State legislators are considering a new bill that would take many lawsuits filed against the state away from Nashville judges, WPLN reports. Under Tennessee law, lawsuits against state government may only be filed in Davidson County courts. House Bill 1196/Senate Bill 454, sponsored by Rep. Johnny Garrett, R-Goodlettsville, would let Tennesseans file suits in their county of residence. Garrett, an attorney with Bone McAllester Norton in Nashville, presented the bill earlier this week, saying he became aware of the issue after his law practice was contacted by a West Tennessee resident interested in suing the state. Garrett said he “realized that [the resident's] only choice was to drive all the way to Nashville and file that lawsuit.” The measure comes after HR23, which sought to remove Chancellor Ellen Hobbs Lyle from the bench, was defeated in a House subcommittee last week. The HB1196/SB454 is currently scheduled to be heard by the House Civil Justice subcommittee next week.

A new episode of the TBA’s Legislative Updates podcast is now streaming on the TBA website. In this episode, TBA Director of Public Policy and Government Affairs Berkley Schwarz and Adams and Reese attorney and TBA lobbyist Brad Lampley offer listeners a brief status report on SB1366/HB0237 regarding child custody and support, concerns raised over SB1097/HB1164 on probate issues and news on  HB519/SB884, which seeks to eliminate the state’s professional privilege tax (PPT). Lampley says of the PPT bill, “we’re getting some good momentum, that’s positive, but we certainly don’t want to suggest that we’re home free.” He and Schwarz continue to urge members to reach out to their state legislators and voice their opinion on the elimination of the tax. A new episode of Legislative Updates drops every Thursday and can be found on the TBA’s Facebook page or anywhere you listen to podcasts. 

The Associated Press reported today that State Election Coordinator Mark Goins helped lay the groundwork for HR 23, a state House resolution that would have set in motion a proceeding to remove Davidson County Chancellor Ellen Hobbs Lyle from office. A five-page memo from Goins to Rep. Tim Rudd, R-Murfreesboro, lays out a number of complaints against Lyle’s decision to expand the approved reasons for absentee voting during the November 2020 election. He also reportedly takes issue with Lyle’s “tone” and comments she made related to the decision. According to Goins, Rudd asked him to provide the information. Rudd sponsored HR23 and obtained quite a few cosponsors but the resolution was defeated in the House Civil Justice Subcommittee last week.

State Sen. Todd Gardenhire, R-Chattanooga, and State Rep. Tom Leatherwood, R-Arlington, have introduced legislation to make judicial and countywide elections nonpartisan in counties with populations of 500,000 or more, the Tennessee Star reports. According to the latest census estimates, only Shelby and Davidson counties would be impacted. Past attempts to make such a change have not been successful due to the opposition of elected officials in the affected counties. That has not changed. The Shelby County Board of Commissioners recently approved a resolution opposing the bill. Supporters argue the change would improve local government processes. Opponents say it is unconstitutional to single out specific counties for different treatment.

State Sen. Mike Bell, a Republican from Riceville and chair of the Senate Judiciary Committee, said this week that he is planning to introduce legislation that would move cases against the state to different jurisdictions, Tennessee Lookout reports. While the bill’s language is not settled yet, Bell said it could move cases to surrounding counties, one the state’s three grand divisions or special judicial panels. Currently, cases against the state are filed in Davidson County courts. In discussing the reasoning for his idea, Bell said, “… why should a chancellor who’s elected by the most liberal constituency in the state of Tennessee be making the decisions for all the state …?" He cited a decision by Davidson County Chancellor Anne Martin that the governor’s education savings account program was unconstitutional and a decision by Chancellor Ellen Hobbs Lyle to expand absentee voting as examples for why such a move is needed.

A bill that would allow mentally disabled people on death row to challenge their sentence is being considered by a House subcommittee, WPLN reports. The Tennessee Black Caucus filed House Bill 1/Senate Bill 1236 in November to shield intellectually disabled people convicted of a crime from the death penalty. It is now being considered by the House Criminal Justice Subcommittee. The bill has been backed by several high-profile figures, including the president of the American Bar Association and former independent prosecutor of the Whitewater investigation, Ken Starr. Although state law no longer allows those with an I.Q. of 70 or below to be executed, federal public defender Kelley Henry told lawmakers at a hearing on Wednesday that the bill was needed to provide the same protection for people who have already been sentenced. The state Black Caucus filed the bill on behalf of Pervis Payne, a man with intellectual disabilities who is scheduled to die in April.

House Speaker Cameron Sexton, R-Crossville, and Lt. Gov. Randy McNally, R-Oak Ridge, have filed a rare, joint bill aimed at cracking down on legislators doing business with the state, the Tennessean reports. If passed, HB1040/SB798 would prevent legislators with political consulting companies from billing other members' state postage and printing accounts for constituent update mailers, which multiple lawmakers have recently done. The measure comes after an FBI raid on the homes and offices of Rep. Glen Casada, R-Franklin, Rep. Robin Smith, R-Hixson, and Rep. Todd Warner, R-Chapel Hill, over their dealings with campaign marketing businesses.

A measure that would declare racism a “public health threat” has passed through Tennessee House committees and is now ready for a floor vote, the Tennessean reports. House Joint Resolution 10 (HJR10), sponsored by Rep. Antonio Parkinson, D-Memphis, cites the policy adopted by the American Medical Association (AMA) last year, which refers to racism as such and commits itself to "dismantling racist policies and practices across all of health care." The resolution ends by saying the General Assembly will "commit ourselves to openly and honestly addressing racism to end areas of disparity and inequity." It passed on a voice vote.

Legislation that would eliminate the professional privilege tax today cleared the House Finance, Ways and Means subcommittee.  HB519/SB884 must now be considered by both the House and Senate Finance Committees. TBA Director of Public Policy and Government Affairs Berkley Schwarz and Adams and Reese attorney and TBA lobbyist Brad Lampley discuss the matter on today’s episode of the TBA Legislative Updates podcast. The pair also talk about this week's failure of HR23, which sought to remove Chancellor Ellen Hobbs Lyle from the bench, and additional TBA-sponsored legislation. A new episode of Legislative Updates drops every Thursday and can be found on the TBA’s Facebook page or anywhere you listen to podcasts. 

Memphis lawyer Kevin Weaver, chair of the TBA Adoption Law Section, testified today before the House Children & Family Affairs Subcommittee on the section’s bill HB200. The bill, sponsored by committee chair Mike Carter, R-Ooltewah, expands the factors a court may consider in determining whether termination of parental rights is in the best interest of the child, among other things. The panel approved the bill, which will be heard next week by the House Civil Justice Committee. The Senate version, SB205, sponsored by Sen. Ferrell Haile, R-Gallatin, has been referred to the Senate Judiciary Committee.