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TBA Law Blog

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Bill to Create New Judicial District Faces Pushback Over Funding

Posted by: Katharine Heriges on Apr 16, 2019
A bill that would create a new judicial district in Middle Tennessee is facing pushback, with one local official saying it seemed rushed and left out key details, the Tennessean reports. The proposal would split up the 21st judicial district that includes Williamson County and three smaller rural counties. The three counties — Hickman, Lewis and Perry — would become their own district, with a dedicated judge, district attorney and public defender. Rep. Michael Curcio, R-Dickson, who represents Hickman County, said he brought the legislation, HB 1156, to address a "desperate need" in his district. District Attorney Kim Helper, who represents the current four-county district, said the bill does not provide for funding for support staff, and that it would shrink the number of prosecutors handling cases in Williamson County. Curcio said he was drafting an amendment to the bill following Helper's feedback to the House Judiciary Committee.

Committee Reaches Compromise on Community Oversight Subpoena Power

Posted by: Katharine Heriges on Apr 16, 2019
The state House and Senate this week reached a compromise as they seek to put in place regulations for police oversight boards like the newly established one in Nashville, the Nashville Post reports. A conference committee made up of members from both chambers decided on an amended version of the bill that would allow community oversight boards to seek a subpoena through a local elected body like a city or metro council. The full chambers now must approve the compromise bill.

Lawmaker Asks for AG Opinion on Residency Stipulation for School Vouchers

Posted by: Katharine Heriges on Apr 15, 2019
Memphis State Rep. G. A. Hardaway has asked the state attorney general to weigh in on whether Tennessee could legally block students who entered the country illegally from using a proposed education savings account program, the Tennessean reports. The Democratic lawmaker requested on April 8 that Tennessee Attorney General Herbert H. Slatery III issue an opinion on whether the ban on undocumented students in the bill is constitutional. The bill cites a section of law that applies to employment eligibility and would require parents or 18-year-old students to provide proof of legal residency.

Controversial Bills Dead for the Year

Posted by: Katharine Heriges on Apr 12, 2019
The Nashville Scene has a roundup of several controversial bills at the Tennessee legislature that are officially dead for the year. Several bills related to medical cannabis were rolled due to lack of committee time, but Sen. Steve Dickerson, R-Nashville, promises to bring them back next year. The “fetal heartbeat” bill, which enjoyed widespread support, was pulled by its Senate sponsor, Mike Bell, R-Riceville, for concerns about potential legal pitfalls in the current version. A bill allowing teachers to carry guns to school was taken off notice by its sponsor, Rep. Ryan Williams, R-Cookeville. 

TBA Legislative Update: Race to the Finish

Posted by: Katharine Heriges on Apr 12, 2019
Both the House and the Senate wrapped up budget hearings this week as the race to the finish begins. Leadership maintains session will wrap-up by the first week of May, but hotly contested bills like Gov. Bill Lee’s Educational Savings Account bill and the bipartisan sports betting bill pose a threat to that promise. Bills we have been tracking that are officially dead for the year include SB399/HB236: Increasing of homestead exemption; SB1404/HB1426: Presumption of joint custody;  SB1424/HB1411: Establishing requirements for providers operating websites offering consumer access to interactive software that generates legal documents based on consumer answers; SB1408/HB1257: Requiring General Assembly confirmation of vacancy appointments of judicial officers; SB54/HB122: Grandparent visitation; SB990/HB1183: Nonpartisan elections for judicial offices in Shelby and Davidson counties;  SB867/HB896: Requirement for educational training on conservatorships; and HB409/SB1275: addressing civil immunity for a person who uses or threatens force in self-defense.

State House Passes TennCare Block Grant Plan

Posted by: Katharine Heriges on Apr 11, 2019
The Tennessee House of Representatives has voted in favor a controversial plan to radically restructure the financing of the state's TennCare program, the Tennessean reports. The bill, HB 1280/SB 1428, could make Tennessee the first and only state to fund its Medicaid program through an annual lump sum payment instead of funding that is tied to enrollment and state spending. Currently the state receives more than $7.5 billion annually from the federal government for the program. Gov. Bill Lee has signaled support for the measure, but in the Senate the bill's fate in unclear.

TBA Legislative Update from Washington D.C.

Posted by: Katharine Heriges on Apr 11, 2019
This week's TBA Video Legislative Update was recorded on location in Washington, D.C., during the American Bar Association's Day on the Hill. TBA President Jason Pannu, lobbyist Brad Lampley and Kirsten Jacobson from the Tennessee Alliance for Legal Services filmed the remote segment in between meetings with Tennessee's congressional delegation. Watch it here on the TBA Facebook page and see previous updates on the TBA YouTube page.

Staples Steps Down from Democratic Leadership Role Following Ethics Subcommittee Investigation

Posted by: Katharine Heriges on Apr 11, 2019
Rep. Rick Staples, the Knoxville Democrat who violated the state legislature's sexual harassment policy, is stepping down from his leadership position in the House Democratic Caucus, the Tennessean reports. Staples, who has served as assistant minority leader, made the decision after the House Ethics Subcommittee, following an internal investigation, found Staples violated the General Assembly's sexual harassment policy. He previously apologized if his actions were "misinterpreted" by a woman who said Staples inappropriately grabbed her waist and made comments about her appearance, though he called the situation a "political character assassination."

House Subcommittee Finds Rep. Staples in Violation of Harassment Policy

Posted by: Katharine Heriges on Apr 10, 2019
Rep. Rick Staples has been directed to take "preventative action" and "remedial measures" after an internal investigation found he violated the legislature's sexual harassment policy, the Tennessean reports. The Workplace Discrimination and Harassment Subcommittee, part of the house Ethics Committee, met recently to review complaints against the Knoxville Democrat, and found him in violation of the policy. A letter from the committee detailing the findings did not specify what disciplinary actions are being taken against him, but it confirmed he has been instructed to work on his behavior.

Bill Allowing Unlicensed 'Natural Hair Styling' Heads to Gov. Lee for Signature

Posted by: Katharine Heriges on Apr 9, 2019
Legislation allowing unlicensed “natural hair styling” passed the House of Representatives last night despite opposition from Memphis lawmakers, The Daily Memphian reports. The legislation will now head to the governor's office for his signature. Rep. Antonio Parkinson was one of the opposition voices, saying that he grew up in his mother’s hair salon and witnessed “atrocities” done to people who visited unlicensed hair professionals. However, despite efforts to add amendments to the bill, sponsor Rep. Mary Littleton stood firm against changes and it passed along party lines.
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