Tennessee Senate Bill SB2588

Tennessee 2023-2024 Regular Session

• Introduced: 1/31/24
• Engrossed: 4/4/24
• Enrolled: 4/24/24
• Passed: 5/6/24
• Chaptered: 5/13/24

Caption

AN ACT to amend Tennessee Code Annotated, Title 62 and Title 63, relative to advisory opinions.

Impact

The impact of SB 2588 is significant as it would formalize the process through which advisory opinions are issued by state entities, potentially leading to increased transparency and guidance for regulated individuals. By mandating that these rulings be provided, it addresses the uncertainty that may currently exist regarding compliance with state regulations. Importantly, it empowers individuals to seek clarification directly from their regulatory bodies, fostering a more informed approach to compliance.

Summary

Senate Bill 2588 seeks to amend Tennessee Code Annotated, specifically Titles 62 and 63, to establish procedures for issuing advisory private letter rulings by state entities attached to regulatory boards. This legislation allows individuals licensed or registered by these entities to request advisory opinions regarding certain matters within the jurisdiction of the state boards. It stipulates that the private letter rulings are applicable only to the individual making the inquiry and do not set precedent for future cases or inquiries. The bill aims to clarify the rules surrounding advisory opinions, making it easier for individuals to navigate regulations applicable to their licenses or certifications.

Sentiment

The overall sentiment surrounding SB 2588 appears supportive, particularly from those who see value in enhancing communication between regulated individuals and their respective boards. Proponents argue that the bill could alleviate confusion about regulatory requirements and improve the relationship between state agencies and the professionals they oversee. However, there may be concerns regarding the implications of having such advisory rulings with limited precedential value, which could limit broader applicability in future cases.

Contention

Notable points of contention in SB 2588 revolve around the balance between regulatory clarity and the flexibility of state entities. While the bill seeks to provide clearer guidelines, some critics may question whether restricting the applicability of private letter rulings could result in inconsistent interpretations of regulations across different cases. Additionally, there is concern about the potential fees associated with obtaining these advisory rulings, which might disproportionately affect smaller professionals or those in less profitable fields.