TBA Law Blog


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Posted by: Barry Kolar on Apr 18, 2023

Tennessee House Speaker Cameron Sexton has come under fire following reports that he owns a second residence in Nashville. His 25th District includes all of Cumberland County and a portion of Putnam County. “As speaker, I am in Nashville more frequently, but that doesn’t mean that I’m not here in Crossville,” Sexton told the Crossville Chronicle. He told the newspaper that he and his family are in Crossville on weekends, during school breaks and over the summer. The reports, which WBIR in Knoxville says were first published by the newsletter Popular Information, questioned whether it was appropriate for Sexton to receive “per diem” payments for his time in Nashville when he owned a home in the city.

Posted by: Stacey Shrader Joslin on Apr 17, 2023

A story in Friday’s issue of TBA Today reported that the Tennessee legislature approved several amendments to the Tennessee Supreme Court Rules. The story indicated that the amendments approved were the same as those put out for public comment. In fact, the court did change the rules package after the comment period. The language sent to and approved by the legislature did not include changes to Rule 41 of the Rules of Criminal Procedure. That rule was returned to the Rules Commission for further consideration. View the final changes to Rule 5.02 of the Rules of Civil Procedure and Rule 49 of the Rules of Criminal Procedure.

Posted by: Stacey Shrader Joslin on Apr 14, 2023

Gov. Bill Lee yesterday signed a law that prohibits public colleges and universities in the state from allowing access to video platforms headquartered in China on campus internet networks. The law impacts TikTok, WeChat and Sina Weibo. It does not prevent students from accessing the platforms on a personal internet connection or third-party network, and provides exceptions if the apps are necessary for law enforcement activities, investigations, audits or other legal functions of a public institution of higher education. Read more from the UT Beacon.

Posted by: Stacey Shrader Joslin on Apr 14, 2023

The Tennessee Supreme Court today issued notice that the state Senate and House have ratified amendments to the Tennessee Rules of Civil Procedure and Tennessee Rules of Criminal Procedure as proposed by the court. The amendments will take effect on July 1. See a description of the amendments in the court’s order soliciting comments. Based on the comments received, the court did not include changes to Rules of Criminal Procedure Rule 41 in its submission to the legislature. That proposed change was returned to the Rules Commission for further consideration.

Posted by: Stacey Shrader Joslin on Apr 14, 2023

An article in Tuesday's TBA Today indicated that Gov. Bill Lee had called on lawmakers to consider legislation allowing law enforcement to remove weapons from those deemed to be a risk to themselves or others. The article incorrectly stated that Lee supported a bill introduced by Sen. Heidi Campbell, D-Nashville. Instead, he urged introduction of a “new, strong order of protection law.” The Tennessean reports on his comments about the proposal.

Posted by: Stacey Shrader Joslin on Apr 14, 2023

TBA's Director of Public Policy & Government Affairs Berkley Schwarz and Adams and Reese attorney and TBA lobbyist Ashley Harbin are out with a new Legislative Update podcast today. In this week's episode, they discuss the time line for wrapping up this session, as well as the status of legislation capping the cost of electronic medical records (HB647/SB1313); the Revised Uniform Arbitration Act (SB775/HB1162); and two adoption bills: a substantive bill (SB919/HB854) and a technical bill (SB921/HB855). The pair also discuss Gov. Bill Lee's proposals to strengthen security at schools following the shooting at the Covenant School. A bill (SB274/HB322) requiring threat assessments by local governments and three amendments (amendment one, amendment two and amendment three) passed the House and Senate unanimously. Earlier this week, Lee signed an executive order to strengthen background checks for firearm purchases and called on the legislature to restrict those who pose a threat to themselves or others from accessing guns. Legislative Update airs each week during the legislative session on TBA’s Facebook page. It is also posted on the TBA’s website and wherever you listen to podcasts.

Posted by: Paul Burch on Apr 13, 2023

The Tennessee Firearms Association criticized Gov. Bill Lee’s recent call for passing a red flag law on firearms as unconstitutional, Tennessee Lookout reports. “Governor Lee called for the Legislature to react to the emotional response of some citizens after the Covenant murders and more particularly after the expulsion of two Democrat House members who demanded gun control,” said Executive Director John Harris in a statement. Lee earlier this week signed an executive order proposing new guidelines for firearms purchases as well as a state study into how law enforcement agencies share information. Senate Majority Leader Jack Johnson said that even though Lee had asked legislators to vote on a “red flag” bill, no such bill is being considered.

Posted by: Paul Burch on Apr 13, 2023

The Tennessee House and Senate will try this week to reconcile competing bills that would move control of the Nashville Airport board to the state and stipulate its size, the Tennessean reports. The Senate version of the bill would create an eight-member board with two appointments each from the governor, House and Senate speakers and the mayor. The House version of the bill includes a 10-member board with three members appointed each by the governor, House speaker and Senate speaker. The final spot would be for the mayor or his or her designee, who would not have voting power. The board is the governing board for the Nashville International and John C. Tune airports. Both bills maintain the current rule for all board members to live in Davidson County.

Posted by: Paul Burch on Apr 13, 2023

Rep. Justin Pearson of Memphis was sworn in by the Tennessee House of Representatives today one week after his expulsion for taking part in a protest for new gun legislation. The Shelby County Commission voted unanimously to reinstate Pearson to his seat Wednesday afternoon. "Gun violence is impacting and hurting every part of our community, and all people within our community, and the solutions offered are not good enough,” Pearson said after his swearing-in, as reported by the Commercial Appeal. Both Pearson and Rep. Justin Jones of Nashville, who also returned to the House this week, have stated their intention to run for their seats in a special election later this year. Read more about Pearson returning to the House here.

Posted by: Stacey Shrader Joslin on Apr 12, 2023

The state will offer executive and judicial branch employees six weeks of paid leave following the birth or adoption of a child following legislative action on SB0276/HB0324. The policy was an initiative of Gov. Bill Lee, but the legislature cut his proposed 12 weeks of leave in half, the Nashville Post reports.


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