The week in politics: GOP leaders defend enforcement of unwritten rules on Capitol access

As members of the public prepare to attend the governor's State of the State address on Monday, they'll have to call their state representatives to find out how the new House Gallery ticketing system works.

House Speaker Cameron Sexton, R-Crossville, said Thursday he has no intention of writing down or publicly publishing the policy that governs public access the west House gallery.

"No, the policy is what it is," Sexton told reporters on Thursday when asked if the policy would ever be written down. "That side is open to the public, that side is ticketed and members have the tickets."

State Troopers and sergeant at arms began enforcing the new rule on the first day of the legislative session, before any announcement was made of its existence.

But while it's certainly being enforced by uniformed law officers, the rule governing the public access the west gallery never went through any formal process of adoption or approval by members, nor has it ever been voted on.

Despite multiple requests from The Tennessean to the Speaker's office and the House Clerk's office, no written copy of the ticketing rule has been provided. The House Rules of Order require every meeting of the House of Representatives to be open to the public. The east gallery of the House remains open to the public on a first-come, first-served basis.

Other rules governing public participation in Tennessee House Galleries ― such as a rule that gives the speaker authority to clear spectators from the gallery if they are disorderly ― are written down in the House Rules of Order and required to be adopted by the House Rules Committee and confirmed by the body on the floor.

Sexton's office has consistently likened the rule to the U.S. House of Representatives, which requires tickets to watch proceedings from the gallery. But the congressional policy is written down, publicly available, and has stood for decades.

It's not the only time this session where law enforcement has enforced an unwritten, unannounced rule.

More: Tennessee House ticketing: How the First Amendment affects new policy set by House Speaker

On Wednesday, a spectator was removed from a committee after recording part of the hearing on a phone ― something House Rules of Order do not prohibit any member of the public from doing.

House K-12 Education Subcommittee Chair Rep. Kirk Haston, R-Lobelville, announced to the audience that any recording of the committee proceedings is prohibited.

Minutes later, the House sergeant at arms approached the spectator, Aiden Pratt of Nashville, who was holding up a phone and apparently recording, and told Pratt to leave. Pratt asked to remain and view the proceedings, and asked the sergeant at arms to cite what rule prohibited recording.

The sergeant at arms did not cite a rule. Pratt eventually left, incensed. Pratt had not been disruptive in any way prior to being approached to leave.

After the incident, Haston told The Tennessean in a statement that "it is important that everyone follows the rules and is respectful of others."

No member of House leadership has since acknowledged whether there is a written, publicly available rule that prohibits members of the public from recording during proceedings.

House leadership on Thursday claimed without evidence that Pratt was first thought to be a staff member or intern.

Democrats vow ‘there will be more to come’ on ed chief’s credentials

After calling for Tennessee Education Commissioner Lizzette Reynolds to resign as she lacks the teaching credentials required under state law, House Democrats are indicating that more action may be coming in their quest to oust the education chief.

“We're not going to take that as the final answer is the bottom line,” said Rep. Sam McKenzie, D-Knoxville. “Anyone that can read, that can pass the third grade and look at her resume, her body of work, knows she’s not qualified.”

Gov. Bill Lee appointed Reynolds to lead the state education department in June. Reynolds previously led policy efforts at ExcelInEd – a national education group that advocates for school choice – and before that managed legislation for the state education agency in Texas. She has no classroom experience and does not appear to be licensed to teach in Tennessee.

Lee has defended Reynolds amid the criticism.

“There was a full vetting process for the Commissioner of Education and she meets those qualifications,” Lee said. “I have every good faith in her, and I have every belief that she will be successful going forward. … She is very good at what she does. I’m very proud to have her there.”

Lee’s office confirmed that Reynolds is currently enrolled in UT Martin’s Teacher Preparation Program – a requirement for obtaining a teaching license in Tennessee.

“The governor has a wide range to pick from,” McKenzie said. “I don’t know if we’ll be filing a lawsuit, but there will be more to come.”

Private schools handgun carry policy bill sails through committees

A bill that would authorize K-12 private schools to develop handgun carry policies for their school campuses is swiftly advancing through the House committee system.

Sponsored by Rep. Gino Bulso, R-Brentwood, the bill sailed through the House Civil Justice Committee without debate on Wednesday. It now moves to the Education Administration Committee.

Republicans propose $23.8M tax cut on infant diapers, formula

Two Republicans are proposing a $23.8 million tax cut on infant diapers, wipes, and formula. House Bill 1637 would exempt diapers, wipes and formula from the state’s 7% sales tax for one year. The bill is sponsored by Rep. Greg Martin, R-Hixson, and Sen. Adam Lowe, R-Calhoun.

“We are a pro-life state. We want to be people who care about the unborn – and the born,” Martin told the House Finance, Ways and Means Subcommittee on Wednesday. “This is a way that helps some of the poorest people in our state have relief.”

Families with children in diapers spend $1,080 per child on average each year, according to the National Diaper Bank Network, and an average of more than $70 each year in state sales taxes. About 55% of infant formula in Tennessee is purchased through WIC, and not subject to taxation. Diapers are not eligible for purchase through WIC, so even the poorest Tennessee mothers are required to pay 7% sales tax to diaper their babies. Most childcare centers require mothers to provide a day's supply of diapers as a condition of providing care.

Nineteen states, including Texas and Florida, have permanently exempted these items from sales tax.

The bill is projected to cost the state $23.8 million. Due to the costs, the bill was delayed for consideration after the state budget.

Blackburn, Johnson announce fundraising hauls

Since launching a bid to challenge incumbent U.S. Sen. Marsha Blackburn last September, Tennessee Rep. Gloria Johnson, D-Knoxville, has raised $2.3 million in campaign donations ― a record amount for a Democrat in the first two quarters of a campaign. Johnson raised more than $1 million during the fundraising quarter that ended Dec. 31, according to a news release from her campaign.

“I’m deeply touched by the overwhelming outpouring of support that has come from those in every corner of our state, and beyond,” Johnson said in a statement from her campaign.

Blackburn raised $2.5 million in the same period, and ended the year with $7.4 million in her war chest.

Lee to visit Eagle Pass with 14 GOP governors this weekend

The day before delivering his State of the State address, Lee will travel to Texas to visit Eagle Pass on the U.S. Mexican border. He will join Texas Gov. Greg Abbot and 13 other Republican governors while there.

Lee’s visit comes after Abbot accused the Biden administration of breaking the compact with states by failing to close the southern border. Lee and several other state officials reiterated support for the Lone Star State in its unilateral action toward border security last week.

The governor’s office did not notify the media of his pending travel, nor has the office made any public statement on the governor’s participation in the trip.

Three Tennessee Republicans vote against expanding child tax credit

Tennessee’s Congressional delegation was split Wednesday as the U.S. House of Representatives cast votes on the $78 billion Tax Relief for American Families and Workers Act – which would expand corporate tax breaks and the child tax credit through 2025, yielding larger tax credits for families with children as soon as this year.

The measure passed with overwhelming bipartisan support in 357-70 vote. It’s now advanced to the U.S. Senate.

Among the 70 members who opposed the measure were U.S. Reps. Scott DesJarlais, R-South Pittsburg, Mark Green, R-Clarksville, and Andy Ogles, R-Columbia.

“While there were some provisions in the tax bill worthy of supporting, I could not ultimately support a bill that also expands tax credits for individuals not paying taxes already, disincentivizes able bodied people from working by providing credits to those not working at the same level of those that are trying to work, and also fails to close loopholes that have allowed people in this country illegally to exploit and claim these credits at a cost of billions of dollars," DesJarlais told The Tennessean in a statement.

Tennessee’s other six members supported the bill.

“This bill restores three key tax provisions that will help create more jobs, reinvigorate our economy, and maintain U.S. competitiveness abroad,” Rep. David Kustoff, R-Germantown, said in a statement. “I am pleased to support this pro-growth, pro-worker, pro-American bill that provides critical relief to families and businesses across the country.”

Green and Ogles’ offices did not respond to requests for comment.

AG calls National Guard bill ‘constitutionally suspect’

House Bill 1609 would prohibit the Tennessee National Guard from being released into federal active duty combat unless the U.S. Congress declares war. The bill makes exceptions to expressly execute the laws of the union, repel an invasion, or suppress an insurrection.

The bill is sponsored by Rep. Jay Reedy, R-Erin, and eight other House members have signed on. But the bill, if passed, would draw legal challenges.

In an opinion issued this month after a request of Reedy and Sen. Rusty Crowe, R-Johnson City, Attorney General Jonathan Skrmetti says the proposal is “constitutionally suspect” under the Supremacy Clause of the U.S. Constitution.

“While the constitutionality of the War Powers Resolution has been questioned, it remains controlling federal law,” Skrmetti wrote in the opinion. “Under the War Powers Resolution, Congress may authorize the president to use military force without a declaration of war, and even when Congress may decide to make a declaration of war, the War Powers Resolution allows the president to use military force before any such declaration is made.”

Transgender chaplain makes House history

United Church of Christ chaplain Dahron Johnson made history at the House of Representatives on Monday as the first openly transgender person to give the opening prayer before the body. Johnson was invited by freshman Rep. Aftyn Behn, D-Nashville.

Though the majority of members are typically seated inside the House chamber before the opening prayer and pledge, a group of Republicans entered the House following Johnson's prayer.

Bog turtles, hot slaw and 'Christian Heritage Month'

Among the many proposals to add designations for official state symbols, Rep. Rusty Grills, R-Newbern, is seeking to designate November as "Christian Heritage Month" to encourage Tennesseans to study the significance of Christianity to the state. November is already nationally designated as Native American Heritage month.

Meanwhile, Rep. Justin Jones, D-Nashville, and Sen. Sara Kyle, D-Memphis, are sponsoring a bill to designate the bog turtle as an official state reptile of Tennessee.

Bog turtles are the smallest turtles found in North America, measuring about 4.5 inches long. The species is classified as federally threatened on the U.S. Fish and Wildlife Service’s Endangered Species List. Loss of the mountain bog habitat has become a significant threat to the southern population of bog turtles, according to The Nature Conservancy. With their populations in steep decline, only about 2,000 bog turtles remain in the southern Appalachia region.

Currently the Eastern Box Turtle is the only designated state reptile, designated in 1995.

Yet another proposal by Sen. Adam Lowe, R-Calhoun, to designate hot slaw as an official state food passed the Senate in a 31-0 vote Thursday – one of the first bills approved for final passage in the chamber this session.

Hot slaw is popular in Cleveland, Tennessee, which hosts an annual festival each year. But the Senate amended the bill to make it "an official state food" rather than "the official state food."

Smoking program funding

The American Cancer Society is asking lawmakers to increase funding for the state’s tobacco prevention and cessation program from the current $2 million to $13 million. The Centers for Disease Control and Prevention has recommended Tennessee invest $75 million in the Department of Health’s smoking prevention program.

Tennessee has the third highest adult smoking rate in the country, and ranks third in smoking-attributed cancer deaths. According to a 2013 California study, every dollar spent on tobacco prevention programs, states save $55 in averted tobacco health care costs.

Human Rights Commission on the chopping block?

Sen. John Stevens, R-Huntingdon, wants to immediately terminate the Tennessee Human Rights Commission, an independent state enforcement agency that monitors compliance with federal civil rights laws and investigates discrimination complaints in housing, employment, and public accommodation areas.

Senate Bill 2503 would terminate the commission with no wind-down period and transfer its duties to the attorney general's office.

Catch up on the week

House GOP bill would block local governments from returning expelled lawmakers to office

Amid Covenant lawsuits, new bill would block outside intervention in public records cases

Rep. Jones declines to lead House in pledge; Top GOP leader calls for resignation

Tennessee Democrats outline legislative agenda aimed at supporting working-class families

Tennessee bill to ban pride flags in public schools delayed amid intense debate

Gov. Bill Lee's school voucher expansion bill draft: Here are new details on the proposal

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This article originally appeared on Nashville Tennessean: Legislative access: House GOP leaders defense unwritten rules