Amends TCA Title 2; Title 5; Title 6 and Title 7.

This bill provides for the election and terms of members of the governing body of a metropolitan government or municipality; and caps at 20 the number of voting members that may be elected to the governing body of a metropolitan government or municipality, as described below. METROPOLITAN GOVERNMENT On and after the effective date of this bill, the bill generally requires the term for a member of the governing body of a metropolitan government to be four years, and requires the elections for council members to be held on the first Thursday in August of 2024. This bill also provides that council members are to assume office on September 1 following the date of the election, and that this bill does not preempt a metropolitan government from specifying in its charter the manner in which to hold a special election to fill a vacancy on the governing body. This bill prohibits the governing body of a metropolitan government from being composed of more than 20 voting members following the next general election for the governing body held in accordance with the provisions above. If the governing body of a metropolitan council is required to reduce the number of its members in accordance with this prohibition, then: (1) The terms of council members elected on the first Thursday in August of 2024, are for a period of three years. Thereafter, elected members will serve terms of four years; and (2) The terms of council members in office on the effective date of this bill are extended until the member's successor takes office. This bill also prohibits the governing body of metropolitan governments formed after the effective date of this bill from being composed of more than 20 voting members. This bill authorizes the adopted charter of a newly formed metropolitan government to provide for the initial election of the members of its governing body on a date other than that specified in this bill, as long as the initial terms do not exceed four years and expire on August 31, after the next subsequent general election held in accordance with this bill. This bill requires the governing body of a metropolitan government to: (1) Dissolve, combine, or reapportion districts or wards, as necessary, so that the number of members elected to the governing body does not exceed 20 voting members; and (2) Using the most recent federal census, ensure that a reapportionment maintains substantially equal representation based on population and otherwise complies with the United States and Tennessee Constitutions and state and federal law. This bill provides, despite any general law or charter provision to the contrary, and regardless of whether the person previously served on the governing body of a metropolitan government, that: (1) A person who is elected on or after August 2024 in accordance with this bill, may seek as many terms in office, including those partially served, as are permissible under applicable provisions of the general law or the governing metropolitan charter; and (2) After the reapportionment of districts under this bill, if any, a person may run for elected office to the governing body in any district or as an at-large candidate to the extent that the person is qualified to run in accordance with applicable provisions of the general law or the governing metropolitan charter. MUNICIPALITY This bill prohibits the governing body of a municipality from being composed of more than 20 voting members after the next general election for the governing body held on or after the effective date of this bill; and with respect to municipalities formed after the effective date of this bill, the same prohibition applies. This bill requires the governing body of a municipality to: (1) Dissolve, combine, or reapportion districts or wards, as necessary, so that the number of members elected to the governing body does not exceed 20 voting members; and (2) Using the most recent federal census, ensure that a reapportionment maintains substantially equal representation based on population and otherwise complies with the United States and Tennessee Constitutions and state and federal law. This bill provides, despite any general law or charter provision to the contrary, and irrespective of whether the person previously served on the governing body of a municipality, that: (1) A person who is elected on or after the effective date of this bill, may seek as many terms in office, including those partially served, as are permissible under applicable provisions of the general law or the governing municipal charter; and (2) After the reapportionment of districts under this bill, if any, a person may run for elected office to the governing body in any district or as an at-large candidate to the extent that the person is qualified to run in accordance with applicable provisions of the general law or the governing municipal charter. ON MARCH 6, 2023, THE HOUSE ADOPTED AMENDMENT #2 AND PASSED HOUSE BILL 48, AS AMENDED. AMENDMENT #2 rewrites the provisions in this bill concerning the membership of a metropolitan council not exceeding 20 voting members by a certain time period, and the manner in which to comply with that limit, and provides, instead, the following: (1) The membership of a council must not exceed 20 voting members; (2) If the membership of a council is required to be reduced to comply with the 20-person limit, then the following applies: (A) The council reduction takes effect as of the next general metropolitan election. However, if the council fails to take legislative action necessary to effectuate this limit prior to the qualifying date for the next general election after the effective date of the requirement as set by the county election commission, then the terms of current metropolitan council members are extended for one year and the county election commission must set a special general election to be held the first Thursday in August 2024 to elect councilmembers for a term of three years to begin on September 1, 2024; (B) Within 30 days of the effective date, the metropolitan planning commission must establish district boundaries using the most recent federal census to ensure that a reapportionment maintains substantially equal representation based on population and otherwise complies with the United States and Tennessee constitutions, and state and federal law; (C) Upon approval of the council districts by the planning commission, the metropolitan council must approve the new council district boundaries by resolution on or before May 1, 2023; (D) The council must take any legislative action needed to effectuate these provisions by resolution receiving an affirmative majority vote of those present and voting, regardless or any provision of a charter or private act to the contrary; (3) A metropolitan government is not preempted from specifying in its charter the manner in which to hold a special election to fill a vacancy on the council; and (4) A future change in the size of the council through an amendment to the metropolitan charter is not preempted as long as the size of the council does not exceed 20 members. This amendment also authorizes the governing body of a municipality to take any action by majority vote of the governing body necessary to implement and facilitate this bill.