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Senate approves bill letting some cities adjust food sales tax and council timing; critics cite local-control concerns
Summary
House Bill 21-86 passed after debate over a provision that would allow some metropolitan councils to change charter matters such as council size without a citywide vote; supporters said the bill provides local governments flexibility to reduce taxes on food, opponents warned it undermines voter control of charters.
House Bill 21-86, moved on the Senate floor as a conforming substitute, includes two separate provisions: a permissive authority for metropolitan governments to levy a reduced tax rate on food and food ingredients and deletion of timing language related to reducing the membership of metropolitan councils.
Senator Watson said the bill permits metropolitan governments that adopted a city tax rate to levy a lower rate on food beginning October 1, 2026, and removes certain timing provisions. Senator Yarbrough raised objections rooted in constitutional and local-control principles, arguing that allowing a council majority to change charter matters amounts to letting elected officials override the voters' role in decisions that should be made by county electorates. "We're this legislation this provision ... literally applies and can only ever apply to 1 county," Yarbrough said, warning it could allow a Metro Council majority to "effectively rewrite the charter in 1 place to override the desires or votes of the citizens."
Senator Campbell and others echoed concerns about coupling unrelated provisions and the impact on Nashville. Sponsor Senator Watson said both items relate to local government and explained why they are paired in a single enactment.
The bill passed on third and final consideration after floor debate. Its opponents framed the council-size provision as a constitutional matter that should be left to county voters; supporters emphasized local government flexibility on food-tax settings.
