TBA Law Blog


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Posted by: Stacey Shrader Joslin on Apr 14, 2015

The state Senate voted 23-9 today to begin the lengthy process of giving Tennessee voters the say on whether the state attorney general should be popularly elected in 2020, the Chattanooga Times Free Press reports. The resolution now goes to the House. If it receives a majority vote there, it would then go on to be considered by the 110th General Assembly, which will convene in 2017. There it would need a two thirds vote in each chamber before it could go on the ballot.

Posted by: Stacey Shrader Joslin on Apr 14, 2015

Lawmakers approved and sent to the governor a bill that would create a statewide protocol for the collection of sexual assault evidence kits, the Commercial Appeal reports. The bill would require that evidence be tested within 60 days of healthcare providers turning them over to law enforcement agencies. The measure also directs the state’s Domestic Violence Coordinating Council to create a model policy for responding to reports of sexual offenses, and requires law enforcement agencies to establish written procedures with the same or higher standards.

Posted by: Stacey Shrader Joslin on Apr 14, 2015

Both chambers of the legislature last evening approved a bill allowing Tennesseans to possess cannabidiol oil with less than nine-tenths of one percent of tetrahydrocannabinol when a family member has been diagnosed by a doctor with intractable seizures, the Commercial Appeal reports in its legislative roundup. Families with children who suffer from chronic seizures have been lobbying lawmakers for the legislation.

Posted by: Stacey Shrader Joslin on Apr 14, 2015

A conference committee today stripped out a provision allowing handguns on state Capitol grounds from the “guns-in-parks bill," the Memphis Daily News reports. The conference committee was necessary after the Senate refused to strike the provison, which the House already had removed. The compromise bill must now be approved by both chambers, which could come this week.

Posted by: Stacey Shrader Joslin on Apr 13, 2015

A new $5 fee for Knox County Criminal Court cases won approval from the state Senate and is expected to go to a vote in the state House this week, Knoxnews reports. If signed by the governor, then the Knox County Commission would have to vote whether to implement the fee. Knox County Criminal Court Clerk Mike Hammond proposed the fee to help pay the costs of operating the Fourth Circuit Court. Those opposed to the idea say it would disproportionately hurt the poor in Knox County.

Posted by: Stacey Shrader Joslin on Apr 13, 2015

A legislative fix to the state notary laws was signed by Gov. Haslam last week. The bill, SB888/HB1033, clarifies that notaries public who do not charge a fee for services do not have to keep a record of their dealings, and that the records of notaries who are bank employees are governed by bank privacy laws. An attorney general’s opinion last year, which interpreted a 2014 change to the statute to classify notary records as public documents, caused some concern in the legal community. The effective date of the bill is April 6.

Posted by: Stacey Shrader Joslin on Apr 13, 2015

Two pieces of the TBA’s legislative package were signed by Gov. Bill Haslam last week. SB877/HB1183, which originated with the TBA’s Construction Law Section, makes changes to two sections of the Mechanics’ and Materialmen’s Liens statute that are clerical and procedural in nature. SB144/HB620, which proposed technical changes to the for-profit and non-profit corporations code, was signed into law and has been enacted as Public Chapter 60.

Posted by: Stacey Shrader Joslin on Apr 13, 2015

The state Senate was scheduled to vote today on an issue that has become familiar in judicial politics: electing Tennessee’s state attorney general. Sen. Mae Beavers, R- Mt. Juliet, who unsuccessfully tried to pass a similar measure twice last year, is calling for an amendment to the state’s constitution to make the position subject to public election beginning in 2020. The resolution (SJR 63) is co-sponsored by Lee Harris, D-Memphis. Read more in the Memphis Business Journal.

Posted by: Stacey Shrader Joslin on Apr 10, 2015

The state House has voted to allow constables in Tennessee to be armed if they are certified by the Tennessee Peace Officers Standards and Training Commission, the Memphis Daily News reports. The chamber voted 92-1 on Thursday to approve HB1094 sponsored by Rep. Timothy Hill, R-Blountville. The companion bill, SB1008, is awaiting a full floor vote in the Senate.

Posted by: Allan Ramsaur on Apr 9, 2015

The Senate Judiciary Committee, which wrapped up work for the session last night, approved plans to implement the confirmation process for appellate judges and a plan to establish a Trial Court Vacancy Commission that would submit names to the governor to fill vacancies on trial courts. The confirmation process would include recommendations from committees in each house of the General Assembly and be followed by separate votes in each body. A rejection vote by both houses would be required to prevent the governor’s appointee from being confirmed. The selection panel for vacant trial court positions would run much like the judicial nominating commission that sunset in 2013. The governor would appoint from three nominees from the group appointed by the two speakers. The 17-member panel would include at least 10 lawyers. A copy of the draft amendment is believed to carry all of the material provisions.


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