Amends TCA Title 2; Title 4; Title 16; Title 17; Title 20; Title 27 and Title 29.

ON MAY 5, 2021, THE HOUSE ADOPTED AMENDMENT #2 AND PASSED HOUSE BILL 1130, AS AMENDED. AMENDMENT #2 rewrites this bill to create the court of special appeals of Tennessee, which will be composed of three judges, one from each grand division of the state. The qualifications for judges on the court of special appeals are being licensed to practice law in Tennessee and meeting the requirements of Article VI, Section 4 of the Constitution of Tennessee. Former members of the general assembly and former governors are ineligible to serve as a judge of the court of special appeals. The governor will appoint three persons to serve as judges of the court of special appeals and vacancies on the court of special appeals must be filled by the governor. Each judge of the court of special appeals will be subject to a statewide retention election. The initial terms of the judges begin on October 1, 2021. The compensation and travel expense/per diem allowance of the judges of the court of special appeals will be the same as that received by the judges of the court of appeals. When a judge of the court of special appeals is temporarily unable to perform the duties of office, the chief justice of the supreme court is authorized to assign an appellate or trial court judge, or retired judge, to serve such time as the chief justice may direct. In the case of a protracted absence, the governor may commission a person to fill the vacancy. Generally, the jurisdiction of the court of special appeals is appellate only. The court of special appeals, upon a proper motion by an aggrieved party, may review any case challenging the constitutionality of a state statute, an executive order, or an administrative rule that is brought against the state, a state department, a state agency, or any state official acting in their official capacity. The court of special appeals may review a declaratory judgment proceeding in which the attorney general and reporter intervenes on behalf of the state and requests the court to certify the appeal of a judgment in the proceeding on the issue of constitutionality (permission to appeal any such declaratory judgment proceeding requires the approval of both the court of special appeals and the trial court). The court of special appeals has original jurisdiction over any case challenging a statute that apportions or redistricts state legislative or congressional districts. The court of special appeals has the discretion whether or not to hear an appeal. Review by the court of special appeals is de novo. In a declaratory judgment action that is under appeal to the court of special appeals, the trial court maintains jurisdiction over the remainder of the case and is required to enter a stay in proceedings until the court of special appeals or the supreme court has ruled on the issue certified. The full text of this amendment specifies procedures for expedited review by the court of special appeals. Generally, the court of special appeals will sit in the supreme court buildings in Knoxville, Nashville, and Jackson, and shall hear, try, and dispose of any proceeding before the court as a three-judge panel. The judges of the court of special appeals shall choose one of the court's judges as presiding judge of the court of special appeals. After selection of the presiding judge at the first meeting of the court, the court of special appeals shall adopt rules governing the terms and elections of subsequent presiding judges of the court. This amendment required the clerks and marshals of the supreme court to act and be the clerks and marshals of the court of special appeals. The appeal fees and court costs in the court of special appeals must be the same as authorized by law, and neither the clerks and marshals shall not receive any additional compensation for their services as clerks and marshals of the court of special appeals. The full text of this amendment details various procedural matters for the court of special appeals, such as: filing and docketing of cases; transfer of cases; court rules; and authorization to grant writs. This bill requires the state to provide each judge of the court of special appeals a furnished office space in the county of the judge's residence by the state, an assistant, and two law clerks. This amendment requires that any case challenging apportionment or redistricting must be filed with the court of special appeals. This amendment prohibits the court of special appeals or the supreme court from imposing a substitute plan for a plan enacted by the general assembly apportioning or redistricting state legislative or congressional districts until the court first gives the general assembly at least 15 days to remedy any defects identified by the court. If the general assembly does not enact a new plan within the time set by the court, then the court of special appeals or supreme court, as applicable, may impose an interim districting plan for use only in the next election cycle, provided the interim districting plan differs from the districting plan enacted by the general assembly only to the extent necessary to remedy any defects identified by the court. A party in an action challenging a statute that apportions or redistricts state legislative or congressional districts that is dissatisfied with the final judgment of the court of special appeals may appeal to the supreme court, as a matter of right, within 10 days from the entry of the judgment of the court. A case for which the court of special appeals has jurisdiction that is pending on October 1, 2021, must be conducted pursuant to this amendment. On or after October 1, 2021, the court of appeals will not have jurisdiction to determine any issues falling within the jurisdiction of the court of special appeals. For purposes of nominating and appointing judges of the court of special appeals, this amendment's provisions take effect upon becoming a law. For all other purposes, this amendment's provisions take effect October 1, 2021. ON MAY 5, 2021, THE SENATE SUBSTITUTED HOUSE BILL 1130 FOR SENATE BILL 868, ADOPTED AMENDMENT #2, AND PASSED HOUSE BILL 1130, AS AMENDED. AMENDMENT #2 rewrites this bill to create a new trial court, the statewide chancery court, composed of three chancellors, of whom no more than one shall reside in each grand division of the state. The chancellors of the statewide chancery court will be appointed and elected in the same manner as provided by present law for trial court judges, except that the judicial district for each chancellor is the state of Tennessee and each chancellor must be elected in a statewide election. The governor will appoint the initial three chancellors, who will serve until August 31, 2022, or until their successor is elected and qualified. The initial election of the chancellors will occur at the August 2022 general election and every eight years thereafter. The candidates for chancellor of the statewide chancery court will be nominated by their respective political parties in primary elections. The statewide chancery court will have exclusive original jurisdiction over any civil cause of action that: (1) Challenges the constitutionality of a state statute, an executive order, or an administrative rule or regulation; (2) Includes a claim for declaratory judgment or injunctive relief; and (3) Is brought against the state or a state department, agency, or official acting in their official capacity. An action described in the immediately preceding (1)-(3) that is filed in a court other than the statewide chancery court must be dismissed without prejudice the statute of limitation for such an action tolled for 30 days to allow the plaintiff to timely file such action in the statewide chancery court. This amendment also gives the statewide chancery court original exclusive jurisdiction, upon motion by the attorney general and reporter, over any civil case in which the complaint meets each of the following criteria: (1) Challenges the constitutionality of an action taken by a state official or a person acting on behalf of a state official; (2) Includes a claim for declaratory judgment or injunctive relief; and (3) Is brought against the state, a state department or agency, or a state official acting in their official capacity. This amendment requires any circuit or chancery court to, upon motion of the attorney general and reporter, certify to the statewide chancery court a question of law in any civil case that meets each of the following criteria: (1) The complaint or any responsive pleading challenges the constitutionality of a state statute, an executive order, or an administrative rule issued by a state agency; (2) The complaint or any responsive pleading includes a claim for declaratory judgment or injunctive relief or the constitutional issue is raised as a defense; and (3) The complaint does not name as a party the state, a state department or agency, or a state official acting in their official capacity. In any case in which the attorney general and reporter has moved to certify a question of law, no judgment shall issue from the originating court without a ruling on the constitutional question of law from the statewide chancery court. During the period in which the statewide chancery court addresses a certified question, jurisdiction over the case otherwise remains in the originating circuit or chancery court. The originating circuit or chancery court may not rule upon the certified question of law after the attorney general and reporter has moved to certify the question. If the originating circuit or chancery court has already ruled upon the certified question of law at the time the attorney general and reporter moves to certify the question, the originating court's ruling is vacated and the statewide chancery court shall consider the question de novo. This amendment generally gives the court of appeals jurisdiction over appeals from the decisions of the statewide chancery court. Any appeal of a decision of the statewide chancery court concerning a redistricting plan must be made directly to the supreme court. This amendment does not create a cause of action independent of existing law and does not waive the defense of sovereign immunity where that defense applies. This amendment does not affect the present law procedures and remedies for disputed taxes. The statewide chancery court will sit in the supreme court buildings in Knoxville, Nashville, and Jackson, unless a location is otherwise designated by the supreme court, and shall hear, try, and dispose of the action as a three-judge panel. In the event of a disagreement among the chancellors, the opinion of the majority prevails. If a chancellor is recused from a case, the supreme court will appoint another elected trial judge from the same grand division to serve by interchange. The chancellors shall select their own presiding judge. The chancellors of the statewide chancery court will appoint a clerk and master for the court. The full text of this amendment specifies a process for the statewide chancery court to use when considering a challenge to a redistricting plan. The process includes a prohibition against the court imposing a substitute plan without first giving the general assembly at least 15 days to remedy any defects in the plan being challenged. This amendment moves the venue for review of agency declaratory orders and suits for declaratory judgment under the Uniform Administrative Procedures Act from the Davidson County Chancery Court to the statewide chancery court. Any case for which the statewide chancery court has jurisdiction that is pending on October 1, 2021, must be transferred to the statewide chancery court, upon motion by the attorney general. For the purpose of appointing the initial chancellors of the statewide chancery court, this amendment's provisions take effect upon becoming a law. For all other purposes, this amendment's provisions take effect October 1, 2021. ON MAY 5, 2021, THE HOUSE NONCONCURRED IN SENATE AMENDMENT #2. ON MAY 5, 2021, THE SENATE REFUSED TO RECEDE FROM ITS ACTION IN ADOPTING SENATE AMENDMENT #2. ON MAY 5, 2021, THE HOUSE REFUSED TO RECEDE FROM ITS NONCONCURRENCE IN SENATE AMENDMENT #2 AND APPOINTED A CONFERENCE COMMITTEE. ON MAY 5, 2021, THE SENATE APPOINTED A CONFERENCE COMMITTEE. ON MAY 5, 2021, THE HOUSE ADOPTED THE CONFERENCE COMMITTEE REPORT AND MADE IT THE ACTION OF THE HOUSE. ON MAY 5, 2021, THE SENATE ADOPTED THE CONFERENCE COMMITTEE REPORT AND MADE IT THE ACTION OF THE SENATE.