TBA Law Blog


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Posted by: Stacey Shrader Joslin on Sep 7, 2016

House Speaker Beth Harwell indicated today that there will be an effort to expel embattled Rep. Jeremy Durham when the legislature reconvenes in a special session next week. “Expulsion motions are procedural in nature, so it is permitted regardless of the call,” Harwell told The Tennessean. “There will be a motion and a vote on expulsion, and I welcome the opportunity to vote for it.” The legislature will reconvene Monday at 2 p.m. to deal with a DUI law that puts federal transportation funding in jeopardy.

Posted by: Stacey Shrader Joslin on Sep 6, 2016

The special session called by Gov. Bill Haslam to fix an issue with the state’s drunken driving law will begin next Monday at 2 p.m. and end sometime on Wednesday, officials have announced. Haslam issued a proclamation Friday calling for the session. The proclamation limits action to revision of a bill passed earlier in the year that changed the punishment for persons aged 18-21 for drunken driving and any related matters. The “fix bill” is expected to be approved without opposition but must pass on three separate readings on different days to comply with the state constitution. A final vote is expected on  Wednesday. Knoxnews has more.

Posted by: Stacey Shrader Joslin on Sep 2, 2016

Gov. Bill Haslam is calling a special legislative session to try to resolve an issue that could cost the state $60 million in federal highway funds, the Tennessean reports. The moves comes after lawmakers approved legislation to increase the allowable blood alcohol limit for 18- to 20-year-olds and increased penalties for violations. Federal authorities say the state’s law is not in compliance with its zero tolerance law, which forces states to set 0.02 as the allowable blood-alcohol level for drivers under 21. After weeks of discussion with federal authorities, Haslam announced the need for a special session.

Posted by: Stacey Shrader Joslin on Sep 1, 2016

State House Democratic Caucus Chairman Mike Stewart, D-Nashville, is blaming Republican House Speaker Beth Harwell, R-Nashville, for creating an environment that put the state in jeopardy of losing $60 million in federal highway funds, Knoxnews Politics reports. “This was not an accident,” Stewart said Wednesday. “This was the direct result of specific policies put in place by Speaker Beth Harwell.” He went on to say that Harwell’s decision to accelerate the pace of legislative sessions, place a cap on the number of bills lawmakers can introduce, and ignore concerns about the state’s fiscal review process all have led to the current situation. The state is facing the loss of federal funding after increasing the blood alcohol level allowed for 18- to 20-year-olds found driving drunk.

Posted by: Stacey Shrader Joslin on Aug 31, 2016

Tennessee Democratic lawmakers are calling for a public hearing on the state’s decision to approve increases for some health insurance plans by as much as 62 percent. They say Insurance Commissioner Julie Mix McPeak has not done enough to show the increases are needed to keep the health insurance market afloat, Nashville Public Radio reports. McPeak blamed flaws in the Affordable Care Act for the increase. But Democrat Sen. Jeff Yarbro questioned why Tennessee is doing so much worse than everyone else. “Why are our rates going up higher and faster than every country — every other state in the country?” Some say it is because the state has not expanded its Medicaid program to include the sickest residents, leaving them in the general insurance pool.

Posted by: Stacey Shrader Joslin on Aug 29, 2016

Federal prosecutors have opened an investigation into campaign expenditures by Franklin Republican Rep. Jeremy Durham, the lawmaker’s lawyer confirmed to the Tennessean today. The U.S. attorney’s office reportedly has issued two subpoenas for records related to campaign finance issues and a possible tax violation. Durham’s lawyer Peter Strianse said his client was complying with those orders. The move comes in addition to an investigation by the Tennessee Registry of Election Finance, which is looking at alleged discrepancies in Durham’s campaign records.

Posted by: Stacey Shrader Joslin on Aug 24, 2016

Gov. Bill Haslam says he does not want to call a special session of the legislature to fix the state’s drunk driving laws, but the possibility of losing $60 million might just force him to do so, WPLN reports. Haslam’s comments come in response to warnings from transportation officials that the state will lose $60 million in highway funds if it does not lower the blood alcohol limit for 18 to 20 year olds to 0.02. Lawmakers had increased the limit to 0.08 earlier this year but imposed tougher penalties, including jail time, for violations. They say they did not know the change would be a problem. Haslam hopes to convince federal authorities to hold off until lawmakers reconvene in January, but supports a special session if that is what is needed to retain the funding.

Posted by: Stacey Shrader Joslin on Aug 22, 2016

Democratic U.S. Rep. Jim Cooper is criticizing Tennessee Republicans for changes to the state’s underage drunken driving law that could lead to a loss of $60 million in federal highway funding, the Associated Press reports. The new law divides teens into two groups: 16 and 17 year olds, who remain subject to the federally-recommended limit of 0.02 blood alcohol content and 18 to 20 year olds, which have an allowable limit of 0.08 percent but are now subject to the same penalties as adult drivers. The bill’s sponsor said legislators were not warned of a potential conflict with federal standards but would work to address the issue. Humphrey on the Hill has the story.

Posted by: Stacey Shrader Joslin on Aug 18, 2016

State Rep. Martin Daniel was formally booked today on a misdemeanor assault charge stemming from an incident last month in which he allegedly shoved his Republican primary opponent Steve Hall during an on-air radio forum. Daniel went on to win the primary and faces Democrat Brandi Price in the general election. According to Knoxnews, Daniel says he offered Hall a “heartfelt and sincere” apology and was surprised by the assault charge.

Posted by: Stacey Shrader Joslin on Aug 16, 2016

A $191,000 discrepancy exists between bank records and financial disclosures for Rep. Jeremy Durham’s main campaign finance account, according to the Registry of Election Finance. But the state agency says it cannot make a firm determination about the accuracy of the records due to “investments, failure to report contributions and other transactions.” The agency, which was asked to review Durham’s finances based on allegations the lawmaker used campaign funds for his private business, said it will continue to gather facts. The Tennessean has more.


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