TBA Law Blog


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Posted by: Julia Wilburn on Jul 28, 2022

When attendance declined at Graceland in 2020 and 2021 because of the COVID pandemic, it also caused the venue to miss payments for bonds issued by the Economic Development Growth Engine for Memphis and Shelby County. While attendance has rebounded some, bond payments have still lagged causing the legislature this past year to pass a law change that will help avoid nonpayment of the bonds in the future. The Commercial Appeal has the full story.

 

Posted by: Kate Prince on Jul 26, 2022

More than one month after the U.S. Supreme Court overturned the Roe v. Wade abortion rights case, Tennessee officials are still unclear on when the state’s anti-abortion “trigger ban” will take effect, the Associated Press reports. The ban, which would restrict abortion almost entirely, cannot be enacted until within 30 days after the Supreme Court enters a judgement on the Roe ruling. Attorney General Herbert Slatery said in June that the state could enforce the law by mid-August, but a spokesperson for the office yesterday said they were “not sure” if that timeline was still in place. State Democrats have already said they’ll introduce legislation to expand the list of exemptions under the law. Sen. Rusty Crowe, R-Johnson City, who was a co-sponsor of the 2019 trigger ban legislation, told a legislative panel last week that he’d spoken with groups who think lawmakers should “fine-tune the trigger bill somewhat to make sure that we don’t get our docs in trouble when they’re trying to follow the law.”

Posted by: Kate Prince on Jul 19, 2022

State Rep. Torrey Harris, D-Memphis, was arrested in Nashville on Sunday for alleged theft and assault, the Daily Memphian reports. According to a police report, Harris had an argument with ex-boyfriend Terence Nealy and scratched Nealy’s arm while trying to prevent the man from leaving a Nashville apartment. The report then states that Harris left with a dog, a video game console, a MacBook Air and other items. Harris was charged with felony theft between $1,000 and $2,500 and misdemeanor assault and is scheduled to appear in court Oct. 10. In a Twitter statement, Harris maintained his innocence and expressed confidence the issue would be resolved easily. He encouraged people with mental illness to get help. Harris is running in the Aug. 4 Democratic primary for the District 91 House seat after the District 90 seat was eliminated in redistricting.

Posted by: Stacey Shrader Joslin on Jul 15, 2022

Lt. Gov. Randy McNally this week condemned Nashville District Attorney Glen Funk for saying publicly that he will refuse to prosecute certain state laws such as limits on abortion, transgender bathrooms and camping on public property. Saying Funk is “declaring himself above the law,” McNally called on the state attorney general to take action if Funk continues to refuse to prosecute. “We don’t have dictators here — not at the federal level, not at the state level and not in 20th Judicial District,” McNally said. “If General Funk persists in declaring himself above the law, the attorney general should reacquaint him with his oath of office and petition the court to appoint a district attorney pro tem as the law provides.” Mainstreet Nashville has more on the story.

Posted by: Stacey Shrader Joslin on Jul 13, 2022

State Democrats yesterday said they plan to pursue legislation to amend the near-total abortion ban that is expected to take effect in mid-August. Though they decried the full ban, they said they would take incremental steps to change to the law the Tennessean reports. Such changes could include allowing abortions in cases of rape or incest and for adolescent victims of sexual abuse, and removing criminal penalties for doctors who perform abortions. Tennessee currently enforces a 2020 bill that bans abortions after cardiac activity can be detected. The so-called “trigger law” provides a narrow carve-out for abortions performed to save the life of the mother or prevent the "serious risk of substantial and irreversible impairment of major bodily function." It does not protect doctors from arrest but allows doctors to affirmatively prove that the abortion was medically necessary.

Posted by: Stacey Shrader Joslin on Jul 11, 2022

House Speaker Cameron Sexton and Lt. Gov. Randy McNally confirmed Friday they are considering a special session to adopt legislation that would bypass the Metro Nashville Council and deal directly with the Convention and Visitors Bureau for a host agreement with the Republican National Convention. Tennessee Lookout also reports that legislators could penalize the council for refusing to consider the agreement with convention planners. The council had been set to vote on an agreement last week but pulled the measure before votes were cast, the Tennessean reports. In a statement, Sexton said he hopes "bipartisanship will prevail, and in the next two weeks, we will have a better idea of what needs to be done — if anything — to secure the convention.”

Posted by: Stacey Shrader Joslin on Jul 8, 2022

The Tennessee Department Revenue has released its annual list of bills passed by the General Assembly and signed into law by the governor in 2022 that impact the agency’s work. Short summaries of each are posted on the department’s website and are organized into 11 subject areas: administration, alcoholic beverages, beer tax, business tax, franchise & excise tax, fuel tax, local occupancy tax, privilege tax, sales & use tax, tire fee, and title & registration.

Posted by: Stacey Shrader Joslin on Jul 6, 2022

Concerned that longtime Community Corrections providers were pushed out of the bidding process by Gov. Bill Lee’s administration, lawmakers are set to hold hearings to look into the issue, Tennessee Lookout reports. State Sen. Todd Gardenhire, a Chattanooga Republican who co-chairs the Fiscal Review Committee, confirmed he will schedule meetings later this summer to learn more about why the Tennessee Department of Correction modified the bid process for contracts on Community Corrections services, which he says were working well. State Sen. Ed Jackson, R-Jackson, echoes those concerns and says multiple matters need to be resolved in the state’s decision to shift offenders to state probation. He questioned whether offenders would be treated fairly and if the department would have enough staff to handle new cases.

Posted by: Kate Prince on Jul 5, 2022

Three 2020 Nashville School of Law graduates have helped strengthen Tennessee’s “Unlawful Exposure” law, Nashville’s NewsChannel 5 reports. As an NSL student, Doni Porteous worked on two “revenge porn” cases during her time as an intern at the Davidson County District Attorney’s office. Both cases couldn’t be prosecuted because they “didn’t fit the letter of the law.” Porteous decided to make the issue the focus of her rigorous writing project at NSL, identifying the law’s weaknesses in her paper. Fellow NSL graduate David Aguilera, who worked in the state legislature, later spoke with Porteous about the issue and brought it up with his boss, Sen. Jeff Yarbro, D-Nashville. Yarbro then filed a bill to close the loopholes Porteous had identified. Logan Elliot, another classmate of Porteous and Aguilera, works for Rep. Jason Powell, D-Nashville, who then co-sponsored the bill, which went into effect on July 1.

Posted by: Kate Prince on Jun 28, 2022

The 6th Circuit Court of Appeals has vacated an injunction that blocked Tennessee’s “fetal heartbeat” law. That law bans abortions as early as six weeks into pregnancy, the Tennessean reports. The Attorney General’s office filed an emergency motion on Friday after the U.S. Supreme Court overturned Roe v. Wade, arguing it had “a valid interest in protecting the lives of unborn Tennesseans" and asking for a rapid ruling. The SCOTUS ruling also triggered legislation passed by state lawmakers in 2019 that will enforce a near-total abortion ban in 30-days. According to Nashville’s NewsChannel 5, that law will focus on doctors who perform abortions and could potentially prosecute women who have abortions.


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