TBA Law Blog


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Posted by: Brittany Sims on Jan 20, 2015

Tennessee’s General Assembly is predominantly white, Christian males, a new report shows. Nashville Public Radio analyzed lawmakers’ official profiles and campaign websites and found that 83 percent of them are men, 86 percent are white and 96 percent self-identified as Christian. Vanderbilt political science professor Bruce Oppenheimer said the lack of female lawmakers was more disparate and surprising since women make up half the state’s population.

Posted by: Brittany Sims on Jan 20, 2015

In a shakeup of House committees, Republican House Speaker Beth Harwell replaced two chairmen, the Chattanooga Times Free Press reports. Harwell replaced Government Operations Committee Chairman Judd Matheny, R-Tullahoma, with Rep. Jeremy Faison, R-Cosby, and Local Government Committee Chairman Rep. Matthew Hill, R-Jonesborough, with Rep. Tim Wirgau, R-Buchanan. The moves, announced over the weekend, also resulted in the elevation of several new committee chairmen and vice chairmen as several top positions were reshuffled or else had been left vacant by members who didn't run for re-election in 2014.

Posted by: Brittany Sims on Jan 16, 2015

Sen. Brian Kelsey, R-Germantown, and Rep. Jeremy Durham, R-Franklin, have filed legislation that would block the creation of a state health exchange in the event a federal court rules that tax credits under the Affordable Care Act are available only on state exchanges. Senate Bill 72 is designed to prevent “Tennessee from operating any ObamaCare exchanges in the future,” Kelsey said in a statement. The Supreme Court is set to hear oral arguments in King vs. Burwell — a case that challenges the use of tax subsidies on the federal exchange under the ACA — on March 4. The Tennessean has the story.

Posted by: Brittany Sims on Jan 15, 2015

Passions ran high on the first day of the Tennessee General Assembly as women's rights groups rallied against Amendment 1, WSMV reports. The amendment, which passed last November, allows lawmakers more power in regulating abortions. Sen. Sara Kyle (D-Memphis) backed up the protesters. "We, as government people, don't need to tell women what to do here with their health," Kyle said. Supporters of the amendment argued that their mission lies in safety and protecting women.

Posted by: Brittany Sims on Jan 15, 2015

People accused of domestic violence would be required to stay behind bars for at least 12 hours if a new proposal becomes law, the Tennessean reports. State law requires a 12-hour "cooling off" period, but judges are allowed to waive the period. That judicial discretion led to a controversial case in Nashville last June and prompted Rep. William Lamberth, R-Cottontown, to file this bill.

Posted by: Stacey Shrader Joslin on Jan 14, 2015

A joint session of the state House and Senate today approved new terms for two of the state’s constitutional officers, Nashville News Channel 5 reports. Comptroller Justin Wilson, a Nashville tax attorney and former aide to Gov. Don Sundquist, and Treasurer David Lillard, a financial and tax attorney from Germantown and former member of the Shelby County Commission, were re-elected to their fourth two-year terms. Secretary of State Tre Hargett is in the middle of a four-year term so he did not stand for re-election.

Posted by: Stacey Shrader Joslin on Jan 13, 2015

Tennessee lawmakers today kicked off a largely symbolic start to the 109th General Assembly, the Tennessean and WBIR report. Republican Rep. Beth Harwell of Nashville and Sen. Ron Ramsey of Blountville were re-elected as speakers of the House and Senate. Rep. Craig Fitzhugh of Ripley was elected minority leader and Rep. Mike Stewart of Nashville was named caucus chairman. Rep. Joe Armstrong, D-Knoxville, took over as minority leader pro tem – a new position created by House Democrats to work with the governor’s office on policy. The real action was on the streets, however, as hundreds of protesters opposed to new restrictions on abortions marched on the capitol. The organizational session will last until Gov. Bill Haslam’s inauguration on Saturday. Lawmakers then will go on a two-week break.

Posted by: Stacey Shrader Joslin on Jan 12, 2015

In a five-page letter to the state attorney general, Tennessee Senate Finance Committee Chairman Randy McNally, R-Oak Ridge, has posed a series of questions about the legal validity of Gov. Bill Haslam’s proposal to expand Medicaid, Knoxnews reports. The letter raises a series of questions, including long-term financial liabilities for the state, the constitutionality of terminating coverage after the two-year pilot expires and the legality of an assessment fee to be imposed on Tennessee hospitals. “We need a lot of in-depth type questions answered,” McNally said, adding he believes the “vast majority” of Republican legislators are — like himself — undecided about the proposal but are willing to listen and learn more about it.

Posted by: Suzanne Craig Robertson on Jan 9, 2015

Doctors would need to provide women more information about pregnancies and abortions before performing an abortion if a bill filed Wednesday in the Tennessee General Assembly becomes law. The “informed consent” proposal comes from state Sen. Mae Beavers, R-Mt. Juliet, and would restore a law that was in effect in Tennessee before a 2000 state Supreme Court ruling that drastically changed abortion laws in the state. The Tennessean has the story.

Posted by: Stacey Shrader Joslin on Jan 7, 2015

A backlash over Erlanger’s Health System’s generous bonuses to top managers is ramping up as Hamilton County lawmakers ready for the legislative session, the Times Free Press reports. State Sen. Todd Gardenhire, R-Chattanooga, said the payouts, which came just months after the hospital froze vacation time, tightened benefits and phased out pensions and retiree insurance, “could be the most expensive bonuses anybody has ever gotten.” Also at issue is whether hospital trustees violated the open meetings law when they discussed the bonuses at two closed meetings. Area lawmakers say they plan to ask the state attorney general to rule on whether the law was violated and several say they plan to introduce legislation to modify a 2008 law that allows public hospitals to discuss strategic plans in private meetings.


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