Tennessee Senate Bill SB0487

Tennessee 2023-2024 Regular Session

• Introduced: 1/25/23
• Chaptered: 4/18/23
• Passed: 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 enactment of SB 0487 is set to impact how legal representation is structured within the Tennessee government, especially in cases involving federal governance. By providing the legislative leadership the authority to engage lawyers for essential state actions, the bill is positioned to enhance Tennessee's legal capabilities in federal disputes, streamlining processes for state interests while attempting to safeguard budgetary constraints.

Summary

Senate Bill 0487 focuses on amending Tennessee Code Annotated, specifically Section 8-6-106, regarding the retention of legal counsel to represent the state in actions against the federal government. The bill empowers the speakers of the House of Representatives and the Senate to hire additional legal counsel deemed necessary for state interests, particularly in litigation against federal authorities. This step is intended to ensure that the state is adequately represented in federal legal matters without incurring additional fixed or contingent fees that would raise state expenditures.

Sentiment

Discussions around the bill were largely supportive among legislators who view it as a necessary tool for improving state representation in federal legal matters. Proponents express confidence that this measure is vital for protecting Tennessee's rights and interests at the federal level. Conversely, opposition may arise from concerns regarding potential overreach or the implications of increased legal actions against the federal government, suggesting a cautious view among some stakeholders.

Contention

Notable contention surrounding SB 0487 may stem from differing perceptions of the necessity and implications of appointing additional counsel. Critics could argue that the provision to hire extra legal representatives represents a shift in the balance of power between state and federal authorities, which might lead to conflicts. The stipulation preventing the payment of fixed or contingent fees is designed to address fiscal concerns, yet may not entirely alleviate apprehensions regarding potential expansion of state litigation efforts.