Lee Harris Senator Lauren Agee Senior Paley Advisor 29 Senatorial Disiviet Shelby County sane Kimes, Esq. Ruscaren ant Policy Analyst rosin ieitoms — Setate Minority Leaber ihr Judiary State of Tennessee March 17,2016 VIA HAND DELIVERY The Fionorable Herbert H. Slatery 11 Attorney General and Reporte State of Tennessee 425 Fifth Avenue, North Second Floor Nashville, Tennessee 37243 Re: Request for Attorney Generat’s Opinion Dear General Slatery: Senate Bill 749Tousc Bill 779 was (iled in Februaty 2015. The bill has passed the House and is scheduled to be on the Senate Floor on Monday, Mareh 21. ‘he bill, as amended and approved by the House, creates « potontial path to breal-up soveral cities, including the City of Memphis. Many of my constituents boliove that the language used in the bill and comments by the bill's sponsors and others suggests that the purpose of the bill ia rctribution against the City of Memphis, among other communities. Specifically, the bill provides it only targets communities, inehuding the City of Memphis, because thes communities have undertaken “the most egregious forms. of annexation.” SB 749/HB 779, 109” Gencral Assembly (2016). Similarly, according to the bill’s prime sponsor, Rep. Mike Carter, the bill targels a handful of communities and does not have statewide application because of the misconduct of these cormunities. In his proseniation of the bill to the House Finance, Ways and Means Committee, Rep. Carier stated, in pertinent part, as follows: *...[The bill has] gone from the entire state af Tennessee to [applying to] six communities... The rationale for that is these are the amexution areas that people fell were the most egregions....” Please rote that the above only represents a brief excompt [rom the dedate over the bill. In order to have a complete and full picture, 1 would encourage you to review the videotaped debate over the bill and view the original bill and amendments. I represent the City of Memphis, one of the targeted communities in this bill. Although it is true thal the City of Momphis has undertaken recent annexations, Memphis" actions wore authorized ander Tennessee law. In fact, in litigation on this very issue, a Tennessee court confirmed that Memphis’ actions were lawful. See, e.g., Silliman v, City of Memphis, 449 S.W 3d 440 (enn. Ct. App. 2014), appeal denied, 2014 Tem. LEXIS 920 (Tenn. 2014). In light of these facts, T would respectfully ask that your office, at the earliest possible convenience, respond to the following question: Is it lawful and constitutional to approve a law thal lakes CAPITOL JILL OFFICE 318 Wer Memoria! Building, Nashville IN 37248 (615) 741-1767, FAX (G15) 253-0857arguably punitive action against the Cit basis of revripution, some claim of mises the City’s lawful action? Sincerely, Of Sen. Lee Tlarris ce: Sea. ‘Thelma Harper Sen, Sara Kyle, Fisq. Sen. Reginald Tate Sea. Jeff Yarbro, lisq. Rep, Craig Fitzhugh, Esq. Rep. Mike Stewart, Esq. Enclosure: Silliman v. City of Memphis, 449 $.W.3d 440 (Tena. CL. App. 2014) opinion. CAPITOL HILL OFFICE 318 War Menosial Building, Nosbville, YN. 37243 (615) 741 767; BAK (615) 253.0357