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

After nearly two hours of debate, the Tennessee House of Representatives formally adopted new rules Wednesday banning members from using papers and visual aids to explain legislation and implementing a 5-minute time limit on bill presentations in committee.

The controversial rules package also includes a measure allowing the House to silence members found to be out of order during a House session. Members voted 70 to 19, overcoming stringent objections from Democrats, to adopt the rules, first recommended by the House Rules Committee on Monday.

"There has been much conversation about limiting the voices of the people and even representatives in the people's House ― and actually, Mr. Speaker, I agree," Rep. Jason Zachary, R-Knoxville, said during debate. "Voices have been silenced, Mr. Speaker. There are many in this body that monopolize the time that silences the voices of the vast majority of district across the state."

Zachary brought a list of the total times spent speaking on the House floor for every member during the last regular session from January to April, compiled by the House clerk.

"Who has spoken the most on this House floor? Who has monopolized debate on this house floor?" Zachary asked, before beginning to read the list.

Rep. Justin Pearson, D-Memphis ― one of the newest members of the House ― has spoken on the House floor more than any other member, with comments totaling 3 hours and 43 minutes, according to the tally Zachary release. House Minority Caucus Chairman John Ray Clemmons, D-Nashville was second, with a total of 2 hours and 16 minutes of speaking time. Rep. Justin Jones was third, with 2 hours and 12 minutes.

"The top nine speakers on the House floor over the last year are all from the minority party," Zachary said. "There is not a Republican on this list that shows up until number 10."

Pearson and Jones had considerable speaking time as House Republicans expelled the two in April. They were quickly reappointed and won election again last year.

House Majority Leader William Lamberth, R-Portland, came in 10th place, with 40 minutes and 44 seconds of debate time in the last year.

As Zachary spoke, Jones and Pearson, along with a few spectators in the gallery, broke out in applause.

"The trajectory, that changed over the last year and a half because of those that come here to promote their own agenda, push themselves, represent themselves, and lift themselves up, versus being concerned about what goes on in the rest of the state," Zachary said. "Members' voices are being silenced. We need these rules to ensure everybody in this House has the opportunity to speak and that those who are here to monopolize don't have the opportunity to do that any longer."

Zachary sat down to thundering applause from his colleagues in the majority.

"There was a representative who mentioned that I spend as much time as possible advocating for District 86, and I want to thank you for that, because my constituents' voices do matter," Pearson responded. "My constituents' opinions do matter, and they need the opportunity that I get to advocate for the issues that they care about."

Debate Wednesday focused on approving a package of proposed rules rules adopted by the House Rules Committee on Monday.

The committee voted down all proposed changes except for those in a GOP caucus package presented by House Majority Whip Johnny Garrett, R-Goodlettsville. Committee members on Monday axed proposals to ban guns in committee rooms (they are currently prohibited in the House chamber), extend debate on bills from the current 5 minutes to 15 minutes, and require members elected by special election to be appointed to committees immediately upon arrival to the body.

More: TN House rules panel allows members to carry guns — not visual aids — in committee rooms

In considering the rules package on Wednesday, the House was required to vote on proposed rules changes from the committee as a whole, without opportunity to amend them unless there is a vote to suspend the rules – which would have required confirmation from the majority of the controlling Republican Party.

Jones calls Sexton 'drunk with power,' is voted out of order

During debate, Jones described an incident during which he claimed a member of the House Speaker Cameron Sexton's security detail did not allow Lamberth to get on an elevator with the speaker.

"He pushed the Republican leader and said you cannot get on with the speaker," Jones said. "I want to make clear that these rules are not about Democrats versus Republicans. But it's about each of us as members and a speaker who is drunk with power."

Sexton's office declined to comment on the incident and deferred to the Tennessee Department of Safety. The Department of Safety did not respond to a request for comment from The Tennessean. Lamberth did not immediately return a request for comment Wednesday.

Immediately, Rep. John Ragan, R-Oak Ridge, called Jones out of order. Members voted 68 to 20 in favor of finding Jones out of order.

Under the current rules in effect, Jones was required to sit down. If found out of order under the new rules, his speaking time would be reduced from 5 to 2 minutes.

Members found out of order to be immediately silenced

Despite objections from Democrats, House members approved a new rule to temporarily silence members ruled out of order by the speaker, and confirmed by a majority of members.

"What happens when we have members that don't ever want to be on topic? In a baseball game, we have an umpire: we have someone at bat, when you get three strikes, you're out," Garrett said. "That's what these rules are designed to do, is effectively promote the democracy that's debated in this House."

For a first out-of-order offense, the member will not be able to participate in any further discussion of the that current subject. If found out of order a second time, the member will have their speaking time reduced from 5 minutes to 2 minutes. On a third violation, the member will be barred from speaking on the floor for two legislative days.

"The creation of new rules that are rooted or stem from injustice still are unjust rules," Pearson said. "Rules that are meant to penalize and meant to attack other members, just because they become rules, don't make them right."

Bill presentations limited to 5 minutes

Under the new rules, members will have only 5 minutes to present bills in committee, matching the bill presentation time limit that already exists on the House floor. Democrats repeatedly proposed to extend that to 10 or 15 minutes during the Rules Committee meeting on Monday.

"Why are we limiting debate if we're a deliberative body, and our premise is to consider bills?" said Rep. Vincent Dixie, D-Nashville.

Lamberth argued the new rule will expand debate opportunities. Another rule gives the speaker authority to extend the time for debate on a bill, in coordination with party leadership. Debate time would be evenly divided between members of both parties, with participation managed by party leadership.

House Minority Caucus Chair John Ray Clemmons, D-Nashville, argued that the time limit is “arbitrary.”

“That is very concerning,” Clemmons said. “We have a voucher piece of legislation this year that is a very complex idea and policy. The fact that we can set a time limit on that bill to be limited to five minutes on the House floor is very concerning.”

Visual aids banned, guns permitted in committees

Among other provisions, lawmakers limited "welcoming and honoring" comments typically made at the beginning of each session, and prohibited members from using visual aids, props, or papers while presenting bills in committee. Lawmakers voted down a proposal from Jones to prohibit carrying of guns in committee rooms.

Members of the public will continue to be allowed to carry paper-sized signs in committee rooms and in the House gallery.

In the House, parliamentary inquiries and points of order will now be handled privately through party leaders in coordination with the House parliamentarian.

“When there is a point of order or parliamentary inquiry – that is not an opportunity for us to just continue to debate," Lamberth said. "That is an opportunity to really get an answer to your question."

Vivian Jones covers state politics and government for The Tennessean. Reach her atvjones@tennessean.com. 

This article originally appeared on Nashville Tennessean: TN House: New rules adopted on debate, visual aids, silencing members