Tennessee Senate Bill SB1463

Tennessee 2025-2026 Regular Session

• Introduced: 4/16/25
• Engrossed: 4/22/25
• Enrolled: 4/28/25
• Passed: 5/9/25
• Chaptered: 5/14/25

Caption

AN ACT to amend Chapter 467 of the Private Acts of 1951; as amended by Chapter 233 of the Private Acts of 1976; and any other acts amendatory thereto, relative to Morgan County.

Summary

SB1463 is a local private act for Morgan County that changes how the county attorney is selected and who may serve. Under the bill, the county attorney would no longer be elected by county voters; instead, the attorney would be appointed or hired subject to a vote of the Morgan County Commission, and would serve a four-year term. The bill also removes the prior requirement that the county attorney be a Morgan County resident, while keeping the requirement that the person be a licensed practicing attorney. The measure amends Chapter 467 of the Private Acts of 1951, as previously amended in 1976, by deleting the old election-based language and replacing it with an appointment-based structure. It includes a savings clause stating that no incumbent may be removed or have a term shortened by the act, and it is conditioned on approval by a two-thirds vote of the Morgan County legislative body before taking full effect. The act becomes effective immediately only for the purpose of local approval, with all other provisions contingent on that local ratification.

Impact

The bill changes Morgan County’s private local law governing the county attorney office, shifting authority from a countywide election to appointment or hiring by the county commission. It affects the qualifications and selection process for the office by eliminating the residency requirement and preserving only the licensed-attorney requirement. Because it is a private act, it has no statewide general application, but it directly alters the county’s governing structure and the method by which the county attorney is chosen.

Sentiment

The available voting history suggests strong support for the bill, with a 33-0 floor vote to adopt. There are no committee transcripts or recorded objections in the provided materials, and the bill appears to have moved without visible controversy at the state level. The unanimous vote indicates broad legislative agreement on the local governance change.

Contention

The main substantive issue is the shift from an elected county attorney to an appointed or hired one, which can raise concerns about local democratic control versus administrative flexibility. Another point of potential contention is the removal of the Morgan County residency requirement, which may be viewed by some as expanding the pool of qualified candidates and by others as reducing local accountability. However, no specific opposition is documented in the provided record, and the bill’s requirement for approval by the Morgan County legislative body suggests the local government is the primary decision-maker on whether the change takes effect.