TBA Law Blog


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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.

Posted by: Stacey Shrader Joslin on Mar 24, 2023

State Sen. Raumesh Akbari and Rep. GA Hardaway, Democrats from Memphis, have introduced legislation to create a pilot program that would allow juvenile court judges in Davidson and Shelby counties to keep someone in the juvenile court system until they are 24. The legislation is supported by Shelby County Juvenile Court Judge Tarik Sugarmon, who says extending jurisdiction to those in their mid-20s would provide greater opportunities for rehabilitation. Sugarmon’s predecessor, Dan Michael, unsuccessfully tried to convince the state legislature to increase the age to 25. Action News 5 has the story.

Posted by: Stacey Shrader Joslin on Mar 24, 2023

The Tennessean looks at the week in politics with updates on legislation that would lower open gun carry age limits from 21 to 18; a Senate panel’s rejection of a bill that would require adult cabaret performers to obtain work permits; the outlook for a measure that would block insurance companies from contracting with TennCare if they cover gender transition care; and Senate support for making Juneteenth an official state holiday. A number of bills also are likely dead for the year. The Jackson Sun reports on the fate of a bill that would have moved foreclosure advertisements from newspapers to a state-owned website. WPLN reports on the effort to eliminate the state Commission on Children and Youth. And WKRN looks at a bill that would have authorized the legislature to nullify any “unconstitutional federal action."

Posted by: Barry Kolar on Mar 24, 2023

Several hundred Tennessee attorneys, state legislators and their staff members gathered for the annual TBA Big Shrimp legislative reception Wednesday night to wrap up activities during the TBA Day on the Hill. The event gave TBA leaders and members a chance to meet with legislators in a casual setting to continue conversations on topics important to the profession, including repeal of the professional privilege tax and funding for indigent representation, as well as bills of particular interest to a number of TBA sections. See photos from the event.

Posted by: Stacey Shrader Joslin on Mar 24, 2023

TBA's Director of Public Policy & Government Affairs Berkley Schwarz and Adams and Reese attorney and TBA lobbyist Brad Lampley are out with a new Legislative Update podcast today. In this week's episode, they recap the TBA's Day on the Hill, hint at a possible adjournment date and 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 23, 2023

The Tennessee Lookout reports that legislation seeking to block Tennessee’s Medicaid program from contracting with any insurance company that covers gender transition healthcare in another state has stalled in the Senate. HB1215/SB1339, sponsored by House Speaker Cameron Sexton, R-Crossville, and Lt. Gov. Randy McNally, R-Oak Ridge, would eliminate all of TennCare’s contracts with managed care organizations covering gender-affirming care in other states. BlueCross BlueShield, United Healthcare and Anthem are currently allowed to sell TennCare plans and all three cover gender transitions in other states — but not through TennCare. TennCare covers over 1.7 million income-qualifying Tennesseans, half of which are children.


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