TBA Law Blog


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Posted by: Kate Prince on Mar 5, 2020

This week on the Legislative Updates podcast, TBA Director of Public Policy and Government Affairs Berkley Schwarz and Adams and Reese attorney and TBA lobbyist Brad Lampley check in on the progress of TBA-sponsored bills, including legislation from our Business Law (SB1990/HB1886), Real Estate (SB1989/HB1885) and Adoption Law (SB1769/HB1676) sections. Legislative Updates is part of the TBA Podcast Network and can be found on the TBA’s website and anywhere you listen to podcasts.

Posted by: Barry Kolar on Mar 3, 2020

The Tennessee House passed legislation (HB 1650) enabling human trafficking to be used as a self-defense in criminal cases, the Daily Memphian reports. “This is not a get-out-of-jail free card, it’s an opportunity for human trafficking victims to take their claim into court,” the bill’s sponsor, Rep. London Lamar, D-Memphis, said shortly before the House passed her first bill unanimously. The bill was proposed in reaction to the case of Cyntoia Brown, who was convicted of killing 43-year-old Johnny Mitchell Allen when she was a 16-year-old prostitute. She was sentenced to 51 years in prison.

Posted by: Stacey Shrader Joslin on Feb 28, 2020

A measure seeking to reverse Gov. Bill Lee’s decision to participate in the federal refugee resettlement program passed out of the House State Committee on Tuesday. According to WATE.com, Rep. Terri Lynn Weaver, R-Lancaster, attempted to downplay the resolution’s focus on refugees and instead focus on the legislature’s role in budgeting tax dollars. According to Weaver and other Republican members, the federal government is unconstitutionally forcing Tennessee to pay for resettlement costs.

Posted by: Kate Prince on Feb 27, 2020

A new House “sports calendar” will now deal with bills before the General Assembly dealing with student-athletes, the Daily Memphian reports. Several of the bills before the House Higher Education Subcommittee were prompted by the NCAA’s suspension of University of Memphis basketball star James Wiseman, who opted to leave the team to prepare for the NBA draft after his suspension. On the calendar will be HB 2648 and HB 2649 from Rep. Joe  Towns, D-Memphis, and HB 1694 from Rep. Antonio Parkinson, D-Memphis. The bills focus on allowing student-athletes to get paid for endorsements or for use of their name, image or likeness, preventing universities from penalizing athletes for receiving gifts from boosters. The bills would also lead to the creation of a fund to make one-time payments to eligible athletes who don’t go pro after graduation.

Posted by: Stacey Shrader Joslin on Feb 24, 2020

The Federal Bureau of Investigation issued warrants for state Sen. Katrina Robinson’s home and business on Friday and searched both places, the Daily Memphian reports. Robinson, a Democrat representing District 33, could not be reached for comment and the FBI did not release details. Her business, Healthcare Institute, provides training for certified nursing assistants, licensed practical nurses and advanced phlebotomy. The company website said it received a $1.6 million grant from the U.S. Department of Health and Human Services in 2015 to provide scholarships for people “looking for a jumpstart to their education and also to provide patient education to the elderly community.” Memphis attorney Edward Stanton of Butler Snow said late Friday he has been retained by Robinson to handle the case.

Posted by: Stacey Shrader Joslin on Feb 24, 2020

The chair of the House Subcommittee on TennCare says he will hold a full and fair hearing on Medicaid expansion this year, Nashville Public Radio reports. Details of a bill expanding Medicaid coverage have not been finalized but Rep. Ron Travis, R-Dayton, and Sen. Richard Briggs, R-Knoxville, have committed to reintroduce their legislation despite resistance from party leaders. State Rep. David Hawk, R-Greeneville, told WPLN that as chair he will give the bill plenty of time and allow outside witnesses to testify.

Posted by: Kate Prince on Feb 21, 2020

The State Capitol Commission heard arguments yesterday on what should be done with the bust of Confederate General Nathan Bedford Forrest that currently resides in the state Capitol, the Tennessean reports. Rep. Sabi Kumar, R-Springfield, told the commission of a resolution he has filed to add memorials of civil rights advocates near any Civil War monument on Capitol grounds. A House committee is set to hear that resolution on Tuesday. Finance and Administration Commissioner Stuart McWhorter, who chairs the commission, said no vote would be taken on removing the bust until a vacancy on the commission is filled.

Posted by: Kate Prince on Feb 20, 2020

The state House today passed a measure that would give Williamson County its own judicial district, the Nashville Post reports. The legislation, which would split Williamson from Hickman, Perry and Lewis counties in the state judicial system, failed in the House last year, but the $1.4 million needed for this move was included in Gov. Bill Lee's budget proposal. Williamson County would join Shelby, Davidson, Sullivan, Blount, Knox, Anderson, Hamilton, Coffee and Sumner counties as the only counties with their own judicial districts.

Posted by: Kate Prince on Feb 20, 2020

State lawmakers on Wednesday introduced a proposal that would amend controversial voter-registration restrictions passed last year, the Tennessean reports. Last year’s GOP-backed restrictions would allow the state to fine registration groups for turning in too many incomplete signup forms, a move that opponents say would suppress efforts to register more minorities and other voters. Two lawsuits were immediately filed against the measure and its implementation was blocked by a federal judge as it awaits trial in February 2021. Yesterday’s proposals would again change the rules for signing up new voters, adding a requirement that the state offer voluntary training on registration laws and requiring applications to be submitted within 15 days of a registration drive. The latest measures were approved by the House Elections and Campaign Finance Subcommittee and must now pass the full House Local Committee before going to the House floor for consideration.

Posted by: Kate Prince on Feb 14, 2020

Tennessee’s Right to Work Law is one step closer to becoming engrained in the state Constitution, the Daily Memphian reports. The bill flew through the Senate this week, backed only by Republicans in a 24-5 vote. Since 1947, the state’s Right to Work law has prohibited agreements between companies and labor unions requiring all employees to pay union fees even if they benefit from a union contract. By adding language to the state Constitution, the resolution, sponsored by Sen. Brian Kelsey, R-Germantown, would make the law difficult to repeal. The resolution must be passed in consecutive sessions of the General Assembly and then approved by a majority of voters participating in the ensuing governor’s election before it can be placed in the Constitution.


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