New TNJ edition alert: Chaos at the Capitol, redistricting lawsuit headed for trial
The latest print edition of The Tennessee Journal is out. Here is what’s in it:
— Chaos grips House in wake of fatal school shooting in Nashville.
— Legislative roundup: Despite previous rejection, Senate OK’s teacher dues withholding ban.
— Legal challenge of House, Senate redistricting maps is headed to trial.
— Interest groups spent as much as $100 million on lobbying last year.
Also: Reaction to the Covenant School shooting from the president, governor, mayor, and more; Stephen Crump taking over as head of district attorneys association, the most recent House composite photo is already fading, and a corn contest between lawmakers.
As always, access the your copy of the TNJ here.
Or subscribe here.
McNally sends school security recommendations to governor following shooting
Senate Speaker Randy McNally (R-Oak Ridge) is outlining his recommendations for improving school safety in a letter to Gov. Bill Lee following the fatal shooting at the the Covenant School in Nashville this week.
Here’s the letter:
Dear Governor Lee,
Like you, I was deeply affected by the attack on the Covenant School earlier this week. While much of my time has been spent in reflection and prayer about the horrific events, I have also thought deeply about what policies the state could adopt to prevent such events in the future.
While these changes would come with a cost, I believe it is important for us to have a conversation about how to increase and modernize security at schools in Tennessee. Much like the institution of fire codes has decreased the amount of school building fires, I believe we can come up with something similar for school safety.
1) Securing windows and glass in school buildings — As you know, the perpetrator in the most recent school shooting shot out the glass of the school’s doors to gain entry. My understanding is that there is a film that can be affixed to the windows and doors in schools that would be bullet proof or resistant.
2) Magnetic locks on doors — Keyed locks can cause delays in police response in an emergency. Magnetic locks, however, can be critical in keeping shooters out while allowing police and first responders speedier access in a crisis.
3) Centralized and modernized camera systems — Outfitting schools with the latest security camera systems can also assist in response to these incidents. If police can get immediate access to these systems, they can quickly identify the location of the perpetrator and can work even faster to eliminate the threat and keep children safe.
4) Armed guards — While we have made great progress in making sure our public schools have access to School Resource Officers, I believe we can do more. Reports indicate that the shooter at Covenant chose the school because of its minimal security. If we can ensure that all schools, public and private, have armed guards, we may be able to cut down on these events significantly.
These are just a few ideas I wanted to bring to your attention as we formulate a comprehensive response to this incident. I am sure you and your team have many ideas as well. I look forward, as always, to working with you to keep our citizens safe.
Sincerely,
/signed/
Randy McNally
Lieutenant Governor
Speaker of the Senate
cc: Speaker Cameron Sexton
Senator Jack Johnson
Senator Ken Yager
Senator Ferrell Haile
Senator Bo Watson
Senator Jon Lundberg
House, Senate cancel floor calendars following fatal school shooting in Nashville
The Tennessee General Assembly won’t take up its calendar of bills in floor sessions Monday following a fatal shooting at a Nashville school that left three children and three adults dead.
“Out of respect for today’s events, the Senate will honor those effected and adjourn,” Senate Clerk Russell Humphrey wrote in an email to members. “No business, no presentations and no introduction of guest shall occur.
Police said the suspect was a 28-year-old woman who was killed in a standoff with law enforcement officers responding to the shooting. The woman was believed to have entered a side entrance of the private Covenant School carrying two rifles and a handgun.
New TNJ edition alert: Confidence in McNally, Kelsey’s about-face, abortion and toll lane bills
The latest print edition of The Tennessee Journal is out. Here is what’s in it:
— McNally easily wins confidence vote among Senate Republicans.
— The Kelsey chronicles: Former senator tries to pull about-face on guilty plea in federal case.
— Medical exception to abortion ban passes House, Senate OK’s toll lanes, Nashville Council can’t decide future makeup.
Also: Doug Overbey joins TEA lobbying team, a gubernatorial intervention on the “State of the Child Report,” Justin Pearson in legislative limbo, and the Stuntbaby rides again.
As always, access the your copy of the TNJ here.
Or subscribe here.
Kansas City attorney sues over Tennessee professional privilege tax
Kansas City attorney Thomas West is suing the state in Sumner County over what he calls the “arbitrary, capricious, and wholly unreasonable” nature of Tennessee’s annual professional privilege tax. Over the years, the state has dropped the annual fee for 15 professions, but continues to charge the the $400 assessment to people working as lawyers, lobbyists, investment advisers, securities agents, and brokers.
“While the Tennessee legislature’s constitutional authority to ax privileges is virtually unlimited, it is not unbridled,” according to West’s lawsuit. Seventy percent of the revenue from the tax is generated from professionals who live out of state, which the complaint alleges is in violation of the dormant Interstate Commerce Clause.
The case was filed in Sumner County, which a 2021 law set as the venue for civil cases when the plaintiff lives outside the state. Because it is a constitutional challenge, the case will be handled by a panel of judges from each of the state’s three Grand Divisions.
Major League Baseball lobbies up in Nashville
Major League Baseball Commissioner Rob Manfred’s office has signed up a team of five lobbyists at the Tennessee Capitol. They include Catie Lane Bailey, Annie Beckstrom, Mack Cooper, and Nicole Osborne Watson of Holland & Knight (the former Waller Lansden), which successfully advocated for $500 million in bonds for a new Tennessee Titans stadium in Nashville last year. Also hired last week was Tony Thompson, the son of the late actor and politician Fred Thompson (R-Lawrenceburg).
The registration forms don’t indicate what Manfred’s office wants from Nashville lawmakers, but the commissioner has publicly speculated about the Tennessee capital being in the mix for an eventual expansion team. A more mundane explanation might be pending legislation to remove a requirement for sportsbooks to use official league data under Tennessee’s sports gaming program.
Former Oakland A’s pitcher Dave Stewart has been leading an effort to bring a major league franchise to Nashville, with hopes of building a stadium near Tennessee State University. But while the group has gained celebrity backing and media attention over the last few years, it hasn’t included the sort of multi-billionaire investor that be able to cover the huge cost of landing and operating a team. The Tennessee Lookout reported in 2020 that former Gov. Bill Haslam had held serious talks with Manfred about leading a separate effort. But Haslam has since bought into the NHL’s Nashville Predators and is scheduled to become the majority owner in 2025.
In another twist, the Holland & Knight lobbying team landed another major sports client last week — the National Basketball Association.
Kelsey wants to take back guilty plea made with ‘unsure heart and confused mind’
When former state Sen. Brian Kelsey (R-Germantown) pleaded guilty to federal fraud charges in November, he signed a document stating: “I offer my plea of ‘GUILTY’ freely and voluntarily and of my own accord; also, my lawyers have explained to me, and I feel and believe I understand this petition.” Now, Kelsey wants out of the deal.
According to a motion filed Friday, Kelsey is seeking to withdraw his plea and wants the judge to dismiss the entire case against him for conspiring to funnel campaign money from his state account to support his failed congressional bid in 2016.
“The stress of simultaneously dealing with a terminally ill father, newborn twins, and a three-year-old daughter” caused Kelsey to have “an unsure heart and a confused mind” when he agreed to plead guilty, according to the filing.
Kelsey in a sworn declaration said he had lost his license to practice law, access to banking system, and his job. According to Kelsey, a former chairman of the Senate Judiciary Committee:
Other than speeding tickets, I have had no experience with the criminal justice system as a defendant. As an attorney, I exclusively practiced civil law. Prior to the days leading up to the plea agreement in this case, I was unfamiliar with the federal criminal sentencing guidelines and the process of entering a plea agreement with no agreement as to what the sentence would be and without which the government would claim to seek a vastly enhanced ‘trial penalty’ for a defendant wishing to exercise his constitutional rights.
New TNJ edition alert: McNally succession moves, abortion exceptions, and the Slashville challenge
The latest print edition of The Tennessee Journal is out. Here is what’s in it:
— Calling all pretenders: Succession talk fueled by McNally scandal.
— Legislative roundup: Abortion, campaign finance, and the light at the end of the (session) tunnel.
— Slashville: Nashville sues to halt legislature’s move to cut Metro Council in half.
Also: Flipping the order of Brian Kelsey’s sentencing hearing, Andy Ogles’ ongoing résumé problems, Tim Rudd’s parking garage dreams, and a flooded Capitol complex.
As always, access the your copy of the TNJ here.
Or subscribe here.
Blue light special? Bill would allow speakers’ cars to ignore traffic rules
A bill to authorize the state cars transporting the governor or speakers of the state House and Senate to use emergency lights is up for final approval in the Senate on Thursday.
[UPDATE: The bill passed 27-3 and is headed to the governor’s desk.]
Under current law, the THP cars carrying Gov. Bill Lee, House Speaker Cameron Sexton (R-Crossville), Senate Speaker Randy McNally (R-Oak Ridge), and Attorney General Jonathan Skrmetti across the state aren’t explicitly allowed to use blue lights.
The bill sponsored by freshman Sen. Adam Lowe (R-Calhoun) and Rep. Lowell Russell (R-Vonore) would exempt protective detail troopers from following posted parking rules. They could also pass through red lights or stop signs without coming to a halt, exceed the posted speed limit, drive against the flow of traffic, and disregard restrictions on turns.
Lawmakers are pursuing the bill despite opposition from THP leadership.
The General Assembly in 2021 approved $750,000 in new funding for the Tennessee Highway Patrol’s protective detail, which doubled the number of Tennessee Highway Patrol troopers assigned to the speakers to two each. The speakers were also assigned two vehicles, up from the previous one.
The legislative hallways are rife with stories about one speaker’s trooper being reprimanded for operating the state cars above the posted speed limit. The Safety Department won’t confirm whether any disciplinary action has been taken against members of the protective detail for their driving habits due to what a spokesman calls the “potential operational vulnerability” of identifying the troopers on the detail.
The House has already passed the measure unanimously.
Randy McNally to pause social media activity
Senate Speaker Randy McNally (R-Oak Ridge) is out with a new statement saying he’s going to halt social media activity following attention to recent posts. Here it is:
I have long been active on social media. I have made a point to engage with people not only in posts, but in comments and messages as well. My comments to Franklin McClure and others, which have recently drawn so much attention, are no different. While I see now that I should have been more careful about how my comments and activity would be perceived, my intent was always engagement and encouragement. I apologize for any embarrassment my postings have caused my family, friends and colleagues. For this reason, I will be pausing my social media activity in order to reflect and receive more guidance on the use of social media.
While I have made some mistakes in my use of social media, the characterization of me and my record as somehow “anti-gay” is inaccurate. On a personal level, nothing could be further from the truth. I believe every person has value and deserves respect regardless of their orientation. I am 79 years old, and was raised in a time when homosexuality was deeply shameful. And I absolutely still hold traditional Tennessee values dear. But I now have friends and even a relative who is gay. I have worked hard to try and understand this community better, and at the same time not compromise trying to protect children and my own values. I notably came down from the Speaker’s podium to speak against a bill that would have curtailed gay adoption. I have also supported legislation that would protect children and keep obscenity out of the public sphere. And I support traditional marriage. There is no contradiction here.
I would encourage everyone to look at my record in its totality. It is both thoroughly conservative and compassionate to others. Though I may disagree with specific policies of certain LGBTQ activists, all people are deserving of love and compassion, no matter their race, gender, or any other attribute.
Criticism of my social media activity is fair, and I have taken it to heart. All I ask is that people look at the facts and my actual record. Again, conservative and “anti-gay” are not synonymous. Not generally and certainly not for me. While I realize it may not happen immediately, I am hopeful this examination of my social media activity will conclude and we can soon all get back to ensuring Tennessee remains the best state in the union to live, work and raise a family.”
