(NASHVILLE) – April 14, 2021 – The Senate continued to wind down its business as many important bills received final approval this week. The Judiciary Committee completed its last meeting, where it approved two judicial appointments to the Court of Criminal Appeals and one to the Court of Appeals. Next week, the Finance, Ways and Means Committee – the final Senate committee to remain open – is expected to present the Senate’s amended state budget.

On Tuesday, the Senate passed Governor Bill Lee’s proposal to establish the Institute of American Civics at Tennessee’s largest public university.  Senate Bill 2410, sponsored by Senate Majority Leader Jack Johnson (R-Franklin) and carried by Senator Brian Kelsey (R-Germantown) locates the institute within the Howard H. Baker, Jr. Center for Public Policy on the campus of the University of Tennessee-Knoxville. Governor Lee announced the proposal during his State of the State address in January and has included $6 million for the project in his proposed budget.

There are seven objectives for the institute listed in the bill, including:

• Foster a deeper understanding of the structures and institutions of federal, state, and local government.
• Further the understanding of the principles that contributed to the foundation and development of the United States and the state of Tennessee.
• Enhance education in the fields of politics, economics, philosophy, American history, American government, and other related fields.
• Foster civic engagement through full and fair discussions that promote civil dialogue among those holding conflicting points of view.

“It’s really the first and foremost duty of any education to ensure we are creating a new generation of active citizens who can believe in and support American democracy,” said Sen. Brian Kelsey (R-Germantown). “It’s designed to serve as a robust marketplace of ideas for all students and faculty.”

Members of the board of fellows for the institute will include professors or administrators, former elected officials affiliated with different political parties, and members of the board of the Howard H. Baker, Jr. Center.

Senate votes to remove roadblocks to obtain a Commercial Driver License

Consumers everywhere have felt the effects of the backlog in moving freight across the country. The American trucking association currently estimates that the United States is 80,000 truck drivers short, causing supply chain issues across Tennessee and the nation. To address this issue, the Senate approved legislation this week, sponsored by Senate Majority Leader Jack Johnson (R-Franklin) and Senator Paul Bailey (R-Sparta), to help increase the number of Commercial Driver Licenses (CDLs) issued to Tennesseans by expanding eligibility, implementing a quicker turnaround for issuing CDLs and creating a program within the Department of Safety to train qualifying incarcerated individuals and prepare them for a job in the trucking industry.

“I am very proud of this legislation,” said Bailey. “We have worked over the past year with the Department of Safety, the Department of Corrections and TCATs to help solve the shortage of truck drivers in the state of Tennessee by removing roadblocks to obtain a CDL, and I am confident this bill will alleviate some of the issues in our state.”

Senate Bill 2399 creates a program to enable qualifying incarcerated individuals who will return to society to receive a CDL prior to or after their release. Inmates with certain criminal convictions will not be eligible for this training program.

“At my trucking company we have hired formerly incarcerated individuals, and they are some of our best drivers,” said Bailey, who owns a trucking, freight and shipping company. “They appreciate freedom and the ability to have a job. This training program with the Department of Corrections will yield positive results for the trucking industry, formerly incarcerated individuals and public safety. Giving these individuals jobs prevents them from returning to a life of crime and steers them towards a life of productivity.”

This bill will increase the resources and staff for the Department of Safety to allow for a quicker turnaround time for scheduling a commercial driving skills tests and will expand options for third party partners to conduct more commercial driving skills tests on the department’s behalf.

Because many local school districts are having a hard time obtaining school bus drivers, the legislation will also provide more flexibility for school bus endorsement testing and ensure safer school bus drivers as well.

Finally, it lowers the age for those who can receive a CDL in the state. Under the bill, Tennesseans ages 18 – 20 can receive a CDL to drive in the state.

Legislation to prohibit camping on local public property and protect public safety passes in Senate

Legislation enabling local governments to prevent homeless populations from camping on public property was passed by the full Senate on Wednesday. Senate Bill 1610 will encourage homeless individuals to relocate to safer areas and receive needed assistance, including mental and physical health care.

“This bill focuses on public safety and human dignity,” said Senator Paul Bailey, sponsor of the legislation. “Allowing individuals to sleep under bridges and near roadways is not compassionate. It is unsafe. Through this bill we hope to give local governments the ability to protect public safety and connect homeless populations with the resources they need to restore their dignity and improve their living situations.”

Similar to the Equal Access to Public Property Act of 2012 which prohibited camping on state public property, this legislation prohibits camping on local public property. It would give local governments a legal mechanism to remove homeless camps from local public land. If it becomes law, each local governing body could decide how or if they want to enforce the legislation.

Under the legislation, the penalty for camping on public property after an initial warning is a Class C misdemeanor offense punishable by either 20 to 40 hours of community service or a $50 fine. The bill lists camping on the shoulder, berm, or right-of-way of a state or interstate highway or under a bridge or overpass, or within an underpass of a state interstate or highway as punishable offenses.

In Brief…

Ensuring age-appropriate materials in school libraries — Legislation was approved this week that requires the State Textbook and Instructional Materials Quality Commission to issue guidance for local education agencies (LEAs) and charter schools to use when reviewing materials in a library to ensure that the materials are appropriate for the age and maturity levels of the students who will access them. Senate Bill 2247, sponsored by Sen. Jon Lundberg (R-Bristol), will also ensure that the materials are suitable and consistent with the educational mission of the school. The measure also expands the Commission by adding two librarians appointed by the Speaker of the Senate and the Speaker of the House. Working together with Governor Lee’s Age-Appropriate Materials Act of 2022, this legislation will ensure students learn with materials appropriate to their age and grade level.

Cracking down on child abusers during Child Abuse Prevention Month – National Child Abuse Prevention Month recognizes the importance of families and communities working together to strengthen families to prevent child abuse and neglect. Member of the Senate wore blue on Thursday to raise awareness for child abuse and show their support for services that protect children and produce thriving families. On Thursday, the Senate also approved legislation that strengthens penalties for emotional and mental abuse or neglect of children at an unlicensed child care facility. It addresses an incident in East Tennessee, when 23 children were found at an unlicensed child care facility, in a garage and restrained in car seats and high chairs for most of the day. Because no physical abuse had occurred, the punishment for those operating this facility was not as severe as it should have been. Senate Bill 2748, sponsored by Senator Dawn White (R-Murfreesboro), enhances the penalty to a Class E felony for any person operating an unlicensed child care facility and found guilty of abuse, neglect or endangerment of a child.

Senate votes in favor of transparency and accountability to campaign finance laws – The full senate voted to provide common sense measures that will increase transparency and accountability in the political process. Senate Bill 1005, sponsored by Lt. Governor Randy McNally (R-Oak Ridge) and Senator Ferrell Haile (R-Gallatin), will require state candidates to report all contributions and expenditures regardless of the amount.  It will also require all in-kind contributions to be reported. Under the legislation, any PAC that registers must submit a valid government photo ID to the Registry for each officer, treasurer of the committee, and at least one person who directly controls expenditures. This change would go into effect July 1, 2022. The additional sunshine this bill provides will increase accountability for campaign operatives and offer more transparency for voters so they can make truly informed decisions.

Teaching virtues of capitalism in Tennessee schools – Senate Republicans gave final approval Tuesday to legislation that requires students to be taught the virtues of capitalism and the constitutional republic form of government of the United States and Tennessee. Senate Bill 2728, sponsored by White, calls for these forms of government to be compared to other political and economic systems such as communism and socialism.

Increasing transparency in sentencing — Passed by the Senate this week, Senate Bill 2183, sponsored by McNally, will better inform victims and their families about how much time an offender will serve at the time of sentencing. The bill requires all Tennessee courts to place on the record the estimated number of years and months to be served before a criminal is eligible for parole. Currently, when a criminal defendant is being sentenced, it is unknown when that criminal defendant is going to be released unless they are required to serve a 100% sentence without credits.

Taking action against abortion advocacy in public schools — The Senate this week passed Senate Bill 2158, sponsored by Hensley, which prohibits an LEA or public charter school seeking assistance in teaching family life from knowingly entering into an agreement with a person or entity that performs abortions, induces abortions, provides abortion referrals, or provides funding, advocacy or other support for abortions.

Ensuring fairness in school sports — The Senate this week passed two bills aimed at ensuring fairness in school sports. Sponsored by Hensley, Senate Bill 2153 prohibits biological males from participating in girls’ sports in public K-12 education. Also sponsored by Hensley, Senate Bill 1861 requires the Tennessee Department of Education to withhold a portion of state funds from public middle or high schools that fail or refuse to determine a student’s gender at the time of birth for participation in school sports.

Expanding defibrillator training in schools — Automated external defibrillator device training is currently required of teachers and staff across Tennessee schools. Passed by the Senate this week, Senate Bill 2824 encourages schools to also offer that training to school bus drivers. Defibrillators are used to prevent or correct arrhythmia by sending an electric pulse or shock to the heart to restore a normal heartbeat.

Increasing access to law enforcement officers at hospitals – The Senate approved legislation this week to help increase public safety at hospital facilities.  Senate Bill 2162, sponsored by Sen. Bo Watson (R-Hixson), gives hospitals the ability to employ and commission police officers to provide security and law enforcement at the hospital facilities. The measure seeks to meet a growing need for law enforcement at hospitals across the state, specifically in emergency departments which have had an increase in patient volume and emotionally charged patient admissions due to the COVID-19 pandemic. Under the legislation, police officers hired by hospital facilities would only have law enforcement authority at the geographic location of the hospital.

Removing barriers for Foreign Medical Graduates to train in Tennessee – Senate Bill 1902, sponsored by Sen. Richard Briggs (R-Knoxville), passed the Senate this week to permit the Board of Medical Examiners and Osteopathic Board to issue a 90-day limited license to foreign staff and residents. The bill details qualifications needed for approval of the limited license and lists the training activities the visiting physicians are allowed to perform under the control and supervision of a Tennessee licensed physician. The bill prohibits the visiting physicians from using this license to obtain a medical residency in the United States or remaining in the state to  practice medicine beyond the expiration date of the license.

Preventing anti-Semitism in schools — The Senate this week passed Senate Bill 2684, sponsored by Sen. Paul Rose (R-Covington), which codifies the prohibition of anti-Semitism in public K-12 schools. The bill defines anti-Semitism and directs schools to use that definition as a guideline when investigating complaints. The legislation also specifies that it does not prohibit the discussion or use of instructional materials regarding the history of Jews, Judaism or the state of Israel that is part of a larger academic instruction.

Ensuring privacy of homeowners — Passed by the Senate this week, Senate Bill 2695, sponsored by Briggs, allows residential property owners to conceal their home address on searchable public databases. Homeowners must file a written request to the property assessor to have their first and last name appear as “unlisted” in the ownership field of online databases. The legislation ensures the privacy of Tennesseans, including law enforcement, who may not want their home address easily accessible.

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(NASHVILLE) April 7, 2022 – As Senate committees continue to finalize their business for the 112th General Assembly, the Judiciary Committee approved legislation to enhance protections for victims of human trafficking and abuse. Important legislation to shine light on political organizations advanced in the Senate State and Local Government Committee this week, and Senators continued to present their proposals for budget appropriations amendments to the Appropriations Subcommittee. Additionally, the Senate Finance, Ways and Means Committee heard testimony from the Tennessee Department of Education on how the Tennessee Investment in Student Achievement (TISA) Act, which has been proposed by Governor Lee to alter the state’s education funding formula, will affect the state’s finances.

State and Local Government Committee votes in favor of transparency and accountability to campaign finance laws

The Senate State and Local Government Committee voted unanimously to provide common sense measures that will increase transparency and accountability in the political process. Senate Bill 1005, sponsored by Lt. Governor Randy McNally (R-Oak Ridge) and Senator Ferrell Haile (R-Gallatin), will require state candidates to report all contributions and expenditures regardless of the amount.  It will also require all in-kind contributions to be reported.

Under the legislation, any PAC that registers must submit a valid government photo ID to the Registry for each officer, treasurer of the committee, and at least one person who directly controls expenditures. This change would go into effect July 1, 2022.

“For too long political action committees have been able to exploit loopholes and meager disclosure requirements to cloak their activities,” said Haile, who is carrying the bill. “If you are going to be a player in the process, voters need to know who you are and what you are doing. We require a government ID to vote; this bill requires a government ID to open a PAC. When mistakes are made and lines are crossed, those responsible must be held accountable.”

The additional sunshine this bill provides will increase accountability for campaign operatives and offer more transparency for voters so they can make truly informed decisions.

“I have been proud to work with Speaker Sexton, Speaker Pro Tem Haile and Rep. Whitson on this legislation to increase transparency and accountability in the realm of campaign finance,” said Lt. Governor McNally. “While no new legislation can prevent a bad actor from being deceitful or dishonest, I believe this bill will increase openness and accountability where it is badly needed. Voters deserve to know who is pushing the messaging they receive and whose money is behind it. This bill seeks to open up the political process and ensure voters have the information they need to make informed decisions.”

Senate works to halt human trafficking and aid victims

A series of bills aimed at preventing human trafficking and protecting victims of abuse advanced this week.

Passed by the Senate on Monday, Senate Bill 2793 requires the Department of Correction, Department of Mental Health and Substance Abuse Services, and the Department of Human Services to provide mandatory training on the identification, intervention, prevention and treatment of human trafficking victims. The training must be selected by the Human Trafficking Advisory Council and administered annually starting in 2023.

“Human trafficking, which is really modern-day slavery, is a major problem in Tennessee and exists in every county,” said bill sponsor Sen. Becky Massey (R-Knoxville). “We’ve been ranked among the best states in the country in addressing this issue, but there’s still more tools we can put in the toolbelt to fight this horrific crime.”

On average in the U.S., every two minutes a child is bought or sold for sex: 13 years or older is the average age a child is sold and the average lifespan of victims after entering slavery is seven years, Massey noted.

“It’s the second fastest growing criminal industry behind drug trafficking,” she said.

Passed by the Judiciary Committee and sponsored by Sen. Dawn White (R-Murfreesboro), Senate Bill 2740 requires the district attorneys general conference in collaboration with various state agencies to develop recommendations on the creation of multidisciplinary teams tasked with responding to child sex trafficking cases. The teams are intended to enhance services to victims of child sex trafficking, improve the coordination of investigations of such cases, and identify gaps in services.

Similarly, to ensure Tennessee has top-notch services for victims of sex trafficking, Senate Bill 2739 also sponsored by White, tasks the Department of Children’s Services and the Department of Human Services to identify existing resources and gaps in services for victims between the ages of 18 and 24.

Finally, the Senate this week passed Senate Bill 2815, sponsored by Sen. Kerry Roberts (R-Springfield). The bill requires all public school employees working directly with students to complete an annual child abuse training program identified by the Department of Education or that meets the guidelines established by the Department of Children’s Services. The requirement currently only applies to teachers.

In brief…

Working to increase wages for healthcare professionals – The Senate gave final approval to legislation creating a healthcare task force to review the reimbursement of healthcare professionals employed by healthcare agencies in the state. This task force would include studying fair market pay for direct support professionals (DSP), mental health providers, and children’s services workers. Senate Bill 2304, sponsored by Senator Becky Massey (R-Knoxville), works to address the worker shortages and staffing challenges many state providers face, largely due to compensation of these professionals. Massey says the state needs a long-term solution to these staffing challenges. This task force aims to be a part of the solution by doing a deep dive into data trends and compensation rates.

Expanding eligibility for CTE teachers in high schools – Career and Technical Education (CTE) courses have become an important aspect of preparing Tennessee’s high school students for quality, high-paying jobs upon graduating. However, it can be challenging to attract qualified CTE teachers. Senate Bill 2442, sponsored by Senator Mike Bell (R-Riceville), was given final approval this week in the Senate to make it easier for local schools to find CTE teachers. Current law requires CTE instructors to have five years of work experience within the last ten years and requires their license to be from the state of Tennessee.  The legislation allows a person to teach a CTE class if he or she has three years of relevant experience within the last five years and an industry certification from any state.

Increasing access to Tennessee Promise Scholarship – Overachieving students who graduate from high school early are not eligible to receive the Tennessee Promise scholarship upon their early graduation, under current law. The Senate approved Senate Bill 2631, sponsored by Senator Frank Niceley (R-Strawberry Plains), this week to allow hard-working students who graduate early to be eligible to receive the Tennessee Promise Scholarship, which provides students a last-dollar scholarship, meaning the Tennessee Promise will cover tuition and fees not covered by the Pell Grant, the HOPE scholarship, or TSAA funds.

Positioning Tennessee as a leader in blockchain technologies – The General Assembly passed legislation this week that positions Tennessee as an early leader in blockchain businesses. Senate Bill 2854, sponsored by Senator Paul Bailey (R-Sparta), allows for the creation and recognition of decentralized autonomous organizations (DAOs) in the state of Tennessee. A DAO is an organization represented by rules encoded as a computer program that is transparent, controlled by the organization members and not influenced by a central government. The legislation allows DAOs to engage in business in the state, while also positioning Tennessee as a hub for DAOs. Though DAOs are still in early phases of development, there are over $9.5 billion in DAO treasuries and over 5,000 DAOs across the world, with 1.3 million members. But most of these DAOs are not being formed in the United States. This bill seeks to provide clarity in the regulation in order to bring more of these DAOs to Tennessee.

Reinstating work requirements for SNAP benefits – The Senate Health and Welfare Committee voted in favor of legislation sponsored by Senate Majority Leader Jack Johnson (R-Franklin) to reinstate work requirements in order for individuals to receive Supplemental Nutrition Assistance Program (SNAP) benefits, formerly known as food stamps. During the COVID-19 pandemic, the work requirements for SNAP benefits – which require able-bodied individuals between the ages of 18 and 49 to work, train or volunteer for at least 20 hours per week – were suspended. Senate Bill 2071 also makes clear that any waivers to the work requirement issued by the Department of Human Services must have just cause. The bill now moves to the Senate floor for final approval.

Recognizing military service for retirement credit / state employees – To honor the service and sacrifice of military veterans, the Senate State and Local Government committee approved a measure to expand retirement benefits for state employees who served in armed conflicts. At present, the state allows military veterans who served prior to 1975 to receive time served in the military credited to the Tennessee Consolidated Retirement System (TCRS) for up to four years at no cost to the employee. Senate Bill 2057, sponsored by Senator Ferrell Haile (R-Gallatin), adds to the current law by allowing those who served in armed conflicts after 1975 to purchase up to four years of service credit in TCRS. Each year of service credited to TCRS would cost nine percent of their current annual pay. The bill advances to the Finance, Ways and Means Committee.

Offering veterans the day off on Veterans’ Day — Passed by the Senate this week, Senate Bill 2879 by Sen. Paul Bailey (R-Sparta) ensures veterans have the ability to take the entirety of Veterans Day off as a non-paid holiday. The bill defines a veteran as a former member of the armed forces of the United States, or a former or current member of a reserve or Tennessee national guard unit who was called into active military service of the United States.

Providing tax relief for victims of natural disasters – To help aid citizens who experienced damage to their properties following an array of natural disasters in West and Middle Tennessee in 2021, the Senate State and Local Government Committee approved legislation providing tax relief for these victims. Senate Bill 2821, sponsored by Sen. Kerry Roberts (R-Springfield), allows the local legislative bodies in Cheatham, Decatur, Dickson, Dyer, Gibson, Lake, Obion, Stewart and Weakley Counties to provide property tax proration to victims of natural disasters upon a two-thirds approval of its members. Additionally, the measure allows for a sales tax refund on major appliances, residential furniture and residential building supplies for those impacted by the floods in Humphreys County, upon a two-thirds approval of the local legislative body. The legislation uses guidance from previous state action following the 2010 floods in Middle Tennessee and the 2018 wildfires in East Tennessee.

Restitution for children of victims of DUI offenders — In the event a parent of a minor child is killed by an intoxicated driver, Senate Bill 2103 requires the convicted offender to pay restitution in the form of child maintenance to each of the victim’s children until each child reaches 18 years of age and has graduated from high school or the class of which the child is a member has graduated. The bill requires the court to determine a reasonable payment after considering factors including the financial needs of the child and the financial needs of the surviving parent, among other criteria. Sponsored by Sen. Mike Bell (R-Riceville), the bill advanced out of the Judiciary Committee this week. It next goes to the full Senate.

Increasing safeguards for residential child care agencies – Legislation was approved by the Senate this week that was a result of the joint study commission on refugee resettlement issues. Senate Bill 2730, sponsored by Sen. Dawn White (R-Murfreesboro), puts into place additional safeguards of reporting requirements for residential child care agencies (RCCAs). Under the legislation, RCCAs would be required to disclose all contracts in agreement with third parties to provide care, housing and placement for children in Tennessee in order to receive a new license or license renewal. Additionally, it requires the Department of Children’s Services to revoke the license of a facility that provides residential child care if more than two employees or three percent of employees have been charged with criminal offenses related to their job responsibilities and the children for which the agency cares. It also requires an annual report showing the reasons for transfers of children. Lastly, the legislation requires the child care facility to report the names of children who have escaped or disappeared from the RCCA.

Enhancing penalties for burglary — Passed by the Judiciary Committee, Senate Bill 2854 sponsored by Sen. Mike Bell (R-Riceville) increases the penalty for aggravated burglary from a Class C felony to a Class B felony if the home is occupied at the time of the offense. The bill also increases the penalty for an especially aggravated burglary, which is when a victim suffers serious bodily injury during the burglary, from a Class B felony to a Class A felony when the burglary is of a habitation.

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(NASHVILLE) March 31, 2022 – Action on Capitol Hill continued to shift from committees to the floor of the Senate this week as lawmakers worked diligently to approve many important bills. Over half of the Senate’s nine standing committees have completed their business for the 112th General Assembly. Meanwhile, the state budget will be the central focus during the final weeks before adjournment.

Governor Lee proposes new budget amendment

Finance and Administration Commissioner Butch Eley briefed members of the Senate Finance Committee this week on Governor Bill Lee’s proposed additions to the 2022-2023 state budget.  The total cost of the proposed budget is $52.8 billion.  Changes to the proposal include $241 million for one-time budget expenditures and $74 million for recurring items. The new amendment reflects Governor Lee’s priorities to focus on long-term, strategic, one-time investments that can help the state withstand future economic downturns.

“We’ve talked a lot in the last couple years about a multi-year approach as we have gone through the pandemic and have come out the other side in a much better place than many states,” said Eley. “We are in a very positive financial position. Two years ago we took a number of steps to prepare for whatever storms that needed to be weathered. What you have before you this year continues that multi-year approach of having a long view and continuing to be in a sound financial posture.”

Among the new budget initiatives proposed are investments in entertainment venues.  It includes a $500 million bond authorization and $55 million recurring to cover the debt service to help complete a new covered stadium that would be home to the Tennessee Titans. The governor is also proposing $17 million in grants to prepare a Nashville track for a NASCAR race.

“The Finance, Ways and Means Committee will dig down deep on this budget proposal, as we always do,” said Finance, Ways and Means Chairman Bo Watson (R-Hixson). “We should have a robust debate anytime we are spending taxpayer dollars, and this budget will be no exception. The governor’s administration and the Tennessee Titans will have to make their case as to why such a sizable investment is a good idea.”

Another sizable addition to the proposed budget is a one-month grocery sales tax holiday so Tennesseans can keep more money in their pockets to help provide relief amid rising inflation. This would cost $80 million in non-recurring funds.

Other highlights of the new proposed budget include:

• $66 million for air carrier support with $12 million for general aviation
• $20 million to reduce the professional privilege tax on brokers, lawyers, doctors, and lobbyists from $400 to $300 per year
• $20 million for riverfront development in Memphis
• $15 million for voting machines with a paper trail
• $10 million for the National Civil Rights Museum in Memphis
• $3.9 million for Booker T. Washington State Park
• $9 million for TCAT Campus Expansion

The Senate is also considering removing the state portion of the license plate registration fees for a full year, which could save Tennessee drivers $121.6 million. In the coming weeks, the General Assembly will continue to review the Governor’s proposal and work on crafting a balanced budget that benefits all Tennesseans and continues the state’s record of fiscal responsibility.

Transparency in Sentencing for Victims Act advances in Judiciary Committee

Senate Bill 2183 is designed to better inform crime victims and their families about how much time an offender will serve at the time of sentencing. It passed the Judiciary Committee this week and next goes to the full Senate. Sponsored by Sen. John Stevens (R-Huntingdon) and Lt. Gov. Randy McNally (R-Oak Ridge), the bill would require all Tennessee courts to place on the record the estimated number of years and months to be served before a criminal is eligible for parole.

“Transparency in Sentencing is necessary to create true accountability for the criminal justice system. Victims and the general public need to have all information possible. This transparency will help mitigate any false sense of security victims might previously have felt after hearing a ‘full’ sentence imposed,” said Lt. Gov. McNally. “This bill will allow victims to process what is really happening and lets the public know as well. I was honored to work on this outstanding legislation with Senator Stevens and Speaker Sexton.”

Currently, when a criminal defendant is being sentenced, it is unknown when that criminal defendant is going to be released unless they are required to serve a 100% sentence without credits.

Senate Republicans vote to balance power of government agencies in courts

Senate Republicans voted this week to pass legislation directing courts to no longer give deference to administrative agencies over citizens and businesses. Senate Bill 2285, sponsored by Senate Judiciary Chairman Mike Bell (R-Riceville), directs courts to take up cases that involve the interpretation of administrative rules “de novo”. This means a court will have to decide these cases without reference to any legal conclusion or assumption made by a previous court.

The bill directly addresses a landmark U.S. Supreme Court Decision which established the “Chevron Doctrine” in 1984. This ruling gave deference to administrative agencies in the interpretation of their own rule. Supporters of this legislation say the Chevron Doctrine has been responsible for expanding the administrative state at the cost of the average citizen and business.

“This deference is not how our justice system is supposed to work,” said Bell. “We’ve all seen the pictures of Lady Liberty. She has her eyes blindfolded, and she is holding a scale that is balanced. That’s what our justice system is supposed to be. But this U.S. Supreme Court case called Chevron, which says to give deference to the agency, has tilted our scales. It has tilted the scales away from our businesses, away from our citizens and towards the administrative state.”

Bell says this legislation will balance these scales using authority the legislature has demonstrated 60 different times to direct courts to rule on cases “de novo”.

Education Committee approves legislation promoting fairness in school sports 

Two bills aimed at ensuring fairness in school sports advanced out of the Education Committee this week. Last year, the General Assembly passed legislation prohibiting biological males from participating in girls’ sports in public K-12 education. Senate Bill 2153, sponsored by Senator Joey Hensley (R-Hohenwald) would extend that prohibition to public higher education institutions.

“This bill is trying to level the playing field for female athletes who’ve trained all their lives, especially in college where they’re competing on a high level,” said Sen. Hensley. “When they have to compete against a biological male it’s just not fair. This bill is just trying to help those females be able to play on a level playing field.”

There have been numerous examples of biological males competing and winning in women’s sporting events throughout the country, including in the NCAA 500-yard freestyle last month, Hensley noted.

The Education Committee this week also passed Senate Bill 1861, also sponsored by Hensley, which builds off the aforementioned legislation passed last year. Under the bill, the Tennessee Department of Education would withhold a portion of state funds from public middle or high schools that fail or refuse to determine a student’s gender at the time of birth for participation in school sports. The bill would take effect July 1, 2022.

Senate advances legislation increasing benefits for teachers

The Education Committee this week advanced legislation to increase benefits for Tennessee teachers. One measure would award bonuses to public school teachers who achieve certain performance measures. Senate Bill 1981, sponsored by Senator Hensley, would require the Department of Education to establish a grant program to award the bonuses. Under the program, teachers would receive awards based on the performance designation of their most recent evaluation. The awards include:

• $1,000 bonus for performing “above expectations”
• $2,000 bonus for performing “significantly above expectations”
• $3,000 bonus for teachers who score “above expectations” and at least 40% of their students received a passing, proficient or “on track” score on a state assessment
• $4,000 bonus for teachers who score “significantly above expectations” and at least 55% of their students received a passing, proficient or “on track” score on a state assessment

A teacher meeting either of the first two metrics above may receive only one bonus per year, and a teacher who meets the last two metrics may receive up to two bonuses per year. The bill does not prohibit an LEA from awarding teachers additional bonuses beyond the ones outlined in this bill.

Another legislative initiative aims to increase affordability of graduate school for teachers furthering their education. Senate Bill 2721, sponsored by Senator Dawn White (R-Murfreesboro), waives the cost of one course at any state college or university.

In Brief

Expanding access to wheelchairs – The Senate voted to expand access to important medical equipment for Tennesseans who need assistance getting around outside their homes. Senate Bill 2134, sponsored by Senator Shane Reeves (R-Murfreesboro), ensures that those who require Complex Rehabilitation Technology (CRT), defined as high-end, power and manual wheelchairs, are able to obtain them through their health insurance. These chairs are expensive and can range from $25,000 to $45,000, requiring many people to rely on insurance to afford them. However, currently there are policies that deny a wheelchair to someone in need because it is taken outside of their home to places such as church, the grocery store, or doctor’s appointments. This bill prohibits a health insurer from considering the location of where CRT can be used when making the medical necessity determination.

Helping visually impaired with prescription medication – The Senate approved legislation to ensure a visually impaired individual will have access to prescription labels and materials that are appropriate to their needs. Senate Bill 1859, sponsored by Senator Becky Massey (R-Knoxville), allows those with disabilities to request their prescription information to be printed with either large print or Braille, or given audibly. This will prevent those with visual impairments from taking the wrong medication or dosage.

Extending handgun carry permits – Senate Bill 2701, sponsored by Sen. Janice Bowling (R-Tullahoma), would extend the validity of enhanced handgun carry permits from eight years to the lifetime of the permit holder. The Judiciary Committee advanced the bill this week. For enhanced handgun carry permits issued before July 1, 2022, the permit may be submitted to the Department of Safety, which will issue a replacement permit that does not have an expiration date. There will be a $50 fee to do so. The bill would not change current requirements for background checks of permit holders every four years. The act would take effect on July 1, 2022 and would apply to enhanced handgun carry permits issued before, on or after that date.

Cracking down on littering — A bill that provides a new tool to neighborhood associations to prevent littering cleared the Judiciary Committee this week. Senate Bill 2376, sponsored by Senator Paul Rose (R-Covington), adds criminal littering and aggravated criminal littering to the list of offenses for which a neighborhood association may seek an injunction or restraining order prohibiting a repeat offender from entering the neighborhood. The bill only applies to repeat offenders dumping 100 hundred pounds or more and targeting specific residential areas.

Taking action against abortion advocacy in public schools — The Education Committee this week passed legislation intended to prevent abortion advocacy in public schools. Senate Bill 2158, sponsored by Sen. Hensley, prohibits an LEA or public charter school seeking assistance in teaching family life from knowingly entering into an agreement with a person or entity that performs abortions, induces abortions, provides abortion referrals, or provides funding, advocacy or other support for abortions.

Revising teacher evaluation criteria — The Education Committee this week passed legislation that requires greater consideration of student achievement in teacher evaluations. Senate Bill 2155, sponsored by Hensley, lowers the teacher observation component of the evaluation from 50% to 40% and increases the student achievement component from 15% to 25% to more adequately measure the proficiency of students.

Increasing penalties for boating under the influence — Legislation that increases penalties for boating under the influence earned Judiciary Committee approval this week. Senate Bill 2736, sponsored by Senator Dawn White (R-Murfreesboro), would enact “Nicholas Law,” which makes a boating under the influence conviction equal to that of driving under the influence for the purpose of determining whether the offender is a repeat offender. In other words, if someone is convicted of boating under the influence and is later convicted of driving under the influence, they could be punished the same as if they were guilty of two DUIs.

Prohibiting Delta-8, high THC products – The Senate Judiciary Committee advanced legislation to prohibit products with high levels of THC from being sold in Tennessee. Senate Bill 1904, sponsored by Senator Richard Briggs (R-Knoxville), prohibits products containing more than 0.3% THC, which is considered marijuana. Delta-8 THC is a synthetic product chemically converted from CBD that contains more than 0.3% THC. Despite the high THC concentration and a health advisory warning from the FDA, Delta-8 is currently a legal substance in the state. This bill aims to protect consumers from a drug that has resulted in over 2300 calls to poison control centers for adverse reactions. It now advances to the Senate Finance, Ways and Means Committee.

New offenses for heinous crimes — Passed by the Judiciary Committee this week, Senate Bill 2841, sponsored by Hensley, creates three new offenses that apply to particularly heinous, worst-of-the-worst crimes. The new offenses include especially aggravated rape, especially aggravated rape of a child, and grave torture. The crimes are punishable by imprisonment for life without the possibility for parole or death.

Protecting against sex offenders — Passed by the Judiciary Committee this week, Senate Bill 1786, sponsored by Senator Jon Lundberg (R-Bristol), prohibits a sexual offender, violent sexual offender, or a violent juvenile sexual offender from renting or offering to rent a swimming pool, hot tub or other body of water used for swimming. Violating the proposed law would be a Class A misdemeanor.

Expanding the definition of unlawful photography – The Judiciary Committee this week passed legislation that would expand the definition of unlawful photography. The offense currently applies to situations in which a person knowingly photographs someone without consent and the photograph is used for the purposes of sexual arousal or gratification. Senate Bill 2362,  sponsored by Senator Janice Bowling (R-Tullahoma), expands that definition to include photographs taken without consent that include the unclothed intimate area of an individual and that were taken for the purpose of embarrassing or harassing the victim, among other criteria.

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(NASHVILLE, Tenn.), March 24, 2022 – The Senate this week passed legislation that protects students and employees at public universities from being forced to believe or embrace divisive concepts.

Senate Bill 2290 stipulates that students or employees at public higher education institutions must not be penalized, discriminated against, or adversely treated due to the student’s or employee’s refusal to endorse divisive concepts. The bill also prohibits public universities from requiring training programs that include divisive concepts.

The bill lists 15 definitions of a divisive concept that are nearly identical to those included in legislation pertaining to public K-12 schools that passed last year, including the following:

• One race or sex is inherently superior or inferior to another race or sex.
• An individual by virtue of their race or sex is inherently privileged, racist, sexist, or oppressive, whether consciously, or subconsciously.
• An individual should feel discomfort, guilt, anguish, or another form of psychological distress solely because of the individual’s race or sex.
• This state or the United States is fundamentally or irredeemably racist or sexist.

“This bill doesn’t tell faculty members that they can’t teach or mention these divisive concepts, but it does say there can’t be any adverse action taken against a student who doesn’t conform or doesn’t believe these divisive concepts,” said bill sponsor Sen. Mike Bell (R-Riceville). “Whether it’s a faculty member or a student, we need to make sure no punishment is taken out on them either through denial of tenure, promotion or a grade because they don’t go along with these divisive concepts.”

The bill also requires public universities to conduct a biennial survey of students and employees to assess the campus climate with regard to diversity of thought and the respondents’ comfort level in speaking freely on campus. The findings would be presented to legislative committees during budget hearings.

If a student or employee feels they’ve been treated unfairly with regard to divisive concepts, the bill states they can pursue whatever legal remedies are currently available to them.

Education Committee advances TISA with amendments

The Tennessee Investment in Student Achievement Act (TISA), which would overhaul the state’s funding formula for public education, advanced out of the Education Committee this week. It will be reviewed by the Finance, Ways and Means Committee next week.

TISA (Senate Bill 2396) would change the state’s funding formula for the first time in more than 30 years from a district-based model to a student-based model.

“This formula is truly a student-centered formula. It allocates money to kids and the needs of kids,” said Senate Majority Leader Jack Johnson (R-Franklin), the sponsor of the bill. “We can do something with this formula that we can’t do now. That is we can take a kid from any county in Tennessee and we know exactly how much money is being appropriated to that student. We need that shared accountability so we know whether money is being spent in a manner that we prescribed as a General Assembly.”

Starting in the 2023-24 school year, TISA would invest an estimated $9 billion in education funding for the state, including state and local funds, which would include an additional recurring state investment of $1 billion.

TISA would award each school district a base amount of $6,860 per student that is meant to cover the basics of education such as teacher and staff salaries, facility operations and more. There would be additional funding weights for students who need extra support, such as those who are economically disadvantaged, live in a rural area, or have a unique learning need, among other criteria. The formula would also provide “direct funding” for programs that offer students learning opportunities beyond everyday classroom instruction, as well as outcomes-based funding for districts that meet performance certain goals.

The bill passed through the Education Committee with several amendments. Among them is an amendment that requires certain individuals involved in making local school funding decisions to pass a training assessment about how the new formula works, and another amendment that makes charter school funding a direct funding component that is not part of the base or weights.

Legislation protecting critical energy infrastructure gets Senate approval

The Senate this week passed legislation to protect critical energy infrastructure statewide. That includes storage tanks, pipelines, gas transmission lines and other infrastructure that is necessary to transport reliable and affordable fuel to support Tennessee’s economy and to meet the day-to-day demands of transportation and manufacturing.

Energy infrastructure often crosses multiple county lines. Senate Bill 2077 would prevent local governments from blocking such infrastructure while preserving local zoning authority.

“A locality should not have the authority to outright ban energy infrastructure when that infrastructure serves the vital needs of the people of an entire state,” said bill sponsor Sen. Ken Yager (R-Kingston). “Industries involved in energy and energy infrastructure are some of the most highly regulated in the state. Many federal laws already regulate safety aspects of pipeline construction and maintenance.

“These pipelines, storage tanks, and other infrastructure segments provide natural gas, petroleum and other energy sources to those who need it,” Yager continued. “This bill keeps general local zoning power intact, and it only states that local governments cannot outright ban altogether this sort of infrastructure that is necessary to access reliable, affordable energy sources.”

Senate passes bill addressing school staffing challenges

The Senate passed legislation this week to help school districts across Tennessee address ongoing staffing challenges. Senate Bill 2702 would allow retired members of the Tennessee Consolidated Retirement System (TCRS) to be reemployed as a K-12 teacher, K-12 substitute teacher, or as a K-12 bus driver without the loss or suspension of the retired member’s TCRS benefits.

“I’m appreciative of my Senate colleagues for passing this important legislation that I believe will go a long way to alleviating the staffing crunch facing schools statewide,” said Sen. Yager. “Many retirees are already helping their local school districts and want to continue to help, but are being held back by current requirements. This bill temporarily removes those barriers to provide much needed support in our schools.”

Currently, retired members of TCRS may return to work, but only for a maximum of 120 days. This bill removes that limit as long as each retiree that participates is 60 or more days past their retirement date.

During the reemployment, retirement benefits would be reduced to 70 percent of the retirement allowance the member is otherwise entitled to receive, and the existing salary cap would be removed. The bill would be effective from July 1, 2022 to June 30, 2025.

COVID-19 visitation law passes in Senate

Sponsored by Sen. Rusty Crowe (R-Johnson City), Senate Bill 2574 makes it clear that nursing homes and assisted living facilities will be required to allow a resident to have visitors not only during normal conditions, but also during an end-of-life situation if a disaster, emergency or public health emergency for COVID-19 has been declared. The bill was unanimously passed by the Senate this week.

The bill stipulates that visitors must agree to follow safety protocols and cannot exhibit symptoms of COVID-19 or other communicable diseases, and cannot violate federal or state law regulating each facility.

“During the height of the COVID-19 pandemic, many Tennesseans were prevented from being with their grandparents, mothers, fathers, sons, daughters, and other loved ones during their final days of life,” said Sen. Crowe. “I received so many heartbreaking calls from families who experienced this. I hope this bill ensures this never happens again.”

Bill would prohibit restrictions on religious institutions during emergencies

A bill that would prohibit restrictions on religious organizations during emergencies received Senate approval this week.

Senate Bill 1197 would prohibit the state, political subdivisions or a public official from limiting the lawful operations of a church or religious organization during a state of emergency or natural disaster.

“This bill simply codifies our first amendment rights in the Constitution,” said Sen. Janice Bowling (R-Tullahoma), the sponsor of the bill.

Committee advances voter integrity legislation

Senate Bill 2245 prohibits non-U.S. citizens from participating in federal, state, or local elections in Tennessee. The bill passed out of the State and Local Government Committee this week.

“This legislation specifically ensures that no local government entity attempts to give voting rights to non-U.S. citizens as we’ve seen happen in some other states,” said bill sponsor Sen. Joey Hensley (R-Hohenwald). “The bill helps us to make sure the proper people are registered to vote.”

The bill also gives additional tools to the coordinator of elections to identify non-U.S. citizens on the voter rolls as well as Tennesseans who’ve moved to another state.

Bill cracks down on anti-Semitism in schools

The Education Committee this week advanced a bill seeking to prevent anti-Semitism in schools.

Senate Bill 2684 as amended defines anti-Semitism, prohibits anti-Semitic acts in schools, and requires schools to investigate complaints alleging discriminatory anti-Semitic acts within 90 days.

“Although the Holocaust is decades behind us and today we reflect in horror at this atrocious time in our history, it has been reported anti-Semitism is on the rise,” said bill sponsor Sen. Paul Rose (R-Covington). “This bill simply aims to codify a prohibition of anti-Semitism in our schools in Tennessee.”

The bill clarifies it is not intended to infringe on free speech nor restrict teachings or the discussion of the history of Jews, Judaism, or the state of Israel, said Rose.

Gov. Lee proposes 30-day grocery tax suspension

On Thursday Gov. Bill Lee announced his proposal for a 30-day suspension of state and local grocery sales tax to provide direct financial relief to Tennesseans amid surging inflation nationwide.

“As Americans see their cost-of-living skyrocket amid historic inflation, suspending the grocery tax is the most effective way to provide direct relief to every Tennessean,” said Gov. Lee. “Our state has the ability to put dollars back in the pockets of hardworking Tennesseans, and I thank members of the General Assembly for their continued partnership in maintaining our fiscally conservative approach.”

The Governor’s proposal to suspend state and local sales tax on groceries for 30 days will be included in the Fiscal Year 2022-2023 budget amendment, which will be delivered on Tuesday, March 29. Lee hosted a roundtable with business leaders in Covington on Thursday, March 24, to discuss the tax cut proposal and hear about the local impacts of nationwide economic challenges.

In Brief:

The Senate passed the following bills this week:

Telehealth — Senate Bill 2453 deletes the sunset provision of the telehealth bill enacted by the General Assembly in 2020, requiring health insurance entities to continue to reimburse for healthcare services provided during telehealth encounters consistent with what is provided for in-person encounters. Without the bill, the 2020 legislation would have expired in April.

Computer science —Senate Bill 2406 requires the Department of Education to adopt standards for computer science education by the 2023-2024 school year. Under the bill, by the 2024-2025 school year all high school students would be required to take a full year of computer science education in order to graduate and middle schoolers would have to take at least one computer science course.

Veterans — Senate Bill 2551 authorizes the issuance of a disabled veteran registration plate without payment of a fee to a veteran with a service-connected disability.

Teachers — Senate Bill 1986 aims to remove a negative incentive for high performing teachers to teach at low performing schools. The bill allows teachers to rely more heavily on observation for the Level of Overall Effectiveness scores during adoption years, helping to reduce the negative incentive. Sponsored by Sen. Paul Rose, the bill shifts the policy to instead encourage, rather than harm, high performing teachers to teach at struggling schools.

Crime classification — Senate Bill 2087 requires that a person convicted of aggravated assault that involved the use or display of a deadly weapon be punished one classification higher than otherwise provided by law if the violation was committed by discharging a firearm from within a motor vehicle.

Landlord and Tenant — Under present law, when a landlord seeks to reclaim a rental property from a tenant who has breached the contract by not paying rent, if the tenant appeals the judgement then they must execute a bond. Senate Bill 1994 extends the applicability of that provision to all appeals by a tenant.

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