Tennessee House Bill HB0038

Tennessee 2023-2024 Regular Session

• Introduced: 1/9/23
• Refer: 1/12/23
• Refer: 2/7/23
• Refer: 2/15/23
• Engrossed: 2/28/23
• Enrolled: 3/21/23
• Passed: 4/6/23
• Chaptered: 4/18/23

Caption

AN ACT to amend Tennessee Code Annotated, Section 8-6-106, relative to the retention of counsel to prosecute actions on behalf of the state.

Impact

The bill's passage is designed to consolidate the state legislature's ability to address legal actions against the federal government, thereby potentially influencing the way state legal strategies are employed. By invoking the authority to hire additional counsel, the state can respond more swiftly and robustly to federal issues that may arise, permitting more strategic legal maneuvering in the courts. The act is expected to foster a more proactive legislative approach to federal matters and safeguard state interests.

Summary

House Bill 0038 aims to amend Tennessee Code Annotated, specifically Section 8-6-106, to allow the speakers of the house and senate to retain additional counsel for prosecuting actions on behalf of the state against the federal government. The novel provision requires that the representation does not include paying fixed or contingent fees to the counsel, thereby ensuring that state expenditures do not increase. The bill reflects an intention to enhance the state's capability to challenge federal actions effectively when deemed necessary by legislative leaders.

Sentiment

The sentiment surrounding HB 0038 appears largely favorable among the majority of legislators, with a vote of 24 in favor against 7 opposed. Supporters believe that this legislative change is crucial for asserting the rights of the state against federal overreach and securing strong representation in legal disputes. However, there may be concerns from the minority regarding the implications of allowing such discretion to the speakers and the potential for increased legal expenditures in terms of hiring outside counsel, despite the bill's language aiming to avoid this.

Contention

Notable points of contention around HB 0038 may arise from the balance of power and the potential transition of legal authority within the state legislature. Opponents may argue that allowing the legislative speakers to unilaterally decide when to hire counsel might lead to an overreach of authority, allowing for politically motivated legal actions. Additionally, the measures taken to ensure that costs do not escalate may also raise questions about the oversight and transparency of the decision-making process for such legal retentions.