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School Voucher Bill Poised for Passage as Special Session Set to Wrap

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Gov. Bill Lee’s private school voucher bill on Wednesday cleared the committee level in a special legislative session, setting the stage for votes this week by the full House and Senate.

As expected, the bill sailed Tuesday through education panels stacked with lawmakers who support policies that provide taxpayer funding to families to pay toward private education services.

The bigger test came later in finance committees, where a similar voucher bill bogged down last spring over disagreements within the Republican supermajority. It passed easily there too, with only a few GOP members from rural areas in opposition.

Lee’s Education Freedom Act, his signature education proposal, is scheduled to be debated Thursday by both full chambers, where the votes are expected to be tighter.

If it passes, the initiative would mark a major change in K-12 education in Tennessee. It would create a new statewide schooling track, starting with 20,000 “scholarships” of $7,075 each.

To draw support from lawmakers worried about the impact to their public schools, the measure also would give one-time bonuses of $2,000 to the state’s public school teachers; establish a public school infrastructure fund using tax revenues from the sports betting industry that currently contribute to college scholarships; and reimburse public school systems for any state funding lost if a student dis-enrolls to accept the new voucher.

Only 15 of the state’s 144 districts are expected to receive such reimbursements, according to the legislature’s latest fiscal analysis of the bill.

An amendment added on Tuesday requires that, for public school teachers to receive the bonus, their school boards must adopt a resolution saying that they want to participate in the bonus plan. Sponsors said the change was intended to give local boards more autonomy over the funds.

The action on Lee’s proposal came as President Donald Trump signed an executive order Wednesday that frees up federal funding and prioritizes spending on school choice programs.

A day earlier, Trump applauded Tennessee’s Education Freedom Act.

“Congratulations to Tennessee Legislators who are working hard to pass School Choice this week, which I totally support,” the president said in his post.

A subsidy or a civil right: Senators debate the bill’s purpose

The governor, who has framed school choice as “the civil rights issue of our time,” called lawmakers into the special session to take up vouchers, disaster relief, and immigration.

Republican leaders who control the General Assembly have signaled that they intend to wrap up that business in one week and pass three different legislative packages, as well as about $1 billion to pay for them.

The statewide voucher bill is the session’s most contentious issue, prompting philosophical debates Wednesday among members of the Senate Finance Committee about whom the proposed program is intended to help.

According to the state’s own analysis, about 65 percent of the new voucher recipients are expected to be students who are already in private schools, with the rest coming from public schools.

That projection may be low. In Arkansas, which approved universal vouchers in 2023 under Gov. Sarah Huckabee Sanders, more than 80 percent of last year’s enrollees had not attended public schools the previous year.

Tennessee’s bill would remove any family income restrictions for eligibility in the program’s second year. For the upcoming 2025-26 academic year, half of the vouchers would be available to students whose family income is no more than three times the federal threshold for receiving a reduced-price lunch, or about $175,000 annually for a family of four.

“It’s essentially giving a scholarship to people who can already afford to go to private school anyway,” said Sen. London Lamar (D-Memphis).

By contrast, the state’s smaller existing school voucher program, approved by the legislature in 2019, restricts eligibility to public school students living in Memphis, Nashville, and Chattanooga, and whose families have significantly lower incomes.

Defending the governor’s universal voucher plan, Senate Majority Leader Jack Johnson (R-Franklin) challenged the suggestion that the measure amounts to a government-funded subsidy for affluent families.

“We’re not going to penalize people who’ve been successful,” said Johnson, the bill’s Senate sponsor. “We’re not going to penalize people who work hard and might do a little better than someone else. We want these to be universal, and that’s the ultimate goal.”

Johnson added that he “has a problem with deciding who’s rich and who’s not.” It depends, he said, on their family’s location and circumstances.

“This program is going to help families across Tennessee — 20,000 kids — get into a school that their parents think is a better option,” he said. “And it shouldn’t be based on income. It should be universal.”

Early research shows that small voucher programs limited to low-income students are more likely to have positive outcomes, while recent national studies indicate that vouchers have mostly negative or insignificant impacts on academic outcomes.

Long-term costs worry critics

Sen. Jeff Yarbro (D-Nashville) sought to pin down the proposed program’s cost as it grows, especially since the 74,000 students who attend private schools in Tennessee would be eligible to apply for a state-funded scholarship.

State analysts expect all 20,000 vouchers will be awarded in the first year, allowing the state to expand the program by 5,000 participants each year, potentially doubling the program’s size by the 2029-30 school year. In the first five years, the program could cost taxpayers at least $1.1 billion, the state’s analysts say.

“This is a long-term program, and we should think about the long-term costs,” Yarbro said.

He called out the explosive growth of Arizona’s voucher program, which became available to all students in 2022. The initiative has contributed to a $400 million shortfall in the state’s current budget.

Johnson said Yarbro’s concerns amounted to “scare tactics.”

Any growth in the program is “subject to appropriation” by the legislature, he said. “We’ll be back next year, and we’ll have a conversation about it.”

Marta Aldrich is a senior correspondent and covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org.

Chalkbeat is a nonprofit news site covering educational change in public schools.

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Lee Calls Special Session; Foes Slam “Voucher Scam”

Tennessee Governor Bill Lee called a special session of the Tennessee General Assembly on Monday, January 27th to pass his school voucher plan, though one Democrat called the move an attempt “to use an unspeakable tragedy as a public relations stunt and political leverage.”

Lee announced the move Wednesday morning, after much speculation that he would call the session. The session will focus on his signature Education Reform Act. But the governor will also introduce a “disaster relief legislative package addressing recovery needs for Hurricane Helene, as well as future natural disasters. The session will also address public safety measures regarding immigration, as the incoming Trump Administration has called on states to prepare for policy implementation.” Lee promised details of all of these in the coming days and an official call. 

The announcement of the session Wednesday came with a joint statement from Lee, Lt. Gov. Randy McNally (R-Oak Ridge), House Speaker Cameron Sexton (R-Crossville), Senate Majority Leader Jack Johnson (R-Franklin), and House Majority Leader William Lamberth (R-Portland). 

“We believe the state has a responsibility to act quickly on issues that matter most to Tennesseans, and there is widespread support in the General Assembly and across Tennessee for a special session on the most pressing legislative priorities: the unified Education Freedom Act and a comprehensive relief package for Hurricane Helene and other disaster recovery efforts. 

“The majority of Tennesseans, regardless of political affiliation, have made it clear that they support empowering parents with school choice, and the best thing we can do for Tennessee students is deliver choices and public school resources without delay. 

“Additionally, Hurricane Helene was an unprecedented disaster across rural, at-risk, and distressed communities that cannot shoulder the local cost share of federal relief funds on their own. The state has an opportunity and obligation to partner with these impacted counties and develop innovative solutions for natural disasters going forward. 

“Finally, the American people elected President Trump with a mandate to enforce immigration laws and protect our communities, and Tennessee must have the resources ready to support the Administration on day one.”

Last week, House Democratic Caucus chairman Rep. John Ray Clemmons (D-Nashville) and Senate Democratic Caucus Chairwoman Sen. London Lamar (D-Memphis) condemned the idea of Lee’s special session. Here are their statements: 

Clemmons:

“It is inappropriate and highly offensive for Gov. Bill Lee to pair his voucher scam with much-needed relief for northeast Tennessee families. It gives one the impression that he is attempting to use an unspeakable tragedy as a public relations stunt and political leverage with several members of our body who have opposed vouchers in the past. 

“We could have and should have held a special session months ago to accomplish everything we need to do for these devastated communities, but Lee clearly and purposefully waited almost four months until he thought he had enough votes to pass his voucher scam. 

“There is nothing ’Christian’ about a man who demonstrates such callous indifference to the lives of Tennesseans and the well-being of entire communities as often as Bill Lee. 

“I trust that my colleagues across the aisle are incensed as I am and that they will hold the line on their opposition to a scam that would decimate public education, blow a hole in our state budget, and directly result in property tax increases in every county.”

Lamar:

“Gov. Lee’s push for private school vouchers is a direct affront to Tennessee families and taxpayers. The current voucher program in Tennessee is failing to deliver the promised benefits to students while siphoning essential funds from our public schools. 

“At a time when our communities are still grappling with the aftermath of recent storms, the last thing Tennessee needs is a special session to advance a flawed voucher policy. 

“If a special session is convened, our focus should be on unifying issues that directly impact our citizens: Storm recovery to ensure that all affected communities receive the necessary support to rebuild and recover, affordable housing for our working families, implementing measures to alleviate financial burdens on Tennessee households, and preventing crime. 

“Using storm relief as a pretext to promote a voucher scheme is a disservice to our families and undermines the real challenges we face. We must prioritize policies that strengthen our public schools, support our communities in recovery, and enhance the well-being of all Tennesseans.”

Here’s how others reacted to the news of Lee’s special session:

• Tanya T. Coats, a Knox County educator and president of the Tennessee Education Association:

“For months, East Tennesseans have been reeling from the aftermath of Hurricane Helene. It is high time to address the needs of families and communities that are suffering.

“While the General Assembly considers measures to support those recovering from a natural disaster, they should refrain from creating a man-made disaster. Reducing the state’s support of public schools to pay for vouchers will leave local governments to try to make up the difference. They’ll be forced to decide whether to raise taxes locally or reduce services, which can mean firing teachers and closing schools.

“Small towns can’t afford to lose their public schools — where more than 90 percent of students are educated — because of vouchers. Rural communities depend on local public schools to do more than just educate their students — they serve as community gathering places and are often the largest employer. During the days and weeks immediately following the flooding in East Tennessee, public schools served as hubs for distribution of aid to hurting Tennesseans.

“Governor Lee should focus on helping our neighbors, not pushing his statewide voucher scheme backed by out-of-state special interests.”

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TN AG, ACLU Drop Suit Over House Sign Ban

In a coda to a bruising special session of the Tennessee Legislature that wrapped up last month, lawyers representing three women who silently defied a House ban on signs and attorneys for the state have agreed to bring a First Amendment legal challenge to a close.

The challenge to new House rules that barred protest signs was filed on the third day of Tennessee’s specially called session on public safety — after state troopers removed three women quietly holding pieces of paper that read “1 KID > ALL THE GUNS” from a legislative committee room.

As contentious gatherings and frustrated protestors crowded the legislative session, inside a Nashville courthouse Chancellor Anne Martin immediately granted a temporary restraining order preventing the ban on signs from being enforced. Five days later, Martin ruled again, finding that the sign ban would likely be found unconstitutional at trial. House leaders were unable to enforce the ban for five of the seven days of the special session.

House Republicans lose decision on sign bans

Attorneys for the Tennessee Attorney General, representing House Speaker Cameron Sexton, the Tennessee Highway Patrol and other enforcers of the ban have now asked for the case to be dismissed as moot.

“The special session has now adjourned,” the state’s legal filings said. “And the procedural rules adopted by the House for the special session — including the Sign Regulation that the (women) asked this court to declare unconstitutional and enjoin — are no longer in effect.”

Attorneys for the ACLU of Tennessee, who represented the three women — Allison Polidor, Erica Bowton, and Maryam Abolfazli — do not oppose dismissing the case, but expect to file a motion seeking attorney fees and costs from the state, legal filings said.

The House rule banning signs during the special session originated in a private meeting in Sexton’s office that took place without public notice on the first day of the special session, the Tennessean reported. The 31 pages outlining the special session’s rules relied largely on a template for the House’s permanent rules of order, but added this sentence:

“No voice or noise amplification devices, flags, signs, or banners shall be permitted in the galleries of the House of Representatives.”

The House’s permanent rules of order for the 113th Assembly, which reconvenes in January for the second year of its two-year cycle, do not contain the same sentence.

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

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 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: Reps. Pearson and Jones Get Icy Reception from Speaker Sexton

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

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

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

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

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