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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 3: Senate Aims to End Session With Just Three Bills, Judge Strikes GOP Sign Law

State Capitol (Photo: Tennessee State Government)

State lawmakers will likely end up passing only three bills (of the more than nearly 200 filed) as the Tennessee General Assembly’s special session seems set to wrap on Thursday. 

The substance of the special session on public safety continued to collapse Wednesday morning as Senate Republicans tabled 21 bills in about a minute. This came after similarly cutting 52 bills on Tuesday, setting the total number of Senate bills that could be voted on to three.  

Those bills all came from Tennessee Gov. Bill Lee. One provides free gun locks to Tennessee residents, mandates a safety course on safe gun storage, and exempts gun safes and safety devices from sales taxes. Another sets into law Lee’s executive order from April that tightens up background checks for the sale of firearms in the state. The last requires the Tennessee Bureau of Intelligence to file an annual report on human trafficking. 

One final bill just sets aside the money from state coffers to pay for the legislative costs of the special session. That cost? It’s $58,000 per day, or $232,000 for the four-day run. State leaders said Wednesday they could not detail ancillary costs of the session, such as paying for the increased security around the Capitol by the Tennessee Highway Patrol.

House leaders were 30 minutes into a meeting of the State Government Committee Wednesday morning when a Senate leader effectively made moot discussions on bills that would continue the rest of the day on the House side. 

Moments after the Senate Education Committee was gaveled in at 8:30 a.m., Sen. Jon Lundberg (R-Bristol) moved to table the 21 bills — from Republicans and Democrats — on the committee’s agenda. With no other information about the move at all, the committee adjourned. The Senate GOP supermajority, it seemed, had finished its work and was ready to head home.

House Republicans weren’t happy. 

“Congratulations @tnsenategop on receiving the 2023 Ostrich Egg!” read a post on X (formerly Twitter) from the Tennessee House Republicans Tuesday afternoon. “It must be egghausting sending so many bills to [the general subcommittee, meaning no action taken during committee] instead of doing the work people sent us here to do.”

Credit: Tennessee House Republicans via X [This post has since been deleted.]

And a great many weren’t happy with that posting. Rep. Jeremy Faison, the apparent author of the post, apologized to members Wednesday morning. The post was deleted.

“Members, I have offended you with my actions yesterday and I want to offer you my sincerest apologies,” he wrote to fellow GOP members. “My only intention was to provide some levity while we are dealing with some very serious matters. It was not funny at all.”

Even Sen. Paul Bailey [the lawmaker who wanted to hang those set for executions here “from a tree”] wrote “You should be apologizing to the moms that were unjustly removed!”

To some, the Senate’s move to table so many bills seemed orchestrated, a continuation of Tuesday’s playbook.   

“Now the House GOP is trying to blame Senate GOP for how this special session is playing out?” posted Rep. John Ray Clemmons [D-Nashville]. “Do they honestly think Tennesseans fail to realize that this whole taxpayer funded charade of nothingness and harm was jointly (albeit clumsily) scripted from start to finish?”

Tuesday’s Senate floor session had Lt. Gov. Randy McNally curiously chiding one Senator that “if you don’t follow the script, then we have to follow the rules.”

But the House plowed on with committees Wednesday, even though many of their bills would never make to the floor nor immediately into law.

Public sentiment got an early-morning win after a Davidson County judge ruled against GOP rules that banned the public from holding signs during meetings. Protest signs and applause from audiences members had the House Civil Justice Committee chairman Rep. Lowell Russel [R-Vonore] to use state troopers to clear the entire room, including mothers of Covenant School children. 

That committee met again Wednesday morning, this time with another Representative — Rep. Andrew Farmer [R-Sevierville] chairing the meeting while Russell sat quietly to the side. Applause, boos, and jeers from the sign-holding crowd came easily. Farmer adroitly managed to get the legislative work done while tempering the crowd without raising their ire. 

However, Farmer did ask for troopers help after lawmakers approved a measure that would allow certain people (with enhanced gun permits) to carry guns on schools as a way to help secure them against possible mass shooters. The crowd erupted, shouting “their blood is on your hands!, “cowards,” “you can’t un-kill our kids!” and “shame on you.” Farmer recessed the meeting until order was restored, though he never asked troopers to clear the room. 

Senate leaders have tentatively set floor sessions for  9 a.m. and 2 p.m. Thursday. It is expected the session will wrap during one those.         

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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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Special Session Day 2: GOP Chairman Clears Public for Clapping, Blasted As “Embarrassing”

State Capitol (Photo: Tennessee State Government)

Applause angered a House sub-committee chairman Tuesday enough that he cleared the room of all members of the public — including mothers of Covenant School students — in a move one leading lawmaker called “petty” and “embarrassing.”

The meeting was one of the first to review legislation in Gov. Bill Lee’s special session on public safety that began Monday. The room was packed for the House Civil Justice Subcommittee hearing, with some in the audience holding protest signs and many wearing red shirts for the group Moms Demand Action for Gun Sense In America.

Before the meeting began, subcommittee chairman Rep. Lowell Russell (R-Vonore), a retired state trooper, issued a warning to those in the audience holding signs. Signs were banned during the special session under rules approved by the House Republican supermajority Monday, even a standard letter-sized piece of paper with a statement written with a standard pen. 

“I’m still seeing signs,” Russell said before the meeting began. “If there’s an ongoing problem with these signs, we’ll just clear the room.”

Russell then singled out a member of the audience who, presumably, did not drop her sign. She was escorted — with hands on her body — by a Tennessee State Trooper who guided her past the front row, in front of the committee (to which she yelled something unintelligible on the stream of the meeting), and was taken from the room.

Tennessee State Government

A second young, female protestor was similarly sectored by troopers while she held her sign over her head. 

Tennessee State Government

With the removal done, Rep. Antonio Parkinson (D-Memphis) — the only Democrat on the panel — thanked “the moms in the rooms fighting for the lives of our children.” The statement was met with applause. 

Parkinson drew applause again later when he asked GOP lawmakers to at least hear ideas from Democrats after many of their bills died before even being reviewed. That applause frustrated Russell who stammered that “we’re trying to do business here…” 

When Parkinson said, “it won’t kill us to hear” ideas of Democrats, he drew applause again but Russell seemed to just carry on. However, he didn’t let it go. It chided him enough to issue his warning again a few minutes later. 

“Listen, please,” Russell began. “We’re going to conduct the state’s business or we’re going to clear the room, O.K.? That’s your last warning.”

Later in the hearing, Rep. Jody Barrett (R-Dickson) presented a bill that would have allowed those with an enhanced handgun carry permit to carry a handgun on school property. However, he said the bill was not yet ready for votes and asked for it to be removed from the calendar. This was met with yet another round of applause. Russell was done. 

“Now, are we going to quieten down and listen or are we going to sit there and clap?” Russell asked the audience members. But he immediately made up his mind. “All right, troopers, let’s go ahead and clear the room.”

Someone asked Russell if they could just remove the half of the crowd “causing trouble.” But Russell said that would be hard to determine and, again, told troopers to “clear the room.” Someone in the audience chided Russell yelling “what a strong man you are.” 

The room was cleared in about 10 minutes. Those in audience included Covenant School parents. Katy Dieckhaus, whose child was killed in April shooting, was present according to a tweet from Tennessee Lookout editor Holly McCall. 

WKRN reporter Chris O’Brien said Sarah Shoop Neumann, whose child was at the school during the shooting, was also there.   

Russell’s decision was blasted by Tennessee Democrats, including Sen. Heidi Campbell (D-Nashville). 

House Minority Leader Rep. Karen Camper (D-Memphis) said she was “appalled by what occurred” and issued a lengthy statement. 

“Citizens were removed from the room for sitting quietly, and then the entire room was cleared because some people clapped during the meeting. This is outrageous. I cannot believe how petty this was.  

“When the Covenant shooting occurred in March, members of this body poured out their hearts to the community and said they cared. Thousands of Tennesseans came to their house — the People’s House — to urge us to do something about senseless gun tragedies. They literally shouted for us to do something.  

“Now, months later, we are supposedly here to finally do something to protect our children in this state. And what happens? People are removed from the building that they own as they sit quietly and then clap softly for agreeing with a statement. 

“For a committee chairperson to use their position to banish grieving Tennesseans from the committee room is beyond the pale. This needs to be explained as to why people were removed and the room was cleared after citizens took to the time and effort to be present in their government. This is embarrassing.”

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Special Session Day 2: Reps. Pearson and Jones Get Icy Reception from Speaker Sexton

State Capitol (Photo: Tennessee State Government)

The Tennessee House of Representatives chamber was hot Tuesday but the vibe from the Speaker’s seat was icy cold at times, particularly when aimed at two-thirds of The Tennessee Three. 

The House returned to business Tuesday morning after officially gaveling in the special session on public safety late Monday afternoon. That session brought some contentious rules from Republican lawmakers that sought to limit protests and limited what lawmakers could and could not say. 

Back on the House floor Tuesday at 9 a.m., lawmakers organized the business of the session — what bills were assigned to committees and which legislators would comprise those committees. 

The road to the moment was violent and turbulent. A Nashville school shooting claimed the lives of three nine-year-old students and three adults. Police also shot and killed the shooter. Protestors swarmed the Capitol in April, begging and shaming lawmakers for action on gun reform. Tennessee Gov. Bill Lee promised a special session on gun violence that many of his own party did not support. Once called, busloads of protestors and gun-reform advocates piled into buses to Nashville, where they rallied, marched, chanted, and sang. 

While the moment in the House chamber Tuesday was serious, lawmakers are people, too. Discussing unfinished business, Rep. Joe Towns (D-Memphis) maybe took liberties with procedure and addressed an elephant in the room. 

“Look, I know Tennessee is not broke,” Towns began. “We’ve got plenty of money. Why is it so hot in this joint? This building is burning up.” 

To that, House Speaker Cameron Sexton (R-Crossville) said his office had been working with maintenance staff to get the air conditioning turned back on in the building. Towns reminded the Speaker that Tennessee is a right to work state and that “we need to fire somebody.” The light-hearted comment brought chuckles in the chamber. 

Rep. Justin Pearson (D-Memphis) did not get such a straight answer or warm reception from Sexton when he asked a similar question later in the floor session.

Pearson was sworn back in to his office Monday. That came after he and Rep. Justin Jones (D-Nashville) were expelled from the House earlier this year for a floor protest advocating gun reform. The national attention of the act brought heat to Sexton and the state GOP, and Jones and Pearson would continue to be a thorn in their sides. 

If this wasn’t enough to cool the relationship between Pearson and Sexton, consider that two weeks ago, Pearson flatly called Sexton a “racist” in a Memphis Flyer story. To say the least, an exchange between the two Tuesday was contentious.

“I know we were talking earlier about air conditioning and things like that, but we’ve had lots of people coming to the Capitol to protest, and have their voices heard in this extreme heat and in this weather, and the water fountains here at the at the Capitol seem to have been turned off or not working,” Pearson said to Sexton, asking for information. 

“That’s an inaccurate statement; that is not accurate,” Sexton said, quickly. “We’ve checked. That’s been a misrepresentation.” He, then, quickly moved on to recognize another lawmaker. 

Not satisfied with the answer, however, Pearson later asked Sexton to clarify what he meant about the water fountains. Sexton said to his knowledge the water fountains were never turned off. On its face, the exchange seems simple. But just under the surface were hints at, perhaps, some possible GOP conspiracy to make the Capitol uncomfortable for those seeking gun control. Sexton’s quick and icy demeanor on the question seemed to hint that he knew an accusation lurked beneath the question.  

Later, during an exchange with Jones, Sexton’s icy demeanor returned, this time showing him flex his legislative muscle with procedural rules on topics he seemingly wanted to avoid. 

“I’m still seeking an answer as to whether members who were stripped of committee [assignments] will be restored to their rightful committees that you removed them from on April 3rd,” Jones began. Sexton immediately gaveled down the question, saying “you’re out of order” before Jones finished speaking. 

Sexton moved on quickly but Jones asked why his question was out of order and why Sexton silenced his microphone. Instead of replying himself, Sexton let the House clerk explain to Jones that the body was on unfinished business and his question fell outside the scope of discussion. 

“So members can ask about the heat in the building, but I I can’t ask about committees [that] constituents sent me here to represent them on?” Jones asked. ”Is that that what you’re telling me?”

Sexton, again, dodged the question, allowing the clerk to explain again about rules, finally explaining that “the House Speaker makes rulings on what is in order and not in order.” Sexton quickly moved on to other business. 

If anything, the exchanges set the tone for what promises to be a turbulent session, even one so limited to a narrow slate of topics (that does not include gun reform). And it all happened before any real discussion began on the actual, meaty topics before the Tennessee General Assembly. 

Committees have been scheduled on both the House and Senate sides of the legislature. Many of them are set to get underway Wednesday. The House isn’t set to meet for floor votes until noon Thursday.

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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.

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Special Session on Gun Violence: What to Expect

State Capitol (Photo: Tennessee State Government)

While Monday officially begins a special session of the Tennessee General Assembly called in response to rising gun violence in the state, planning and posturing has set the tone for what reform skeptics have called “the special session on everything BUT guns.”   

Here’s a few things you should know to get ready for next week’s session:

Why is it happening?

Gov. Bill Lee promised to bring legislators back to Nashville this summer after he proposed rules (sometimes called “red flag” laws) that would temporarily take guns away those who could be a risk to themselves or others. Not a single member of his own party sponsored the bill in either they state House or Senate. 

Here was the basic thinking at the time:

Lawmakers high-tailed it out of Nashville in April, sprinting through a usually laborious effort to pass the state’s budget. Most was quiet after that. 

But about a month later, three GOP lawmakers — Rep. Bryan Richey (R-Maryville), Rep. Ed Butler (R-Rickman), and Rep. Todd Warner (R-Chapel Hill)  — called on Lee to cancel the session. They said his ”red flag” had no traction; called the session a “publicity stunt” that will gather the national media and “woke mob” to the Capitol that will “make the ‘Tennessee Three’ circus look like a dress rehearsal.”    

Nevertheless, Lee issued a call for the session earlier this month. 

What can and can’t be considered? 

Lee’s proclamation puts specific guardrails in place. Special sessions in the past have operated like mini-regular sessions, with lawmakers filing and considering bills on any topic they like. 

But Lee’s proclamation for the session is limited to 18 specific topics, most of them on mental health, crime prevention, and criminal sentencing. Only one of the 18 topics mentions firearms. But it is only designed to help encourage the safe storage of guns and does not include any new penalties for failing to safely store them. 

What is on the agenda so far?

So far, 47 bills have been filed on the House side and six on the Senate side. 

It’s already been widely reported that a great many of them deal with mental health (as a way to better connect people with help and, thus, maybe away from gun crimes), tougher sentencing for criminals, better information for law enforcement, and more. 

Some unique proposals, though, would have schools install special alarms for active shooters, another would establish a loan forgiveness program for psychiatrists, psychologists, and counselors, while another would shield gun owners from civil penalties if their gun was stolen from their car and used in a crime. 

Several bills filed by Rep. Anthony Davis (D-Nashville) would create tougher sentences for those who would stalk or commit a mass killing against those who preform abortions or gender-affirming care.

Many of the earliest bills filed for the session came from House Majority Leader Rep. William Lamberth (R-Portland), with most of them seemingly carried on behalf of the administration. However, another one of his bills, called the Child Victims’ Privacy Act, would make private “autopsy reports of minor children who are victims of violent crime.” 

“This information should never be used to further victimize and traumatize these families,” Lamberth tweeted Monday. 

But many criticized the bill, claiming to see through the bill’s surface and to what they said was actually a protection for gun makers. 

Some GOP members issued intent to file certain bills once the session began. Rep. Ferrell Haile (R-Gallatin) really summed up the slate of proposals in a statement last week.

“So much of the conversation about this special session has centered around guns, but inanimate objects are not the problem,” Haile said. ”Violent criminals are the problem.”

On Friday, state Democrats outlined a slate of bills they will file Monday. They include gun safety measures in defiance of the parameters set in place by Lee. 

“Our families want gun reform that saves lives by preventing future shootings and that’s exactly what we’re going to fight for in the special session,” said Senate Minority Leader Sen. Raumesh Akbari (D-Memphis). “We know the controlling party doesn’t want to address the elephant in the room, but the facts are undeniable: Easy access to firearms is killing our kids and loved ones more than ever. It’s time to protect our families.”

The legislative package, sponsored by Senate and House Democrats, includes universal background checks, a red flag law, safe storage requirements, and “repealing the disastrous ‘guns in trunks’ law,” and more.

How do Tennesseans feel ahead of the session?

The grassroots Rise and Shine TN organization, formed after the Covenant School shooting, combed through the more than 20,000 responses to Lee’s call for public comment ahead of the special session. 

The group’s review of the comments found that more than 83 percent of them favored gun safety laws. More than 3,600 comments supported bans or restrictions on assault weapons. More than 3,200 favored extreme risk protection orders. 

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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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GOP Senators Put Crime, Not Guns, At Center of Special Session

State Capitol (Photo: Tennessee State Government)

Tennessee Republican Senators promised to get tough on crime, not on guns, in Gov. Bill Lee’s special session, slated to begin next Monday. 

Lee promised such a session at the end of this year’s regular meeting of the Tennessee General Assembly, especially after his fellow GOP members failed to bring any gun reform measures before the House or Senate. Lee urged an expansion of an existing order of protection law to include mental health protections in domestic violence cases. Gun-friendly GOP members quickly deemed it a “red flag” law and promised not to bring any such law for review. 

Last week, Lee issued his official proclamation for the special session, which laid out his goals for the session (see a full list below). Much of Lee’s slate of bills focuses on mental health, but there’s no specific mention of any law on an expanded order of protection. 

GOP Senators set out their plans for the governor’s session Monday morning. Their ideas increase penalties for gun crimes, offer help to local law enforcement, and more. Speaker Pro Tempore Rep. Ferrell Haile (R-Gallatin) really summed up the slate of proposals in a Monday statement.

“So much of the conversation about this special session has centered around guns, but inanimate objects are not the problem,” Haile said. ”Violent criminals are the problem.”

Bills from two lawmakers who represent Shelby County (or parts of it) — Sen. Paul Rose (R-Covington) and Sen. Brent Taylor (R-Memphis) — increase penalties for a slate of gun crimes. 

Here’s what they propose: 

• Enhance the penalty to a Class C Felony for the offense of selling, offering to sell, loaning or transferring a firearm to a person knowing that the person is prohibited by law from owning or purchasing a firearm or ammunition

• Enhance the penalty to Class C felony for possession of a stolen firearm or ammunition

• Enhance the penalty to a Class B felony for domestic violence offenders in possession of a firearm or ammunition 

• Enhance the penalty to a Class C felony for possession of a firearm with obliterated or altered serial number

• Add possession of ammunition to the offense of unlawful possession of a firearm by a convicted felon

“Crime in Memphis is out of control, and this special session is an opportunity to look at how the state can help address crime and protect our citizens,” said Taylor. 

Haile’s proposal would increase the penalty for threatening mass violence from a misdemeanor to a felony.

”This legislation does not go after inanimate objects,” Haile said. “Instead, it goes after criminals who intend to do significant harm to a group of other people, regardless of if the violence could be committed with a firearm, vehicle, bomb, or other weapon.”

Sen. Page Walley (R-Savannah) wants to allow law enforcement and courts to be notified when “a patient who lives in their community is involuntarily committed or released from a psychiatric institution.” 

“Currently the way the law is written, mental health institutions only alert law enforcement about involuntary commitments in the jurisdiction of the institution,” said Walley. “However, if the patient lives in a different county than the location of the mental health facility, then law enforcement in the patient’s county is uninformed.”

Walley is also proposing a five-year mandatory minimum sentence for using a firearm in a crime. Unlike federal law, Walley said, Tennessee has no mandatory minimum for such a crime. 

Here’s a full list of Gov. Lee’s proposed laws for the upcoming special session: 

• Codification of EO 100 and Tennessee Bureau of Investigation (TBI) Report Implementation: Requires reporting of accurate, complete, and timely records from court clerks to the TBI within 72-hours and requires electronic submissions of dispositions and expungements to the TBI

• TennCare Mental Health Coverage Waiver: Directs TennCare to seek a waiver from the federal government to allow federal matching funds for Medicaid to cover services for mental illness and substance use disorders at institutions of mental diseases

• Addressing Mental Health Workforce Challenges: Budget initiatives that prioritize opportunities to grow and retain mental health professionals in the state

• Reforms for Mental Health: Expand access to mental health treatment by eliminating certain collaborative practice requirements for Advanced Registered Practice Nurses with psychiatric training

• Strengthening the Identification of Individuals Arrested for Felonies: Provides for the collection of DNA at the time of an arrest for all felonies

• Human Trafficking Report: Resolution directing TBI to report on the state of human trafficking in Tennessee

• Promoting Safe Storage: Eliminates taxes on firearm safes and safety devices, provides free gun locks, expands safe storage training in state-approved safety courses, and creates a public service announcement to promote safe storage

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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.