Before adjourning last week, lawmakers gave final approval to a bill that would create civil penalties for adults who help minors cross state lines to get transgender medical care without parental consent. According to the Associated Press, it would be the first law of its kind in the nation if signed by Gov. Bill Lee. The bill mirrors almost the same language from an anti-abortion trafficking proposal lawmakers approved just a day prior. Supporters of the bill said it would protect parents’ rights, while opponents argued that it could be applied broadly to include talking to a minor about website resources. The original version of the bill included criminal penalties, but supporters agreed to civil penalties for violators.

In the final days of the 113th General Assembly, the House passed SB2763/HB2035, which would block local governments from passing their own version of an extreme risk protection order. According to the Tennessean, Democrat members criticized the legislation as a power grab over local control and pointed out that Republicans blocked any substantive debate on the issue during the legislative session. Bill sponsor Rep. Jody Barrett, R-Dickson, said he brought the bill to maintain "consistency," but also noted an ideological opposition to red flag laws. The Senate passed the bill earlier this month. It now goes to Gov. Bill Lee for his consideration. In 2023, Lee had proposed an order of protection but the legislature did not consider it during a special August session that year.

TBA’s Government Affairs team was successful in shepherding all four of TBA’s legislative proposals through the Tennessee General Assembly before legislators adjourned for the year. The latest episode of Legislative Updates takes a closer look at all of the TBA's bills plus the franchise/excise tax bill and conference report. Listen to attorney and TBA lobbyist Berkley Schwarz and TBA lobbyist and Adams and Reese attorney Brad Lampley on the TBA's Facebook page or wherever you get your podcasts. Read more in our legislative report on bills covering indigent representation funding, the cost of electronic medical records, conservatorships, adoption clean-up and birth certificates in adoptions.

The Tennessee General Assembly adjourned the 2024 legislative session sine die on April 25 at 5:12 p.m. CDT. Notably, the House and Senate were unable to reach a compromise between their respective amendments to Gov. Bill Lee’s education freedom scholarship plan, thus causing the governor to pull the bill for the year. Legislators now return to their respective districts where the majority of them will soon engage in campaign preparations, given that half of the Senate and all of the House seats are slated for reelection. Read more about the legislature's action on the state budget, indigent representation fee increase and franchise tax law compromise.

The Tennessee House and Senate have come to an agreement on their differences in the franchise tax legislation, the Nashville Post reports. House members of the conference committee agreed to the Senate’s language providing a three-year period for businesses to be able to request a refund, while the Senate members agreed to some transparency. Under that language, the names of businesses that request refunds would be released in May 2025. The exact amount they received would not be given. Instead, the companies would be placed in four broad categories: refund pending, $0 to $750 refund received, $750 to $10,000 refund received, and more than a $10,000 refund received. The compromise bill, HB1893/SB2103, then passed both the Senate and the House floors.

The Tennessee General Assembly has passed legislation that will remove two judgeships from Shelby County, despite local opposition, the Daily Memphian reports. HB2002/SB2517, approved by the Senate yesterday and the House today, removes Division 7 of Shelby County Circuit Court and Division 9 of Shelby County Criminal Court. The bill now heads to Gov. Bill Lee for his consideration. The Division 7 seat is currently held by Judge Mary Wagner, who was recently confirmed to the Tennessee Supreme Court. The Division 9 seat was held by former judge Melissa Boyd, who resigned recently after months of turmoil on the bench. Four candidates had applied to fill that seat.

A proposal aimed at strengthening oversight of Tennessee’s juvenile detention centers will not pass this year, WPLN reports. Despite a concerted push for reform, the proposal has been sent to a summer study committee. According to sponsors, the measure was introduced in response to media reports that seclusion was being used as punishment for minor rule infractions. The oversight proposal would have given an independent agency the power to require changes at facilities that violate state standards. Currently, the Tennessee Commission on Children and Youth responds to family complaints but does not have enforcement power.

A new TBA Legislative Updates podcast is now available. Join TBA attorneys and lobbyists Brad Lampley and Ashley Harbin with Adams and Reese as they provide an update on indigent representation funding; the TBA's adoption birth certificate bill, HB2645/SB2632, and adoption clean-up bill, HB2644/SB2633; and the upcoming adjournment. Legislative Updates airs each week the legislature is in session 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.

The state House on Monday passed HB1663/SB1834, sponsored by Rep. William Lamberth, R-Portland, and Sen. Jack Johnson. R-Franklin, which would authorize the death penalty to be considered in the sentencing of a person convicted of rape, aggravated rape and especially aggravated rape of a child. The legislation prohibits a person with an intellectual disability from being given the death penalty for any offense. Having already passed in the state Senate, the legislation now goes to Gov. Bill Lee, WATE reports. The bill may contradict a 2008 ruling from the U.S. Supreme Court, but supporters say the current court may rule differently. On Wednesday, the House gave final approval to legislation requiring websites with “substantial” amounts of sexual content to verify the age of users. Those who do not create systems to block minors’ access could face felony charges. The Tennessee Journal reports on this legislation.

The Tennessee House of Representatives on Monday passed HB1930/SB2571, the "Parental Accountability Act," sponsored by Rep. John Gillespie, R-Memphis, and Sen. Brent Taylor, R-Memphis.  The bill would allow judges to levy up to $1,000 in fines against parents or legal guardians of children who commit a second criminal offense. The Associated Press reports that the chamber voted 72-24 to send the bill to Gov. Bill Lee. It passed the Senate on March 18. Supporters argue the proposal is needed to hold families accountable for the child’s actions. However, opponents warned that the bill unfairly targets working parents who may have limited resources and burden them with fines that they may be unable to pay.