Bill would give lawmakers power to challenge local ordinances

(The Center Square) – Republican House Speaker Cameron Sexton filed a bill that would give members of the Tennessee General Assembly the authority to question local ordinances they believe violate the state constitution.

The state could withhold funds from the local government if there is no resolution, according to House Bill 1097.

Lawmakers can request an investigation from the attorney general after notifying the local government of their intention. The local government has 60 days to address the issue before the lawmaker can ask for an investigation.

“The attorney general and reporter shall make a written report of findings and conclusions as a result of the investigation within thirty days after receipt of the request and shall provide a copy of the report to the governor, the speaker of the senate, the speaker of the house of representatives, the member or members of the general assembly making the original request, and the secretary of state,” the bill says.

The local government has 30 days to challenge any findings or resolve them if the attorney general finds it is in violation. The attorney general would file an action with the Tennessee Supreme Court if it’s not clear that the ordinance is a violation.

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The state can’t withhold funds that “would violate contracts to which the state is a party, the requirements of federal law imposed on the state, judgments of a court binding on the state, or obligations of the state under the Tennessee Constitution,” according to the bill.

Sen. Adam Lowe, R-Calhoun, filed the bill in the Senate.

It’s the second move by state legislators to have a say in local government decisions. The General Assembly approved a sweeping immigration bill last week that created a Class E felony for public officials who support sanctuary cities.

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