Author: Sam Stockard, Tennessee Lookout

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Stockard: Memphis Crime Bill Shocks

Rodney and RowVaughn Wells, parents of the late Tyre Nichols, at a Monday press conference speaking out against a bill to overrule a local government measure to limit traffic stops of the type that resulted in Nichols' death. (Photo: John Partipilo, Tennessee Lookout)

Promises, promises. This wouldn’t be the first time they’re broken.

Rep. John Gillespie (R-Bartlett) swore on the House floor Thursday he didn’t tell the family of slain motorist Tyre Nichols’ he would postpone a policing bill they oppose until next week when they could return to the Capitol. That claim brought an accusation from Rep. Justin J. Pearson (D-Memphis) that Gillespie lied to the family (and a subsequent rebuke that amounted to nothing).

Nichols’ parents, Rodney and RowVaughn Wells, also sent out a statement Thursday urging Senators to vote against the bill when it reaches the upper chamber and reiterated what Pearson said, that Gillespie told them not to visit Nashville because he didn’t plan to bring the bill to the floor.

The Wellses visited the legislature Monday lobbying against Gillespie’s bill, which would turn back a Memphis City Council ordinance designed to prevent police officers from making “pretextual” stops such as pulling over motorists for a bad tail light. The Wellses believe their son, Tyre, would be alive if such an ordinance had been in place in January 2023 when police stopped him and beat him (the incident is on video). He later died.

Gillespie responded by postponing the bill until Thursday and attaching an amendment — which is usually a no-no on the floor — making the bill apply only to “pretextual” stops. In other words, police would still make them in Memphis and statewide.

Several Memphis Democrats questioned whether he told the Wellses he would delay the bill until they could return to the Capitol, which is more than three hours from Memphis.

Rodney and RowVaughn Wells, parents of the late Tyre Nichols, at a Monday press conference speaking out against a bill to overrule a local government measure to limit traffic stops of the type that resulted in Nichols’ death. (Photo: John Partipilo, Tennessee Lookout)
“They were told it would be presented next Thursday. John lied to them,” said Rep. Justin Pearson (D-Memphis) of Rep. John Gillespie. (Photo: John Partipilo/Tennessee Lookout)
Rep. Gloria Johnson hugs RowVaughn Wells, mother of the late Tyre Nichols. (Photo: John Partipilo/Tennessee Lookout)

Gillespie contended his community is “begging” for safer streets and refused to give in, saying the bill needed to pass immediately to cut Memphis crime.

Afterward, he said he texted Mr. Wells during Thursday’s session to let him know he was moving forward with the bill and received no response.

“I feel horrible that they feel this way. But I told them this bill was on the calendar today and that my intention was adding an amendment if I was allowed,” Gillespie said.

Regardless of who said what and when, Gillespie could have put it off again. Democrats practically begged him for a delay.

But the second-termer who succeeded the late Rep. Jim Coley wouldn’t budge — buoyed by supermajority Republicans. And two efforts by Towns to force postponement failed.

Eventually, the House voted along party lines to adopt Gillespie’s bill, bringing yet more criticism from Pearson.

“They were told it would be presented next Thursday. John lied to them,” Pearson told the Lookout later, basically the same thing he said on the floor.

The Wellses issued a statement later Thursday saying the legislation is a “dangerous step back in the fight for accountability, transparency and justice within law enforcement.” They consider the Memphis ordinances a “part of Tyre’s legacy,” intended to build trust between law enforcement and residents and prevent tragic deaths.

The Senate is likely to follow the House on this issue, even though Lt. Gov. Randy McNally (R-Oak Ridge) isn’t enthusiastic about several other constitutionally questionable measures emanating from the lower chamber.

The real question, however, is whether Memphis police will follow the legislature’s orders if the bill becomes law or stick with the Memphis City Council directive to limit “pretextual” stops, those in which officers pull over vehicles to make a “speculative” investigation unconnected to the reason for the stop, and not for enforcing traffic laws.

Some folks call it stereotyping or “driving while Black,” and the U.S. Department of Justice saw enough problems with Memphis policing policy to investigate last year.

But the city council, worn out with traffic stops turning into killings, took things into their own hands and prohibited “pretextual” policing. 

It sounds like something the police department should have done years ago. But in the majority minority city on the banks of the Mississippi, change comes slowly — if at all.

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.

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State of the State: Lee Pushes $1.6B Corporate Tax Cuts, Rebates, $141M for School Vouchers

Tennessee Governor Bill Lee enters the House chambers and greets Lt. Gov. Randy McNally for Lee’s sixth State of the State address. (Photo: John Partipilo)

Entering the second year of a second four-year term, Gov. Bill Lee is singing the same chorus he did when he started five years ago: A heavy dose of private-school vouchers is the solution for Tennessee.

In the annual State of the State speech, Lee presented a $52.6 billion spending plan the day after he committed to send Tennessee National Guardsmen to Texas to provide backup to federal personnel on patrol there. 

Lee entered office in January 2019 with a plan to offer students public money to attend private schools, as well as to bolster charter schools, which are privately held but officially considered part of public school systems. The state also has boosted K-12 spending by about $3 billion in five years, $1.8 billion from the state level.

After a contentious vote that led to an FBI investigation, in addition to a protracted lawsuit, his education savings account plan took effect two years ago.

As he starts his sixth year in office amid flattening state revenue and a looming business tax break caused by “significant legal risk,” Lee is pushing a $141 million voucher plan for up to 20,000 students to go to private schools, this time without as many requirements to qualify financially. The details for his bill haven’t quite tumbled out completely, but he continued the sales pitch Monday night in the State of the State address.

Less than half of the crowd stood and cheered as Lee introduced his proposal, and people jeered from the balconies, even as the governor said he wants to avoid the “status quo.”

“There are thousands of parents in this state who know their student would thrive in a different setting, but the financial barrier is simply too high,” Lee said during his annual address Monday. “It’s time that we change that. It’s time that parents get to decide — and not the government — where their child goes to school and what they learn … 2024 is the year to make school choice a reality for every Tennessee family.”

In his pitch, the governor also maintains the argument that the state has put an “unprecedented focus” on public schools and he noted Monday the two ideas “are not in conflict.”

The state’s revenues are 46 percent higher than they were four years ago, increasing to $19 billion from about $11 billion. The state is weaning itself off the flow of federal funding that came down during the COVID-19 pandemic.

Yet Lee is pushing for a franchise tax rebate of $1.2 billion and $400 million reductions for the next few years after 80 companies balked at paying the property portion of the state’s franchise tax.

Even though some financial experts have said the state could fight big business efforts to reduce the tax, the Lee Administration and Attorney General Jonathan Skrmetti’s office recommended the refunds and reduction because of “significant legal risk.” Officials say no lawsuit is pending.

Democrats criticized the governor’s proposals, saying Tennesseans are being told they should support a “scam” to defund public schools and give large corporations another tax break. No sales tax holiday is scheduled for the coming fiscal year that starts July 1 after the state gave a three-month break from the grocery sales tax last fall.

They point out Lee contends Tennessee is among the nation’s leaders in low taxes and several other financial categories, yet the state is seeing rural hospitals close and money diverted that could go to public schools.

“We ain’t leading nothing when we’re leaving so many people behind.”

Sen. London Lamar (D-Memphis)

“We ain’t leading nothing when we’re leaving so many people behind,” said Senate Minority Caucus Chairman London Lamar of Memphis.

Lamar said the franchise tax break will cost the state $8.3 billion over a decade while the private-school voucher plan will take $800 million in its second year when it could become available to every student. She noted companies will be getting a “fat check” while hourly workers will receive no tax breaks.

Democrats point toward increases in gun violence amid softer gun laws and personal bankruptcies that forced working families to struggle while wealthy business owners receive treatment with kid gloves.

Besides his private-school voucher move, Gov. Lee is proposing legislation to stop the theft of musicians’ voices through AI, calling it the Elvis Act.

He also plans to introduce legislation dealing with the protection of young people from social media. The measure would enable parents to oversee their children’s use of the Internet by requiring new social media accounts.

In addition, Lee said he plans to make hundreds of rule changes and cut permitting regulations to streamline government but gave no details.

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.

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GOP Lawmaker Mulls Path for TN Medicaid Expansion

State Capitol (Credit: Tennessee State Government)

Outgoing Republican Representative Sam Whitson is mulling a reversal of state law requiring the governor to gain approval from the legislature before expanding Medicaid.

Whitson, a Franklin lawmaker who recently announced he will not seek re-election in 2024, said Tuesday he’s been considering such a measure for two years with Tennessee forgoing billions in federal funding that could enable the working poor to obtain insurance coverage. He has not filed a bill yet.

The amount Tennessee is losing ballooned from about $1 billion in 2014 to $2.1 billion this year, according to healthinsurance.org.

“We should give the governor the opportunity to explore options,” Whitson told the Tennessee Lookout. “I’m not saying we need to do Medicaid expansion. I just think that was a restrictive bill done for purely political reasons to enhance Kelsey’s and Durham’s political future.”

Former Sen. Brian Kelsey, who pleaded guilty to federal campaign finance fraud but is fighting to reverse the plea, and former Rep. Jeremy Durham, who was expelled from the House in 2016 for 22 cases of sexual misconduct, passed the resolution in 2014 requiring legislative approval of a plan that former Gov. Bill Haslam was negotiating with the federal government.

Haslam’s Insure Tennessee proposal would have expanded TennCare coverage to some 250,000 uninsured and underinsured Tennesseans, giving them the opportunity to obtain health insurance through private providers, in some cases through a small premium.

Even though the legislature directed Haslam to come up with a plan, a Senate health committee rejected it on a 7-4 vote, stopping it from reaching the House or Senate floor.

Whitson, a member of the House Health Committee, said he is talking to colleagues to see if changing the state law has “traction.”

“We leave a lot of money on the table with that. I’m a big supporter of helping the working poor, people who work and try to make a living and are caught in that gap,” Whitson said.

Tennessee is believed to have more than 300,000 uninsured and underinsured people in a gap between TennCare and Affordable Care Act coverage.

Gov. Bill Lee has refused to take up the matter, consistently saying since his first election five years ago he believes the Affordable Care Act, through which 40 states expanded Medicaid, is “fundamentally flawed.” Since then, Tennessee has lost billions annually to other states.

Democratic Rep. Caleb Hemmer of Nashville, a House Health Committee member who penned an op-ed on the matter, pointed out 70 percent of Tennesseans said in a recent Vanderbilt poll they back Medicaid expansion. He favors a change in the law that restricts the governor’s ability to negotiate with the feds and set policy for Medicaid expansion.

“It’s a pathway,” Hemmer said of Whitson’s idea. “I’m a little concerned our governor wouldn’t do it even if we did pass the law, based on his prior comments.”

Studies show the state could widen coverage to 150,000 to 300,000 and save money, in addition to reducing medical bankruptcies, expanding mental health resources and preventing rural hospital closings, according to Hemmer.

We leave a lot of money on the table with that. I’m a big supporter of helping the working poor, people who work and try to make a living and are caught in that gap.

– Rep. Sam Whitson, R-Franklin

He pointed out the Affordable Care Act passed “a generation ago” and “the world has moved on” to other topics. In addition, Tennessee has a federal Medicaid waiver that gives the state flexibility to use TennCare savings to provide more services.

Lawmakers such as Republican Rep. Kelly Keisling of Byrdstown, who represents one of the state’s most rural districts, back Medicaid expansion but can’t find enough support within the Republican Caucus to push it to passage.

Gaining enough votes would be difficult, mainly because Obamacare and the resulting Medicaid expansion became a national political hotpoint a decade ago. Rejection of Haslam’s plan led to yearly protests at the Capitol, but Republican lawmakers haven’t budged since then. 

House Health Committee Chairman Bryan Terry said in a short statement Tuesday “any Medicaid changes will have an impact on our budget; thus, should go through the legislative process.”

Haslam’s proposal was expected to cost the state $200 million, about 10 percent of the overall expense, which was to be paid by the Tennessee Hospital Association. 

Democratic Sen. Jeff Yarbro of Nashville and Democratic Rep. Larry Miller of Memphis sponsored a bill during the 2023 session removing the requirement for the legislature to approve a governor’s decision on Medicaid expansion. It didn’t move through the House or Senate committee systems.

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.

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Senate and House Redistricting Rulings Challenged at TN Supreme Court Level

Tennessee Senate leaders, including Lt. Gov. Randy McNally (top) and House Majority Leader Jack Johnson (second from right), photographed on Aug. 29, the final day of a special legislative session on public safety. (Photo: John Partipilo)

A Nashville resident is seeking an expedited ruling by the Tennessee Supreme Court after the state challenged a three-judge panel decision that found state Senate redistricting maps unconstitutional.

Simultaneously, a West Tennessee resident is appealing the judicial panel’s finding that the House redistricting plan approved in early 2022 withstood constitutional muster. The challenge by Trenton resident Gary Wygant also seeks an expedited ruling by the state’s highest court.

Attorneys for Francie Hunt, a Nashville resident and executive director of Tennessee Advocates for Planned Parenthood, filed a request Tuesday asking the court to move quickly in her case against the Senate redistricting map. Otherwise, if the appeal proceeds on its regular schedule, Tennessee voters will vote again in Senate districts the trial court has found twice to violate the Tennessee Constitution, according to the filing.

The state Attorney General’s main argument in the challenge of the judicial panel’s ruling is that Hunt doesn’t have standing to sue to overturn the Senate redistricting maps, which contain non-consecutive numbered Senate districts 17, 19, 20, and 21 in Davidson County, a violation of the state Constitution. Counties with multiple Senate districts are required to be consecutively numbered so the entire delegation or majority of the delegation can’t be replaced in one fell swoop.

Hunt resides in District 17, which is represented by Sen. Mark Pody, (R-Lebanon).

Attorney General Jonathan Skrmetti filed a motion Tuesday asking the court to reject Hunt’s request, arguing the Supreme Court is likely to reverse the lower court’s finding because she has no standing to sue.

“Absent a stay, the state will be irreparably harmed because it cannot enforce a duly enacted law and because the General Assembly must either abandon the Senate map that it drew or cede its sovereign map-drawing authority to the judiciary,” Skrmetti’s filing says.

There’s not really any dispute about whether the maps comply with the Constitution. They don’t.

– Sen. Jeff Yarbro, D-Nashville

Meanwhile, Wygant filed a notice of appeal November 29 and requested an expedited decision December 1. In addition, he asked the court to separate the House and Senate cases “to avoid subjecting” voters to a second election in Senate districts found to be unconstitutional. Wygant challenged the House map, claiming it split 30 counties, more than necessary to reapportion 99 House districts.

The state responded to Wygant’s filing Tuesday with a move to negate it, saying he has not shown “good cause” to suspend the normal schedule, especially since there is no need for “new map” because it was found constitutional.

Democrats contend controlling Republicans, who hold supermajorities in the House and Senate, gerrymandered the districts to keep control.

The three-judge panel ruled against Wygant and found the House redistricting maps constitutional but determined the Senate maps to be unconstitutional and ordered the Senate to draw new maps by January 31.

“There’s not really any dispute about whether the maps comply with the Constitution. They don’t,” state Sen. Jeff Yarbro (D-Nashville) said Tuesday. “We should pass maps that comply with the Constitution rather than seek to not be subject to it. The state shouldn’t be in the business of finding immunity from constitutional violations for itself.”

Gov. Bill Lee signed the Senate and House maps into law on February 6th, 2022, two months before the April 7 qualifying deadline for Senate candidates. On April 6, the trial court enjoined the Senate map and extended the candidate qualifying deadline to May 5, while giving the legislature 15 days to approve a remedial Senate map.

The state sought an extraordinary appeal the following day when a spokesperson said, “While Lt. Gov. [Randy] McNally remains confident the appeal will be successful, the Senate will work on an alternative map so that it can be passed in the allotted time frame, if it becomes necessary.”

At trial a year later, an expert testified that the constitutional problems with the Senate map could be “cured” by changing fewer than five Senate districts. The plaintiffs’ court filing contends the General Assembly can work on changes to a “remedial map” this December and January so it can be enacted by early February.

Chancellor Russell T. Perkins of Davidson County and Circuit Judge J. Michael Sharp of Bradley County ruled against the Senate map while Chancellor Steven W. Maroney of Jackson found Hunt didn’t have standing to sue because there is “no demonstrable causal connection” between Hunt’s “generalized grievances” and non-consecutive Senate districts in Davidson County.

Hunt testified during trial that she was affected by a “dishonoring of the Constitution” with the way Roe v. Wade was overturned as well as the enactment of a “trigger ban” by the legislature on abortion rights in Tennessee. 

McNally spokesman Adam Kleinheider said Tuesday the lieutenant governor is “optimistic” the state’s appeal will succeed because of Maroney’s “compelling dissent.”

“If a redraw becomes necessary, the Senate will follow an open and transparent process similar to those in previous years. At the moment, however, the main focus is on the appeal,” he said.

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.

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State: More Property Appraisals Would Match Taxes to Market Values

(Credit: Dillon Kydd on Unsplash)

Tennessee Comptroller Jason Mumpower is pushing a plan to increase the frequency of county property reappraisals to more closely match market values and stop local governments from losing tax revenue.

Mumpower, who floated the idea in May, told the Tennessee Lookout he plans to introduce a bill in 2024 to speed up the reappraisal schedule statewide.

“It’s just something everybody recognizes needs to happen in such a dynamic and growing state,” Mumpower says.

With 83,000 people moving into the state last year, seventh highest nationally, the state is suffering from a housing shortage, which is driving up real estate prices, according to Mumpower.

Yet real property is appraised by country property assessor offices only once every four, five or six years, depending mainly on the size of the county. Mumpower wants to move that up to every two, three or four years, and he’s considering requesting larger counties such as Shelby, Davidson, Hamilton, Knox, Rutherford, Williamson, and Wilson go to a yearly reappraisal.

Because of the lag time between appraisals, governments often have to discount property taxes by applying a sales ratio dealing with appraisals versus market values, which led 38 counties to experience “extraordinary revenue loss,” according to Mumpower.

Another 36 counties will suffer the same type of revenue loss next year, he says, thus the need to speed up reappraisal cycles.

“It is a modern practice. It is the global standard,” Mumpower says. 

Local property assessor offices would be in a constant state of reappraisal, and equalization boards might have to go through more hearings for contested appraisals.

But Mumpower contends counties and the state have the technology for annual reappraisals.

Officials such as Davidson County Property Assessor Vivian Wilhoite and Rutherford County Property Assessor Rob Mitchell also support the proposal. 

Mitchell says Rutherford lost $11 million over the last two appraisal cycles because market values outstripped property appraisals by such a wide margin.

An appraisal or sales ratio has to be applied in cases where a property is appraised at $300,000, for instance, but sells in a growing economy at $400,000 within two or three years before the property is appraised again. 

Wilhoite, a Metro Nashville mayor candidate this year and a former appraiser for the Tennessee Regulatory Commission, points out the state already does annual reappraisals on personal property, and she believes frequent appraisals will help property owners.

“Taxpayers won’t get that sticker shock,” Wilhoite says.

The Comptroller has an Office of State Assessed Properties, which reappraises some commercial, utility, and transportation properties annually.

Mumpower presented the plan to the Tennessee County Services Association, the Tennessee County Mayors Association, the Tennessee Municipal League, and the Tennessee Assessors Association and the Government Finance Officers Association and says it is “heralded” as a good idea from a “fairness” standpoint for taxpayers and local governments.

“There are tax dollars generated off of growth,” Mitchell says, but he notes county commissions still wind up missing out on revenue increases because of the way sales ratios are applied.

If appraisals are done every two years, the law doesn’t require the use of an appraisal or sales ratio, according to Mitchell.

In addition, assessors say disabled, elderly, and veteran property owners who receive property appraisal reductions will benefit from the proposal.

The Beacon Center, a libertarian group, issued a statement Monday saying it agrees with Mumpower that property taxes and housing costs “are becoming a larger issue in Tennessee,” though it contends the state has bigger problems with taxation.

“The timing of reassessments doesn’t change the underlying issues with property taxes,” Ron Shultis of the Beacon Center says in a statement. “Policymakers should create property tax caps across the board to give property owners protection from large unexpected tax hikes, as we are one of only four states without one. More frequent reassessments without a cap would make it easier for local governments to collect a windfall due to the truth in taxation law, as evidenced by what occurred recently in Nashville.”

The Beacon Center points to the 34 percent property tax increase in Metro Nashville four years ago, followed by a reappraisal when property values increased across Davidson County.

In April 2021, now-former Mayor John Cooper claimed the tax increase would be “reversed” because property reappraisals would show values increased countywide. Several Metro Council members disagreed with the mayor, saying his comments were misleading.

Under state law, counties are prohibited from having a tax revenue windfall from increases in property reappraisals. A certified tax rate from the state that equalizes revenues must be sent to counties following reappraisals, then the county’s governing body sets a new rate.

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.

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Camper Blasts GOP Letter Backing Pentagon Delays On Abortion

House Minority Leader Karen Camper of Memphis, photographed on Aug. 21, 2023. (Photo: John Partipilo)

Tennessee House Minority Leader Karen Camper (D-Memphis) is criticizing state Rep. John Ragan’s (R-Oak Ridge) letter backing delays in key military appointments until the Pentagon relents on abortion policy.

Camper, who is also a Memphis mayoral candidate, issued a statement Monday saying she is “shocked by the level of vitriol and carelessness for the men and women in uniform expressed” in the letter by Ragan, an Oak Ridge Republican.

Ragan’s letter to U.S. Senators Bill Hagerty and Marsha Blackburn, both Republicans, urges them to support Senator Tommy Tuberville in blocking appointments to top military leadership posts and also asks them to “remove wokeness” from the military.

Camper, a retired intelligence officer from the U.S. Army, contends it is “outrageous” for Ragan, a retired Air Force fighter pilot, to “insert his personal beliefs” into Pentagon policies.

I am shocked by the level of vitriol and carelessness for the men and women in uniform expressed in this letter. As a woman, as a veteran, and as a member of this General Assembly for many years, I have seen harmful and dangerous political posturing, but this is beyond the pale.

– Karen Camper, Tennessee House Miniority Leader

Ragan’s letter, sent on September 11th, backs elimination of military funding for travel and expenses for military members to obtain abortions and uses the Tennessee Constitution as support, as well as the U.S. Supreme Court decision in Dobbs to let states decide abortion care. The General Assembly outlawed abortion services, making only a narrow exception this year to deal with the health of the mother in dangerous pregnancies.

Ragan argues in his letter that military members “resent” their tax dollars going toward elective abortions “in violation of their personal religious beliefs” and anecdotally calls the Pentagon’s “arrogant directive” another form of a “worthless woke-ism.”

In addition, he claims service members perceive the military policy as part of “woke” ultimatums, such as on-base “drag queen” shows and story hours, accommodations for “transexuals,” despite religious objections, saying they are among the “onerous demands that waste resources, cripple morale, and hurt readiness.”

Camper, however, points out that Tuberville, a former football coach who has no military experience, is jeopardizing the nation’s security and military preparedness by refusing to allow nearly 300 positions to be filled, including the Marine Corps commandant position.

“Our military is at an all-time low level for recruitment. Our young people are not choosing the military as a career. It has nothing to do with ‘wokeness,’” she said in her statement.

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.

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Special Session Day 4: House-Senate Impasse Continues as Senators Adjourn Until Monday

Members of the Tennessee Senate on Aug. 24, 2023. (Photo: John Partipilo)

Neither the House nor the Senate would budge Thursday, forcing a “standoff” to continue until next week as lawmakers try to negotiate an end to Gov. Bill Lee’s special session.

Senators approved four bills requested by Lee, including a $30 million spending measure, then adjourned until Monday at 4 p.m.

Meanwhile, in the House, lawmakers went forward with nine of the 26 requested bills, including a $150 million budget package. They adjourned Thursday evening, with plans to return Monday and finish the rest of their agenda. 

Thursday marked day four of Lee’s special session and another in which Senate and House Republican leaders’ infighting ruled the day. 

In a move designed as a statement, the House refused to pass any Senate Joint Resolutions, except for one sponsored by Lt. Gov. Randy McNally, R-Oak Ridge, and two by Senate Minority Leader Ramuesh Akbari, D-Memphis.

The Senate remained defiant, and did not reopen committees to consider more legislation from the House.

Senate Trying to Wait Out the House

Senate Judiciary Chairman Todd Gardenhire, R-Chattanooga, said his committee would not reopen to consider any other bills. Finance Chairman Bo Watson took a similar approach, saying his committee passed most of the bills sought by the governor and did not feel inclined to take up anything else, especially with the state suddenly facing a financial pinch. Revenues have come in shorter than expected for three straight months, leaving a $380 million hole in the budget.

As the standoff continues, Senate Minority Leader Akbari of Memphis called the special legislative a series of “missed opportunities.”

Lt. Gov. Randy McNally pointed out the Senate approved the governor’s bills and noted “there’s not a deal with the House.”

“I think it just depends on what they pass,” he said. “We’ve sent them four bills and they might amend those.”

Senators approved a gun-storage bill costing about $1.6 million annually for sales-tax breaks on gun safes and gun locks, in addition to a gun-lock giveaway program; a measure requiring the Tennessee Bureau of Investigation to make a yearly report on human trafficking, the first by Dec. 1; and a bill codifying the governor’s executive order to improve background checks for gun purchases. It requires court clerks to send notice of felony convictions to the TBI within three business days rather than 30 days.

Among the House bills approved Thursday was legislation sponsored by House Majority Leader William Lamberth, R-Portland, that would shield autopsy records of children killed in violent crimes from public records requests.

Several Covenant parents have advocated for the legislation, but there appeared to be confusion about how the bill would work. Parents suggested the bill would prevent the media from publishing the autopsies from this year’s shooting, but the records have already been obtained by several news organizations, with all declining to publish the images so far.

House Speaker Cameron Sexton’s measure to allow for blended sentences for juveniles that would send 16- and 17-year-olds to adult court for gun-related crimes, mainly firearm thefts, was not heard Thursday but is expected to be Monday. Senators appeared opposed to both pieces of legislation.

Underlying most of the conversations in the House was acceptance among protesters and Democrats that Lee’s call was so tight that it wouldn’t allow most gun control-related bills to be considered.

Akbari said she hoped for stronger legislation to curtail mass shootings but noted Thursday her prediction was correct that this would be a session of “missed opportunities and misdirection.”

“We had the opportunity to really do some good things around gun safety to keep guns off our streets that shouldn’t be there, and the call of the session was incredibly limited,” Akbari said.

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.

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Special Session Day 2: GOP Clips 52 Bills, Considers Three

Mothers of Covenant School children sob after being kicked out of a House Committee hearing for holding 8.5-x 11-inch pieces of paper with messages. (Photo: John Partipilo)

The Senate Judiciary Committee turned into the Grim Reaper Tuesday, killing a long list of bills designed to respond to the Covenant School mass shooting while allowing only three to pass — setting the tone for the rest of the special session.

The panel’s decision to table 52 other bills, many dealing with juvenile justice, red-flag proposals, and mental-health reporting requirements are effectively dead for the session, according to Judiciary Committee Chairman Todd Gardenhire.

Measures that passed — and could be the only ones that become law this session — came from Gov. Bill Lee’s office: Senate Bill 7085 dealing with safe storage of weapons and allowing sales tax breaks on safes and gunlocks; SB 7086 codifying the governor’s executive order on gun background checks, which requires court clerks to notify the Tennessee Bureau of Investigation about felony convictions within three business days instead of 30; and SB7088, requiring the TBI to make an annual report on human trafficking.

This seems clearly orchestrated to do the absolute bare minimum, and it’s clear that the Legislature isn’t in a position to take gun safety seriously right now, and it’s damn depressing.

– Sen. Jeff Yarbro, D-Nashville

The full Senate could take a vote on them Wednesday or Thursday. 

House bills that weren’t considered Thursday won’t be taken up by the Senate Judiciary and won’t be sent to the Senate floor, according to Gardenhire.

“The House is the House and the Senate is the Senate,” he said.

Sen. Jeff Yarbro, a Nashville Democrat, said afterward the meeting had been carefully plotted.

“This seems clearly orchestrated to do the absolute bare minimum, and it’s clear that the Legislature isn’t in a position to take gun safety seriously right now, and it’s damn depressing,” Yarbro said.

Asked about that comment, Gardenhire said, “Sen. Yarbro is always welcome to his conspiracy theories, and I’ll let him speak for himself.”

The Chattanooga Republican said the other bills on Tuesday’s calendar deserved a “proper hearing,” which would have required more time than is being allowed in this week’s special session.

Earlier in the day, Bishop Aaron Marble, who led a group of ministers at the legislative office building Tuesday, expressed disappointment in the legislature’s actions but maintained some semblance of hope.

“We’re committed to understanding that the road to justice and freedom is a long one,” Marble said.

He pointed out “common sense” is being ignored and defeated, but he said the small number of bills likely to pass could help lead to a coalition that could put pressure on lawmakers.

A Senate Commerce and Insurance Committee meeting Tuesday morning wound up being a harbinger of things to come when it tabled a bill designed to require TennCare to cover mental health treatment the same way it would handle drug and alcohol abuse.

Committee Chairman Paul Bailey wrapped up the meeting in less than a minute as the bill’s sponsor, Sen. Shane Reeves, R-Murfreesboro, requested the matter be postponed until January 2024.

Reeves said afterward the “complex” bill needs more work.

“We’re trying to do what we normally do in four months in four days, and this bill deserves a little more than a quick discussion today,” Reeves said.

Senate Minority Chairman Raumesh Akbari said she had hoped the legislature would do more than postpone bills until next year, considering the sacrifices lawmakers made to prepare for the special session.

“I don’t know if this is the beginning of things to come, but again I want us to do what the people sent us here to do,” said Akbari, a Memphis Democrat.

Democrats have been calling for restrictions on military-style weapons since the school shooter used an AR-15 to kill six people; tighter background checks on gun purchases; a red-flag law to enable confiscation of guns from mentally unstable people; and a gun storage requirement.

Bailey, chairman of the Commerce and Insurance Committee, pointed out his panel takes up “complex” bills that require “full consideration and due diligence.” He could not speak to whether his committee’s action would be indicative of other committees, and he pointed out Reeves’ bill is not dead, even though the sponsor said he plans to bring it back in 2024.

In a mid-day press conference, Rep. Harold Love, D-Nashville, pointed out the Legislature wouldn’t have been called to a special session if not for the shooting that claimed six lives at the Covenant School in Green Hills. He was disappointed that lawmakers are “milling around” in the halls for three or four days and passing only a handful of bills that could have been taken up in January.

Covenant Families Action Fund, a group made up of parents and family members from the school, issued a statement Tuesday saying it supports secure storage of guns, including a provision to give away gun locks, as well as tax exemptions.

“We still have a ways to go today,” said David Teague, father of a Covenant student. “We want to encourage sane and reasonable people to engage in the political process by voting in primaries, seeking office, and supporting those who want to focus on solutions, and not foster anger and division.”

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.

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Juvenile Crime Changes Could Spark Uproar In Upcoming Special Session

Photo: John Partipilo

Juvenile justice might not have a connection to the shooting deaths at Nashville’s Covenant School, but potential bills could cause a furor next week in the Legislature’s special session — if lawmakers haven’t gotten cold feet already.

Gov. Bill Lee’s official call for the session covers a variety of topics ranging from school safety plans to reports on violent threats. One likely to create contention, though, would allow the transfer of juveniles 16 and older to adult courts for prosecution. It would include the right of appeal for the juvenile and prosecutors. 

Another proposal would limit the circumstances in which juvenile records could be expunged, and one would set up “blended” sentencing for juveniles, a situation in which an underage offender could receive juvenile and adult sentences simultaneously.

Even though Lee included them in his official call, he isn’t pushing measures related to juvenile justice. Instead, those were sought by Republican lawmakers, who had not filed any related bills by Tuesday afternoon.

We have juveniles committing armed carjackings, robberies and thefts multiple times, and they are out with no bail within hours of their arrest, only to re-offend before law enforcement can get back into their patrol cars. The revolving door is real.

– Doug Kufner, spokesman for House Speaker Cameron Sexton

House Speaker Cameron Sexton is one of the leaders in supporting juvenile transfers to adult court, in addition to blended sentencing, saying “current soft sentencing isn’t working,” according to spokesman Doug Kufner. He noted Sexton agrees with Memphis Mayor Jim Strickland, who has said the city is experiencing a juvenile justice problem.

“We have juveniles committing armed carjackings, robberies and thefts multiple times, and they are out with no bail within hours of their arrest, only to re-offend before law enforcement can get back into their patrol cars. The revolving door is real,” Kufner said on behalf of Sexton.

He pointed out the transfer of juveniles to adult court for crimes such as murder is not automatic and said that needs to change, too.

Lt. Gov. Randy McNally isn’t quite as adamant as Sexton, even though a spokesman said he has “consistently expressed concern” about juvenile crime increases in the state.

“Criminal gangs are known to use juveniles to do serious crimes knowing they will be unlikely to receive any real punishment. Lt. Gov. McNally supports Gov. Lee including this in the call and looks forward to reviewing legislation filed on the subject,” spokesman Adam Kleinheider said.

Yet the path to passage isn’t clear.

Housing juveniles in adult prisons and jails isn’t permitted in Tennessee, even if they’re held separately, and building new facilities is expected to be expensive, likely drawing opposition from budget hawks in the House and Senate. 

The other question is whether the Legislature is prepared to rewrite a large section of its juvenile justice laws in the short time frame of a special session intended to deal mainly with school shootings.

Lee faced criticism last week from proponents of gun-law reform, when his official call for the session contained no provisions for stricter firearms laws after three adults and three 9-year-olds were killed by a 28-year-old former student in the March attack at the small Christian school in Green Hills.

Democrats are urging Lee to back a ban on military-style weapons such as AR-15s, tougher background checks for weapon purchases and a “red-flag” law to keep unstable people from possessing guns. 

We’re punishing teenagers, which nine times out of 10 they’re probably going to be African American. So you’re going to punish people more rather than be preventative.

– Rep. Vincent Dixie, D-Nashville

None of those are expected to pass the Republican-controlled Legislature, even though 82 percent of Tennesseans support the governor’s executive order on gun background checks and 75 percent back a red-flag law for gun possession, according to the Vanderbilt Poll.

Rep. Vincent Dixie, a Nashville Democrat, says proposals such as moving juveniles to adult court are a result of Republicans’ “failed policies.” 

Dixie contends Lee’s permit-less carry law and other lax gun regulations, including one allowing people to leave weapons in vehicles, allow teens more opportunities to steal guns. The numbers of gun thefts from vehicles in Nashville and Memphis over the last decade have skyrocketed.

“We’re punishing teenagers, which nine times out of 10 they’re probably going to be African American. So you’re going to punish people more rather than be preventative,” Dixie said. House Majority Leader William Lamberth. (Photo: John Partipilo)

House Majority Leader William Lamberth filed bills this week mandating DNA testing on all felony arrests; TennCare coverage for mental health treatment; requiring all schools to set policies for responding to an active shooter situation; allowing orders of protection to be expanded to lifetime orders in cases of aggravated stalking and especially aggravated stalking; requiring law enforcement notification when a mental health facility releases a patient; and specifying that autopsy reports and medical examiner reports on victims of violent crimes are not public records. He also filed what appears to be a place-holder bill for court operations, which would be amended with the full language.

House Republican Caucus spokesperson Jennifer Easton said Tuesday that Lamberth would not be sponsoring bills dealing with juvenile justice.

Senate Majority Leader Jack Johnson hasn’t been asked to sponsor any bills related to juvenile justice.

In contrast, Rep. Antonio Parkinson filed bills Tuesday to increase penalties for adults who coerce minors into stealing guns for them and to make an adult who transfers a weapon to a minor responsible for any resulting mass violence or threat of mass violence using that weapon.

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.

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Governor Promises to Make Special Session Call, Sponsor Bills Amid GOP Opposition

“I will not be the sponsor,” said Senate Majority Leader Jack Johnson of any measures proposed by Gov. Bill Lee to pass an extreme order of protection. (Photo: John Partipilo)

Still facing challenges from Republican leaders, Gov. Bill Lee confirmed he will make an official call for a special session and sponsor several bills, including one he floated this spring dealing with extreme risk orders of protection (ERPO).

Yet just four months after a mass shooting at The Covenant School in Green Hills [in Nashville], Lee is hitting roadblocks set up by his own party and Senate Majority Leader Jack Johnson, who continues to say he will not support the governor’s order of protection bill.

Lee said recently he also plans to push legislation on juvenile justice, mental health, and violent crime and noted that lawmakers will back dozens of bills during the special session. He declined to give more details.

“Tennessee will be a safer state as a result of the efforts of the legislation and the legislators who are engaged in the process of this special session on public safety,” Lee said.

Johnson, who typically sponsors the governor’s bills as a result of his leadership position, reiterated his stance this week against Lee’s proposed extreme order of protection plan, even though it contains a provision for due process before an unstable person’s guns can be taken. Johnson said in a statement he does not support “red flag laws” and never has. The governor has shied away from the term “red flag law.”

“Should the governor choose to introduce an ERPO during special session, I will not be the sponsor,” Johnson said, responding to questions from the Tennessee Lookout. “Because the special session, itself, is controversial and lacks support in the Senate, this is a unique circumstance. Once the governor’s other proposals are finalized, I will review each one and consult with my Senate colleagues prior to agreeing to sponsor any administration bills.”

“I will not be the sponsor,” said Senate Majority Leader Jack Johnson of any measures proposed by Gov. Bill Lee to pass an extreme order of protection. (Photo: John Partipilo)

Similarly, House Speaker Cameron Sexton told the Tennessee Firearms Association last week he doesn’t think the governor’s extreme risk protection orders will make it out of committee system, though he believes bills could pass dealing with emergency commitals and “mass threats” directed at groups and locations, in addition to improving the state’s background check system for gun purchases.

Even though key Republican lawmakers have said they won’t back most gun control measures, Lee said he’s met dozens of times with more than a hundred Republican and Democratic lawmakers, in addition to pastors, students, parents, and business leaders in advance of the special session. 

The governor reportedly created a bipartisan working group that includes Democratic Sen. Raumesh Akbari and Democratic Reps. Bob Freeman and Antonio Parkinson.

Lee also said he’s confident “substantive” legislation will pass, despite statements by legislative leaders that gun-related bills will not be approved.

The Governor’s Office will keep a public comment portal open until the start of the planned August 21st special session. Thousands of responses the office has received are considered public records.

Sen. Ferrell Haile also confirmed Tuesday he plans to sponsor a bill during the special session dealing with mental health and violence. The bill’s language is not complete, but he said it is critical to note that not all mentally ill people are violent and not all violent people are mentally ill. 

“They’re just evil, full of hate,” he said of the latter group.

Meanwhile, Democrats started a series of town hall meetings Tuesday they plan to hold across the state to increase support for tighter gun laws leading up to the special session. The first was in Memphis.

Tennessee will be a safer state as a result of the efforts of the legislation and the legislators who are engaged in the process of this special session on public safety.

– Gov. Bill Lee

“Gun violence is a personal issue to the families who are impacted by this,” state Rep. John Ray Clemmons said Monday. “We want and we need to have personal conversations in their own communities.”

State Sen. Charlane Oliver, who prayed with a group of Covenant School families Monday, noted that guns are the leading cause of child deaths in Tennessee, which has some of the worst gun violence ratings in the nation. She pointed out the statistics show nothing new.

“What is new is the opportunity to turn tragedy into policy action,” Oliver said.

She urged fellow lawmakers to “have the courage not to cower” to the Tennessee Firearms Association and National Rifle Association and pointed out that Gov. Lee could sign “landmark” legislation as a result of the special session.

State Sen. Todd Gardenhire, a Chattanooga Republican, recently said he felt a group of Covenant School parents who formed nonprofit entities to work toward stricter gun laws were hypocritical and questioned why they didn’t take action when Black children in Chattanooga and Memphis were “slaughtered.”

Asked about that statement Monday, Oliver said, “Where was he? That’s the question. Where was he when little Black kids were getting slaughtered in Memphis, in Nashville, in Chattanooga?”

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.