County raises litigation tax to help fund jail expansion

By Gary Nelson / gnelson@crossville-chronicle.com

September 23, 2008 06:02 pm

— Going to court is going to cost more. Commissioners hope expanding the jail is going to cost the county less.
The cost of litigation tax per court case in Cumberland County will increase from $10 to $50 after the Cumberland County Commission unanimously approved raising the tax in an effort to help fund the expansion of the Justice Center.
A recent public act in 2008 approved by the state of Tennessee amends Tennessee Code Annotated 67-4-601(b) to authorize counties in Tennessee to approve by a two-thrids majority of its legislative body to levy a local privilege tax not in excess of $50 on litigation (court cases) in all civil and criminal cases instituted in the county.
"This is something we learned about earlier in the year and in light of all the expense involved in the Justice Center expansion, it sounds like an avenue we should approach to help offset the cost of funding it," 3rd District Commissioner Lynn Tollett said at a recent budget committee meeting.
The increase will begin on court cases in the county Oct. 1. The law requires the funds collected from this tax to be used solely or exclusively for the purpose of jail or workhouse construction, re-construction or upgrading, or to retire debt, including principal and interest and related expenses on such construction, re-construction or upgrading for courthouse renovation, except that up to $25 per case may be used for courthouse security.
The motion to increase the litigation tax was made by 9th District Commissioner Carmin Lynch and was supported by 4th District Commissioner David Gibson.
The resolution seeking the increase was sponsored by 5th District Commissioner Sharon York.