TBA Law Blog


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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.

Posted by: Stacey Shrader Joslin on Apr 12, 2023

Shelby County commissioners today voted unanimously to appoint Justin J. Pearson to the state House seat he was expelled from last week. None of the four Republican commissioners were in attendance and Democrats Britney Thornton and Michael Whaley were absent as well, the Daily Memphian reports. Republican commissioner Mick Wright issued a statement just before the special meeting saying he could not “in good conscience contribute to what I see as a breakdown in our representative system of government.” A group of several hundred marched from the National Civil Rights Museum to the Vasco A. Smith Jr. County Administration building in support of Pearson, who was expelled from the District 86 seat Thursday for violating House rules of decorum. According to the National Bar Association, Pearson will be sworn back into the House at 9 a.m. CDT tomorrow. He will have to run again for the seat in a special election. Commissioners say holding that election could cost up to $1 million.

Posted by: Paul Burch on Apr 11, 2023

Democratic Rep. Justin Jones has returned to his seat in the Tennessee House of Representatives after the Metro Council yesterday voted unanimously to reinstate him. Jones was expelled last Thursday for leading public protests on the House floor for new gun legislation.  "I want to welcome democracy back to the people's house," Jones said from the floor after his swearing in,  the Tennessean reports. The Shelby County Council will vote tomorrow on whether to reinstate Rep. Justin Pearson who was also expelled.

Posted by: Stacey Shrader Joslin on Apr 10, 2023

A panel of three Tennessee judges today granted an injunction that temporarily halts implementation of a new state law limiting city and metropolitan councils to 20 members or less. The law, which impacted only Metro Nashville, would require the city to cut its council in half according to the Tennessean. City leaders challenged the law’s constitutionality and argued the measure would complicate upcoming local elections. With the injunction in place, Nashville can move forward with its Aug. 3 election with 40 council seats on the ballot, the paper reports.

Posted by: Paul Burch on Apr 10, 2023

In a special meeting this afternoon the Metro Nashville Council voted unanimously to temporarily reinstate former Rep. Justin Jones to the legislature effective immediately, the Tennessean reported. Jones was one of two Black representatives expelled Thursday for protesting the House's refusal to consider new gun control legislation in the aftermath of a deadly local school shooting that claimed six, including three children. On Wednesday, the Shelby County Commission will consider reappointing the other expelled legislator, Rep. Justin Pearson, the Commercial Appeal reports. Both Jones and Pearson have said they will run again for their seats in upcoming special elections.

Posted by: Stacey Shrader Joslin on Apr 10, 2023

The leadership of the National Bar Association (NBA), together with members of the group’s Tennessee affiliate chapters, was in Nashville today for a rally to support the three state representatives who faced expulsion action last week. Those scheduled to be in attendance included NBA President Lonita Baker of Louisville and Vice President of Membership Ashley Upkins of Nashville. The day included a rally at 3:30 p.m., attendance at the Metro Council’s 4 p.m. meeting to consider reappointing Rep. Justin Jones and a march to the state capitol at 5 p.m. CDT.


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