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2 | 2 | | HOUSE BILL 365 |
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3 | 3 | | By Fritts |
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4 | 4 | | |
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5 | 5 | | SENATE BILL 1404 |
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6 | 6 | | By Hensley |
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7 | 7 | | |
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8 | 8 | | |
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9 | 9 | | SB1404 |
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10 | 10 | | 000151 |
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11 | 11 | | - 1 - |
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12 | 12 | | |
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13 | 13 | | AN ACT to amend Tennessee Code Annotated, Title 5 and |
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14 | 14 | | Title 6, relative to equal representation for the |
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15 | 15 | | citizenry of this state. |
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16 | 16 | | |
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17 | 17 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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18 | 18 | | SECTION 1. Tennessee Code Annotated, Title 6, Chapter 54, Part 1, is amended by |
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19 | 19 | | adding the following as a new section: |
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20 | 20 | | A municipality, or an instrumentality of a municipality, shall not take any action |
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21 | 21 | | that affects or has the potential to affect the tax obligations, fees, or other costs for real |
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22 | 22 | | property owners whose property is located outside a municipality's corporate boundary, |
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23 | 23 | | unless the action is approved by the county legislative body in which such property is |
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24 | 24 | | located. |
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25 | 25 | | SECTION 2. Tennessee Code Annotated, Section 6-58-114, is amended by designating |
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26 | 26 | | subsection (a) as subdivision (a)(1) and adding the following new subdivision (a)(2): |
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27 | 27 | | (2) It is further the intent of the general assembly that the membership of joint |
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28 | 28 | | economic and community development boards be representative of the populations of |
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29 | 29 | | the cities and counties for which the board is formed. |
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30 | 30 | | SECTION 3. Tennessee Code Annotated, Section 6-58-114, is amended by adding the |
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31 | 31 | | following new subsection (m): |
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32 | 32 | | (1) Notwithstanding this section to the contrary, at least ninety percent (90%) of |
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33 | 33 | | a county's population represented by a board created under this section must be |
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34 | 34 | | proportionately represented on a per capita basis by the members of such board not |
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35 | 35 | | later than July 1, 2029. After July 1, 2029, each board must remain in compliance with |
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36 | 36 | | this subdivision (m)(1). |
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37 | 37 | | |
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38 | 38 | | |
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39 | 39 | | - 2 - 000151 |
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40 | 40 | | |
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41 | 41 | | (2) To facilitate subdivision (m)(1), as existing board members' terms expire, |
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42 | 42 | | newly appointed or elected members, in addition to satisfying all other criteria for |
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43 | 43 | | appointment or election, are only qualified if their election or appointment revises the |
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44 | 44 | | board's representation of a county's population in a manner that incrementally brings the |
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45 | 45 | | board into compliance with subdivision (m)(1) on or before July 1, 2029. |
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46 | 46 | | (3) The department of economic and community development, in consultation |
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47 | 47 | | with representatives of joint economic and community development boards, shall |
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48 | 48 | | promulgate rules to create the mechanism by which each board must incrementally |
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49 | 49 | | transition into compliance with subdivision (m)(1). The rules must be promulgated in |
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50 | 50 | | accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter |
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51 | 51 | | 5, and within the existing resources of the department. The mechanism: |
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52 | 52 | | (A) Must, as necessary by jurisdiction: |
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53 | 53 | | (i) Provide for a percentage deviation of no more than five percent |
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54 | 54 | | (5%) below the ideal average population representation prescribed by |
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55 | 55 | | subdivision (m)(1); |
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56 | 56 | | (ii) Adjust the number of members on a board to facilitate |
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57 | 57 | | compliance with subdivision (m)(1); and |
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58 | 58 | | (iii) Be adjusted every ten (10) years following the release of the |
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59 | 59 | | most recent decennial census by the United States census bureau. |
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60 | 60 | | (4) For purposes of this subsection (m), a county's population includes the |
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61 | 61 | | population of each municipality within such county. |
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62 | 62 | | SECTION 4. This act takes effect upon becoming a law, the public welfare requiring it. |
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63 | 63 | | |
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