The week in politics: Why these special session bills are getting pushed again

Rep. William Lamberth R- Portland, discusses a bill with Rep. Johnny Garrett R- Goodlettesville, during the second day of legislative session at Tennessee State Capitol in Nashville , Tenn., Wednesday, Jan. 10, 2024.
Rep. William Lamberth R- Portland, discusses a bill with Rep. Johnny Garrett R- Goodlettesville, during the second day of legislative session at Tennessee State Capitol in Nashville , Tenn., Wednesday, Jan. 10, 2024.

Tennessee representatives are re-filing some bills passed by the lower chamber in the August special session that ultimately died after inaction from the state Senate.

"We've been in a lot of conversations with our Senate colleagues," House Majority Leader William Lamberth, R-Portland, said. "We hope those will be successful in the Senate as they were in the House in the special session, and we can make some of those law."

More than 100 bills died during the special session amid an icy impasse between the two chambers.

Among the bills to be considered is HB 1695, which would block public access to autopsy reports of children who died by homicide, a measure backed by Covenant families but flagged by open records advocates over concerns about how it could reduce accountability in criminal cases.

Lamberth has re-filed HB 1645, which would expand eligibility for lifetime orders of protections to victims of aggravated stalking. The measure passed the House unanimously in August.

House Speaker Cameron Sexton's office confirmed his plans to file a version of a special session bill that aimed to centralize Tennessee’s courts public case data.

Democrats, meanwhile, have filed legislation that was not allowed within the call of the special session, such as HB 1667, which would allow local governments to regulate storage of a firearm in an unoccupied vehicle.

The bill, sponsored by Rep. Caleb Hemmer, D-Nashville, would apply to counties with a population over 98,800. Hemmer has long been critical of "sky high" rates of gun thefts from vehicles in Davidson County. Democrats last year called for legislation with teeth to require firearm safe storage, but Republicans were resistant to adding any legal requirements and only passed incentive measures on the issue.

Education commissioner answers questions about school vouchers

Tennessee Education Commissioner Lizzette Reynolds provided an update on the state's existing school vouchers funded with public dollars, known as the Education Savings Account program.

Gov. Bill Lee's latest proposal seeks to eventually expand vouchers to all families through a new program he is pitching lawmakers on this year. However, the current program, launched in the 2022-23 school year after years of legal challenges, only accepts students from families with limited income that are zoned to attend schools within Memphis-Shelby County Schools, Metro Nashville Public Schools, Hamilton County Schools and the state-run Achievement School District.

Reynolds leveled with the Senate Education Committee Wednesday about lagging standardized test scores among the roughly 2,400 students in the program. The students performed lower than their peers in traditional schools. School administrators say that number may be more indicative of the student population the program is designed to reach ― or administrative hiccups due to the swift rollout of the program weeks before school began.

"The results aren't anything to write home about," Reynolds said. "But at the end of the day, the parents are happy with this new learning environment for their students."

She pointed to a survey that showed that more than 90% of ESA parents were very satisfied with their student's academic growth. Senate Minority Leader Raumesh Akbari, D-Memphis, said while parent satisfaction is key, the test scores — and the limited data on the program so far — are important to note.

"We only have a year-and-a-half of data and we're already talking about expanding the program, so I just want us to keep that in mind," Akbari said. “We also want the students that are taking public dollars to be performing either at or higher ... than those students that are in traditional public schools."

ESA legal fight continues with appeals court ruling

Meanwhile, the Tennessee Court of Appeals ruled that a panel of judges was wrong to dismiss a lawsuit by parents and taxpayers challenging Tennessee’s current school voucher program on Wednesday.

Under the Tennessee Education Savings Account program that went into effect in 2022, students in Davidson and Shelby counties are eligible receive vouchers of about $8,000 to enroll in private schools. The plaintiffs argued that the program unfairly targeted the two counties and diverted away funds that would have gone to their public schools.

A three-judge panel dismissed the case in November 2022, partly based on the finding that the program had not created an unequal hardship on the affected counties. The appeals court ruled that the panel “erred by deciding factual disputes over the impact of the [program] on Plaintiffs at the motion to dismiss stage.”

“Plaintiffs alleged enough in their amended complaint to establish standing both as parents and taxpayers,” the appeals court wrote.

Previously, the Tennessee Supreme Court ruled the ESA program did not violate the state Constitution's home-rule provision by initially limiting the program to just two counties. Hamilton County was added to the program after the high-court's ruling.

Koch-funded Americans for Prosperity canvassing for Nikki Haley

Americans for Prosperity Action is spending significantly in an effort to turn the tide for former South Carolina Gov. Nikki Haley’s presidential bid in Tennessee. The Koch-funded national advocacy group AFP Action formally endorsed Haley last year.

Haley remained in third and fourth place in several statewide GOP primary polls in 2023, consistently falling behind former President Donald Trump and Florida Gov. Ron DeSantis.

According to an exclusive Tennessean/Sienna College poll, about a quarter of Tennesseans – 24% – remained undecided on their presidential preference as of November.

More: Tennesseans back Trump but a nearly third of GOP says party on the wrong track, poll shows

Operatives with AFP Action have been knocking doors for Haley across the state, and the organization is also funding digital ads and mailers across the state.

Presidential primary elections will be held on March 5 and early voting will occur from Feb. 14 through Feb. 27. The last day to register to vote in the March 5 elections is Feb. 3. Individuals who wish to register to vote or check their voter registration status can visit the Tennessee Secretary of State website at GoVoteTN.com.

Swann to leave open state Senate seat

Longtime lawmaker Sen. Art Swann, R-Maryville, announced Tuesday that he will not run for reelection this year, leaving an open Tennessee Senate seat in District 2.

“It was a difficult decision, but we all have a shelf life here – and I’ve had two,” Swann, 71, said on the Senate floor. “It’s been a real experience, something that I’ll cherish for the rest of my life. You all have been great friends, all of you, Democrats and Republicans. I won’t forget you – and I’ll be watching from home.”

Swann has represented the district since 2017, when his predecessor Sen. Doug Overbey was appointed as U.S. Attorney for the Eastern District of Tennessee. He previously served in the House since 2010.

District 2 includes Blount, Monroe, Polk, and part of Bradley counties.

Finance Commissioner shares economic outlook

Overall, the Tennessee's finances remain on solid footing, but years of high tax revenue growth are behind us, a state commissioner told lawmakers this week.

“We do expect much slower economic growth in this upcoming year,” said Jim Bryson, commissioner of the Tennessee Department of Finance and Administration.

Bryson told lawmakers to expect "much slower budget growth in the coming years."

Since August, the state has fallen short of projected revenues, but Bryson said Tennessee is still in "excellent" economic condition due to a "history of conservative budgeting."

The state funding board in Novemeber revised its projected growth rate that leaves a $718 million budget gap.

Bryson the state has had wiggle room to avoid dipping into reserves.

Still, lawmakers will likely look to cut back on spending during budget considerations this year.

Catch up on the week

Proposed bill would block state courts from overturning legislature's rules

Public faces new restrictions on watching legislative action as TN lawmakers return to work

Why more women are joining a lawsuit challenging Tennessee's abortion ban

Gov. Bill Lee proposes 'ELVIS Act' to protect musicians, songwriters from misused AI

Tennessee House adopts new rules setting strict debate limits, banning visual aids

New House bill would expand who can challenge books in Tennessee public schools

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 and Evan Mealins contributed to this report.

This article originally appeared on Nashville Tennessean: TN legislature: Special session bills on gun safety, records revived

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