TBA Law Blog


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Posted by: Stacey Shrader Joslin on Jul 17, 2023

The State Building Commission last week approved the first steps in a plan by Department of Children’s Services (DCS) to open a new transitional facility for kids coming into custody and to expand and add more security to buildings that house delinquent youth. Tennessee Lookout reports that the commission approved the initial phase of a $19 million expansion in institutional space. In the near term, this will allow the agency to add more than 100 beds, including 24 at a temporary assessment center. A Nashville facility that houses about 50 teenage boys also will get more security. Commissioner Margie Quin called the action a “positive step toward mitigating the statewide youth placement crisis.”

Posted by: Stacey Shrader Joslin on Jul 17, 2023

Shelby County Criminal Court Judge Paula Skahan ruled in favor of the Shelby County district attorney and a local defense attorney, saying that a state law passed earlier this year to strip all post-conviction death penalty proceedings from local district attorneys is unconstitutional, the Tennessean reports. Specifically, Skahan found that the General Assembly did not give proper notice to the public about the law and that the law wrongfully removed jurisdiction from locally elected district attorneys. Shelby County District Attorney Steve Mulroy and defense attorney Robert Hutton brought the suit. They also argued that the law violates the rights of voters but Skahan did not address that issue. The state attorney general has until Aug. 4 to appeal the decision.

Posted by: Stacey Shrader Joslin on Jul 5, 2023

The Tennessee Registry of Election Finance recently gave former state Senate candidate Gary Humble extra time to provide proof that his campaign did not coordinate illegally with Tennessee Stands, a nonprofit entity he controls. Humble now has until October to provide documentation on contributions and spending by his campaign, Tennessee Lookout reports. Registry members subpoenaed Humble’s information in January after opening an audit of the campaign in 2022. He was supposed to have provided the information by March. Humble barely lost to Senate Majority Leader Jack Johnson in the 2022 Republican primary. He has denied that he coordinated with Tennessee Stands. Shortly after the registry’s extension, a Humble supporter filed a complaint against Johnson alleging he engaged in illegal coordination with three groups.

Posted by: Stacey Shrader Joslin on Jun 30, 2023

State Sen. Heidi Campbell, D-Nashville, is suggesting an audit of how the state used federal relief aid it received for rental assistance during the COVID-19 pandemic, the Tennessean reports. The state received $383.4 million for rental assistance. The Tennessee Housing Development Agency (THDA) in turn hired Horne LLP to process applications, determine applicant eligibility and assist landlords, but is not able to identify the amount of federal funds that it disbursed. During a meeting of the Fiscal Review Committee this week, Campbell also criticized the agency for returning funds back to the federal government while Tennessee families remained in need. "An audit might be a good idea here," she said.

Posted by: Stacey Shrader Joslin on Jun 30, 2023

Changes to the Tennessee Rules of Civil Procedure and Tennessee Rules of Criminal Procedure, approved by the General Assembly in April, took effect July 1. The changes were originally proposed by the Tennessee Supreme Court in August 2022 based on recommendations from the Advisory Commission on the Rules of Practice & Procedure. The court originally included amendments to Rule 41 of the Rules of Criminal Procedure but after a comment period decided to send that section back to the commission for further consideration.

Posted by: Stacey Shrader Joslin on Jun 30, 2023

More than 170 laws passed this year by the Tennessee General Assembly are set to become effective tomorrow. The Tennessean looks at several, including new school security requirements, liability protections for gun manufacturers, business tax changes, restrictions on the sale of Delta-8 THC products, penalties for book publishers and distributors who send or sell obscene materials to public schools, stronger penalties for those who desecrate houses of worship, and paid family leave for state employees and teachers. Action News 5 has its own list, including new requirements tied to the state’s “Move Over” law, a 30-day requirement for death sentences to be carried out after all appeals are exhausted, and restrictions on universities using state funds for activity that “endorses or promotes a divisive concept.”

Posted by: Paul Burch on Jun 28, 2023

Attorneys for the Tennessee Office of Legislative Administration stated in a Davidson County Chancery Court filing last week they believe state public records laws don’t apply to the legislative body, reports the Chattanooga Times Free Press. In addition, the attorneys argue it would violate the separation of government powers for a court to compel them to release documents related to their ongoing investigation into sexual harassment allegations against former Republican Rep. Scotty Campbell. The statements were made in response to a lawsuit by Brian Manookian, who is seeking public records related to the ethics investigations and personal schedules of top House officials.

Posted by: Stacey Shrader Joslin on Jun 26, 2023

It was not long ago that North Carolina had the highest personal and corporate income tax rates in the Southeastern United States, but state legislators have been systematically cutting business and individual taxes, Forbes reports. This year, legislators turned their attention to the professional privilege tax, with the state House passing a budget that repeals the tax. The final budget is being negotiated but if the tax is repealed in the Tar Heel state, Tennessee would be among just five states that still levy a privilege tax. Tennessee House Majority Leader William Lamberth tells Forbes that state leaders agree with the goal of completely doing away with the tax but are moving judiciously. "It should never have been put in to begin with and on every single profession," he said. Jim Brown, NFIB state director in Tennessee, tells the magazine that “No one should be taxed just to go to work” and that “Paying the state $400 a year is a burden on many and frankly an insult” for those who “take care of the needs of so many Tennesseans.”

Posted by: Stacey Shrader Joslin on Jun 21, 2023

Gov. Bill Lee today encouraged Tennessee schools and local law enforcement agencies to apply for nearly $200 million provided through two grants to strengthen school safety, WREG reports. The Statewide School Resource Officer Grant provides $140 million to place a full-time, armed SRO at every public school. Local law enforcement agencies are eligible to apply for the grant, not to exceed $75,000 per year, per school. The Public & Non-Public School Security Grants provide one-time funding to strengthen security at schools, including $40 million for public schools and $14 million for non-public schools. These funds can be used to support a variety of school security efforts, including improved physical security, emergency operations planning, violence prevention programs, conflict resolution and safety training for staff members. Both grant programs were approved in the recent legislative session.

Posted by: Stacey Shrader Joslin on Jun 21, 2023

The Nashville Metro Council voted unanimously yesterday to appoint former Metro Councilmember Anthony Davis to the state House seat held by Democratic Rep. Bill Beck, who died earlier this month. Davis will serve in an interim capacity while a special primary election is held on Aug. 3 and a special general election is held on Sept. 12, Nashville Post reports. Davis is one of four candidates running in the special Democratic primary. The other candidates expressed concerns about the move, arguing the council was tipping the scale toward Davis in a competitive race. Davis represented East Nashville’s District 7 on the Metro Council from 2011 to 2019 and is the president and owner of East Nashville Beer Works. He called Beck “a dear friend” and said he hopes to continue the lawmaker’s legacy.


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