Knox County Circuit Court Judge Kristi Davis will take a seat on the Tennessee Court of Appeals by default without confirmation of the legislature due to the COVID-19 pandemic, Knoxnews reports. Davis was appointed by Gov. Bill Lee on May 28 to replace Charles Susano II, who retired April 30. Davis appeared remotely before the Senate Judiciary Committee on June 9 but was told by committee chairman Sen. Mike Bell, R-Riceville, that she was not going to be approved for “financial ramifications.” If confirmed, Davis would have been listed on the Aug. 6 ballot for a “yes” or “no” vote. Bell later said that it would have cost $700,000 for ballots to be reprinted or have new ones printed with her name. So, instead, her confirmation will be automatic in 60 days and then she will be on the ballot 2022. She plans to take the oath of office informally on Aug. 3 and have a more formal investiture with the governor later.

The Tennessee Senate passed a new $39.4 billion budget yesterday that includes more than $300 million in cuts due to the ongoing COVID-19 pandemic. The House is expected to vote on the measure next week, WPLN reports. Senate Majority Leader Jack Johnson said the numbers reflected in the spending plan are the result of an estimated $1 billion revenue shortfall for next fiscal year. Senators gave the governor the power to look for additional budget cuts at departments and agencies but required him to report back to the chairs of the House and Senate finance committees before any decisions are finalized. The revised budget also includes $50 million for an employee buyout program and additional money for local governments to use to replace revenue.

Legislation that would prohibit state officials from destroying records being sought by the public today passed through the Senate, the Associated Press reports. The bill was prompted by a report from the Chattanooga Times Free Press that Hamilton County had destroyed documents that were the subject of a records request submitted by the paper. During the months-long battle over the records, the county got permission from the Hamilton County Public Records Commission to destroy all records requests and responses after 30 days. County Attorney Rheubin Taylor told the AP he requested permission to destroy the records because he didn’t believe the paper was still interested in obtaining them. Under the bill, government entities found violating the new rule would be subject to a $500 fine. It also requires that public records coordinators must keep “electronic correspondence” regarding public records requests for at least one year. The legislation will now head to the House chamber.

A bill that would protect businesses, schools and other institutions from COVID-19-related litigation is quickly advancing through the House and Senate, the Nashville Post reports. The legislation was drafted with help from the Tennessee Chamber of Commerce and Industry and other business groups and, according to its House sponsor Rep. Michael Curcio, R-Dickson, is intended to “eliminate as many frivolous suits as possible.” Judiciary committees in both chambers advanced the proposal, but the Senate version would have the protections reach back to March and the House version would only protect the organizations once the law is enacted. Attorney and vice president of the Tennessee Trial Lawyers Association Mark Chalos argued a retroactive law would violate the state constitution, which says that “no retrospective law … shall be made.” Chalos argued the Senate’s version of the bill would take away litigation rights from people who currently have them for harm already done. The two bills are likely headed for full votes in the House and Senate and could require a conference committee to hash out the difference.  

Under new legislation passed by the state Senate yesterday, Gov. Bill Lee is no longer required to sign a proclamation for Nathan Bedford Forrest Day on July 13, but it will still remain a day of observance, the Daily Memphian reports. In its original form, SB2199 sought to eliminate the day entirely, but was amended with language simply allowing the governor to avoid proclaiming the day in honor of Forrest or any other day of recognition. The Senate passed the amended bill 22-6, despite pleas from Sen. Brenda Gilmore, D-Nashville, and Senate Minority Chairman Raumesh Akbari, D-Memphis, to drop the day. “We’ve moved past Jim Crow. But I think the last couple of weeks show systemic racism still exists,” Akbari said, referring to nationwide protests over the death of George Floyd by Minneapolis police. “You can still remember and know what Nathan Bedford Forrest did without recognizing that day,” Akbari said.

Rep. Mike Carter, R-Ooltewah, has issued a public apology after making an “inappropriate” comment to an African American colleague, the Commercial Appeal reports. Carter, a white man, made the comment during a House Civil Justice Subcommittee meeting, when he tried to give Rep. Joe Towns, D-Memphis, a chance to speak, but could not get his attention. "He's getting the secret formula to Kentucky Fried Chicken," Carter said. "Pretty concentrated on that." Carter said he would let Towns "get the recipe" before returning to him. In House chambers hours later, Carter appeared to fight back tears while apologizing for his remarks, calling them inappropriate and saying he looked forward to working on any issues of “racial reconciliation” in the future. Towns said he appreciated Carter’s apology. "Historically in our country we've had a lot of problems," Towns said, noting recent developments around the country and in Tennessee. "It's very critical that we have to mind our words as it relates to women and children and ethnic groups that have been maligned over a period of time."

The state Senate on Monday passed a bill that could potentially hamper efforts to have the controversial Nathan Bedford Forrest bust removed from the Capitol, the Tennessean reports. In its original form, SB1694 would extend the life of the Capitol Commission, the group responsible for deciding the fate of the bust, which was scheduled to expire this year. However, the bill’s sponsor, Rep. Kerry Roberts, R-Springfield, also amended the legislation to add the House and Senate chief clerks to the commission. With both Republican-controlled chambers having expressed opposition to removing the bust, the two chief clerks could counter votes to have it removed. The amendment was never discussed or filed in a committee, which Roberts said was “strictly an oversight.” The bill now goes before the House.

A joint effort by Republican leadership and Tennessee business groups aimed at reducing legal liability in COVID-19 related cases passed its first legislative hurdle Monday, the Nashville Post reports. The House Civil Justice Subcommittee moved the bill along to the full Judiciary Committee, which is scheduled to take up the measure tomorrow. The goal of the bill is to “eliminate as many frivolous suits as possible,” according to sponsor House Judiciary Chair Michael Curcio, R-Dickson. The bill has the support of Republican leadership, Gov. Bill Lee and business groups. Matt Hardin, president of the Tennessee Trial Lawyers Association, testified about the bill before the subcommittee vote, arguing that its protections are too broad and could result in “unintended consequences.”

The Tennessee House Criminal Justice Subcommittee approved legislation that would increase penalties against parents or guardians who fail to expediently report a missing child to law enforcement or the appropriate agency. The bill — sponsored by Rep. Timothy Hill, R-Blountville; Rep. John Crawford, R-Kingsport; and Rep. Bud Hulsey, R-Kingsport — passed on a voice vote. Known as “Evelyn’s Law” in honor of deceased Sullivan County toddler Evelyn Boswell, House Bill 1309 requires a report of a missing child within 48 hours of the child’s disappearance. Failure to do so would be punishable by up to 11 months and 29 days in jail, a fine of up to $2,500 or both. The Times News has the story.

The state House’s Departments & Agencies Subcommittee today approved two bills that restrict Gov. Bill Lee’s authority to opt Tennessee into the federal refugee resettlement program, the Daily Memphian reports. The subcommittee passed HB1929, brought by Rep. Ron Gant, R-Rossville, which prohibits the governor from obligating the state to participate in the program without authorization of a joint resolution by the General Assembly. It also approved HB1578 from Rep. Bruce Griffey, R-Paris, requiring the state and local governments to refuse to consent to receive refugees for resettlement. Both bills will next be heard in the House State Committee, but the Senate isn’t expected to consider its version of the bills in this truncated COVID-19 session.