Image Credit: TN General Assembly
The Tennessee Conservative [By Paula Gomes] –
A bill that received considerable conservative pushback over concerns that the legislation strips an individual’s right to challenge constitutionally questionable state laws passed on the House floor on Monday in a 56 to 38 vote.
Almost as many Republicans voted against the legislation as Democrats, eighteen Republicans to 20 Democrats.
The Republicans who sided with concerned Conservatives in voting no were Representatives Jody Barrett (R-Dickson-District 69), Gino Bulso (R-Brentwood-District 61), Ed Butler (R-Rickman-District 41), Kip Capley (R-Summertown-District 71), Scott Cepicky (R-Culleoka-District 64), Clay Doggett (R-Pulaski-District 70), Rick Eldridge (R-Morristown-District 10), Monty Fritts (R-Kingston-District 32), Johnny Garrett (R-Goodlettsville-District 45), Kirk Haston (R-Lobelville-District 72), Timothy Hill (R-Blountville-District 3), Kelly Keisling (R-Byrdstown-District 36), Tom Leatherwood (R-Arlington-District 9), Brock Martin (R-Huntingdon-District 79), Jay Reedy (R-Erin-District 74), Michele Reneau (R-Signal Mountain-District 27), Lowell Russell (R-Vonore-District 21), and Todd Warner (R-Chapel Hill-District 92).
Representative Bud Hulsey (R-Kingsport-District 2) was present but did not vote.
According to the summary of House Bill 1971, sponsored by Representative Andrew Farmer (R-Sevierville-District 17), “Present law provides a cause of action for any affected person who seeks declaratory or injunctive relief in any action brought regarding the legality or constitutionality of a governmental action.” HB1971 limits such cause of action to “actions of political subdivisions of this state and specifies that such cause of action does not apply to challenges to the validity or constitutionality of state law.”
On the House floor, Farmer explained that the legislation returns state law to what it was in 2018, and under which the state had been operating for 200 plus years. Lawmakers voted in 2018 to change the law intending to provide “a better way for Tennesseans to protect themselves” but Farmer stated that it had been a mistake.
“Out of state entities come in and use this law against us to basically entertain a fishing expedition on the policy that we passed, we are getting sued on policy and not on the fact that we’ve damaged anyone in any way,” stated Farmer while emphasizing that the bill does not preclude any Tennessean from suing the state if they legitimately have standing.
In response to the bill’s passage on the House floor, Tennessee Stands posted:
The companion Senate Bill (SB1958), sponsored by Senator John Stevens (R-Huntingdon-District 24), has been referred to the Senate Calendar Committee but has yet to be scheduled for a full vote on the Senate floor.
If you wish to express your opinion about SB1958, you can find your Tennessee State Senator’s contact information HERE.
About the Author: Paula Gomes is a Tennessee resident and reporter for The Tennessee Conservative. You can reach Paula at paula@tennesseeconservativenews.com.
