subject to taxation for state or county
265	265	purposes may be subject to the property tax levied by the city.
266	266	SECTION 32. Chapter 403 of the Private Acts of 1951, as amended and rewritten by
267	267	Chapter 94 of the Private Acts of 2004, and any other acts amendatory thereto, is amended in
268	268	Article IV, Section 4.04 by deleting the section and substituting instead:
269	269	Section 4.04. Property tax levy. The Board of Mayor and Aldermen shall make a
270	270	tax levy, expressed as a fixed rate per one hundred dollars ($100) of assessed
271	271	valuation, and if no tax levy is made within ninety (90) days prior to the tax due date, the
272	272	property tax rate in effect the last fiscal year shall continue in effect as the tax rate for the
273	273	new fiscal year.
274	274	SECTION 33. Chapter 403 of the Private Acts of 1951, as amended and rewritten by
275	275	Chapter 94 of the Private Acts of 2004, and any other acts amendatory thereto, is amended in
276	276	Article IV, Section 4.05 by adding the language " for each month " immediately after the
277	277	language "penalty of three percent (3%) shall be added".
278	278	SECTION 34. Chapter 403 of the Private Acts of 1951, as amended and rewritten by
279	279	Chapter 94 of the Private Acts of 2004, and any other acts amendatory thereto, is amended in
280	280	Article IV, Section 4.07 by deleting the language "or after the due date of each installment if paid
281	281	on an installment basis"; and by adding the language " per month " immediately after the
282	282	language "subject to a penalty of three percent (3%)".
283	283	SECTION 35. Chapter 403 of the Private Acts of 1951, as amended and rewritten by
284	284	Chapter 94 of the Private Acts of 2004, Chapter 60 of the Private Acts of 2014, and any other
285	285	acts amendatory thereto, is amended in Article IV, Section 4.08 by deleting the language "two
286	286
287	287
288	288	- 10 - 000895
289	289
290	290	thousand five hundred dollars ($2,500)" and substituting instead "five thousand dollars ($5,000)
291	291	not previously budgeted and approved by ordinance".
292	292	SECTION 36. Chapter 403 of the Private Acts of 1951, as amended and rewritten by
293	293	Chapter 94 of the Private Acts of 2004, and any other acts amendatory thereto, is amended in
294	294	Article IV, Section 4.09 by deleting the section and substituting instead:
295	295	Section 4.09. Official depository. The Board of Mayor and Aldermen may select,
296	296	in accordance with state law, an official depository or depositories for depositing and
297	297	safekeeping of the funds of the city, and may require such collateral security as it deems
298	298	necessary.
299	299	SECTION 37. This act shall have no effect unless it is approved by a two-thirds (2/3)
300	300	vote of the legislative body of the City of Erin. Its approval or nonapproval shall be proclaimed
301	301	by the presiding officer of the legislative body and certified to the secretary of state.
302	302	SECTION 38. For the purpose of approving or rejecting the provisions of this act, it shall
303	303	be effective upon becoming a law, the public welfare requiring it. For all other purposes, it shall
304	304	become effective as provided in Section 37.