Lee proposes unprecedented $3.3 billion investment in transportation and infrastructure

(NASHVILLE) February 10, 2023 — This week was highlighted by Governor Bill Lee delivering his fifth State of the State Address on Monday evening in a joint session of the General Assembly. In the speech titled ‘Tennessee: Leading the Nation,’ the Governor presented his $55.6 billion budget proposal and legislative priorities for 2023. Tennessee’s strong fiscal stewardship places the state in one of the strongest budgetary positions in history and allows for investments to ensure continued success. Gov. Lee’s future-looking proposal includes funding to modernize transportation, ensure economic and educational opportunity, preserve the state’s natural resources, protect children, strengthen families and more.

“Tennessee is leading the nation as a guiding light for opportunity, security and freedom,” said Lee. “I’m proud to propose a budget and strategic policies that ensure our state continues to be a shining example for educational opportunity, strong families, innovation and economic prosperity.”

Lee highlighted Tennessee’s success in attracting businesses, rural economic development and education.

“Folks, the American people know a leading state when they see one,” Lee said in Monday night’s address. “That’s why people, families and companies are moving here in record numbers. Our investments in public education, workforce development, safe schools – and our commitment to freedom and families – have all earned national recognition.”

“Our commitment to a high quality of life does not stop at the borders of big cities,” Lee continued. “In fact, it begins in the most rural areas of our state. Thanks to that commitment, the number of distressed counties in Tennessee has dropped from 15 to 10, and we are not done.”

Transportation and infrastructure emerged as the top budget item of the night. Gov. Lee proposed a $3 billion transportation modernization fund to alleviate urban congestion and fund rural road projects across the state.

Another big priority Lee highlighted during the speech is protecting Tennessee children by investing $190 million in the Department of Children’s Services (DCS) and improving adoption and foster care services. In addition, Lee is proposing $100 million for Crisis Pregnancy Provider Support Grants statewide, improving access to healthcare and providing information for expecting mothers. Pro-life lawmakers in the General Assembly have identified similar priorities and introduced a slate of legislation to solidify Tennessee’s commitment to protecting children not only before birth but throughout their childhood as well.

Lt. Gov. Randy McNally praised Gov. Lee’s plans: “Gov. Lee gave an outstanding State of the State address. His vision for the future is conservative, forward-thinking and fiscally responsible. He is focused on continuing to do the things Tennessee does well while making strategic investments that will pay off big in the future, like education and infrastructure. These substantial investments will keep Tennessee safe, strong and prosperous, not just today, but for years to come.”

Other notable highlights from Gov. Lee’s Fiscal Year 23-24 agenda include:

• $150 million in annual tax relief for small businesses
• $288 million for a one-time three-month sales tax holiday on food
• $250 million into Tennessee’s record-high Rainy-Day Fund
• Ensuring more than $2.8 billion of recurring revenue is allocated to one-time expenditures, allowing the return of these resources for review and budgeting next fiscal year
• $1 billion for improving, expanding and building new Tennessee Colleges of Applied Technology (TCAT)
• $350 million in additional funding to local education agencies through Tennessee Investment in Student Achievement (TISA), including $125 million for teacher pay raises
• $351 million to improve and create new state parks, trails and greenways
• $80 million for environmental cleanup across the state
• $33 million to add 100 highway patrol troopers, support staff and 25 Tennessee Bureau of Investigation Forensic Services staff
• $30 million addition to the TN Law Enforcement Hiring, Training and Recruitment Program (Year 2)
• $50 million expansion of the Violent Crime Intervention Fund

Tennessee’s conservative fiscal management results in $300M of additional federal funds to extend TennCare

A major announcement made by Gov. Lee during the State of the State was that Tennessee has claimed initial returns from the first-of-its-kind TennCare Medicaid waiver agreement of more than $300 million. These savings are the result of Tennessee’s conservative fiscal management and will be reinvested into TennCare to extend coverage to more citizens in need with no additional cost to taxpayers. Lee is proposing to strengthen postpartum and infant care with the recognized savings.

The historic Medicaid waiver agreement granted Tennessee more flexibility managing TennCare. The resulting new program, known as TennCare III, is the only federally-approved waiver of its kind.

“This is a good example of how government can and should work for all Tennesseans,” said Senate Commerce and Labor Committee Chairman Paul Bailey (R-Sparta). “The savings from this waiver prove that our excellent conservative fiscal management in Tennessee yields big returns for taxpayers and enables us to provide better care to more citizens in need. I am excited for the future of this program and grateful to Governor Lee for his support and the amazing folks at TennCare who worked hard to secure this waiver and improve efficiencies.”

In 2019 the General Assembly passed legislation, sponsored by Bailey, directing TennCare to negotiate with the Centers for Medicare and Medicaid Services (CMS) to reach an agreement that would provide the state with more flexibility managing TennCare administration.  In 2021, following over one year of discussions and negotiations, CMS approved Tennessee’s Medicaid Block Grant waiver amendment.

Tennessee has now been operating under TennCare III for two years. Since that time, the state has made notable and unprecedented investments into TennCare, including:

• Providing a comprehensive dental benefit for adults for the first time in Tennessee history;
• Serving thousands of additional people with intellectual and developmental disabilities;
• Providing 12 months of postpartum coverage to mothers through a pilot program;
• Workforce investments in behavioral health, home and community-based care, and dental services; and
• Additional investments in public hospitals.

“Our waiver actually rewards a state for efficient, responsible management of taxpayer resources by awarding additional federal funds – known as shared savings – to serve the most vulnerable,” said Governor Lee during Monday night’s address.

Lee is proposing to use the shared savings to enhance benefits and serve 25,000 additional Tennesseans with a focus on babies, children, pregnant women and parents. These efforts include:

• Making our post-partum coverage extension for women on TennCare permanent;
• Expanding eligibility for pregnant women and providing lactation services and supports to new mothers
• Expanding eligibility for parents and caretakers of children; and
• Providing one year of continuous enrollment for children.

In the coming weeks and months, the General Assembly will review Governor Lee’s budget proposal and make its own budget recommendations, which will include ways to reinvest the shared savings from the Medicaid waiver.

In Brief…

Protecting Children – Senate Republicans passed legislation on Thursday to protect children from being exposed to sexually explicit performances. Senate Bill 3, sponsored by Senate Majority Leader Jack Johnson (R-Franklin), restricts adult cabaret performances that appeal to a prurient interest from being performed on public or private property if kids could be around to see it. Another bill to protect children, Senate Bill 1 also by Johnson, passed the Judiciary Committee this week. It seeks to prohibit minors from undergoing irreversible and harmful hormonal treatment or surgical procedures to change their gender identity. It will now advance to the Senate floor for a final vote.

Establishing learning camps — The Senate Education Committee this week passed legislation that would indefinitely extend summer and after-school learning camps implemented on a temporary basis during the COVID-19 pandemic. In the summers following the 2020-2021 and 2021-2022 school years, all school districts in the state were required to offer in-person learning loss remediation and student acceleration programs, including summer camps, summer learning camps, after-school learning mini camps and learning loss bridge camps. These programs have been a success: in the summer of 2021 over 121,000 students participated with an attendance rate of 96%. In the summer of 2022, over 90,000 students participated in the summer camps. Furthermore, students statewide improved in English language arts and math after attending the summer camps. Senate Bill 249, which is sponsored by Senate Majority Leader Jack Johnson (R-Franklin) and received unanimous support by the Education Committee this week, would continue the successful track record of these camps by making them permanent.

Enhancing support for deaf children — Senate Bill 4, which would create a deaf mentor and parent advisor program, received unanimous support from the Senate Education Committee this week. Implemented in 2019 on a pilot basis, the program assists families in implementing bilingual and bicultural home-based programming for young children who are deaf, hard of hearing or deaf-blind. The program would be available at the West Tennessee School for the Deaf in Jackson; the Tennessee School for the Deaf, Knoxville campus; and the Tennessee School for the Deaf, Nashville campus. The program focuses on preventing language deprivation or gaps through insufficient language access, providing a positive impact on a child’s social and emotional development and ensuring deaf children have equal access to learning opportunities, among other objectives. The program also provides hearing parents of deaf children the option of using a deaf mentor to expose the child to American sign language and deaf culture. The bill is sponsored by Sen. Becky Massey (R-Knoxville).

Expanding the state’s education savings account program — Legislation expanding Tennessee’s education savings account pilot program to Hamilton County advanced out of the Senate Education Committee this week. The pilot was established in 2019 to serve low-income students zoned to public schools in Metro Nashville, Shelby County and the state’s Achievement School District (ASD). Sponsored by Sen. Todd Gardenhire (R-Chattanooga), Senate Bill 12 adds only Hamilton County to the list of counties participating in the pilot. The program is aimed at improving education opportunities for students by providing parental choice in districts that have the state’s highest concentration of poverty and priority schools, which are most in need of support and improvement. The Tennessee ESA program allows qualifying students to receive a scholarship of about $8,000 for various educational expenses, including tuition and textbooks.

Lowering state expenditures — In 2016, the state abolished Common Core standards and put into place a new, more transparent review system for educational materials. At the time, the textbook review period was set to six years. Senate Bill 421, which passed the Senate Educational Committee this week, extends the review period to eight years. Doing so reduces local expenditures by more than $16 million and lowers state expenditures by $101,000. Sponsored By Sen. Jon Lundberg (R-Bristol), the bill also creates more time for both the Textbook Instructional Materials Quality Commission and teachers to teach to the standards set by the legislature.

Retaining school teachers — Sponsored by Sen. Mark Pody (R-Lebanon), Senate Bill 578 allows teachers who are delinquent or in default on student loans to retain their teaching license and continue to teach. The bill passed the Senate Education Committee this week.

Enabling pay increases for Department of Children’s Services teachers — Sponsored by Senators Jack Johnson (R-Franklin) and  Dawn White (R-Murfreesboro), Senate Bill 244 makes DCS-employed teachers who work at youth developmental centers eligible for pay performance increases and longevity pay if they qualify.  It also ensures that special school districts educating juveniles in youth development centers are eligible for the same federal funding as other school districts in the state. The Wilder Youth Development Center in Fayette County is currently the only youth development center in the state. The bill was unanimously passed by the Senate Education Committee this week.

Bureau of Ethics and Campaign Finance – Legislation regarding the Bureau of Ethics and Campaign Finance passed the State and Local Government Committee on Tuesday. Senate Bill 158, sponsored by Sen. Richard Briggs (R-Knoxville), simplifies and streamlines certain procedures for the Tennessee Ethics committee, including disclosures, the Commission’s annual reports, and informal advisory opinions. The bill also requires certain additional information to be reported to the commission by local governing bodies. Similarly, Senate bill 159 also by Briggs, simplifies procedures for the Bureau of Ethics and Campaign Finance, increases its ability to effectuate responsibilities and decreases annual costs to save taxpayer dollars. The bill allows the executive director to hire or replace Bureau staff without board approval, establishes procedures to address and write off civil penalties that cannot be collected due to death or other issues and allows the registry and ethics committee to use email for notice to filers.

Reviewing Tennessee’s transportation needs — The Tennessee Department of Transportation (TDOT) presented to the Senate Transportation and Safety Committee this week on the state’s transportation needs. The 2017 Improve Act included 962 transportation projects — a number that has since risen to 1,037 —, of which about 30% have been completed. After taking inflation into account, the cost of delivering all remaining projects totals $16 billion: about $5.2 billion would be used to address traffic congestion with the other $10.8 billion going to other projects. But the number of transportation projects and funding now needed in Tennessee is much higher considering the rapid growth in the state in recent years.

TDOT officials say $26 billion is needed to address traffic congestion in Tennessee. TDOT currently spends $1.2 billion annually on its program of work, with over half of that total needed for maintenance of existing infrastructure and safety upgrades. That leaves about $500 million for new projects annually throughout the state. Officials also noted state funding for transportation is not keeping up with inflation and the federal Infrastructure and Jobs Act does not represent a “significant increase” in funding.

To address the state’s transportation funding needs, TDOT is asking to raise electric vehicle registration fees so those drivers would pay as much as other motorists pay in fuel taxes. The department is also asking the General Assembly to allow the state to enter into public private partnerships to build additional choice lanes to address traffic congestion in urban areas. Those projects would free up dollars from the existing revenue stream that could then be spent on expanding Tennessee’s interstates, officials said. More detailed information on those requests will be discussed in the coming weeks.

New rules for license plates — The Senate Transportation and Safety Committee this week advanced several bills pertaining to license plates. Sponsored by Senate Speaker Pro Tempore Ferrell Haile (R-Gallatin), Senate Bill 366 allows emergency communication dispatchers to be eligible for emergency personnel license plates so they can access call centers in a timely fashion during emergencies. Senate Bill 402, which is sponsored by Sen. Becky Massey (R-Knoxville), grants licensed physical therapists the same authority that a physician has to allow disabled persons to obtain disabled license plates and placards. Finally, Senate Bill 257 sponsored by Senate Leader Jack Johnson (R-Franklin) eliminates the license plate fee for parents or guardians of people who are permanently confined to a wheelchair and who do not own or operate a vehicle. The bill also discontinues honorary consular cultural license plates as they can mislead law enforcement into thinking the driver has diplomatic immunity.

The committee this week also advanced Senate Bill 259, which enhances roadway safety by ensuring motorists who have had their driver licenses revoked in another state cannot drive in Tennessee and vice versa. That bill is sponsored by Johnson and Sen. Brent Taylor (R-Memphis).

Silver Alert Awareness Month – Since the Silver Alert program was signed into law in 2021 to ensure the safe return home of those with dementia or an intellectual, developmental or physical disability, the General Assembly has designated May as Silver Alert Awareness month each year. This week, the State and Local Government Committee approved Senate Bill 23, sponsored by Sen. Becky Massey (R-Knoxville), to permanently designate May as Silver Alert Awareness Month. This move will help spread the word about the program to the public and aid the Tennessee Bureau of Investigation in safely returning these individuals to their families. The program has had tremendous success and has safely returned 153 Tennesseans since June of 2021.

Uniform Font for Registers of Deeds– To make it easier for elderly and visually impaired citizens to read documents submitted to the Registers of Deeds, the State and Local Government Committee passed Senate Bill 124, sponsored by Sen. Page Walley (R-Savannah), to require documents be submitted in a minimum 12-point font.

Equal public records access – Legislation was approved in the State and Local Government Committee to make certain that all citizens have equal access to public records in the state. Senate Bill 86, by Walley, ensures that regardless of occupation, no person gets expeditious treatment over another when requesting public records.

Child Care Task Force Report – The Health and Welfare Committee this week heard an update from the Child Care Task Force, which was created by the General Assembly in 2021. The Task Force reported that lack of access to adequate and affordable child care has had a $2.6 billion adverse impact on the state’s economy. Many parents have left the workforce, been fired or had to turn down job offers because they lacked access to affordable quality child care. The task force noted that the state and local governments should continue to remove red tape on child care facilities and strengthen the child care workforce in order to improve options for parents.  They also recommended that Tennessee conduct a child care cost estimation study to better assess real child care costs, and create a shared resources hub to help consumers access all available information on quality childcare.

The Task Force highlighted public private partnerships as a way to increase access to childcare and pointed to Tyson Industry’s partnership with DHS to provide child care for their employees at no charge. Tyson recognized that accessible and reliable child care would result in a stronger workforce for its company. DHS is also engaged in discussions with Ford on the same issues. The department hopes that other companies will follow Tyson’s lead.

Annual Forestry Commission Report – The Energy, Agriculture and Natural Resources Committee heard an annual report from the Tennessee Forestry Commission this week. Tom Midyett, Chairman of the Tennessee Forestry Commission, warned the committee that the forestry workforce is aging and that in addition to the commission’s recruiting efforts, forestry-related courses should be added to high-school agriculture curriculum. Midyett also highlighted Tennessee’s exceptional wildfire suppression. The Tennessee Division of Forestry helps fight wildfires in conjunction with local fire stations and officials, and has the most advanced heavy equipment in the country.

(NASHVILLE) February 3, 2023 – This week, Senate committees voted on legislation and continued to hear reports from various agencies and organizations. Legislation passed committees to protect children from irreversible medical procedures to change their gender identity and inappropriate sexual performances. To help provide better care to children in state custody, Senators announced over fifteen bills aimed at improvements to DCS and adoption and foster care services. The Tennessee Investment in Student Achievement (TISA), a major education funding reform passed in 2022, is one step closer to being implemented in the 2023/2024 school year after the Joint Government Operations Committee gave a positive recommendation to the new TISA rules. In the Senate Health Committee, TennCare provided a report on their plan to phase out expiring federal funding from the pandemic and resume its income verification process. More information can be found on these issues and other Senate news in this week’s wrap-up.

Next week, Governor Lee will make his 2023 State of the State address on Monday, February 6 in a joint session of the General Assembly, where he will unveil his 2023 budget proposal.

Health Committee advanced legislation prohibiting irreversible medical procedures to change gender identity of child

Legislation that would prohibit minors from undergoing irreversible and harmful medical procedures to change their gender identity is one step closer to becoming law. Senate Bill 1, sponsored by Senate Majority Leader Jack Johnson (R-Franklin), was approved in the Health Committee this week. The bill seeks to ban medical interference that alters a child’s hormonal balance and procedures that remove body parts to enable the minor to identify as a gender different from their biological sex.

“This legislation is about protecting children from harmful, life-altering and experimental medical procedures with unknown long-term effects,” said Johnson. “But we know that children who have these procedures are forfeiting healthy reproductive systems and subjecting themselves to lifelong hormone treatment. The weight of these decisions is too heavy for children. As a society, we understand that minors need limitations, so we place many age-restrictions on activities for children that can have lifelong consequences such as smoking, drinking alcohol, buying lottery tickets and even getting tattoos.  It is reasonable to also put age-restrictions on these transformational elective medical procedures.”

If passed, a healthcare provider who violates the law can be sued in civil court by the minor injured, the parent of the minor injured or the Attorney General within 30 years of the violation.  Providers found to be in violation could face up to a $25,000 penalty per violation and have their medical license restricted.

The legislation ensures that doctors can still prescribe hormone treatment to minors for medically necessary purposes and makes exceptions for children born with chromosomal anomalies or congenital defects.

The legislation advances to the Senate Judiciary Committee.

Legislation protecting children from exposure to sexually explicit adult entertainment passes Judiciary

Another bill that seeks to protect children from inappropriate activities was approved in the Senate Judiciary Committee this week. Senate Bill 3, sponsored by Johnson, aims to protect children from being exposed to sexually explicit performances. It would restrict adult cabaret performances that appeal to a prurient interest from being performed on public or private property if kids could be around to see it.

Under the bill, private establishments, such as bars or restaurants, that host sexually explicit shows must require patrons to show ID upon entry to ensure they are age 18 or older. Johnson says this is a common-sense protection that provides clarity regarding what performances are not appropriate for children.

“This legislation is about protecting children,” said Johnson. “There are certain performances, movies, and places that are inappropriate for children. Just as current law prohibits strip clubs from admitting children, this legislation would also prohibit sexually explicit adult entertainment from being performed on public property or any non-age-restricted private property where a minor could be present. This is a common-sense measure with broad support from Tennesseans.”

“It also gives confidence to parents that they can take their kids to a public or private show and will not be blindsided by a sexualized performance,” Johnson added.

A violation of this bill would result in a Class A misdemeanor, and a second or subsequent offense would result in a Class E felony.

The legislation now advances to the Senate floor to be considered by the full Senate.

Lawmakers propose bills to make adoption easier

On Monday, Senate Speaker Pro Tempore Ferrell Haile (R-Gallatin) led the Adoption and Foster Care Caucus meeting where lawmakers announced over 15 bills aimed at improving the adoption and foster care process in the state such as removing red tape in the adoption process, increasing the number of children that someone can watch in their home and reducing the caseload of Department of Children’s Services (DCS) caseworkers.

“As a pro-life lawmaker, it is imperative we protect life not only of the unborn but also beyond the point of birth. This means we have to strengthen the social welfare system that takes care of children in Tennessee,” said Haile. “We need to make adoption and foster care cheaper, easier and quicker so that we can increase the number of adoptive and foster care families in Tennessee. I am very proud of the work we have done over the last six months to craft legislation that will make a positive impact in the lives of Tennessee children.”

Among the legislation is a comprehensive bill that aims to make improvements to the adoption and foster care process by eliminating red tape. Senate Bill 528, sponsored by Haile, would allow more time for adoptive parents to pay for birth related expenses, allow foster parents to be involved in court proceedings, prohibit the overturning of adoptions after six months and increase options for pre-birth and post-birth surrenders.

TISA Rules pass Joint Gov Ops Committee

The Tennessee Investment in Student Achievement (TISA) cleared an important hurdle Monday morning that ensures its implementation for school districts across the state next school year. The Joint Government Operations Committee gave a positive recommendation to new rules that will govern TISA when it replaces the Basic Education Program (BEP) in the 2023/2024 school year. TISA invests a billion dollars into K-12 education and will fundamentally change the way public schools are funded to be based on individual student needs.

TISA specifically requires rulemaking in certain areas to further flesh out the law, define terms, and establish processes and procedures for funding. The TISA rules approved Monday by the Joint Government Operations Committee include a number of changes resulting from an extensive public engagement process last year.  Some of the new rules approved include:

• New language emphasizing special education students be taught in the least restrictive environment.
• Clarification that high schools can utilize the early warning system already in place statewide to identify students with Dyslexia.
• Utilizing English proficiency scores to determine eligibility for English learner bonuses.
• Funding Career Technical Education (CTE) programs by a ranking system of in-demand and high-wage earning career data.
• Bonuses for English learners and students with disabilities to be consistent across all grade levels.

In Brief

TennCare to restart annual income reviews post-pandemic – In the Senate Commerce and Insurance Committee on Tuesday, TennCare reported that it will resume its income verification process on April 1 after being suspended for three years due to the COVID-19 pandemic. TennCare says it is updating its renewal process to make it as easy as possible for enrollees to renew their plans. During the pandemic, the state received funds from the enhanced Federal Matching Assistance Program (eFMAP). which suspended enrollment verification and prevented TennCare from removing enrollees who otherwise would have been ineligible. As a result, TennCare has record high enrollment. These federal funds will be phased out over 4 quarters in 2023 which will allow TennCare to remove ineligible enrollees. Once the renewal process is completed, it is estimated that TennCare enrollment will be back to pre-pandemic levels.

2023 state budget outlook — The Senate Finance, Ways and Means Committee this week hosted the Sycamore Institute, a nonpartisan research center for Tennessee, for a presentation on the 2023 state budget projections. The presentation reviewed the historically high end-of-year budget surpluses the state has seen since 2021. The state funding board estimates that overcollections in 2023 will be around $2.6 billion more than the budgeted estimate of $19.6 billion. In 2024, surplus revenue is expected to reach $2.9 billion.

Another part of the presentation touched on Tennessee’s rainy-day fund, which is at historic highs. Just before the Great Recession, the fund had amassed about $1.1 billion before it was spent down to $422 million. Since then, the legislature has consistently replenished the fund, which is set to reach $3.1 billion in 2023. That includes both the reserve for revenue fluctuations and TennCare. The rainy-day fund alone could cover General Fund operations for a total of 62 days based on 2021 fund levels.

Exploring alternative transportation funding sources — As the legislature is expected to address ways to improve funding to the state’s highway fund, a couple of presentations on alternative transportation funding options were delivered at the Senate Transportation and Safety Committee this week. The presentations centered on mileage-based user fees (MBUFs) as a potential replacement of the state’s fixed-rate gas tax, which has been the primary funding source for transportation in Tennessee for over 100 years. Baruch Feigenbaum, senior managing director of the Reason Foundation, pointed out flaws with the state’s gas tax due to the increasing prevalence of electric and hybrid vehicles and improving fuel efficiency of conventional vehicles. He also noted the fuel tax has lost 50% of its purchasing power over the last 30 years.

Known also as a road usage charge or vehicle miles traveled fee, MBUFs charge motorists a fee based on the number of miles driven as opposed to the amount of gas consumed. The fee is typically between 1.5 cents to 2 cents per mile. More than 20 states have or will soon implement an MBUF pilot program, including Tennessee’s neighboring states of North Carolina and Georgia, and three states have permanent MBUF programs, one of which is Virginia.

MBUFs are only one option to address highway funding. Governor Lee has proposed new ways to increase funding to the state’s highway fund without changing the gas tax. The Transportation Committee will consider these proposals in the coming weeks.

State Apiarist shares ways to help increase bee population in Tennessee  – The Energy, Agriculture and Natural Resources Committee heard from Tennessee State Apiarist, Mike Studer, who emphasized the decline in the bee population and said that education was needed to increase the number of bee colonies in Tennessee. If the bee population continues to suffer, food and crop production in Tennessee might be harmed because of the lack of bees to pollinate plants. Studer said to increase the bee population, beekeepers need more education on how to safely remove varroa mites, which transmit diseases among bees, and how to safely use pesticides. These mites and misuse of pesticides are leading contributors in the death of bees.

Joint Ad Hoc Committee on Juvenile Justice announces its recommendations

(NASHVILLE) January 26, 2023 – The General Assembly wrapped up its organizational session on Saturday, Jan. 20, following the inauguration of Governor Bill Lee to his second term in office. This week the Senate began its regular orders of business. Committees held their first meetings of the 113th General Assembly to hear from state departments with reports and budget requests.

On Wednesday, the General Assembly’s Joint Ad Hoc Committee on Juvenile Justice met to announce its legislative recommendations to improve the Wilder Youth Development Center in Somerville as well as the broader juvenile justice system in Tennessee. In June 2022, Lt. Governor Randy McNally and House Speaker Cameron Sexton tasked the committee with examining all aspects of juvenile detention and probation in the state of Tennessee.

“These are issues we really dug into. We looked, we listened, and we traveled to come up with our best recommendations,” said Senate Co-Chair, Page Walley (R-Savannah). “We know there is no final solution that will solve all the challenges at DCS, but our proposals are a significant step in the right direction. I appreciate Lt. Governor McNally and Speaker Sexton for appointing this committee and look forward to working with my colleagues in the General Assembly, Governor Lee and DCS as they consider these recommendations. I am confident we will make remarkable investments and improvements in DCS and the lives of children.”

The recommendations will be implemented through both the budgetary and legislative processes during the 2023 session of the General Assembly.

Throughout 2022, the committee met seven times and conducted an exhaustive study on juvenile justice issues. The committee’s recommendations are based on months of fact finding with hearings from various state agencies, non-profits, local law enforcement, district attorneys, juvenile judges and health care professionals.

Recommendations  

• Share juvenile records among judges – One recommendation is to allow confidential juvenile records to be shared among juvenile court judges across the state, to provide a full picture of a juvenile’s record. Currently, juvenile records such as programs and services received, adjudications, and what has been successful and unsuccessful do not follow juveniles to different jurisdictions across the state. In addition, each court has its own system which makes it very difficult to combine data. This legislation is a first step towards addressing a large data sharing issue.
• Expand bed capacity – The state needs approximately 180 – 190 additional male beds and 25 additional female beds at DCS facilities. The consulting group Ernst and Young (EY) has conducted an audit of DCS facilities and will soon release their report with recommendations on the best way to increase the number of beds.
• Disincentivize escapes at youth development centers – One of the recommendations is to increase penalties for juveniles in youth development centers who try to escape. The proposed legislation would allow juvenile escapees to be charged as an adult and moved to a Tennessee Department of Corrections facility. Under the bill, the juvenile would only be charged as an adult for the crime of escaping.
• Expand incorrigible designation – Legislation is being proposed to lower the age eligible for an incorrigible designation from 18 to 17 years old. This would allow superintendents at Wilder and other youth development centers to transfer extremely uncooperative and violent 17-year-olds to Department of Corrections facilities.
• Separate violent juveniles based on age – Another measure requires children in DCS custody who are 16 years of age or older and retained in a Level III or Level IV juvenile detention facility to be separated from children under 16 years of age.
• Improve employee training and compensation – Part of the committee’s recommendations include legislation to expand employee training for youth services officers on best practices for behavior management and conflict resolution when supervising juveniles with severe behavioral issues. Additionally, to help attract and retain personnel the committee is working with DCS to support salary improvements for DCS officers in the 2023/2024 state budget.
• Create a Juvenile Justice Review Commission – To continually improve practices, the committee is proposing legislation to create a Juvenile Justice Review Commission under DCS and the Tennessee Commission on Children and Youth (TCCY). The commission would regularly review juvenile justice cases and provide an annual report with recommendations to the General Assembly. It would be modeled after the Second Look Commission which reviews severe child abuse cases.
• Expand DCS prevention grants – With the number of juveniles in DCS custody steadily increasing, it is becoming more important than ever to focus resources on preventing children from entering state custody. The committee is proposing legislation to improve prevention services by expanding DCS prevention grants that provide after school care, curfew checks, school attendance checks and mental health care. Tennessee currently has two prevention programs with over a 90% success rate. The programs serve 55 youth per year in East and West Tennessee.
• Establish a juvenile step-down pilot program – In order to incentivize good behavior among juveniles, legislation is being proposed to establish a pilot program with DCS on compliance programming. It would provide ways for juveniles to step down from secure facilities into a homelike setting with more freedom.
• Require 24/7 mental health services – The committee is recommending legislation to provide a stronger clinical presence at youth development centers by requiring 24/7 clinical mental health treatment services.
• Make available chaplain services – Part of the legislative package also includes legislation to offer chaplain services at all DCS youth development facilities.

The proposed legislation will be sponsored by members of the committee: Sen. Page Walley (R-Savannah), Sen. Ed Jackson (R-Jackson), Sen. Raumesh Akbari (D-Memphis), Rep. Mary Littleton (R-Dickson), Rep. Lowell Russell (R-Vonore), Rep. Ron Gant (R-Piperton), Rep. Andrew Farmer (R-Sevierville) and Rep. Johnny Shaw (D-Bolivar).

Tennessee airport officials request $125 million in state funding

During a Senate Transportation and Safety Committee meeting this week, Tennessee Association of Air Carrier Airport officials requested $125 million in annual state funding for the state’s five commercial and 73 general aviation airports. The 2022 allocation for Tennessee airports was $72.8 million.

Airport officials say the funding increase is needed to pay for the infrastructure needs of Tennessee’s airports and keep them competitive with those in neighboring states. Tennessee airports have seen a decline in funding from fuel taxes since the state capped annual fuel tax payments in 2015.

The funding request increase comes as Tennessee’s five commercial airports realize expansion plans. At the Nashville International Airport, the new Satellite Concourse with eight domestic gates and seven concessions locations will open in October of 2023. That project is expected to bring between 2.5 million and 3.5 million additional passengers a year through the airport.

With additional funding, BNA also plans to add 15 new domestic gates in FY 2024-2025. A future runway extension is also being planned to enable nonstop service to Asia.

The Memphis International Airport is planning to modernize and make seismic upgrades to its terminals. The airport is also planning to rehab and later expand its runways to bring additional long-haul flights from Europe and Asia.

The Metropolitan Knoxville Airport is planning a concourse gate expansion that would bring six additional airline gates, expand the airline ramp to accommodate the demand for larger aircraft and more flights, allow new airlines to add flights with larger aircrafts to more cities, and provide additional terminal hold room capacity needed to meet demand for larger aircraft with more seats.

The Chattanooga Metropolitan Airport is currently constructing more than 40,000 square feet of hangar space and is planning to construct a new 1,300-space parking garage as well as expand the terminal building to add three passenger boarding gates with capacity to process an additional 492,000 passengers annually.   

In Brief…

Small business support — The Senate Finance, Ways and Means Committee this week signed off on a budget expansion request for a program that provides loans to small businesses and entrepreneurs throughout Tennessee. Dubbed Fund Tennessee, the program will see $117 million in federal funds that will be dispersed to the Volunteer State in three tranches. To receive the federal funds, the Tennessee Department of Economic & Community Development is requesting a budget expansion of $120.7 million.

The federal funding is from the second installment of the State Small Business Credit Initiative (SSBCI), a program that will be offered for 10 years. The 2021 American Rescue Plan Act reauthorized and funded SSBCI with a combined $10 billion to states.

The funding is intended for businesses owned or controlled by socially and economically disadvantaged individuals who have historically lacked access to capital. In Tennessee, those living in about 55% of census tracts, including rural and metropolitan areas, would qualify for the program. Technical assistance grants are also being offered through the program to assist businesses applying for these loans.

School Turnaround Pilot Program has fast success – The Senate Education Committee met this week to hear an update on the School Turnaround Pilot Program, which was created from legislation passed by the General Assembly in 2021 to improve student progress in struggling schools in each grand division on the state’s priority list, which is the bottom five percent of schools in Tennessee. Officials from the Department of Education and Shelby County Schools as well as the approved vendor working with the schools, Cognia, touted the fast success of the program at Hawkins Hill Elementary School and Trezevant High School, both in Shelby County. For the first time in a decade, these two schools have come off the priority list as a result of the turnaround program.

Cognia is a global nonprofit organization that works with other states on school turnaround. Some of Cognia’s programs and development include teacher mentorships, instructional leadership and ways to combat chronic absenteeism. Chronic absenteeism is a big problem in the two Shelby County schools highlighted, so Cognia has partnered with the Tennessee Home Builders Association to provide incentives to parents whose children meet attendance milestones.

The other three schools involved in the program are also making progress. With two years left of the pilot program, the goal is for all five schools to come off and stay off the priority list.

Grow Your Own Teacher Apprenticeships Strengthen Tennessee’s Educator Pipeline – The Grow Your Own initiative aims to set a new path for the educator profession and for Tennessee to be the top state in which to become and remain a teacher and leader.  This week, the Tennessee Department of Education announced that two additional educator preparation providers (EPPs) – the University of Memphis and Arete Memphis Public Montessori – have been approved to offer teacher apprenticeships, bringing additional educator talent to the state to increase high-quality academic opportunities for Tennessee students. Tennessee was the first state to be approved by the U.S. Department of Labor (USDOL) to have Teacher Apprenticeship programs between school districts and EPPs. In addition to the previously approved 7 EPP programs, Tennessee now has 9 total approved EPP programs, offering registered teacher apprenticeships to 30+ districts and serving 200+ candidates. This builds on the nearly 650 candidates served through the initial 65 district/EPP partnerships that started in 2020. These two new models will bring additional opportunities and innovative programs.

Gov. Lee delivers second inaugural speech — Tennessee Governor Bill Lee addressed Tennesseans during his second inauguration at War Memorial Plaza on Jan. 21. During his speech, Lee applauded Tennessee’s strong economy, noting the state’s finances have been “stewarded in such a way that affords us the lowest tax rate per capita in the nation, the lowest debt rate per capita in the nation, and the fastest growing economy of all 50 states.” Lee praised Tennessee’s education investments as well, remarking that while rural America has been in decline for decades, rural Tennessee is “proving to be the exception, thanks to historic investments in vocations, technical and agricultural education that are shaping Tennessee’s future workforce.” Lee’s speech also included musings on faith, personal hardships and civility. “We can disagree and stand firm for our beliefs and our principles, but we should never forget the dignity of the other human being,” Lee said. “Civility is not a weakness. In fact, it has been and it should always be the American Way. And I know it can be the way in Tennessee.”

Gov. Lee to present State of the State address Feb. 6 – Gov. Lee’s office announced this week that he will deliver the annual State of the State address on Monday, Feb. 6 at 6 p.m. The address will take place in a joint session of the General Assembly in the House Chamber. Gov. In the speech, Gov. Lee will announce his budget and legislative priorities for the 2023 session.

Introducing the new Health Department head — Dr. Ralph Alvarado, the new commissioner of the Tennessee Department of Health, introduced himself to the Senate Health and Welfare Committee this week. Alvarado brings decades of diverse professional experience to Tennessee, including hospital management and nearly 30 years of service as an attending physician. Alvarado earned his undergraduate and medical degrees from Loma Linda University and completed his residency in internal medicine and pediatrics at the University of Kentucky. Alvarado also served in the Kentucky State Senate where he led the Senate Health and Welfare Committee as chairman.

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(NASHVILLE) April 22, 2022 – The state budget led a host of important bills approved by lawmakers this week as the 2022 legislative session begins to close. The General Assembly, which is looking to adjourn next week, has completed the majority of its business with most of the remaining action pending on bills that were behind the budget due to their cost.

This year’s no-debt budget highlights lawmakers’ continuous efforts to cut taxes for Tennesseans, maintain fiscal responsibility, ensure public safety and prioritize education. It invests $52.58 billion in the state of Tennessee for the 2022/2023 fiscal year, with total legislative initiatives making up $84.1 million recurring and $570.8 million in non-recurring expenditures.

To maintain fiscal responsibility, lawmakers are making a $250 million investment in the state’s Rainy Day Fund, which serves as Tennessee’s savings account to withstand economic downturns. This allocation raises the fund to a historic level of $1.8 billion. Another key conservative component of this budget is that $1.3 billion of Tennessee’s $3 billion revenue surplus is set aside for future use.  Additionally, the budget uses the surplus for many one-time expenditures to prevent the growth of state government but still provide resources and relief to important initiatives.

“Because of Tennessee’s record of fiscal responsibility, all expenditures in the budget are paid for with cash,” said Senator Bo Watson (R-Hixson), Chairman of the Senate Finance, Ways and Means Committee. “Budgets in lean times are difficult. Budgets in times of great prosperity are even more difficult because you have to make real decisions about the best use of our dollars when there is an abundance of money. I am proud of the work we have done on this budget and am confident we are making sound investments that will benefit the state of Tennessee for decades to come.”

In this budget, Republican lawmakers continued their commitment to Tennessee taxpayers by ensuring citizens can keep more of their hard-earned money. With additional tax and financial relief appropriated by the General Assembly, Tennesseans will be able to recognize a total of $281 million in tax and financial savings in the 2022/2023 fiscal year.

“Many years of sound fiscal management have strengthened Tennessee’s economy and propelled the state into a strong fiscal position,” said Senate Majority Leader Jack Johnson (R-Franklin). “We have been able to cut taxes year after year while state revenues continue to go up, which is remarkable. Our commitment to being a low-tax state has been a driver in economic growth, and I am proud we are able to return $281 million to Tennessee taxpayers this year.”

Everyday Tennesseans will benefit from the financial and tax relief provided in this year’s budget. As proposed by Governor Lee, it includes $80 million for a grocery sales tax holiday for August 2022. Lawmakers also wanted to ensure there was financial relief in the budget that only Tennesseans could take advantage of and not out-of-state residents who shop and do business in Tennessee, so the budget provides $121.6 million to eliminate the state’s $29 license plate registration fee for one year.

Lawmakers allocated $9 million to continue their multi-year commitment to eliminate the professional privilege tax. This appropriation will remove the annual $400 tax physicians pay in order to practice their profession. In 2019, lawmakers passed legislation eliminating the professional privilege tax for 15 licensed professions.

Another significant tax cut includes $68 million for a sales tax reduction on broadband supplies. This tax reduction will incentivize companies to accelerate the deployment of needed broadband services to rural communities.

Other reductions in taxes added by the legislature are $2.8 million to reduce sales tax on agricultural machinery and equipment to mirror tax reductions that manufacturers in Tennessee currently receive and $360,000 to eliminate a tax on gold, bullion and silver.

Because Republican lawmakers take great care when allocating taxpayer dollars to large initiatives, after much consideration the Senate voted to remove a budget item proposed by Governor Lee to issue a $500 million bond to help complete a new covered stadium that would be home to the Tennessee Titans. Senate Republicans expressed concerns about the wisdom of such a large investment in a sporting venue. Ultimately, the proposal was added by the House of Representatives and the final version of the budget included the $500 million bond authorization for the Titans stadium and $55 million recurring to cover the debt service.

“The Senate was always uncomfortable with the Titans bond authorization. That was clear both on the floor and in committee. But ultimately, with a $52 billion budget you cannot let perfect be the enemy of good,” said Lt. Governor Randy McNally (R-Oak Ridge). “This budget continues the fiscally responsible tradition Tennessee is known for across the nation. We have fully funded the priorities of our people while providing much needed tax relief. Our rainy day fund stands at historic levels. We are well positioned not only for today but also well prepared for whatever awaits us in the future. This is a budget all Tennesseans can be proud of.”

Education

Education remains a top priority in the 2022/2023 budget. It includes the largest increase in K-12 education funding in the history of Tennessee. With an additional $1 billion in K-12 funding, Tennessee is investing a total of $6.5 billion in K-12 education. This includes $750 million for the Tennessee Investment in Student Achievement (TISA) Act, along with $125 million to increase teacher salaries. The General Assembly also provided $20 million for Humphrey County Schools to cover losses from devastating floods last year.

Many significant investments in higher education were made including:

• $200 million for TCAT infrastructure improvements
• $643,500 to increase middle college scholarships from $1,250 to $2,000 per semester
• $19.4 million to alleviate TCAT Waitlist
• $500 million to CTE grants for high school and middle school students
• $88 million for GIVE and HOPE expansions bringing the scholarship award to $5,700 per year for juniors and seniors and $4,500 per year for freshman and sophomores
• $90 million for the outcomes-based funding formula
• $66.3 million for a 4% salary increase within higher education
• $18 million to build a new TEST hub at UT Martin

Public Safety

To ensure Tennessee remains a great place to live, work and raise a family, lawmakers made significant investments in public safety. A $25 million appropriation was included in the budget for key legislation protecting victims of violent crimes and providing true accountability for those who commit crimes. This “truth in sentencing” legislation requires a person convicted of certain violent offenses to serve 85% to 100% of their sentence before becoming eligible for release.

Lawmakers added $7.5 million in one-time money to the $500,000 proposed by the governor for competitive grants to be awarded to volunteer fire departments and rescue squads for equipment and supplies, bringing the total to $8 million. Also added by the legislature was $6 million to increase the per day rate paid to local jails from $39 per inmate per day to $41.

Other investments in public safety include:

• $365 million for the law enforcement training academy
• $100 million for crime prevention
• $43.2 million to increase correctional officers’ salaries to $44,520
• $16 million for 100 new state troopers
• $4.2 million for 20 additional TBI agents to help combat human trafficking, cyber security, narcotics, and more
• $25.3 million for evidence-based programming in seed grants
• $9 million for educational technology in local jails
• $1.2 million total to add 11 more assistant district attorneys general
• $800,000 to raise the retirement benefits for highway patrol and commissioner officers
• $3.6 million for security measures and personnel at TCATs

Health and Welfare

Taking care of the most vulnerable populations in Tennessee continued to top the list of priorities for the General Assembly in 2022. The budget allocates funds for mental health treatment centers, drug rehabilitation, the adult health care safety net and Alzheimer’s and dementia caregivers.

Details on these budget initiatives include:

• $5.5 million for mental health treatment centers
• $2 million for Naltrexone which has been an effective treatment in drug courts
• $5 million for the adult health care safety net
• $1 million per year for a 3-year pilot program for respite care for Alzheimer’s and dementia caregivers
• $3 million to establish an education and dental safety net fund pilot program that will serve 33 counties devoid of dental services
• $9.7 million for salary raises for DCS caseworkers to combat hiring challenges
• $1 million to the Jason foundation to address suicide rates

Grants 

The budget also includes $17 million for grants to be distributed statewide for important initiatives. These include:

• $1 million to senior centers
• $900,000 to the Epilepsy Foundation
• $500,000 to Big Brothers Big Sisters
• $3 million to county fairs
• $5 million to Volunteer Fire Departments (repeated from public safety)
• $2 million to search and rescue squads (repeated from public safety)
• $1 million to DIDD for universal changing tables
• $10 million to the Winds of Liberty Museum for military veterans

In Brief…

Expanding opportunities for state investment through proposed Constitutional Amendment

A resolution to allow the state of Tennessee to expand its investment opportunities and maximize the value of revenues from Tennessee taxpayers was given approval from the Tennessee Senate on Wednesday. After three readings on the floor of the Senate, Senate Joint Resolution 913, sponsored by Senator Ferrell Haile (R-Gallatin), received unanimous approval, exceeding the minimum two thirds supermajority of votes required to pass, which is the first step to enshrining the law to the Tennessee Constitution.

Currently, the Tennessee Constitution prohibits the state from investing in stocks or funds. Therefore, the state can only invest its funds in debt instruments, such as U.S. bonds, notes and treasury bills. An amendment to the Tennessee Constitution is necessary in order to change this law and recognize greater returns on investments of taxpayer dollars.

The resolution will now go to the House of Representatives for approval. If it is passed by the General Assembly this year, it would need to pass by a two-thirds majority again in the 113th or 114th General Assemblies, in order to appear on the ballot for a statewide referendum in November 2026. The amendment would become part of the state constitution if adopted by a majority vote in the governor’s election.

Protecting the U.S. southern border and building the wall — The Senate this week passed House Joint Resolution 652 urging congress to complete a secure border wall on the U.S. southern border. The resolution states the General Assembly “strongly support[s] the completion of the secure border wall across our nation’s southern border and strongly urge[s] the United States Congress to immediately act to fund the construction of such border wall without delay.”

Enhancing integrity of elections — The Senate this week gave final approval to a bill aimed at enhancing the integrity of elections. Senate Bill 2675 by Leader Jack Johnson (R-Franklin) revises and expands the manner in which the Secretary of State and county election commissions must audit state and local elections. Under the bill starting in 2024, the secretary of state must randomly select at least three counties to audit after the August election; and after each November election, the secretary of state must randomly select at least six counties to audit. The bill also includes a provision that requires hand recount audits of paper ballots in Williamson County, which uses ballot marking devices that allow voters to cast their vote on a machine that prints out a paper ballot. The Heritage Foundation has ranked Tennessee third in the nation on a recently released election integrity scorecard. With the help of this legislation and other efforts, the state is working on claiming the top spot.

Truth in Sentencing — The Senate this week passed truth in sentencing legislation that requires a person convicted of certain violent offenses to serve 100% of the sentence imposed before becoming eligible for release. Senate Bill 2248, sponsored by Lieutenant Governor Randy McNally (R-Oakridge) and Senator Jon Lundberg (R-Bristol), ensures criminals convicted of 9 different offenses including first degree murder, criminally negligent homicide, aggravated vehicular homicide, especially aggravated kidnapping would have to serve 100% of their sentence undiminished by any sentence reduction credits for which the person is eligible or earns. A person convicted of one of these 9 offenses could still earn credits that can be used for increased privileges, reduced security classification, or for any purpose other than the reduction of the sentence imposed by the court. Under the legislation, another 16 offenses require 100% of the sentence to be served unless the inmate earns a satisfactory program performance. In these cases, a person can receive credits for a GED or job training. These credits would be used for parole eligibility once a person has served a minimum of 85% of their sentence. Last year, state lawmakers approved truth in sentencing reform for 31 crimes historically targeting women and children.

Strengthening protections for police and service animals — The Senate this week passed legislation known as Joker’s Law that would strengthen the penalty for anyone who harms a law enforcement or service animal in Tennessee. Sponsored by Sen. Mike Bell (R-Riceville), Senate Bill 2013 increases the penalty for anyone who knowingly and unlawfully kills a police dog, fire dog, search and rescue dog, service animal or police horse. Offenders would now be charged with a Class B felony. Anyone between the ages of 14 and 17 who kills or causes serious injury to one of those animals could also be tried as an adult. Under present law, killing a law enforcement service animal is a minimum Class E felony. The bill is named in honor of Joker, a K-9 with the Bradley County Sheriff’s Office who was seriously injured after being shot during a pursuit last year.

Restitution for children of victims of DUI offenders — Legislation that provides restitution for minor children when a parent is killed by a drunk driver now heads to the governor’s desk for his signature. Passed by the Senate this week, Senate Bill 2103 by Sen. Bell 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. 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.

Cracking down on mail-order abortions — The Senate this week voted to approve legislation that creates criminal and civil penalties for anyone who provides abortion-inducing drugs through telemedicine and subsequently supplies those drugs via courier, delivery or mail service. Abortions via mail have become increasingly common since the Federal Drug Administration approved telehealth and mail distribution of abortion-inducing drugs in 2020. Current law in Tennessee already bans mail-order abortions. Senate Bill 2281 by Sen. Bell strengthens current law and patient safety measures by putting further restrictions on the use of telemedicine and courier delivery. The bill intends to keep patients from developing serious, life-threatening complications during an unsupervised chemical abortion at home. The bill creates a Class E felony for anyone who intentionally, knowingly, or recklessly violates this act. Failure to comply with this act provides a basis for a civil action against a healthcare provider.

Streamlining reporting system for dangerous road conditions — The Senate passed a bill this week that aims to make it easier for citizens to report road hazards and settle claims with the state when vehicles are damaged on state-maintained highways. Sponsored by Sen. Becky Massey (R-Knoxville), Senate Bill 2678 requires the state treasurer to work with the Tennessee Department of Transportation to develop and implement a centralized information system for the reporting of dangerous road conditions. It expands the authority of the state treasurer to settle citizens’ claims when personal property is damaged by road hazards such as potholes. The state received 1,800 claims for pothole and road hazard damage in 2021 and of those, only 12 were settled.

Banning dangerous drug sales — Sponsored by Sen. Bell, Senate Bill 1997 bans in Tennessee the sale of tianeptine, which is marketed as an antidepressant and attaches to the receptors in the brain similar to opioids. Also known by its street name ‘Zaza Red’, the drug creates withdrawal similar to heroin, and has not been approved by the Federal Drug Administration for use in any way. The legislation was drafted to apply to all possible substances meant to replicate tianeptine. The bill cleared the Senate this week.

Establishing task force on judicial redistricting — The Senate this week voted to approve Senate Bill 2011 by Sen. Bell, which establishes an advisory task force that will recommend a proposed statewide redistricting plan every 10 years. The task force will be appointed by the Speakers of the Senate and House, and consist of 14 members, including trial court judges, district attorneys, public defenders, and citizen members as well as the chairs of the Senate Judiciary Committee and House Civil Justice Committee. The task force must be established by July, 2025 and submit its findings by January, 2027 in order for the legislature to be able to address judicial redistricting before the next judicial election in 2030.

Ensuring judicial integrity — To ensure the integrity of judges in Tennessee, Senate Bill 2478 by Sen. Bell adds two new qualifications for the job. The first is being in good standing with the Board of Professional Responsibility, and the second is not having been publicly censured, suspended or disbarred from the practice of law by the Board of Professional Responsibility within 10 years before the judge’s term of office for dishonesty, fraud, deceit or misrepresentation. The bill applies to judges of the Supreme Court, court of appeals, chancery courts, circuit courts, criminal courts and others, and is set to take effect Oct. 1, 2022.

Keeping obscene materials off school computers — Present law requires students to be prohibited from accessing pornography and other obscene materials on school computers. Senate Bill 2292, sponsored by Sen. Bell and approved by the Senate this week, ensures vendors that contract with schools comply with the law and take steps to block inappropriate content. If a provider fails to comply with the bill, then a local education agency (LEA) may withhold further payments to the provider and ultimately consider non-compliance a breach of contract. The bill also requires each local board of education to establish a mechanism for parents to report a failure of the technology selected by the LEA to prevent access to harmful materials, and submit an annual report to the state board of education on the successes or failures of the technology. The bill applies to all future contracts.

Funding for ambulance services — The Senate this week passed Senate Bill 1872 by Sen. Ken Yager (R-Kingston), which extends the ground ambulance assessment for another year through June 30, 2023. The bill could generate over $20 million for local ground-based ambulance services throughout the state.

(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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