TBA Law Blog


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Posted by: Barry Kolar on Mar 13, 2012

The TBA has a number of tools to help you track action in the 107th Tennessee General Assembly. Watch TBA Today for regular news updates and follow the TBA Action List to track bills in the General Assembly that the TBA has a direct interest in -- those it has  initiated, taken a position on, or has a policy on. The TBA Watch List is a broader list of bills of interest to the Tennessee legal community.

Posted by: Barry Kolar on Mar 13, 2012

Tennessee lawmakers backing the controversial "don’t say gay" legislation have agreed to put off debating the measure — a procedural move that usually signals they do not intend to pursue it. Legislators who had originally supported the measure are expected to shift their focus to an abstinence education measure.

Posted by: Suzanne Craig Robertson on Mar 12, 2012

A bill moving through the Tennessee General Assembly aims to restrict local school boards from prohibiting teachers and other school personnel from participating in student-led religious gatherings on school grounds, but it would have no effect on rules prohibiting such activities in Sumner County Schools should it become law. Sumner County Schools settled a case involving such activities in December, approving a consent decree that strictly spells out school personnel may not promote religious beliefs in class or in conjunction with a school event or participate in a religious service or activity while acting in official capacity. HB 3266 is sponsored by Rep. Phillip Johnson, R-Pegram, and co-sponsored by Hendersonville State Rep. Debra Maggart, passed 93-0 in the House on March 1. The companion bill, SB 3060, is expected to be reviewed in the Senate’s Education Committee March 14. The Tennessean has more.

Posted by: Stacey Shrader Joslin on Mar 8, 2012

Rep. Jimmy Naifeh, D-Covington, announced Thursday that he won't seek re-election after 38 years in the House of Representatives. Naifeh, who was given the honorary title of speaker emeritus after holding the top House post for 18 years, said it's time to "pass the torch to the next generation of leaders." The former speaker was elected to the House in 1974 after losing his first bid for office in 1972. He was elected speaker in 1991 and holds the record as the longest serving speaker of the House in Tennessee history. During his time in office, Naifeh also served as floor leader, majority leader and president of the National Speaker's Conference. The Memphis Daily News has more

Posted by: Barry Kolar on Mar 7, 2012

With some House subcommittees announcing they will be shutting down in the next couple of weeks, the General Assembly seems to be preparing to take more definitive action on pending legislation. The TBA-prepared bill to update Article 9 of the Uniform Commercial Code – making changes that track the 2010 Uniform Law Commission recommendations dealing with secured transactions -- was recommended for passage by the Senate Commerce Committee, and the House Commerce Committee’s General Subcommittee this week. The bill, SB 2931 by Sen. Doug Overbey (R-Maryville ), HB 3150 by Rep. Jon Lundberg (R- Kingsport), would be effective July 1, 2013, allowing the Secretary of State to prepare for the changes. The effective date would also coincide with that in the many other states adopting the changes.

Discussions also continued with state officials regarding SB 2200/HB 2338, which would alter the law regarding termination of parental rights, and more than a dozen proposals to affect tort law are set for committee and subcommittee calendars next week. The TBA is active in trying to defeat or limit the harmful impact of many of these proposals.

Posted by: Suzanne Craig Robertson on Mar 2, 2012

A bill to allow teachers and coaches the right to pray with their students in religious activities on school grounds passed the Tennessee House yesterday. Lawmakers voted in favor of House Bill 3266 by Rep. Phillip Johnson, R-Pegram, 93 to 0. WBIR reports.

Posted by: Stacey Shrader Joslin on Mar 1, 2012

Pimps would join child molesters and rapists on Tennessee's sexual offender registries under a bill moving through the state legislature. The state House voted 90-0 today to pass HB 2853. First offenders would see their names on the list for 10 years, while second offenders would be on the list for life. Despite the unanimous vote, the bill drew quite a bit of discussion, as lawmakers questioned exactly what is meant by "promoting" prostitution. The Tennessean's In Politics blog looks at the issue

Posted by: Stacey Shrader Joslin on Feb 29, 2012

The Republican sponsor of a proposal to ban the teaching of gay issues to elementary and middle school students said Tuesday that he's not backing off the legislation despite concerns from GOP leaders. Rep. Joey Hensley of Hohenwald acknowledged the proposal's language needs more work to avoid any unintended consequences but said, "It's certainly not off the table. We're moving forward with it." The Memphis Daily News reports

Posted by: Suzanne Craig Robertson on Feb 28, 2012

Senator Andy Berke announced today that he will not seek re-election to the State Senate District 10 seat he has held since 2007. He has not announced his future political plans, but there is much speculation that he may run in the Chattanooga mayoral race. Chattanoogan.com has more.

Posted by: Suzanne Craig Robertson on Feb 28, 2012

A proposal designed to evict Occupy Nashville protesters is headed to the governor for his consideration. The legislation passed the House 68-21 on Monday evening after lawmakers agreed to a change by the Senate, which approved the bill 20-10 last week. The measure makes it a crime to camp on any state-owned land that is not specifically designated for camping. WKRN has the story.


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