TBA Law Blog


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Posted by: Julia Wilburn on Jan 8, 2024

Tennessee House Republicans will not pursue last August's temporary sign ban when the legislature convenes Tuesday, The Tennessee Journal reports. A judge last year blocked the sign ban on First Amendment grounds and the temporary rules expired with conclusion of the special session. House Majority Leader William Lamberth, R-Portland, said that for the regular session, small handheld signs will be allowed so long as they are not held up to obstruct the view of others.

Posted by: Paul Burch on Jan 4, 2024

Gov. Bill Lee will propose changes to the state's franchise tax during the upcoming legislative session to offer tax relief to businesses operating in Tennessee and modernize tax collection, reports the Tennessean. Businesses currently calculate their state franchise tax in a dual-pronged model established in the 1930s. Lee also said today he has no plans to propose a rate cut to the state’s 4% grocery tax, one of the highest rates in the nation. Democrats in the state legislature have called for a repeal of the grocery tax while requiring corporations who do business in the state to pay higher taxes.

Posted by: Paul Burch on Jan 4, 2024

A new poll by the conservative think tank Beacon Center found Gov. Bill Lee's proposal to expand school vouchers statewide is broadly popular, Knox News reports. The poll, conducted between Dec. 14 and 28, asked respondents whether they would oppose or support expanding the Educational Savings Account program which allows eligible K-12 families to use a portion of per-pupil funding for “private school tuition, tutoring, education therapy, or other educational purposes." Support was highest among Republicans at 85%, though a majority of both independents and Democrats supported the plan.

Posted by: Paul Burch on Jan 4, 2024

The Tennessee General Assembly can legally shield its records of sexual harassment investigations from the public, a judge ruled this week in a lawsuit related to an investigation last spring that led to the resignation of then-Rep. Scotty Campbell. According to the Tennessean, Brian Manookian sued the Office of Legislative Administration and its director, Connie Ridley, last May over unfulfilled public records requests regarding the legislature's response to harassment complaints and related expenditures. WKRN reports during the trial, evidence submitted to the court included two pages of notes regarding another complaint filed against state Rep. Jeremy Faison, R-Cosby, who is also chair of the Republican House Caucus. In his ruling this week, Chancellor Russell Perkins included a list of evidence submitted, including a file folder "with an alleged victim's first name ... pertaining to a complaint" against Faison. House Speaker Cameron Sexton, R-Crossville, released a statement following the ruling denying that any complaint exists against Faison.

Posted by: Stacey Shrader Joslin on Jan 3, 2024

When Tennessee lawmakers gather at the capitol for the start of session next week, Senate Speaker Randy McNally will not be among them, State Affairs reports. Following doctor’s orders, the 79-year-old Republican will miss the first few weeks while he recovers from ankle surgery. Second-in-line Sen. Ferrell Haile, R-Gallatin, will preside over floor sessions. McNally says he will monitor session remotely from his home in Oak Ridge. The General Assembly is schedule to return on Jan. 9.

Posted by: Julia Wilburn on Dec 29, 2023

During the 2023 legislative session, the Tennessee General Assembly passed several bills aimed at reducing local control of three Nashville boards, including the Nashville Airport Authority, the Nashville Sports Authority and the Music City Center. A fourth bill was passed that reduced the Metro Council to 20 members. According to reporting by the Tennessean, the city challenged all of these bills in court, spending, as of Dec. 12, $682,949 in out-of-pocket costs. Metro Legal Director Wally Dietz says that amount includes costs for outside counsel and expert witnesses brought on to help with the cases, filing fees and court reporters. That number does not include the 1,645 hours the legal department’s attorneys say they have spent on the cases as of Dec. 27. The state attorney general's office defended the legislature in the suits. It says it spent $2,096.08 for court reporters, transcripts and filing fees for the four suits, but does not track the value of staff attorneys' time.

Posted by: Liz Slagle Todaro on Dec 27, 2023

One of the most important responsibilities of the TBA is to advocate for the legal profession and our system of justice with Tennessee lawmakers. TBA’s Government Affairs team is committed to affect positive change on behalf of Tennessee attorneys when the 2024 session of the 113th General Assembly reconvenes on Jan. 9, and we need your help! Please consider joining TBA’s Grassroots Advocacy efforts to receive action alerts as relevant policy issues arise, including indigent representation. Respond to this survey to ensure that your voice is heard.

Posted by: Paul Burch on Dec 26, 2023

A three-judge panel on Friday issued a temporary injunction blocking a state law that would have replaced nearly half of the members of the Nashville sports authority with state-appointed members, reports the Tennessean. The unanimous ruling held that the 2023 law infringes on Nashville's "constitutionally protected interest in control over its local affairs." Metro Director of Law Wally Dietz said in a statement the city remains "ready to protect the rights of Metropolitan Nashville … in the hope that 2024 results in an improved relationship between the State and Metro Nashville." The decision marks the fourth time this year that courts have sided with Metro Nashville in its legal fights with the state. 

Posted by: Paul Burch on Dec 19, 2023

Tennessee could become the first state to adopt a statewide ban of political flags, including rainbow pride flags and transgender rights flags, in publicly funded schools, should HB1605 become law, the Tennessean reports. “We’re simply trying to remove political statements … so that the school can focus on educating the child, and not getting involved in these kinds of political issues.” said Rep. Gino Bulso, R-Brentwood, the bill’s sponsor. Other flags that would be impacted by the bill include the Thin Blue Line (a sign of support for law enforcement), Black Lives Matter and the POW/MIA flag.

Posted by: Paul Burch on Dec 14, 2023

A new Vanderbilt University poll shows that support among Tennesseans for gun safety reforms has increased in recent months as the state legislature's popularity continues to decline, reports Knox News. The poll found 76% of voters polled would support legally requiring gun owners to safely secure their firearms in vehicles and "passing laws that temporarily restrict access to guns for individuals who are at high risk of harming themselves or others." Only 16% would somewhat or strongly oppose the temporary gun restriction proposal, while 19% would oppose a vehicle safe storage law. Approval of the state legislature dropped one point from Vanderbilt's spring poll to 42%, the lowest ever recorded by the poll.


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