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Bill > HB0490
TN HB0490
TN HB0490AN ACT to amend Tennessee Code Annotated, Title 8; Title 16; Title 17; Title 18; Title 20; Title 21; Title 24; Title 25; Title 26; Title 27; Title 28 and Title 29, relative to courts.
summary
Introduced
01/29/2025
01/29/2025
In Committee
04/08/2025
04/08/2025
Crossed Over
04/15/2025
04/15/2025
Passed
04/23/2025
04/23/2025
Dead
Signed/Enacted/Adopted
05/27/2025
05/27/2025
Introduced Session
114th General Assembly
Bill Summary
As enacted, prohibits the disqualification or removal of a municipal judge who was duly elected or appointed to office prior to March 7, 2025, and who is qualified for such office under the laws and interpretations in effect at the time of such election or appointment, due to a residency requirement during the term of office to which the municipal judge was elected or appointed. - Amends TCA Title 8; Title 16; Title 17; Title 18; Title 20; Title 21; Title 24; Title 25; Title 26; Title 27; Title 28 and Title 29.
AI Summary
This bill addresses a specific legal situation regarding municipal judges in Tennessee, particularly in response to a Tennessee Supreme Court decision (McNabb v. Harrison) that appears to have established new residency requirements for municipal judges. The bill provides protection for municipal judges who were elected or appointed before March 7, 2025, ensuring they will not be disqualified or removed from office due to residency requirements that were not in effect at the time of their initial election or appointment. Specifically, the bill declares that any municipal judge in this situation shall be considered a "de facto officer," meaning their past and ongoing judicial acts, judgments, and decisions will remain valid and binding throughout their current term. The new residency requirements established by the Supreme Court will only be enforced prospectively, beginning with the next regularly scheduled election for affected municipal judgeships. The bill emphasizes that this provision only addresses the residency requirement and does not exempt municipal judges from other qualification or eligibility requirements. The act takes effect immediately upon becoming law, with the stated purpose of serving the public welfare.
Committee Categories
Justice
Sponsors (5)
Last Action
Effective date(s) 05/21/2025 (on 05/27/2025)
bill text
bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://wapp.capitol.tn.gov/apps/Billinfo/default.aspx?BillNumber=HB0490&ga=114 |
| BillText | https://publications.tnsosfiles.com/acts/114/pub/pc0487.pdf |
| Amendment 1-0 to HB0490 | https://www.capitol.tn.gov/Bills/114/Amend/HA0325.pdf |
| Fiscal Memo for HA0325 (5619) | https://www.capitol.tn.gov/Bills/114/Fiscal/FM1041.pdf |
| BillText | https://www.capitol.tn.gov/Bills/114/Bill/HB0490.pdf |
| Fiscal Note - SB0255 | https://www.capitol.tn.gov/Bills/114/Fiscal/SB0255.pdf |
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