TBA Law Blog


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Posted by: Amelia Ferrell Knisely on Mar 3, 2016

The state Senate Education Committee unanimously voted Wednesday to strip state funding from the University of Tennessee-Knoxville’s Office of Diversity and Inclusion, The Tennessean reports. The decision comes after two controversial posts on the office’s website.

Posted by: Allan Ramsaur on Mar 2, 2016

The Senate Judiciary Committee on Tuesday passed a bill (SB 2484) that would extend the statute of limitations for civil actions based on an injury resulting from child sexual abuse. The bill, sponsored by Sen. Becky Massey, R-Knoxville, extends the statute to seven years beyond the victim’s age of majority. The measure’s House companion last week passed out of the House Civil Justice Committee. The committee also signed off on a measure that would make Tennessee one of the first states to adopt the Asbestos Trust Bankruptcy Claims Transparency Act (SB 2062), sponsored by Sen. John Stevens, R-Huntingdon.

Posted by: Brenda Gadd on Mar 1, 2016

Legislation introduced last year that would provide guidance and authority for executors, guardians, conservators, powers of attorney, trustees and others to access a deceased individuals’ digital assets has been sent to Gov. Bill Haslam. Digital property and electronic communications are included among assets. SB0326 by Sen. Norris, R-Collierville, and HB0774 by Rep. Martin Daniel, R-Knoxville, passed its final hurdle but will not take effect until July 1. The bill’s final version (Senate Amendment 1 and Senate Amendment 2) includes revisions from the National Conference of Commissioners on Uniform State Laws and has been dubbed the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA). 

Posted by: Amelia Ferrell Knisely on Feb 29, 2016

State lawmakers are debating a bill (HB 1096 / SB 1001) that would allow police to seize items only after an arrest has been made and would bar forfeiture of property until after a criminal conviction, the Kingsport Times-News reports. Under the measure, a defendant could petition the court to access seized assets to pay for his or her defense and would replace civil forfeiture with criminal forfeiture. Sullivan County District Attorney General Barry Staubus disagrees with the measure. “The current procedures we have in place on civil forfeiture in Tennessee protects sufficiently due process,” he said.

Posted by: Barry Kolar on Feb 26, 2016

Legislation that would require the state Supreme Court to make its selection of a new attorney general in open session could come up for review in the Senate Judiciary Committee next week, Gavel to Gavel reports. The bill (SB 1269/HB 1306) is sponsored by Rep. Mike Carter, R-Ooltewah, and Sen. Ken Yager, R-Kingston.

Posted by: Amelia Ferrell Knisely on Feb 25, 2016

“MaKayla’s Law” (SB 2294 / HB 2058) would make it a violation for a Tennessee resident to leave a loaded firearm unattended and readily accessible to a child under 13. The measure, introduced today by Democratic lawmakers, is named after MaKayla Dyer, an 8-year-old Jefferson County girl killed in October by her 11-year-old neighbor. The juvenile, who killed Dyer with his father’s shotgun, was found guilty earlier this month of first-degree murder. The Knoxville News Sentinel summarizes the proposed violations, which range from a Class A misdemeanor to a Class C felony.

Posted by: Amelia Ferrell Knisely on Feb 25, 2016

A Senate panel signed off Wednesday on a bill that would create an advisory task force to oversee fantasy sports websites, such as FanDuel and Draft Kings. The two major fantasy sports companies were accused last year of insider trading. The proposed nine-member force would be able to recommend any necessary statutory revisions to the state’s consumer protection laws, The Tennessean reports. The bill, presented by Sen. Jack Johnson, R-Franklin, now heads to the the Senate Commerce and Labor Committee.

Posted by: Amelia Ferrell Knisely on Feb 24, 2016

A House subcommittee today unanimously approved a bill that would reduce the punishment for those found guilty of carrying a small amount of drugs. The bill would make three or more convictions for simple possession of any drug a misdemeanor, The Tennessean reports. The bill now heads to the full House Finance, Ways and Means Committee.

Posted by: Amelia Ferrell Knisely on Feb 24, 2016

The Senate passed SB2403 by Sen. Doug Overbey, R-Maryville, authorizing the Chief Medical Officer of the Department of Health to implement a state-wide collaborative pharmacy agreement specific to opioid antagonist therapy. The agreement would apply to any pharmacist licensed and practicing in the state. Tennessee leads in the number of prescription painkillers per person, and saw a record number of deaths from opioid overdoses in 2014, according to The Tennessean. The companion bill will be heard on the House floor tomorrow.

Posted by: Allan Ramsaur on Feb 23, 2016

Legislation from Rep. William Lamberth, R-Cottontown, permitting until July 1, 2016 the combined signatures of witnesses and those executing a self-proving affidavit to validate a testators signature moved out of the House Judiciary Committee today. The bill (HB 1472) is intended to address a situation like that addressed in the Court of Appeals case IN RE Estate of Bill Morris.


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