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