ORDINANCE NO. BL2012-160

An ordinance amending Section 5.16.060 of the Metropolitan Code to levy an additional One Dollar ($1.00) litigation tax on all cases in the general sessions and juvenile courts to fund centers that handle victim-offender mediation and other community mediation matters, and to provide that all funds collected be deposited into the Metropolitan general fund and be administered by the Finance Department.

WHEREAS, Substitute Ordinance No. BL2004-179 authorized the levying of a $1.00 litigation tax on all cases in the general sessions and juvenile courts to provide funds for victim-offender mediation services in accordance with T.C.A. § 16-20-106; and

WHEREAS, in accordance with T.C.A. § 16-20-106(c)(2), Section 5.16.060 of the Metropolitan Code was amended by Ordinance No. BL2011-2 to allow this litigation tax to be used for the purpose of handling other community mediation matters in addition to victim-offender mediation; and

WHEREAS, T.C.A. § 16-20-106 was recently amended by the Tennessee General Assembly pursuant to HB3826/SB3743 to authorize counties levying the victim-offender mediation tax to increase the amount of the tax by one dollar ($1.00) for a total of two dollars ($2.00) per case upon approval of the county legislative body by a two-thirds majority vote; and

WHEREAS, it is in the best interest of the citizens of the Metropolitan Government of Nashville and Davidson County that the Metropolitan Code section authorizing the collection of this $1.00 litigation tax be amended to increase the amount of the tax by $1.00 for the purpose of funding victim-offender mediation and other community mediation matters.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That Section 5.16.060 of the Metropolitan Code is hereby amended by deleting subsection D. in its entirety and substituting with the following new subsection D.:

D. A two dollar tax on litigation shall be collected on all cases in matters before the general sessions courts and the juvenile court of the metropolitan government. Such tax shall be taxed as part of the costs of the cause, and in no case shall be remitted. The tax collected by the clerk of the court shall be deposited in the general fund of the general services district. All revenue generated under this litigation tax shall be used exclusively to support victim-offender mediation center(s) operating within the area of metropolitan government organized under the provisions of Title 16, Chapter 20 of the Tennessee Code Annotated (T.C.A. § 16-20-101 et seq.) that handle victim-offender mediation and other community mediation matters. Such revenue shall be appropriated by the metropolitan council as part of the operating budget ordinance or by resolution, and shall be distributed on a monthly basis pursuant to T.C.A. § 16-20-106.

Section 2. This Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Ronnie Steine

LEGISLATIVE HISTORY
Introduced:	May 15, 2012
Passed First Reading:	May 15, 2012
Referred to:	Budget & Finance Committee
Passed Second Reading:	June 5, 2012
Passed Third Reading:	June 12, 2012
Approved:	June 13, 2012
By: