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TBA Law Blog

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Legislative Update: More Caption Bills Among 1,500 Filed

Posted by: Berkley Schwarz on Feb 8, 2019
There was a dramatic spike in the number of bill filings this week as lawmakers rushed to introduce legislation in advance of the House and Senate filing deadlines on Wednesday and Thursday, respectively. While House rules limit most members to filing no more than 15 bills, many legislators filed their full allotment, and by the close of business on Thursday approximately 1,500 bills were filed for the year. Interestingly, there was a huge increase in "caption bills," which carry a caption broad enough to cover any number of legislative topics, and certainly more or different topics than what the bill seems to address on its face. These bills can be amended at the last moment to cover any topic allowed by the caption of the bill, and are frequently used to give legislators or lobbyists a way to comply with bill filing deadlines while not revealing the true purpose of the bill. The TBA Government Affairs team will keep an eye on these bills to see whether they are amended or begin to move. Next week the committees will step up their activity and have heavier agendas. Many committee chairs are encouraging members to go ahead and place their bills on notice, with the goal of completing as much work as possible before budget presentations begin in March.

TBA Begins Weekly Livestream Legislative Updates

Posted by: Katharine Heriges on Feb 7, 2019
The TBA launched a series of weekly video legislative updates today, which will be posted most Thursdays while the Tennessee General Assembly is in session. Catch up with today's video on YouTube and tune in next Thursday on Facebook live.

Bill Would Limit Public Records Access to People Deemed 'Harassing'

Posted by: Katharine Heriges on Feb 7, 2019
Tennessee House Majority Leader William Lamberth is sponsoring a bill that an open government advocate is concerned may harm the public's access to government records, The Tennessean reports. The bill would allow a custodian of records to petition a court for an injunction if the person requesting the documents is seen as harassing the government official. It defines harassment as someone who files three or more public records requests in a year, would have to be abusive or threatening, as would their conduct, and their request would be "not made in good faith or for any legitimate purpose." Deborah Fisher, executive director for Tennessee Coalition for Open Government, responded, saying that "requesting to see public records shouldn't come with the risk of getting sued by a government official."

Senate Minority Leader Proposes Redistricting Prior to 2020 Censes

Posted by: Katharine Heriges on Feb 6, 2019
Senate Minority Leader Jeff Yarbro, D-Nashville, is proposing a bipartisan congressional redistricting process ahead of the 2020 census, The Nashville Post reports. His plan would establish a five-member redistricting commission tasked with developing a new congressional map following each census, which would include four voting members appointed by the Republican and Democratic leaders in the House and Senate. Each action by the body, including the appointment of a nonvoting chair, would require three votes. No one who ran for or held public office, or worked for a political party, in the previous four years would be allowed to serve on the commission, and no one who had been a lobbyist in the previous two years would be allowed. Lt. Gov. Randy McNally, the Republican Senate speaker, pushed back on the proposal, saying the commission was not necessary. 

Legislators File Bills Targeting LGBT Adoptions

Posted by: Katharine Heriges on Feb 6, 2019
Multiple bills filed this week in the Tennessee General Assembly would allow adoption agencies to deny services to same-sex couples based on religious objections, The Tennessean reports. One bill, filed by Sen. Joey Hensley, R-Hohenwald, and Rep. John Ragan, R-Oak Ridge, specifies that an adoption agency would not be required to provide services to a couple if it would conflict with the agency's "sincerely held religious beliefs," and prevents the state or a local government from taking adverse action against the group. Legislation filed by Rep. Tim Rudd, R-Murfreesboro, puts in place similar protections for discrimination based on religious beliefs and would prevent a couple from suing the adoption agency for refusing to provide services.

TBA Legislative Agenda – Domestic Relations Jurisdiction

Posted by: Berkley Schwarz on Feb 6, 2019
Sen. Todd Gardenhire, R-Chattanooga, and Rep. Mike Carter, R-Ooltewah, have introduced a bill supported by the TBA. SB719/HB854 allows a trial court to exercise domestic relations jurisdiction regardless of the nature of the allegations unless and until a pleading is filed or relief is otherwise sought in a juvenile court invoking its exclusive original jurisdiction. 

TBA Legislative Agenda - Construction Liens

Posted by: Berkley Schwarz on Feb 6, 2019
House Judiciary Committee Chair Rep. Michael Curcio, R-Dickson, and Sen. Todd Gardenhire, R-Chattanooga, introduced a bill yesterday that was drafted by the TBA’s Construction Law Section and supported by the TBA. HB875/SB682 amends TCA 66-21-108 by adding a malice requirement when imposing penalties on those filing fraudulent liens, while protecting those who make a good faith claim to a lien, but the lien is somehow erroneous or deficient.   

TBA Legislative Agenda – Probate Omnibus bill

Posted by: Berkley Schwarz on Feb 5, 2019
Sen. Todd Gardenhire, R-Chattanooga, and Rep. Johnny Garrett, R-Goodlettsville, have introduced a bill drafted by the TBA’s Probate Study Group, and supported by the TBA. SB542/HB675 addresses a variety of different issues within estates and trusts, such as allowing a trustee who has resigned the authority to petition the court for a release and discharge from all liability related to the trust and also permitting a revocable living trust that becomes irrevocable upon the death of the settlor to refer to a written statement of personal property not otherwise disposed of by the revocable trust. The TBA Governmental Affairs team will work with legislators to make this bill law.

House Republicans File Legislation to Limit Nashville Police Oversight Board

Posted by: Katharine Heriges on Feb 5, 2019
A newly created civilian board tasked with overseeing the Metro Nashville Police Department could lose its subpoena powers, a move that would significantly hinder the panel's ability to investigate alleged officer misconduct, The Tennessean reports. Tennessee House Republican leaders announced yesterday that they have filed legislation to limit citizen boards' authority to compel witness testimony or issue subpoenas for documents, among other restrictions that would apply to any similar board around the state. The Metro Nashville Council last month elected its 11-member community oversight board, which voters approved by referendum in November through an amendment to the city charter.

Republicans File Medical Marijuana Proposal

Posted by: Katharine Heriges on Feb 5, 2019
Two Republican lawmakers introduced a comprehensive bill Monday that would allow Tennesseans suffering from a variety of maladies to use medical marijuana, The Tennessean reports. The legislation, introduced by Sen. Janice Bowling, R-Tullahoma, and Rep. Ron Travis, R-Dayton, is dubbed the "Tennessee Medical Cannabis Act." More than a dozen illnesses would qualify under the proposal.
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