Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB1231 Compare Versions

Only one version of the bill is available at this time.

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2	2	<BillNo> <Sponsor>
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4	4	SENATE BILL 1231
5	5	By Pody
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7	7
8	8	SB1231
9	9	003295
10	10	- 1 -
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12	12	AN ACT to amend Tennessee Code Annotated, Section 4-
13	13	1-422, relative to property rights.
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15	15	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
16	16	SECTION 1. Tennessee Code Annotated, Section 4-1-422, is amended by deleting the
17	17	section and substituting:
18	18	(a) As used in this section, unless context otherwise requires:
19	19	(1) "International policymaking organization":
20	20	(A) Means a nongovernmental or an intergovernmental entity that
21	21	issues model policies or guidelines or proposed laws or rules that pertain
22	22	to a particular subject matter or range of subject matter areas of public
23	23	policy, and which may be adopted in whole or in part by an instrument of
24	24	government as the policy of that government; and
25	25	(B) Includes the World Health Organization, the United Nations,
26	26	and the World Economic Forum; and
27	27	(2) "Political subdivision" means a local governmental entity, including a
28	28	municipality, metropolitan government, county, utility district, school district,
29	29	public building authority, and development district created and existing pursuant
30	30	to the laws of this state, or any instrumentality of government created by any one
31	31	(1) or more of the named local governmental entities.
32	32	(b) The state and its political subdivisions shall not adopt or implement policy
33	33	recommendations that deliberately or inadvertently infringe upon or restrict private
34	34	property rights without due process or an individual's constitutional rights, as may be
35	35	required by policy recommendations originating in or traceable to any international
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40	40	policymaking organization, including the United Nations or a subsidiary entity of the
41	41	United Nations, including:
42	42	(1) "Agenda 21," as adopted by the United Nations in 1992 at its
43	43	Conference on Environment and Development;
44	44	(2) The 2030 Agenda for Sustainable Development, introduced at a
45	45	United Nations Summit in 2015;
46	46	(3) The United Nations' proposal to reach net zero emissions by 2050; or
47	47	(4) Another international law or ancillary plan of action that contravenes
48	48	the United States Constitution or the Constitution of Tennessee.
49	49	(c)
50	50	(1) Since the United Nations has accredited and enlisted numerous
51	51	nongovernmental and intergovernmental organizations to assist in the
52	52	implementation of its policies relative to Agenda 21, The 2030 Agenda for
53	53	Sustainable Development, net zero goals for 2050, and its related plans and
54	54	initiatives, the state and its political subdivisions shall not enter into an
55	55	agreement, spend any sum of money, or provide financial aid to a
56	56	nongovernmental and intergovernmental organization described in or promoted
57	57	by such plans and initiatives.
58	58	(2) This section also applies to international policymaking organizations
59	59	that are not affiliated with the United Nations.
60	60	(d) As part of a political subdivision's annual audit, the executive of the political
61	61	subdivision or the governing body of the political subdivision shall present a written
62	62	attestation to the comptroller of the treasury certifying that the political subdivision has
63	63	not sought or received a grant in intentional pursuit of a policy described under
64	64	subsection (b).
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69	69	(e)
70	70	(1) An individual who believes that the state or a political subdivision has
71	71	violated subsection (b) or (c) may bring a private cause of action in a court of
72	72	competent jurisdiction.
73	73	(2) A court shall award court costs and fees, including reasonable
74	74	attorneys' fees, to the prevailing party in an action brought pursuant to this
75	75	subsection (e). In addition, the court may award the following remedies to a
76	76	plaintiff who prevails in an action brought pursuant to this subsection (e):
77	77	(A) Actual damages; and
78	78	(B) Punitive damages.
79	79	(3) If the court finds the state, a political subdivision, or an official is in
80	80	violation of this section, then the court shall issue a writ of mandamus against the
81	81	entity or official ordering the entity or official to comply with this section, enjoin
82	82	the entity or official from further interference, and take other action to ensure
83	83	compliance as is within the jurisdiction of the court.
84	84	(4) The state, a political subdivision, or an official has not more than one
85	85	hundred twenty (120) days from the date of the court's order to comply with the
86	86	order. If, after one hundred twenty (120) days, the entity or official has not
87	87	complied with the court's order, then the court may take whatever action the court
88	88	finds necessary to enforce compliance.
89	89	(5) Upon finding that a policy, contract, or agreement violates this
90	90	section, the court shall declare that such policy, contract, or agreement meets the
91	91	standard as described under this section, and is therefore void and
92	92	unenforceable.
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97	97	(f) An official or public servant violating this section commits the offense of
98	98	official oppression, as provided in § 39-16-403. Failure to comply with a court order per
99	99	subdivision (e)(3) within the timeframe specified in subdivision (e)(4) constitutes a
100	100	separate violation of § 39-16-403. It is not a defense to criminal liability under this
101	101	subsection (f) that no actual damage has yet to occur.
102	102	(g) A contract, policy, or agreement in violation of this section is null, void, and
103	103	unenforceable.
104	104	(h) The attorney general may issue an official statement clarifying that a
105	105	particular contract policy or agreement violates this section.
106	106	SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it, and
107	107	applies to contracts entered into, renewed, or amended on or after that date.