TBA Law Blog


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Posted by: Stacey Shrader Joslin on Dec 16, 2016

Gov. Bill Haslam's proposed rule requiring out-of-state Internet retailers to collect sales tax from Tennessee customers passed its first legislative test yesterday, the Times Free Press reports. Opponents, who had sought to add a “negative recommendation” to the bill, failed in that effort during the Joint Government Operations Committee session. The rule now becomes part of an omnibus bill covering proposed rules across state government. The next step will be the individual House and Senate Government Operations Committees, where opponents could try to strip the rule from the bill.

Posted by: Stacey Shrader Joslin on Dec 14, 2016

A Tennessee lawmaker says it is unclear what action a legislative panel will take this week on Gov. Bill Haslam’s proposed rule to require out-of-state retailers with no physical presence in the state to collect state and local sales taxes on Internet purchases. “What happens Thursday is anybody’s guess right now,” Senate Government Operations Committee Chairman Mike Bell, R-Riceville, told the Times Free Press. The Department of Revenue’s proposed rule would apply to out-of-state Internet retailers and catalog sellers with sales exceeding $500,000 annually. 

Posted by: Stacey Shrader Joslin on Dec 14, 2016

State Sens. Lee Harris, D-Memphis, and Jeff Yarbro, D-Nashville, were re-elected to leadership positions in the 110th General Assembly, Humphrey on the Hill reports. Harris was re-elected Senate minority leader, while Yarbro was re-elected Democratic Caucus chair. The pair say their party will be more active in "getting the word out” on issues such as health care, outsourcing and public transit issues during the next legislative session.

Posted by: Stacey Shrader Joslin on Dec 13, 2016

Tennessee legislative staff have destroyed “files, documents, photographs, emails and other information” that were on computers and tablets used by Jeremy Durham while he was a member of the House of Representatives, the Tennessean reports. The paper learned of the move after it requested information related to Durham’s activities. Connie Ridley, director of legislative administration told the paper that Durham’s electronic devices have been set back “to factory default settings” and all documents are “irretrievable."

Posted by: Stacey Shrader Joslin on Dec 12, 2016

Tennessee House Speaker Beth Harwell, R-Nashville, plans two policy changes directly related to the downfall of lawmaker Jeremy Durham, the Tennessean reports. In a statement Friday, Harwell said she will propose that the House Ethics Committee hear allegations of sexual harassment and then recommend action to the full chamber. Under current rules, the committee may not hear these cases. Harwell also said she would push for changes in the rules to allow the reporting of raw numbers of violations or complaints filed under the House’s discrimination and harassment policy.

Posted by: Stacey Shrader Joslin on Dec 12, 2016

A pair of Republican lawmakers will be making another go at legalizing medical marijuana this coming legislative session, Nashville Public Radio reports. Sen. Steve Dickerson, a Nashville doctor, and Rep. Jeremy Faison of East Tennessee plan to unveil details of the legislation this week. The two have argued for several years that marijuana can help people with chronic and terminal conditions manage pain. This past fall, Rep. Faison travelled to Colorado to meet with Tennesseans with chronic pain now living there.

Posted by: Stacey Shrader Joslin on Dec 5, 2016

The state Juvenile Justice Task Force is working toward a final report and is expected to make a number of recommendations to lawmakers on how juveniles should be treated in the legal system. That makes it likely that the legislature will consider some form of juvenile justice reform in the next session, the Tennessean reports. The task force, chaired by state Senate Majority Leader Sen. Mark Norris, R-Collierville, is focused on a number of issues, including the youth probation system, inconsistent court practices across the state and use of valid court orders, which put the weight of the court behind directives for school attendance and curfews.

Posted by: Stacey Shrader Joslin on Nov 30, 2016

The Georgia-based nonprofit advocacy group Patients for Fair Compensation again this year plans to seek legislation that would ban all malpractice suits in the state, the Nashville Post reports. The group’s proposal will be introduced by Sen. Jack Johnson and Rep. Glen Casada, both Republicans from Franklin. The proposed plan would create a patients’ compensation system funded by annual fees charged to doctors. Instead of filing a lawsuit, an aggrieved patient would apply for compensation to an administrative law judge who would assess the claim. The bill, which surfaced last year for the first time, is opposed by a number of legislators and the Tennessee Medical Association.

Posted by: Stacey Shrader Joslin on Nov 18, 2016

Former state Rep. Joe Armstrong will collect his legislative pension in spite of his federal felony conviction for tax fraud, Knoxnews reports. Armstrong represented Knoxville’s 15th District from 1988 until this year. He will draw a yearly pension of $28,744.08 or $2,395.34 per month, the maximum allowed. A spokesperson for the state retirement system said that since his felony conviction was not related to his legislative service, he will retain his pension.

Posted by: Stacey Shrader Joslin on Nov 17, 2016

Tennessee state House Speaker Beth Harwell staved off a challenge today as Republicans voted to keep her in leadership, the Tennessean reports. Harwell, who has been speaker since 2011, defeated Rep. Jimmy Matlock of Lenoir City by a 40-30 vote. Republicans also returned Rep. Glen Casada, R-Franklin, to the post of majority leader by a vote of 42-29. In the state Senate, Republicans unanimously nominated Randy McNally of Oak Ridge to be the next speaker. If elected by the full chamber in January, he also will serve as lieutenant governor, taking over for the retiring Ron Ramsey. Other GOP leaders were returned to office with Sen. Mark Norris of Collierville approved as majority leader and Sen. Bill Ketron of Murfreesboro approved as caucus chairman, the Nashville Post reports.


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