Tennessee § 4-38-104 - Request for moratorium.
Full text of Tennessee Tennessee Code Annotated § 4-38-104 — Request for moratorium., with citation guidance and answers to common questions.
§ 4-38-104. Request for moratorium.
Based on the factors in § 4-38-102(1), upon the adoption of a resolution the legislative body of a local government may request a moratorium on new refugee resettlement activities, documenting that the host community lacks absorptive capacity and that further resettlement of refugees in the host community would result in an adverse impact to existing residents. Such resolution shall be forwarded to the Tennessee office for refugees for appropriate action pursuant to subsection (b). The Tennessee office for refugees shall accept and may forward to the United States state department, the request from a local government for a moratorium on new refugee resettlement activities in a host community which lacks absorptive capacity. The United States state department may thereafter implement the request for a moratorium. Upon notice of a determination made pursuant to this section, the United States state department may thereafter suspend additional resettlement of refugees in that community, until the state refugee coordinator and the local government have jointly determined that absorptive capacity for refugee resettlement exists to implement any further refugee resettlement activities in the host community. The period of validity of a moratorium described in subsection (c) or any extension thereof, shall not exceed one (1) year. Acts 2011, ch. 316, § 4. Compiler's Notes. For the preamble to the act creating the Refugee Absorptive Capacity Act, please refer to Acts 2011, ch. 316. Attorney General Opinions. The legislative branch or the executive branch of the State of Tennessee may not refuse to accept for resettlement within the State individuals whom the federal government has processed and admitted to the United States as refugees. OAG 15-77, 2015 Tenn. AG LEXIS 78 (11/30/2015).
Frequently Asked Questions About Tennessee § 4-38-104
What does Tennessee Code Annotated § 4-38-104 cover?
Section 4-38-104 ("Request for moratorium.") is part of the Tennessee Code Annotated, the codified statutory law of Tennessee. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Tennessee § 4-38-104?
A common citation format is "Tennessee Code Annotated § 4-38-104" (Tennessee). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Tennessee law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Tennessee official source linked on this page or consult a licensed Tennessee attorney.
How does Tennessee § 4-38-104 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Tennessee can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Tennessee.