TBA Law Blog


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Posted by: Brittany Sims on Jan 17, 2014

The attorney general would stand for popular election rather than being appointed by the state Supreme Court under a proposed constitutional amendment that this week advanced to a full Senate vote. According to the Memphis Daily News, this is the second proposal to surface for changing the way the AG is selected -- the full chamber voted 22-9 last year in favor of a proposal by Sen. Mark Green, R-Clarksville, to have the attorney general appointed by a joint convention of the General Assembly. The rival measures are still at the earliest steps of a lengthy process for constitutional amendments. In order to be placed on the ballot in 2018, they must pass both chambers during the General Assembly that ends this year, and again by a two-thirds vote during the next two-year session.

Posted by: Brittany Sims on Jan 16, 2014

A bill introduced by Tennessee Sen. Brian Kelsey, chair of the Judiciary Committee, would abolish Divisions 1 and 5 of Shelby County Circuit Court effective Sept. 1, the start of the next eight-year judicial term. The Memphis Bar Association's Bar Bulletin notes that the bill, SB1484, also would remove the two judgeships from the county's general election ballot this August. The bill is scheduled to be considered by the committee next Tues., Jan. 21, at 2:30 p.m.

Posted by: Brittany Sims on Jan 16, 2014

Gov. Bill Haslam today spoke to reporters about various bills he intends to support this legislative session. The Republican governor said he will support a school voucher bill similar to the one he proposed last year that once again will be limited to students from low-income families attending failing schools. He had the measure withdrawn when Senate Republicans sought to expand to a larger number of children. Knoxnews reports that Haslam also said he is proposing legislation to require a prescription for more than a 20-day supply of cold medicines that are used to make methamphatamine. The bill is meant to target the purchase of large amounts of medicines from a variety of stores, which is known as “smurfing.”

Posted by: Brittany Sims on Jan 15, 2014

State Sen. Mae Beavers and three House Republicans today released a bill designed to stop President Barack Obama’s health care reform law, the Tennessean reports. The bill would block the state and local governments from buying health insurance through the federal website, Healthcare.gov, and possibly make it illegal for state contractors to buy insurance on the exchange, even for their own employees. The bill is sure to face formidable legal questions since the U.S. Supreme Court ruled in 2012 that the core of the Affordable Care Act is constitutional, and past attempts to stop the health care law in Tennessee have run aground because of the well-established constitutional principle that state laws cannot trump federal laws.

Posted by: Brittany Sims on Jan 15, 2014

The Tennessee Chamber of Commerce and Industry today received positive feedback and support from House Speaker Beth Harwell and Senate Speaker Ron Ramsey when it unveiled its legislative priorities to a group of state lawmakers. The state business group’s policy agenda for this session puts a premium on continued Common Core implementation as well as aligning higher education programs with business needs, noting that the lack of qualified and skilled workers is the biggest concern among businesses in the state. The Nashville Business Journal has more.

Posted by: Stacey Shrader Joslin on Jan 13, 2014

The Tennessee state legislature convenes Tuesday with an agenda affecting everything from where residents attend school to where they can buy wine and cold medicine. But with elections in the fall, observers predict that lawmakers will try “to keep infighting to a minimum and wrap up the legislative session as quickly as possible,” the Associated Press reports in the Kinsgport Times News. In addition, according to The Commercial Appeal, the chambers likely will focus on agenda items left unfinished last year, including school vouchers, education standards, expansion of Medicaid, sale of wine in grocery stores, workplace protections for those who lock guns in trunks and prescriptions for pseudoephedrine products.

Posted by: Stacey Shrader Joslin on Jan 10, 2014

State Rep. Sherry Jones, D-Nashville, introduced legislation this week that would allow qualified patients authorized by their physicians to engage in cannabis therapy, the Johnson City Press reports. The bill outlines medical use under the Safe Access program, which would be regulated by the Department of Agriculture, Department of Health and the state Board of Pharmacy. Under the program, caregivers could give patients a card that qualifies them to purchase medical marijuana at selected pharmacies or “dispensaries.” Qualifying medical conditions include cancer, glaucoma, immune-deficiency diseases, chronic pain, nausea and seizures.

Posted by: Brittany Sims on Jan 8, 2014

Speaking at a Motlow State Community College legislative breakfast, Sen. Jim Tracy, R-Shelbyville, told state and regional leaders that funding education will be a challenge when the second session of the 108th General Assembly convenes Jan. 14. “Education is the most important thing we do at the state level,” Tracy said. But, “the budget is always a challenge … Sales tax is up but our revenues on F&E (franchise and excise tax) are down a little bit." Tullahoma News reports that Tracey was one of four legislators to speak, along with Sen. Bill Ketron (R-Murfreesboro), Rep. Mike Sparks (R-Murfreesboro) and Rep. Judd Matheny (R-Tullahoma).

Posted by: Brittany Sims on Jan 8, 2014

State Sen. Douglas Henry has been hospitalized for dehydration but is expected to be released before the start of the legislative session next week. Henry, who represents East Nashville, Antioch and parts of West Nashville, checked into a Nashville emergency room Monday. Aides said he is slated to be released Thursday. The Tennessean has more.

Posted by: Brittany Sims on Jan 3, 2014

Rep. Charles Curtiss, D-Sparta, officially resigned from the state House of Representatives on Jan. 1, ending a 19-year career. The 66-year-old pro-business Democrat and religious conservative announced in October that he would not seek re-election to House District 43, which includes Grundy, Warren and White counties, after a rough 2012 campaign. Curtiss has been hired as executive director of the Tennessee County Commissioners Association, which lobbies on behalf of counties’ interests at the Capitol, and had to give up his seat to take the job, the Chattanooga Times Free Press reports.


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