Bill Proposes Granting Legislature Power, Not Statewide Political Parties, to Select U.S. Senate Candidates

The Tennessee General Assembly has been considering whether it should be in charge of selecting U.S. Senate candidates for primaries. On Tuesday, the sponsor of the bill encompassing that proposed change, State Senator Frank Niceley (R-Strawberry Plains), requested that the legislature have until next March to contemplate the bill. 

During the Senate State and Local Government Committee hearing on Tuesday, Niceley asserted that the U.S. Senators have gotten out of touch with the state legislature. He explained that this bill would improve the working relationship between their lawmakers in D.C. and the Tennessee Capitol. 

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Legislators Pushing to Limit Foreign Ownership of Agricultural Land

Tennessee’s Republican state legislators want to loosen foreign influence- a new bill being considered would limit foreign ownership of agricultural land. The bill wouldn’t limit foreign ownership of land for any other purposes. It also wouldn’t apply retroactively.

State Senator Frank Niceley (R-Strawberry Plains) first introduced the bill, followed by State Representative Jerry Sexton (R-Bean Station).

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A New Level of Voter ID: Proposed Bill to Require Fingerprint Match for Voting Moves Through General Assembly

Voter ID issues may become a thing of the past in Tennessee if the General Assembly approves new legislation proposing fingerprint readers. The bill proposes that the state implement fingerprint-reading technology to verify a voter’s identity. Tennessee Bureau of Investigation and all state agencies share the contents of their fingerprint databases with the Secretary of the State to establish this new method of ID verification.

State Representative Susan Lynn (R-Mount Juliet) and State Senator Frank Niceley (R-Strawberry Plains) introduced the legislation last month. With certain exceptions, current Tennessee law only requires that voters offer federal or Tennessee state IDs containing their name and photograph, such as driver’s licenses, passports, and military ID – even if they’re expired. Those exempt from these current stipulations include those who vote absentee by mail.

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Tennessee Legislators Propose Empowering General Assembly to Scrutinize Presidential Executive Orders for Constitutionality

Several state representatives and senators have proposed a bill to review the constitutionality of presidential executive orders. According to the bills, if Congress doesn’t affirm an executive order and isn’t signed into law, then the joint government operations committee of Tennessee’s General Assembly would review whether the order overextends its scope of authority. Upon concluding their review, the committee would decide whether to recommend the Tennessee Attorney General and Governor to reexamine or seek an exemption from the order.

Additionally, the bill proposed that no state agency, political subdivision, elected officials, or government employees could enforce the order if the Tennessee Attorney General determines it is unconstitutional. That portion of the proposed bill would specifically apply to orders concerning pandemics or public health emergencies; natural resource regulations; agricultural industry regulations; land use regulations; financial regulations concerning environmental, social, or governance standards; and Second Amendment regulations. 
Additionally, the bill proposed that no state agency, political subdivision, elected officials, or government employees could enforce the order if the Tennessee Attorney General determines it is unconstitutional. That portion of the proposed bill would specifically apply to orders concerning pandemics or public health emergencies; natural resource regulations; agricultural industry regulations; land use regulations; financial regulations concerning environmental, social, or governance standards; and Second Amendment regulations. 
Additionally, the bill proposed that no state agency, political subdivision, elected officials, or government employees could enforce the order if the Tennessee Attorney General determines it is unconstitutional. That portion of the proposed bill would specifically apply to orders concerning pandemics or public health emergencies; natural resource regulations; agricultural industry regulations; land use regulations; financial regulations concerning environmental, social, or governance standards; and Second Amendment regulations. 

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Nashville Metro Council Opposes Civil Asset Forfeiture Without Criminal Conviction As State House Prepares for Hearing on Reform Bill

The Nashville Metropolitan Council approved a resolution opposing civil asset forfeiture without a criminal conviction on Tuesday, just as a bill aimed at reforming state civil asset forfeiture laws is scheduled to be heard in a House committee meeting this coming week. Nashville Metropolitan Council Resolution RS2019-1628 directs that the Metropolitan Clerk send a copy of the Resolution to the Davidson County delegation of the Tennessee General Assembly. As The Tennessee Star previously reported, Representative Martin Daniel (R-Knoxville) and Senator Frank Niceley (R-Strawberry Plains) are the sponsors of a civil asset forfeiture reform bill, filed under HB 0340 and SB 0362, respectively.  It is the only reform bill filed this year under the subject of forfeiture of assets. Civil asset forfeiture laws are intended to assist law enforcement officials in seizing assets illegally obtained by criminals to defund their criminal enterprise and to help fund law enforcement’s future efforts. The civil asset forfeiture process, though, has been turned against innocent citizens and has received national attention, because assets have been seized that weren’t directly involved in the commission of a crime, assets are not necessarily returned even though the owner was never convicted of a crime, and the rightful owner has…

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Two Proposed Amendments to the Tennessee Constitution Passed the First Hurdle in the Senate

NASHVILLE, Tennessee – Two proposed amendments to the Constitution of The State of Tennessee easily passed the first hurdle in the Senate on Tuesday. The Senate State and Local Government Committee voted to advance two resolutions, which is the initial step in the Constitutional Amendment process, SJR0001 by Senator Ken Yager (R-Kingston) and SJR0003 by Senator Frank Niceley (R-Strawberry Plains). Senator Yager’s resolution will amend Article VI, Section 5 of the Tennessee Constitution such that the selection of the State’s Attorney General and Reporter would be nominated by the Supreme Court and confirmed by the General Assembly. As currently provided for in the State Constitution, the Attorney General and Reporter is appointed by the judges of the Supreme Court. As Senator Yager explained to the Committee, his Amendment would provide more transparency by having the Attorney General and Reporter nominated by the Supreme Court in an open court with a recorded vote. Following the Supreme Court’s nomination, the Tennessee General Assembly would have 60 days to confirm. The confirmation must be in both the Senate and the House, separately and with a majority vote. In the event, the General Assembly is not in session when a nomination is made, the…

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General Assembly to Consider Bill That Seeks to Restore Founders’ Intent for Electing U.S. Senators in Tennessee

A bill to be considered by the 111th Tennessee General Assembly will take a major step toward restoring the founding fathers’ intent for how U.S. senators would be elected in the state, which was circumvented by the 17th Amendment to the U.S. Constitution. The bill, sponsored by Frank Niceley (R-Strawberry Plains) in the Senate and Ryan Williams (R-Cookeville) in the House, as SB 0027 and HB 0021, respectively, changes the nomination process for candidates for U. S. Senate. As Senator Niceley explained when he presented a similar bill to the Senate State and Local Government Committee of the 110th Tennessee General Assembly, “Our founding fathers wanted the U.S. House of Representatives to be elected directly by the people. They wanted the U.S. Senate to be elected by the state legislatures. That’s why they called it the states’ house and the people’s house.” Election by state legislatures is how U.S. Senators came into office for more than a century, until the passage of the 17th Amendment to the U.S. Constitution in 1913. As Senator Niceley put it, the 17th Amendment to the U.S. Constitution passed in a wave of Progressivism. Senator Niceley also made the point in his 2018 presentation of…

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