House Bill 441, known as the "Restoring State Sovereignty Through Nullification Act," establishes a legal framework for Tennessee to assert its sovereignty against federal actions considered unconstitutional. The bill introduces a new chapter to the Tennessee Code Annotated, emphasizing the principle of nullification, which allows the state to declare federal laws, executive orders, or court opinions void if they exceed the federal government's constitutional authority. It mandates that state or local funds cannot be used to enforce such unconstitutional federal actions, thereby empowering state officials and citizens to resist perceived federal overreach.
The legislation outlines the process for initiating a bill of nullification, which can be proposed by the governor or any member of the general assembly, and can also be initiated through a petition signed by at least 2,000 registered voters from a combination of ten counties and municipalities. The bill requires that petitions be submitted with a minimum of twenty-five signatures from each county and mandates that the Speaker of the House introduce the bill upon receipt of a valid petition. Additionally, the bill allows Tennessee courts to declare federal actions null and void and specifies that a bill of nullification can only be considered once per legislative session, with provisions for reintroduction in subsequent years. The act includes a severability clause and takes effect immediately upon becoming law.