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TBA Law Blog

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State House Approves Bill to Block Local Marijuana Laws

Posted by: Katharine Heriges on Mar 23, 2017
The Tennessee House approved a bill today that would block marijuana decriminalization measures recently passed by the Nashville and Memphis councils, the Tennessean reports. The bill would repeal any local law pertaining to drugs that is inconsistent with state statutes. The local ordinances would give police the option to hand out lighter civil citations for possession of small amounts of marijuana.

Bathroom Bill, Medical Marijuana Nixed for the Year

Posted by: Katharine Heriges on Mar 22, 2017
The so-called “bathroom bill” and a bill to legalize medical marijuana, two much-discussed pieces of legislation, are officially dead for the year in the General Assembly, the Tennessean reports. The bathroom bill, which would require students in public schools to use the bathroom corresponding with the sex listed on their birth certificate, failed to receive a motion in the Senate Education Committee today, killing the bill. Likewise, House sponsor Rep. Jeremy Faison, R-Cosby, said yesterday that while a medical marijuana bill had support in his chamber, it couldn’t get the necessary support in the Senate. A task force will study the issue over the summer.

Bill That Would Exonerate McKinney Moves Forward

Posted by: Katharine Heriges on Mar 15, 2017
A bill that would eliminate the need for the Governor’s approval on certain exoneration requests has been approved by a subcommittee and is headed for the full Criminal Justice Committee, the Tennessean reports. If passed, the bill would include the exoneration application of Lawrence McKinney, the Wilson County man who spent 31 years in prison on a charge he was later cleared of through DNA evidence. McKinney was released from jail but so far has been unable to gain exoneration. 

Resolution Chastising California Clears Senate

Posted by: Katharine Heriges on Mar 14, 2017
A resolution criticizing California’s travel ban to Tennessee passed the state Senate last night, the Times Free Press reports. The updated version of Sen. Mike Bell’s (R-Riceville) bill removed language calling for a reciprocal ban. Tennessee was among four states – the others being North Carolina, Mississippi and Kansas – to which the California government banned all state-sponsored travel for passing discriminatory laws against lesbian, gay, bisexual and transgender individuals.

Uniform Limited Partnership Bill Passes Committee

Posted by: Brenda Gadd on Mar 7, 2017

The Tennessee Uniform Limited Partnership Act of 2017, drafted by a joint committee of the Tennessee Bar Association’s business and tax law sections, passed its first committee today with unanimous support in the House Business and Utilities Subcommittee. This legislation coordinates the limited partnership statute with those governing corporations and limited liability companies, updates the law for limited partnerships to operate in the modern business environment while allowing current limited partnerships to operate under existing law. This bill is the first of the TBA’s legislative package to be on a legislative calendar and is sponsored by Rep. Ron Travis, R-Dayton, in the House and Sen. Jack Johnson, R-Brentwood, in the Senate. You can learn more and show your support via TBAImpact.

Beavers Calls for Attorney General Elections

Posted by: Katharine Heriges on Mar 3, 2017
A Tennessee lawmaker wants the state attorney general to be elected by voters by 2024, the Lebanon Democrat reports. Sen. Mae Beavers, R-Mt. Juliet, has sponsored a joint resolution to amend the state’s Constitution to make the change, and the Senate Judiciary Committee approved it. In Tennessee the attorney general is appointed by the state Supreme Court for an eight-year term.

Shelby County Sets Timeline to Replace Lovell

Posted by: Katharine Heriges on Mar 3, 2017
The Shelby County Commission announced this week the timeline to replace Rep. Mark Lovell, WREG-TV reports. Lovell resigned in February amid allegations of inappropriate sexual contact. Applications for the District 95 seat will be available on the Shelby County Commission website March 21-27, interviews will be conducted March 29 and an official selection will be made during the commission’s April 3 meeting. District 95 voters will eventually vote in a special election in 2017 to decide a permanent replacement.

AG: Heartbeat Bill is ‘Constitutionally Suspect’

Posted by: Katharine Heriges on Mar 3, 2017
Tennessee Attorney General Herbert Slatery III wrote in an opinion that the core of a proposed bill banning abortions after a fetal hearbeat is detected is “constitutionally suspect,” the Tennessean reports. Slatery sited one part of the bill -- SB0244/HB0108, sponsored by Sen. Mae Beavers, R-Mt. Juliet and Rep. Micah Van Huss, R-Jonesborough -- as defensible: a provision that would require pregnant women to hear or view a fetal heartbeat before going through with an abortion.

Tenn. Among 16 States With Anti-Protesting Bills

Posted by: Katharine Heriges on Mar 3, 2017
Tennessee is one of 16 states with bills seeking to regulate protestors and public demonstrations, the ABA Journal reports. Tennessee’s bill removes liability from drivers who hit protestors with their car if the demonstrator was blocking the road. The bills, HB0668/SB0944, are sponsored by Sen. Bill Ketron, R-Murfreesboro, and Rep. Matthew Hill, R-Jonesborough. Other states have legislation that allows lawsuits against protestors to cover the cost of police response, increases penalties for rioting, and makes committing a crime while wearing a hoodie an extra misdemeanor charge.

Hearing Today on Bill to Tighten Asset Forfeiture Standards

Posted by: Allan Ramsaur on Mar 1, 2017

Legislation to reform the asset forfeiture process in Tennessee got a hearing today that lasted more than two hours in the House Civil Justice Subcommittee. Watch a video of the proceedings. The bill, HB428 by Rep. Martin Daniel, R-Knoxville, would establish more stringent standards for seizure and make return of assets easier. The Tennessee Bar Association supports substantial reforms in this area.

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