Committee votes to transfer Human Rights Commission functions to attorney general; critics warn of conflict and case disruption

The Senate Government Operations Committee voted 7-2 to give SB 861 a positive recommendation to move the Tennessee Human Rights Commission’s functions to the Office of the Attorney General and eliminate the independent commission.

Sponsor Senator Stevens told the committee the bill transfers the commission’s duties to the attorney general effective July 1; the current commission would cease to exist on June 30. Stevens said the change follows continued concerns about the commission’s capacity and timeliness and that the attorney general’s office has investigatory experience the committee trusts.

Opponents, including Dr. Sekou Franklin of the Tennessee NAACP and Senator London Oliver, argued the transfer would undercut independent oversight of civil-rights complaints. Dr. Franklin said, "I'm here today to express my opposition to SB 861," and warned the change "will be a devastating bill" that could demoralize complainants and subject them to retaliation. He urged preserving the commission’s bipartisan and independent role, noting the commission was established before the 1964 Civil Rights Act.

Senator Oliver questioned the wind-down timeline and staffing: she said the commission previously had prolonged vacancies and asked how hundreds of pending cases would be transitioned. Senator Stevens responded that the commission and the attorney general’s office had discussed timelines and that the bill’s language requires cooperation on pending matters; he also said there are about "30 or 45 cases that are far enough along" for the commission to have acted and that the attorney general’s office believes it can take over files in time. Senator Oliver countered that some records indicate "over a thousand cases" pending and said those complainants could face the burden of refiling.

Legal counsel Doug Garrett clarified the bill includes a provision that the Committee would retain oversight responsibility over the civil rights enforcement division under a sunset/sunrise schedule; the version adopted in committee also contains an amendment (6782) that the committee approved earlier in the hearing.

Senator Oliver also questioned whether the attorney general’s prior legal actions — including litigation with the federal Equal Employment Opportunity Commission referenced during the hearing — would affect public confidence in the office’s impartiality; committee members were told the attorney general’s office uses separate divisions and believes ethical walls prevent conflicts in many circumstances.

The roll-call recorded in committee read: Senator Bolling — Aye; Senator Crow — Aye; Senator Kyle — No; Senator Oliver — No; Senator Rose — Aye; Senator Sutherland — Aye; Chairman Jackson — Aye. The clerk reported the vote as seven ayes and two noes. The bill moves to the Finance Committee.

Supporters argued the transfer would streamline investigations and remedy longstanding performance issues at the commission; critics said it risks politicizing civil-rights enforcement and could erase or delay pending claims if notice and transition steps are not handled carefully.

SB 861 will be considered next by the Senate Finance Committee.