(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.