Government & Legal Update Advocacy Update: Lee Calls for Special Session, InsurPACTN Update

In May, Gov. Bill Lee publicly signaled his intent to convene legislators for a special session to address firearms legislation in the wake of the school shooting in Nashville. Per Article III, Section 9 of the Tennessee Constitution, the governor “may, on extraordinary occasions, convene the General Assembly by proclamation, in which he shall state specifically the purposes for which they are to convene; but they shall enter on no legislative business except that for which they were specifically called together.”

That is to say, while the governor may convene an “extraordinary” session, such session is limited specifically to issues germane to the subject(s) of the governor’s proclamation (i.e. Executive Order]. As this magazine went to print, no such Executive Order had yet been issued, but the governor’s public statements indicate the issues he would like to address.

“After speaking with members of the General Assembly, I am calling for a special session on August 21 to continue our important discussion about solutions to keep Tennessee communities safe and preserve the constitutional rights of law-abiding citizens,” said Gov. Lee in May. “There is broad agreement that action is needed, and in the weeks ahead, we’ll continue to listen to Tennesseans and pursue thoughtful, practical measures that strengthen the safety of Tennesseans, preserve Second Amendment rights, prioritize due process protections, support law enforcement and address mental health.”

Lee reiterated his commitment to the issue recently, despite facing pushback by fellow republican lawmakers. “Tennessee will be a safer state as a result of the efforts of the legislation and the legislators who are engaged in the process of this special session on public safety,” Lee said, according to media outlets.

Opposition to legislation related to “extreme risk protection orders” (ERPO) and whether such bills may be characterized by conservatives as “red flag laws,” has resulted in pushback by prominent republicans in the General Assembly.

“Should the governor choose to introduce an ERPO during special session, I will not be the sponsor. Because the special session, itself, is controversial and lacks support in the Senate, this is a unique circumstance. Once the governor’s other proposals are finalized, I will review each one and consult with my Senate colleagues prior to agreeing to sponsor any administration bills,” Senate Majority Leader Jack Johnson (R-Franklin) said, responding to questions from the Tennessee Lookout.

House Speaker Cameron Sexton told a firearms interest group this summer he doesn’t think the governor’s ERPO legislation will make it out of committee system. The speaker, for his part, indicated that bills relative to non-voluntary committals and “mass threats” directed at specific groups and locations in addition to improving the state’s background check system for gun purchases, according to local outlets.

On August 5th, the 66-member Tennessee Republican State Executive Committee adopted a formal resolution calling on the governor to abandon such plans, discouraging Lee from calling the special session. According to the Chattanooga Times Free Press, State GOP Chairman Scott Golden told two reporters following the meeting that the executive committee would rather the administration address firearms issues during the regular session that commences in January.

"We'll send [the resolution] as soon as we get the final language and everything, we'll send it to the governor and all the appropriate officials the sense of where the Republican Party" is,” Golden said. He added that the State Executive Committee and Republicans in the General Assembly are aligned on the issue, stating “I think our members are very reflective, they talk to their legislators as well, and I think that was the sense of what the Tennessee Republican Party said today.”

If it feels to you like there have been a lot of special sessions these days, you’re right. “Extraordinary sessions” are becoming considerably less “special” or “extraordinary” in recent years, with seven such sessions being called by the governor or General Assembly since 2015. Five of those have been called since 2020, including three in 2021 alone. From 2005 through 2014, the General Assembly convened just once for a special session.

As for the upcoming special session, although no legislation impacting producers and agencies is anticipated, Insurors will be on-hand to monitor the proceedings and engage where appropriate.