General Assembly - As introduced, enacts the "Restoring State Sovereignty Through Nullification Act," which establishes processes by which the general assembly may nullify an unconstitutional federal statute, regulation, agency order, or executive order. - Amends TCA Title 3 and Title 4.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For HB0726Date
    Sponsor(s) Added.08/21/2023
    Sponsor(s) Added.03/23/2023
    Taken off notice for cal. in State Government Committee03/22/2023
    Sponsor(s) Added.03/16/2023
    Sponsor(s) Added.03/15/2023
    Placed on cal. State Government Committee for 3/22/202303/15/2023
    Action def. in State Government Committee to 3/22/202303/15/2023
    Placed on cal. State Government Committee for 3/15/202303/08/2023
    Sponsor(s) Added.03/08/2023
    Rec. for pass by s/c ref. to State Government Committee03/07/2023
    Sponsor(s) Added.03/07/2023
    Sponsor(s) Added.03/02/2023
    Placed on s/c cal Public Service Subcommittee for 3/7/202303/01/2023
    Sponsor(s) Added.02/17/2023
    Assigned to s/c Public Service Subcommittee02/01/2023
    P2C, ref. to State Government Committee02/01/2023
    Intro., P1C.01/30/2023
    Filed for introduction01/27/2023
    Actions For SB1092Date
    Failed in Senate State and Local Government Committee - no second03/21/2023
    Placed on Senate State and Local Government Committee calendar for 3/21/202303/14/2023
    Action deferred in Senate State and Local Government Committee to 3/21/202303/14/2023
    Placed on Senate State and Local Government Committee calendar for 3/14/202303/07/2023
    Passed on Second Consideration, refer to Senate State and Local Government Committee02/06/2023
    Introduced, Passed on First Consideration02/02/2023
    Filed for introduction01/31/2023
  • No amendments for HB0726.
    No amendments for SB1092.

  • Videos containing keyword: HB0726

  • Fiscal Summary

    Other Fiscal Impact - The precise increase in local expenditures, if any, is dependent on the number of petitions filed and number of signatures on such petitions and cannot be reasonably determined.


    Bill Summary

    This bill contemplates the review of any federal action to determine whether the action is a federal action enacted, adopted, or implemented without authority specifically delegated to the federal government by the people and the states through the United States Constitution ("an unconstitutional federal action"). When evaluating a federal action, this bill requires the general assembly to consider the plain reading and reasoning of the text of the United States Constitution and the understood definitions at the time of the framing and construction of the 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 United States Constitution was adopted;

    (4) The understanding of the United States Constitution by the first United States congress;

    (5) The opinions of the first chief justice of the United States 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.

    NULLIFICATION AS OFFICIAL DECLARATION OF THIS STATE

    Pursuant to this bill, nullification is the process whereby this state makes an official declaration of the following:

    (1) A specific federal action has exceeded the prescribed authority under the United States Constitution;

    (2) That said action, as being ultra vires, will not be recognized as valid within the bounds of this state;

    (3) That said action, as being ultra vires, is null and void in this state;

    (4) That an officeholder, agency, or government employee, whether state, county, or city, serving under the authority of the Constitution of Tennessee shall not assist in any attempted enforcement of said federal action; and

    (5) That state or local funds collected under the authority of the Constitution of Tennessee shall not be used to assist in any attempted enforcement of said federal action.

    REMEDIES DETERMINED SOLELY BY THE GENERAL ASSEMBLY

    This bill further 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, and that such consequences must be specified in the bill of nullification before a final vote is taken on its passage.

    METHODS OF STATE NULLIFICATION

    Pursuant to this bill, state nullification of federal action may be accomplished in any of 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, where the bill must, within five legislative days, be scheduled for debate on the floor of each house, and thereafter, within three legislative days after the debate is closed, must be presented for a roll call 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 of 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 reporter, and upon satisfactory proof that said petitions are valid, the speaker of the house of representatives is required to proceed to introduce the bill and follow the same methods and protocols as described in (2); and

    (5) The signed petitions of 2,000 registered voters of this state may submit a petition of nullification to the speaker of the house of representatives, with a copy to the office of the attorney general and reporter, and upon satisfactory proof that said signatures are valid, the speaker of the house of representatives is required to proceed to introduce the bill and follow the same methods and protocols as described in (2). However, voter petitions must not be submitted individually, but must be coordinated and compiled in batches, by county of voter registration, of at least 25 voters per county in a bundled batch.

    COMMITTEE ACTIONS

    Before conducting a roll call vote on the floor of each house of the general assembly, this bill authorizes the several committees of the general assembly to debate any bill of nullification, express its approval or disapproval, and add any penalty for violations of the bill. The results of all committee actions, as well as the result of the roll call vote on each house floor, must be published in the official records of each house and disseminated to the people in the same manner as with other bills.

    LIMIT OF REVIEW

    The procedures contained in this bill are available to challenge any federal action, whether said action is past, present, or future. This bill prohibits a bill of nullification from being rejected because of any perceived statute of limitation or because said federal action was taken in the distant past. This bill authorizes any federal action to be considered, or reconsidered, as the people or their representatives may think proper.

    Regarding the same federal action, this bill prohibits a bill of nullification from being considered by the general assembly more than once each year. If the bill fails, then it may be considered again in any succeeding year, but not more than once per year. If the bill passes, then the provisions of this bill describing nullification become the law of this state.

    FORM OF PLEADING OR PETITION

    This bill does not require formal pleading or petitions for a bill of nullification; it is sufficient if the pleading or petition is substantially in the form set forth in the full text of this bill.

  • FiscalNote for HB0726/SB1092 filed under HB0726
  • House Floor and Committee Votes

              HB0726 by Hulsey - HOUSE PUBLIC SERVICE SUBCOMMITTEE:
    Rec. for pass by s/c ref. to State Government Committee 3/7/2023
              Voice Vote - Ayes Prevail

    Senate Floor and Committee Votes

    Votes for Bill SB1092 by the Senate are not available.