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Hagerty calls on president to invoke Insurrection Act, mobilze active-duty miltary

Republican U.S. Senate candidate Bill Hagerty speaks at Nashville event on Dec. 3, 2019. (Erik Schelzig, Tennessee Journal)

 

 

 

 

 

 

 

 

 

 

 

Republican U.S. Senate candidate Bill Hagerty is calling on President Donald Trump invoke the Insurrection Act to mobilize active-duty military forces in response to protests around the country.

“We cannot have another night of violence. It has to stop now,” the former U.S. ambassador to Japan said a release. “If we don’t, it propagates lawlessness.”

Trump has been mulling the use of the 213-year-old federal law, which would allow him to send troops to states without a formal request by their governors.

Here’s the release from the Hagerty campaign.

Nashville, TN — With the recent riots around the country, including Tennessee, Bill Hagerty, candidate for U.S. Senate, encourages President Trump to use the Insurrection Act to mobilize active-duty military forces in order to defend our communities from further acts of domestic terrorism.

“President Trump has already taken decisive leadership in recognizing ANTIFA as a terrorist organization,” said Bill Hagerty. “America is rooted in the rule of law. We cannot have another night of violence. It has to stop now. Period. If we don’t, it propagates lawlessness. To better protect our cities and communities from further danger, President Trump should use the Insurrection Act to its fullest extent. Mobilizing our military forces across the country will show that we will not tolerate domestic terrorism.”

 

House bill would do away with pre-election disclosures

Rep. Tim Rudd (R-Murfreesboro), right, attends a House GOP caucus meeting on July 24, 2019, in Nashville. (Erik Schelzig, Tennessee Journal)

Voters would know a lot less about candidates’ fundraising activity under bill up for consideration on the House floor Monday. The measure sponsored by Rep. Tim Rudd (R-Murfreesboro) would do away with the pre-primary and pre-general reports candidates must currently file to cover the period ending 10 days before the vote.

The bill would instead require only quarterly reports. Using this year’s election as a guide, candidates wouldn’t have to disclose how much money they had raised — or from whom — for more than five weeks between the end of the most recent full quarter and the primary or general election.

The Tennessee Registry of Election Finance says doing away with the pre-election reports would not significantly reduce the agency’s workload.

 

The measure would also do away with unitimized disclosures for contributions under $100.

The companion bill has yet to be head in the Senate, which has declared it will only focus on coronavirus-related or time-sensitive legislation in its return into session.

Should toppled Carmack statue be repaired at Tennessee Capitol?

State troopers guard the toppled statue of Edward Ward Carmack outside the state Capitol on May 31, 2020. (Erik Schelzig, Tennessee Journal)

Protesters over the weekend tore down the statue of Edward Ward Carmack, a newspaper editor and U.S. Senator who was gunned down in the streets of Nashville in 1908. Carmack was a notorious segregationist, though it’s unclear whether the demonstrators specifically targeted the monument (a historical marker commemorating Nashville’s lunch counter sit-ins in 1960 was also destroyed).

The toppling of the Carmack statue nevertheless raises questions about whether it should be repaired. There’s been a movement underfoot at the General Assembly to replace the monument with one to frontiersman David Crockett, though those efforts have yet to make any significant progress.

The situation puts Republicans in a quandary. While most would no longer defend Carmack’s positions and statements, they also won’t want to accede the destruction wrought by demonstrators. On the other hand, taking affirmative action to restore the statue of an avowed racist would also prove problematic at best.

A recent edition of The Tennessee Journal delved into Carmack’s attacks on Ida B. Wells, who was posthumously awarded a Pulitzer Prize last month for her coverage of lynchings in Memphis and the South.

New Pulitzer Prize winner Ida B. Wells was viciously targeted by Carmack

Ida B. Wells, who gained international renown for her fearless reporting about lynching in Memphis and the South in the 1890s, has been awarded a posthumous Pulitzer Prize. Wells was the editor and a part-owner of the Memphis Free Speech and Headlight, where she wrote detailed reports and fiery editorials about extrajudicial violence against African-Americans.

One of Wells’ chief critics was Edward Ward Carmack, the editor of the Memphis Commercial who went on to serve in the U.S. Senate and was later gunned down in Nashville by the son of a political rival. Carmack, a statue of whom stands outside the southern entrance of the state Capitol, ran vicious editorials about the Free Speech while it was operating and about Wells after she fled the city amid threats of personal harm.

Wells was born a slave in Mississippi during the Civil War and was a teacher in Memphis before she had a run-in with the Chesapeake & Ohio Railroad in 1884, when she was removed from a train for refusing to leave a first-class car (for which she held a ticket) that was reserved for white passengers.

State law required “accommodations equal in all respects and comfort” for first-class ticket holders, and a circuit judge found the other car was of lesser grade because it allowed “smoking and drunkenness.” Wells was awarded $500 (more than $13,500 today). The Tennessee Supreme Court overturned the decision three years later, finding the two rail cars were equipped alike and that Wells’ had acted in bad faith by seeking to “harass” the railroad by creating conditions for which she could file a lawsuit. Wells gained acclaim in the black press for her firsthand accounts of the legal challenge, and began making writing about race issues her full-time job.

In the pages of the Free Speech, Wells took aim at a frequent pretext for lynchings. “Nobody in this section of the country believes the old thread-bare lie that Negro men rape white women,” she wrote in 1892. If white men weren’t careful, Wells wrote, the public would reach conclusions that would be “very damaging to the moral reputation of their women.”

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Tennessee politicos react to protests, upheaval

Nashville Mayor John Cooper walks by the Metro Courthouse damaged during weekend protests on May 31, 2020 (Erik Schelzig, Tennessee Journal)

 

Here’s how some elected officials reacted to statewide protests that included clashes with police, vandalism, and fires.

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House issues guidance for return to session

The doors of the state Capitol were closed to the public on March 16, 2020. (Erik Schelzig, Tennessee Journal)

As of late last week, there was still disagreement between the House and Senate about whether to allow visitors onto the legislative floor of the state Capitol. Under a compromise struck on Friday, the House will be able to welcome members of the public into its gallery, but not into the lobby outside the two chambers. The Senate side will remain closed to anyone but its members, staff, and the media. The tunnel connecting the Cordell Hull Building with the Capitol will be closed to the public.

Here’s a memo sent out by Holt Whitt, the interim chief of staff to House Speaker Cameron Sexton (R-Crossville):

As you are all aware, the House has several days of session planned on the floor next week. Due to protocols put in place to maximize space, legislative assistants in the House will not be permitted to attend session in person. Limited space will be designated for House Research and staff in House leadership offices. Staff walking to session are encouraged to use the steps outside if they are able to do so to allow members priority access to the elevators inside the Cordell Hull Tunnel.

The general public (guests, lobbyists, etc.) will be permitted to attend House session and access will be limited based on the number of seats designated in the house balcony. The general public will not be permitted to use the Cordell Hull Tunnel to access the Capitol. Any general public entering the Capitol must do so on the 1st floor of the building. Accommodations can be made for those that are unable to access the Capitol on the 1st floor.

Policies inside the Cordell Hull Building will remain the same as they were for committees this week.

All House staff is required to wear a mask in the common areas of both buildings.

If you have any questions please let me know. Thank you all for your hard work and have a great weekend.

Non-contact sports, summer camps can resume under new TN guidance

A sign welcomes willing customers to a barber shop in Winchester, Tenn., on May 17, 2020. (Erik Schelzig, Tennessee Journal)

Gov. Bill Lee’s Economic Recovery Group has released its latest guidance for reopening the state amid the coronavirus pandemic. Under the new guidelines, non-contact sports can resume, as can summer camps.

Here’s the full release:

Nashville, Tenn. – Governor Bill Lee’s Economic Recovery Group issued new guidelines today for noncontact sports, camps, and higher education under the Tennessee Pledge. Since the state began its measured reopening in late April, nearly every industry is now able to resume business in some capacity with specific recommendations to preserve and protect the health and safety of all Tennesseans.

“We’re able to continue reopening our state thanks to the sustained efforts by Tennesseans to social distance and mitigate the spread of COVID-19,” said Gov. Lee.  “It’s important we continue to take personal responsibility for our health and the health of our neighbors, while recognizing and honoring the need for Tennesseans to get back to work and support their families.”

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TN Supreme Court: Evictions can resume next week, jury trials in July

The state Supreme Court has decreed that eviction proceedings can once again be heard starting on Monday and that jury trials can resume in July.

Here’s the full release from the state’s highest court:

The Tennessee Supreme Court today issued an Order that extends the judicial state of emergency and eases restrictions imposed by previous court orders. These changes include allowing jury trials to begin after July 3 with strict protocols; allows eviction cases to be heard beginning June 1; ends deadline extensions; and allows local judicial districts to continue operating under their approved plans for expanded in-person proceedings. The Order continues to encourage remote proceedings via video or audio conference whenever possible.  

Today’s Order allows jury trials to begin after July 3, 2020, if strict social distancing and capacity protocols can be met and CDC guidelines are followed. The Order also provides for six-person juries in civil cases unless a twelve-person jury is specifically requested by a party.  

Deadlines in court rules, statutes, and administrative rules that were previously extended until May 31 are extended only until June 5. After this date, the Supreme Court does not anticipate any further extension of deadlines. “The point of extending deadlines was to give judges, attorneys, and litigants time to adjust to this new normal and weather this storm a bit,” Chief Justice Bivins said. “But, extensions cannot go on indefinitely. Judges, of course, can extend deadlines on an individual basis when permissible.”

The Order also lifts the broad restrictions on evictions. As of June 1, eviction cases may be heard if the landlord states under penalty of perjury that the action is not subject to the federal Coronavirus Aid, Relief, and Economic Security Act (CARES) Act.

The Supreme Court issued an order on April 24 that allowed judicial districts to expand in-person proceedings if the Supreme Court approved a plan submitted by the district addressing such issues as social distancing, limiting access to the courtroom, and other strategies designed to limit the spread of Covid-19 as much as possible. The majority of judicial districts are now operating under those approved plans, which are available on the TNCourts.gov website. Judicial districts that did not submit a plan are continuing to operate under the parameters set forth in the March 25 Order. 

“For now, each court will continue to operate under their approved plan or the March 25 Order,” Chief Justice Jeff Bivins said. “Our top priority throughout the pandemic has been ensuring courts remain open and accessible for Tennesseans. We have worked diligently with local officials to ensure that emergency orders of protection, bond hearings, custody hearings, and other critical matters can be heard promptly. We have had to balance access to the courts with the health and safety of all participants and workers in the judicial system.

Over the past ten weeks, courts across Tennessee have continued to utilize technology to keep courts open and accessible. Dozens of courts have held their first remote proceedings via video conference, and proceedings have been live-streamed to YouTube for the first time. For example, the Tennessee Supreme Court held oral arguments via video conference twice, including a live-stream, the Court of Appeals held oral arguments via video conference, and the 20th Judicial District Chancery Court conducted hearings in a school voucher case via video conference over multiple days. In total, over 700 video proceedings have taken place on Zoom licenses managed by the Administrative Office of the Courts since the middle of April. Some counties and individual judges have also purchased their own video conferencing tools that are not managed by the AOC.

“While there certainly are some challenges, many judges are finding a lot of efficiencies and advantages to deploying remote proceedings in certain circumstances,” Chief Justice Bivins said. “Sometimes great innovation comes out of crisis and that is what is happening across the Tennessee judiciary.”

As with the previous Orders related to Covid-19, today’s Order applies to all state and local courts across Tennessee, including state circuit and chancery courts, general sessions courts, juvenile courts, and municipal courts.

The Order is available here

Sales tax holiday a likely victim of dire Tennessee budget picture

Senate Speaker Randy McNally (R-Oak Ridge) wields the gavel during a floor session to adjust the course of the legislative session in response to the coronavirus pandemic on March 16, 2020. (Erik Schelzig, Tennessee Journal)

While state House committees go through the motions of advancing pricey legislative proposals, the Senate has been pinpointing spending items likely to to be axed amid a dire state budget outlook. Senate Speaker Randy McNally (R-Oak Ridge) tells WBIR-TV that one such item may be the popular back-to-school sales tax holiday.

“Depending on what their estimates are, I’m pretty sure we’re going to face some difficult times as far as revenue,” McNally said.

This year’s sales tax holiday, which exempts clothing and school supplies costing less than $100 and computers up to $1,500, is scheduled for July 31 through Aug. 2. The state generally forgoes about $10 million in sales tax revenue during the annual event.

House scheduled to hear 391 bills this week, Senate none

Rep. Jim Coley (R-Bartlett) presides of the House Higher Education Subcommittee on May 26, 2020. (Screengrab: Tennessee General Assembly)

The full slate of 20 state House committees meeting this week have 391 bills on their calendars, according to a count by The Tennessean. By contrast, the Senate has none.

The two chamber are at odds about how wide the scope of their return into session should be. The upper chamber wants to focus on COVID-19 related legislation, the budget, and “time-sensitive” measures. The House wants to throw the doors open to any remaining bills, including controversial measures such as making the Bible the state’s official book, banning most abortions, and getting rid of training and background check requirements to carry handguns in public.

The lower chamber is allowing limited access to lobbyists and the public, while the Senate will remain on lockdown for all but lawmakers, staff, and the media.

The Finance Committee is the panel meeting on the Senate side this week.

Rep. Mark White (R-Memphis) speaks during a House subcommittee meeting in on May 26, 2020 (Screengrab: Tennessee General Assembly)

Senate throws down marker over which bills it wants to take up in resumed session

In the ongoing fight between the House and Senate over the scope of the return to session, the upper chamber has compiled a list of bills it plans to limit itself to when lawmakers return on June 1. The House is taking a more wide-open approach.

The Senate committee agendas don’t include bills already pending floor votes.

Here’s the list:

Senate Education

1. SB1974 by Gresham

Education – As introduced, clarifies that the powers and authority of the state building commission with respect to construction or demolition projects undertaken by foundations created for the benefit of the state universities originally governed by the board of regents still apply, after the restructuring of the board of regents, to foundations created for the benefit of state universities governed by local governing boards of trustees. – Amends TCA Title 4 and Title 49.

2. SB1247 by Gresham

Education, Dept. of – As introduced, requires the department to publish the list of art supplies that are certified nontoxic by the Arts and Creative Materials Institute on the department’s website. – Amends TCA Title 49.

3. SB2160 by Johnson, Gresham

Education – As introduced, establishes various requirements relating to literacy instruction provided to students in any of the grades kindergarten through two; establishes methods of evaluating the reading proficiency of students in any of the grades kindergarten through three; establishes requirements relating to literacy instruction provided to teaching candidates; establishes various studies and review processes relating to the state’s accountability model and the licensure process for teachers. – Amends TCA Title 49.

Senate Finance, Ways & Means

1. SB 2111 by Lundberg

Public Funds and Financing – As introduced, changes from January 31 to March 1, the date by which the commissioner of economic and community development must report to the general assembly on the administration of the program allocating the state’s bond authority among governmental units having authority to issue bonds. – Amends TCA Title 3; Title 4; Title 8; Title 9 and Title 12.

2. SB2312 by Gardenhire

Hospitals and Health Care Facilities – As introduced, makes various changes to the certificate of need process for healthcare facilities and services. – Amends TCA Title 68, Chapter 11, Part 16.

3. SB2097 by Gresham

Scholarships and Financial Aid – As introduced, enacts the “Financial Aid Simplification for Tennesseans (FAST) Act.” – Amends TCA Title 12, Chapter 3; Title 49, Chapter 1 and Title 49, Chapter 4.

4. SB2677 by Johnson

Taxes, Sales – As introduced, changes, from February 1 to February 15, the date by which the department of revenue must report findings and recommendations regarding sales taxes collected on electronic nicotine delivery devices to the speakers of the senate and the house of representatives and the chairs of the respective finance, ways and means committees. – Amends TCA Title 67.

5. SB1633 by Yager

Air Pollution – As introduced, requires the department of environment and conservation to develop a plan to implement the federal affordable clean energy rule and submit the plan to the EPA for approval by June 15, 2020. – Amends TCA Title 7; Title 65; Title 68 and Chapter 478 of the Public Acts of 2015.

6. Budget package

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