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TBA Law Blog

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Senator Drops Counseling Bill

Posted by: Katharine Heriges on Feb 8, 2017
A controversial counseling bill, which would have required the state to write a new code of ethics for licensed counselors and therapists, has been dropped by its sponsor, the Tennessean reports. Sen. Jack Johnson, R-Franklin, said he would abandon plans to proceed with the legislation and instead sign on to another bill, SB 449, which would require changes made by any licensed professionals to their codes of ethics to be reviewed by the attorney general and approved by the state legislature. 

Report from The Hill: AOC Budget Moves Forward

Posted by: Brenda Gadd on Feb 7, 2017

A bill that would remove appellate review from death penalty cases, sending them straight to the Tennessee Supreme Court, passed the House Criminal Justice Subcommittee unanimously today without discussion and will move on to the full committee next week. After discussion in the Senate Judiciary Committee, Sen. John Stevens, R-Huntingdon, rolled the Senate version of bill and will re-calendar it. The Administrative Office of the Courts spoke on behalf of the Criminal Court of Appeals and replied that its court was split and did not want to take an official position. Senate and House judicial committees also heard the budget of the Administrative Office of the Courts and it was recommended for approval. Although the judicial branch is the third equal branch of government, the Tennessee courts budget represents less than one half of one percent of the entire state budget, with funding coming from the state's general fund. Read the AOC annual report here.

 

Haslam Bill Package Filed

Posted by: Katharine Heriges on Feb 7, 2017
Gov. Bill Haslam's legislative agenda was filed this week, including his much-discussed transportation funding bill, the Nashville Post reports. The agenda also includes a bill to ban open containers of alcohol in vehicles, a bill to increase internet access in rural communities and a proposal to fund scholarships for non-high school students to attend community college, among others. All bills are sponsored by House Assistant Majority Leader David Hawk, R-Greeneville, with the exception of the transportation bill, called the IMPROVE Act, which is sponsored by Majority Leader Glen Casada, R-Thompson Station.

Death Penalty Bill Heads to Committee This Week

Posted by: Katharine Heriges on Feb 6, 2017

A bill that would remove appellate review from death penalty cases, sending them straight to the Tennessee Supreme Court, will head to committee tomorrow, according to the Tennessean. The legislation is scheduled to be taken up in the House Criminal Justice Subcommittee at 1:30 p.m. and the Senate Judiciary Committee at 3:30 p.m.

Davidson, Shelby County Judicial Elections Targeted by New Legislation

Posted by: Katharine Heriges on Feb 1, 2017
A Republican lawmaker has filed a bill to create nonpartisan judicial elections, but only in Davidson and Shelby counties, according to the Nashville Post. The bill, filed by Sen. Steve Dickerson, R-Nashville, would provide that counties with populations over 500,000 must have nonpartisan elections for all “state trial court judgeships, county judicial offices and judicial clerk offices.” Democrats are claiming the bill unfairly targets the two counties in the state that tend to elect Democrats. The TBA’s Committee on the Judiciary has been asked to recommend a policy and is currently reviewing the legislation.

Democrats Counter Anti-Decriminalization Bill

Posted by: Katharine Heriges on Feb 1, 2017
Legislation filed this week by state Democrats seeks to ease punishments for those found with small amounts of marijuana, the Nashville Scene reports. The bill would still classify possession of up to one-eighth of an ounce of marijuana as a Class C misdemeanor, but offenders could only be punished by a fine up to $50. Rep. Harold Love, D-Nashville, said that the bill aims to establish statewide consistency and eliminate jail time and massive fines for possession of a very small amount of the drug, but not to make it legal. The legislation comes after Rep. William Lamberth, R-Cottontown filed a bill this week that would override local ordinances that partially decriminalize marijuana.

Bill Introduced Would Require “Alien” on Immigrant IDs

Posted by: Katharine Heriges on Feb 1, 2017
A bill introduced yesterday would require the Tennessee Department of Safety to label ID cards with “alien” or “non-citizen” for anyone who does not have permanent status to live in the U.S., the Tennessean reports. Rep. John Ragan, R-Oak Ridge, cited terror attacks as the rationale for filing the bill. The legislation also calls for any license, permit or identification to expire when the person’s work visa or temporary authorization expires. Advocacy organizations likely to oppose the legislation say it is unnecessary and will threaten foreign investment in Tennessee. 

Judiciary Committee Holds First Meetings

Posted by: Brenda Gadd on Jan 31, 2017
The Senate Judiciary Committee met for the first time this year, passing out of committee Senate Joint Resolution 9, which calls for a convention committee of the states to plan for an Article V convention to propose a balanced budget amendment to the United States Constitution. The convention of the state committee is set for July 11 in Nashville, according to the resolution's sponsor, Sen. Brian Kelsey, R-Germantown. This passed out with a vote of 8 in favor and 1 against. Senator Lee Harris, D-Memphis, presented Senate Bill 18, clarifying that a person petitioning for a certificate of employability does not have to be in the process of restoring the person's rights of citizenship in order to get the certificate. This bill will be considered during next week’s committee meeting on Tuesday.

Haslam Gives State of State; Deadline for Bills Next Week

Posted by: Brenda Gadd on Jan 31, 2017

The Tennessee General Assembly is officially underway with Monday night’s joint meeting of the Senate and House to hear Governor Bill Haslam’s State of the State address. The governor’s budget hearings are expected to kick off next week, with the filing deadline for legislation set for Feb. 9. Budget hearings will run through the week of March 17 and the expected budget amendment deadlines will be the third week in March. At this time, the legislature is expected to adjourn its business sine die near the end of April.

Harwell Launches Opioid Taskforce

Posted by: Katharine Heriges on Jan 27, 2017
A new legislative task force will tackle Tennessee’s growing opioid and painkiller abuse crisis, the Tennessean reports. House Speaker Beth Harwell, R-Nashville, formed the task force to identify strategies to address addition, abuse and misuse of illegal and prescription drugs. The bi-partisan group will be chaired by Rep. Curtis Johnson, R-Clarksville.
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