TBA Law Blog

TBA Law Blog

Kelsey Legislation on Interlocutory Appeals is Amended; House and Senate Go to Conference on Legislation Creating New Courts for Constitutional Matters

Posted by: Berkley Schwarz on May 5, 2021

HB1072/SB915, legislation from Sen. Brian Kelsey, R-Germantown, and Rep. Michael Curcio, R-Dickson, that would have banned local governments from filing lawsuits to challenge the constitutionality of state laws, was amended and passed by the Senate today on a 17-10 vote. The amended legislation provides that in a suit brought against the state, department, agency or official that challenges the constitutionality of a state statute, the state may appeal as of right from an interlocutory order of a circuit or chancery court that grants, continues or modifies an injunction; or denies a motion to dissolve or modify an injunction. The amended bill will now be considered by the House.

Additionally, today the Senate passed SB868, as amended by the Senate Finance Committee, to create a statewide chancery court, despite the House passing a version of the bill that would create a Court of Special Appeals. As reported last night, the two chambers will have to work out their differences in a conference committee. House members appointed to the conference committee are Rep. Andrew Farmer, R-Sevierville; Rep. Michael Curcio, R-Dickson; Rep. Johnny Garrett, R-Goodlettsville; and Rep. Darren Jernigan, D-Old Hickory. As of press time, the Senate had not yet announced its members of the conference committee. Earlier today, the Senate announced it will adjourn for the year tonight.

The TBA continues to work with lawmakers on these bills. To learn more about TBA’s lobbying efforts related to these bills and other legislation this session, tune in tomorrow to TBA’s Legislative Update on FacebookLive or the TBA Podcast Network. TBA Executive Director Joycelyn Stevenson will sit down with TBA Director of Public Policy and Government Affairs Berkley Schwarz and TBA lobbyist Brad Lampley of Adams and Reese to discuss the final days of the legislative session.

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