Category: Capitol Hill Weekly Wrap

Campaign ethics reform passes first hurdle to increase accountability for political organizations

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

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

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

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

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

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

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

Senate works to halt human trafficking and aid victims

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

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

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

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

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

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

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

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

In brief…

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

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

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

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

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

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

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

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

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

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

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

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Budget becomes central focus of General Assembly

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

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

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

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

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

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

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

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

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

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Senate passes legislation to combat indoctrination in higher education

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

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

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

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

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

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

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

Education Committee advances TISA with amendments

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

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

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

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

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

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

Legislation protecting critical energy infrastructure gets Senate approval

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

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

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

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

Senate passes bill addressing school staffing challenges

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

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

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

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

COVID-19 visitation law passes in Senate

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

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

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

Bill would prohibit restrictions on religious institutions during emergencies

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

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

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

Committee advances voter integrity legislation

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

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

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

Bill cracks down on anti-Semitism in schools

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

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

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

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

Gov. Lee proposes 30-day grocery tax suspension

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

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

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

In Brief:

The Senate passed the following bills this week:

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

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

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

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

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

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

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Truth in Sentencing legislation gets committee approval

(Nashville, Tenn.), March 17 — The Judiciary Committee this week passed a “truth in sentencing” bill that requires a person convicted of certain offenses to serve 100% of the sentence imposed before becoming eligible for release.

Senate Bill 2248 applies to 14 violent crimes, including aggravated assault, vehicular homicide, attempted first degree murder where the victim suffers great bodily injury and aggravated robbery, to name a few.

“Truth in sentencing is something we aspire to across the board because sentences range wildly from East Tennessee to West Tennessee and Middle Tennessee,” said Sen. Jon Lundberg (R-Bristol), a co-sponsor of the bill. “Truth in sentencing is positive for victims, it’s positive for perpetrators and it’s positive for judges as well.”

Under the bill, there will be no release eligibility for a person who committed an applicable offense on or after July 1, 2022. The person would serve 100% of the sentence imposed by the court undiminished by any sentence reduction credits for which the person is eligible or earns. The person can 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.

The Fiscal Review Committee estimates the bill will increase state expenditures by $40.6 million. The bill will next be reviewed by the Finance, Ways and Means Committee.

“I believe Truth in Sentencing is critically important. It protects victims and provides true accountability for those who commit crimes,” said Lt. Gov. Randy McNally (R-Oak Ridge), the sponsor of the bill. “I am grateful for the Judiciary Committee’s vote on the bill and look forward to the Senate Finance Committee delving into the cost of the bill, which I believe is justified to keep violent criminals behind bars and law-abiding Tennesseans safe.”

Judiciary Committee passes Mental Health Treatment Act of 2022

Passed by the Judiciary Committee this week, the Mental Health Treatment Act of 2022 (Senate Bill 2806) would expand mental health court treatment programs statewide.

The goals of mental health treatment court programs created under the bill are the following:

  • Reduce the use of jail and prison beds and other correctional services by offenders with mental health disorders by diverting them into treatment programs.
  • Improve court efficiency by substituting a problem-solving model for traditional criminal court processing and linking defendants to effective treatment and supports for mental illness.
  • Improve the quality of life of people with severe and persistent mental illnesses and increase their participation in effective treatment.
  • Promote the public safety by reducing the incidence of crimes committed as a result of mental health disorders.
  • Promote effective interaction and the use of resources among local criminal justice agencies and community agencies.

The programs will be administered by the Department of Mental Health and Substance Abuse Services.

“Our goal is to hold people accountable and try to get their lives back on track so they won’t be a subsequent offender,” said bill sponsor Sen. Kerry Roberts (R-Springfield). “We’ve seen great success with this so we’re simply extending this to people who have mental health issues. There are some very specific program needs these people have and putting this into a court that has an emphasis on this I think will have an absolutely outstanding outcome for the state of Tennessee.”

Retired Judge Dan Eisenstein echoed those points when he testified before the Judiciary Committee Wednesday.

“Mental health courts work,” he said. “They’re fiscally responsible. They’re the right thing to do. It actually does reduce recidivism of folks who come into the court. … This [bill] gives the opportunity for more and more counties in the state to develop these courts.”

Committees begin TISA discussions

This week saw the first in a series of legislative discussions on Gov. Lee’s proposed Tennessee Investment in Student Achievement (TISA) program. Education Commissioner Penny Schwinn and other officials presented and fielded questions from members of the Finance, Ways and Means as well as Education committees during a joint meeting Monday.

The proposed legislation would change Tennessee’s public education funding formula for the first time in more than 30 years from a district-based model to a student-based model.

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

Schwinn said TISA is designed to empower each student to read proficiently by third grade, prepare each high school graduate to succeed in the postsecondary program or career of the graduate’s choice, and provide each student with the resources needed to succeed, regardless of the student’s individual circumstances.

TISA would award each school district a base amount of $6,860 per student meant to cover the basics of education such as teacher and staff salaries, facility operations and much more.

There would be additional funding weights for students who need more support, such as those who are economically disadvantaged or have a disability, among other criteria. The formula would provide “direct funding” for programs that offer students learning opportunities beyond everyday classroom instruction, as well as outcomes-based funding for districts that meet certain goals.

Fast-growing districts would also see additional funding for infrastructure such as new buildings and school buses.

For the base funding and the weights for students who need extra support, the state would cover 70% while local funding would pick up 30%. The direct and outcomes-based funding would be entirely covered by the state.

Schwinn said districts will receive more money under this formula than they would under the existing Basic Education Program assuming stable enrollment.

In 2014, Gov. Bill Haslam put together a task force that spent a year studying potential changes to the current formula. That task force came up with a series of recommendations that look very similar to the ones in TISA, Schwinn said.

Since that time, thousands of Tennesseans have provided input on the formula and helped shape the proposed legislation.

“One of the things we know is really important when we’re thinking about reconstructing a state formula is we listen to the feedback of those who are in the state serving in schools now and what is going to be best for students, what is going to move our state forward on behalf of children,” Schwinn said.

Bill increases middle college scholarship

Sponsored by Sen. Ken Yager (R-Kingston), Senate Bill 2081 increases from $1,250 to $1,625 the amount awarded each semester to a full-time student receiving the middle college scholarship. The bill, which would take effect next semester, passed through the Education Committee this week.

The program allows eligible high school juniors to attend college while they are going to high school. When they graduate from high school they’ll also receive their Associate’s Degree from their local community college. Roughly half of Tennessee’s community colleges participate in the program about 403 students currently receive the scholarship.

“The program gives some of our brighter and academically strong students a leg up on their education,” said Sen. Yager. “It’s a great enrichment tool for many of our counties that don’t have the funds for other enrichment opportunities for academically strong students. It’s been very successful.”

Sen. Yager said the way the law is currently written, students who elect to participate in the middle college program forego the Tennessee Promise Scholarship, which helps high school graduates cover postsecondary institution tuition costs. That leaves middle college participants having to pay their own way through the program.

“What I’ve been trying to do in a conservative incremental fashion is to create a scholarship, which we’ve done, and then to incrementally raise that to an equivalency with the Tennessee Promise,” said Sen Yager, noting the Tennessee Promise Scholarship is currently $2,000 per semester. “We’re almost there.”

Senate greenlights study on impact of utility-scale solar

The Tennessee Advisory Commission on Intergovernmental Relations is set to study the overall effect of utility-scale solar energy developments in the state following the Senate’s passage of Senate Bill 2797 this week.

“This will be a broad study that will give us direction as to how we as a state need to approach this burgeoning industry,” said Sen. Page Walley (R-Bolivar).

Topics to be included in the study include short-term and long-term projections on the amount of acreage needed to accommodate utility-scale solar development, hazardous waste materials that may exist in equipment, and federal regulatory requirements regarding decommissioning and managing equipment used in utility-scale solar energy development.

The legislation is a supplement to a bill passed by the Senate last week that includes protections for landowners who lease their property to solar farms.

In Brief:

Ukraine —The Senate this week unanimously passed House Joint Resolution 927, which honors the people of Ukraine for defending their country against Russian invasion.

The Senate and House also passed Senate Joint Resolution 1147, which urges disconnecting Russian banks from the Society for Worldwide Financial Telecommunication (SWIFT), expelling Russian diplomats from the U.S. and banning Russian imports.

Noah’s Law— The Senate this week passed Noah’s Law (Senate Bill 2182), which seeks to expedite the Amber Alert process for children in danger.

The bill is in response to a 2021 incident in which then three-year-old Noah Clare was abducted by his non-custodial father and taken from Tennessee to California. It took the Tennessee Bureau of Investigation (TBI) 11 days to issue an Amber Alert once the child was reported missing because the case did not meet certain criteria. Clare was found safe on the 11th day of the search.

The bill allows a custodial parent under certain circumstances to seek an emergency court order declaring the child to be in imminent danger of serious bodily injury or death, and orders the noncustodial parent to return the child to the custodial parent immediately.

Local Government Tax Revenue —The Department of Revenue has a 1.125% service fee when collecting and redistributing the sales tax of local governments. Since the service fee of 1.125% was introduced in the 1960s, Senate Bill 160, passed by the Senate this week, tasks the Department of Revenue to conduct an annual study to find the current cost to process the tax revenue. The study will help legislators consider lowering the fee in the future, which would redirect a substantial amount of tax revenue back to the counties.

Consumer protection— Passed by the Senate this week, Senate Bill 2279 requires a business that allows someone to sign up for a service or subscription online to provide a clear way to end or cancel the subscription online without any additional steps. If a company violates the Act, then the individual who suffered a loss may bring civil action for damages.

Residential blasting— The Senate passed Senate Bill 2055, which updates blasting requirements, including adding safety processes and protocols. According to bill sponsor Speaker Pro Tempore Sen. Ferrell Haile (R-Gallatin), residential blasting has become a neighborhood concern.

“This bill will lower vibrations, increase communications with the public, clean up and remove standards that have been on the books since 1975,” Haile said.

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Bill expands access to broadband internet in rural communities

(Nashville, Tenn.), March 11— Legislation aimed at expanding access to broadband internet in rural communities advanced through the Commerce and Labor Committee this week.

Building on successful legislation passed on 2017, Senate Bill 2034 would allow rural electric and community services cooperatives to provide broadband services outside their service area to people who do not purchase electricity from the cooperative. Existing law makes such allowances for telephone and telecommunication service, but not broadband.

The bill also includes a “good neighbor provision” ensuring cooperatives work in concert with neighboring utilities as they provide broadband service to new customers, and removes a prohibition on cooperatives providing alarm services.

“These changes are sensible and the time to make them is now,” said Sen. Mike Bell (R-Riceville). “Electric cooperatives are the only private companies in the state that have any type of territorial restrictions on where they can provide broadband.

“At a time when we need more options to get people connected not less, it only makes sense to allow our electric cooperatives the same ability as every other private company that provides broadband in our state,” Bell continued. “This bill does that and it builds on the successful strategy we implemented in 2017.”

The General Assembly in 2017 passed the Tennessee Broadband Accessibility Act, which de-regulated Tennessee’s electric cooperatives and allowed them to serve broadband to their electric customers. Since that time, electric cooperatives have invested hundreds of millions of dollars in broadband projects and changed the lives of tens of thousands of Tennesseans who never would’ve been able to access internet without their cooperative taking this bold action, said Bell.

“Every Tennessean should be able to access the internet, not just those who live in our large cities,” Bell said.

“Noah’s Law” advances through committee

“Noah’s Law,” which seeks to expedite the Amber Alert process for children in danger, is one step closer to becoming state law.

The Judiciary Committee this week unanimously passed Senate Bill 2182, sponsored by Speaker Pro Tempore Sen. Ferrell Haile (R-Gallatin). It now goes to the full Senate for consideration.

The bill is in response to a 2021 incident in which then three-year-old Noah Clare was abducted by his non-custodial father and taken from Tennessee to California. It took the Tennessee Bureau of Investigation (TBI) 11 days to issue an Amber Alert once the child was reported missing because the case did not meet certain criteria. Clare was found safe on the 11th day of the search.

The bill does not change Amber Alert criteria, but allows a custodial parent under certain circumstances to seek an emergency court order declaring the child to be in imminent danger of serious bodily injury or death, and orders the noncustodial parent to return the child to the custodial parent immediately.

The bill lists five findings for issuing an emergency court order, and when that happens, the clerk of the court must immediately send a copy of the order to the law enforcement agency investigating the report case and to TBI.

The bill does not limit the authority of a law enforcement agency to investigate a report of a missing child, notify local media about a missing child, or issue any form of missing child alert.

Committee advances legislation addressing school staffing challenges

A bill that would help school districts across Tennessee address ongoing staffing challenges advanced through the State and Local Government Committee this week.

Senate Bill 2702 would allow retired members of the Tennessee Consolidated Retirement System (TCRS) to be reemployed as a K-12 teacher, K-12 substitute teacher, or as a K-12 bus driver without the loss or suspension of the retired member’s TCRS benefits.

“This issue was brought to my attention by local school directors. Working with the Tennessee Department of Treasury, we’ve come up with a solution to help the schools in my district and across Tennessee,” said Sen. Ken Yager (R-Kingston). “Teachers, substitute teachers and bus drivers are especially needed and many retirees are ready and willing to help. This bill will remove the barriers to making that happen.”

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

Legislation ensures pornography and obscene materials are blocked on school computers

Present law requires students to be prohibited from accessing pornography and other obscene materials on school computers. Senate Bill 2292, approved by the Health and Welfare Committee this week, ensures vendors that contract with schools comply with the law and take steps to block inappropriate content.

“This bill is about the vendors the state signs contracts with and whether or not that vendor will abide by our state law,” said bill sponsor Sen. Mike Bell (R-Riceville). “This just says from now on any new contracts signed going forward those companies have to prohibit our students from accessing inappropriate material.”

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, if signed into law, will apply to all future contracts.

Senate passes protections for landowners leasing property for solar farms

The Senate this week passed Senate Bill 1925 to protect landowners leasing property for solar farms.

As the Tennessee Valley Authority (TVA) works toward its goal of producing 10,000 megawatts of solar by 2035 — a goal that will require roughly 80,000 acres of land —, landowners across West Tennessee and beyond are being approached by prospective leasers.

“We want to make sure there are some protections for our landowners and our communities if there is a natural disaster and if and when these solar farms have to be decommissioned,” said Sen. Page Waley (R-Bolivar), the bill’s sponsor.

The bill requires grantees to remove the solar power facility when their lease ends and restore the land to as close as reasonably possible the condition it was in before the agreement. The plan for doing so must be outlined in a detailed report.

The bill also requires specific forms of financial assurance be included in the solar power facility agreement, and does not prohibit a local government from regulating solar power facilities pursuant to its zoning authority.

Sen. Walley said the bill reflects a consensus between the Tennessee Farm Bureau and the Solar Energy Industries Association.

Two bills aim to expand emergency services personnel

The Senate this week passed two bills aimed at expanding emergency services personnel in Tennessee.

Senate Bill 1966 creates two new categories of emergency first responders to assist EMTs in responding to emergencies, driving ambulances and engaging in limited medical interventions.

“Ambulance services have seen a consistent workforce shortage before the pandemic and the shortage has increased by the pandemic,” said Sen. Ed Jackson (R-Jackson), the sponsor of the bill. “This legislation seeks to address that problem by easing barriers to joining emergency response teams.”

The two new classes of emergency services personnel created by the bill are an emergency medical responder (EMR) and emergency medical services – apprentice (EMS-A).

The former role successfully completed an EMR training course and has qualified by examinations to perform lifesaving interventions and to assist higher-level personnel at the scene. The latter does not possess an EMS license to provide emergency medical care in Tennessee, but meets all other requirements for operating an emergency vehicle.

The EMS-A or EMR must obtain licensure as an Emergency Medical Technician (EMT), or, in the case of an EMS-A, as an EMR, within 12 months of the EMS-A’s initial employment date.

Senate Bill 1908/House Bill 1956 by Sen. Jon Lundberg (R-Bristol) expands a pilot program established by the General Assembly four years ago. That program allows for up to 15 EMT/AEMT training centers be operated by licensed ambulance services.

This bill makes the pilot project a regular program and doubles to 30 the number of allowable training centers. The Senate also passed an amendment to the bill urging ambulance services operating such training centers to pursue partnerships to increase the capacity of the state to prepare EMTs, AEMTs and paramedics.

Bill seeks to return tax revenue to local governments

The Finance, Ways, and Means Committee advanced legislation this week that could pave the way for more than $20 million in tax revenue returning to Tennessee counties.

The state Department of Revenue has long charged a 1.125% fee to process local option sales tax. Lowering that fee to 0.5%, as has been proposed in the past, would free up an estimated $20.2 million each year that could be sent back to the counties.

Such a move would allow Davidson County to reclaim $5.3 million, Hamilton County to get back $2.07 million, Rutherford County to receive $2.1 million, and Maury County to recover $563,000 each year.

Senate Bill 160 does not propose a new fee, but would require the Department of Revenue to produce a report on the cost of processing sales tax revenue. That report could then be the basis for future conversations about a potential fee change.

The 1.125% processing fee was imposed in the 1960s for costs associated with handling and processing the envelopes, paper forms and paper checks collected each month from businesses across the state. The cost of such work is likely significantly lower now that computers handle it.

“We’re trying to look at the actual cost so we can determine what a proper fee would be for the Department of Revenue,” said Sen. Richard Briggs (R-Knoxville), the sponsor of the bill. “This bill could allow more funds to come back to the counties in the future. It’s their tax money to begin with.”

TDOE Releases Additional Explainer Resources for TISA, the Tennessee Investment in Student Achievement

The Tennessee Department of Education released additional Tennessee Investment in Student Achievement (TISA) resources explaining how the proposed student-based public school funding formula will update the way Tennessee funds public education for the first time in over 30 years.

Starting in the 2023-24 school year, the TISA would invest an estimated $9 billion in education funding for the state, including state and local funds, which would include an additional recurring state investment of $1 billion. The TISA is designed to empower each student to read proficiently by third grade, prepare each high school graduate for postsecondary success, and provide resources needed to all students to ensure they succeed.

“The Tennessee Investment in Student Achievement would put the funding focus on students and give Tennesseans clear information to understand how districts and schools are using funding to help our students succeed,” said Commissioner Penny Schwinn.

Many helpful resources are available at FundingforStudentSuccess.org including:

  • What is Student-Based Funding?: An animated video gives an overview of a student-based formula and how it would serve Tennessee students.
  • Subcommittee Recommendations: This presentation provides a snapshot of recommendations collected from each of the 18 subcommittees during the statewide engagement process.
  • Base Funding: This overview explains how and why student-based funding starts with a base amount for each student.
  • Funding Weights: This overview explains how students’ individual education needs are supported through funding weights.
  • Direct Funding: This overview explains how direct funding goes toward specific programs.

Last fall, Governor Lee announced the state would review its public school funding formula. The Tennessee Department of Education and the General Assembly convened 18 funding subcommittees, organized a legislative steering committee, and provided over 1,000 opportunities for the public to engage, including 16 public town halls and local match conversations across the state. This January, Gov. Lee and Commissioner Schwinn released a draft framework for the new student-based K-12 funding formula, which incorporated input from thousands of Tennesseans.

To learn more about student-based funding, Tennessee’s recent public engagement process and subcommittee recommendations, and to access additional resources, visit the department’s website.

In Brief:

LitterSenate Bill 2012 increases penalties for illegal dumping of tires. The bill makes knowingly dumping two or more tires on public or private property without permission a Class A misdemeanor offense of aggravated littering, and also adds a Class E felony offense for a first-time conviction when dumping eight or more tires for commercial purposes.

Sen. Mike Bell (R-Riceville) said the bill is in response to an uptick of illegal dumping of tires in Bradley County and other parts of the state in recent months.

Veterans — Disabled veterans currently do not pay property tax on the first $175,000 of the home value. Senate Bill 1795, which cleared the State and Local Government Committee this week, would increase that threshold to $200,000.

“I think these heroes need something for their service and their sacrifice for our country,” said Sen. Bill Powers (R-Clarksville). “These are the people who need the breaks in today’s economy. These are the people who laid down their lives for our country and they should be applauded, they are certainly heroes.”

Another bill passed by the Senate this week, Senate Bill 2486, allows for public universities to grant in-state tuition to military-affiliated students regardless of where they reside.

Israel— Passed by the Senate this week, Senate Bill 1993 prohibits public entities from entering into contracts with companies boycotting Israel. An amendment to the bill defines Israel as the state of Israel and the Israeli controlled territories.

“I just think it’s extremely important for this body to send a message that we stand strong with the nation of Israel”, said co-sponsor Sen. Brian Kelsey (R-Germantown).

The bill includes exemptions for contracts totaling less than $250,000 and contractors with fewer than 10 employees.

Traffic safetySenate Bill 2367 allows a person convicted of speeding to take a defensive driving course within 90 days of their conviction. After successful completion of the course, the person may have up to five points on their license removed. This bill may be applied to only one speeding offense for each driving course completed and only once in a four-year period.

Criminal offensesSenate Bill 2683 requires individuals that have been convicted of first-degree murder, the perpetration or attempted perpetration of rape, rape of a child and aggravated rape of a child to be sentenced to death or life in prison without the possibility of parole. The bill was passed by the Senate this week.

Long-term care facilitiesSenate Bill 2574 requires long-term care facilities to allow patients at the end of their lives to see visitors during emergencies such as the COVID-19 pandemic. It was by the Health and Welfare Committee this week.

“We’ve seen too many people in nursing homes who’ve died alone and I hope we never see that happen again with any kind of emergency,” said Sen. Joey Hensley (R-Hohenwald).

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