ORDINANCE NO. O99-1805
An ordinance ratifying Tennessee Code Annotated, Section 39-11-701, et seq., and authorizing the receipt and distribution of funds derived from property forfeitures under that section.
Whereas, the Tennessee legislature has provided for the forfeiture of profits and proceeds acquired as a result of criminal activity by enacting Tennessee Code Annotated, Section 39-11-701, et seq., which directs that any property acquired in violation of any statute is subject to judicial forfeiture; and
Whereas, Tennessee Code Annotated, Section 39-11-713, authorizes local governments to receive and distribute proceeds from forfeited property sold at public auction upon ratification of Title 39, Chapter 11, by ordinance or resolution, and a designation of how funds generated under the section are to be distributed; and
Whereas, it is deemed to be in the best interest of The Metropolitan Government of Nashville and Davidson County and its citizens to ratify the statute and provide for the distribution of funds generated from the sale of forfeited property.
Now, therefore, be it enacted by the Council of The Metropolitan Government of Nashville and Davidson County:
Section 1: That Tennessee Code Annotated, Section 39-11-701, et seq., is ratified and adopted in full.
Section 2: That the Metropolitan Nashville and Davidson County Police Department, the District Attorney, judicial task forces, and any other agency of The Metropolitan Government of Nashville and Davidson County, authorized by the Attorney General to participate in investigations, shall be authorized to seize property in accordance with the provisions of those statutes, to dispose of property ordered forfeit at auction, and receive the funds generated therefrom.
Section 3: That funds derived from the auction of property ordered forfeit under the provisions of those statutes shall be used for law enforcement and shall be distributed as follows:
(a) Funds shall first be used to reimburse the administrative costs to the seizing agency of the sale of the property, including advertising, auctioneer fees, and other costs directly related to the sale of the property.
(b) Funds shall then be distributed among those agencies participating in the investigation leading to the seizure and forfeiture of the funds in accordance with their proportionate participation in such investigation.
(c) Fund so distributed shall be deposited into a separate fund created for that purpose for use in law enforcement.
(d) Accounting procedures for the financial administration of such funds shall be in keeping with those prescribed by the Tennessee Comptroller of the Treasury.
Section 4: That 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: Leo Waters
|Introduced:||July 20, 1999|
|Passed First Reading:||July 20, 1999|
|Referred to:||Budget & Finance Committee|
|Passed Second Reading:||August 3, 1999|
|Passed Third Reading:||August 17, 1999|
|Approved:||August 20, 1999|