Government Affairs for TBA Members

One of the most important responsibilities of the TBA is to advocate for the legal profession and our system of justice before the Tennessee General Assembly.  

The TBA's Government Affairs team, Berkley Schwarz, Brad Lampley and Ashley Harbin, have deep industry and technical knowledge, historical insight into legislative/regulatory issues and strong relationships with policymakers and their staff.

During the legislative session, the TBA Government Affairs team

• Works with the Tennessee legislature to introduce and pass TBA's legislative initiatives, drafted by TBA sections, committees or divisions and approved by the TBA House of Delegates and Board of Governors.
• Meets with legislators and educates them on TBA's positions on specific bills. The TBA sections' executive councils provide detailed feedback to the Government Affairs team on bills that directly affect their practice areas. Based on that feedback, the Government Affairs team works with legislators to help pass the bills TBA supports and expresses TBA's concerns about bills that may be unnecessary and/or detrimental to the practice of law. 

Learn more about this process. 

TBA Member Grassroots Advocacy

The Tennessee Bar Association is working to enhance its policy advocacy efforts, including through connecting an active, informed and engaged network of lawyers from across the state who are willing to serve as advocates on issues that are important to the practice of law in Tennessee. The TBA is looking for a diverse group of attorneys in terms of location, background, experience and practice type – the more the better. Please consider giving your time and effort to help lawyers in Tennessee.

If you would like to join TBA's Grassroots Advocacy efforts, including receiving action alerts as relevant policy issues arise, please complete this form.

Tennessee General Assembly 113th Session Recap

The 113th Tennessee General Assembly ran through 2023 and 2024 and adjourned on April 25, 2024. The 2024 session proved to be a successful legislative year for the TBA. All of the legislative initiatives drafted by TBA sections were passed by the General Assembly and signed into law by the governor. Additionally, TBA secured an additional $8.9 million in funding for court appointed attorneys representing the indigent. Here are some highlights of the session:

Indigent Representation Funding

The General Assembly’s budget for Fiscal Years 2024-2025, HB2973/SB2942, included $8.6 million in additional recurring funding to increase the hourly rate for court-appointed attorneys representing the indigent, raising the hourly rate by $10 an hour to $60 an hour, as well as the corresponding caps. The TBA supported the Administrative Office of the Court’s budget request of $26.145 million, which would have raised the hourly rate to $80. It remains committed to working with stakeholders to secure additional resources to fairly compensate lawyers who do this important work. Learn more about indigent representation in Tennessee and ways to advocate for increased rates and caps. 

Cost of Electronic Medical Records

HB647/SB1313, sponsored by Rep. Charlie Baum, R-Murfreesboro, and Sen. Paul Bailey, R-Sparta, and spearheaded by the TBA Disability Section and the Tennessee Trial Lawyers Association, provides that the total charges for electronic medical records provided by medical providers must not exceed 25 cents per page for each page after the first 10 pages, up to $90, with the exception of fees charged for reproducing electronic records of patients involved in a claim or appeal of denial for social security disability benefits which must be a flat fee of $20. The bill was signed by Gov. Bill Lee in April and went into effect on July 1.

Conservatorships

HB2710/SB2254, sponsored by Rep. Johnny Garrett, R-Goodlettsville, and Sen. John Stevens, R-Huntingdon, and drafted by the TBA Probate Study Group, provides that a medical or psychological report needed to appoint a conservator no longer must be notarized and instead may be declared under penalty of perjury as set forth in Tennessee Rule of Civil Procedure 72. This provision was signed into law by the governor and went into effect on March 27.

Adoption Clean Up

HB2644/SB2633, sponsored by Rep. Tom Leatherwood, R-Arlington, and Sen. Ferrell Haile, R-Gallatin, and drafted by the TBA Adoption Law Section, cleans up and provides uniformity in the adoption statutes to ensure that the statutes enacted in 2023 will work as intended in practice. It includes amendments regarding child placement, putative fathers, child witnesses, termination of parental rights in causes of severe abuse, among others. It was signed into law and took effect on July 1.

Birth Certificates in Adoptions

HB2645/SB2632, also sponsored Leatherwood and Haile and drafted by the TBA Adoption Law Section, requires the Tennessee Department of Vital Records to issue birth certificates within 45 days of the finalization of an adoption, among other things. Gov. Lee signed the bill into law, and it took effect July 1.

Budget

Before adjourning, the General Assembly approved a $52.8 billion budget for FY 24-25, reflecting a $10 billion reduction in state spending — a 16% decrease from the previous year’s budget. The budget took effect on July 1.

Many of Gov. Lee’s budget proposals, initially introduced in February and refined with a late March amendment, remained unchanged throughout the legislative process. The overarching aim of this year’s budget, as outlined by Finance & Administration Commissioner Jim Bryson, is to maintain fiscal responsibility, aiming for a return to “normal” by 2026. This objective is proposed to be achieved by preserving the base budget and reserves, bolstering the Rainy Day Fund, and avoiding additional debt.

A notable inclusion in the final budget is a $100 million investment in the state’s Rainy Day Fund, elevating it to a record high of $2 billion. This fund serves as Tennessee’s savings account to withstand economic downturns. Other highlights from the budget include $261 million towards the Tennessee Investment in Student Achievement (TISA) public school funding formula, which includes $125 million for increased teacher pay and retirement contributions. There was also a focus on rural health after a Rural Health Task Force was implemented and found there was a need for funding in this area, leading to $200 million being allocated for rural health.

Franchise and Excise Tax

The House and Senate eventually reached a compromise on Lee’s proposal to amend Tennessee’s 90-year-old franchise tax laws and provide a refund for taxes paid by businesses — a measure deemed crucial in light of recent concerns that Tennessee’s alternative tax base model potentially violates the commerce clause of the U.S. Constitution. The agreement that passed includes a 3.5 year look back on a refund and will make the list of companies receiving refunds publicly available for 30 days between May 31 and June 30, 2025. That list will break the companies down into four different categories: companies receiving refunds ranging from $0 to $750, companies receiving $750-$10,000, companies receiving greater than $10,000, and companies whose applications are pending, but not yet resolved. The legislation provides that to receive a refund, companies must agree to waive all further claims with the state. Further, any company not applying for a refund that elects to sue the state instead will not be entitled to attorneys’ fees. The conference committee plan passed the Senate 25-6 and the House 69-23 and was signed into law by the governor on May 10.

Education Freedom Scholarship Plan

The House and Senate were unable to reach a compromise between their respective amendments to Gov. Lee’s education freedom scholarship plan, thus causing the governor to pull the plug on the bill for the year.

An in-depth look at the adoption, probate and medical records bills written by TBA Section members for the Tennessee Bar Journal is available online.

TBA Legislative Updates

For more information on legislation TBA is working on during the 2025 legislative session, please listen to our weekly Legislative Update Podcast or watch the Legislative Update video on the TBA Facebook page when the General Assembly is in session (January-May).

TBA Day on the Hill & Big Shrimp Reception 

LAWPAC

Make a contribution to LAWPAC today. Funds raised will be used to support the campaigns of those candidates who have demonstrated an interest in preserving the legal profession in this state. Contribute to LawPac now!

TBA Government Affairs Committee

The TBA Government Affairs Committee is involved in one of the core missions of the association — advocacy for the profession and for our system of justice. Visit the committee's homepage to learn more about its activities.

RECENT NEWS

More News