TBA Law Blog

TBA Law Blog

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UAPA Appeals Bill Passes Through Legislature

Posted by: Katharine Heriges on Apr 25, 2018
The House and Senate have passed legislation providing that the venue for appeals of contested case hearings under the Uniform Administrative Procedures Act will be in the Chancery Court nearest the place of residence of the person contesting the agency action or alternatively, at the person’s discretion, in the Chancery Court nearest to the place where the cause of action arose, or in the Chancery Court of Davidson County. The venue for appeals involving TennCare will continue to be in Davidson County. Sponsored by Senator Mike Bell and Rep. Martin Daniel, the bills (SB2603/HB2386) have been sent to the Speakers for signature. 

Bill Raising Unpaid Child Support Interest Rate Advances

Posted by: Katharine Heriges on Apr 25, 2018
The Tennessee House today concurred with Senate-passed legislation raising interest rates on unpaid child support in private cases. HB2134, sponsored by Rep. Mike Carter and in the Senate by Sen. Ken Yager, raises the interest rate to 6 percent for all private child support cases in arrears but gives the court discretion to assess a lower interest rate if deemed appropriate. For unpaid child support cases that the Department of Human Services handles, the bill allows the court to charge interest up to 6 percent, but does not alter the current 0 percent default rate. The bill was drafted by the TBA from a compromise with District Attorneys and the Tennessee Department of Human Services. The measure was amended to also make it unlawful for any county clerk or deputy clerk to issue a marriage license to a person under 17, unless the person has consent from a legal guardian or is emancipated. It also states that any marriage that is entered into without freely given consent from both parties shall be void and unenforceable in this state. The child support and teen marriage sections of the bill will go into effect on July 1. 

House Committee Temporarily Halts Bill Banning Sanctuary Cities

Posted by: Katharine Heriges on Apr 23, 2018
A bill that would punish so-called “sanctuary cities” in Tennessee and mandate that law enforcement cooperate with immigration officials was defeated in a state House committee meeting today, The Tennessean reports, but it may face another vote. The bill, sponsored by Rep. Jay Reedy, R-Erin, was defeated with a voice vote. Rep. Patsy Hazlewood, R-Signal Mountain, expressed concern about the financial impact of the measure. After a recess of the committee, a motion was made to reconsider the initial vote. That motion passed, meaning the committee will look at the bill again, although it is unclear whether it will be reconsidered before the session adjourns for the year.

House Votes to Strip Memphis of $250,000 as Retribution for Statue Move

Posted by: Katharine Heriges on Apr 18, 2018
The Tennessee House yesterday voted to strip $250,000 from the next year’s budget that would have gone toward the city of Memphis’ bicentennial celebrations as a punishment for removing two Confederate statues last year, WPLN reports. Rep. Gerald McCormick, R-Chattanooga, said that there had to be consequences for Memphis’ actions. “The law was very clear, and they got smart lawyers to figure out how to wiggle around the law,” McCormick said.

Adoption Bill Headed to Governor for Signature

Posted by: Berkley Schwarz on Apr 18, 2018
The Tennessee: First In Adoption Act, SB1851, passed the Senate unanimously today. Sponsored by Sen. Ferrell Haile, R-Gallatin, and Rep. Mike Carter, R-Ooltewah, the legislation makes significan changes to Tennessee adoption laws. The legislation was drafted by members of the TBA Adoption Law Section, specifically Dawn Coppock, Mike Jennings and Robert Tuke. First in Adoption makes a number of modifications in adoption and termination law, some extremely important and some housekeeping measures. The first change is a new, less bureaucratic surrender form, included in the Tennessee Code, which is only two pages and much more clear. Second, the bill both increases protections for active, unwed fathers and limits the rights of inactive fathers seeking to disrupt or delay adoption plans. It also expands jurisdiction and venue requirements, including an expansion of jurisdiction to include new residents and Tennesseans in military service who are stationed outside of Tennessee. Additionally, the bill removes some of the requirements on four key grounds for involuntary termination of parental rights that are not constitutionally required. The bill was earlier passed unanimously by the House and will now go into effect July 1, if signed by the governor.

Civil Rights Cold Case Bill Advances

Posted by: Katharine Heriges on Apr 18, 2018
A bill that would create a state body to investigate civil rights cold cases is nearing passage in the legislature, the Memphis Daily News reports. A key project of soon-to-retire state Rep. Johnnie Turner, D-Memphis, the measure would set up the Tennessee Civil Rights Crimes Information, Reconciliation and Research Center, which would delve into unsolved civil rights crimes. It passed unanimously in the House yesterday and has cleared the Senate Finance, Ways and Means Committee. It is sponsored in the Senate by Sen. Mark Norris, R-Collierville.

Senate Rejects 4 Haslam Nominees to New UT Board

Posted by: Katharine Heriges on Apr 13, 2018
Tennessee senators rejected almost half of the nominees Gov. Bill Haslam named to the newly revamped University of Tennessee Board of Trustees, WPLN reports. The Senate Education Committee turned down four of the nominees, including three who are currently serving on the board. Nashville attorney Brad Lampley and Franklin attorney Melvin Malone were among the rejected. Last week the state legislature voted to dissolve the current UT board and replace it with a smaller one chosen by the governor. 

Senate Committee Blocks Knoxville Transit Bill

Posted by: Katharine Heriges on Apr 11, 2018
A measure to create special assessment districts in Knox County to lay the groundwork for a light rail transit project failed in the Tennessee Senate Transportation and Safety Committee today, Knoxnews reports. Rep. Eddie Smith, R-Knoxville, and Sen. Becky Duncan Massey, R-Knoxville, sponsored the bill. Knoxville City Councilman Joe Hultquist said that the project will continue, and that he will bring the measure up again to lawmakers next year.

Tennessee to See Sunday Wine Sales

Posted by: Katharine Heriges on Apr 11, 2018
The General Assembly this week approved legislation to allow wine sales on Sundays and most holidays, and Gov. Bill Haslam said today he would approve the measure when it comes to his desk, The Tennessean reports. The bill would also allow liquor stores to open on Sundays. In the Senate, the bill passed 17-11, the bare minimum needed for approval.

Bill Prohibiting Sanctuary Cities, Requiring ICE Collaboration Passes House Committee

Posted by: Katharine Heriges on Apr 10, 2018
A bill that would explicitly ban sanctuary cities in Tennessee and require local law enforcement to detain certain immigrants passed the House State Government Committee today, The Tennessean reports. Tennessee currently doesn’t have any sanctuary cities and the executive director of the Tennessee Sheriffs’ Association says that the current detainer system is working, but proponents of the measure say it’s necessary to avoid issues seen in other states. The Senate version of the bill is set to be taken up tomorrow.
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