Gov. Bill Lee and state Senate leadership this week announced differing proposals to introduce universal school vouchers to Tennessee. The key difference in the two plans is testing accountability. Chalkbeat reports that the governor's plan does not require participating students to take annual tests to measure whether the Education Freedom Scholarship Act leads to better academic outcomes. The Senate’s proposal requires recipients in grades three to 11 to take some type of norm-referenced tests approved by the state Board of Education. It also favors open enrollment across school systems. The House has released a third version, which would allow well-performing public schools to see more flexibility on student testing requirements, while the state would take on more costs to pay public school teachers and staffers’ health-insurance benefits, reports the Tennessee Journal.

Two bills proposed by the TBA passed in legislative committees this week. Today, the House Civil Justice Committee passed a bill drafted by the Tennessee Probate Study Group and sponsored by Rep. Johnny Garrett, R-Goodlettsville, in the House and Sen. John Stevens, R- Huntingdon, in the Senate. HB2710/SB2254 allows a medical or psychological report, required by the court to appoint a conservator, to be either notarized or declared under penalty of perjury as set forth in Rule 72 of the Tennessee Rules of Civil Procedure. The reasoning behind the bill is that doctors’ offices do not always have access to a notary public. This bill would make the process of setting up a conservatorship faster and less expensive.

On Tuesday, the Senate Judiciary Committee passed a bill drafted by TBA adoption law attorneys and sponsored by Sen. Ferrell Hail, R- Gallatin, in the Senate and Rep. Tom Leatherwood, R-Arlington, in the House. HB2644/SB2633 was amended by the TBA and those changes passed as the new bill. The TBA Adoption Law Section’s Executive Council drafted HB2644/SB2633 to ensure that changes made to the adoption code last session work better in practice and to clean up sections of the code addressing putative fathers and child witnesses. These changes will result in expediting adoptions, saving court resources, creating uniformity across the state in courts that hear adoption cases and avoiding delays in permanency.

Committees in both the state House and Senate have advanced a proposed constitutional amendment to the state’s bail law, setting up floor votes in both chambers, the Tennessean reports. In the Senate, SJR919 passed the Judiciary Committee by a vote of 6-3 despite opposition from Chair Todd Gardenhire, R-Chattanooga. He argued the change — which would expand the list of crimes for which a judge could deny bail — would pack county jails and put local governments in a financial bind to expand or build new facilities. In the House, the Criminal Justice Committee passed HJR859 on a voice vote. If approved by both chambers, the resolution still would have to pass in the 114th General Assembly before being placed on the next ballot involving a gubernatorial race. It would then have to receive a majority vote of those participating in the governor’s election.

Tennessee House Majority Leader William Lamberth, R-Portland, has filed a resolution to condemn neo-Nazism after a march in downtown Nashville that included swastika flags, WKRN reports. The proposed resolution states that “racism and hatred in any form are repugnant and sinful.” It also calls for rejecting those who promote “anti-Semitism, xenophobia, discrimination and racial intolerance in all forms.” The group that marched is believed to have been comprised of members of the extremist groups Blood Tribe and the Vinland Rebels. In a statement about the resolution, Lamberth said, “Tennesseans will never accept or normalize evil, and we denounce any ideology or group motivated by sick hatred and racial intolerance of any human being.”

State Sen. Brent Taylor, R-Memphis, is suggesting that Memphis-area suburbs split off from the Shelby County court system and hire their own district attorney, Local Memphis reports. Taylor argues that such a move is necessary, alleging that Shelby County District Attorney Steve Mulroy is soft on crime and citing problems with three judges who have been reprimanded in recent years. Mulroy responded to Taylor’s suggestion, saying: “I don’t think reprimands of judges affect the backlog. The judge is still able to rule on cases as before. I don’t anticipate that any reprimands of late would slow down the processing of cases.” On the backlog of cases, Mulroy says, “We’ve been trying cases at a faster rate in 2024 to date than last year. More importantly, the courts can set trials only a few months out, which is better than it has been in the past. What we need to focus on is the number of cases which are pending for more than a year and a half. That is unacceptably high, and we’re working on reducing that number.”

A new opinion from Tennessee Attorney General Jonathan Skrmetti finds that a ticketing system being utilized by the Tennessee House of Representatives for public access to the chamber is allowable under the state’s constitution. The system, introduced at the beginning of the session, allocates one ticket for every lawmaker to give to a member of the public during each House session. Establishing a ticketing system falls within the authority of the General Assembly to regulate and manage access to the Capitol building, Skrmetti said. The system “would not run afoul of the 'open door' provision of [the Tennessee Constitution] because it would not close the doors to the public; it would merely manage public access to the limited space that is available," he wrote.

State Rep. Caleb Hemmer, D-Nashville, is seeking a legal opinion from Tennessee Attorney General Jonathan Skrmetti as to whether state Education Commissioner Lizzette Reynolds meets the statutory requirements to hold the job. The Tennessee Journal reports that Hemmer wrote to Skrmetti saying that Reynolds does not possess a teacher license, which he argues is required by law. Gov. Bill Lee’s office says a teaching degree is not “explicitly required” by the statute. Lee previously told reporters that a “full vetting process” occurred at the time Reynolds was hired and determined she met the qualifications.

Franklin Republicans Rep. Jake McCalmon and Sen. Jack Johnson have introduced HB1906/SB1801, which would extend the statute of limitations for minor victims of child sexual abuse by 15 years. Fox 17 Nashville reports that the bill would give minor victims of trafficking for a commercial sex act up to 30 years after they turn 18 to sue for injuries or illnesses that occurred during the abuse. Currently, victims are able to file civil actions against alleged perpetrators for up to 15 years after their 18th birthday.

Several bills have been moving through the legislative process this week. A House panel has advanced a bill that would make it illegal for an adult to help a minor get an abortion without parental consent. The TN Ledger reports that, if enacted, the measure would make it illegal for an adult who "recruits, harbors or transports" a pregnant minor within the state to get an abortion without consent from the minor's parents or guardians. In other news, the proposed ELVIS Act unanimously passed the House Banking and Consumer Affairs Subcommittee following testimony from singer and actress Chrissy Metz, songwriter board member Jamie Moore and Recording Industry Association of America Senior Vice President of Public Policy Jessie Richard. The bill would protect the individual voice, image and likeness against irresponsible uses of AI technology, according to the Tennessean. A bill to require students to have firearm safety training at school has passed the House Education Instruction Subcommittee, WPLN reports. And legislation that would give officiants the power to refuse to marry anyone with whose habits or lifestyle they disagree is headed to the governor for his signature, reports Fox Chattanooga. Opponents say the bill is unnecessary and that the law already allows pastors to refuse to perform marriages. Finally, two bills have been delayed, according to news reports. "Jillian's Law," which would close a loophole for those currently deemed incompetent to stand trial, has been paused until legislators "ensure it does not become law without the funding to pay for it," according to WJHL. Also delayed was proposed legislation that would ban the practice of running for two offices at the same, The Tennessee Journal reports.

TBA’s Legislative Updates podcast is new with TBA lobbyist Berkley Schwarz and Adams and Reese attorney and TBA lobbyist Brad Lampley. This week they discuss several bills that are moving through the legislative process, including HB2320/SB2375 on debtor/creditor relations; the rolling professional privilege tax bill, HB2586/SB1841; HB1804/SB1690 on child custody and support; HB2710/SB2254, TBA's conservatorship bill; HB2645, the adoption birth certificate bill; and HB2644, TBA's adoption clean-up bill. Legislative Updates airs each week on the TBA’s Facebook page. It is also released as a podcast on the same day and can be found on the TBA’s website or wherever you listen to podcasts.