HB2574112th GA (Historical)Introduced

Amends TCA Title 3 and Title 4.

This bill creates the committee on federalism, consisting of the following 10 members: (A) The speaker of the senate and the speaker of the house of representatives, who serve as co-chairs of the committee; (B) Four members from the senate as appointed by the speaker of the senate, one of whom is a member of the minority party; and (C) Four members from the house of representatives as appointed by the speaker of the house of representatives, one of whom is a member of the minority party. The speakers will appoint members based on knowledge of and experience with the United States' and this state's constitutions. This bill authorizes the committee to receive input, advice, and assistance from interested and affected parties who are not members of the general assembly. The committee will: (1) Monitor and review federal acts, laws, orders, and regulations that may impact the jurisdiction, governance, and sovereignty of this state; (2) Review federal actions that may exceed the enumerated powers in the United States Constitution or that violate the sovereignty of the state or the people, to determine if the federal action is unconstitutional. The committee will consider the plain language of the United States Constitution and the original intent in making the determination; and (3) Advise the general assembly of its findings and recommendations annually on or before December 15. Under this bill, if the committee determines by majority vote that a federal action is an unconstitutional action, the committee will report the determination to the speaker of the senate and the speaker of the house during the current session of the legislature, or the next regular or special session of the legislature. Each house of the legislature will vote on whether, in the opinion of the legislature, the federal action is unconstitutional. The determination will be made in the form of a bill, which requires an affirmative vote of a majority of all the members elected to each house. After becoming law as specified in the Constitution of Tennessee, the bill takes effect on the date specified in the bill. This bill states that a federal action determined, in the opinion of the legislature, to be an unconstitutional action, will have no legal effect in this state and will not be recognized by this state or a political subdivision of this state as having legal effect. This bill prohibits a state agency, political subdivision, elected or appointed state official or employee, or official or employee of a political subdivision from implementing or enforcing a federal action determined, in the opinion of the legislature, to be an unconstitutional action. This bill also prohibits the state or a political subdivision of the state from spending public money or resources or incur public debt to implement or enforce a federal action determined, in the opinion of the legislature, to be unconstitutional. This bill requires the committee to meet at least twice a year. Members of the committee will serve without additional compensation, however, when engaged in the conduct of their official duties, will be entitled to reimbursement for travel expenses.

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Overview

This bill creates the committee on federalism, consisting of the following 10 members: (A) The speaker of the senate and the speaker of the house of representatives, who serve as co-chairs of the committee; (B) Four members from the senate as appointed by the speaker of the senate, one of whom is a member of the minority party; and (C) Four members from the house of representatives as appointed by the speaker of the house of representatives, one of whom is a member of the minority party. The speakers will appoint members based on knowledge of and experience with the United States' and this state's constitutions. This bill authorizes the committee to receive input, advice, and assistance from interested and affected parties who are not members of the general assembly. The committee will: (1) Monitor and review federal acts, laws, orders, and regulations that may impact the jurisdiction, governance, and sovereignty of this state; (2) Review federal actions that may exceed the enumerated powers in the United States Constitution or that violate the sovereignty of the state or the people, to determine if the federal action is unconstitutional. The committee will consider the plain language of the United States Constitution and the original intent in making the determination; and (3) Advise the general assembly of its findings and recommendations annually on or before December 15. Under this bill, if the committee determines by majority vote that a federal action is an unconstitutional action, the committee will report the determination to the speaker of the senate and the speaker of the house during the current session of the legislature, or the next regular or special session of the legislature. Each house of the legislature will vote on whether, in the opinion of the legislature, the federal action is unconstitutional. The determination will be made in the form of a bill, which requires an affirmative vote of a majority of all the members elected to each house. After becoming law as specified in the Constitution of Tennessee, the bill takes effect on the date specified in the bill. This bill states that a federal action determined, in the opinion of the legislature, to be an unconstitutional action, will have no legal effect in this state and will not be recognized by this state or a political subdivision of this state as having legal effect. This bill prohibits a state agency, political subdivision, elected or appointed state official or employee, or official or employee of a political subdivision from implementing or enforcing a federal action determined, in the opinion of the legislature, to be an unconstitutional action. This bill also prohibits the state or a political subdivision of the state from spending public money or resources or incur public debt to implement or enforce a federal action determined, in the opinion of the legislature, to be unconstitutional. This bill requires the committee to meet at least twice a year. Members of the committee will serve without additional compensation, however, when engaged in the conduct of their official duties, will be entitled to reimbursement for travel expenses.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 2, 2022

Subjects
194543152300

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HB2574: Amends TCA Title 3 and Title 4. | LegisGo