TBA Law Blog


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Posted by: Julia Wilburn on Apr 5, 2023

A bill is advancing in the state legislature that would require every polling place in Tennessee to display signs saying it is a crime to vote in a primary without being a bona fide party member. Tennessee currently has open primaries; voters aren’t required to register with a political party in order to vote, leaving it to voters to self-declare their party affiliation and vote in the primary of their choosing. The bill’s sponsor, Sen. Mark Pody, R-Lebanon, said the intent of the bill (SB0978/HB0828) is to “remind people they have to vote in the proper political party that they’re in.” Sen. Jeff Yarbro, D-Nashville, noted the state does not require any formal party registration in order to vote in primaries and such signage could serve to wrongly signal to voters that they had failed to take a necessary step before voting. The Tennessee Lookout has the full story.

Posted by: Julia Wilburn on Apr 5, 2023

WPLN reports that the state legislature is deferring action on gun legislation, despite protests from students and local gun reform activists. The Senate Finance, Ways and Means Committee postponed hearing a bill, SB1503, that would decrease the age for permitless carry in Tennessee from 21 to 18; the Senate Judiciary Committee pushed hearing three gun-related bills to the 2024 legislative session, including SB1325, which would have allowed teachers and other school employees across the state to carry concealed handguns on campus. SB1029 would have required safe storage of guns, but the Tennessee Lookout reports that it has been taken off notice to be reworked as a bill that could possibly earn bipartisan support.

Posted by: Stacey Shrader Joslin on Apr 4, 2023

House Republican leaders have begun the expulsion process for three Democrats — Reps. Gloria Johnson of Knoxville, Justin Jones of Nashville and Justin Pearson of Memphis — for their role in anti-gun protests last week, the Tennessean reports. An expulsion resolution for each member was introduced last night and each passed on an initial party-line vote of 72 to 23. A final vote is scheduled for Thursday. The resolutions claim the members “knowingly and intentionally” brought disorder and dishonor to the House of Representatives. Following introduction of the measures, the House “turned chaotic.” Yells rang out through the state Capitol, protestors screamed from the galleries and Rep. Jones accused Rep. Justin Lafferty, R-Knoxville, of taking his phone. 

Posted by: Stacey Shrader Joslin on Apr 3, 2023

House Speaker Cameron Sexton, R-Crossville, stripped two Democratic lawmakers of their committee assignments today as punishment for their role in a protest and demonstration in support of gun control at the Capitol last week. The Tennessean reports that Sexton took the action against Rep. Justin Jones, D-Nashville, and Rep. Gloria Johnson, D-Knoxville. Last Thursday, Jones and Johnson, along with Rep. Justin Pearson, D-Memphis, interrupted a debate on an education bill to join protesters in calling for gun control. With a bullhorn, the three led protestors in the galleries in several chants. Sexton said other sanctions, including expulsion, will be considered. Pearson does not serve on any committees. Sexton had earlier likened the protestors' activity to the Jan. 6 attack on the U.S. Capitol but tempered those remarks today, the paper said.

Posted by: Stacey Shrader Joslin on Apr 3, 2023

In the wake of last week’s school shooting in Nashville, federal and state lawmakers are calling for a range of responses. Tennessee Lookout reports that Gov. Bill Lee today called for increased funding for school security measures and mental health support. Read more on that proposal. According to WPLN, Tennessee Senate Speaker Randy McNally has expressed support for “red flag laws,” which would allow guns to be removed from those who pose a threat to themselves or the public. Former governors Bill Haslam and Phil Bredesen offer their proposed solutions in an editorial written for the Tennessean. On the federal level, Republican Rep. Andy Ogles of Columbia has asked Attorney General Merrick Garland to charge the shooting suspect with hate crimes, The Hill reports, while Sens. Marsha Blackburn and Bill Hagerty unveiled legislation last week to create a $900 million federal grant program for school safety measures. Chattanoogan.com has more on that initiative.

Posted by: Stacey Shrader Joslin on Mar 31, 2023

TBA's Director of Public Policy & Government Affairs Berkley Schwarz and Adams and Reese attorneys and TBA lobbyists Brad Lampley and Ashley Harbin are out with a new Legislative Update podcast today. In this week's episode, they discuss the Tennessee Domestic Relations Arbitration Act (HB1177/SB710); Tennessee Revised Uniform Arbitration Act (HB1162/SB775); TBA's adoption law bills, one which makes substantiative changes to law (SB919/HB854) and one that makes technical changes (SB921/HB855); and two bills dealing with the cost of electronic medical records in disability claims: HB1071/SB1393 and the Trial Lawyers/TBA bill HB647/SB1313. Finally, the episode looks at three bills targeting the professional privilege tax for attorneys: HB586/SB640 and HB580/SB1122, which would eliminate the tax, and HB585/SB641, which would phase out the tax over three years. The program 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: Julia Wilburn on Mar 30, 2023

Senate Judiciary Chair Todd Gardenhire, R-Chattanooga, said Wednesday that no gun-related bills will be taken up the rest of this legislative session, the Tennessee Lookout reports. “We will not hear any gun bills, anything related to gun bills this year. If they want to take them up next year, that’ll be fine,” Gardenhire said. The Senate Judiciary Committee, which already passed legislation to lower the gun carry age to 18 in Tennessee, will hold its final meeting next week, Gardenhire said. He noted Attorney General Jonathan Skrmetti reached an agreement with a California group to drop the age to 18 from 21 after Skrmetti determined he could not defend the state in court. A federal judge in the eastern district of Tennessee signed the order Monday, the same day three students and three staff members at The Covenant School in Nashville were killed.

Posted by: Stacey Shrader Joslin on Mar 29, 2023

Nashville voters, Metro Council candidates and current Metro councilmembers are joining together in a lawsuit challenging a new state law that requires the Metro Council to be cut in half. The suit, filed yesterday in Davidson County Chancery Court, makes many of the same arguments in the Metro government suit, the Nashville Post reports. Plaintiffs in the new suit are Zulfat Suara, Delishia Porterfield and Sandra Sepulveda, all Metro councilmembers currently seeking reelection; religious leaders Davie Tucker and Judy Cummings; Dave Goetz, a former leader of the Tennessee Department of Finance and the Tennessee Chamber of Commerce; Alma Sanford, a community member; and Quin Segall, a candidate for Metro Council. They are represented by Scott Tift and David Garrison of Barrett Johnston Martin & Garrison and John Spragens of Spragens Law.

Posted by: Stacey Shrader Joslin on Mar 29, 2023

The state House has passed House Joint Resolution 5, which proposes a congressional term limits amendment to the U.S. Constitution, Chattanoogan.com reports. More than 60 Tennessee legislators have signed the term limits pledge, indicating their support for the change. If approved by the Senate, Tennessee would be one of several states applying for a states-only convention to propose term limits on Congress. To be adopted, constitutional amendments must be approved by 38 states after being proposed by 34 state legislatures.

Posted by: Stacey Shrader Joslin on Mar 24, 2023

The Nashville Metro Planning Department today released two possible redistricting maps to satisfy legislation that requires Davidson County’s 40-member Metro Council to cut back to 20 members. One option would seat 17 district councilmembers with three countywide at-large representatives, while the other would seat 15 district council members with five at-large representatives. A public hearing on the proposals will be held April 4, according to the Nashville Post. While continuing to work toward a solution, the metro government has asked the courts for a temporary injunction, arguing the law is unconstitutional and requires unrealistic deadlines.


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