Adams and Reese Legislative Report 3-8-2021
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| With leadership expressing a desire to adjourn the 2021 session before the end of April and committee chairs announcing targeted closing dates for various committees, the activity around the Cordell Hull building began to feel like the session is starting to hit its stride. House committee hearings operated at “max” capacity — albeit with very limited seating requirements – and hallway crowds began to increase in size as interested observers were forced to watch proceedings on the televisions outside of committee rooms. With committees such as Senate Government Operations and Judiciary having targeted closing dates in 6 weeks, it became quite obvious that the month of March will see a tremendous amount of legislative activity. House Resolution on Chancellor Draws Criticism from Legal Groups The controversy and fallout involving a series of 2020 election law rulings by Davidson County Chancellor Ellen Hobbs Lyle continued to intensify this week, with a number of legal groups – including the Tennessee Bar Association – expressing concern about a House resolution that authorizes the formation of a committee to consider Chancellor Lyle’s removal, utilizing a provision in the state Constitution. Legal interests expressed concern that the possible removal over a legal decision posed a threat to the bedrock principle of separation of powers, and established a dangerous precedent of allowing the legislature to remove a judge over politically unpopular decisions. The resolution — which was filed late last week – and the subsequent reaction have attracted a considerable amount of media attention over the last several days. Chancellor Lyle’s decision temporarily allowed individuals concerned with contracting the COVID-19 virus the ability to cast an absentee ballot; however, the Tennessee Supreme Court largely overturned the ruling, declaring only those with “special health vulnerabilities” could utilize the process in the November 2020 election. Chancellor Lyle’s opinion sparked controversy, and despite the passage of time and the subsequent ruling by the Tennessee Supreme Court, eventually led to the filing of the House resolution. The resolution is sponsored by Representative Tim Rudd (R-Murfreesboro) with 67 House Republicans showing their support by signing on as co-sponsors. The resolution claims that Lyle, among other things, attempted to expand the voting absentee by mail criteria without authority, changed election forms to include access to absentee voting by mail that had not been approved by the legislature, usurped the authority of election authorities by replacing the language on state election forms with her own language, and threatened election officials with criminal contempt and incarceration if they did not change the election form to conform with her orders. It further states that the Chancellor abused her authority by pursuing a personal and partisan agenda and calls for the initiation of removal proceedings done in compliance with the constitutional mandates of due process. Supporters of the resolution argue that the constitutional provision that allows judges to be removed by the legislature may be seldom used, but it is nonetheless part of the Constitution. Supporters also argue that the resolution merely calls for a review, where due process will be followed, and not an automatic ouster. The resolution is set to be heard in the House Civil Justice Subcommittee next week. While there has been discussion that the sentiments are not as strong in the Senate, a companion bill was filed in that chamber late this week. If the resolution passes, Speaker Cameron Sexton (R-Crossville) and Lt. Governor Randy McNally (R-Oak Ridge) will form a committee to contemplate the removal of Chancellor Lyle. Permit-less Carry Legislation Advances in Both Chambers The House and the Senate both advanced legislation this week that allows lawfully eligible Tennesseans to carry a handgun without a permit or a license, more commonly referenced as “constitutional carry.” The issue was first posed last session, but was put on hold because of more pressing issues from the COVID-19 pandemic. The legislation is brought by the Governor’s office for the lawmakers’ consideration. Those eligible must be 21 and older to carry a handgun without a permit, or a military member between 18 and 20. Penalties would increase for theft of a firearm from a misdemeanor to a felony. The fiscal note on the legislation indicates a $2.6 million decrease in state revenue. Sponsors Senator Jack Johnson (R-Franklin) and Representative William Lamberth (R-Portland) stressed that Americans have the right to own a firearm without needing a permit under the U.S. Constitution. The measure faces opposition from the Tennessee Sheriffs Association and the Tennessee Bureau of Investigation (TBI), who expressed concerns involving officer safety and called the permits a “safety net” to know if a person can legally carry a weapon. Religious Exemption for Immunizations Legislation Dies A measure to allow religious exemptions from vaccinations failed this week in the House Health Subcommittee. The bill, sponsored by Rep. Jay Reedy (R-Erin), aimed to apply to all vaccines, not just the COVID-19 vaccine. Several of the committee members that voiced opposition have professional healthcare backgrounds, including Rep. Sabi ‘Doc’ Kumar (R- Springfield) and Rep. Robin Smith (R- Hixson). Both expressed strong beliefs in religious liberty, but noted serious concerns for public health. The bill only received three “aye” votes while getting 7 “nay” votes. Wine Shipping Restriction Legislation Passes First Committee The Department and Agencies Subcommittee advanced legislation this week to ban direct shippers from using fulfillment houses when directly shipping wine to Tennesseans. The legislation, sponsored by House Majority Leader William Lamberth (R-Portland) prohibits fulfillment houses from being used in the state, drawing consternation from in-state and out-of-state wineries, who utilize the services of fulfilment houses to ship wine, by common carrier, directly to customers homes. Supporters of the measure highlighted that fulfilment houses operate without licensure in Tennessee, opening the door to unlicensed shipment without a proper mechanism to hold the fulfillment houses or unlicensed wineries accountable. Opponents, including the Tennessee Farm Winery Association, characterized the measure as a significant threat to their businesses, who rely on the direct to consumer marketplace to generate much needed revenue during difficult economic times. The committee passed the measure on a voice vote, with lawmakers pressing various stakeholders to come to a consensus on how to properly protect the wineries, while simultaneously regulating this activity and reducing unlawful direct shipments. The legislation moves to the State Government Committee and will be taken up in the Senate State and Local Government Committee as part of the “alcohol calendar” in late March. Looking Ahead With a substantial amount of legislative activity needing to take place over the next few weeks, please take a look at your bill tracking report and let us know if you have comments or concerns about any legislation that is beginning to move through committees. Most items that are not related to the budget or finance could have their fate determined in the next six weeks or so. As always, please do not hesitate to reach out to us if you have any questions. Have a great weekend. |