Tennessee 2025-2026 Regular Session

Tennessee House Bill HB1341 Compare Versions

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Version 2 (New)

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4		-	~tate of utennessee
5		-	PUBLIC CHAPTER NO. 152
6		-	HOUSE BILL NO. 1341
7		-	By Representatives Lamberth, Cochran, Farmer, Powers
8		-	Substituted for: Senate Bill No. 1050
9		-	By Senator Jackson
10		-	AN ACT to amend Tennessee Code Annotated, Title 48, relative to unauthorized filings
11		-	with the secretary of state.
	1	+
	2	+	SENATE BILL 1050
	3	+	By Stevens
	4	+
	5	+	HOUSE BILL 1341
	6	+	By Lamberth
	7	+
	8	+
	9	+	HB1341
	10	+	003197
	11	+	- 1 -
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	13	+	AN ACT to amend Tennessee Code Annotated, Title 48,
	14	+	relative to unauthorized filings with the secretary of
	15	+	state.
	16	+
12	17		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
13	18		SECTION 1. Tennessee Code Annotated, Title 48, is amended by adding the following
14	19		as a new chapter:
15	20		48-251-101. Chapter definitions.
16	21		As used in this chapter, unless the context otherwise requires:
17	22		(1) "Person" means a natural person; and
18	23		(2) "Secretary of state" or "secretary" means the secretary of state or the
19	24		secretary of state's authorized representative or designee.
20	25		48-251-102. Complaint.
21	26		(a) A person who contends that the person's name or address was included on a
22	27		document filed with the secretary of state under this title or title 61 without the person's
23	28		consent may file a complaint with the secretary of state concerning the document.
24	29		(b) A complaint submitted pursuant to subsection (a) must include:
25	30		(1) A description of the document filed with the secretary of state that
26	31		contains the person's name or address;
27	32		(2) The name, street address, telephone number, and email address, if
28	33		available, of the person filing the complaint;
29	34		(3) The name and control number assigned by the secretary of state for
30	35		each business entity associated with the challenged document, if known to the
31	36		person making the complaint;
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32	41		(4) Information, if known to the person making the complaint, identifying
33	42		each person involved in the challenged document, including names, street
34	43		addresses, telephone numbers, and email addresses;
35	44		(5) Information, if known to the person making the complaint, identifying
36	45		the nature of any business or personal relationship between the person making
37	46		the complaint and each person involved in the filing of the challenged document;
38	47		and
39	48		(6) A statement, under penalty of perjury, by the person making the
40	49		complaint that the person believes in good faith that the facts stated in the
41	50		complaint are true and that the complaint complies with this section.
42	51		(c) The secretary of state may create a form that a person may use to submit a
43	52		complaint under this section.
44		-	48-251-103. Notice of complaint -Response. ~~HB1341~~
	53	+	48-251-103. Notice of complaint – Response.
45	54		(a) If the secretary of state determines that the complaint does not comply with §
46	55		48-251-102, then the secretary of state must dismiss the complaint and notify the person
47	56		who submitted the complaint. The notification must be sent no later than ten (10)
48	57		business days after the secretary of state receives the complaint. The notification must
49	58		state why the complaint does not comply with § 48-251-102.
50	59		(b) If the secretary of state determines that a complaint complies with § 48-251-
51	60		102, then no later than ten (10) business days after the secretary of state receives the
52	61		complaint, the secretary of state must send notice of the complaint to all physical
53	62		addresses that the business entity listed in the complaint has on file with the secretary of
54	63		state, including the street address, registered office, principal office, and mailing
55	64		address, if different, and to the email address that the business entity listed in the
56	65		complaint has on file with the secretary of state. The secretary of state's notice of the
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57	70		complaint must include a copy of the complaint and information regarding how a
58	71		response may be filed under this section.
59		-	(c) A person responding to the notice of the complaint may file a written response
60		-	no later than twenty-one (21) business days after the secretary of state mails and emails
61		-	the notice described under subsection (b). The person responding to the notice of the
62		-	complaint may use a form created by the secretary of state. The response must include
63		-	a statement, under penalty of perjury, that the person responding to the notice of the
64		-	complaint believes in good faith that the facts stated in the response are true.
	72	+	(c) A person responding to the notice of the complaint may file a written
	73	+	response no later than twenty-one (21) business days after the secretary of state mails
	74	+	and emails the notice described under subsection (b). The person responding to the
	75	+	notice of the complaint may use a form created by the secretary of state. The response
	76	+	must include a statement, under penalty of perjury, that the person responding to the
	77	+	notice of the complaint believes in good faith that the facts stated in the response are
	78	+	true.
65	79		(d) If the secretary of state does not receive a response to the notice of the
66	80		complaint in writing within twenty-one (21) business days after the secretary of state
67	81		mails and emails the notice of the complaint, then the secretary of state must deem the
68	82		allegations contained in the complaint admitted for purposes of this chapter only.
69	83		48-251-104. Review.
70	84		(a) If, after reviewing the complaint and each submitted response, the secretary
71	85		of state determines that the person filing the complaint under § 48-251-102 has shown,
72	86		by clear and convincing evidence, that the name or address of the person challenging
73	87		the filing was included on a document filed with the secretary of state under this title or
74	88		title 61 without the person's consent, then the secretary of state must void the
75	89		challenged business record.
76	90		(b) If, after reviewing the complaint and each submitted response, the secretary
77	91		of state determines that the person filing the complaint under § 48-251-102 has not
78	92		shown, by clear and convincing evidence, that the name or address of the person
79	93		challenging the filing was included on a document filed with the secretary of state under
80	94		this title or title 61 without the person's consent, then the secretary must not take action.
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81	99		(c) The secretary of state shall issue a decision as described in subsection (a) or
82	100		subsection (b) within thirty (30) business days of mailing or emailing the notice of the
83	101		complaint.
84	102		(d) The secretary of state shall provide written notice of a decision as described
85	103		in subsection (a) or subsection (b) to the person who submitted the complaint and each
86	104		person who submitted a response to the notice of the complaint, if any, within seven (7)
87	105		business days after the secretary of state issues a decision as described in subsection
88	106		(a) or subsection (b).
89	107		(e) The person who submitted the complaint and each person who submitted the
90	108		response to the notice of the complaint are entitled to judicial review of the secretary of
91	109		state's decision under subsection (a) or subsection (b) in accordance with § 4-5-322(h).
92	110		(f) The remedies provided under this chapter do not preclude other remedies.
93	111		48-251-105. Filing fees for voided filings.
94	112		If the secretary of state voids a transaction under this chapter, then the secretary
95	113		of state must not issue a refund to the filer for the cost of the filing.
96		-	2 HB1341
97	114		48-251-106. Public records.
98	115		The complaint and response are public records in the office of the secretary of
99	116		state.
100	117		SECTION 2. The headings in this act are for reference purposes only and do not
101	118		constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
102	119		requested to include the headings in any compilation or publication containing this act.
103	120		SECTION 3. This act takes effect July 1, 2025, the public welfare requiring it.
104		-	3 HOUSE BILL NO. 1341
105		-	PASSED: March 24, 2025
106		-	R
107		-	CAMERUN SEXTON, SPEAKER
108		-	HOUSE OF REPRESENTATIVES
109		-	RANDY fv11NALL Y
110		-	SPEAKER OF THE tENATE
111		-	APPROVED this s day of /\po 2025
112		-	~Uc,
113		-	BILL LEE, GOVERNOR