Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB0845 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2		-	HOUSE BILL 1097
3		-	By Sexton
	2	+	<BillNo> <Sponsor>
4	3
5	4		SENATE BILL 845
6	5		By Lowe
7	6
8	7
9	8		SB0845
10	9		003031
11	10		- 1 -
12	11
13	12		AN ACT to amend Tennessee Code Annotated, Title 4;
14	13		Title 5; Title 6; Title 7; Title 8 and Title 9, relative to
15	14		actions of local governments.
16	15
17	16		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
18	17		SECTION 1. Tennessee Code Annotated, Title 4, Chapter 1, Part 4, is amended by
19	18		adding the following as a new section:
20	19		(a) At the request of a member of the general assembly, the attorney general
21	20		and reporter shall investigate an ordinance, regulation, order, or other official action
22	21		adopted or taken by the chief executive officer or governing body of a local government
23	22		or any written policy, written rule, or written regulation adopted by any agency,
24	23		department, or other entity of the local government that the member alleges violates, or
25	24		that would violate if enacted or enforced, state law or the Constitution of Tennessee.
26	25		(b)
27	26		(1) The attorney general and reporter shall make a written report of
28	27		findings and conclusions as a result of the investigation within thirty (30) days
29	28		after receipt of the request and shall provide a copy of the report to the governor,
30	29		the speaker of the senate, the speaker of the house of representatives, the
31	30		member or members of the general assembly making the original request, and
32	31		the secretary of state.
33	32		(2) If the attorney general and reporter concludes that the ordinance,
34	33		regulation, order, written policy, written rule, or other action under investigation:
35	34		(A) Violates, or would violate if enacted or enforced, a provision of
36	35		state law or the Constitution of Tennessee, the attorney general and
37	36
38	37
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40	39
41	40		reporter shall provide notice to the local government, by certified mail, of
42	41		the violation and shall indicate that the local government has thirty (30)
43	42		days to resolve the violation or file an action challenging the conclusion
44	43		and any withholding of funds;
45	44		(B) May violate, or would violate if enacted or enforced, a
46	45		provision of state law or the Constitution of Tennessee, the attorney
47	46		general and reporter shall file a special action in the supreme court to
48	47		resolve the issue, and the supreme court shall give the action precedence
49	48		over all other cases; or
50	49		(C) Does not violate any provision of state law or the Constitution
51	50		of Tennessee, the attorney general and reporter shall take no further
52	51		action pursuant to this section.
53	52		(c) If the attorney general and reporter determines that the local government has
54	53		failed to resolve the violation or file an action challenging the conclusion and any
55	54		withholding of funds within thirty (30) days of the notification pursuant to subdivision
56	55		(b)(2)(A), or within thirty (30) days of the supreme court determining that the ordinance,
57	56		regulation, order, written policy, written rule, or other action violates, or would violate if
58	57		enacted or enforced, a provision of state law or the Constitution of Tennessee pursuant
59	58		to subdivision (b)(2)(B), then the attorney general and reporter shall:
60	59		(1) Notify the appropriate state officials who shall withhold all or a portion
61	60		of the funds of the state and all funds administered by the state and its agencies,
62	61		boards, and instrumentalities allotted or appropriated to the local government,
63	62		including, but not limited to, state-shared taxes; and
64	63
65	64
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67	66
68	67		(2) Continue to monitor the response of the local government, and when
69	68		the offending ordinance, regulation, order, or action is repealed or the violation is
70	69		otherwise resolved, the attorney general and reporter shall notify:
71	70		(A) The governor, the speaker of the senate, the speaker of the
72	71		house of representatives, and the member or members of the general
73	72		assembly making the original request that the violation has been
74	73		resolved; and
75	74		(B) The appropriate state officials to restore the distribution of
76	75		state-shared revenues to the local government.
77	76		(d) Before a member of the legislature may request an investigation by the
78	77		attorney general and reporter of a written policy, written rule, or written regulation
79	78		adopted by an agency, department, or other entity of a local government pursuant to
80	79		subsection (a), the member of the general assembly shall first provide a written
81	80		notification of the alleged violation of state law or the Constitution of Tennessee to the
82	81		chief executive officer and governing body of the local government. If the local
83	82		government does not repeal or otherwise resolve the violation within sixty (60) days after
84	83		receiving the notification, the member of the general assembly may request an
85	84		investigation by the attorney general and reporter pursuant to this section.
86	85		(e) Notwithstanding subdivision (c)(1), this section does not authorize the
87	86		withholding of funds allocated to a local government that would violate contracts to which
88	87		the state is a party, the requirements of federal law imposed on the state, judgments of a
89	88		court binding on the state, or obligations of the state under the Tennessee Constitution.
90	89		(f) As used in this section, "local government" means a county, including a
91	90		county with a metropolitan or charter form of government, and an incorporated city or
92	91		town.
93	92
94	93
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96	95
97	96		SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.
98	97