TBA Law Blog


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Posted by: Stacey Shrader Joslin on Jun 30, 2023

More than 170 laws passed this year by the Tennessee General Assembly are set to become effective tomorrow. The Tennessean looks at several, including new school security requirements, liability protections for gun manufacturers, business tax changes, restrictions on the sale of Delta-8 THC products, penalties for book publishers and distributors who send or sell obscene materials to public schools, stronger penalties for those who desecrate houses of worship, and paid family leave for state employees and teachers. Action News 5 has its own list, including new requirements tied to the state’s “Move Over” law, a 30-day requirement for death sentences to be carried out after all appeals are exhausted, and restrictions on universities using state funds for activity that “endorses or promotes a divisive concept.”

Posted by: Paul Burch on Jun 28, 2023

Attorneys for the Tennessee Office of Legislative Administration stated in a Davidson County Chancery Court filing last week they believe state public records laws don’t apply to the legislative body, reports the Chattanooga Times Free Press. In addition, the attorneys argue it would violate the separation of government powers for a court to compel them to release documents related to their ongoing investigation into sexual harassment allegations against former Republican Rep. Scotty Campbell. The statements were made in response to a lawsuit by Brian Manookian, who is seeking public records related to the ethics investigations and personal schedules of top House officials.

Posted by: Stacey Shrader Joslin on Jun 26, 2023

It was not long ago that North Carolina had the highest personal and corporate income tax rates in the Southeastern United States, but state legislators have been systematically cutting business and individual taxes, Forbes reports. This year, legislators turned their attention to the professional privilege tax, with the state House passing a budget that repeals the tax. The final budget is being negotiated but if the tax is repealed in the Tar Heel state, Tennessee would be among just five states that still levy a privilege tax. Tennessee House Majority Leader William Lamberth tells Forbes that state leaders agree with the goal of completely doing away with the tax but are moving judiciously. "It should never have been put in to begin with and on every single profession," he said. Jim Brown, NFIB state director in Tennessee, tells the magazine that “No one should be taxed just to go to work” and that “Paying the state $400 a year is a burden on many and frankly an insult” for those who “take care of the needs of so many Tennesseans.”

Posted by: Stacey Shrader Joslin on Jun 21, 2023

Gov. Bill Lee today encouraged Tennessee schools and local law enforcement agencies to apply for nearly $200 million provided through two grants to strengthen school safety, WREG reports. The Statewide School Resource Officer Grant provides $140 million to place a full-time, armed SRO at every public school. Local law enforcement agencies are eligible to apply for the grant, not to exceed $75,000 per year, per school. The Public & Non-Public School Security Grants provide one-time funding to strengthen security at schools, including $40 million for public schools and $14 million for non-public schools. These funds can be used to support a variety of school security efforts, including improved physical security, emergency operations planning, violence prevention programs, conflict resolution and safety training for staff members. Both grant programs were approved in the recent legislative session.

Posted by: Stacey Shrader Joslin on Jun 21, 2023

The Nashville Metro Council voted unanimously yesterday to appoint former Metro Councilmember Anthony Davis to the state House seat held by Democratic Rep. Bill Beck, who died earlier this month. Davis will serve in an interim capacity while a special primary election is held on Aug. 3 and a special general election is held on Sept. 12, Nashville Post reports. Davis is one of four candidates running in the special Democratic primary. The other candidates expressed concerns about the move, arguing the council was tipping the scale toward Davis in a competitive race. Davis represented East Nashville’s District 7 on the Metro Council from 2011 to 2019 and is the president and owner of East Nashville Beer Works. He called Beck “a dear friend” and said he hopes to continue the lawmaker’s legacy.

Posted by: Stacey Shrader Joslin on Jun 16, 2023

The White House announced this week that several ticket brokers, including Live Nation, will be changing their ticketing policies to disclose fees upfront, Axios reports. In addition, Ticketmaster will add a feature to give consumers the option to receive all-in upfront pricing for tickets sold on the platform, and Seat Geek has committed to all-in pricing features this summer. The announcement comes after Tennessee passed first-of-its-kind legislation to ensure ticket brokers disclose fees in advertised prices. Those requirements go into effect on July 1.

Posted by: Julia Wilburn on Jun 16, 2023

Rep. Justin Jones, D-Nashville, and Rep. Justin J. Pearson, D-Memphis, have both won their special primary elections after being ousted from the state House of Representatives in April for their roles in gun violence protests. WKRN caught up with Jones after he voted. “Quite frankly, it’s a waste of taxpayer money," Jones said. "But it is part of the process to undo what happened on April 6th.” The general election will be held in August.

Posted by: Paul Burch on Jun 6, 2023

A special primary election will be held Aug. 3 to fill the House District 51 seat left vacant by the death of Rep. Bill Beck, D-Nashville, the Tennessean reports. The Davidson County Election Commission today set that date and Sept. 14 for the general election. Beck, a Nashville lawyer and longtime Democratic state representative died after suffering a heart attack on Sunday. He was 61.

Posted by: Paul Burch on Jun 1, 2023

Republican legislators are seeking the release of the Covenant School shooter’s writings as a prerequisite to moving forward with Gov. Bill Lee's special session on public safety and mental health scheduled for Aug. 21, reported the Tennessean. The session was called in response to the fatal shooting in April at Covenant School that claimed the lives of three adults and three 9-year-old children. Metro Nashville Police officers fatally shot the suspect at the school. The shooter’s writings, which have not been made public and are alleged to include other proposed targets, have been the subject of multiple lawsuits. City officials have withheld public release of the writings citing an ongoing criminal investigation. Gov. Lee announced Thursday he intends to bring an extreme order of protection law to the floor during the special session. 

Posted by: Julia Wilburn on May 26, 2023

Gov. Bill Lee responded Thursday to an open letter from three Republican legislators urging Lee to abandon a special session on state gun laws and public safety that is scheduled for Aug. 21. Lee told WKRN that he feels confident lawmakers will accomplish something during the special session in August, saying, “I certainly respect the thoughts and opinions of every lawmaker and have a great relationship with them and will continue to work together with them.”


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