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. 

HB1202/SB1325, legislation sponsored by Rep. Ryan Williams, R-Cookeville, and Sen. Paul Bailey, R-Sparta, that would permit public school teachers in Tennessee to carry concealed handguns on campus if they meet certain requirements, passed the House 68-28-2. It previously passed the Senate by a vote of 26-5-1 on April 9. It now heads to Gov. Bill Lee’s desk for his signature. WKRN reports that Democrats brought more than a dozen amendments to try to mitigate the circumstances of the bill. All failed on party lines.

A bill that would change how bail is determined is headed to Gov. Bill Lee's desk. If it becomes law, a defendant's ability to pay would no longer be considered when determining what a defendant's bail amount should be. News Channel 5 reports that bill sponsor Rep. John Gillespie, R-Memphis, says this change will improve public safety and make the bail process more efficient. Rep. John Ray Clemmons, D-Nashville, argued in a tweet that the measure is "adverse to equal access to justice" and "one of the most discriminatory bills of 2024."

Lawmakers were set to vote on a bill today that would amend the Tennessee Constitution to give Tennessee judges more discretion to approve or deny bail for the crimes covered by the 2022 “Truth in Sentencing” law, a mandatory-minimum law for violent offenses, News Channel 5 reports. The proposal would apply to violent offenses like acts of terrorism, second degree murder, aggravated rape of a child and more. It also would require those who commit those crimes to serve more of their sentence if convicted. The change would have to be approved by a simple majority of both chambers this year and by two-thirds of both chambers in 2025 before being placed on the November 2026 ballot as a yes/no question. House Speaker Cameron Sexton, R-Crossville, introduced the proposal in February. The measure has already passed the Senate.

Gov. Bill Lee says he is “extremely disappointed” that his proposed school choice plan will not make it into law this year. The comments came after the House and Senate appeared unable to negotiate on certain stipulations, including testing requirements, WKRN reports. According to the news source, the Senate had no issue with how schools administer tests, but House leaders wanted to limit end-of-course exams to increase instruction time. Lee said he was disappointed “for the families who will have to wait yet another year for the freedom to choose the right education for their child, especially when there is broad agreement that now is the time to bring universal school choice to Tennessee. While we made tremendous progress, unfortunately it has become clear that there is not a pathway for the bill during this legislative session.”