Tennessee House of Representatives 112th House Local Government Committee, 3 Mar 2021

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From YouTube: House Elections & Campaign Finance Subcommittee - March 3, 2021 - House Hearing Room 2

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House Elections & Campaign Finance Subcommittee - March 3, 2021 - House Hearing Room 2

A

All right, let's begin by taking the role madam secretary.

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Representative hall's claw representative love representative manus, representative shaw, representative williams, representative wright here, chairman crawford chairman rudd.

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Red you have a quorum.

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Thank you. um Thank you all for being here today. Of course, my name is tim rudd. I'm delighted to be chairman of the committee again this year uh joining us each week are some individuals that are instrumental in this committee's operation, and I want to thank all them for being here and they are my assistant, executive assistant, trisha, higna, research, analyst nathan, whit our other research. Analyst is elizabeth ashwood when she helps us and legislative attorney, doug garrett.

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Also, our clerk is here: uh connor lynn, kowitzky, mccoskey, I'm getting close and the sergeant of ours land and deal. Thank you. As always. I asked members to introduce themselves if we can begin with uh representative shaw. Our love. Excuse me, I didn't. I can't it's hard for me to see through this plexiglas.

D

Thank you, mr chairman and good morning, members uh good afternoon. I'm sorry, harold, love state representative house, district 58 here in nashville tennessee, my first time on this committee, but certainly looking forward to looking at some good legislation and voting on. Thank you, mr chairman,.

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Thank you, mr chairman, johnny shaw, district 80, west tennessee, uh basically, a rural district for the most part uh there's some parts of jackson. That's become urban, but mostly rural spending. My 21st year here in the legislature first time on this committee, looking forward to it looking forward to joining and not only of serving but learning a lot about election laws. Thank you.

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And I'm um I say: I'm tam rudd. I represent the 34th district of southwest murfreesboro, south smyrna and southwest redefer county chairman crawford.

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I'm representative john crawford, I represent the first district, which is the very northeast tip of the state, and we are just the most beautiful place in tennessee in my opinion, and I'm happy to serve on this committee.

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Dave wright district 19., that's the rural east side of knox county and I'm really glad to be on this committee.

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Representative ryan williams from house district, 42, cookeville, baxter and all good there in putnam county. um I know a little bit about election law from doing it wrong, probably but um anyways a pleasure to be here.

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I'm eddie manis from district 18. that is kind of the middle of west knoxville and then northwest knoxville, and I am, I think, I'm the only freshman on this committee. I think so I'm uh eager to serve and learn, and I'm happy to be on this. Thank you.

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Thank you, everyone are there any announcements or personal orders before we begin, oh host, claude, you sat down there.

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Thank you chairman.

B

I'm glad you did recognize, I'm I'm sure I realize that, but but I am from uh district four, which is near mr crawford up there. We do live in probably the prettiest part of the state for sure, uh with the lakes, mountains and hills and valleys and green.

B

So I have um a husband of five daughters, so I've got gray hair and it's getting grayer uh but uh enjoy maybe I'll get recognized on this committee. So I can learn something. Thank you chairman.

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Well, you're, you're, so shy and quiet. I forgot you were down there apologize for that. Are there any announcements or personal orders? Yes, representative, love.

D

Thank you, mr chairman, and certainly want to join my colleague, chairman williams, in acknowledging and thanking the members for all their outpouring of love this time last year, when our neighborhoods were hit with the the tornado that came through so many parts of the states in the sea last year, and so I just want to thank the members for your support last year. I know we're starting to rebuild some. I know that his area is also starting to rebuild, and so just want to take a moment out to recognize on this day last year.

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Of course, all of our lives were disrupted, but our communities are coming back and we're grateful for the opportunity to say. Thank you all.

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Thank you, uh representative, manus and um and wright, and did um let's see, representative madison. I believe you were next.

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They said they got your name out what maybe it was ryan. They got. Okay,.

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This is the handsome corner down here, but uh I just wanted to reiterate what uh my good friend um pastor love said.

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It is, uh it is a one, year anniversary day, 19 of the 25 law lives lost in tennessee a year ago today uh we're in my district and we are like his district uh rebuilding uh and getting through the hurt um and mourning when need to, but just makes you know and understand your community better than you thought you did and it's great it's great to serve, and so I have had several members reach out, some of which are on this committee and just just remembering that difficult time and so really appreciate all all the fellow members and staff here and how great they've been to us over the last year.

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Thank you, uh perhaps cindy wright. Would you also okay yeah? I would ask because both I and the staff are having somewhat of trouble in these cramped quarters is pecks of glass. I apologize if we missed somebody just kind of raise your hand above the glass, maybe there's a lot of shadowing I'm seeing multiple people when I look down through there all right, I'd like to begin today by sharing some organizational information. Since it's our first meeting, we're required to do um I'll. Read some of our some of our policies. That's been implemented.

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Some of them are new this year for all the committees we plan, we will plan on meeting each wednesday at 12 30 in this hearing room unless otherwise changed by the clerk's office or my office. I would also like to discuss a few rules on the committee due to covet 19 restrictions, bill notices and proposed amendments for all committees must now be submitted electronically.

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All bills to be heard in committee, must be placed unnoticed via the house portal by 3 30 on wednesday preceding the hearing date. Amendments for our committees must be filed by 10 am on tuesday. Amendments must be emailed to the house. Local government mailing list amendments must be signed and will only be accepted from the member's legislative email address or the legislative email address of their legislative assistant.

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If substantial amendment is not timely, filed with the committee, the bill will have to be reset for the calendar in order to the meant for the amendment to be considered or accepted by a vote of two-thirds of the committee bills passed by a subcommittee will automatically be paced on the next available full committee calendar. Unless the committee receives a written request from the sponsor to set another hearing date on testimony, testimony on bills may be allowed at the chairman's discretion and will be limited depending on time available.

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This committee will no longer allow testimony that has not been requested in 24 hours in advance.

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A two-thirds vote of members present is necessary to approve a call for the question. If objection is made any motion to reconsider a committee, action on a bill must come from a member who voted in the prevailing side, and a majority of the members eligible to vote must vote in favor roll call. Votes must be requested by the bill's sponsor prior to any vote being taken or by any show of hands of three members before a vote is taken. The chairman reserves the right to call for a roll call vote at any time.

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Members who wish to have their vote recorded own or a voice vote should notify the clerk of their vote. Members may not request a change of the vote after the vote is taken and should notify the clerk of that change.

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The chair, the chairman, intends to maintain decorum of the committee. There will no longer be running. Debate. Debate should always be on the topic of the bill. Personal attacks will not be tolerated.

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Members who appear before the committee will will maintain appropriate dress per house rules, no clothing or props or personal displays of political messaging will be allowed whatsoever. Members should turn cell phones off or to vibrate, while in committee and limit the phone use. When hearing testimony, we ask that members of the committee in the audience please step out of the hearing room. If you need to take a call per house rules, no member of the committee legislature or staff may record a video or live stream. While the committee is in session.

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Almost done due to covet 19 restrictions, we must limit audience capacity to the available seating. Only no standing audience members will be allowed by rule. A bill may be countered three times in a given committee, after which it shall be set to the special calendar to be heard, along with the final calendar of that committee bills not heard due to time, restraint will be rolled to the next available calendar.

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This will not count towards the three calendar limit sponsors who wish to take their bills off notice should notify the committee chairman and writing prior to scheduling a hearing the scheduled hearing. If changing a charter, legislation must be accompanied by a two-thirds resolution by the governing body. It affects a copy of these committee rules and policies will be made available to the membership following today's meeting, if requested, this should wrap up our organizational business and let's take up legislation before us.

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First on the agenda is house bill 0909 by casada, and that has been taken off notice. Number two is hb0597 by representative clemens and he is in the room. Do I hear a motion in a second?

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We have a motion and a second representative please proceed to explain your bill.

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Thank you, mr chairman and committee, and first let me say I know I don't envy this committee y'all have a very important job to do this year. I know this is going to be a committee with a lot of bills before it on important issues for voting rights, and so I wish you the best of luck in this session. uh I come before you today uh introducing house bill. 597 I've introduced this bill past few years, and this bill is pretty straightforward.

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What this piece of legislation does is it allows any registered tennessee voter to vote absentee for any reason, after providing certification as to their identity in the application for such a ballot. So essentially it's no excuse. Absentee mail-in voting requires the absentee ballots to be counted for the election, which ballots cast and deletes the requirement that a voter who registers by mail must vote in person the first time that's currently in law. If you register to vote by mail, you got to show up and vote in person the first time this bill also.

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Allows college students to use their state or public school issued college id to vote for purposes of compliance with our state's voter id laws. That is the bill and I am happy to answer any questions you have.

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Hear any questions from the committee on the bill.

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No saying no no questions or hands. I want to make sure because of these shadows, okay, um seeing I guess seeing none are we ready to vote on the bill all right, all those in favor say aye.

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The nays have it sorry the bill fails. Thank.

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You very much thank you appreciate your time.

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Let's see here.

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And I need to the next two bills are my bills. I need to pass the gavel and the book just the gavel. You have the information to chairman crawford.

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And mr chairman I'll do this for my seat? If that's okay,.

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Thank you. This is the, um as you recall, I think, just about the entire house voted for this in 2017. One of the first bills I passed was the freedom of speech, act that allowed candidates to um that cities and hoas could not restrict putting signs up of a certain size on their own property. They own and maintain. That's been very popular.

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The legal description in that bill said that uh general election, which under the law, means any election unless it's a special election. But since we used the word general, some cities have been claiming that only means november and august. So we're just dropping the word general from this. That's the only change to the law and just leaving elections so that it clarifies it and doesn't confuse anyone. So that's all the bill does it leaves everything else intact with legislation we're just dropping the word general.

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Thank you, mr chairman, for explaining your bills or any questions.

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Representative shaw. You are recognized.

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Thank you, mr chairman. uh If sponsor the legislation could tell me because I'm a little bit unfamiliar with, I guess, been a while tell me: what does the whole bill do now? I know you're dropping that term. But what does the pill actually do?.

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It sits like uh it states that, if it's owned, whether it's in an hoa or a non-oha or it's been administered by city, that all voters have a right to display their signs at a minimal square footage on residential- and I think it's four before on commercial- I forgot the same- um may have been four before on commercial and uh up to uh four of eight, but the cities can go over that it just guarantees their right up.

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Two four, before on residential and four by eight and a city or hoa, cannot limit the number of signs you have on your property. Now in an hoa it's a little different than in the average. It says on land that you own and maintain.

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So if the hoa maintains your front lawn, you can't put it there and that we let the hoa's guidelines and covenants cover that and you can't this doesn't allow you to put it in the uh the common areas. That's again up to the locals. But if you do have say a condo, you can put it on your door in your window or in a fenced-in area that you maintain that's what we guarantee that a minimal and a lot of cities were limiting to three signs only including real estate signs, and that was it well.

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You may have 10 races, and you want to express your freedom of speech on those 10 races. This guarantees you you can put at least one of each candidate on there and if the city restricts it to just one due to public safety, now the city can still like. You can't put like a four bait or four rate just right on the on the corner, blocking the view of traffic they still can can um limit. The like put it behind utility poses something for public safety.

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So that's, basically what the right it guaranteed every uh tenant, every tennessean the right to display their political signs and they were allowed a minimal of protection on the size of the sign on residential and commercial property.

E

Thank you, sir.

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Representative williams, you're recognized.

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Thank you, chairman chairman uh city coach, will pass an ordinance uh limiting uh the size of signs, not the number um meaning they they didn't for residential property, commercial property there's. No, uh so would your bill affect their local ordinance.

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Garcia doesn't change it what's already in current law on uh um on any non-hoa property, um the residential single-family home can put up to guaranteed by state law at a minimum. Four before sign.

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Okay, and so are you suggesting that the the city, equitable ordinance limiting them, I think it's 24 by 36 or smaller, is against state statute. Yes, okay, thank you.

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Unless, unless the uh like an hoa, because this was not retroactive, um if it was if an hoa was in effect prior to this law, passing their grandfather dan, we can't tell them what to do, but all going forward. Or if you amend your covenant restrictions of an h.o.a. Since the law passed in 2017, they would have to adapt the new law.

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You're recognized.

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Thank you, so the homeowner association would, by that example, and I'm interpreting uh by that example, have greater control over their property uh than the than the than the city would over their own ordinance. Well,.

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They do anyway, because they're considered a private agreement and it's really outside the grounds of most city ordinances. Cities don't go in hoas, because it's a private property agreement between the property owners, okay,.

F

You recognized yes.

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Just to the sponsor, I I don't think I have a problem with your bill. I I'm probably going to spend the the next few several days finding that regardless of what happens here, but I'm I'm going to be present not voting until I can sort it out until we get to full committee. But thank you.

A

Well again, this bill, mr chairman, this this bill only removes the word general. The existing law doesn't change other than general. It's all. Those rules and regulations are still in place. Okay, thank you all right, chairman.

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Holtzclaw you're recognized.

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Thank you chairman. uh It's kind of like representative williams up there, because our city ordinances, they limit it to your standard yard sign and they were pulling them up. So you know that'd be good president support before and it overrides it, uh but yeah they limited nine brand size, so we'll be really interested in seeing who? What takes precedent over that? Thank you.

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And, like I said the uh since 2017 that's been in effect, this isn't putting that in place. Now that was already in effect, I'm only taking the word general out.

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Representative shaw, thank you. I was trying to get all this wrapped around my head and I I really would like to hear from my city folks on this I'm going to be present, not voting until I hear from them. I may pick up late and vote if it go out, but I'm going to be president not voting until I talk to them about it.

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Okay, but I'm trying to let everybody know we're not putting limitations on the cities or hoas right now, that's already in state law we're only taking the word general out right now. Anything else is existing. We're not changing anything else in existing state law.

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Any more questions previous question: we've had a call for the question: we're ready to vote all those in favor. Please say: aye opposed! No.

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If you want to be recorded as a no or a pass, please let the clerk know and motion carries.

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Next on the agenda, we have house bill, 4 501 by representative rudd, chairman rudd. Let's see do we have a motion. Motion got a proper motion and second, chairman rudy, you are recognized on house bill 501 thank.

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You this is the same exact legislation we passed through the house last year, but due to covet 19 and the senate, not taking it up, uh never got took it up in the senate. This was uh this passed the house 87-5 and I'm not mistaken anybody on the committee that was here voted for it.

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This is the reporting and transparency reform that everybody's kind of been asking for this legislation was passed by the house in 2020, but was not taken up. As I had said, the purpose is to streamline campaign finance reporting by eliminating the needlessly cumbersome, pre-primary and pre-general election periods and election year right now we have to report six times. This only makes it quarterly. So we report four times in election years.

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The other component of the legislation is requiring a full disclosure of all donations. Currently, donations of 100 or under are not required to be disclosed, and this would make it um fully transparent of all of our donations would be reported and again.

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The house 87 to 5.

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Any questions from the members seeing none we are ready to vote question has been called all those in favor. Please say: aye opposed no bill moves on to local full. Let me make a correction before I passed the gavel over. I didn't do it a while ago, but for the first bill house bill 500 will be moving on to local government committee.

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Thank you thank you, chairman crawford for taking over um and um I believe the last uh the last bill. um It also moves on the local government committee on 501.

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Okay and um let's see before we close, are there any other announcements or personal orders from the membership seeing none? uh This concludes our meeting today. I want to thank oliver for being here and uh meeting is adjourned.