Government Affairs Update

Follow the TBA's efforts to influence federal and state policy as it fulfills one of the core missions of the association – advocacy for the profession and for our system of justice.

Tennessee Legislature Wraps Up 2018 Session

The Tennessee General Assembly adjourned for the year yesterday, with a last-minute flurry of bills passing or dying prior to the gavel. Two proposed constitutional amendments, one which would have declared that “Almighty God” is the source of all liberty and another that would have laid out procedures for replacing a governor when he or she becomes incapacitated, failed, Humphrey on the Hill reports. Legislators also approved a bill yesterday intended to block local governments from taking actions similar to the city of Memphis in regards to Confederate monuments.
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UAPA Appeals Bill Passes Through Legislature

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. 
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Bill Raising Unpaid Child Support Interest Rate Advances

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. 
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Senate Rejects 4 Haslam Nominees to New UT Board

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. 
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TBA Leaders in Washington to Meet with Legislators

Tennessee Bar Association leaders are in Washington, D.C., this week to participate in the 2018 ABA Day on the Hill. Over two days they are meeting with the members of the House and Senate from Tennessee to discuss issues of importance to lawyers across the state.

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Todd, Bush to Seek Republican Nomination for District 73 State House Seat

Jackson businessman Chris Todd announced his candidacy for the Republican nomination for the District 73 seat of the Tennessee State House, joining Madison County Commissioner Jay Bush in the race to replace retiring state Rep. Jimmy Eldridge, The Jackson Sun reports. Eldridge, a Republican, confirmed last month that he would not seek re-election after he announced plans to run for mayor of Jackson. Todd has never before sought political office.
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House District 67 to See Contested Democratic Primary

The race to replace Rep. Joe Pitts in the Tennessee State House will be contested, The Leaf-Chronicle reports. Jason Hodges, who received Pitts’ blessing, will face Houston Rye in the Democratic primary to represent the district, which covers most of Clarksville. The winner will go on to face Republican Tommy J. Vallejos in the general election. Pitts, a Democrat, served 12 years in the House before announcing his retirement last year.
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Former Johnson City Mayor to Challenge Incumbent in House District 6 Primary

Former Johnson City mayor Steve Darden has qualified to challenge incumbent state Rep. Micah Van Huss, The Johnson City Press reports. Darden, an attorney, served for 10 years on the city commission. Van Huss was first elected in 2012. Both are Republicans and will face off in the primary, with the winner to take on independent candidate Murphy Johnson and Democrat Justin R. Leslie in the general election.
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Tennessee’s First Female African-American Senator to Retire

Sen. Thelma Harper, Tennessee’s first African-American woman to serve in the State Senate, announced today that she is stepping down after 27 years in the legislature. NewsChannel5 reports Harper, the Nashville Democrat representing the 19th district, was also the first woman to preside over the Senate, and spoke at the Democratic National Convention in 2000.
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Tennessee Republicans File Bill Against Neo-Nazis

Two weeks after killing a Democrat’s resolution to denounce neo-Nazis, Republican lawmakers have introduced a similar bill of their own, The Tennessean reports. The Republicans’ bill is nearly identical to the one previously filed by Rep. John Ray Clemmons, D-Nashville; however it omits a paragraph urging law enforcement to pursue white nationalist groups as “domestic terrorist organizations.” Clemmons’ bill made national headlines earlier this month after the House State Government Subcommittee refused to even discuss it. "They either have an intra-party dispute about whether Nazis are bad or they killed my resolution for politically partisan reasons or both," Clemmons said of the new bill, sponsored by House Republican Caucus Chair Ryan Williams, R-Cookeville.
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