Amends TCA Title 8, Chapter 6.
Under this bill, notwithstanding the present law provisions governing the duties of the attorney general or the employment of additional counsel, the speaker of the house of representatives and the speaker of the senate, jointly, or a majority of the members of both houses of the general assembly may intervene in any proceeding to:<br /> <br /> (1) Defend the constitutionality of a challenged statute;<br /> (2) Assert the general assembly's legislative authority pursuant to the state constitution; or <br /> (3) Advocate for a construction of a statute that is different from that advocated in the proceeding by the attorney general and reporter or the district attorney general.<br /> <br /> This bill specifies that the right to intervene will continue notwithstanding some or all of the initial intervenors no longer being members of the general assembly, so long as a majority of the members of both houses of the general assembly, then elected, intervened, or the two speakers, having intervened, are still intervenors. Any member elected to the office previously held by a member intervenor may be substituted in place of that member upon proper notice to the court of the new member's intention and desire to be substituted. Additionally, any person elected to the general assembly whose predecessor was not an intervenor, may join the intervenors upon giving proper notice to the court of the new member's intention and desire to intervene. <br /> <br /> This bill further specifies that the speakers and the general assembly at all times act as an agent of the people of the state, and the state must indemnify the speakers and general assembly for any costs and expenses associated with any action authorized by this bill, to be paid out of money in the state treasury not otherwise appropriated, upon the certification of the speakers to the commissioner of finance and administration. <br /> <br />
Under this bill, notwithstanding the present law provisions governing the duties of the attorney general or the employment of additional counsel, the speaker of the house of representatives and the speaker of the senate, jointly, or a majority of the members of both houses of the general assembly may intervene in any proceeding to:<br /> <br /> (1) Defend the constitutionality of a challenged statute;<br /> (2) Assert the general assembly's legislative authority pursuant to the state constitution; or <br /> (3) Advocate for a construction of a statute that is different from that advocated in the proceeding by the attorney general and reporter or the district attorney general.<br /> <br /> This bill specifies that the right to intervene will continue notwithstanding some or all of the initial intervenors no longer being members of the general assembly, so long as a majority of the members of both houses of the general assembly, then elected, intervened, or the two speakers, having intervened, are still intervenors. Any member elected to the office previously held by a member intervenor may be substituted in place of that member upon proper notice to the court of the new member's intention and desire to be substituted. Additionally, any person elected to the general assembly whose predecessor was not an intervenor, may join the intervenors upon giving proper notice to the court of the new member's intention and desire to intervene. <br /> <br /> This bill further specifies that the speakers and the general assembly at all times act as an agent of the people of the state, and the state must indemnify the speakers and general assembly for any costs and expenses associated with any action authorized by this bill, to be paid out of money in the state treasury not otherwise appropriated, upon the certification of the speakers to the commissioner of finance and administration. <br /> <br />
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Dunn, Bill
111th General Assembly
January 28, 2019
May 27, 2020
Taken off notice for cal in s/c Civil Justice Subcommittee of Judiciary Committee