Terms Used In Tennessee Code > Title 4 > Chapter 42 - Sanctuary Policies Prohibited

• Aesthetic plan: means any publicly available written resolution, regulation, policy, site plan, or approved plat establishing generally applicable aesthetic requirements within the authority or designated area within the authority. See Tennessee Code 13-24-402
• Ag Fiber Technology: means a unique public/private sector coalition organized by Agro-Tech Communications of Memphis, Tennessee and based at Agricenter International in Memphis, Tennessee. See Tennessee Code 43-37-102
• Agricultural biomass: means crop residues from commodity crops such as wheat, corn, cotton and new crops such as switchgrass. See Tennessee Code 43-37-102
• Agricultural district: means those properties residing within a contiguous boundary and meeting appropriate criteria for designation as such by the local soil conservation district. See Tennessee Code 43-34-103
• Agricultural production: means those operations including associated land and facility management activities engaged in the commercial propagation, raising, harvesting and/or processing of any plant or animal or products thereof for purposes of consumption, utilization, goods, or service either on-site or for distribution. See Tennessee Code 43-34-103
• Agriculture: means :
  1. The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105
  2. Allegation: something that someone says happened.
  3. Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  4. Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  5. Applicant: means any person who submits an application pursuant to this part. See Tennessee Code 13-24-402
  6. Application: means a request submitted by an applicant to an authority:
     
     
     1. For a permit to deploy or colocate small wireless facilities in the ROW. See Tennessee Code 13-24-402
     2. Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
     3. Authority: means :
        1. Within a municipal boundary, the municipality, regardless of whether such municipality is a metropolitan government. See Tennessee Code 13-24-402
        2. Bioenergy initiative: means a national partnership coordinated by the United States department of energy to develop an integrated industry to produce power, fuel and chemicals from sources including agricultural biomass. See Tennessee Code 43-37-102
        3. Board of supervisors: means the governing body of the local soil conservation district. See Tennessee Code 43-34-103
        4. Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
        5. Communications facility: means the set of equipment and network components, including wires and cables and associated facilities, used by a communications service provider to provide communications service. See Tennessee Code 13-24-402
        6. Communications service: means cable service as defined in 47 U. See Tennessee Code 13-24-402
        7. Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
        8. Contract: A legal written agreement that becomes binding when signed.
        9. Conviction: A judgement of guilt against a criminal defendant.
        10. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
        11. Counterclaim: A claim that a defendant makes against a plaintiff.
        12. County mayor: means and includes "county executive" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
        13. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
        14. Devise: To gift property by will.
        15. Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
        16. Escrow: Money given to a third party to be held for payment until certain conditions are met.
        17. Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
        18. Farmland: means land and associated facilities involved in agricultural production activities. See Tennessee Code 43-34-103
        19. Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
        20. Fraud: Intentional deception resulting in injury to another.
        21. Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
        22. Highway: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
        23. Historic district: means a property or area zoned as a historic district or zone pursuant to §. See Tennessee Code 13-24-402
        24. Housing trust fund: means a fund consisting of appropriations, reserves or dedications of any revenues except pension or retirement funds by a participating unit or units of local government, together with private and foundation sources of funds, all used for providing low income persons with safe and affordable housing. See Tennessee Code 13-23-502
        25. Industrial utilization: means the products and processes that utilize agricultural materials in non-food, non-feed commercial products. See Tennessee Code 43-37-102
        26. Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
        27. Joint resolution: A legislative measure which requires the approval of both chambers.
        28. Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
        29. Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
        30. Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
        31. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
        32. Local authority: means an authority that is either a municipality, regardless of whether the municipality is a metropolitan government, or a county, and does not include an authority that is the state. See Tennessee Code 13-24-402
        33. Low income: means qualified persons or families who lack the amount of income which is necessary, as determined by the approved entity, to enable them without low interest financial assistance, to live in decent, safe and affordable dwellings without overcrowding. See Tennessee Code 13-23-502
        34. Micro wireless facility: means a small wireless facility that:
            
            
            1. Does not exceed twenty-four inches (24") in length, fifteen inches (15") in width, and twelve inches (12") in height. See Tennessee Code 13-24-402
            2. new PSS: means a PSS that does not exist at the time the application is submitted, including, but not limited to, a PSS that will replace an existing pole. See Tennessee Code 13-24-402
            3. Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
            4. Official: means an agent, employee, member, or representative of a state governmental entity, but does not mean the attorney general and reporter. See Tennessee Code 4-42-102
            5. Oversight: Committee review of the activities of a Federal agency or program.
            6. Ownership: means any individual, family, company, corporation, or organization holding title to property within a proposed or established agricultural district. See Tennessee Code 43-34-103
            7. Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
            8. Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
            9. Person: means an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including an authority. See Tennessee Code 13-24-402
            10. Petition: means the application and application process for designation of an agricultural district as submitted to the local soil conservation district. See Tennessee Code 43-34-103
            11. Probable cause: A reasonable ground for belief that the offender violated a specific law.
            12. Property: includes both personal and real property. See Tennessee Code 1-3-105
            13. PSS: means a pole or other structure used for wireline communications, electric distribution, lighting, traffic control, signage, or a similar function, including poles installed solely for the colocation of a small wireless facility. See Tennessee Code 13-24-402
            14. Quorum: The number of legislators that must be present to do business.
            15. Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
            16. Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
            17. Remand: When an appellate court sends a case back to a lower court for further proceedings.
            18. Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
            19. Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
            20. Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
            21. Residential dwelling: as used in this part , does not apply to factory-manufactured mobile homes constructed as a single self-contained unit and mounted on a single chassis, and as further defined in §. See Tennessee Code 13-24-201
            22. ROW: means the space, in, upon, above, along, across, and over all public streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skywalks under the control of the authority, and any unrestricted public utility easement established, dedicated, platted, improved, or devoted for utility purposes and accepted as such public utility easement by the authority, but excluding lands other than streets that are owned by the authority. See Tennessee Code 13-24-402
            23. Sanctuary policy: means any directive, order, ordinance, resolution, practice, or policy, whether formally enacted, informally adopted, or otherwise effectuated, that:
                
                
                1. Limits or prohibits any state governmental entity or official from communicating or cooperating with federal agencies or officials to verify or report the immigration status of any alien. See Tennessee Code 4-42-102
                2. Service of process: The service of writs or summonses to the appropriate party.
                3. Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
                4. Small wireless facility: includes a micro wireless facility. See Tennessee Code 13-24-402
                5. Soil conservation district: means that governmental body established by chapter 14, part 2, of this title. See Tennessee Code 43-34-103
                6. State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
                7. State governmental entity: means any state agency, bureau, commission, council, department, law enforcement agency, or unit thereof, but does not mean the office of the attorney general and reporter. See Tennessee Code 4-42-102
                8. State soil conservation committee: means that governmental body established by chapter 14, part 2, of this title. See Tennessee Code 43-34-103
                9. Statute: A law passed by a legislature.
                10. Subpoena: A command to a witness to appear and give testimony.
                11. Summons: Another word for subpoena used by the criminal justice system.
                12. Testimony: Evidence presented orally by witnesses during trials or before grand juries.
                13. Unit or units of local government: means any city or county, separately or together, that sets up a program to establish a housing trust fund. See Tennessee Code 13-23-502
                14. United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
                15. Wireless facility: includes small wireless facilities. See Tennessee Code 13-24-402
                16. Wireless provider: means a person who provides wireless service. See Tennessee Code 13-24-402
                17. Wireless services: means any service using licensed or unlicensed spectrum, including the use of WiFi, whether at a fixed location or mobile, provided to the public. See Tennessee Code 13-24-402
                18. Writ: A formal written command, issued from the court, requiring the performance of a specific act.
                19. written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
                20. Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105