The week in politics: Tempers flare after Republican blocks honor for Nashville schools

House lawmakers had to physically separate House Democratic Caucus Chair John Ray Clemmons and Rep. Scott Cepicky, R-Culleoka, after Cepicky blocked a resolution to honor Metro Nashville schools and reportedly used an obscenity to insult the school system.

Cepicky had objected to a resolution sponsored by Rep. Caleb Hemmer, D-Nashville, which honored Metro Nashville Public Schools for their academic growth noted in a recent national report. The objection kicked the resolution off the consent calendar.

Clemmons said he approached Cepicky to ask him not to kill the resolution. The encounter quickly escalated, with other representatives rushing in to separate the two.

Cepicky reportedly used an obscenity to disparage Nashville schools.

"I didn't appreciate the offensive language that he used to describe our public schools, which are doing great things with too little resources," said Clemmons, whose children attend Nashville public schools. "It pissed me off."

Cepicky on Wednesday presented the House voucher amendment on behalf of House leadership in the House Education Administration Committee, which Clemmons called "embarrassing" in light of Cepicky's school insult.

"It's very upsetting that someone who has that low of an opinion of public schools is carrying legislation to destroy them," Clemmons said.

After the floor session, House Majority Leader William Lamberth, R-Portland, was seen leading Cepicky over to Clemmons desk, where the two briefly shook hands. Lamberth said it was a verbal altercation that "sometimes happens amongst adults," and said he didn't hear the obscenity.

"I never heard anything of that nature and would be, quite frankly, shocked if Rep. Cepicky had used a vulgarity of that nature," Lamberth said.

Verbal sparring between politicians is certainly not unheard of, but the Thursday incident is indicative of broader tensions that continue to plague the House week after week, where floor sessions feel increasingly on edge as personal tensions remain volatile among members.

Senate approves constitutional amendment to deny bail in heinous cases

A proposed constitutional amendment to give judges discretion to deny defendants bail in certain heinous cases passed the full Senate on Thursday ― the first floor vote of four before voters could have the last word.

SJR 919 would allow judges to deny bail to defendants charged with terrorism, murder, aggravated rape of a child, aggravated rape, and grave torture. Judges and magistrates would be required to record the reasons for granting or denying bail for such offenses.

Senators approved the measure in a vote of 22 to 6, with Sen. Todd Gardenhire, R-Chattanooga, opposing. Gardenhire argues that the measure would cause jails to fill up, creating higher costs for local governments, and possibly the state. Sens. Frank Niceley, R-Strawberry Plains, and Rusty Crowe, R-Johnson City, voted present.

“Everyone in America should have the opportunity to be considered innocent until proven guilty,” said Senate Democratic Leader Raumesh Akbari, noting "catastrophic effects" bail denial could have on defendant's work, family life, and ability to prepare for their own defense.

The measure is backed by House Speaker Cameron Sexton, R-Crossville, who applauded its passage Thursday.

"Tennesseans deserve to feel safe in their communities and this amendment will give judges another tool in their toolbox to curb violent crime in our state," Sexton said in a statement on social media.

To change the state Constitution, proposed amendments must be approved by two separate General Assemblies: first by simple majority, and then again after an election year by two-thirds vote. If approved this year, this proposed amendment would have to be approved in 2025 or 2026 by a two-thirds vote of the legislature before it could appear on the 2026 gubernatorial ballot.

If it does, it would need approval by popular vote of more than half the number of voters participating in the 2026 gubernatorial election.

Fiscal analysts now believe franchise tax reform will cost the state $1.5B

A measure backed by Gov. Bill Lee that would restructure the way Tennessee calculates franchise taxes for businesses will cost the state $300 million more than Lee originally proposed, fiscal analysts have determined.

Lee’s biggest-ticket item in his $53.6 billion budget proposal this year is more than $1.6 billion in tax breaks for an estimated 100,000 businesses, in a $400 million franchise tax restructure and $1.2 billion in franchise tax refunds. Administration officials have indicated that the changes and refunds are necessary to avoid legal action from businesses.

But fiscal analysts have determined that if all of the 100,000 business that would be eligible to seek a refund under the legislation actually did so, it would cost the state $1.56 billion – not the $1.2 billion originally included in the governor’s budget – bringing the total price tag for Lee’s franchise tax reform to just under $2 billion this year, plus another $1.6 billion in recurring annual costs over the next four years.

“This is actually a perfect example of when the administration makes a proposal in their budget, then the independent arm of the Fiscal Review then looks at the information then they come up with what they think the cost will actually be,” Senate Finance Committee Chair Bo Watson, R-Hixson, said.

Lt. Gov. Randy McNally, R-Oak Ridge, clarified that the original figure was calculated based on the number of businesses estimated likely to actually pursue a refund from the state.

“In the legislature’s amendment, we’ll have to make up the difference between those two, which is going to be roughly $300 million,” Watson said.

State officials have declined to name the 80 companies that have already sought franchise tax refunds from the state, a move that Finance Commissioner Jim Bryson says prompted the proposed change, citing laws protecting taxpayer confidentiality and attorney-client privilege.

The measure has stalled in the House after recent discussion. Sen. Jeff Yarbro, D-Nashville, said during a committee hearing that he is unaware of any circumstance where a state was forced by a court to refund businesses if a tax rule is deemed unconstitutional.

“I think everyone understands the need to reasonably cut off any risk here,” Yarbro said. “But the practice in this, sort-of historically, has been to afford states very wide flexibility in how they shape these remedies.”

Secret tourism records bill may hit speed bump in Senate

A bill backed by the Lee administration that would allow the Tennessee Department of Tourism to keep some of the agency’s records secret may hit a speed bump in the Senate.

House Bill 1692 passed the House, but has not yet been taken up in the upper chamber. McNally expressed skepticism over the plan on Thursday.

“I think keeping documents out of the view of the public for any length of time certainly deserves a lot of scrutiny before we’d pass something like that,” McNally said. “I’m sure our Senate committees will review it very carefully.”

Beacon Impact, advocacy arm of the conservative Beacon Center of Tennessee, opposes the measure, and have expressed concerns to the Senate sponsors.

"Beacon Impact opposes the bill and lack of transparency when it comes to how tax dollars are spent," Director of Government Relations Jordan Long said. "While we oppose the bill, we are not actively lobbying against it. However, we are having ongoing discussions on how best to clarify the language and to bring their exemption in line with ECD's."

Senate Majority Leader Jack Johnson, R-Franklin, who is carrying the bill for the governor, said the bill is designed to allow the Department of Tourist Development flexibility to keep proprietary company information private – similar to existing policy at the Department of Economic and Community Development.

“The state does negotiate with private sector entities and when those negotiations are in the early stages, we don't want to put private companies’ proprietary information available,” Johnson said. “Obviously, if something ends up culminating in some type of an agreement or partnership with the state, then obviously everything is made fully available as fully transparent.”

If passed, the bill would allow records deemed sensitive to be kept secret for up to 10 years.

“We all very much believe in transparency,” Johnson added. “But if you're in those very early stages in negotiations with a company that may not end up amounting to anything, we don't want to put their proprietary information at risk.”

House passes bill on AG office salaries

The House on March 4 passed legislation to tweak the attorney general's ability to increase salaries in the office, including his own.

Rep. Andrew Farmer, R-Sevierville, carried the bill and argued the changes were necessary to retain employees who could pull higher compensation in the private sector. In budget hearings earlier this year, the AG's office cited turnover and opening concerns, in addition to considering options like opening satellite offices in an attempt to boost recruitment.

"By the time we have folks that come in, and we train them, and they're doing a good job, private industry comes and plucks them out," Farmer said in committee.

The office is currently paid once a month, and the change would allow weekly or biweekly payments.

Attorney General Jonathan Skrmetti currently makes $219,144 and his salary is currently capped not to exceed the salary of an associate justice on the Tennessee Supreme Court. Farmer's bill would allow his salary to increase to that of a class 1 official, the highest pay grade for a state employee that can rise to $264,600.

Any salary changes would have to fall within the existing budget appropriation

Confirmation vote set for new TN Supreme Court justice

A joint convention of the House and Senate to confirm Judge Mary Wagner of Shelby County to the Tennessee Supreme Court is scheduled for Monday, March 11.

The Senate Judiciary Committee unanimously approved Wagner on Tuesday. During the hearing, Wagner described herself to committee members as “both an originalist and a textualist,” saying that overturning precedents “must be done sparingly and cautiously.” Members from both sides of the aisle hailed Wagner as an excellent choice for the court.

“The governor got something right,” said Sen. Sara Kyle, D-Memphis.

Wagner is Lee's third appointment to the high court since taking office in 2019. If confirmed Monday, Wagner will take Justice Roger A. Page's seat on the five-member court after his retirement on Aug. 31, 2024.

More: Gov. Lee picks Memphis judge Mary Wagner for upcoming Tennessee Supreme Court vacancy

Catch up on the week

Tennessee House GOP blocks local police reform over Tyre Nichols' family objections

School vouchers: TN House, Senate panels advance vastly different plans for expansion

Tennessee GOP blocks IVF protection bill in committee over abortion concerns

Tennessee Gov. Bill Lee to attend Biden State of the Union as Sen. Bill Hagerty's guest

Got a question for us?

Got a question about state politics you would like us to tackle? Let us know. Email us at mabrown@tennessean.com, vjones@tennessean.com or statehouse@tennessean.com.

Rachel Wegner contributed to this report.

This article originally appeared on Nashville Tennessean: Week in politics: Tempers flare over honor for Nashville schools