Bill targeting cities’ contract rules would ‘invite litigation,’ but clears committee

NASHVILLE – After an hour-long debate between senators and officials, a Senate committee narrowly passed a controversial bill that opponents argue will “invite litigation” against cities and the state.

Sen. Mark Green, R-Clarksville, has brought the legislation to prevent what he describes as “a patchwork” of policies across the state in municipalities that he and others argue would keep policies the same across the state.

It has been revised several times to become more narrow and was referred last week to the State and Local Committee for further discussion after a second debate on the Senate floor. Green revised the bill again to focus only on health insurance, family leave policies and nondiscrimination policies of a company.

The bill would prevent cities from selecting contractors based on those policies so long as they comply with state and federal laws. But state and federal nondiscrimination polices, for instance, often vary by agency or institution.

Green brought David Fowler, former senator and now director of the Family Action Council of Tennessee, to testify on the bill’s behalf. He argued the measure would preempt any problems and litigation for the state and local municipalities rather than allowing a problem to present itself before being addressed by the legislature.

Opponents, like Sens. Richard Briggs, R-Knoxville, and Jeff Yarbro, D-Nashville, argue the bill would “invite litigation” against the city and state if contracts were chosen because of wages, health insurance provisions and family leave policies.

Briggs gave the example that often cities recruiting industry to their area make selections or preferred treatment of companies because they offer higher wages than a competing company. The company with lower wages then could sue based on those criteria, he argued.

Yarbro has been a staunch opponent of the measure, saying it creates ambiguity and state law already covers the provisions in Green’s bill.

The bill was approved in a 6-1 vote and referred to the Finance committee.