Tennessee State House poised to adopt rules punishing members for going off topic

Tennessee House Republican leaders are close to approving rules for the legislative session that once again punish members for going off topic.The House adopted similar rules during last summer’s special session on public safety, leading to criticism when Republican leaders silenced Representative Justin Jones, D-Nashville, for going off topic.Monday the House Select Committee on Rules advanced multiple rule changes to limit debate and disruptions, including approval for a proposed change to Rule 19 by Representative Johnny Garrett, R-Goodlettsville, to ban members from speaking if they go off topic.Under Garrett’s proposal, House members would face three penalties for speaking out of order.Following the first offence, the rule would bar an offending member from speaking on the subject they were ruled out of order on. A second offence would reduce the offending member’s speaking time from five minutes to two on any other issue. A third offence would cost the offending member the ability to speak on the floor for two legislative days.“What this does is when someone is actually on a bill, or a motion, and they’re debating the bill - and we’ve seen things that aren’t necessarily on topic - and my understanding is that there will be several warnings that’ll be placed to that member, to all members, to make sure that we maintain decorum in the House chamber. And those three steps is what it takes to make sure all members realize that if you continue to be out of order, there will be consequences for not staying on topic and maintaining decorum on the People’s House,” said Garrett.House Minority Leader Karen D. Camper, D-Memphis, expressed concern that the change doesn’t provide enough clarity for members or eliminate concerns Democrats have that members are called out of order because Republican leaders disagree with the point they’re making.“Part of the problem we experienced where people felt like if a person (says) ‘I know I’m out of order’ then that’s not considered out of order so it didn’t count against them, but if someone else was making a point that someone may not have agreed with, then they were called out of order. And so I think there needs to be clarity going into this session – the second half of our session – that if we’re going to change the rule,” said Camper. “I’m just concerned about people being confused on ‘order’ because it’s just ‘hey, you’re out of order.’ And the next thing you know, we end up in the whirlwind.”Camper also proposed a change for Rule 19 to require an explanation from the House Speaker for why a member is ruled out of order. Committee members rejected that proposed change along with a proposal from Representative Chris Todd, R-Madison County, to give committee chairs the ability to ask members who break the rules to leave the committee room for the day following a second offence.During last summer’s special session, the House controversially adopted a sign ban that attracted controversy when leaders removed spectators for carrying signs in meetings. The rule faced court challenges and House leaders eventually allowed signs as long as they weren’t obstructing.Those rules do not carry on to the regular legislative session, but Representative John Ray Clemmons, D-Nashville, did propose a change to add sign permissions in the official rules to prevent a committee chairman from banning them.“I think every member of the general public should recognize as we often say in this body that this is the People’s House. If they choose to come in peacefully. Silently hold a sign in a committee hearing to express their personal viewpoint as they have a right and liberty to do in this county and in this state, they should be allowed to do so without limitation as long as they are not disrupting business,” said Clemmons.Committee members rejected Clemmons’ proposal, but they did approve a related one from Representative Garrett to bar House members from carrying “visual aids” into committee meetings.The full House will take up each proposed rule change Wednesday.