The Tennessee General Assembly closed this week due to inclement weather, but the TBA’s Public Policy and Government Affairs Director Berkley Schwarz still checked in on the Legislative Updates podcast. This week, Schwarz provides listeners with a quick status report on TBA-sponsored bills, the association’s efforts to end the professional privilege tax and more. Watch the full episode on the TBA’s Facebook page or listen to the podcast version on the TBA’s website or anywhere you listen to podcasts.

An idea to merge the Registry of Election Finance and Ethics Commission into one eight-member body is being floated in the Tennessee state legislature, but with an FBI investigation hanging over the body, changes are unlikely at this time, Tennessee Lookout reports. Nashville attorney Tom Lawless, who chaired the registry board for the past year, said he would testify in opposition to a merger if the idea starts to move. “I don’t think we need any organic changes,” he said, while acknowledging that the agency should be modernized and made more efficient and transparent. Lt. Gov. Randy McNally and House Speaker Cameron Sexton have filed legislation setting parameters for the Registry board and Ethics Commission to follow when reaching settlements of more than $25,000. But spokesmen for both leaders say the bill is a placeholder for legislation that could be filed later in the session.

State House Speaker Cameron Sexton, R-Crossville, and Senate Speaker Randy McNally, R-Oak Ridge, are requesting an opinion from Attorney General Herbert Slatery on efforts to remove the Nathan Bedford Forrest bust from the state Capitol, the Tennessean reports. The speakers are asking Slatery to weigh in on whether proper procedure was followed in the most recent attempt to remove the statue. They say a step was missed after the State Capitol Commission voted in favor of a petition asking for the move, arguing that code requires the State Building Commission to concur with any action from the commission. According to the Tennessee Journal, the Tennessee Historical Commission is scheduled to meet on Thursday in what is supposed to be the final step in the removal process.

The Tennessee General Assembly announced today that it will be closed for the remainder of the week due to heavy winter weather, the Tennessee Journal reports. The House also announced it will extend its bill filing deadline until close of business on Feb. 24. The original deadline was set for tomorrow. The Senate’s filing deadline was Feb. 11. Legislators and staff members are advised to work from home as Nashville’s Cordell Hull building will be closed.

The state attorney general is seeking $700,000 to hire additional attorneys to fight for new state laws, and the governor is requesting $7 million more for court costs, moves that are raising questions about whether the state is spending too much money on litigation it could avoid, Tennessee Lookout reports. With three abortion-related cases arising out of laws passed by the state legislature in 2020 and efforts to fight off increased absentee ballot voting during the pandemic, the state spent a considerable amount on litigation. This session, legislation dealing with transgender athletes and transgender restrooms could also draw legal challenges that could translate into additional costs.

Today the TBA joined a number of professional organizations, including the Tennessee Medical Association and the National Federation of Independent Businesses, in asking members of the Tennessee General Assembly to eliminate entirely the professional privilege tax. Two years ago, Tennessee took a positive step forward removing this discriminatory tax on 15 professions; however, seven professions, including attorneys, still are taxed arbitrarily. Last year, the groups applauded Gov. Bill Lee’s decision to budget for a two-year phase-out of the tax. But after the COVID-19 pandemic hit, that proposal was put on hold. Now that revenues in Tennessee are growing again, the coalition is asking the legislature to completely eliminate the tax.

A third state audit of former state Sen. Bill Ketron, now the mayor of Rutherford County, found that his Senate campaign account violated state law or disclosure regulations 13 times, in part by failing to report nearly $44,500 in campaign contributions. Without comment, the Tennessee Registry of Election Finance accepted the audit and set a show-cause hearing for April when Ketron, a former chairman of the Senate Republican Caucus, will be asked to explain the shortcomings, Tennessee Lookout reports. The registry previously assessed civil penalties of $80,000 on Ketron and his Quest PAC. Ketron’s attorney said he plans to ask the registry to reconsider $65,000 of the previous penalties and hold future penalties in abeyance.

Lt. Gov. Randy McNally, R-Oak Ridge, today showed little interest in pushing a controversial bill forward that would ban transgender student athletes from competing under the gender they identify with, the Tennessean reports. McNally said he believes allowing transgender female athletes to compete in girls’ sports could “hurt” female sports, but that lawmakers should “move with caution” on the issue. The legislation would effectively ban student participation in school sports under the gender identity they align with, arguing that it’s unfair for student athletes to compete with one another if they do not share the same biological sex. McNally cautioned that the federal government could potentially cut funding to the state over the decision and that lawmakers should “move very carefully.”

The TBA’s Legislative Updates podcast is back with an all-new episode for an all-new legislative session. On this week’s episode, TBA Director of Public Policy & Government Affairs Berkley Schwarz and TBA lobbyist and Adams and Reese attorney Brad Lampley talk us through what’s going on at the General Assembly, including an update on the Professional Privilege Tax, the status of two real estate bills and one adoption bill sponsored by the TBA, plus a recap of Gov. Bill Lee’s State of the State address. The program is part of the TBA Podcast Network and can be found anywhere you listen to podcasts and on the TBA’s website. You can also catch the show live on the TBA’s Facebook page every Thursday.

The Tennessee General Assembly returned to full session Monday, and yesterday the Senate Judiciary Committee approved a joint resolution designed to enshrine the state’s Right to Work law in the state constitution. The resolution now goes to the Senate Commerce and Labor Committee, which is scheduled to meet on Feb. 16. Today, the Senate Health and Welfare Committee heard a presentation on Gov. Bill Lee’s plan to expand funding for the Department of Mental Health and Substance Abuse, while the Senate Education Committee heard a bill that would allow the government to force all schools to open. Tennessee Lookout has more on these actions.