Private Acts of 1998 Chapter 104

SECTION 1. Effective September 1, 1998, Chapter 34 of the Private Acts of 1973, as amended by Chapter 105 of the Private Acts of 1975, Chapter 222 of the Private Acts of 1976 and Chapter 65 of the Private Acts of 1979 is repealed.

SECTION 2. In the regular August election in 1998, the qualified voters of Sevier County shall elect two (2) general sessions court judges to serve as the judges of Part I and Part II of the General Sessions Court of Sevier County. Except as provided herein with respect to jurisdiction, the General Sessions Court of Sevier County shall be governed by Tennessee Code Annotated, Title 16, Chapter 15.

SECTION 3. In addition to the jurisdiction established by general law over civil and criminal matters, the General Sessions Court of Sevier County shall have jurisdiction over probate and juvenile matters.

SECTION 4.

(a) At the regular August election in 2002 and every four (4) years thereafter, the qualified voters of Sevier County shall elect a General Sessions Court Clerk. The General Sessions Court Clerk shall take office on September 1 immediately following the election and shall serve a term of four (4) years and until a successor is elected and qualified. Before entering into the duties of the office, the General Sessions Court Clerk shall take an oath of office and post an official bond in the same manner as provided by general law for the clerk of the circuit court. The General Sessions Court Clerk shall perform all clerking duties relative to the General Sessions Court of Sevier County, including all matters within the jurisdiction of said court, except duties relative to the probate of wills and administration of decedent’s estates. The compensation of the General Sessions Court Clerk shall be determined according to general law.

(b) Clerking duties relative to the jurisdiction of the General Sessions Court of Sevier County over the probate of wills and administration of decedent’s estates shall continue to be performed by the County Clerk of Sevier County.

(c) All records of the General Sessions Court of Sevier County, other than records pertaining to the probate of wills and administration of decedent’s estates, shall be transferred to the custody of the General Sessions Court Clerk as soon as is practical after the approval of this act.

SECTION 5. This act shall have no effect unless it is approved by a two-thirds (2/3) vote of the legislative body of Sevier County. Its approval or nonapproval shall be proclaimed by the presiding officer of the county legislative body and certified to the Secretary of State.

SECTION 6. For the purpose of approving or rejecting the provisions of this act, it shall be effective upon becoming a law, the public welfare requiring it. For the purpose of authorizing candidates to qualify and run for election for the two parts of the General Sessions Court of Sevier County in the 1998 regular August election, this act shall take effect upon approval as provided in Section 4. For all other purposes, this act shall take effect September 1, 1998.

Passed: February 5, 1998.