TBA Law Blog


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Posted by: Brittany Sims on Apr 17, 2014

Tennessee lawmakers approved a compromise bill today that will allow the Amp to proceed as currently designed, although they aren’t ceding oversight of the planned $174 million bus rapid-transit project entirely. The Nashville Business Journal reports that under the compromise projects using a dedicated lane of traffic on a state highway would need the approval of a local legislative body and the commissioner of the Tennessee Department of Transportation. Bus rapid-transit projects that are state funded would be approved by the General Assembly in annual appropriations to TDOT, while projects that don't involve state funding will require individual approval by the General Assembly in the form of a joint resolution.

Posted by: Brittany Sims on Apr 16, 2014

The state House has voted to express "profound regret" for slavery and segregation in Tennessee, but stopped short of an outright apology. The chamber voted 97-0 in favor of the resolution sponsored by Democratic Rep. Mike Turner of Nashville, but the Republican-controlled chamber removed language from the original resolution that sought to offer "profound apologies" for slavery. The slavery measure followed the unanimous approval earlier in the session of a resolution expressing regret for the forced removal of more than 15,000 Native Americans in the 1830s. The Trail of Tears resolution was later approved by the Senate and signed by Gov. Bill Haslam yesterday. The Chattanooga Times Free Press has more from the Associated Press.

Posted by: Brittany Sims on Apr 16, 2014

The Capital Punishment Enforcement Act, which would allow the state Department of Correction to use the electric chair for executions if lethal injection chemicals are unavailable, passed in the House by a 68-13 vote, the Tennessean reports. HB 2476 sponsored by state Rep. Dennis Powers, R-Jacksboro, allows the department to petition the governor to use the electric chair if it is unable to obtain the proper chemicals for administering a lethal injection. Having passed the Senate last week 23-3, the bill now heads to Gov. Bill Haslam. State Attorney General Robert Cooper issued an opinion in March that deemed the bill constitutionally defensible, the Nashville Scene notes.

Posted by: Josie Beets on Apr 16, 2014

All of the TBA's legislative initiatives have passed both houses of the General Assembly, and three have been signed by the governor. The statute of repose for legal malpractice was signed by Gov. Haslam and will take effect July 1, as will TBA's family law bill enhancing parental rights concerning custody orders and a bill clarifying liability obligations in a limited liability partnership. Two more measures, the revision to the nonprofit corporations act and changes to the probate law are headed to the governor's desk for signature. Check TBAImpact for other bills we are tracking this session.

Posted by: Josie Beets on Apr 15, 2014

The last week of the legislative session is seeing several high profile bills die or finally make their way through the process, though at the end of today’s Senate session, Lt. Gov. Ron Ramsey said more than 120 bills are still pending before the body. Among the proposals failing to gain traction were Gov. Bill Haslam's voucher bill, which failed to pass the House Finance Committee and was withdrawn, and an open carry gun bill, which was killed by the same committee. Measures limiting the amount of pseudoephedrine Tennesseans may buy are headed to a conference committee to hammer out differences between Senate and House versions. Bills moving on to the governor’s desk include a measure allowing the sale of high-gravity beer in grocery stores and authorizing criminal assault charges against women using illegal drugs during pregnancy. The latter issue gained national attention with a story in the New York Times today.

Posted by: Barry Kolar on Apr 10, 2014

Gov. Bill Haslam’s $32 billion budget won House and Senate approval today, as amendments proposing pay raises for teachers and state employees were rejected by lawmakers, the Nashville Business Journal reports. The budget approved today mirrors changes introduced by Haslam’s administration last week, which eliminated previously proposed pay raises for teachers and state employees. The changes were aimed at closing a budget gap of around $160 million.

Posted by: Suzanne Craig Robertson on Apr 9, 2014

The Senate voted unanimously today to keep personal information in sexual assault cases confidential after the cases have been closed, The Tennessean reports. Under House Bill 2361 by state Rep. Mary Littleton, R-Dickson, evidence presented during trials for rape or sexual assault that identifies the victim would be made confidential once a guilty sentence has been given. The legislation had previously come under fire for being to broad in restricting the media’s ability to report on rape cases. The bill that passed was scaled back from earlier versions.

Posted by: Suzanne Craig Robertson on Apr 9, 2014

Students whose parents entered the U.S. illegally will be allowed to pay in-state tuition at Tennessee colleges, under a bill now on its way to the governor. The bill passed the House 63 to 27, with little debate, according to Nashville Public Radio.

Posted by: Josie Beets on Apr 9, 2014

The state Senate has passed a bill to allow Tennesseans to openly carry guns without a state-issued permit, the Tennessean reports. The chamber voted 25-2 in favor of the bill sponsored by Republican Sen. Mae Beavers of Mt. Juliet. Before the Senate floor vote, the measure narrowly made it through the Senate Judiciary Committee with only five votes in favor.

Posted by: Stacey Shrader Joslin on Apr 7, 2014

The Tennessee General Assembly has paid tribute to two longtime judges in the 13th Judicial District who are retiring from the bench this year, WJLE reports. Resolutions honoring Criminal Court Judge Leon Burns Jr. and Circuit Court Judge John Maddux, both of Cookeville, were introduced by Sen. Charlotte Burks and adopted unanimously by both chambers. Judge Burns has served on the bench for 38 years. Judge Maddux has served for 30 years.


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