Tennessee’s Legal Counsel Asks Entire Sixth Circuit Court of Appeals to Reconsider Dismissal of Challenge to Refugee Resettlement Program

The Thomas More Law Center (TMLC) and Bursch Law PLLC filed a petition for rehearing by the entire Sixth Circuit Court of Appeals bench of a two-judge panel opinion dismissing Tennessee’s challenge to the constitutionality of the federal refugee resettlement program for lack of standing.

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Tennessee General Assembly’s Legal Counsel Considers Next Step Now that Judge Dismisses Appeal to End Refugee Resettlement Program

  The Sixth U.S. Circuit Court of Appeals on Wednesday rejected the State of Tennessee’s appeal in which the General Assembly sought to ban the federal government from forcing Tennessee to accept and fund a refugee resettlement program. A copy of the court’s ruling is available here. A federal judge in March 2018 dismissed Tennessee’s lawsuit against the federal government’s resettlement of refugees in the state on 10th amendment grounds. The Tennessee General Assembly in May 2018 authorized the Thomas More Law Center to file an appeal on its behalf, The Tennessee Star reported. The law center did not charge for the service. When Diane Black was running for the governor’s office last year, she announced her support for the appeal. The General Assembly first retained Thomas More in 2017 to file a federal lawsuit against the U.S. State Department, which oversees the refugee resettlement program, the law center said in a press release. In its decision Wednesday, the Sixth Circuit “side-stepped the substantive issues in a ruling Wednesday that held the General Assembly did not have ‘standing’ to challenge the federal program and dismissed the state’s case. Thus, the court never decided whether the federal refugee resettlement program violated the…

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‘Hands-Free’ Driving, Gas Tax Increase and Other Tennessee Laws That Go Into Effect Today

  The state legislature passed 513 Public Acts in the first half of the 111th General Assembly, many of which go into effect on July 1, 2019, and impact the general public like the “hands-free” driving law. The new “hands-free” law, as previously reported by The Tennessee Star, defines what it means to be “hands-free” and extends the requirement to be “hands-free” from just schools zones to all Tennessee roads and highways. In addition, a law that passed in 2017 will also be hitting Tennesseans again on July 1. Namely, the Improving Manufacturing, Public Roads and Opportunities for a Vibrant Economy – IMPROVE Act, also referred to as the 2017 Tax Cut Act, will increase the tax on gasoline by another $0.01 and the diesel tax by another $0.03 effective July 1. These are the final increases to the two fuel taxes, which went up $0.06 on gas and $0.10 which went up three times starting on July 1, 2017. The tax on Compressed Natural Gas and Liquified Gas will also go up by $0.03 each on July 1, completing the $0.08 total increase over the same three years. Meanwhile, the Hall Income Tax phase out, which was one of…

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State Reps. Ryan Williams, Cameron Sexton Join Race to Succeed Glen Casada as House Speaker

  The pieces are falling into place for the Tennessee GOP House Caucus to select the new speaker, with a couple of new faces entering the race this week. The caucus will meet July 24 to pick a nominee to replace disgraced outgoing Speaker and Rep. Glen Casada (R-TN-63) of Franklin, The Tennessee Star said. The meeting was called by House Majority Leader William Lamberth (R-TN-44) of Portland. In a statement issued by Lamberth Wednesday, he said his call for the caucus meeting came, “following conversations with our members of the last several days.” In an exclusive interview with the USA TODAY Network – Tennessee, State Rep. Ryan Williams (R-TN-42) said he wants to unite the party and rebuild the state GOP brand. “I think there are some chasms between some members and others in our caucus, but the goal here is to unite the differences,” he said. “Like Ronald Reagan said, focus on the 80% we agree on.” Williams, a former GOP caucus chairman from Cookeville, is not the only candidate. The Chattanooga Times Free Press said the other declared candidates for speaker are Reps. Mike Carter (R-TN-29) of Ooltewah and Curtis Johnson (R-TN-68) of Clarksville, GOP Caucus Chairman…

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Bill Lee Will Call Special Session to Replace Casada

  Gov. Bill Lee told reporters Saturday night that he plans to call a special session so the Tennessee House can elect a new speaker. Current Speaker of the House Glen Casada (R-Franklin) announced his resignation from the speakership on June 4, saying he would be stepping down effective August 2. He intends to keep his seat in the House of Representatives, however. In his resignation letter, Casada requested that Lee “call the General Assembly into a special session for legislative business” on the his resignation date, as The Tennessee Star reported. “During the special session, the House may take up the procedural matter of electing a new speaker to lead the chamber,” Casada added. While speaking with reporters at the Tennessee Republican Party’s annual Statesmen’s Dinner, Lee revealed that he plans to call a special session in mid-to-late August. “I’ve spoken with many of the folks in the legislature, and we agree that it’s time to move forward, and the best way to do that is to go ahead and call a session and have a date so we can start making plans to get a new leader,” Lee told reporters, according to The Tennessean. He went on to say…

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Tennessee General Assembly Approves Legislation Eliminating Professional Privilege Tax

The Tennessee General Assembly this week passed major tax cut legislation, eliminating the $400 professional privilege tax levied on licensed individuals annually in 15 professions in Tennessee. This, according to a press release legislators sent out this week. Senate Bill 398, sponsored by Senator Brian Kelsey, R-Germantown, repeals the tax for accountants, architects, sports agents, audiologists, chiropractors, dentists, engineers, landscape architects, optometrists, pharmacists, podiatrists, psychologists, real estate brokers, speech pathologists, and veterinarians. “The idea that earning a living is a privilege is insulting to hardworking Tennesseans,” the press release quoted Kelsey as saying. “For many years, this tax has unfairly singled out individuals in 22 of the state’s 100 licensed professions by taxing them for the so-called ‘privilege’ of earning a living.  I am very pleased that it will end for the majority of these taxpayers.” Action on the legislation comes after a 2016 Tennessee Advisory Commission on Intergovernmental Relations report said some professions in the state that are not taxed have higher average incomes.  The report also noted that incomes of professionals vary significantly within the taxed professions and those in occupations earning lower salaries, pay the same amount as those earning more.  Professionals in these areas must pay…

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New Law Will Make Tennessee Completely ‘Hands-Free’ While Driving Effective July 1

  Both houses of the General Assembly have passed a bill that will allow only hands-free usage of a mobile telephone or personal digital assistant on any road or highway in the state of Tennessee. HB 0165 sponsored by Representative John Holsclaw (R-Elizabethton) and SB 0173 sponsored by Senator Swann (R-Maryville) will go into effect on July 1, 2019. Current law prohibits a driver from talking on a hand-held mobile device while the vehicle is in motion in a school zone when the warning flashers are in operation. A violation under current law is a non-moving traffic violation, with no points added to a driver’s record for the Class C misdemeanor punishable only by a fine of up to $50.00 plus court costs not to exceed $10. In addition, under current law it is considered a delinquent act for anyone under the age of 18 to talk on a mobile phone while operating a motor vehicle equipped with a hands-free device on any road or highway in Tennessee. The new law defines ‘hands-free’ and extends the requirement to be ‘hands-free’ to all roads and highways in Tennessee. Activities prohibited with a wireless telecommunications device in the new law while operating…

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Tennessee Bill to Regulate 911 Calls Reportedly Held Up for Summer Study

The sponsor of legislation that would make 911 calls and transmissions confidential reportedly wants more time to work on the bill, specifically this summer. This, according to the Tennessee General Assembly’s website and the Tennessee Coalition for Open Government. That bill is HB 335. According to the Tennessee Coalition for Open Government, the sponsor of that bill is State Rep. Rick Tillis, R-Lewisburg. “The bill, HB 335, would have created an exemption to the Tennessee Public Records Act for all 911 calls, making them only available for use by law enforcement, the courts and other governmental agencies,” according to the TCOG. “The Tennessee Press Association and Tennessee Association of Broadcasters lobbied against the bill, pointing out that access to 911 calls have led to numerous news stories uncovering problems within the 911 system. They have also been used to document natural disasters, such as when the Knoxville News Sentinel used 911 calls to shed light on what happened during the devastating Gatlinburg wildfires a few years ago.” The TCOG went on to say “the transmissions of 911 calls also have helped ferret out government coverups.” According to the bill summary, the bill prohibits “using such calls, transmission, or recordings for any purpose…

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Tennessee House Says No to Holding Phone While Driving But Says Yes to Voice Use

The Tennessee House on Wednesday passed bill HB0164 banning drivers from using handheld phones. The bill tracking information is available here. The Senate companion bill, SB0173, was deferred on Tuesday in the Senate Finance, Ways and Means Committee and now has a scheduled hearing date of April 23. The House passed the bill on a vote of 53-38, according to the Tennessee General Assembly’s website tracking information available here. Four representatives were counted as “present and not voting.” The House sponsor is State Rep. John B. Holsclaw Jr. (R-TN-04). The highly detailed bill “summary,” with amendments, is available on the tracking page. Among the provisions are that adults age 18 and up could use a device for GPS navigation as well as an earpiece, headphone or device on a wrist “to conduct a voice-based communication; and may use a one button on a wireless telecommunications device to initiate or terminate a voice communication.” The penalties would be: A violation of this amendment will be a Class C misdemeanor, subject only to imposition of a fine not to exceed $50.00. However, if the violation is the person’s third or subsequent offense or if the violation results in an accident, the fine…

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Public School Principal May Have Violated Tennessee Law By Pressuring Teachers to Lobby Against School Vouchers

A Tennessee public school principal recently sent an email to teachers and staff at their school and urged them to lobby against the school vouchers’ bill currently up for consideration in the Tennessee General Assembly. According to the language of the Tennessee Hatch Act, such activity violates state law. The principal warned teachers that vouchers would devastate public schools and lead to more homeschooled children in Tennessee having Education Savings Accounts. This principal also instructed teachers and staff to email complaints to specific legislators, in addition to Republican Gov. Bill Lee. The Tennessee Star has chosen not to identify the principal in question. This person also asked teachers to ask friends and family members to involve themselves in the matter. The principal asked teachers and staff members to do these things immediately and to also thank a specific legislator who opposes the bill. The Star has chosen not to identify that legislator. In closing the email, the principal assumed nearly everyone agreed that vouchers are bad. But this is an area where the principal could end up in trouble. Specifically, Tennessee’s Hatch Act says the following about this conduct: • “It is unlawful for any public officer or employee to…

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Democratic State Rep. Staples Resigns As Assistant House Minority Leader Following Sexual Harassment Claim

State Rep. Rick Staples (D-TN-15) resigned from a leadership position in the House following allegations of sexual harassment, multiple media outlets have reported. Staples, of Knox County, on Thursday resigned as assistant House minority leader but will continue to represent Knoxville, WATE said. “I have already publicly apologized for any distress I unintentionally caused. I have decided to step down from my leadership position of Assistant House Minority Leader so I can end the unwarranted suffering on my family, continue to serve my constituents unimpeded and end any distractions this may bring to the Tennessee House,” Staples said in a released statement. “I look forward to following the recommendations of the Ethics Committee and pledge to remain the best servant to my constituency of District 15.  I’ll have no further comment going forward on this matter.” Tennessee legislative sources say a woman filed a sexual harassment complaint against Rep. Staples with the House Ethics Committee. Staples is also a member of that committee. House Republican Caucus Chair Cameron Sexton implied last week that Democratic leaders did not immediately take action on the complaint against Staples, and added that could be a violation, WKRN reported. House Democrat Caucus Chair Mike Stewart denied…

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Bill to Rein in Tennessee School Boards Association May Get New Life

Wednesday afternoon, members of a Tennessee House Education Committee may revive a bill designed to rein in the Tennessee School Boards Association and its alleged financial abuses, according to a source. More than 90 percent of the TSBA’s $2.2 million revenue in 2016 came from Tennessee taxpayers through dues and no-bid contracts from local school districts. Members of the TSBA, however, won’t abide by the state’s open records laws. They have also shown the public little to no transparency in how they spend money. The most recent information available is three years old. State Rep. Andy Holt, R-Dresden, sponsors the bill, HB 1276. According to the Tennessee General Assembly’s website, the bill would require that local school system personnel post their adopted school budget on the school board’s website before the start of each new school year. That bill failed in an Education Administration Subcommittee last week, according to the General Assembly’s website. But a source told The Tennessee Star Wednesday morning that efforts are afoot to recall that bill today. Exactly 50 percent of the full committee members must agree to recall it. If that happens then committee members will hear the bill again for an up or down…

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Tennessee Legislators Scared to Fight Civil Asset Forfeiture Abuse, Says State Rep. Martin Daniel

Members of the Tennessee General Assembly won’t tackle civil asset forfeiture abuse because they fear a backlash from law enforcement, said State Rep. Martin Daniel  (R-Knoxville). Daniel serves on the legislature’s Civil Justice Subcommittee. Daniel told The Tennessee Star Monday that for the past three years he’s filed bills “that would have substantially reformed the problem.” Daniel said his colleagues don’t show his bill much, if any, support. And there’s a reason for that, Daniel said. “Law enforcement likes to have this revenue, I would assume, because there’s not a lot of accountability and transparency. They can use this money to spend it any way they want to without the legislature’s or a county commission’s oversight,” Daniel said. According to Justiceactionnetwork.org, Tennessee law enforcement officers can use civil asset forfeiture to seize and sell people’s property. They can do this “based only on their suspicion that it has been involved in criminal activity, without having to charge the citizen with a crime.” Law enforcement officers can sell or auction this property to supplement their budgets. Officials in Tennessee, Justiceactionnetwork.org went on to say, have seized and forfeited more than $85.9 million dollars in property between 2009 and 2014. These same…

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Licensing Online Auctioneers Could Hurt Tennessee Economy, Expert Warns

Online auctioneers will suffer, as will Tennessee’s economy, if state officials require them to get a license, which certain members of the Tennessee General Assembly hope will happen this legislative session. This, according to an official with the Beacon Center of Tennessee, a Nashville-based free market think tank. As The Tennessee Star reported, a bill going through the Tennessee General Assembly would, for the first time, require a license for certain types of online auctions. “The vast majority of complaints about online auctioneering came from business competitors who don’t like having to compete with a new business model. And of course, this artificially inflates prices of goods, all of which are passed on to the consumer. It’s not different than a tax hike” said Braden Boucek, Beacon’s vice president of Legal Affairs, in an emailed statement. Boucek linked to an Institute of Justice study that examined state and national estimates of the economic costs of occupational licensing. The Institute for Justice is a Virginia-based and libertarian law firm that pursues civil liberties and other public interest cases, according to its website. “According to this study, over 21 percent of Tennessee’s workforce is licensed. It costs us 46,068 jobs.  We lose $173…

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Commentary: Democracy Dies in the Darkness

by State Representative Mike Sparks (R-Smyrna)   A few years ago, I decided to go back to Middle Tennessee State University and take the remaining few hours to complete my college degree. After attending a few semesters part-time, I needed one additional class, and I decided to complete a Maymester course. I was searching the university’s online platform and came across a Free Expression course. The class, at first really didn’t interest me, until I met Dr. Larry Burriss. Given the name, I was expecting the class to be taught by someone in a tie-dye shirt and wearing sandals. On the contrary, Dr. Burris was a tough, former lieutenant colonel in the U.S. Air Force who had served on active duty in various parts of the world — even at the Pentagon. He held a wealth of knowledge and was very experienced in the many facets of journalism, including his time serving as the former director of the School of Journalism and the dean of the College of Mass Communications. The subject matter for this course was related to the expression of free speech and the First Amendment. I had often listened to his commentary on WGNS Radio and enjoyed…

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Law Enforcement Officers Tell Senate Committee That Medical Marijuana Supporters Are Blowing Smoke, While Co-Sponsor Bowling Says Her Plan Provides Alternative to Opioids

State Sen. Janice Bowling (R-Tullahoma) on Thursday shared her continued support for allowing medical marijuana after a vote was postponed. The vote was delayed after Wednesday’s hearing in the Senate Health and Welfare Committee, WJHL said. Bowling, of Tullahoma, is a co-sponsor of SB0486, the Tennessee Medical Cannabis Act. The bill’s tracking information is available here. The bill will next be heard on Wednesday, April 10. Bowling made her statement of support after law enforcement officers testified against the bill in the committee. The senator said the bill would be dispensed as an oil and would provide for an alternative to opioids and would be monitored under a physician’s and pharmacist’s care. “This legislation is about arming doctors and patients with an effective tool to treat a range of medical conditions and increase Tennesseans’ quality of life to successfully manage pain without the use of opioids,” Bowling said in a press release. “Opioids are highly addictive and are deadly. We were not in the committee yesterday to talk about the marijuana industry. We were there to present a bill on medical cannabis that will bring positive, life-altering treatment to people who are suffering. For them to conflict and conflate the two different…

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Tennessee General Assembly Bill Would Require Licensing for Online Auctions

A bill going through the Tennessee General Assembly would, for the first time, require a license for certain types of online auctions, according to a legal expert with the Nashville-based Beacon Center of Tennessee. Beacon’s Vice President of Legal Affairs told The Tennessee Star Thursday that people who do these auctions have safely conducted their business over the Internet for years with no state interference. “Everyone has a right to earn a living. There are many Tennessee homegrown businesses that have flourished as online auction businesses. Auctioneering provides a great deal of opportunity, especially in rural communities that oftentimes feel left behind when it comes to economic development,” Boucek said in an emailed statement. “By requiring a license, we will force these businesses to lay off un-licensed people or move out of state. And there is no public reason why we need to require an auctioneer license simply to sell something online. Tennessee’s own auctioneering task force, the one pushing the law showed that there were very few consumer complaints regarding this type of auction format.” State Rep. Kevin Vaughan, R-Collierville and State Sen. Ken Yager, R-Kingston, sponsor the bill. Vaughan and Yager did not immediately return The Star’s request…

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Speaker Glen Casada Helps Get Governor’s Charter School Commission Initiative Out of House Committee

NASHVILLE, Tennessee – While the Education Committees of both the House and Senate heard Governor Lee’s bill on a new charter school commission initiative on the same day just hours apart, the process and outcomes were very different between the two bodies. In the House, in front of a standing room only House Hearing Room I the Education Committee had discussion on HB 0940 carried by Education Committee Chairman Mark White (R-Memphis), for a total of about one and three-quarter hours. With White being the House Education Committee Chair and carrying the bill, he turned the gavel over to freshman legislator and Education Committee Vice-Chair Kirk Haston (R-Lobelville) to run that part of the meeting. White started the process by introducing amendment 6140 which rewrites the bill presented to the subcommittee last week. The rewrite was an outcome of the administration listening to the concerns of the subcommittee, as reported by The Tennessee Star, and subsequently making major changes to the bill in response. Going on with the explanation, White said the 2002 Charter School Act accepted charter schools and in 2011 the cap on the number of charter schools was removed. White then reviewed the current flow chart of…

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Civil Asset Forfeiture Reform Continues to Receive Resistance in Tennessee

Despite actions at the federal level and dozens of states, legislation to reform civil asset forfeiture in Tennessee is continually received with resistance. Civil asset forfeiture is a tool whereby law enforcement seizes assets such as money and property that was obtained illegally by criminals. The goal of law enforcement is to defund the criminals’ enterprise and assist with the funding of law enforcement’s future efforts. The process, though, has come to be referred to as “policing for profit,” because assets have been seized that weren’t directly involved in the commission of a crime, a criminal conviction is not required for the seizure and the rightful owner has to fight in court to win back their own property. The court battle to retrieve one’s property is one of a civil nature, not criminal. As such, the property’s claimant is not entitled to an attorney if they cannot afford one, as a defendant would be so entitled in a criminal case. In a 2015 Tennessee case, a woman and her mother drove to the Rutherford County Adult Detention Center with $12,000 in cash she claimed was raised by family and community members for the purpose of posting bond to secure the…

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Final Details of Gov. Bill Lee’s Education Savings Account Plan Released

Tennessee students in urban cities could start escaping failing schools in fall 2021 as Gov. Bill Lee has pulled the curtain back on his education savings account (ESA) plan, with legislative action planned for Tuesday. Some say the math does not add up. Lee would spend up to $75 million in fall 2021, with half going to families whose children transfer to private or other non-public schools and the remainder going to the districts they leave behind, according to a story on Chalkbeat. The ESAs could cost $125 million each year by 2024. Only 5,000 students would qualify in Year One, Chalkbeat said. Up to 15,000 students could qualify by 2025. One catch is that the failing districts, which are among the 10 percent bottom performers, would only receive the subsidy payments for three years. The governor briefly addressed ESAs in his first State of the State address March 4, as reported by The Tennessee Star. The proposal would only be provided to five county school districts: Davidson, Hamilton, Knox, Shelby and Madison (including the city of Jackson), The Star reported on March 10. Also included would be the state’s Achievement School District of failing schools, the Chattanooga Times Free Press…

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Governor Bill Lee’s Education Savings Account Plan Will Offer School Choice to Less Than One Percent of Tennessee Students in 2020

Gov. Bill Lee is moving forward on his campaign pledge of school choice in the form of Education Savings Accounts (ESAs) available in 2020, although only about one-half of one percent of the state’s students would qualify to participate in the program’s first year. The governor delivered his first State of the State address Monday, as reported by The Tennessee Star. Lee said: I know there’s concern that programs like this will take money away from public schools, but my ESA plan will invest at least $25 million new dollars in public schools in the first year to fill the gap when a student transfers to another school. The Tennessee Department of Education referred a request for more information to the governor’s office. Lee spokesperson Laine Arnold did not reply to requests for comment. The proposal would only be provided to five county school districts: Davidson, Hamilton, Knox, Shelby and Madison (including the city of Jackson). Also included would be the state’s Achievement School District of failing schools, the Chattanooga Times Free Press said. Only 5,000 students in fall 2020 would be eligible, or only about one-half of one percent of the state’s 975,000 students. Qualifying students would be eligible for…

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Tennessee Catholic Bishops Oppose Fetal Heartbeat Bill, Saying It Can Be Overturned in Court and Strengthen Abortion Providers

Three Tennessee Catholic bishops have come out together in opposition to the fetal heartbeat bill pending in the Tennessee General Assembly, saying that its failure would strengthen the pro-abortion industry. Bishop Richard F. Stika of the Diocese of Knoxville, Bishop J. Mark Spalding of the Diocese of Nashville and Archbishop Joseph E. Kurtz, apostolic administrator of the Diocese of Memphis issued a joint statement on Feb. 26. The fetal heartbeat bill would ban abortions once a heartbeat has been detected. It passed in the State House Health Committee last week. The bishops’ letter, which is also available here, reads: We believe that the sanctity of human life must be respected and protected absolutely from the moment of conception to natural death.  So while we wholeheartedly support the intention of the “Heartbeat Bill” being considered by the Tennessee Legislature, we must also be prudent in how we combat the pro-abortion evil that dwells in our society. The “Heartbeat Bill” has been passed in various forms across the country and has been consistently struck down by state and federal courts alike for being unconstitutional.  In these legal cases, a victory is handed to the pro-abortion plaintiffs and we must remember that every pro-abortion…

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New Bill in Tennessee General Assembly Could Raise Age Needed to Buy Tobacco Products

NASHVILLE, Tennessee — No one in Tennessee between the ages of 18 to 20 could buy tobacco or vaping products if a bill currently in the Tennessee General Assembly is enacted into law. Members of the state Senate Commerce Committee are scheduled to hear the bill Tuesday at 1 p.m. State Sen. Shane Reeves (R-Murfreesboro) and State Rep. Bob Ramsey, R-Maryville, are sponsoring the bill. Flanked by members of the American Cancer Society and the American Heart Association, Reeves and Ramsey held a press conference at the Cordell Hull State Office Building in Nashville Monday to announce their initiative. “We are very healthy financially. But as healthy as we are financially we are equally unhealthy physically as a state,” Reeves said, quoting statistics that say, for instance, Tennessee ranks 42nd in heart disease and 46th in lung cancer. “All of these things are made worse by smoking, which we are currently 47 out of 50 states in smoking.” The bill, if passed into law, would not penalize people under 21 for buying tobacco. But the bill would strengthen penalties for anyone caught selling tobacco or vaping products to minors, according to a press release members of the AHA distributed to the press…

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Tennessee Star Report EXCLUSIVE: Tennessee House Speaker Glen Casada Says Fetal Heartbeat Bill ‘Will Progress Quickly Through the House’

In an an exclusive interview on The Tennessee Star Report with Steve Gill and Michael Patrick Leahy – broadcast Friday on Nashville’s Talk Radio 98.3 and 1510 WLAC weekdays from 5:00 am to 8:00 am – Tennessee House Speaker Glen Casada made news on several fronts. Casada said that the fetal heartbeat bill “bill progress quickly through the House,” and noted he spoke with Governor Bill Lee on Thursday and expects the governor will outline the details of a proposed education savings account proposal in his State of the State address, to be delivered on March 4. Casada also described the recent efforts of social justice warrior, Justin Jones, currently out on bond for resisting arrest in an October protest of Sen. Marsha Blackburn, to instigate a confrontation at the Capitol. Gill: This week House Speaker Glen Casada has been dealing with really serious issues like, do we put more SRO’s (School Resource Officers) in schools to protect our kids from what we saw happen at Parkland about a year ago. Do we expand vocational education to create job opportunities for Tennesseans for generations to come? Do we deal with the opioid epidemic? Do we protect unborn life with a…

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Comptroller Pulls Back Curtain Behind UT Knoxville’s Sex Week Programs

The University of Tennessee at Knoxville is facing the music over the controversial event known as Sex Week, with the Tennessee Comptroller’s Office sending a report to legislators pointing out that very few students attend the university-supported program. A copy of the report by the Comptroller’s Office of Research and Education Accountability is available here. The report was given to the Senate Education Committee Wednesday. Legislative leadership requested a review of the week-long event which has been held at UTK each spring since 2013. The event is organized by Sexual Empowerment and Awareness at Tennessee (SEAT), a registered student organization (RSO). A 2017 story by The Tennessee Star revealed the titles of some of the Sex Week classes, such as “Having an Affair With Yourself.” The names go downhill from there. According to the Comptroller, SEAT’s membership is less than one-tenth of 1 percent of UTK’s enrollment, and has refused administrators’ requests to “tone it down.” The Comptroller’s Office says: • SEAT is one of about 600 RSOs at UTK, all of which are eligible to request student activity fee funding. In four of the past five years, SEAT received the highest allocation of student activity fee funds, including about…

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State Rep. William Lamberth Seeks to Limit Public Records Access to as Little as Three Requests a Year

If government officials accuse you of filing one too many public records requests, then they could use the courts to penalize you under a proposed bill at this year’s Tennessee General Assembly. State Rep. William Lamberth (R-Cottontown) introduced the bill this session. As written, a government official could seek an injunction to keep people “from making records requests that constitute harassment.” If an injunction goes through, then the person requesting government records could make no further requests for one year, according to the bill. That person, though, could ask a court to reverse the decision – but only if he or she shows “the public records request does not constitute harassment.” “Harassment” means three or more public records requests within a period of one year that are made in a manner that would cause a reasonable person, including a records custodian or any staff of the public entity in control of the public records, to be seriously abused, intimidated, threatened, or harassed,” according to the bill, as currently written. “For which the conduct in fact seriously abuses, intimidates, threatens, or harasses the person; and that are not made in good faith or for any legitimate purpose, or are made maliciously.”…

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Deadline Passes for Filing of Bills to Be Considered This Year in the Tennessee General Assembly

Thursday marked the end of a hectic week for Tennessee lawmakers as the deadline for filing bills to be heard in the first session of the 111th General Assembly approached. The two houses of the General Assembly had their own respective deadline, with the House being on Wednesday and the Senate being Thursday by 3:30 p.m. each day. State Representatives are limited to a maximum of 15 bills each, with the exception of committee chairs, who are allotted an additional five bills each, provided that they pertain to the subject of the committee they chair. There are no limits as to the number of bills a member of the State Senate may carry. By end of business Thursday, the index of legislation on the Tennessee General Assembly website showed that House bills filed numbered through 1499 (HB 1499) and Senate bills filed numbered through 1508 (SB 1508). With bill submission deadlines strictly adhered to, any bill sponsor from either house who was unable to find a sponsor in the other house of the General Assembly, thereby lacking the required companion bill, will not have their bill heard this year. In addition to the bills that were filed, House Joint Resolutions…

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Community Oversight Now Tries to Frighten Athletes Away from Tennessee

Members of the group Community Oversight Now say they have an unorthodox way to keep state legislators from tinkering with Tennessee’s community oversight boards. Those boards, of course, exist, to monitor police. Members of the Tennessee General Assembly want to place guardrails on those boards, which some people say have too much authority and might exist to retaliate against police. Community Oversight Now, not surprisingly, is suiting up for battle. The group’s strategy — discourage as many talented high school athletes as possible from eventually playing sports at Tennessee’s colleges and universities. This, according to a press release members of the organization released Tuesday on their Facebook page. The campaign will target the top-ranked football and basketball high school athletes in the classes of 2020 and 2021. This includes the top 300 football players and top 100 basketball players in the country that rank in recruitment sites such as ESPN 300 and Rivals.com. They also include first and second team all-state athletes in Tennessee and other Mid-South states, the press release said. “The withdrawal of support means we are making a vigorous effort to steer these athletes away from Tennessee institutions and to accept athletic scholarships elsewhere,” according to the press…

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Judson Phillips Commentary: Conservatives Need to Unite and Promote Our Agenda at the Tennessee General Assembly

by Judson Phillips   Conservatives love to rail against the Republicans who control the Tennessee General Assembly. And why not? These Republicans go out every two years (or four if they are in the Senate) and tell the voters how conservative they are. Then, once they have been given their next two year, no-cut contract, they proceed to vote the way the lobbyists want them to. Since the Republicans took control of the General Assembly in 2008, they have not met a spending plan they did not like.  The state budget has skyrocketed. And what do conservatives do? They get on Facebook and complain. Recently some of my Facebook friends were shocked to discover that American Muslim Advisory Council has a “Muslim Day” on Capitol Hill. Activists go and push their agenda to legislators.   The Muslims are not the only group that does that.  All kinds of groups do it. They range from farmers to the bat-guano crazy left. And there are a couple of center right groups that go up there. When is there a conservative day on Capitol Hill? The answer is, there isn’t. There is not a day when conservatives go to Capitol Hill and tell legislators…

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Tennessee State Comptroller and Treasurer Re-Elected To Their Posts

NASHVILLE, Tennessee – On the second day of the 111th Tennessee General Assembly in a joint session of the Senate and House of Representatives, the state’s Comptroller and Treasurer were re-elected to additional two-year terms. Justin P. Wilson, Comptroller of the Treasury, and David H. Lillard, Jr., Treasurer, were both unanimously re-elected by voice vote to their respective posts, after having served in them since 2009. The offices of Secretary of State, Comptroller and Treasurer are called for in the Constitution of the State of Tennessee and are elected by the General Assembly. The Comptroller and Treasurer are elected every two years and the Secretary of State, a position held by Tre Hargett also since 2009, is elected every four years. Hargett is currently in the middle of his third term. According to the December 2018 Guide to the Office of the Tennessee Comptroller of the Treasury, the General Assembly approved legislation in January 1836 to create the office for the purpose of ensuring state and local financial integrity, as well as bringing a sense of order to the state’s finances. In 1870, the position was added to the state’s Constitution as a constitutional officer voted on by both houses…

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Lt. Gov. McNally Congratulates Comptroller Wilson, Treasurer Lillard on Re-elections to Their Constitutional Offices

Lt. Gov. Randy McNally (R-TN-0-5) said he was pleased to see Comptroller of the Treasury Justin Wilson and Treasurer David Lillard re-elected to their offices. McNally, who also serves as Speaker of the State Senate and was re-elected to those positions Tuesday, said Wednesday in a statement: I was pleased to see Comptroller Wilson and Treasurer Lillard win re-election overwhelmingly. As Comptroller of the Treasury, Justin Wilson keeps his eagle eye out for waste, fraud and abuse of public money wherever it occurs. Tennessee taxpayers are well-served with “The Wonderful One” as our money cop. As State Treasurer David Lillard manages the state’s money with great skill and expertise. Due to his hard work, Tennessee’s pension system is fully-funded and recognized as one of the best run in the nation. This state could not ask for a better individual to oversee the treasury. Our constitutional officers are the unsung heroes of our Tennessee success story. I continue to be grateful for their willingness to serve.” Gov.-elect Bill Lee tweeted, “Congratulations to Comptroller Justin Wilson and Treasurer David Lilliard on your re-elections today! These two men have been exceptional public servants for our state, and I look forward to working alongside…

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McNally Re-elected Tennessee Lt. Governor and Speaker of the State Senate

State Sen. Randy McNally (R-TN-05) was re-elected to a second term as Speaker of the Senate, and thus Lieutenant Governor, Tuesday. State senators met at noon Tuesday, the first organizational day of the 111th General Assembly to elect their speaker, according to a press release from McNally’s office. By state statute, the Speaker of the Senate holds the title of Lieutenant Governor. McNally has served in the positions since January 2017. Mark Norris, a federal judge in Memphis, swore in McNally as speaker and the members who were elected, WBIR reported. Norris was formerly the Senate Majority Leader until the U.S. Senate voted 51-44 in October to appoint him as a judge. Gov.-elect Bill Lee tweeted, “Congratulations to @ltgovmcnally and @GlenCasada.  I am honored to have the opportunity to work with both of you this session, and I look forward to what we can accomplish together to make this state an even better place for all Tennesseans.” Congratulations to @ltgovmcnally and @GlenCasada. I am honored to have the opportunity to work with both of you this session, and I look forward to what we can accomplish together to make this state an even better place for all Tennesseans. — Bill…

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Audit: TDEC Officials Not Following Tennessee General Assembly’s Wishes on Permitting Process

Officials with the Tennessee Department of Environment and Conservation did not prepare and submit permit efficiency reports for landowners the way they were supposed to, per a legislative directive. This, according to a Tennessee Comptroller’s Audit released this week. According to TDEC’s website, in 2012, members of the Tennessee General Assembly asked department officials to prepare two reports each year, in February and August, detailing the progress and efficiency of the environmental permit application process. Each report, the website went on to say, is composed of three topics, including land, air, and water permitting information, along with a summary. But members of TDEC’s management did not submit certain reports on time to the governor, members of the Tennessee General Assembly or to the public, as required, according to the audit. Since 2012, TDEC officials said they have had to produce more general reports that do not include detailed reasons for permit delays or individual processing times. Members of the Tennessee Comptroller’s Office say they studied those reports thoroughly. “Based on our review of the reports prepared during our audit period, the approximately 30-page reports consisted of mostly narrative information, along with a summary of numerical data,” auditors wrote. “The summary…

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Tennessee Republican Party Also Asks Legislature to Increase Number of Signatures Required on Petitions to Run for Public Office

The Tennessee Republican Party’s State Executive Committee voted to approve several election-related resolutions urging the 111th General Assembly to update the state’s election laws. The party issued a statement about the resolutions over the weekend. The GOP Executive Committee met Saturday. Resolutions included: Required Signatures for Public Office: This resolution asks the 111th General Assembly to increase the number of signatures required to run for public office to be equal to the level of office being sought. Timing for Special Elections: This resolution asks the 111th General Assembly to create a requirement for a special election to be called in the case of a vacancy within forty-five (45) days of the general election. In other business, the Tennessee Republican Party State Executive Committee re-elected Scott Golden to his second two-year term as party chairman. Also, the State Executive Committee passed a resolution urging the General Assembly to close the primaries to allow only registered party members. Tennessee Republican Party Chairman Scott Golden released the following statement on the resolutions: These common-sense resolutions will help maintain the integrity of our elections and elect the best-qualified Republican candidates to federal, state, and local offices. We ask that the General Assembly consider and adopt the…

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Commentary: The Migrant ‘Caravan’ Marching Northbound To Arizona, California, Nevada, New Mexico and Texas, and What The U.S. Constitution Has To Say About It

The United States Constitution does contain a few references relative to immigration and naturalization as well as to persons seeking to enter the United States in contravention of its laws — whether violently or non-violently and whether singly or in the form of a human tsunami. In its Article I, Section 8, Clause 4, the Constitution specifically grants Congress the power “To establish a uniform Rule of Naturalization….” By expressly allocating this capacity to Congress, the Constitution seeks to prevent the confusion which would inevitably result if an individual state could itself bestow U.S. citizenship upon a person not born within the boundaries of that — or any other — state. Construing Clause 4, the United States Supreme Court, in the 1892 case of Boyd v. Nebraska ex rel. Thayer, defined “naturalization” as “…the act of adopting a foreigner, and clothing him with the privileges of a native [U.S.] citizen.” In Clause 11 of that same Article I, Section 8, the Constitution authorizes Congress “To declare War…and make Rules concerning Captures on Land and Water….” Interpreting Clause 11, the High Court ruled in the 1795 case of Penhallow v. Doane that the war power of the United States government is…

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Republicans Retain Super Majority In The Tennessee General Assembly

While there will be plenty of new faces as the Tennessee legislature enters into its 111th general assembly, the total number of seats held by Republicans is reduced by one, but still carries the super majority status of both chambers through a volatile mid-term election. All 99 seats in the State House of Representatives, consisting of 74 Republicans and 25 Democrats, were up for election during Tuesday’s mid-term elections. There were a total of 24 House seats vacated prior to the primaries, several of whom ran for other elected positions at the local, state or national level. Additionally and quite remarkably, two House Committee Chairmen, Barry Doss (R-Leoma) and Tim Wirgau (R-Buchanan) were defeated in the August Republican primaries by first-time conservative candidates Clay Doggett (R-Pulaski) and Bruce Griffey (R-Paris) in Districts 70 and 75, respectively.  Both Doss and Wirgau voted for the gas tax increasing IMPROVE Act, which was a major factor in both races. It’s not as though Republicans didn’t have a fight on their hands, since just eight House Republican candidates went unchallenged by a Democrat in Tuesday’s elections, while nine had to battle both a Democrat and an Independent opponent. Meanwhile, House Democratic candidates got off…

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Video Allegedly Shows State Rep. Bo Mitchell Stealing Yard Signs For His Opponent Judd Cowan, Marsha Blackburn

New video footage allegedly shows State Rep. Bo Mitchell (D-TN-50) stealing yard signs for Republican U.S. Senate candidate Marsha Blackburn and Mitchell’s opponent, Judd Cowan, in Davidson County. The video is available to watch here. https://www.youtube.com/watch?v=kKwIVevDC2U U.S. Rep. Blackburn (R-TN-07) is in a hotly contested race with Democratic former Gov. Phil Bredesen for the Senate seat being vacated by Sen. Bob Corker (R-TN). House Majority Leader Glen Casada (R-TN-63) confirmed the identity of his colleague in the State House, according to a Tennessee Republican Party press release. “Bo has a bad reputation at the Capitol for his temper and lack of respect for his colleagues in the legislature,” Casada said. “Unfortunately, none of those that serve with him are surprised by his actions in this video. Instead of respecting the opinions of those they may disagree with, Democrats advocate for mob-like tactics in an attempt to silence the voices of those around them. As Tennesseans, we should never stand idly by and allow this type of dishonesty in our elections.” Tennessee Republican Party Chairman Scott Golden called for an investigation and for Mitchell to apologize to Cowan and voters. “It’s an incredibly petty and childish act, but unfortunately that’s what…

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JC Bowman Commentary: Collaborative Conferencing Limits Educators

Tennessee Star

Professional Educators of Tennessee fervently supports the right of educators to discuss working conditions and salary with their employers. There are flaws in the current Professional Educators Collaborative Conferencing Act (Public Chapter 378). Are there other options?  We believe so and toward that end, Professional Educators of Tennessee has begun to establish Education Leaders Councils in some districts to accomplish more for teachers.  It will help us cultivate true consensus building and address more critical issues. 

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State Senate Majority Leader Mark Norris Confirmed As Federal Judge in West Tennessee

Tennessee Star

State Senate Majority Leader Mark Norris (R-TN-32) has been named as a new federal judge in the Western District of Tennessee, leaving his position open in the state senate, The Tennessean said. The U.S. Senate voted Thursday evening to confirm Norris in a close vote. The tally was 51-44. “I recommended Senator Norris to the president, and I strongly supported Mark’s nomination,” U.S. Senator Lamar Alexander (R-TN) said. “He is respected by his peers around the country, having been elected chairman of the Council of State Governments, and has been an advocate and a champion for federalism and for the separation of powers.” Lt. Governor Randy McNally (R-TN-05) made a statement following the confirmation of Norris. McNally said, “Congratulations to my friend Mark Norris on his confirmation as U.S. District Judge for the Western District of Tennessee. Mark has been a smart and thoughtful legislator. He will be a smart and thoughtful judge. I have proudly served with Mark for many years. I have always admired the care and thoroughness he brings to public service. As our Senate Majority Leader, Mark has been an indispensable asset not just to the Senate but to state government as a whole. While we will…

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State Senator Johnson Hosts Annual ‘Boots And Jeans, BBQ And Beans’ Sunday in Franklin

Boots, barbecue, blue jeans and beans are meeting up with politics once again in Franklin. State Senator Jack Johnson (R-TN-23) is holding his 12th annual “Boots & Jeans, BBQ & Beans” event Sunday at 4 p.m. at The Factory In Franklin. Johnson’s event will feature live music from the Austin Brothers and Martin’s BBQ. The event also will feature an all-star lineup of Tennessee GOP figures, including: State Senator Randy McNally (R-TN-05), lieutenant governor U.S. Representative Marsha Blackburn (R-TN-07), Republican nominee for U.S. Senate Bill Lee, Republican nominee for governor State Senator Dr. Mark Green (R-TN-22), Republican nominee for Congress Brandon Ogles, Republican nominee for State House District 61 State Representative Glen Casada (R-TN-63) State Representative Sam Whitson (R-TN-65) Speaking about the event, Johnson said, “I am thrilled and honored to be able host my 12th annual Boots & Jeans, BBQ & Beans event. My family and I look forward to this all year and seeing all of our friends and neighbors come together for a family-friendly afternoon of BBQ and live music.” Event details and tickets are available here. Johnson has lived in Middle Tennessee since graduating from Texas State University with a degree in education, according to his…

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Tennessee State Lawmakers Gave Up a Section of the State Constitution When They Quickly Ratified The U.S. Constitution’s 26th Amendment

Back in 1971, the Tennessee General Assembly quickly ratified the 26th Amendment to the Constitution of the United States, which lowered the voting age in all elections–federal, state and local– to 18 in every state. By doing so, they voluntarily give up a section of the Tennessee State Constitution. Here’s that story: During the late 1960s and early 1970s, the Vietnam War — with which the United States was heavily involved — continued to rage overseas.  With so many American soldiers — several of them younger than 20 years of age — dying on the battlefields of a foreign land in this War, public opinion within the United States began to shift in terms of by what age a person should become eligible to vote.  At the time, an individual had to be at least 21 years of age in order to register to vote. But with the evolution in social sentiment occasioned at least in part by the Vietnam War, Congress began to take steps to lower that age from 21 down to 18.  A popular slogan of the day was “if you are old enough to fight for your country, then you are old enough to cast a…

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Former State Representative Jeremy Durham Continues to Fight for Vested Insurance Benefits

Despite the fact that in 2016 Connie Ridley, Director of Legislative Administration for the Tennessee General Assembly, specifically confirmed that State Representative Jeremy Durham was entitled to retain his health insurance benefits even if removed from the Legislature, the State of Tennessee subsequently terminated his health insurance access after he was expelled in a vote of the State House in Special Session. Durham continues to contest what he and his lawyers have termed an “unlawful” termination of his vested benefits. The case is currently awaiting a ruling by the 6th Circuit Federal Court of Appeals on whether a dismissal of the case for “lack of standing” by the trial court was proper or not. Unlike other former lawmakers who have been convicted of felonies and retained their health insurance benefits, Durham has never been charged with nor convicted of any crime. Nor was any complaint ever filed by any alleged “victim.” As noted by the Tennessean, former Sens. Ward Crutchfield, D-Chattanooga, and Roscoe Dixon, D-Memphis, were enrolled in the plan even after they were convicted of crimes related to the “Tennessee Waltz” bribery scandal. Crutchfield died in April, 2016. State Representative Roger Kane (R-Knoxville), who joined with legislators who voted…

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Tennessee and The U.S. Constitution’s 15th Amendment

Celebrating the 15th Amendment

The 15th Amendment to the U.S. Constitution, which granted freed former male slaves and any adult male citizen the right to vote,  was ratified by the requisite three-fourths of all states and added to the Constitution in 1870.  At the time there were 37 states, and when the 28th state ratified the amendment in February, 1870, the three-fourths standard was met. Tennessee was not among those 28 states. In fact, Tennessee did not get around to ratifying the 15th Amendment until more than 100 years later, in 1997. Here is that story: During the Reconstruction period in the American South, in the aftermath of the Civil War, three individual amendments were incorporated into the U.S. Constitution – each separated in succession by only a few years – pursuant to that document’s Article V. This trifecta ended a dry spell of more than 60 years of no amendments at all finding their way into the federal Constitution. The 13th Amendment, ending slavery, was adopted in 1865.  The 14th Amendment, defining citizenship status, came along in 1868 (although there is some question as to whether its ratification process was 100 percent strictly by-the-book).  And the 15th Amendment, granting to former male slaves –…

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