| The 105th General Assembly adjourned Sine Die May 21. The final session days were long and grueling as the pitfalls of an oversized budget shortfall began to erode the process.
For the Caucus, this was a very successful year for the overwhelming majority of bills we supported or opposed. Several of our successes are listed below. The entire 2008 Caucus legislative history can be viewed in the Archive reports below.
Since 1972, the Caucus has set itself apart as the leader in taking on issues that have a profound impact on the economic, equity, and health status of women, children’s welfare, and issues that affect families. This membership takes great pride in the non-partisan advocacy role we play at the legislature when it comes to our agenda. We have made a palpable and admirable difference in the last 36 years.
Thank you for being a part of this organization and for your commitment to keeping an eye on the day-to-day implications of law written out of our General Assembly. We shed an immense, well-needed light on many important and critical issues impacting women, children and families.
Lottery Scholarships for Non-traditional Students-PASSED (Caucus Supported)
A priority issue for the Caucus in 2007 and 2008, less restrictive lottery scholarship requirements for non-traditional students, won approval in an “omnibus” lottery scholarship bill approved during the final days of the 2008 legislative session. HB653/SB611, with prime sponsors Rep. Les Winningham and Sen. Jamie Woodson, had to go to a conference committee to work out differences, but the final language was good news for older students and others who could be called non-traditional. Changes related to the GPA required for non-traditional students, as well as the minimum number of hours a student must be enrolled, among other things.
Protected Trust Exception for Child Support-PASSED (Caucus Supported)
The Tennessee Bar Association sought the introduction of SB3882/HB2888, by Sen. Kyle and Rep. Coleman, which is designed to eliminate a potential problem related to “spendthrift” trusts. The trusts, which have recently become available in Tennessee after passage of a bill last year, allow the protection of personal assets from any creditor after a four-year waiting period. This year’s bill inserts an exception for child support orders as is the case in several other states.
Resource Mapping of Funds for Children-PASSED (Caucus Supported)
SB4012, by Sen. Black, and HB3936, by Rep. Sherry Jones, required the Tennessee Commission on children and Youth to design and oversee a resource mapping of all federal and state funding sources that support the health, safety, permanence, growth, and development of children in the state. The Caucus supported the bill.
Joint Custody/Equal Parenting-FAILED TO PASS (Caucus Opposed)
Although two bills affecting presumptive joint custody were filed this year, one was never heard in subcommittee or committee and the other met the same fate as a 2007 bill by the same sponsor. Senator Tate, Rep. Hardaway, Senator Ketron, and Rep. Fraley were bill sponsors and wanted to establish a presumption that “equal parenting” is in the best interest of a child of divorcing or unmarried parents. In addition to the Caucus, the Tennessee Bar Association opposed the bills, and the Tennessee Judicial Council had serious reservations about the concept.
Mandatory Paternity Tests-FAILED TO PASS (Caucus Opposed)
Two bills requiring paternity testing failed to pass in 2008, sponsored by Senator Black, Rep. Hardaway, and Senator Tate. These bills sought to require paternity tests prior to a court’s custody decisions, and would have required paternity testing prior to listing a father on a birth certificate. The Tennessee Department of Human Services and the Tennessee Bar Association opposed these bills.
SJR 127-FAILED TO PASS (Caucus Opposed)
SJR127 called for a state constitutional amendment that would prohibit the application of a privacy provision in Tennessee’s constitution to any rights pertaining to abortion. It was defeated in the House Health Committee’s Public Health Subcommittee, as it was in 2006. (It had been passed by the Senate in 2005 and 2007.) The proponents had argued that its passage was necessary to eliminate judicial “interference” in legislative attempts to regulate abortion. Three provisions were indeed struck down several years ago, including a 48-hour waiting period, an informed consent requirement that applied only to physicians, and a requirement that second trimester abortions being performed only in hospitals. However, a parental consent provision remains and informed consent is required by other parts of the code.
Cohabitating Persons Not Allowed to Adopt-FAILED TO PASS (Caucus Opposed)
SB3910/HB3713, by Sen. Stanley and Rep. John DeBerry, would have prohibited individuals who live together without being married from adopting children. The bill applied to both couples of the same gender and of different genders. The Department of Human Services opposed this bill.
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