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Senate backs state rulemaking for Tourist Development Zones despite local‑control objections
Summary
The Senate passed House Bill 23‑66 to give the Department of Tourist Development rulemaking authority over sanitation, loitering and other items in designated Tourist Development Zones (TDZs) that retain state dollars; proponents cited state investments, opponents warned of constitutional and local‑control concerns.
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The Senate debated House Bill 23‑66, a measure authorizing the Department of Tourist Development to promulgate rules governing sanitation (trash removal, street cleaning, pest control), to regulate loitering and to exercise oversight in designated Tourist Development Zones that retain state funds.
Sponsor Chairman Watson said the state has invested heavily in TDZs and that localities that keep state dollars should meet statewide standards. "If you're going to use taxpayer money from all across the state to fund a tourist development zone in your city, then you subject yourselves to the rules and regulations that the state may choose to impose," Watson said on the floor.
Opponents, including Sen. Yarbrough, raised constitutional concerns about delegating broad regulatory authority to an executive department and about creating new offenses where none existed under state law. "We're empowering sort of unknown bureaucrats in an administrative department to make new rules that don't have anything to do with Tennessee law about loitering," Yarbrough said.
After extended debate and a motion to call the question, the Senate adopted the amended measure (roll call recorded as Ayes 24, Nays 4). The bill as amended includes mandatory rulemaking duties for the department and confers concurrent jurisdiction to the Tennessee Highway Patrol in TDZs.
Supporters argued the statute is necessary to protect state investments and ensure TDZs remain open, clean and safe for tourists; opponents warned of overreach and potential conflicts with agencies that currently regulate sanitation and public health.
Next steps: The measure passed the Senate floor and will move forward in the enrollment process.
