TBA Law Blog


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Posted by: Brittany Sims on Mar 7, 2014

The Tennessee Senate yesterday unanimously passed SB1962, known as Amelia's Law, WATE reports. Sponsored by Sen. Mike Bell, R-Riceville, the bill is named in memory of Amelia Keown, the Maryville teenager who was killed in a car wreck by a prison parolee in August 2012. The legislation calls for a transdermal monitoring device for parolees whose crimes were directly related to drugs and alcohol. Similar to an ankle bracelet, it would test the person's blood every 30 minutes. The bill will now go to Gov. Bill Haslam. If he signs, the bill will take affect July 1.

Posted by: Josie Beets on Mar 6, 2014

The family law bill (SB1488/HB1851) from the TBA’s legislative package this session unanimously passed the House today. Proposed at the suggestion of the Family Law Section, the bill strengthens parental rights regarding custody orders, requires parenting plans to be notarized, and standardizes the child custody determination factors across the code. The bill is part of a diverse package of initiatives from the TBA, all of which appears to be headed to early passage. The package includes a statute of repose for legal malpractice, an overhaul of the Nonprofit Corporations Act, liability protection for partners in an LLP, and various changes in probate and trust law. Learn more about the package and the TBA's new advocacy tool, TBAImpact.

Posted by: Brittany Sims on Mar 6, 2014

Members of Moms Demand Action say Rockvale Republican Rep. Rick Womick pulled out a gun and placed it on his desk during a discussion of legislation that would keep cities from banning guns in state parks. Womick denies that, telling the Tennessean it was a gun holster and that he leaves the gun itself in his car. The women also reported other tense encounters during meetings with state representatives and have requested an investigation from House Speaker Beth Harwell’s office.

Posted by: Brittany Sims on Mar 6, 2014

The state Senate today approved and sent to Gov. Bill Haslam a bill requiring him to win legislative approval before obligating the state to expand Medicaid under the federal Affordable Care Act. House Bill 937, sponsored by Sen. Brian Kelsey, R-Germantown, is a watered-down compromise version of legislation that, as originally written, would have blocked Tennessee from participating in any Medicaid expansion that’s optional for states under the ACA. The Commercial Appeals has more.

Posted by: Brittany Sims on Mar 6, 2014

Tennessee prosecutors are supporting a bill to allow a magistrate or judge to issue a search warrant by telephone or “other reliable electronic means," the Times News reports. Current law calls for a law enforcement officer to appear before a magistrate or judge who will examine documents and issue a search warrant based on probable cause and supported by an affidavit. Sullivan County District Attorney General Barry Staubus said the bill originated from his office and is backed by state district attorneys general. He said it is in response to a 2013 U.S. Supreme Court ruling that blocked law enforcement from drawing blood without a search warrant in drunken-driving investigations. Staubus said this system moves too slowly when quick decisions need to be made, especially in DUI cases.

Posted by: Brittany Sims on Mar 6, 2014

The Tennessee Senate this week voted to send wine-in-grocery stores legislation to Gov. Bill Haslam for signature, capping an often difficult seven-year debate, the Tennessean reports. Haslam has said he plans to approve the bill, but before wine will start appearing in stores, voters in cities and counties that already have liquor stores or bars must approve the change in separate referendums. To appear on the ballot, supporters will have to gather signatures equal to 10 percent of the voters in the most recent gubernatorial race.

Posted by: Brittany Sims on Feb 27, 2014

State House Democratic Caucus Chairman Mike Turner announced today he will not seek re-election to the House District 51 after 14 years in office. The Nashville Democrat told House colleagues on the floor this morning during personal orders. Turner, the House's No. 2 Democrat, has not ruled out running for Metro Nashville mayor in 2015, the Chattanooga Times Free Press reports.

Posted by: Josie Beets on Feb 27, 2014

A bill that would give state officials the power to direct the actions of the Attorney General passed out of the Senate Judiciary Committee yesterday. SB 2085 would allow the legislature, through joint resolution, or the governor, via executive order, to instruct the attorney general when to file legal actions. It would also allow the speakers of the House and Senate to direct the AG by joint agreement when the General Assembly is not in session. The TBA opposes this bill, as it raises constitutional questions that are untenable. Use TBAImpact to weigh in on this issue. Read more in the Chattanoogan.

Posted by: Brittany Sims on Feb 26, 2014

Legislation to raise the minimum wage in Tennessee was defeated 3-2 today in the Consumer and Human Resources Subcommittee, the Tennessean reports. House Bill 1694, sponsored by Rep. Mike Turner, D-Old Hickory, would have required employers to raise the hourly wage $1 to at least $8.25 starting July 1 for thousands of workers who have not been offered health insurance.

Posted by: Stacey Shrader Joslin on Feb 25, 2014

A bill sponsored by Sen. Brian Kelsey, R-Germantown, would give the Tennessee General Assembly the power to direct the actions of the state attorney general. One of several pieces of legislation that aim to change the way the judicial branch operates in Tennessee, SB 2085/HB 2059 would allow the legislature to direct the AG to file or drop an action if directed by both houses or the governor. An article in the Times Free Press looks at the issue and includes a quote from TBA President Cindy Wyrick, who says the TBA opposes the bill over constitutional questions that make it "untenable." Visit TBAImpact to learn more about the bill and to contact your representatives.


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