Amends TCA Title 3 and Title 4.

EVALUATION OF FEDERAL ACTION This bill contemplates the review of any federal action to determine whether the action is an unconstitutional federal action. When evaluating a federal action, the general assembly must consider the plain reading and reasoning of the text of the U.S. Constitution and the understood definitions at the time of the framing and construction of the U.S. Constitution by the framers before making a final declaration of constitutionality, as demonstrated by: (1) The ratifying debates in the several states; (2) The understanding of the leading participants at the constitutional convention; (3) The understanding of the doctrine in question by the constitutions of the several states in existence at the time the U.S. Constitution was adopted; (4) The understanding of the U.S. Constitution by the first U.S. congress; (5) The opinions of the first chief justice of the U.S. supreme court; (6) The background understanding of the doctrine in question under the English Constitution of the time; and (7) The statements of support for natural law and natural rights by the framers and the philosophers admired by the framers. As used in this bill, "federal action" includes federal law; a federal agency rule, policy, or standard; an executive order of the president of the U.S.; an order or decision of a federal court; and the making or enforcing of a treaty; and "unconstitutional federal action" means a federal action enacted, adopted, or implemented without authority specifically delegated to the federal government by the people and the states through the U.S. Constitution. This bill declares that federal laws, federal executive actions, and federal court opinions must comply with the jurisdictional limitations of the U.S. Constitution. It is further declared that any federal action outside the enumerated powers set forth in the U.S. Constitution are in violation of the peace and safety of the people of this state, and therefore, such acts are declared void and must be resisted. NULLIFICATION This bill provides that one proper manner of resistance is a state action of nullification of the federal action. Nullification is the process whereby this state makes an official declaration that: (1) A specific federal action has exceeded the authority in the U.S. Constitution; (2) Such action, as being ultra vires, is not recognized as valid in this state; (3) Such action, as being ultra vires, is null and void in this state; (4) An officeholder, agency, or government employee, whether state, county, or city, serving under the authority of the Constitution of Tennessee, must not assist in any attempted enforcement of such federal action; and (5) State or local funds collected under the authority of the Constitution of Tennessee must not be used to assist in any attempted enforcement of such federal action. This bill provides that the general assembly has sole authority to prescribe the crimes, penalties, fines, or other consequences of the violation of a bill of nullification by any person found within the boundary of this state. However, such consequences must be specified in the bill of nullification before a final vote is taken on its passage. METHODS OF NULLIFICATION This bill authorizes state nullification of federal action to be accomplished in the following ways: (1) The governor may, by the governor's own executive authority, issue an executive order nullifying the same, whereby all executive departments of the state are bound by said order; (2) Any member of the general assembly may introduce a bill of nullification in the general assembly. For any such proposed bill of nullification, the bill is not subject to debate or passage in committees, and proceeds directly to the floor of each house. Each house must give its members notice of five legislative days before the bill is scheduled for debate on the respective floor for purposes of amendments thereto in accordance with house rules, as applicable, including amendments that provide penalties or punitive measures to ensure compliance with the bill by state and local governmental departments, agencies, and officers. Within five legislative days after such period of notice, the bill must be scheduled for debate on the floor of each house, and within three legislative days after the debate is closed, must be presented for a vote on each floor. The bill, if passed in the same manner as other general law, has the force and effect of law, and becomes effective immediately upon enactment. The time constraints listed in this (2) may be changed by majority vote of any house of subsequent general assemblies; (3) Any court operating under the authority of the Constitution of Tennessee may render a finding or a holding of nullification in any case in which it otherwise has proper venue and jurisdiction, wherein the parties to said case will, upon final judgment, be bound thereby in the same manner as in other cases; (4) Any combination of 10 counties and municipalities may, through the action of the executive or through the action of a majority of the governing legislative body, submit a petition of nullification to the speaker of the house of representatives, with a copy to the office of the attorney general, and upon satisfactory proof that said petitions are valid, the speaker of the house of representatives must proceed to introduce the bill and follow the same methods and protocols as described in (2) above; and (5) The signed petitions of 2,000 registered voters of this state may submit signed petitions of nullification to the speaker of the house of representatives, with a copy to the office of the attorney general, and upon satisfactory proof that said signatures are valid, the speaker of the house of representatives must proceed to introduce the bill and follow the same methods and protocols as described in (2) above. Such voter petitions must not be submitted individually, but said petitions must be coordinated and compiled in batches, by county of voter registration, of not less than 25 voters per county in a bundled batch. MISCELLANEOUS This bill requires the result of the roll call vote on each house floor to be published in the official records of each house and disseminated to the people in the same manner as with other bills. This bill provides that the procedures contained in this bill are available to challenge any federal action, whether such action is past, present, or future. A bill of nullification must not be rejected because of any perceived statute of limitation or because said federal action was taken in the distant past. Any federal action may be considered, or reconsidered, as the people or their representatives may think proper. This bill requires, regarding the same federal action, a bill of nullification to not be considered by the general assembly more than once each legislative session. If such bill fails, then it may be considered again in any succeeding year, but not more than once per year. If such bill is enacted, then the bill becomes the law of this state. This bill provides that formal pleadings or petitions are not required for a bill of nullification. It is sufficient if the pleading or petition is in substantially the form as set out in the bill.