TN Senate Bill 436 / TN House Bill 558

BILL SUMMARY

Also, known as the Legislator Standing Bill, this bill allows the Legislature, either by the majority of both chambers or by approval by both Speakers, to do the following:

  • Initiate lawsuits against local governments to challenge local ordinances that violate state law or compel compliance with state law
  • Initiate lawsuits that challenge the constitutionality or application of federal laws
  • Intervene in lawsuits in which the constitutionality or interpretation of a state or federal law is at issue.

Any action taken under this bill will be indemnified by the state.

BILL ANALYSIS

Currently, the Legislature has no voice in the courtroom if the attorney general:

  • Refuses to take legal action to enforce a state law or challenge a federal law or,
  •  In a pending action in which private parties are seeking to have current law held unconstitutional or reinterpreted, takes a position inconsistent with or contrary to the will and intent of the Legislature.

This bill will help the Legislature defend and enforce its laws and protect itself from unconstitutional mandates under federal law or require the federal government to comply with its mandates.

BILL SPONSORS

Watson in the Senate, Carter in the House

TRACK THIS BILL

Full Text: Senate Bill / House Bill

BILL STATUS

Check back to find out the status of this bill.