TBA Law Blog

TBA Law Blog

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Section Chair Odeneal Testifies on Foster Care Bill

Posted by: Katharine Heriges on Mar 27, 2018
TBA Juvenile and Children’s Law Section Chair Stacie Odeneal today testified before the House Civil Justice Committee and the Senate Judiciary Committee on the Foster Care Support and Continuity Act (HB2019/SB1931), sponsored by Rep. Bob Ramsey, R-Maryville, and Sen. Becky Massey, R-Knoxville. Odeneal said she appreciated the sponsors’ support of foster parents but had concerns about provisions in the bill. Both committees rolled consideration of the bills until next week. Odeneal committed to working with the sponsors and the Tennessee Department of Children Services on amending the bills.

Lawmaker Accused of Sexual Misconduct; Harwell Calls for Resignation

Posted by: Katharine Heriges on Mar 27, 2018
Tennessee House Speaker Beth Harwell, R-Nashville, is calling for the resignation of Rep. David Byrd, R-Waynesboro, over allegations of sexual misconduct, WSMV reports. Three women accused Byrd of inappropriate sexual contact Byrd made toward them when he was serving as their basketball coach more than 30 years ago. The women were teenagers at the time. Byrd has not yet responded to the accusations.

First in Adoption Act Passes Civil Justice Subcommittee

Posted by: Berkley Schwarz on Mar 21, 2018
The House Civil Justice Subcommittee today voted to recommend the Tennessee: First in Adoption Act, HB1856, for passage. The completely rewritten legislation, sponsored by Rep. Mike Carter, R-Ooltewah, and Sen. Ferrell Haile, R-Gallatin, makes significant changes to Tennessee adoption laws. Drafted by members of the newly created Adoption Law Section of the TBA, the comprehensive bill addresses many important issues, such as simplifying and adding to the Tennessee Code the parental surrender form, clarifying parental termination grounds, and affording greater protections to biological fathers attempting to assert their parental rights. The legislation will next be considered by the full Civil Justice Committee. The Senate version will go to its Judiciary Committee.

Child Support Interest Rate Bill Advances

Posted by: Berkley Schwarz on Mar 21, 2018
The House Civil Justice Subcommittee recommended for passage HB2134, sponsored by Rep. Mike Carter, R-Ooltewah, affecting the interest rate on unpaid child support. This legislation, requested by the the Tennessee Bar Association, provides that beginning July 1 the interest rate on child support payments in arrearages will accrue at 6 percent interest per year on all cases not handled by the Child Support Program administered by the Tennessee Department of Human Services. The legislation provides that the court, in its discretion, may reduce the rate of interest to a lower interest rate, including no interest, as deemed appropriate under the circumstances. The Senate version, SB2268, is sponsored by Sen. Ken Yager, R-Kingston. The amendment can be found here.

Bill to Classify ‘Gig’ Workers as Contractors Advances

Posted by: Katharine Heriges on Mar 14, 2018
A controversial bill that would classify workers in the “gig economy” as independent contractors has passed the Tennessee House Consumer and Human Resources Committee, the Nashville Post reports. The online app Handy, which connects people with household workers and handymen, is pushing for the legislation, which would allow these workers to avoid the classification of “employee,” thereby bypassing many regulations. The bill has already passed in the Tennessee Senate and is expected to pass in the full House.

Bill Would Allow Parole for Juvenile Murder Convicts

Posted by: Katharine Heriges on Mar 13, 2018
A new piece of legislation in Tennessee that would allow juveniles convicted of murder to get a parole hearing after serving 30 years, even if they were given a life sentence, is causing controversy in a community still scarred by a 20-year-old case, the Greeneville Sun reports. Third Judicial District Attorney General Dan Armstrong is leading a charge against the measure, as it could lead to the eventual release of some of the perpetrators of the 1997 Greene County Lillelid murders. In that case, a family was kidnapped and murdered by six young people, two of which were underage.

House Committee Approves In-State Tuition for Immigrants

Posted by: Katharine Heriges on Mar 13, 2018
The Tennessee House Education Administration and Planning Subcommittee today approved a bill that would grant in-state tuition to undocumented and immigrant students, The Tennessean reports. Last year, the bill failed in the same committee by a 7-6 vote. Gov. Bill Haslam has expressed support for the measure, and even took photos with students who came to the Capitol to rally for the bill’s passage.

Cost of Truth in Sentencing Bill Lowered

Posted by: Suzanne Craig Robertson on Mar 8, 2018

Tennessee state Rep. Bud Hulsey’s truth in sentencing legislation has become less expensive, the Kingsport Times-News reports. The bill, which would prohibit an inmate from using sentencing credits until the inmate has served the minimum sentence, now has a $37 million fiscal impact instead of more than $112 million in incarceration expenses. Hulsey, R-Kingsport, amended the bill to include only violent felons, and it has passed on a voice vote by the House Criminal Justice Subcommittee.

GOP Stalls Child Marriage Bill, Citing Connection to Gay Marriage Case

Posted by: Suzanne Craig Robertson on Mar 8, 2018

House Republicans effectively killed a bill Wednesday that would prohibit child marriages in Tennessee, citing an obscure legal theory that passing the bill could deter a conservative lawyer's case against gay marriage. The bill, sponsored by Rep. Darren Jernigan, D-Old Hickory, calls for the state to outlaw marriages where one of the parties is under 18 years of age. The Times Free Press reports that House Majority Leader Glen Casada, R-Franklin, cited an email he received from attorney and former state Sen. David Fowler, president of the Family Action Council of Tennessee, arguing that passing Jernigan's bill could interfere with a lawsuit he is mounting to counter the U.S. Supreme Court's 2015 decision in Obergefell v. Hodges, which legalized gay marriage.

Sunday Wine, Liquor Sales Bill Advances in Legislature

Posted by: Katharine Heriges on Mar 6, 2018
A bill that would allow wine and liquor sales in stores on Sundays in Tennessee advanced in the legislature today, The Tennessean reported. The House State Government Committee and the Senate State and Local Government Committee passed the bill, which would allow grocery stores to sell wine on Sundays and liquor stores to remain open.
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