1 | 1 | | |
---|
2 | 2 | | SENATE BILL 697 |
---|
3 | 3 | | By Kyle |
---|
4 | 4 | | |
---|
5 | 5 | | HOUSE BILL 993 |
---|
6 | 6 | | By Hardaway |
---|
7 | 7 | | |
---|
8 | 8 | | |
---|
9 | 9 | | HB0993 |
---|
10 | 10 | | 002760 |
---|
11 | 11 | | - 1 - |
---|
12 | 12 | | |
---|
13 | 13 | | AN ACT to amend Tennessee Code Annotated, Title 7, |
---|
14 | 14 | | Chapter 53, relative to industrial development |
---|
15 | 15 | | corporations. |
---|
16 | 16 | | |
---|
17 | 17 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
---|
18 | 18 | | SECTION 1. Tennessee Code Annotated, Section 7-53-301(a), is amended by deleting |
---|
19 | 19 | | the subsection and substituting: |
---|
20 | 20 | | (a) |
---|
21 | 21 | | (1) The corporation shall have a board of directors in which all powers of |
---|
22 | 22 | | the corporation are vested. The board of directors are elected by the governing |
---|
23 | 23 | | body of the municipality and must consist of at least seven (7) members. |
---|
24 | 24 | | (2) |
---|
25 | 25 | | (A) One (1) member elected under subdivision (a)(1) must be the |
---|
26 | 26 | | assessor of property of the county that is a party to the corporation and |
---|
27 | 27 | | one (1) member must be the county trustee or deputy trustee of such |
---|
28 | 28 | | county, both of whom serve as ex officio non-voting members. |
---|
29 | 29 | | (B) Notwithstanding subdivision (a)(3), the terms of members |
---|
30 | 30 | | appointed to boards under subdivision (a)(2)(A) shall serve concurrently |
---|
31 | 31 | | with the term of each of their respective offices. |
---|
32 | 32 | | (C) A director must not be an employee of the municipality. |
---|
33 | 33 | | (D) The directors serve without compensation, except that they |
---|
34 | 34 | | are reimbursed for their actual expenses incurred in the performance of |
---|
35 | 35 | | their duties, unless otherwise authorized by local ordinance or resolution. |
---|
36 | 36 | | |
---|
37 | 37 | | |
---|
38 | 38 | | - 2 - 002760 |
---|
39 | 39 | | |
---|
40 | 40 | | (3) The directors hold office for staggered terms. At the time of the |
---|
41 | 41 | | election of the first board of directors, the governing body of the municipality shall |
---|
42 | 42 | | divide the directors into three (3) groups containing as near equal whole numbers |
---|
43 | 43 | | as may be possible. The first term of the directors included in the first group is |
---|
44 | 44 | | for two (2) years, the first term of the directors included in the second group is for |
---|
45 | 45 | | four (4) years, and the first term of the directors included in the third group is for |
---|
46 | 46 | | six (6) years. The terms of all directors are for six (6) years; provided, that if at |
---|
47 | 47 | | the expiration of a term of office of any director a successor to the director was |
---|
48 | 48 | | not elected, then the director whose term of office has expired shall continue to |
---|
49 | 49 | | hold office until a successor is elected. |
---|
50 | 50 | | (4) Except for corporations acquiring any hotel, motel, or apartment |
---|
51 | 51 | | building in the center-city areas of a municipality that has created a central |
---|
52 | 52 | | business improvement district pursuant to chapter 84 of this title, if at the time of |
---|
53 | 53 | | the election of any directors there is in existence in the municipality a chamber of |
---|
54 | 54 | | commerce, board of trade, or other similar civic organization, the directors |
---|
55 | 55 | | elected must be chosen by the governing body from the membership of any one |
---|
56 | 56 | | (1) or more of such organizations, unless, in the judgment of the governing body, |
---|
57 | 57 | | there are no members of such organizations who are both suitable and available |
---|
58 | 58 | | to serve as directors of the corporation; provided, that if the municipality has |
---|
59 | 59 | | within its boundaries a closed or substantially downsized federal facility, |
---|
60 | 60 | | including, but not limited to, a facility formerly operated by the United States |
---|
61 | 61 | | department of defense or department of energy, a minority of the directors may |
---|
62 | 62 | | be chosen from persons who are not residents of the municipality. |
---|
63 | 63 | | SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it. |
---|