Senate panel advances SB2028 to clarify state control over hunting and fishing; committee adopts amendment

The Senate Energy, Agriculture & Natural Resources Committee adopted an amendment and voted to advance Senate Bill 2028, which clarifies that state law governs the taking of wildlife (including hunting and fishing) and precludes local ordinances from regulating those activities in a way that conflicts with state authority.

Vice Chair Roger Lowe, explaining the bill on the committee floor, said the legislation reasserts long-held state authority over hunting and fishing and that the amendment was added to make explicit that the bill does not change criminal safety laws such as restrictions on discharging firearms, offsets from structures, or school-zone limitations. Lowe said the measure grew out of a municipal court case in Sweetwater in which local ordinance enforcement conflicted with hunters’ expectations under state regulations.

Several senators asked how the bill would affect dense urban areas and school zones. Lowe and witnesses said existing criminal statutes (cited during testimony as TCA 39-13-103 and related provisions) would continue to apply, and that in practice safety restrictions and offsets already limit hunting inside populated areas. Horace Tipton of the Tennessee Wildlife Federation told the committee that the bill seeks to codify the Fish and Wildlife Commission’s exclusive jurisdiction over the manner and means of taking wildlife and cited an attorney-general opinion (identified in testimony as "10102") that, in the federation's view, preserves local enforcement of state criminal laws related to reckless discharge.

Senator Campbell noted opposition from the Tennessee Municipal League, calling the bill a partial taking of local control and urging clarity about offsets and public-safety limits. Supporters and counsel responded that the bill is intended to provide consistent statewide regulation while leaving criminal enforcement for public safety in place.

The committee recorded a roll-call vote on the calendar motion: Senators Bolling, Harshbarger, Lowe, Pote, Seal and Chairman Reeves voted Aye; Senators Campbell and Oliver voted No; total recorded result: 7 Aye, 2 No. The bill goes to the calendar for further consideration.

The committee accepted testimony from Tennessee Wildlife Federation and TWRA representatives during the hearing; no amendments beyond the adopted whereas/clarifying language were added at the table.