Tennessee General Assembly Legislation

Actions For HB0048	Date
Effective date(s) 03/09/2023	03/23/2023
Pub. Ch. 21	03/23/2023
Signed by Governor.	03/09/2023
Transmitted to Governor for his action.	03/09/2023
Signed by Senate Speaker	03/09/2023
Signed by H. Speaker	03/09/2023
Enrolled; ready for sig. of H. Speaker.	03/09/2023
Passed Senate, Ayes 23, Nays 7	03/09/2023
Amendment tabled (Amendment 5 - SA0129)	03/09/2023
Amendment tabled (Amendment 4 - SA0128)	03/09/2023
Amendment tabled (Amendment 3 - SA0127)	03/09/2023
Amendment withdrawn. (Amendment 2 - SA0049)	03/09/2023
Amendment withdrawn. (Amendment 1 - SA0001)	03/09/2023
Senate substituted House Bill for companion Senate Bill.	03/09/2023
Received from House, Passed on First Consideration	03/09/2023
Engrossed; ready for transmission to Sen.	03/07/2023
Passed H., as am., Ayes 72, Nays 25, PNV 0	03/06/2023
Sponsor(s) Added.	03/06/2023
H. adopted am. (Amendment 2 - HA0051)	03/06/2023
Am. withdrawn. (Amendment 1 - HA0003)	03/06/2023
Am. tabled. (Amendment 4 - HA0080)	03/06/2023
Am. withdrawn. (Amendment 3 - HA0079)	03/06/2023
Sponsor(s) Added.	03/02/2023
H. Placed on Regular Calendar for 3/6/2023	03/02/2023
Placed on cal. Calendar & Rules Committee for 3/2/2023	03/01/2023
Rec. for pass. if am., ref. to Calendar & Rules Committee	02/28/2023
Sponsor(s) Added.	02/27/2023
Placed on cal. Finance, Ways, and Means Committee for 2/28/2023	02/22/2023
Action def. in Finance, Ways, and Means Committee to 2/28/2023	02/21/2023
Placed on cal. Finance, Ways, and Means Committee for 2/21/2023	02/15/2023
Sponsor(s) Added.	02/15/2023
Rec. for pass by s/c ref. to Finance, Ways, and Means Committee	02/15/2023
Placed on s/c cal Finance, Ways, and Means Subcommittee for 2/15/2023	02/08/2023
Assigned to s/c Finance, Ways, and Means Subcommittee	02/08/2023
Rec. for pass. if am., ref. to Finance, Ways, and Means Committee	02/07/2023
Sponsor(s) Added.	02/02/2023
Placed on cal. Local Government Committee for 2/7/2023	02/01/2023
Rec for pass if am by s/c ref. to Local Government Committee	02/01/2023
Sponsor(s) Added.	01/30/2023
Sponsor(s) Added.	01/26/2023
Placed on s/c cal Cities & Counties Subcommittee for 2/1/2023	01/25/2023
Sponsor(s) Added.	01/24/2023
Sponsor(s) Added.	01/12/2023
Assigned to s/c Cities & Counties Subcommittee	01/12/2023
Ref. to Local Government Committee	01/12/2023
P2C held on desk, pending appointment of Standing Committees	01/11/2023
Sponsor(s) Added.	01/10/2023
Intro., P1C.	01/10/2023
Filed for introduction	01/09/2023

Actions For SB0087	Date
Comp. became Pub. Ch. 21	03/23/2023
Sponsor(s) Added.	03/09/2023
Companion House Bill substituted	03/09/2023
Placed on Senate Regular Calendar for 3/9/2023	03/07/2023
Recommended for passage, refer to Senate Calendar Committee	03/07/2023
Placed on Senate Finance, Ways, and Means Committee calendar for 3/7/2023	02/28/2023
Recommended for passage with amendment/s, refer to Senate Finance, Ways, and Means Committee Ayes 6, Nays 3 PNV 0	02/21/2023
Placed on Senate State and Local Government Committee calendar for 2/21/2023	02/14/2023
Refer to Senate State & Local Government Committee	01/20/2023
Sponsor(s) Added.	01/18/2023
Sponsor(s) Added.	01/11/2023
Passed on Second Consideration, held on desk pending committee appointments	01/11/2023
Introduced, Passed on First Consideration	01/10/2023
Filed for introduction	01/09/2023

	Amendments	Fiscal Memos
HA0003	Amendment 1-0 to HB0048
HA0051	Amendment 2-0 to HB0048
HA0079	Amendment 3-0 to HB0048
HA0080	Amendment 4-0 to HB0048

	Amendments	Fiscal Memos
SA0001	Amendment 1- to SB0087
SA0049	Amendment 2-1 to SB0087
SA0127	Amendment 3- to SB0087
SA0128	Amendment 4- to SB0087
SA0129	Amendment 5- to SB0087

NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

Videos containing keyword: HB0048

Fiscal Summary

Decrease Local Expenditures – $424,900/FY24-25/Nashville – Davidson County $509,800/FY25-26 and Subsequent Years/ Nashville – Davidson County Other Fiscal Impact – The extent and timing of any permissive increase in local expenditures relative to raising councilmember salaries cannot be reasonably forecasted. Additionally, in the event that a referendum for a charter amendment is necessary, there will be an estimated one-time, mandatory local expenditure of $2,500.*

Bill Summary

This bill provides for the election and terms of members of the governing body of a metropolitan government or municipality; and caps at 20 the number of voting members that may be elected to the governing body of a metropolitan government or municipality, as described below.

METROPOLITAN GOVERNMENT

On and after the effective date of this bill, the bill generally requires the term for a member of the governing body of a metropolitan government to be four years, and requires the elections for council members to be held on the first Thursday in August of 2024. This bill also provides that council members are to assume office on September 1 following the date of the election, and that this bill does not preempt a metropolitan government from specifying in its charter the manner in which to hold a special election to fill a vacancy on the governing body.

This bill prohibits the governing body of a metropolitan government from being composed of more than 20 voting members following the next general election for the governing body held in accordance with the provisions above. If the governing body of a metropolitan council is required to reduce the number of its members in accordance with this prohibition, then:

(1) The terms of council members elected on the first Thursday in August of 2024, are for a period of three years. Thereafter, elected members will serve terms of four years; and

(2) The terms of council members in office on the effective date of this bill are extended until the member's successor takes office.

This bill also prohibits the governing body of metropolitan governments formed after the effective date of this bill from being composed of more than 20 voting members. This bill authorizes the adopted charter of a newly formed metropolitan government to provide for the initial election of the members of its governing body on a date other than that specified in this bill, as long as the initial terms do not exceed four years and expire on August 31, after the next subsequent general election held in accordance with this bill.

This bill requires the governing body of a metropolitan government to:

(1) Dissolve, combine, or reapportion districts or wards, as necessary, so that the number of members elected to the governing body does not exceed 20 voting members; and

(2) Using the most recent federal census, ensure that a reapportionment maintains substantially equal representation based on population and otherwise complies with the United States and Tennessee Constitutions and state and federal law.

This bill provides, despite any general law or charter provision to the contrary, and regardless of whether the person previously served on the governing body of a metropolitan government, that:

(1) A person who is elected on or after August 2024 in accordance with this bill, may seek as many terms in office, including those partially served, as are permissible under applicable provisions of the general law or the governing metropolitan charter; and

(2) After the reapportionment of districts under this bill, if any, a person may run for elected office to the governing body in any district or as an at-large candidate to the extent that the person is qualified to run in accordance with applicable provisions of the general law or the governing metropolitan charter.

MUNICIPALITY

This bill prohibits the governing body of a municipality from being composed of more than 20 voting members after the next general election for the governing body held on or after the effective date of this bill; and with respect to municipalities formed after the effective date of this bill, the same prohibition applies.

This bill requires the governing body of a municipality to:

(1) Dissolve, combine, or reapportion districts or wards, as necessary, so that the number of members elected to the governing body does not exceed 20 voting members; and

(2) Using the most recent federal census, ensure that a reapportionment maintains substantially equal representation based on population and otherwise complies with the United States and Tennessee Constitutions and state and federal law.

This bill provides, despite any general law or charter provision to the contrary, and irrespective of whether the person previously served on the governing body of a municipality, that:

(1) A person who is elected on or after the effective date of this bill, may seek as many terms in office, including those partially served, as are permissible under applicable provisions of the general law or the governing municipal charter; and

(2) After the reapportionment of districts under this bill, if any, a person may run for elected office to the governing body in any district or as an at-large candidate to the extent that the person is qualified to run in accordance with applicable provisions of the general law or the governing municipal charter.

ON MARCH 6, 2023, THE HOUSE ADOPTED AMENDMENT #2 AND PASSED HOUSE BILL 48, AS AMENDED.

AMENDMENT #2 rewrites the provisions in this bill concerning the membership of a metropolitan council not exceeding 20 voting members by a certain time period, and the manner in which to comply with that limit, and provides, instead, the following:

(1) The membership of a council must not exceed 20 voting members;

(2) If the membership of a council is required to be reduced to comply with the 20-person limit, then the following applies:

(A) The council reduction takes effect as of the next general metropolitan election. However, if the council fails to take legislative action necessary to effectuate this limit prior to the qualifying date for the next general election after the effective date of the requirement as set by the county election commission, then the terms of current metropolitan council members are extended for one year and the county election commission must set a special general election to be held the first Thursday in August 2024 to elect councilmembers for a term of three years to begin on September 1, 2024;

(B) Within 30 days of the effective date, the metropolitan planning commission must establish district boundaries using the most recent federal census to ensure that a reapportionment maintains substantially equal representation based on population and otherwise complies with the United States and Tennessee constitutions, and state and federal law;

(C) Upon approval of the council districts by the planning commission, the metropolitan council must approve the new council district boundaries by resolution on or before May 1, 2023;

(D) The council must take any legislative action needed to effectuate these provisions by resolution receiving an affirmative majority vote of those present and voting, regardless or any provision of a charter or private act to the contrary;

(3) A metropolitan government is not preempted from specifying in its charter the manner in which to hold a special election to fill a vacancy on the council; and

(4) A future change in the size of the council through an amendment to the metropolitan charter is not preempted as long as the size of the council does not exceed 20 members.

This amendment also authorizes the governing body of a municipality to take any action by majority vote of the governing body necessary to implement and facilitate this bill.

FiscalNote for HB0048/SB0087 filed under HB0048

House Floor and Committee Votes

HB0048 by Lamberth - FLOOR VOTE: REGULAR CALENDAR AS AMENDED PASSAGE ON THIRD CONSIDERATION 3/6/2023
Passed
          Ayes...............................................72
          Noes...............................................25

          Representatives voting aye were: Alexander, Barrett, Baum, Boyd, Bricken, Bulso, Burkhart, Butler, Campbell S, Capley, Carr, Carringer, Cepicky, Cochran, Crawford, Darby, Davis, Doggett, Eldridge, Faison, Farmer, Fritts, Gant, Garrett, Gillespie, Grills, Hale, Haston, Hawk, Hazlewood, Helton-Haynes, Hicks G, Hicks T, Holsclaw, Howell, Hulsey, Johnson C, Keisling, Lafferty, Lamberth, Leatherwood, Littleton, Lynn, Marsh, Martin B, Martin G, McCalmon, Moody, Moon, Powers, Ragan, Raper, Reedy, Richey, Rudd, Rudder, Russell, Sherrell, Slater, Sparks, Stevens, Terry, Todd, Travis, Vaughan, Vital, Warner, White, Williams, Wright, Zachary, Mr. Speaker Sexton -- 72.
          Representatives voting no were: Beck, Camper, Chism, Clemmons, Dixie, Freeman, Glynn, Hakeem, Hardaway, Harris, Hemmer, Jernigan, Johnson G, Jones, Love, McKenzie, Miller, Mitchell, Parkinson, Pearson, Powell, Shaw, Thompson, Towns, Whitson -- 25.

HB0048 by Lamberth - FLOOR VOTE: REGULAR CALENDAR PREVIOUS QUESTION AS AMENDED PASSAGE ON THIRD CONSIDERATION 3/6/2023
Passed
          Ayes...............................................73
          Noes...............................................24

          Representatives voting aye were: Alexander, Barrett, Baum, Boyd, Bricken, Bulso, Burkhart, Butler, Campbell S, Capley, Carr, Carringer, Cepicky, Cochran, Crawford, Darby, Davis, Doggett, Eldridge, Faison, Farmer, Fritts, Gant, Garrett, Gillespie, Grills, Hale, Haston, Hawk, Hazlewood, Helton-Haynes, Hicks G, Hicks T, Holsclaw, Howell, Hulsey, Johnson C, Keisling, Lafferty, Lamberth, Leatherwood, Littleton, Lynn, Marsh, Martin B, Martin G, McCalmon, Moody, Moon, Powers, Ragan, Raper, Reedy, Richey, Rudd, Rudder, Russell, Sherrell, Slater, Sparks, Stevens, Terry, Todd, Travis, Vaughan, Vital, Warner, White, Whitson, Williams, Wright, Zachary, Mr. Speaker Sexton -- 73.
          Representatives voting no were: Beck, Camper, Chism, Clemmons, Dixie, Freeman, Glynn, Hakeem, Hardaway, Harris, Hemmer, Jernigan, Johnson G, Jones, Love, McKenzie, Miller, Mitchell, Parkinson, Pearson, Powell, Shaw, Thompson, Towns -- 24.

HB0048 by Lamberth - FLOOR VOTE: REGULAR CALENDAR LAY ON THE TABLE MOTION TO ADOPT AMENDMENT # 4 BY CLEMMONS PASSAGE ON THIRD CONSIDERATION 3/6/2023
Passed
          Ayes...............................................70
          Noes...............................................25

          Representatives voting aye were: Alexander, Barrett, Baum, Boyd, Bricken, Bulso, Burkhart, Butler, Campbell S, Capley, Carr, Carringer, Cepicky, Cochran, Crawford, Darby, Davis, Doggett, Eldridge, Faison, Farmer, Fritts, Garrett, Gillespie, Grills, Hale, Haston, Hawk, Hazlewood, Helton-Haynes, Hicks G, Hicks T, Howell, Hulsey, Johnson C, Keisling, Lafferty, Lamberth, Leatherwood, Littleton, Lynn, Marsh, Martin B, Martin G, McCalmon, Moody, Moon, Powers, Ragan, Raper, Reedy, Rudd, Rudder, Russell, Sherrell, Slater, Sparks, Stevens, Terry, Todd, Travis, Vaughan, Vital, Warner, White, Whitson, Williams, Wright, Zachary, Mr. Speaker Sexton -- 70.
          Representatives voting no were: Beck, Camper, Chism, Clemmons, Dixie, Freeman, Glynn, Hakeem, Hardaway, Harris, Hemmer, Jernigan, Johnson G, Jones, Love, McKenzie, Miller, Mitchell, Parkinson, Pearson, Powell, Richey, Shaw, Thompson, Towns -- 25.

HB0048 by Lamberth - FLOOR VOTE: REGULAR CALENDAR MOTION AMENDMENT # 4 BY CLEMMONS PASSAGE ON THIRD CONSIDERATION 3/6/2023
Failed
          Ayes...............................................21
          Noes...............................................70

          Representatives voting aye were: Beck, Camper, Chism, Clemmons, Dixie, Freeman, Glynn, Hakeem, Hardaway, Harris, Hemmer, Jernigan, Johnson G, Love, McKenzie, Miller, Mitchell, Parkinson, Pearson, Powell, Thompson -- 21.
          Representatives voting no were: Alexander, Barrett, Baum, Boyd, Bulso, Burkhart, Capley, Carr, Carringer, Cepicky, Cochran, Crawford, Darby, Davis, Doggett, Eldridge, Faison, Farmer, Fritts, Gant, Garrett, Gillespie, Grills, Hale, Haston, Hawk, Hazlewood, Helton-Haynes, Hicks G, Hicks T, Holsclaw, Howell, Hulsey, Johnson C, Keisling, Lafferty, Lamberth, Leatherwood, Littleton, Lynn, Marsh, Martin B, Martin G, McCalmon, Moody, Moon, Powers, Ragan, Raper, Reedy, Richey, Rudd, Rudder, Russell, Sherrell, Slater, Sparks, Stevens, Terry, Todd, Travis, Vaughan, Vital, Warner, White, Whitson, Williams, Wright, Zachary, Mr. Speaker Sexton -- 70.

          HB0048 by Lamberth - HOUSE CALENDAR & RULES COMMITTEE:
H. Placed on Regular Calendar for 3/6/2023 3/2/2023
          Voice Vote - Ayes Prevail Rep(s). Camper, Clemmons, Thompson requested to be recorded as voting No

          HB0048 by Lamberth - HOUSE FINANCE, WAYS, AND MEANS COMMITTEE:
Rec. for pass. if am., ref. to Calendar & Rules Committee 2/28/2023
          Voice Vote - Ayes Prevail Rep(s). Camper, Freeman, Love, Miller, Parkinson, Whitson requested to be recorded as voting No

          HB0048 by Lamberth - HOUSE FINANCE, WAYS, AND MEANS SUBCOMMITTEE:
Rec. for pass by s/c ref. to Finance, Ways, and Means Committee 2/15/2023
          Voice Vote - Ayes Prevail Rep(s). Camper, Whitson requested to be recorded as voting No

HB0048 by Lamberth - HOUSE LOCAL GOVERNMENT COMMITTEE:
Rec. for pass. if am., ref. to Finance, Ways, and Means Committee 2/7/2023
Passed
          Ayes...............................................16
          Noes................................................5

          Representatives voting aye were: Alexander, Burkhart, Carr, Crawford, Doggett, Hale, Helton-Haynes, Holsclaw, Martin G, Moon, Raper, Reedy, Rudd, Slater, Stevens, Wright -- 16.
          Representatives voting no were: Love, McKenzie, Miller, Shaw, Thompson -- 5.

          HB0048 by Lamberth - HOUSE CITIES SUBCOMMITTEE:
Rec for pass if am by s/c ref. to Local Government Committee 2/1/2023
          Voice Vote - Ayes Prevail Rep(s). McKenzie requested to be recorded as voting No

Senate Floor and Committee Votes

Senate moved to substitute and conform to HB0048

HB0048 by Lamberth - FLOOR VOTE: Third Consideration 3/9/2023
Passed
          Ayes...............................................23
          Noes................................................7
          Present and not voting...................1

          Senators voting aye were: Bailey, Bowling, Crowe, Gardenhire, Haile, Hensley, Jackson, Johnson, Lowe, Lundberg, Massey, Powers, Reeves, Rose, Southerland, Stevens, Swann, Taylor, Walley, Watson, White, Yager, Mr. Speaker McNally -- 23.
          Senators voting no were: Akbari, Campbell, Kyle, Lamar, Oliver, Pody, Yarbro -- 7.
          Senators present and not voting were: Roberts -- 1.

HB0048 by Lamberth - FLOOR VOTE: Previous Question Third Consideration 3/9/2023
Passed
          Ayes...............................................23
          Noes................................................7

          Senators voting aye were: Bailey, Bowling, Gardenhire, Haile, Hensley, Jackson, Johnson, Lowe, Lundberg, Massey, Pody, Powers, Reeves, Roberts, Southerland, Stevens, Swann, Taylor, Walley, Watson, White, Yager, Mr. Speaker McNally -- 23.
          Senators voting no were: Akbari, Campbell, Crowe, Kyle, Lamar, Oliver, Yarbro -- 7.

HB0048 by Lamberth - FLOOR VOTE: Lay on the Table Amend# 5 by Yarbro 3/9/2023
Passed
          Ayes...............................................24
          Noes................................................7

          Senators voting aye were: Bailey, Bowling, Crowe, Gardenhire, Haile, Jackson, Johnson, Lowe, Lundberg, Massey, Pody, Powers, Reeves, Roberts, Rose, Southerland, Stevens, Swann, Taylor, Walley, Watson, White, Yager, Mr. Speaker McNally -- 24.
          Senators voting no were: Akbari, Campbell, Hensley, Kyle, Lamar, Oliver, Yarbro -- 7.

HB0048 by Lamberth - FLOOR VOTE: Lay on the Table Amend# 4 by Yarbro 3/9/2023
Passed
          Ayes...............................................25
          Noes................................................6

          Senators voting aye were: Bailey, Bowling, Crowe, Gardenhire, Haile, Hensley, Jackson, Johnson, Lowe, Lundberg, Massey, Pody, Powers, Reeves, Roberts, Rose, Southerland, Stevens, Swann, Taylor, Walley, Watson, White, Yager, Mr. Speaker McNally -- 25.
          Senators voting no were: Akbari, Campbell, Kyle, Lamar, Oliver, Yarbro -- 6.

HB0048 by Lamberth - FLOOR VOTE: Lay on the Table Amend# 3 by Yarbro 3/9/2023
Passed
          Ayes...............................................23
          Noes................................................6

          Senators voting aye were: Bailey, Bowling, Crowe, Gardenhire, Haile, Hensley, Jackson, Johnson, Lowe, Lundberg, Niceley, Pody, Powers, Reeves, Roberts, Southerland, Stevens, Swann, Taylor, Walley, Watson, White, Yager -- 23.
          Senators voting no were: Akbari, Campbell, Kyle, Lamar, Oliver, Yarbro -- 6.

SB0087 by Watson - SENATE FINANCE, WAYS AND MEANS COMMITTEE:
Recommended for passage, refer to Senate Calendar Committee 3/7/2023
Passed
          Ayes................................................9
          Noes................................................2

          Senators voting aye were: Haile, Hensley, Johnson, Powers, Stevens, Walley, Watson, White, Yager -- 9.
          Senators voting no were: Lamar, Yarbro -- 2.

SB0087 by Watson - SENATE STATE & LOCAL GOVERNMENT COMMITTEE:
Recommended for passage with amendment/s, refer to Senate Finance, Ways, and Means Committee Ayes 6, Nays 3 PNV 0 2/21/2023
Passed
          Ayes................................................6
          Noes................................................3

          Senators voting aye were: Briggs, Jackson, Lowe, Stevens, Walley, Yager -- 6.
          Senators voting no were: Kyle, Pody, Yarbro -- 3.

HB 0048 by *Lamberth

(SB 0087) by *Watson

Videos containing keyword: HB0048

Fiscal Summary

Bill Summary

House Floor and Committee Votes

Senate Floor and Committee Votes