TBA Law Blog


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Posted by: Josie Beets on Mar 31, 2015

A bill that would place a mandatory 12-hour hold on defendants charged with a domestic violence offense (SB610/HB41) was amended today to preserve judicial discretion in such cases. The original legislation left no opportunity for a judge to waive the hold. The amendment provides that a judge may waive the 12-hour hold under certain circumstances, including if more than 48 hours have elapsed from the time the offense occurred or if the defendant has turned himself or herself in to proper authorities. The measure was amended in the Senate Judiciary Committee and forwarded to the full Senate for consideration.

Posted by: Josie Beets on Mar 31, 2015

SB877/HB1183 passed the House chamber this week and is headed to the governor’s desk for signature. The bill makes changes to two sections of the Mechanics’ and Materialmen’s Liens statute that are clerical and procedural in nature. The proposal originated with the TBA’s Construction Law Section. In addition, SB144/HB620, which proposed technical changes to the for-profit and non-profit corporations code, passed both chambers this week. Finally, SB161/HB609, which would treat pension benefits the same as other marital property in divorce proceedings, passed the Senate and is set for a House vote on April 1. Find out more about important bills in the legislature at TBAImpact.

Posted by: Stacey Shrader Joslin on Mar 30, 2015

The Senate sponsor of legislation to establish an administrative system for addressing healthcare liability and errors announced today that the bill (SB507 by Sen. Jack Johnson and HB546 by Rep. Glen Casada) will not receive any further consideration this year, but will be the subject of an ad hoc committee study this summer. Also today, the Senate version of a bill to create a system for allowing employers to create a private workers' compensation plan bypassing the state system (SB721 by Sen. Mark Green and HB 997 by Rep. Jeremy Durham), cleared its first hurdle in the Senate Commerce and Labor Committee by a 6-0-2 vote, with one member absent.

Posted by: Stacey Shrader Joslin on Mar 30, 2015

A state House subcommittee has approved legislation setting rules for access to digital information after death or disability, Humphrey on the Hill reports. The “Uniform Fiduciary Access to Digital Assets Act” has drawn opposition from representatives of Facebook, Google and Amazon on the grounds that it would declare company policies void if they conflict with state law. The bill gives the legal representative of a deceased or incapacitated person authority to decide how pictures and postings on a site will be disposed of, even though the user once gave the site the right to control such things. TBA Executive Director Allan Ramsaur said many social media sites put such provisions in the fine print of their sign-up contracts, which has led to unfortunate situations. Knoxnews has the story.

Posted by: Brittany Sims on Mar 27, 2015

The National Rifle Association would violate state ethics laws if it offers lawmakers free tickets to a show featuring Alan Jackson and Jeff Foxworthy when the national gun organization's annual convention comes to Nashville in April, the Tennessee Ethics Commission wrote in a draft opinion. Any company that employs a lobbyist can't give a gift "directly or indirectly" to any "official in the legislative branch," according to the state Comprehensive Ethics Reform Act of 2006. The NRA has three registered lobbyists in the state. The Tennessean has the story.

Posted by: Josie Beets on Mar 27, 2015

Lawyer legislators Sen. Lee Harris, D-Memphis, and Sen. Brian Kelsey, R-Germantown, held a "Twitter Debate" today, covering Insure Tennessee, school vouchers, guns and racial profiling. Phil Williams from NewsChannel5 summarizes the conversation through the series of tweets.

Posted by: Brittany Sims on Mar 26, 2015

The Senate Health and Welfare Committee passed Insure Tennessee legislation Wednesday evening by a 6-2-1 vote. Senate Joint Resolution 93, which would authorize Gov. Bill Haslam to proceed with plans to use federal dollars to help working people buy into employer-sponsored health plans and expand Medicaid eligibility to poor Tennesseans, now goes to the Commerce and Labor Committee. The Tennessean has more.

Posted by: Brittany Sims on Mar 26, 2015

A bill meant to even the playing field for wages for men and women was rejected by state lawmakers Wednesday afternoon, Nashville Public Radio reports. The measure would have let women file wage complaints at their local courthouses. Currently in Tennessee, only federal courts can handle pay discrimination suits.

Posted by: Barry Kolar on Mar 25, 2015

A bill establishing task forces to implement e-filing in Tennessee trial courts and to review changes to the appointment of counsel for indigent parties advanced out of the Senate Judiciary and House Civil Justice Subcommittees this week.  SB649/HB141 requires that both task forces be formed by July 15, and will be required to report their findings and recommendations by Dec. 5. Legislators also asked that the task force consider a bill SB1009/HB1025 that would raise the rate of pay for attorneys doing appointed work. TBA House of Delegates member and Athens attorney Bridget Willhite testified on the need for the increase.

Posted by: Josie Beets on Mar 25, 2015

Legislative Hearings

Sen. Lee Harris, D-Memphis, speaks to colleagues on the Senate Judiciary Committee on his bill to raise the pay of attorneys doing court-appointed work.

Legislative Hearings


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