TBA Law Blog


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Posted by: Stacey Shrader Joslin on Mar 15, 2023

The Senate Health and Welfare Committee was scheduled to consider legislation today that would dissolve the independent Tennessee Commission on Children and Youth. State Senate Majority Leader Jack Johnson, who sponsored the bill, said it would distribute the responsibilities of the commission to other parts of the government. SB282/HB330 is sponsored in the House by Majority Leader William Lamberth, R-Portland, but has not yet been scheduled. Gov. Bill Lee supports the move, saying reorganization will “better serve Tennessee children by incorporating important services within child and family-serving state agencies, which includes DCS.” Opponents say the change would damage an already unstable child welfare system, Tennessee Lookout reports.

Posted by: Stacey Shrader Joslin on Mar 15, 2023

After three teens escaped Saturday from the Wilder Youth Development Center in Fayette County, lawmakers and juvenile justice reform advocates are calling for changes. This latest escape comes after more than a dozen residents have broken free in recent years. "There's a lot of work that needs to be done," said Tennessee Rep. Torrey Harris, D-Memphis, who toured the facility last year. Harris said the building felt more like a prison rather than a place to rehabilitate young people. Johnnie Hatten, an investigator with Disability Rights Tennessee — which published a critical report about the facility last year — said the facility needs additional and more attentive staff. They did not even know the kids were gone until the police called, she tells Local Memphis.

Posted by: Stacey Shrader Joslin on Mar 15, 2023

The Tennessee legislature took the first step toward rejecting $1.8 billion in federal funding for K-12 education yesterday as members of a House panel approved creating a task force to determine the process for rejecting the money. If ultimately adopted, Tennessee would be the first state to reject federal funding that supports education programs, Main Street Media reports. The proposal is backed by House Speaker Cameron Sexton, R-Crossville, who has said federal funds are accompanied by federal mandates that can hinder the quality of the state’s education system. HB1249/SB1507 now advances to the full House Education Committee. The Senate Education Committee considered the bill today.

Posted by: Barry Kolar on Mar 14, 2023

A bill that would have ended permitless carry in Nashville and Memphis failed in the legislature, WKRN reports. Lawmakers leading the effort said it was a way to address the “out of control” gun violence in Tennessee’s urban communities and would reinstate the previous carry regulations. Senator London Lamar, D-Memphis, said the previous legislation had stricter regulations, background checks and gun safety education. “I’m not against anybody using a gun, I own a gun, but I went through the class and I demonstrated that I know how to use it,” Lamar said. “It wasn’t hard.” Opponents said they didn’t think the measure would help fix the problem of gun violence.

Posted by: Barry Kolar on Mar 14, 2023

Transgender people in Tennessee would be prevented from changing their driver’s licenses and birth certificates under legislation approved on Monday by the Republican senators, WSMV reports. The legislation, which still must clear the House chamber, would define male and female in state law and base people’s legal gender identities on their anatomy at birth. Legislative officials have warned that enacting the bill could cost the state millions in federal funding because the definition conflicts with federal rules.

Posted by: Barry Kolar on Mar 14, 2023

The owner of Tootsie’s Orchid Lounge and several other Nashville bars is pushing legislation to move control of establishments in the downtown tourism development zone out from under the control of the Nashville beer board and instead give oversight to the Tennessee Alcoholic Beverage Commission, Tennessee Lookout reports. Tootsie’s owner Steve Smith and the Metro Nashville government have butted heads in recent years, particularly over rules during the early months of the coronavirus pandemic.

Posted by: Stacey Shrader Joslin on Mar 13, 2023

Tennessee Lt. Gov. Randy McNally will take a pause from social media amid controversy over his interactions with a young gay man's Instagram photos and other LGBTQ content, the Tennessean reports. McNally has said that he only meant to encourage those he supported through comments and emojis. In a statement today, he said he should have been more careful about how those comments would be perceived. He also apologized for any embarrassment his posts caused for family, friends and colleagues. The most vocal opposition has come from two members of the state’s conservative media. Michael Patrick Leahy with the Tennessee Star and radio talk show host Matt Murphy have called on McNally to step down from his leadership role.

Posted by: Stacey Shrader Joslin on Mar 13, 2023

A new bill introduced by House Speaker Cameron Sexton, R-Crossville, would create a statutory framework for determining if youth are sent to juvenile or adult criminal court, Nashville Public Radio reports. Currently, when a juvenile is charged with a crime, they go to juvenile court with transfer to adult court used in the most serious cases. The bill would reverse that process, sending juveniles to adult court first but allowing criminal court judges in some circumstances to refer them to juvenile court. Depending on the child’s age, qualifying crimes could be murder, aggravated robbery or carjacking. Juvenile justice advocates are saying the change could have disastrous results. They also argue that the bill would take discretion away from juvenile judges, who have the expertise to weigh factors such as a young person’s mental health and history.

Posted by: Stacey Shrader Joslin on Mar 13, 2023

Just days after Gov. Bill Lee signed a bill that will cut Nashville's council in half, the city has filed a lawsuit against the state claiming the law violates the Tennessee Constitution and the rights of Davidson County voters. It also has filed a motion for injunction, asking the court to halt the law’s implementation to allow local elections in August to proceed as originally planned. In the suit, Metro argues the new law dismantles the government established by voters when Davidson County and Nashville consolidated in the early 1960s, violating the home rule amendment of the state Constitution. The suit also argues that the statute's proposal to extend current council members' terms should Metro not meet a May 1 redistricting deadline violates a state constitution provision mandating four-year terms for county legislators. The suit will be heard by a panel of three judges. The Tennessean has more on the issue.

Posted by: Julia Wilburn on Mar 10, 2023

A bill moving through the legislature would change how Knoxville voters elect city council members. Currently, when voters head to the polls during city primary elections, they are allowed to vote for candidates only in their district. During the city general elections, however, Knoxville voters are able to vote for candidates in all districts. The bill, HB 0817, was introduced by Rep. Elaine Davis, R-Knoxville. It would delete a section from the Tennessee code that created the voting rule exemptions for cities and counties of specific sizes (currently Knoxville and Morristown are the only two cities that utilize the exemption). Rep. Gloria Johnson, D-Knoxville, voted against the bill. She said she believes it would cause more confusion surrounding local elections, saying many people in her district, which includes Knoxville, have spent decades voting in city elections every two years and would need to change their voting habits. WBIR Channel 10 News in Knoxville has the story.


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