Author: Adam Friedman, Tennessee Lookout

Categories
News News Blog News Feature

Connecting the Dots Between Wetlands, Builders, and a Mysterious New PAC

Tennessee’s home builders stand to gain the most from a bill to remove construction restrictions on the state’s wetlands, and they’re spending like it. 

The Build Tennessee political action committee (PAC) recently donated $186,000 to state lawmakers, making the little-known group formed in July 2022 the fourth-largest spender in the six months before this year’s legislative session. The organization also hired lobbyists starting in January. 

Funding for the PAC comes from 18 people, all of whom list themselves as owners or partners in real estate or construction companies, and a limited-liability corporation called Amber Lane Development. 

But, most of the spending has come following a U.S. Supreme Court ruling in May 2023, narrowing the definition of wetlands that the federal government can regulate, shifting much of the oversight to states.

The PAC has raised $312,000 since its founding 20 months ago, doling out around $245,000to more than 90 lawmakers from both political parties, with 76 percent of that spending coming since the ruling. 

The court decision left more than half of Tennessee’s wetlands under Tennessee Department of Environment and Conservation (TDEC) purview. A large portion of the wetlands are in rural West Tennessee, where real estate markets are heating up as Ford builds its new factory in Haywood County. 

Rep. Kevin Vaughan, R-Collierville, a developer, is sponsoring a bill that would benefit developers. (Photo: John Partipilo)

TDEC’s new control and subsequent rules around wetlands construction drew the attention of Rep. Kevin Vaughan, R-Collierville, who is sponsoring the legislation that would significantly limit the department’s ability to regulate them. 

A deputy commissioner at TDEC told state lawmakers that Vaughan’s bill could result in higher back-end costs because it could worsen flooding, while environmental groups have opposed it, raising concerns that it could impact drinking water, hunting and fishing.

“Tennesseans have a long history of being stewards of our environment to the benefit of both our souls and wallets,” said Grace Stranch, CEO of Harpeth Conservancy. “It is no wonder that we are one of the fastest-growing states in the country. Growth doesn’t have to be antithetical to conserving our natural resources. Removing the long-standing protections for our wetlands sets the wrong precedent and goes against the balance necessary for the long-term interests of Tennesseans.”

Read more: Developers seeking to gain from building boom tied to Ford plant, push for weaker wetland rules.

Vaughan and West Tennessee home builders

During his time in office, Vaughan has maintained a close relationship with home builders.

He is the the owner of Township Development Services, a real estate services company based in West Tennessee. The company’s listed address is located on the same block as the office of the West Tennessee Home Builders Association, roughly 367 feet apart, according to Google Maps. 

Several of Build Tennessee’s PAC donors and its lead organizer are members of the West Tennessee Home Builders Association. 

Keith Grant — whom Build Tennessee’s PAC listed as an officer and whose email address is on the group’s lobbying disclosure form — is a former president of the West Tennessee Home Builders Association. He also donated $24,000 to the PAC. 

Grant, a prominent Collierville developer, did not respond to a request for comment.

Vaughan and his political action committee have received $9,000 from Build Tennessee. 

Other influential groups backing the legislation include the Tennessee Chamber of Commerce, Tennessee Farm Bureau, and the Associated Builders and Contractors. Each business association has spent at least $1 million since 2009 on lobbying, donations and independent expenditures to influence state lawmakers, according to a political spending database maintained by the Lookout.

• The Tennessee Chamber of Commerce: $4.4 million

• Tennessee Farm Bureau: $1.9 million

• Associated Builders & Contractors (All Tennessee chapters): $1.5 million

Anita Wadhwani contributed to this report.

Tennessee Lookout is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Tennessee Lookout maintains editorial independence. Contact Editor Holly McCall for questions: info@tennesseelookout.com. Follow Tennessee Lookout on Facebook and Twitter.

Categories
News News Blog News Feature

House GOP Rules Could Stymie Debate from Democrats

Members of the Tennessee House of Representatives share handshakes after being sworn in on Jan. 10, 2023. (Photo: John Partipillo)

Tennessee’s House Republican supermajority wants to close several speaking opportunities in its rules, which in the past allowed Democrats to slow down the legislative process and, ultimately, garner attention that led to a fundraising bonanza. 

Republicans propose eliminating lawmakers from arguing a point of order on the floor, bringing back rules to silence lawmakers deemed “off-topic” or out of order and allowing the House Speaker to determine the order of who can speak during a bill debate, the latter of which Republicans could use to cut off discussions by calling for votes on bills before Democrats have a chance to speak. 

House leaders introduced the silencing rules for the August 2023 special legislative session. They’re an attempt by Republican lawmakers to find a way to stop Reps. Justin Jones, D-Nashville, and Justin Pearson, D-Memphis, from disrupting proceedings without expelling them or running afoul of the state Constitution, which requires the two men to be able to vote in person on the House floor. 

During the special session, Republican lawmakers used the out-of-order rules to silence Jones for a day. The new rules give a lawmaker two strikes before the member could be banned from speaking for two legislative days. 

The new proposal also allows lawmakers to restrict debate to a set amount of time. For example, Republican and Democratic leaders could agree a bill can only be debated for 60 minutes, giving each party 30 minutes to talk and caucus leaders determining who speaks. Previously, each lawmaker was allowed to speak for five minutes on each bill, meaning theoretically, Democrats could have strung out debates on legislation for nearly two hours.  Rep. Justin J. Pearson, D-Memphis, speaking in April 2023. (Photo: John Partipilo)

The rule packages are part of an ever-increasing push and pull between Republicans trying to make it easier to pass their legislative agenda and Democrats attempting to use filibustering techniques to make it more difficult. 

At the start of the 2023 legislative session, Republicans approved a rule limiting each member to five minutes of speaking time on each bill and took those rules further in an August special session to limit what lawmakers can use their time to talk about, specifying they have to remain on the topic of the bill. 

Democrats, led by Jones and Pearson, have been particularly effective at using their speaking opportunities, whether on bills or through point of order, to drag out floor sessions. 

Throughout the 2023 legislative session, Republican lawmakers became more and more frustrated with the pair, culminating in their expulsions from the chamber in March after the two took control of the House speaking podium during a brief recess to protest a lack of action to address gun violence following the Covenant School shooting. 

The expulsions catapulted the two men into the national spotlight and allowed them to raise nearly $2 million. The attention and money showed the effectiveness and rewards of gumming up the legislative process. 

As part of the August special session rules, Republicans also tried to ban signs on the House floor and committee rooms, but a Davidson County judge struck down the rule as violating the First Amendment. 

The 2024 rules don’t contain any provisions banning signs from members of the public but prevent House members from carrying signs. A rules panel, however, declined to specifically approve provisions allowing small signs to be held up in committee meetings even though several members of the public held signs during Monday’s meeting. 

The House will debate the rules package when it starts its 2024 legislative session Tuesday. Read it here:

2024 Select Committee Report

Sam Stockard contributed to this report.

Tennessee Lookout is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Tennessee Lookout maintains editorial independence. Contact Editor Holly McCall for questions: info@tennesseelookout.com. Follow Tennessee Lookout on Facebook and Twitter.

Categories
News News Blog News Feature

State Budget Season: Experts Predict Stagnant Revenues

State Capitol (Credit: Tennessee State Government)

The days of skyrocketing tax revenues are likely over, multiple budget experts told Tennessee’s panel in charge of predicting revenue growth.

The financial experts predict the state and national economy will grow, but at a slower pace over the next two years. This, combined with the state’s business tax cuts enacted earlier this year, will slow the state’s revenue, making them harder to predict. 

For the past five years, Tennessee’s revenue has grown from $17.4 billion to $24.7 billion. This has allowed the state to spend more money on projects and keep up with the growing wages for employees. 

The revenue projections made by the state funding board are crucial as programs boosted by federal coronavirus relief funds expire, leaving the state with the option of whether to cut them or fund them from its own revenue. The projections will also factor into whether the state can afford to fund any new programs or whether it can cut taxes. 

If the panel goes with a negative growth rate, the state would have to cut its current spending, dip into its reserve funds, or increase revenue with new taxes. 

The funding panel heard presentations from economic experts at East Tennessee State University, the state Department of Revenue, the Federal Reserve, the Tennessee General Assembly’s Fiscal Review Committee and the University of Tennessee.

The various officials detailed Tennessee’s economic outlook, giving out projections for future tax revenue over the next two years. The funding board will use these predictions as it sets the revenue projections for state officials to use when developing next year’s budget.

Tennessee’s budget hearings start Tuesday, and the governor will submit his proposed budget to state lawmakers before his State of the State address in late January or early February of 2024.

Several of the experts pointed out that part of the reason Tennessee’s revenue isn’t growing as fast is because of a significant business tax cut already leading to a slowdown in franchise and excise tax collections. From July 1 to Sept. 30, 2023, these taxes missed projections by around $61.4 million. 

Most of the state’s revenue gain over the past five years has been driven by the ability to collect taxes on internet sales and an enormous growth in franchise and excise tax collections. Budget data shows that nearly two-thirds of the increase in state revenues came from these two areas. 

Don Bruce, the director of the Boyd Center for Business and Economic Research at the University of Tennessee, said the days of large-scale revenue growth are “virtually over.”

He predicted tax revenue would grow by less than 1 percent in each of the next two years. Officials from the revenue department made a similar prediction, estimating virtually no revenue growth over the next two years. 

Representatives with the Tennessee General Assembly’s Fiscal Review Committee and those from East Tennessee State University were more optimistic, predicting positive growth.  Fiscal review officials projected 1.1 percent revenue growth next year and 3.4 percent the year after, while ETSU economists went with 4.8 percent and 4.2 percent.  

Over the past few years, the state’s funding panel has used expert predictions to set revenue growth below their estimates, creating a surplus in revenue. 

During this period, state officials used the surplus to increase its funding for schools by $1 billion, give $884 million in incentives to Ford and contribute $850 million towards professional sports stadiums in Nashville and Memphis.

The state funding board — whose members are Finance and Administration Commissioner Jim Bryson, Secretary of State Tre Hargett, state treasurer David Lillard and Tennessee Comptroller Jason Mumpower — will meet again on November 29th to finalize the projected growth rate. 

Tennessee’s budget sees the impact of tax cuts and no new untapped revenue sources 

Tennessee Lookout

Tennessee Lookout is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Tennessee Lookout maintains editorial independence. Contact Editor Holly McCall for questions: info@tennesseelookout.com. Follow Tennessee Lookout on Facebook and Twitter.

Categories
News News Blog News Feature

State Settles Name-Clearing Suit With Former Vaccine Chief for $150K

The State of Tennessee spent $11 million on messaging before firing Dr. Michelle Fiscus for spreading the message approved by Gov. Lee’s office. (Photo: John Partipilo)

Tennessee’s ex-vaccine chief settled with the state for $150,000 in her name-clearing lawsuit.

Dr. Michelle Fiscus, the former medical director of the state’s Vaccine-Preventable Diseases and Immunization Program, filed the suit shortly after her firing in July 2021, which came as state health officials rolled out a campaign to get more people vaccinated against the coronavirus.

She claimed health department officials unfairly disparaged her by releasing her personnel file and a termination memo that falsely claimed she committed improper behavior in her state position.

Fiscus initially sought a name-clearing hearing, but instead took a settlement. 

Judge: former Tennessee vaccine chief suit must go to trial

Tennessee Lookout

State health department officials dismissed Fiscus after she circulated a memo to health care providers saying they were allowed to give vaccines to adolescents without their parent’s permission, referred to as the “mature minor doctrine.”

The memo was published during the state’s rollout of a campaign to get more people vaccinated for COVID-19. The campaign was supposed to include outreach to teenagers, but state Republican lawmakers complained and raised concerns about Fiscus’ memo.

The state stopped promoting vaccinations after Fiscus’ firing.

In a termination memo released to the public, officials indicted they fired Fiscus because she had improperly directed state funding to a nonprofit she created and circulated the mature minor document without permission from her bosses.

But the nonprofit was similar to those already operating in other states and did not include Fiscus on its board or payroll. Fiscus’ bosses previously praised her for taking the initiative to create it, according to court filings. Court filings also showed that a health department lawyer in senior leadership helped Fiscus create the mature minor memo.

After her firing, Fiscus and her family were subject to a slew of angry social media posts, emails and death threats. She has since moved from Tennessee.

Tennessee Lookout is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Tennessee Lookout maintains editorial independence. Contact Editor Holly McCall for questions: info@tennesseelookout.com. Follow Tennessee Lookout on Facebook and Twitter.

Categories
News News Blog News Feature

Special Session Day 1: House GOP Passes Rules Restricting Speech, Limiting Public Access

Mothers of children who attend Nashville’s Covenant School in the Tennessee House gallery on the first day of the 2023 special legislative session. (Photo: John Partipilo)

Tennessee House Republicans passed a set of rules allowing them to silence lawmakers deemed disruptive, off-topic or who “impugn the reputation” of another member during this week’s special legislative session. 

The new rules are an attempt by Republican lawmakers to find a way to stop Reps. Justin Jones, D-Nashville, and Justin Pearson, D-Memphis, from disrupting proceedings without expelling them or running afoul of the state constitution, which requires the two men to be able to vote in person on the House floor. 

“The rules that are being put forward now are to limit freedom of speech,” Pearson said during the debate over them. “It’s not just limiting the freedom of speech of representatives. You are limiting the freedom of speech of our constituents.”

Earlier this year, Jones and Pearson used a bullhorn to take over the House floor and protest a lack of response to gun violence following a mass shooting that killed six at the Covenant School in Nashville.

Republican lawmakers expelled the two for their actions, but local governments and voters swiftly returned the two men to their House seats, removing expulsion as a deterrent.

Gov. Bill Lee called this week’s legislative in response to the Covenant shooting but has restricted lawmakers from discussing any gun-related legislation.

The rules that are being put forward now are to limit freedom of speech. It’s not just limiting the freedom of speech of representatives. You are limiting the freedom of speech of our constituents.

– Rep. Justin Pearson, D-Memphis

Lee will allow lawmakers to discuss 18 topics, which include ways to strengthen criminal justice laws and address mental health issues. He will also enable them to discuss a red-flag law to remove guns from this deemed a risk, but no House or Senate Republican has sponsored such a bill. 

Democrats have criticized the special session for not allowing lawmakers to debate some form of gun control. The Covenant shooter had three guns in their possession, including an AR-15 military-style rifle. 

As part of the special session and new rules, Republican lawmakers restricted public access to the Capitol building, legislative offices and House floor. 

A cap was set for how many people could enter the Capitol, and members of the public won’t be allowed to carry signs while in the House gallery. 

House Republicans also closed off one of the two galleries from the public, allowing only credentialed guests like media members, legislative staff and lobbyists. 

In the past, House Speaker Cameron Sexton, R-Crossville, could cut off a lawmaker’s microphone if he determined they were disruptive, off-topic or personally insulted a House member when commenting or asking a question during the debate of a bill.

Sexton had exercised this authority several times with Jones, Pearson, and the occasional Republican lawmaker. But, the new rules allow Sexton and the Republican supermajority to escalate the punishments.  House Majority Leader William Lamberth. (Photo: John Partipilo)

“Stick to the bill, stick to the policy,” House Majority Leader William Lamberth, R-Portland, said advocating for the rules. “Let’s stay on the issue and not insult each other.”

The rules give House lawmakers three strikes on disruptions. A House member can’t debate or make remarks on the floor for three days after the first time Sexton deems them disruptive. On the second offense, it’s six days of silence and a third offense results in a ban for the rest of the special session. 

When a member is off-topic, the rules give lawmakers four strikes before they are silenced for the rest of the special session. On the first offense, the lawmaker’s mic is cut off. On the second offense, the speaker won’t recognize the lawmaker on the House floor for three days, and on the third offense, it’s no recognization for six days. 

When a lawmaker “impugns the reputation of another member” the House will take a vote on remark without debate. If the House determines the lawmaker insulted a member the same four-strike rules as being off-topic apply.

House Rules of Extraordinary Session 8.1.23

Tennessee Lookout is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Tennessee Lookout maintains editorial independence. Contact Editor Holly McCall for questions: info@tennesseelookout.com. Follow Tennessee Lookout on Facebook and Twitter.

Categories
News News Blog News Feature

Progressives Ponder Impact of Gerrymandering Ruling On Tennessee Election Maps

State Capitol (Credit: Tennessee State Government)

The fate of two of Tennessee’s state election maps could get a ruling in the coming weeks, while a potential lawsuit could challenge Congressional drawings after a favorable U.S. Supreme Court ruling.

Lawyers in a suit challenging the the legality of 2022 state House and Senate redistricting maps submitted their post-trial briefs to the Davidson County Chancery at the end of May, signifying the conclusion of the trial. 

The trial ended days before the U.S. Supreme Court ruled an Alabama Congressional map violated the Voting Rights Act on the grounds of illegal gerrymandering meant to lower the chances of the state electing a second Black U.S. Representative. 

But while the ruling likely opens the door for Democrats in states like Louisiana and South Carolina to challenge those maps on similar grounds, a similar case will be tougher in Tennessee —  even as the ruling has increased the likelihood of a lawsuit. 

The argument from Republicans is these maps are not racially charged, but political. As long as there’s no evidence that the people in the room who are making these decisions were talking about race, then you have very little to go on.

– Lisa Quigley, former chief of staff for retired U.S. Rep. Jim Cooper

Breaking decades of precedent, Republicans divided Nashville into three Congressional districts as part of the 2021 redistricting process. Previously, Metro Nashville-Davidson County made up most of the 5th Congressional District, with smaller counties such as Cheatham or part of Rutherford filling it out.

The change gave Republicans the necessary rural votes to flip the historically Democratic 5th District and played a significant role in helping the GOP secure a four-seat majority in the U.S. House. 

Progressive organizations in Tennessee have started discussing whether the Alabama decision would allow them to reverse the Nashville gerrymander. Tennessee’s Black population makes up about 17 percent of the state, while one of the state’s nine Congressional districts (or roughly 11 percent) is considered a majority-minority district.

These groups believe a Nashville kept intact creates a Democratic seat, but it wouldn’t necessarily create a majority-minority district leaving it in a gray area under federal voting laws.

Lisa Quigley,  former chief of staff for retired Nashville Democratic U.S. Rep. Jim Cooper, said the long-term success of the recently redrawn congressional districts could come down to an argument of politics versus race.

“The argument from Republicans is these maps are not racially charged, but political,” Quigley said. “As long as there’s no evidence that the people in the room who are making these decisions were talking about race, then you have very little to go on.”

The U.S. Supreme Court has previously ruled gerrymandering for political purposes is allowed.

State House and Senate map challenges

The current state House and Senate map legal challenges don’t accuse Tennessee Republicans of racial bias, instead arguing lawmakers violated a set of federal and state map drawing requirements. 

Gary Wygant of Gibson County challenged the state House map on the grounds it violated state and federal redistricting laws by dividing up more counties than necessary, while Francie Hunt of Nashville challenged the state Senate map based on a provision in the state constitution requiring districts to be numbered in sequential order inside a county. 

As an example, Republicans drew Sen. Mark Pody’s, R-Lebanon, Senate District 17 seat into Davidson County, whose other three Senators — Democrats Heidi Campbell, Charlane Oliver and Jeff Yarbro represent districts 19, 20 and 21.  

Democrats have argued the state House map could have divided fewer counties, which would potentially boost Democratic chances of picking up more legislative seats. After redistricting, Republicans increased their majority in the state House from 71 to 75 seats. 

Lawyers defending the maps argued the map split no more than the maximum allowed under the law.

A new map in the Senate could impact Republicans Kerry Roberts, Shane Reeves, or Bill Powers, potentially making one of their districts more competitive. 

Last year, the Tennessee Supreme Court overruled a lower court decision temporarily blocking the map because it said the concerns were too minor to risk impacting the 2022 midterm elections. 

A court ruling could force Republicans to redraw the maps before next year’s elections, which they could do during the August 21 special session called by Gov. Bill Lee.

The Wygant-Hunt briefs: GARY WYGANT – Plaintiff’s Post Trial Brief
gary wygant – defendant’s post trial brief

Tennessee Lookout is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Tennessee Lookout maintains editorial independence. Contact Editor Holly McCall for questions: info@tennesseelookout.com. Follow Tennessee Lookout on Facebook and Twitter.

Categories
News News Blog News Feature

Tennessee House Republicans Expel Two Democrats, Keep One, Over Gun Floor Protests

Reps. Justin Jones, right, Justin Pearson, bottom, and Gloria Johnson, left, bring a megaphone onto the Tennessee House floor on March 30, 2023. (Photo: John Partipilo)

The Tennessee House of Representatives voted along party lines to expel Democratic Reps. Justin Jones and Justin Pearson from its body for leading a floor protest over gun violence one week ago, but Rep. Gloria Johnson survived expulsion by one vote.

The expulsion vote against Jones, D-Nashville, was 72-25, and 69-26 against Pearson, D-Memphis. It needed 66 votes it pass.

The vote against Johnson, D-Knoxville, was 65-30, one short of the number needed to expel as seven Republicans voted to keep her.

The trio is accused of violating the House rules of decorum when they took over the speaking podium to lead chants with a crowd protesting the lack of action by lawmakers on gun violence after six were killed — including three children — in a mass shooting at a religious school in Nashville.

Rep. Charlie Baum, R-Murfressboro, was the only Republican to vote against kicking Jones out. Rep. Sam Whitson, R-Franklin, was present but did not vote on Jones’ expulsion resolution.

The expulsion hearing for Jones went on for nearly two hours.

Reps. Jody Barrett, R-Dickson; Rush Bricken, R-Tullahoma; Bryan Richey, R-Maryville; Lowell Russell, R-Vonore; Mike Sparks, R-Smyrna; Baum and Whitson voted against removing Johnson. Reps. John Gillespie, R-Memphis, and Bryan Terry, R-Murfreesboro, were present but abstained from voting.

The expulsion hearing for Johnson lasted 90 minutes.

Baum, Gillespie and Richey voted against expelling Pearson. Whitson was present but did not vote to remove Pearson.

The expulsion hearing for Pearson lasted 90 minutes.

Twitter thread of the expulsion hearing

OK, so now in the expulsion hearings @JRClemmons, an attorney, is trying to make the point that the video the GOP just showed “was in direct violation” of house rules disallowing members to shoot video on the floor.
“Are we going to punish them as well?”

— Anita Wadhwani (@anitawadhwani) April 6, 2023

Tennessee Lookout is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Tennessee Lookout maintains editorial independence. Contact Editor Holly McCall for questions: info@tennesseelookout.com. Follow Tennessee Lookout on Facebook and Twitter.