TBA Law Blog


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Posted by: Kate Prince on Jan 14, 2020

Rep. Glen Casada, R-Franklin, is considering a run for a House Republican Caucus leadership position, five months after resigning as House Speaker amid scandal, the Daily Memphian reports. Casada says he is thinking about running for the caucus whip position, which became vacant after Rep. Rick Tillis, R-Lewisburg, resigned for posting information about the controversy within the Legislature surrounding Casada’s actions. Casada resigned as House Speaker after becoming involved in a racist and sexist texting scandal last year. The position will be filled in a Jan. 20 vote.

Posted by: Kate Prince on Jan 14, 2020

In its first bill of the new legislative session, the state Senate passed a measure that would protect religious adoption agencies if they choose to discriminate against same-sex couples, the Tennessean reports. The bill states that no licensed adoption agency would be forced to participate in child placement if it were to “violate the agency's written religious or moral convictions or policies." It also protects the agency from lawsuits for refusing placement based on religious objections and from being denied a license or grant application for public funds because of such a refusal. The bill was sponsored by Sen. Paul Rose, R-Covington, and was passed 20-6, with five Republican members declining to vote.

Posted by: Berkley Schwarz on Jan 14, 2020

The Tennessee legislature convened today in Nashville for the second year of the 111th General Assembly. The legislature is expected to take up many hot button issues, such as criminal justice reform, health care, medical marijuana and abortion. Additionally, House Majority Leader William Lamberth has indicated that Republicans will push for a reduction on the professional privilege tax, “as the budget allows.” At the end of the 2019 legislative session, the legislature voted to remove 15 professions from having to pay the $400 professional privilege tax. However, seven professions, including attorneys, continue to pay the tax. Eliminating the professional privilege tax is one of the TBA’s top legislative priorities this year, and today the TBA government affairs team joined the NFIB, the Tennessee Medical Association and others in distributing a joint letter to all members of the General Assembly asking them to eliminate the tax. For more information and to contact your legislators on this important issue, go to TBA Impact.

Posted by: Kate Prince on Jan 14, 2020

Rep. David Byrd, R-Waynesboro, today confirmed that he will not seek reelection, the Tennessean reports. Though Byrd announced this decision during a closed-door GOP caucus meeting in August, he remained quiet on the subject, prompting rumors that he had changed his mind. He confirmed the decision today with the Tennessean, saying “at this point I’m still not running”. Byrd has faced calls for resignation since 2018 when he was accused of sexually assaulting three women when they were underage in the 1980s. Byrd has never publicly denied the allegations.

Posted by: Stacey Shrader Joslin on Jan 13, 2020

Following news of a negative audit for state prisons last week, House Minority Leader Karen Camper says the legislature should revive a correction oversight committee to hold the Department of Corrections accountable, the Daily Memphian reports. Others are going a step further suggesting an investigation by the Tennessee Bureau of Investigation or criminal prosecution may be necessary. Department of Correction Commissioner Tony Parker said the department concurs, or concurs partially, with all of the findings but contends it operates “safe and secure” prisons and “provides effective community supervision.” In a statement, he said the department is dealing with the problems raised in the report.

Posted by: Stacey Shrader Joslin on Jan 10, 2020

Days before the start of the new legislative session, House Speaker Cameron Sexton’s chief of staff Scott Gilmer is stepping down, the Tennessean reports. A legislative employee since 2007, Gilmer has served as chief of staff to three House speakers including former Rep. Beth Harwell and Rep. Glen Casada. His resignation is effective today. He will join the Path Company as vice president for business development. Taking over for Gilmer on an interim basis will be Holt Whitt, who most recently served as the speaker’s director of legislation.

Posted by: Stacey Shrader Joslin on Jan 8, 2020

State Sen. Brian Kelsey, R-Memphis, is helping lead an effort to add Tennessee’s Right to Work law (enacted in 1947) to the state constitution, the Daily Memphian reports. Senate Joint Resolution 648 would add language to the constitution making it unlawful to deny employment based on membership in, affiliation with, resignation from or refusal to join a labor union or employee organization. To take effect, the resolution would have to pass in two sessions of the General Assembly and then be approved by a majority of voters in the following gubernatorial election.

Posted by: Stacey Shrader Joslin on Jan 7, 2020

A bill filed by state Sen. Joey Hensley, R-Hohenwald, and Rep. Bruce Griffey, R-Paris, would change the way the state decides to participate in the federal resettlement of refugees. The new proposal would create a two-step process, Nashville Public Radio reports. First, local governments would have to agree to resettlement. Then the state legislature would consider the issue, with a two-third majority vote required to approve participation. Currently, federal rules rely on the governor of each state to approve statewide resettlements.

Posted by: Stacey Shrader Joslin on Dec 30, 2019

State Sen. Raumesh Akbari plans to revive legislation aimed at giving prisoners who commit murder as juveniles a chance for earlier release if they change their lives, the Daily Memphian reports. The Memphis Democrat’s legislation would enable juveniles convicted of murder to be eligible for parole after 25 years, instead of an automatic life sentence of 51 years, provided they meet certain requirements such as completing education courses and maintaining a good disciplinary record. In addition, the bill would direct the Parole Board to consider youth-related factors when determining eligibility for parole. Akbari introduced similar legislation in 2019 but it was not considered.

Posted by: Stacey Shrader Joslin on Dec 27, 2019

Despite Gov. Bill Lee’s consent to continue refugee resettlement in Tennessee and several losses in federal court, Republican legislative leaders say they will continue to push a lawsuit challenging constitutionality of the federal resettlement program, the Daily Memphian reports. House Speaker Cameron Sexton and Lt. Gov. Randy McNally are prepared to move ahead with a suit authorized by the state legislature in 2016. Tennessee Attorney General Herbert Slatery has declined to take the case so it is being handled by the Thomas More Law Center. The suit has lost at three levels in federal court, including two defeats at the 6th Circuit Court of Appeals. The lawmakers are hoping the U.S. Supreme Court will consider it.


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