TBA Law Blog


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Posted by: Katharine Heriges on May 9, 2017
The Tennessee Senate signed off last night on a $37 billion state budget, which will now head to Gov. Bill Haslam for approval, the Tennessee Journal reports. Only Sen. Mae Beavers (R-Mt. Juliet) and Sen. Lee Harris (D-Memphis) voted against the proposal. The House approved the budget last week
Posted by: Katharine Heriges on May 9, 2017

The Tennessee House voted last night in favor of adding language to the Tennessee state Constitution attributing liberty to God, the Tennessee Journal reports. The bill, sponsored by Rep. Micah Van Huss (R-Jonesborough), seeks to add a sentence that reads: “We recognize that our liberties do not come from governments, but from Almighty God.” The bill will not head to the Senate for consideration until next year.

Posted by: Katharine Heriges on May 5, 2017
After rancor in the state House yesterday, the chamber undid much of the changes to the budget and passed a newly amended version of the proposed budget, the Tennessean reports. The latest version included an amendment of $55 million for road projects, which was originally set to go to the state Department of Transportation but will now be distributed among the 95 counties. The House voted 83-2, with only Rep. G.A. Hardaway (D-Memphis) and Rep. Andy Holt (R-Dresden) dissenting.
Posted by: Katharine Heriges on May 4, 2017
A proposal that would put cities and counties that ban guns in public buildings at risk of lawsuits passed the state House yesterday, the Times Free Press reports. The bill asks local authorities to choose between allowing those with handgun permits to bring guns to public locations or else buy metal detectors, hire security and check bags at those locations. It would also offer expanded protections for gun-rights groups to sue on behalf of those who feel slighted by gun restrictions, including being eligible for triple attorney’s fees. The Tennessee Journal reported that in House floor debate, Rep. Bill Dunn, R-Knoxville, and other critics said the provision for lawyers receiving triple the fees they are due for work on a lawsuit is unprecedented in Tennessee. Dunn's amendment to delete the fees provision was killed, 60-32.
Posted by: Katharine Heriges on May 4, 2017
The legislature came to a halt this morning after a group of frustrated Republican House members held a meeting with Democrats to advance last-minute changes to the state’s budget, the Tennessean reports. The House did not take a vote on the budget bill and adjourned until tomorrow morning. The Senate, which had been awaiting House approval before taking up the measure, adjourned until Monday. Earlier today after going through a series of bills during a floor session, the House went into recess before taking up the various budget bills. A flurry of amendments to the budget were filed in the last 24 hours, many of them multi-million dollar changes to the $37 billion budget proposal. Read more about discussed amendments at The Tennessee Journal.
Posted by: Katharine Heriges on May 2, 2017
Jim Obergefell, the primary plaintiff in the U.S. Supreme Court’s landmark same-sex marriage case, will visit the Tennessee state Capitol tomorrow to urge Gov. Bill Haslam to veto the so-called “LGBT erasure” bill, the Tennessean reports. The legislation requires undefined terms in state law to be given their “natural and ordinary meaning.” The measure includes terms such as “husband,” “wife,” “mother” and “father,” which are not explicitly defined in state law. It heads to Haslam’s desk after passing the Senate last week and the House last month.
Posted by: Allan Ramsaur on May 2, 2017

The TBA’s Tennessee Uniform Limited Partnership Act (TULPA) cleared its last major Senate hurdle today when the Senate Finance Committee recommended it for passage. The bill, sponsored by Sen. Jack Johnson (R-Franklin) and Rep. Ron Travis (R-Dayton), modernizes and harmonizes the provisions of the limited partnership law with other forms of business organization. The bill had to win Finance Committee approval because of a small fiscal note associated with filing fees. With the Finance Committees in both houses appearing to be close to wrapping up the budget, the General Assembly is expected to adjourn for the year early next week.

Posted by: Katharine Heriges on Apr 28, 2017
Tennessee House members sparred yesterday after they unwittingly voted in favor of a resolution honoring the achievements of Ku Klux Klan leader Nathan Bedford Forrest, the Tennessean reports. Rep. Mike Sparks (R-Smyra), apologized to members of the black caucus after sponsoring the resolution to honor Shane Kastler, the author of a book about Forrest. “I passed this not trying to hurt anybody's feelings,” Sparks said. Rep. Johnny Shaw (D-Bolivar) said he thought Sparks “pulled a fast one,” adding that he would take his vote back if he could.
Posted by: Katharine Heriges on Apr 28, 2017

The Tennessee Senate voted 23-6 yesterday to assign “natural and ordinary meaning” to terms in state law, drawing criticism from LGBT groups who view the bill as discriminatory, the Tennessean reports. The bill fails to define what terms it seeks to clarify, but resembles a similar previous measure that singled out terms like “husband” and “wife.” Sen. John Stevens (R-Huntingdon) said the bill was designed to compel courts to side with Justice Antonin Scalia’s dissenting opinion in the landmark same-sex marriage ruling. The House approved the measure last month, so it now heads to Gov. Bill Haslam’s desk for approval.

Posted by: Brenda Gadd on Apr 25, 2017

Legislation that increases penalties and fines for elderly abuse and creates a new offense for those who do not report it passed out of the House Criminal Justice Committee today and will now go to the House Finance Committee. Sponsored by Rep. Kelly Keisling, R-Byrdstown, and Sen. Mark Norris, R-Collierville, the bill (HB0810/SB1230) is supported by the District Attorneys General Conference, which was acting on findings provided by a governor’s task force. The Senate version of the bill, which is set to go before the Finance, Ways and Means Committee, differs some from the House version. It applies the protection to those 80 and older, while the House version applies it to those 70 and older. A fiscal note attached to the bill says there would be a $4.2 million cost for additional incarceration if the bill is passed.


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