Committee advances bills on DEI and election rules, rejects Shelby County sales-tax jail referendum

NASHVILLE, Tenn. — The Tennessee State and Local Government Committee met April 8 and advanced several bills with wide-ranging impact on public hiring, local election procedures and local revenue measures, while voting down a Shelby County sales-tax referendum to finance a proposed new jail.

The most contested items were two bills that would limit or ban government and public-education uses of “diversity, equity and inclusion” programs and offices, a bill that would require partisan nominations for many local offices to be conducted by primary rather than party caucus or convention, and a state preemption bill that gives the attorney general a formalized path to challenge local policies alleged to conflict with state law. Committee members also heard extended public testimony on a Shelby County proposal to put a temporary sales-tax increase to a local referendum to fund a jail. The committee reported several other noncontroversial measures to later committees.

Why it matters: the DEI measures and the election-format bill would reshape how local governments, school systems and higher-education institutions hire staff and how political parties nominate candidates for county-level partisan offices; the preemption bill would give state officials an explicit enforcement path against local policy actions; the Shelby County vote would have set a model for using local referenda to finance major capital projects.

DEI measures: sponsor frames bill as anti-discrimination; opponents call it ‘‘dismantling’’ efforts

Representative Mayberry sponsored House Bill 6 22, which he described as prohibiting state, county, municipal and public higher-education institutions from making hiring decisions “based on diversity, equity, and inclusion.” Mayberry told the committee, "My goal here is to stop discrimination. Again, discrimination in the past is wrong. Discrimination today is wrong despite the the rights of the characteristics." (Representative Mayberry)

Opponents said the bills would roll back existing recruiting and retention practices and risk harming efforts to broaden the candidate pool for public jobs. Representative K. Chisholm argued the effect would be to “go back to only including those people that we already know,” saying the practical consequence could be a narrower recruiting pool. Representative Miller and others also pressed the sponsor for definitions during an extended debate, warning the bills could have unintended consequences in school districts and public universities.

On a party-line and mixed-member vote the committee advanced House Bill 6 22 to the Education Committee, with the clerk announcing “17 ayes, 5 nays.” The committee separately advanced House Bill 9 23 — a related measure that declares DEI offices and related mandates void — to the Finance, Ways and Means Committee by the same numerical margin, “17 ayes, 5 nays.” (Representative Mayberry)

State preemption bill advances after debate on AG authority

Deputy Speaker Zachary sponsored House Bill 10 97, described as a measure to prevent local governments from enacting policies that conflict with Tennessee law or the state constitution and to provide a proactive path for the attorney general to engage before litigation. Zachary told the committee the bill "works to prevent local governments from enacting policies that conflict with Tennessee state law or constitution, ensuring consistency and legal integrity across the state."

Representative Dixie asked whether the bill “give[s] the AG power to investigate or bring charges against anybody that he wants in local government across the state.” The sponsor replied that the attorney general already has investigative powers and that the bill would create a formalized process — including a 60-day window for local entities to resolve alleged violations — before funds could be withheld or court action pursued.

The committee voted the bill to Calendar and Rules, 17 ayes and 6 nays.

Shelby County jail sales-tax referendum fails after public testimony

Representative Gillespie’s House Bill 3 08 would have authorized Shelby County to submit to voters a sales-tax option to fund a new county jail. The committee heard prolonged testimony from Shelby County officials and local elected leaders.

Alicia Lindsey, chief administrative officer for the Shelby County Sheriff’s Office, described the 201 Poplar jail — built in 1981 and designed for 2,400 inmates — as “in a state of disrepair.” Lindsey provided committee figures: the jail holds more than 2,500 inmates today (including about 120 state inmates), the county spent or encumbered about $16.5 million in the current year on repairs, and an older 2008 estimate for a replacement facility was about $497 million; Lindsey said current inflation and construction costs make modern estimates “anywhere between $800 million and $1 billion.” She said the referendum concept offered voters a choice between a sales-tax option and a 74¢ property-tax increase.

Commissioner Amber Mills, who testified in support, said the jail has become “a huge liability to the county” and told the committee the county was asking for local voters to decide how to fund the project rather than automatically relying on a property-tax increase.

Opponents questioned the timing and the city/county tax picture; committee members also asked for alternatives such as renovation versus replacement and sought clearer cost estimates. The committee voted the measure down: "7 ayes, 13 nays, and 1 present not voting," so the bill failed to advance.

Primary-format bill: patrons and parties disagree about caucuses and absentee voters

House Bill 8 55, sponsored by Representative Reese, would extend the primary election format for partisan nominations to a range of county-level offices and make primaries the expected nomination route where partisan contests are used. The proposal drew organized testimony both for and against.

Diane Shannard of the Williamson County Republican Party described a contentious county party reorganization and warned against replacing primaries with caucus/selection processes that could limit participation. Military and veteran speakers urged the committee to guard absentee and early-voting rights; Rick Shepherd, a retired National Guard member, said ending primaries in favor of caucuses “would disenfranchise the men and women serving the United States Armed Forces and the Tennessee National Guard by canceling absentee voting for any election.” (Rick Shepherd)

Legal staff briefed the committee on U.S. Supreme Court precedent (including Tashjian and Lopez-Torres) and explained that states may prescribe primaries or conventions, but cannot constitutionally force a party to associate with groups the party does not choose to include. Committee members debated whether the bill would impair party associational rights or protect voter access.

The committee advanced House Bill 8 55 to Calendar and Rules, 21 ayes, 2 nays.

Other measures advanced

Several noncontroversial or locally focused bills were reported out to later committees with unanimous or near-unanimous support. Notable outcomes announced on the floor included: - House Bill 7 26 (hurricane-related ad valorem relief cleanup) to Finance, Ways and Means: 23 ayes, 0 nays. - House Bill 11 28 (increased training hours for constables) to Finance, Ways and Means: 22 ayes, 0 nays. - House Bill 48 (expanded disabled veterans property tax relief) to Finance, Ways and Means: 23 ayes, 0 nays. - House Bill 3 10 (post-traumatic stress presumption for first responders) to Finance, Ways and Means: 19 ayes, 0 nays. - House Bill 94 (state payment for autopsies/transport for TDOC inmates) to Finance, Ways and Means: 21 ayes, 0 nays. - House Bill 6 86 (African American Culture and Historical Grant Fund) to Government Operations: 22 ayes, 0 nays.

Votes at a glance

- HB 6 22 (limit DEI hiring practices): advanced to Education — 17 ayes, 5 nays - HB 9 23 (voids DEI offices/mandates): advanced to Finance, Ways & Means — 17 ayes, 5 nays - HB 10 97 (state preemption / AG pathway): advanced to Calendar & Rules — 17 ayes, 6 nays - HB 3 08 (Shelby County sales-tax referendum for jail): failed in committee — 7 ayes, 13 nays, 1 present not voting - HB 8 55 (party primaries for partisan local offices): advanced to Calendar & Rules — 21 ayes, 2 nays - HB 7 26 (hurricane ad valorem cleanup): advanced to Finance, Ways & Means — 23 ayes, 0 nays - HB 11 28 (constable training): advanced to Finance, Ways & Means — 22 ayes, 0 nays - HB 48 (veterans tax relief): advanced to Finance, Ways & Means — 23 ayes, 0 nays - HB 3 10 (PTSD presumption for first responders): advanced to Finance, Ways & Means — 19 ayes, 0 nays - HB 94 (state pays autopsies for TDOC/CoreCivic inmates): advanced to Finance, Ways & Means — 21 ayes, 0 nays - HB 6 86 (African American Culture & Historical Grant Fund): advanced to Government Operations — 22 ayes, 0 nays

What’s next

Bills reported to Calendar and Rules or to Finance/Ways & Means will be scheduled for floor consideration or for further committee review in their next assigned committees. Several of the most contested measures (DEI limits, the DEI-office ban, and the primary-format bill) are likely to draw additional debate as they move to the full House or to standing committees that handle education and finance.

For now, the committee’s votes leave intact existing local authority in many areas but establish a path for the state to more assertively review local policies and to reshape nomination and hiring practices in Tennessee public institutions.