TBA Law Blog


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Posted by: Barry Kolar on Mar 25, 2015

Activity in the Tennessee General Assembly is now in full swing. Keep track of the action by following the TBA Action List for news about bills the TBA has a direct interest in -- those it has initiated, taken a position on, or has a policy on -- or the TBA Watch List, which offers a broader list of bills of interest to the Tennessee legal community.

Posted by: Brittany Sims on Mar 24, 2015

Legislation proposing a $5 fee for criminal court cases in Knox County is under fire from defense attorney Mike Whalen, who said it hurts the poor. Knox County Criminal Court Clerk Mike Hammond said the fee would generate at least $100,000 a years and cover the cost of court services for which his office can't bill, particularly in the 4th Circuit Court. Knoxnews has more.

Posted by: Brittany Sims on Mar 24, 2015

The state Legislature on Monday passed a bill allowing workers to sue their employers if they are fired for storing guns in cars parked on company lots, Knoxnews reports. The state in 2013 enacted a law to give handgun-carry permit holders the right to store their firearms in vehicles on company lots regardless of their employers' wishes, but an Attorney General's opinion later found that while the law decriminalized the actions of those who ignored posted gun bans on private property, employers could still terminate workers for violating company firearms policies.

Posted by: Josie Beets on Mar 23, 2015

A resolution that would grant Gov. Bill Haslam the power to strike a deal with the federal government on Medicaid expansion was recommended today by the Senate Health and Welfare Subcommittee on TennCare. A special session called by the Governor in February ended with the defeat of his Insure Tennessee proposal in a 7-member Senate committee. The advancing resolution SJR 93 — sponsored by Sen. Jeff Yarbro, D-Nashville — would revive that effort. The Associated Press has more

Posted by: Josie Beets on Mar 23, 2015

A bill creating a mandatory administrative medical malpractice liability system that would impact healthcare liability, including hospitals and nursing homes, is slated to be heard in committees in both houses of the General Assembly this week. If passed, the system would be similar to the workers' compensation system. SB507/HB546 is sponsored by Rep Glen Casada, R-Thompson Station, and co-sponsored in the Senate by Sen. Jack Johnson, R-Brentwood, and Sen. Mark Green, R-Clarksville. The TBA opposes this legislation because of its deep professional commitment to courts as the principal dispute resolution mechanism. Weigh in using TBAImpact.

Posted by: Josie Beets on Mar 19, 2015

Legislation advancing “for-profit benefit corporations” in Tennessee is on Tuesday's calendar for the Senate Commerce and Labor Committee. SB972/HB767 would enact the “For-Profit Benefit Corporation Act,” requiring such an entity to identify at least one specific public benefit in order to maintain its status. The bill was heard in the House Business and Utilities Subcommittee this week, where it was strongly backed by the Nashville Chamber of Commerce. Mike Yopp, chair of the TBA Business Entity Study Committee, also testified as the TBA has serious reservations about the act as written.

Posted by: Josie Beets on Mar 19, 2015

The TBA bill calling for an increase in pay for court appointed attorney will go before the House Civil Justice Subcommittee next week. Sponsored by Rep. Mike Stewart, D-Nashville, HB1025 would raise compensation to a minimum of $100 per hour. The companion bill in the Senate, SB1009, is sponsored by Sen. Lee Harris, D-Memphis. It has been referred to the Judiciary Committee and is expected to be considered in the coming weeks. Court appointed attorneys have been working at the same rate since 1994 and have the lowest compensation rate in the nation. Use TBAImpact or contact subcommittee members directly to express your views.

Posted by: Stacey Shrader Joslin on Mar 19, 2015

A House subcommittee on Wednesday killed a bill that would have allowed students to keep guns in their cars on public college campuses in Tennessee, the Commercial Appeal reports. The subcommittee killed the bill on voice vote after members spoke against an amendment that was added by sponsor Sen. Brian Kelsey, R-Germantown. The addition would have allowed an employee or student to transport and store a firearm or ammunition “in compliance with” handgun-carry permit law while using a parking area owned, used or operated by a school of higher education. The original bill limited the protection to “non-student adults” and only if the weapon was not being handled.

Posted by: Brittany Sims on Mar 18, 2015

A person convicted of three or more DUI offenses would be prohibited from buying alcohol under a new bill introduced by Sen. Frank Nicely, R-Strawberry Plains. If passed, the Department of Safety would print “NO ALCOHOL SALES” on the license or photo ID issued to a person who has been convicted of three or more DUI’s. WATE has more.

Posted by: Brittany Sims on Mar 18, 2015

Many Tennessee House committees routinely go behind closed doors first for unannounced "pre-meetings" where they discuss pending bills before they come up in committees and subcommittees, the Chattanooga Times Free Press reports. Advocates of open government as well as some legislators and lobbyists have questioned the process, and House Speaker Beth Harwell, R-Nashville, is now asking  House  leaders to end the practice, The Tennessean reports.


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