TBA Law Blog


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Posted by: Stacey Shrader Joslin on Feb 10, 2023

Tennessee Lt. Gov. Randy McNally, R-Oak Ridge, said yesterday that he checked himself into the Vanderbilt University Medical Center due to an irregular heartbeat. McNally, who is also the Senate speaker, said he will likely need a pacemaker to help regulate cardiac issues. In a Tweet yesterday, McNally thanked people for their support and said he hopes to return to work soon. Read more from the Tennessean.

Posted by: Kate Prince on Feb 9, 2023

Sen. Jeff Yarbro, D-Nashville, is challenging the legality of a bill that would cut the Metro Nashville Council in half, the Tennessee Lookout reports. Yarbro, an attorney, argues that Davidson County is a “metropolitan county government” which, per the Constitution, “has to be treated as having the authority of a county government because it does.” House Bill 48 sponsor House Majority Leader William Lamberth, R-Portland, argues lawmakers can adjust city councils because they are set up statutorily whereas county governments are established constitutionally. The measure moved through the House Local Government Committee on Tuesday.

Posted by: Kate Prince on Feb 9, 2023

Legislation to clarify portions of the state's obscenity law regarding public drag performances cleared the Tennessee Senate today, the Tennessean reports. The bill, SB03, classifies "male and female impersonators" as adult cabaret performers and bans "adult-oriented performances that are harmful to minors," as defined in Tennessee's obscenity law. The measure was opposed by all Senate Democrats but was ultimately passed on a 26-6 vote. The bill’s sponsor, Senate Majority Leader Jack Johnson, R-Franklin, acknowledged that what might be considered “harmful” would be subject to discretion from prosecutors.

Posted by: Stacey Shrader Joslin on Feb 6, 2023

Gov. Bill Lee is set to deliver his fifth State of the State address tonight at 6 p.m. CST. He will give the speech before a joint session of the Tennessee General Assembly in the House Chamber, the Tennessean reports. Read excerpts released by his office or watch the speech live here. In advance of the speech, House Democratic Leader Karen Camper released a prebuttal message focused on efforts to end police brutality. In the video, Camper calls on colleagues to “show the nation that we can work together and serve justice for Tyre Nichols and all the victims of police brutality.” She also called for bipartisan action on health care, child care, housing, education and the crisis at the Department of Children’s Services. Tri-State Defender has more on her remarks and a link to the recorded message.

Posted by: Stacey Shrader Joslin on Feb 3, 2023

A Republican lawmaker said during a public hearing this week that the Tennessee Bureau of Investigation (TBI) is probing the conduct of current and former employees of the Department of Children's Services — an investigation the TBI would neither confirm nor deny. "I've been made aware of a specific instance where the Tennessee Bureau of Investigation has gotten involved in an internal investigation of DCS employees and former DCS employees," Rep. David Hawk, R-Greenville, said Monday during a Finance, Ways and Means Committee hearing on emergency funding for the agency. The Chattanooga Times Free Press has the story.

Posted by: Stacey Shrader Joslin on Feb 3, 2023

The Tennessee Democratic Party (TNDP) announced yesterday it will begin taking an active role in nonpartisan elections and will endorse candidates who run as independents in partisan races. “In the 2022 cycle, we had a lot of candidates running in nonpartisan races or running as independents we couldn’t support,” said TNDP Chair Hendrell Remus. The party has a longstanding practice of not being involved in nonpartisan races. Kent Syler, a political science professor at Middle Tennessee State University, says the move is likely a response to Republican legislation to increase the role of partisan elections. This year, bills have been introduced to make all state and local elections partisan, require Supreme Court judges to declare a party affiliation, and institute a closed primary system in which all voters must declare a party affiliation before voting. Tennessee Lookout has more on the story.

Posted by: Stacey Shrader Joslin on Feb 3, 2023

A bill that would cut the number of elected representatives on the Nashville Metro Council in half passed a legislative subcommittee on a party-line vote Wednesday, Tennessee Lookout reports. House Bill 48, sponsored by House Majority Leader William Lamberth, R-Portland, and Sen. Bo Watson, R-Hixson, chairman of the Finance, Ways and Means Committee, would shrink the 40-member council to no more than 20, beginning in 2024. The sponsors say the measure is designed to make government functions more efficient as Nashville experiences exponential growth. City officials argue that if changes are needed, Nashville voters should be the ones to make the decision.

Posted by: Stacey Shrader Joslin on Feb 1, 2023

Following the death of Tyre Nichols, state lawmakers representing the Memphis area are working on legislation to reform police practices in Tennessee. Local Memphis reports that legislators are rallying around measures to strengthen laws related to choke holds, use of force by police officers, duty to intervene, and what Nichols' family attorney Ben Crump calls “Tyre’s Law." According to Senate Minority Leader Raumesh Akbari, D-Memphis, legislation passed in the wake of George Floyd’s death did a lot but needs to be strengthened. “It’s hard to legislate a cultural change. But you can certainly create the conditions around punishment for use of force or for a failure to intervene or duty to render care and I'm not talking about losing their jobs. I’m talking about criminal charges.” She said the group is working on specifics and should have more to reveal in the coming weeks.

Posted by: Kate Prince on Jan 31, 2023

Democratic members of the Tennessee General Assembly today introduced the Fundamental Right to Reproductive Health Care Act – a bill that would repeal the state’s total abortion ban, WPLN reports. Sen. London Lamar, D-Memphis, is sponsoring the legislation that she says puts the choice of abortion back into the hands of Tennessee women.  The measure would would create a fundamental right to reproductive healthcare including abortion, removing any need for exceptions. The bill would also delete any criminal penalties that a physician would face under the current law. House Speaker Cameron Sexton previously told WPLN News it was unlikely he could support a Democratic bill without strict limits on when an abortion could be performed.

Posted by: Kate Prince on Jan 26, 2023

A special ad-hoc legislative committee met yesterday to discuss the juvenile justice system and make recommendations for the state moving forward, the Tennessean reports. The committee recommended the state increase mental health services and some punitive measures at the state's Department of Children Services-run juvenile detention centers — in addition to calling for a unified courts system to help judges better share juvenile case information across jurisdictions. Additionally, the committee recommended lowering the age a teenager could be designated as "incorrigible" from 18 to 17, establishing a “step-down” housing pilot and increasing DCS salaries.


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