TBA Law Blog


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Posted by: Julia Wilburn on Jan 10, 2024

The Tennessee Senate’s joint working group studying the possibility of rejecting federal education funding has released its report, stating there were “more questions than definitive answers” on the feasibility of rejecting billions of dollars in federal education funding. An issue with the federal funding, according to House Speaker Cameron Sexton, R-Crossville, who in November contemplated the idea of rejecting the funding, was the concern that federal funds came with too many strings. The report concluded that there are already prohibitions on federal overreach within the large programs that provide funding for education. In addition, the report notes that Tennessee could potentially replace federal education funding with recurring state revenues, but it would do so “at the expense of other potential investments.” WKRN has the story.

Posted by: Julia Wilburn on Jan 10, 2024

The Tennessee House of Representatives today adopted a new rules package in a vote of 70-19 for the 113th Session. Tennessee House members may not use papers or visual aids while they discuss legislation but spectators watching legislative proceedings can still hold 8.5-by-11-inch signs this year. Additionally, House members approved a new rule to temporarily silence members ruled out of order by the speaker. For a first out-of-order offense, the member will not be able to participate in any further discussion of that current subject. If found out of order a second time, the member will have their speaking time reduced from five minutes to two minutes. On a third violation, the member will be barred from speaking on the floor for two legislative days. Guns will continue to be allowed in hearing rooms and banned from the House floor, and bill presentations in committee will be limited to five minutes. The Tennessean has more coverage of the rules package. In other action, House Speaker Cameron Sexton, R-Crossville, implemented a new policy governing access to one of the chamber's public galleries. The West Gallery is now accessible only to those who receive a ticket from a legislator, reports WPLN. Public access to the East Gallery remains on a first-come, first-served basis, Sexton's office tells the Tennessean. The House parliamentarian says the rules allow Sexton to enact policies that address decorum without needing a vote of the members.

Posted by: Paul Burch on Jan 9, 2024

Gov. Bill Lee is planning to unveil proposed legislation that addresses the impact of artificial intelligence (AI) on the music industry, reports the Nashville Business Journal. While current state law protects image and likeness, new protections would be more tailored to audio according to the Journal. Lee’s plan would update current law to include protections for songwriters', performers' and music industry professionals’ voices from the misuse of AI. A full announcement is expected Wednesday.

Posted by: Paul Burch on Jan 9, 2024

Tennessee lawmakers returned to the state Capitol Tuesday to kick off the 2024 legislative session at which lawmakers are expected to debate legislation related to education, taxes and abortion, among other issues. Sen. Ferrell Haile, R-Gallatin, the speaker pro tempore, presided over Tuesday's brief floor session leading praise for Sen. Art Swann, R-Maryville, who announced his planned retirement. Gov. Bill Lee's top priorities for the session include expanding the Education Freedom Scholarship Act across the state and reforming the state's franchise tax on businesses. On abortion, Democrats plan to continue efforts to weaken the state's restrictive abortion law. Read more about the new session.

Posted by: Paul Burch on Jan 9, 2024

Tennessee law firm Baker Donelson announced that Lang Wiseman, head of the firm’s public policy practice, and Jacob Baggett will lead the firm’s new emphasis on government relations, the Nashville Post reports. Wiseman returned to Baker Donelson in 2022 after working as deputy governor and chief counsel to Gov. Bill Lee. Baggett was hired as a public policy adviser after working as a senior public policy attorney at Bass, Berry & Sims. Wiseman announced that Baggett will serve as the firm’s "boots on the ground" at the Tennessee legislature. The Memphis-based firm, which has 22 offices in mostly southern states, plans to replicate its new emphasis on lobbying in other states.

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.


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