TBA Law Blog


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Posted by: Katharine Heriges on May 7, 2019
House Speaker Glen Casada's Chief of Staff Cade Cothren, who was at the center of multiple scandals over the past week, resigned yesterday, prompting Casada to name former Chief of Staff to Beth Harwell, Scott Gilmer, to take over his old position. The Tennessean reports that Cothren stepped down after reports surfaced of his drug abuse and inappropriate sexual conduct at the Capitol. Previously he was accused of sending racist text messages and submitting incorrect information to authorities regarding the arrest of a black activist. Gilmer comes not without baggage of his own - in 2009 he pled no contest to a misdemeanor charge that he created a fake political website using the name of former state Rep. Nathan Vaughn.
Posted by: Berkley Schwarz on May 6, 2019
The Tennessee General Assembly on Thursday completed the 2019 legislative session and one of its final acts was approval of a $38.5 billion budget that removed several professions from having to pay the professional privilege tax. Attorneys, lobbyists, stockbrokers, some doctors and other professions were not included on that list. The TBA will continue to educate lawmakers on the wide disparities in lawyers’ salaries across the state and help advocate on behalf of the profession on this issue. The budget did include $2.2 million in extra funding for indigent representation, on top of the $10 million already marked for this year. The additional $2.2 million will be recurring, meaning we'll see that money again in the coming years. To get the full lowdown on everything that went on in the 2019 session, make sure to register for the TBA Convention in Nashville, where the legislative affairs team will lead a detailed CLE update.
Posted by: Katharine Heriges on May 6, 2019
House Speaker Glen Casada’s Chief of Staff, Cade Cothren, admitted today to sending racist messages and doing drugs in his legislative office, while reports uncovered messages Cothren had sent soliciting sex from interns and lobbiysts. The Tennessean reports that on some occasions, Casada participated in sexually charged messages objectifying women. Cothren was previously found to have sent messages calling black people “idiots” and the n-word, which today Cothren attributed to a drug problem that saw him using cocaine from his office.
Posted by: Katharine Heriges on May 2, 2019
The TBA weekly video legislative update focuses on the final budget agreed upon by both the House and the Senate. The budget includes an elimination of the professional privilege tax entirely for several professions, but not for lawyers and some doctors. TBA Government Affairs Director Berkley Schwarz and Communications Coordinator Katharine Heriges talk about how this happened and what it means for the future. Watch the video on the TBA's Facebook page.
Posted by: Katharine Heriges on May 1, 2019

The state legislature approved a $38.6 billion budget for fiscal 2019-20 with a variety of tax cuts while adding $220 million to bolster the rainy day fund and give teachers pay increases totaling $71 million, the Daily Memphian reports. The measure passed the Senate and House unanimously after both chambers reached a compromise for funding the Katie Beckett waiver. More than $45 million in tax cuts will be made, including reductions in the professional privilege tax by a total of $22 million; $13 million on the gym tax; $450,000 on ammunition; $2.5 million on fiber-optic cable sales taxes; and a $200,000 exemption on government-leased dumpsters.

Posted by: Katharine Heriges on Apr 30, 2019
After a number of prominent businesses and organizations, including the Tennessee Titans and Amazon, spoke out in opposition to a slate of bills targeting the LGBT community, House Speaker Glen Casada responded by saying he was unfazed by the financial implications and that “they should take care of their stockholders and not get so much involved in politics.” The Tennessean reports Lt. Gov. Randy McNally took a different angle, saying via a spokesperson that he “prefers to focus on legislation that advances economic growth rather than district from it.” Two of the bills were scheduled to be considered in both chambers today.
Posted by: Katharine Heriges on Apr 30, 2019
Gov. Bill Lee says he will allow a Tennessee sports betting bill to become law without his signature, the Tennessean reports. The House and Senate both narrowly approved the legislation, which would allow online sports betting beginning July 1. Lee has stated in the past his opposition to the practice. Tax revenue from the sports gambling industry is projected to bring in an estimated $50 million each year, which will be set aside for education, local government and gambling addiction treatment.
Posted by: Katharine Heriges on Apr 29, 2019
Both chambers in the Tennessee legislature appear to be reaching a consensus on a $38.5 billion budget, including fully funding a Medicaid waiver for disabled children, the Tennessean reports. While the Senate last week proposed funding only a portion of the Katie Beckett waiver program — citing concerns about the House's plan to use revenue from expanded online sales tax collection — a key Senate committee on Monday moved to fully fund the $27 million program through other revenue sources. The Senate has not changed its plans to reduce the professional privilege tax from $400 to $300.
Posted by: Berkley Schwarz on Apr 26, 2019
The Tennessee House of Representatives continued to set the legislative pace by passing a budget this week. That's typically one of the last major legislative hurdles before adjournment. Meanwhile the Senate saw its own version of the budget win approval yesterday in its revenue subcommittee, setting up the possibility of a budget battle between the two chambers. There is a real chance that the 2019 legislative session will wrap up next week, which would be in keeping with leadership’s goal of a May 1 adjournment. If past years are any indicator, the closing days of session are not lacking in drama, so things could get entertaining before the final gavel sounds.
Posted by: Katharine Heriges on Apr 26, 2019
After speculation over whether the state Senate would agree to fund a Medicaid waiver program to provide medical treatment for disabled children, the upper chamber has announced its plan: Pay for part of it, while using additional funds to reduce the state's professional privilege tax. The Tennessean reports that the Senate's budget allocates $15.6 million for the waiver program, funding that would cover roughly 300 of the state's 3,300 children who could benefit from it. The upper chamber is calling for $23.4 million in cuts to the state's professional privilege tax, reducing it from $400 to $300.

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