TBA Law Blog


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Posted by: Kate Prince on Jan 30, 2020

The state Senate voted 7-1 on Tuesday to restrict homeowners associations from banning the use of houses as long-term rentals, the Tennessean reports. The bill will be sent to the full Tennessee General Assembly, but Rep. Bob Freeman, D-Nashville, has now asked Attorney General Herbert Slatery III for an opinion on whether it violates constitutionally protected contract law. Supporters of the bill argue it protects property rights, but opponents say the bill is being executed on behalf of large firms and investment companies that are increasingly buying homes to use as rentals in suburban Tennessee communities.  

Posted by: Stacey Shrader Joslin on Jan 29, 2020

State House leadership yesterday introduced legislation to undo Gov. Bill Lee’s decision to allow refugees to continue to resettle in Tennessee, the Commercial Appeal reports. The bill, HB 1929, was introduced by Rep. Ron Gant, R-Rossville, who serves as assistant majority leader, but he says it is supported by many of the House leaders. Under the measure, which would be retroactive, the General Assembly would be given the power to authorize decisions on refugee resettlement. In December, the governor told the federal government that the state would continue to resettle refugees. That move was quickly met with criticism from Republican lawmakers, including leadership in both chambers.

Posted by: Stacey Shrader Joslin on Jan 29, 2020

The Tennessee Senate Commerce and Labor Committee on Tuesday easily approved a resolution to add Tennessee’s “right to work” law to the state constitution, the Times Free Press reports. The 73-year-old law bars employers from denying employment to anyone based on whether they belong or don’t belong to a labor union. Sen. Brian Kelsey, R-Germantown, sponsor of the resolution, said the move is necessary to make it harder for future legislators to repeal the law.

Posted by: Stacey Shrader Joslin on Jan 27, 2020

In a move that would dovetail with an effort to end the observance of Nathan Bedford Forrest Day, a Knoxville Democrat is calling for removal of the Forrest bust from the state capitol and replacing it with recognition of other Tennesseans. Rep. Rick Staples has introduced House Joint Resolution 686, which would honor state Rep. Anne M. Davis of Knoxville and Gatlinburg and William F. Yardley of Knoxville in place of the Forrest bust, the Daily Memphian reports. Davis was among the state’s first female House members when elected in 1925 and sponsored legislation that led to creation of the Great Smoky Mountains. Yardley was the first African American to launch a serious gubernatorial campaign in the state in 1876.

Posted by: Suzanne Craig Robertson on Jan 24, 2020

Former House Speaker Glen Casada, R-Franklin, will not attempt to return to leadership, the Nashville Post reports. Earlier this month, Casada said he was considering a bid for the open House majority whip spot, which Republicans will fill next week. But on Thursday he told the Post that he was sitting out the caucus election “after much prayer.” House GOP staff confirmed that Mark Hall of Cleveland and Johnny Garrett of Goodlettsville, both freshman, were seeking the whip post. More nominations could come on the floor.

Posted by: Suzanne Craig Robertson on Jan 24, 2020

Tennessee Gov. Bill Lee today signed into law a measure that will allow religious adoption agencies to deny service to same-sex couples, the Commercial Appeal reports. The law allows adoption agencies to refuse to participate in a child placement if doing so would "violate the agency's written religious or moral convictions or policies." Under the law, which immediately takes effect, the state will be barred from denying an agency's license or grant application for public funds because of a refusal to place a child with a family based on religious objections.

Posted by: Kate Prince on Jan 23, 2020

A new bill from Sen. Mike Bell, R-Riceville, and the lobbying arm of the Beacon Center of Tennessee would limit cities and counties to a 5% annual tax rate increase, without the need for voter approval, the Tennessean reports. If passed, the legislation would potentially curb the efforts of some Nashville council members who are pushing for a property tax hike. Those efforts have been narrowly voted down two years in a row, with last year’s proposed 15.8% increase falling one vote short of approval.

Posted by: Kate Prince on Jan 21, 2020

Sen. Brian Kelsey, R-Germantown, and Rep. Antonio Parkinson, D-Memphis, have introduced legislation that would allow Tennessee college athletes to financially benefit from the use of their names, images and likenesses, the Commercial Appeal reports. If the bill passes, athletes would be able to sign contracts to advertise for local businesses or other companies. It would also prohibit schools from “discriminating against players based on donations by coaches to universities." Kelsey sponsored a resolution in May calling on public universities to oppose the NCAA prohibition on compensation for college athletes and added the provision about donations by coaches after the NCAA suspended University of Memphis basketball player James Wiseman over questions about his eligibility.

Posted by: Barry Kolar on Jan 17, 2020

State Rep. London Lamar, D-Memphis, filed legislation this week that would remove Nathan Bedford Forrest Day as a day of special observance in Tennessee, the Nashville Scene reports. Governors dating back nearly a century have been required to declare the day a special observation. In 2019, Gov. Bill Lee drew national attention when he signed the proclamation. Lamar’s push comes amid growing attention to the state’s celebration of Forrest. Many have sought the removal of a bust honoring Forrest from a prominent place just outside the House and Senate chambers for years to no avail.

Posted by: Kate Prince on Jan 17, 2020

The General Assembly is back in session and so are TBA’s Legislative Updates! Hosted by Berkley Schwarz, TBA’s director of public policy and government affairs, and Adams and Reese attorney and TBA lobbyist Brad Lampley, the Legislative Updates podcast provides a weekly breakdown of what’s going on at the state legislature. The show livestreams on the TBA’s Facebook page every Thursday and is run in podcast form each Friday. The Legislative Updates podcast is available on the TBA’s website and anywhere you listen to podcasts. Don't miss the first episode featuring special guest Sen. John Stevens, R-Huntingdon, who talks about life as a lawyer legislator and the future of the professional privilege tax. 


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