TBA Law Blog


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Posted by: Stacey Shrader Joslin on Mar 24, 2023

State Sen. Raumesh Akbari and Rep. GA Hardaway, Democrats from Memphis, have introduced legislation to create a pilot program that would allow juvenile court judges in Davidson and Shelby counties to keep someone in the juvenile court system until they are 24. The legislation is supported by Shelby County Juvenile Court Judge Tarik Sugarmon, who says extending jurisdiction to those in their mid-20s would provide greater opportunities for rehabilitation. Sugarmon’s predecessor, Dan Michael, unsuccessfully tried to convince the state legislature to increase the age to 25. Action News 5 has the story.

Posted by: Stacey Shrader Joslin on Mar 24, 2023

The Tennessean looks at the week in politics with updates on legislation that would lower open gun carry age limits from 21 to 18; a Senate panel’s rejection of a bill that would require adult cabaret performers to obtain work permits; the outlook for a measure that would block insurance companies from contracting with TennCare if they cover gender transition care; and Senate support for making Juneteenth an official state holiday. A number of bills also are likely dead for the year. The Jackson Sun reports on the fate of a bill that would have moved foreclosure advertisements from newspapers to a state-owned website. WPLN reports on the effort to eliminate the state Commission on Children and Youth. And WKRN looks at a bill that would have authorized the legislature to nullify any “unconstitutional federal action."

Posted by: Barry Kolar on Mar 24, 2023

Several hundred Tennessee attorneys, state legislators and their staff members gathered for the annual TBA Big Shrimp legislative reception Wednesday night to wrap up activities during the TBA Day on the Hill. The event gave TBA leaders and members a chance to meet with legislators in a casual setting to continue conversations on topics important to the profession, including repeal of the professional privilege tax and funding for indigent representation, as well as bills of particular interest to a number of TBA sections. See photos from the event.

Posted by: Stacey Shrader Joslin on Mar 24, 2023

TBA's Director of Public Policy & Government Affairs Berkley Schwarz and Adams and Reese attorney and TBA lobbyist Brad Lampley are out with a new Legislative Update podcast today. In this week's episode, they recap the TBA's Day on the Hill, hint at a possible adjournment date and discuss the Tennessee Domestic Relations Arbitration Act (HB1177/SB710); Tennessee Revised Uniform Arbitration Act (HB1162/SB775); TBA's adoption law bills, one which makes substantiative changes to law (SB919/HB854) and one that makes technical changes (SB921/HB855); and two bills dealing with the cost of electronic medical records in disability claims: HB1071/SB1393 and the Trial Lawyers/TBA bill HB647/SB1313. Finally, the episode looks at three bills targeting the professional privilege tax for attorneys: HB586/SB640 and HB580/SB1122, which would eliminate the tax, and HB585/SB641, which would phase out the tax over three years. The program airs each week during the legislative session on TBA’s Facebook page. It is also posted on the TBA’s website and wherever you listen to podcasts.

Posted by: Julia Wilburn on Mar 23, 2023

The Tennessee Lookout reports that legislation seeking to block Tennessee’s Medicaid program from contracting with any insurance company that covers gender transition healthcare in another state has stalled in the Senate. HB1215/SB1339, sponsored by House Speaker Cameron Sexton, R-Crossville, and Lt. Gov. Randy McNally, R-Oak Ridge, would eliminate all of TennCare’s contracts with managed care organizations covering gender-affirming care in other states. BlueCross BlueShield, United Healthcare and Anthem are currently allowed to sell TennCare plans and all three cover gender transitions in other states — but not through TennCare. TennCare covers over 1.7 million income-qualifying Tennesseans, half of which are children.

Posted by: Julia Wilburn on Mar 21, 2023

Lt. Gov. Randy McNally, R-Oak Ridge, won a vote of confidence by the state Senate Republican Caucus, the Nashville Scene reports. Caucus members voted 19-7 in a closed meeting Monday in favor of McNally’s continued leadership of the Senate. The vote followed a flurry of local and national media attention focused on his supportive comments on a young gay man’s Instagram page. "I have always been honored, humbled and grateful for the support of my caucus,” McNally said via a spokesperson. “I remain so today." Critics have called McNally hypocritical for making the social media comments while leading a body that has passed legislation restricting drag and trans health care, among other anti-LGBTQ positions.

Posted by: Julia Wilburn on Mar 21, 2023

The Associated Press reports that the Tennessee House advanced legislation that would add a narrow exemption to the state’s strict abortion ban, despite concerns raised by Democrats and medical experts that the bill does not go far enough to protect doctors and pregnant patients. The legislation was drastically reworked from its original version that was introduced in February. The proposed exemption allows doctors to use a “reasonable medical judgment” when determining if an abortion is necessary to prevent the death of a pregnant patient or to spare her from the irreversible, severe impairment of a major bodily function.

Posted by: Barry Kolar on Mar 21, 2023

Governor Bill Lee’s plans for adding express toll lanes to some Tennessee highways won Senate approval Monday, the Associated Press reports. The bill would allow construction of express toll lanes on existing highways aimed at attracting drivers willing to pay a fee to avoid congestion. The state could contract with private entities to develop, build, finance, maintain or operate the lanes. Opponents criticized the bill for only adding highway space without addressing broader transportation issues in the state.

Posted by: Julia Wilburn on Mar 17, 2023

A new Legislative Updates podcast was released today with TBA Director of Public Policy & Government Affairs Berkley Schwarz and Adams and Reese attorneys and TBA lobbyists Brad Lampley and Ashley Harbin. This week they discuss HB854/SB919 and HB855/SB921, TBA's adoption bills; HB647/SB1313, medical records legislation; HB1162/SB775, the Tennessee Revised Uniform Arbitration Act; and HB1177/SB710, the Tennessee Domestic Relations Arbitration Act. Legislative Updates airs each week the legislature is in session on TBA’s Facebook page. It is also released as a podcast on the same day and can be found on the TBA’s website or wherever you listen to podcasts.

Posted by: Julia Wilburn on Mar 17, 2023

An amendment added to HB1029/SB1159 is making its way through the state legislature that would send 17-year-olds to adult criminal court first, rather than juvenile court. The bill’s primary sponsors are Lt. Gov. Randy McNally, R-Oak Ridge, and House Speaker Cameron Sexton, R-Crossville. The proposed amendment requires juvenile petitions to be filed in the appropriate criminal court for all children who are 17 at the time of the alleged conduct. It requires the same for children ages 14 to 16 at the time of the alleged conduct who are charged with specific offenses. 10News in Knoxville has the story.


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