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TBA Law Blog

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New Amendment Would Prohibit Municipalities from Regulating Single-Use Plastics

Posted by: Katharine Heriges on Mar 8, 2019
A new amendment to a state bill would make it illegal for municipalities to regulate, prohibit or charge a fee for many single-use plastic items, the Times Free Press reports. The bill would implement statewide standards for auxiliary devices: bags, cups, bottles, straws, to-go boxes, delivery packaging and more — whether they are reusable or single-use. Opponents believe the bill is overreaching, but legislators argue it will create statewide standards that are easier to follow. The bill would immediately kill any municipality's ability to limit the use of single-use pollutants through local regulations, leaving such decisions up to the state, which does not currently have plans to implement such restrictions.

TBA Weekly Video Legislative Update - March 7

Posted by: Katharine Heriges on Mar 7, 2019
The TBA's weekly livestream video legislative update is now available on Facebook. This week's update discusses the TBA's lobbying process, from bill selection all the way through committee. Catch up on all of the TBA's legislative updates on YouTube. Watch future updates every Thursday afternoon on the TBA's Facebook page.

Party Registration Bill Advances

Posted by: Katharine Heriges on Mar 7, 2019
A new bill regarding party registration has passed the Tennessee House Elections and Campaign Finance Subcommittee, the Nashville Post reports. The bill would allow for party registration but not require it to vote in primary elections. Those who choose to register as a member of a party would be prevented from voting in another party’s primary. The legislation comes after a bill with a similar topic, which would have required party registration to vote in primaries, failed in a House committee.

Bill Restricting Subpoena Power for Community Oversight Boards Passes the Senate

Posted by: Katharine Heriges on Mar 6, 2019
A bill placing restrictions on civilian-led police oversight boards in Tennessee has advanced in a Senate committee, though with an amendment allowing a process for obtaining subpoenas, The Tennessean reports. The legislation initially removed all subpoena power from community oversight boards, such as the newly-created Nashville board, which was approved by 59 percent of voters in November. The bill's sponsor, Sen. Mike Bell, R-Riceville, filed the amendment after consulting with officials in Knoxville. Bell's amendment would allow an independent investigator employed by a community oversight board, chief of police or head of a police department's internal affairs division to file a petition with a judge to issue a subpoena.

General Assembly Ramping Up for Busy March

Posted by: Berkley Schwarz on Mar 1, 2019
It was a busy week at the legislature, as committees continued to ramp up to speed and more bills were placed on notice. Some lawmakers opted to run their bills early in session to avoid the inevitable rush that takes place in April, and other committees dedicated their entire calendars to bills addressing certain topics. Several house subcommittees also announced last calendars for the week of March 11, as leadership continues to press things along on a schedule to allow the legislature to adjourn sometime in early May. On Monday, Gov. Bill Lee will address a joint convention of the legislature to deliver his first State of the State address. Lee’s speech will highlight his key initiatives and priorities, and will likely include issues such as increased funding for school safety, greater resources for mental illness treatment, and an increased focus on having students ready for the workforce out of high school. 

TBA Weekly Legislative Update Focuses on Non-TBA Bills

Posted by: Katharine Heriges on Feb 28, 2019

The TBA's weekly livestream legislative update was posted today. This week's edition focused on bills that have been filed that were not TBA bills but still have ramifications for the legal community. Watch the video here, and add a question in the comments - it could be answered in a future livestream.

Lee to Detail Criminal Justice Reform Proposals in State of the State Address

Posted by: Katharine Heriges on Feb 28, 2019
Gov. Bill Lee's office last week announced a suite of criminal justice reforms that will be included in his legislative priorities for the year, The Tennessean reports. Lee's proposals include $10.5 million to outfit eight state prisons with equipment needed to provide high school education and college-level courses, $1.7 million in additional funding for state recovery courts, and the elimination of a $180 expungement fee that will allow some lower-level offenders to clear their criminal records for free. Lee is expected to discuss his plans in more detail during the annual State of the State address.

Nonpartisan Judicial Elections Bill Fails in Subcommittee

Posted by: Katharine Heriges on Feb 27, 2019
A bill that would have established nonpartisan elections for certain positions in Davidson and Shelby counties failed in a House subcommittee today, The Nashville Post reports. Republicans on the House Elections and Campaign Finance Subcommittee questioned why its sponsor, Rep. Tom Leatherwood, R-Arlington, had not secured support from local governments in Shelby and Davidson counties. In Nashville, the bill would have made judicial elections and those for constitutional officers like court clerk nonpartisan. In Shelby County, where judicial elections are already nonpartisan, the bill would have affected elections for county mayor, commission and other charter offices. Democrats swept those Shelby County races last year after years of Republican control. A similar bill from Sen. Steve Dickerson, R-Nashville, would have a similar effect but would apply to every county in the state and only to judicial positions.

'Fetal Heartbeat' Bill Advances in House

Posted by: Barry Kolar on Feb 26, 2019
A House committee voted 15-4 in favor of the so-called "fetal heartbeat" bill, which would ban most abortions in Tennessee, the Tennessean reports. The bill bans nearly all abortions after a fetal heartbeat is detected, which typically occurs early in a pregnancy and, in some instances, even before a woman knows she's pregnant. The bill includes an exception for a medical emergency, but not for pregnancies that result from rape or incest.

Bill Would Prevent Court Officials From Recognizing Same-Sex Unions

Posted by: Katharine Heriges on Feb 25, 2019
A new bill introduced into the Tennessee legislature that targets the 2015 U.S. Supreme Court ruling legalizing same-sex marriage would prohibit government officials from recognizing any court ruling that affirms LGBT unions, The Tennessean reports. Another provision in the bill, sponsored by Sen. Mark Pody and Rep. Jerry Sexton, requires the state attorney general to defend the proposal in any subsequent court challenges. On Friday, the Fiscal Review Committee released an analysis of the bill, known as a fiscal note, which found it “could jeopardize federal funding if it is determined the state is in noncompliance with federal law.”
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