Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB1458 Compare Versions

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

Old	New	Differences
1	1
2	2	HOUSE BILL 1435
3	3	By Gant
4	4
5	5	SENATE BILL 1458
6	6	By Walley
7	7
8	8
9	9	SB1458
10	10	004615
11	11	- 1 -
12	12
13	13	AN ACT to amend Chapter 167 of the Private Acts of 1994; as
14	14	amended by Chapter 39 of the Private Acts of 2020;
15	15	Chapter 52 of the Private Acts of 2022 and Chapter 30 of
16	16	the Private Acts of 2023; and any other acts amendatory
17	17	thereto, relative to Town of Oakland.
18	18
19	19	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
20	20	SECTION 1. Chapter 167 of the Private Acts of 1994, as amended by Chapter 39 of the
21	21	Private Acts of 2020 and any other acts amendatory thereto, is amended in Section 5 by
22	22	deleting the Section in its entirety and by substituting instead the following:
23	23	SECTION 5.
24	24	1. Be it further enacted that beginning in 2020, a non-partisan election
25	25	shall be held on the first (1st) Tuesday after the first (1st) Monday in November of
26	26	every even-numbered year concurrent with the regular election to elect a Board
27	27	of Mayor and Aldermen. Terms of office for the Mayor and Aldermen shall begin
28	28	upon their swearing in on the first business day of the month next succeeding the
29	29	month of their election, provided election results by the County Election
30	30	Commission are certified.
31	31	2. It is the intent of this subsection to designate the existing five (5)
32	32	aldermanic positions as positions one (1) through five (5). In filing for election,
33	33	any candidate for Alderman shall select and identify the position sought. The
34	34	Mayor and Aldermen shall be elected from the Town at large and one (1)
35	35	Alderman shall be elected to each position. The candidate receiving the highest
36	36	number of votes in an election for each designated position shall be declared
37	37	elected as Mayor or Alderman. In the event of a tie vote in any Mayor or
38	38	Alderman's election, the incumbent board shall decide by majority vote which of
39	39	the candidates shall serve.
40	40
41	41
42	42	- 2 - 004615
43	43
44	44	3. On the first (1st) Tuesday after the first (1st) Monday in November
45	45	2026, there shall be elected three (3) of the Town's five (5) aldermen which shall
46	46	be held for aldermen's positions one (1), two (2), and three (3). Persons elected
47	47	on that date shall serve for a term of four (4) years. On the first (1st) Tuesday
48	48	after the first (1st) Monday in November 2028, elections shall be held for the
49	49	position of Mayor and Aldermen's positions four (4) and five (5). Persons elected
50	50	on that date shall serve terms of four (4) years. Such staggered elections shall
51	51	continue thereafter. The Mayor and any Alderman shall be eligible for reelection
52	52	provided they continue to meet all requirements for those offices.
53	53	4. If according to the 2020 federal census or any subsequent census, the
54	54	population of the Town is eighteen thousand (18,000) or more, the Board shall
55	55	have the option to increase the number of aldermen to six (6) by ordinance. After
56	56	the adoption of such an ordinance, in the next regular Town election, voters shall
57	57	be entitled to vote for three (3) aldermen, or four (4) aldermen, as the case may
58	58	be; however, if there is a new aldermanic position created, such newly created
59	59	aldermanic position shall be designated as position six (6).
60	60	5. Nothing in this Section 5 shall be construed to remove any incumbent
61	61	from office or abridge the term of any incumbent prior to the end of the term for
62	62	which an elected official was selected.
63	63	6. Before a person takes any office in the Town government, he shall
64	64	subscribe to the following oath or affirmation: "I solemnly swear (or affirm) that I
65	65	will support the Constitution and will obey the laws of the United States and of
66	66	the State of Tennessee, that I will, in all respects, observe the provisions of the
67	67	Charter and ordinances of the Town of Oakland, and that I will faithfully
68	68	discharge the duties of the office of _ _ _ _ _ _.
69	69	7. Any qualified elector who has been a resident of the Town for at least
70	70	one (1) year may be qualified as a candidate for Mayor or Alderman.
71	71
72	72
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74	74
75	75	SECTION 2. Chapter 167 of the Private Acts of 1994, as amended by Chapter 39 of the
76	76	Private Acts of 2020, Chapter 30 of the Private Acts of 2023, and any other acts amendatory
77	77	thereto, is amended in Section 7 by deleting subsection 2 in its entirety, and by substituting
78	78	instead the following:
79	79	2. The compensation of the Mayor and Aldermen shall be set by ordinance, but
80	80	the salary of the Mayor or any Alderman shall not be changed during their term of office.
81	81	Compensation for all outgoing elected officials shall be paid through the end of the
82	82	month during which the election is held. All newly elected officials shall be compensated
83	83	beginning the first (1st) day of the month next succeeding the month of their election.
84	84	The Mayor, Aldermen, and Town Attorney may be reimbursed for actual and necessary
85	85	expenses incurred in the conduct of their official duties.
86	86	SECTION 3. Nothing in this act shall be construed to remove any incumbent from office,
87	87	abridge the term of any incumbent, or alter the salary of any incumbent prior to the end of the
88	88	term for which such elected official was selected, as prescribed in Article XI, Section 9 of the
89	89	Constitution of the State of Tennessee.
90	90	SECTION 4. This act shall have no effect unless it is approved by a two-thirds (2/3) vote
91	91	of the legislative body of the Town of Oakland. Its approval or non-approval shall be proclaimed
92	92	by the presiding officer of the legislative body of the Town of Oakland and certified by him to the
93	93	secretary of state.
94	94	SECTION 5. For the purpose of approving or rejecting the provisions of this act, it shall
95	95	be effective upon becoming law, the public welfare requiring it. For all other purposes, it shall
96	96	become effective upon being approved as provided in Section 4.