I had to repost this from Kleinheider’s blog:

Mike Slater shares a bit of constituent correspondence on the subject of Rep. Brian Kelsey’s proposal to declare an income tax illegal by constitutional amendment:
Representative Fitzhugh,

I would like to know why you voted to effectively kill a proposal to amend the Tennessee Constitution to ban a state income tax. I know the Democrat spin is the cost of $20,000.00 for newspaper advertising, but if the funds could be raised privately, what is wrong with letting the people decide the issue? Especially since it will be the people that pay the tax!!

E-mail response from Representative Craig Fitzhugh (House District 82):

Thanks for the email. This is one of a number of pieces of legislation filed by this sponsor solely for political purposes. Nice to hear from you. Hope things are well in Friendship.

Craig

Danny’s response:

Representative Fitzhugh,

With all due respect sir, is this your answer to my question “legislation filed by this sponsor solely for political purposes”? It is a fact that most people in your district are opposed to a state income tax. One would think as the representative of the people you would champion any effort in that direction. Rather than just tow the party line.

What a disgusting response from Representative Fitzhugh. Feel free to e-mail Fitzhugh and express your disgust for his partisan hackery.

Brian Kelsey (R-Germantown) 

This is the second in a series of profiles of state legislators. The first profile focused on Rep. John Lundberg, and it can be found here.

Representative Brian Kelsey obtained his B.A. with honors from UNC-Chapel Hill before attending Georgetown University, where he received his Juris Doctor.

When Representative Kelsey is not championing conservative causes in the statehouse, he is at home in Memphis fighting in the courtroom as an attorney.

Among the many community organizations with which Kelsey is affiliated include the Republican National Lawyers Association, the Christian Legal Society, the Federalist Society, and Fellowship Memphis Church.

In Nashville, Representative Kelsey serves as the Chairman of the House Civil Practice Subcommittee, and he is a Member of the following Committees:

• House Judiciary Committee
• House Consumer & Employee Affairs Committee
• House Employee Subcommittee

Representative Kelsey was first elected to the House of Representatives during the 104th General Assembly.

Prior to his election to the 83rd District, Representative Kelsey served in Bill Frist’s Senate office, Fred Thompson’s Senate Committee office, and Ed Bryant’s Congressional office.

As of this posting, Representative Kelsey is sponsoring 34 bills and co-sponsoring 3 other bills, as well as sponsoring 4 resolutions and co-sponsoring 23 other resolutions.

Representative Kelsey took a few minutes to answer (in italics) the following questions (in bold):

Your constitutional amendment prohibiting an income tax in TN does not appear to address the Hall Tax or the Estate Tax – should the General Assembly work to reduce or eliminate these taxes? Why?
Yes, Tennessee should work to reduce the Hall income tax and the estate tax. I have introduced resolutions and bills to reduce and eliminate both those taxes during my three terms in the House. HJR 3, however, focuses only on clarifying that an income tax and a payroll tax are already unconstitutional under Tennessee law. The resolution should be easier to pass without addressing the other burdensome taxes because it does not cost the state one penny. If the resolution cost the state money, that would give pro-income tax legislators a pretext to vote against it. As it is drafted, they have to vote on the issue solely on its merits.

You were perhaps the most outspoken Member concerning the election of Kent Williams to the position of Speaker. Now that Session is in full swing, will you continue to pursue that issue? Where do you go from here?
It is time to work together for the good of the state of Tennessee. While I get along just fine with Speaker Williams on a personal level, I have been a chief critic of his voting habits since he entered the House just two years ago. During the last General Assembly, he voted against conservative measures more often than did any other Republican. It was for that reason that I supported his opponent in the Republican primary and drove seven hours from Germantown to Carter Caunty to hold a sign for his opponent. As I told Rep. Williams at the time, I would gladly hold his sign and campaign for him if he would only vote for our Republican nominee for Speaker of the House. Instead, he put self-interest ahead of the good of the state and voted for himself, despite having told his constituents just one week earlier that he would do otherwise. It is for that asked that he do the honorable thing and resign and run for re-elction in Carter County as an independent to be truly honest with the voters about his intentions. Public servants such as Phil Gramm have done this in the past. Speaker Williams chose not to do the honorable thing. He is still our speaker, and I still respect the office that he holds. I will continue to work with him for the good of the state, as I am currently doing on HJR 3, the only constitutional amendment of which he is a co-sponsor. I will also continue to speak truth to those in power to hold them accountable to the people of Tennessee.

Your outside the box approach to governance has led to such issues as you “giving the pork back” and showcasing cigarette butts from the parking garage on the House Floor. While respecting the decorum of the House Chamber, you do bring attention to important issues. Do you believe we will see similar Floor speeches this year? Why or why not?
Much of the work of the legislature is done behind closed doors in so-called, or sometimes literally, smoke-filled rooms. Most members take it for granted that the public knows what we know. That is not the case. I believe the public has a right to know how their legislators are representing them, and I always have and always will try to promote open government. 

What is one issue you’re passionate about and why?
I am passionate about educating our children. The money we are pouring into school systems such as the Memphis City Schools is not working. We must be courageous enough to try new methods or risk raising another lost generation that is incapable of getting a job. My bill to promote Parental Choice Scholarships would do wonders for improving the state of education among poor children. It would provide a scholarship in the amount tha the school district already spends per pupil and would allow that scholarship to be used at the school of the parents’ choice. Only by raising expectations, introducing competition among schools, and finally giving impoverished parents real choice in how their kids are educated will we begin to excel again at education.

What do you hope to accomplish this Session?
Unfortunately, the committee system set up by Speaker Williams in the House is leading to partisan gridlock. Each committee and subcommittee is evenly split between Democrats and Republicans. There is a reason that no other state in the union organizes itself in such a way: it leads to stagnation. I hope that significant, conservative bills that really move our state forward in the areas of education, health care, and crime will pass this year; however, I fear that we may have to wait another two years to see the real change that Tennesseans voted for.

Contact Information:
110 War Memorial Building 
Nashville, TN 37243-0183 
Phone #: (615) 741-4415
E-mail: rep.brian.kelsey@capitol.tn.gov 

Representative Brian Kelsey (R-Germantown), along with 39 other House Republicans, signed onto a proposed Constitutional Amendment eliminating the prospect for an income tax in Tennessee, amidst concerns from some conservatives (David Oatney, Terry Frank, et al.) who believe Representative Steve McDaniel’s assumed ascendancy to the Speaker Pro Tempore position will somehow affect tax policy in Tennessee.

Kelsey introduced similar legislation two years ago under Democrat control of the House, to no avail.

ADDENDUM: According to an e-mail from Representative Debra Maggart (R-Hendersonville), the Members who have signed onto this Amendment are as follows: Rep. Brian Kelsey (R-Germantown), Rep. Steve McDaniel (R-Parkers Crossroads), Rep. Glen Casada (R-College Grove), Rep. Susan Lynn (R-Lebanon), Rep. Debra Maggart (R-Hendersonville), Rep. Beth Harwell (R-Nashville), Rep. Charles Sargent (R-Franklin), Rep. Curtis Johnson (R-Clarksville), Rep. Joe Carr (R-Lascassas), Rep. Joshua Evans (R-Greenbrier), Rep. Joey Hensley (R-Hohenwald), Rep. Phillip Johnson (R-Pegram), Rep. Barrett Rich (R-Somerville), Rep. Chad Faulkner (R-Luttrell), Rep. Curtis Halford (R-Dyer), Rep. Dale Ford (R-Jonesborough), Rep. Eric Swafford (R-Pikeville), Rep. Eric Watson (R-Cleveland), Rep. Frank Niceley (R-Strawberry Plains), Rep. Gerald McCormick (R-Chattanooga), Rep. Harry Brooks (R-Knoxville), Rep. Jim Cobb (R-Spring City), Rep. Jim Coley (R-Bartlett), Rep. Jimmy Eldridge (R-Jackson), Rep. Jon Lundberg(R-Bristol), Rep. Judd Matheny (R-Tullahoma), Rep. Kent Williams (R-Butler), Rep. Kevin Brooks (R-Cleveland), Rep. Matthew Hill (R-Jonesborough) Rep. Mike Bell (R-Riceville), Rep. Mike Harrison (R-Rogersville), Rep. Richard Floyd (R-Chattanooga), Rep. Richard Montgomery (R-Sevierville), Rep. Ron Lollar (R-Bartlett), Rep. Ryan Haynes (R-Knoxville), Rep. Steve McManus (R-Cordova), Rep. Terri Lynn Weaver (R-Lancaster), Rep. Tony Shipley (R-Kingsport), Rep. Vance Dennis (R-Savannah), and Rep. Vince Dean (R-East Ridge).

I tried to post which Republican members have not yet signed onto this, but my eyes crossed trying to read the names. The one name that stands out as not being on this list is Rep. Donna Rowland (R – Murfreesboro). She was a freshman member when the income tax debate began and beat out income tax advocate Mary Ann Echols in 2000.