(NASHVILLE) March 9, 2023 — The Tennessee Works Tax Reform Act of 2023 is advancing in the Senate and cleared the Senate Revenue Subcommittee with a positive recommendation on Tuesday. This legislation, sponsored by Senate Majority Leader Jack Johnson (R-Franklin), proposes a number of changes to Tennessee’s tax code to lower the tax burden on businesses, boost Tennessee’s economic competitiveness, promote entrepreneurship and small business formation, and provide targeted relief to families. This is one of Governor Bill Lee’s top legislative initiatives for 2023.

 

“In Tennessee we are committed to low taxes,” said Johnson. “We believe that Tennessee businesses and citizens are in the best position to decide how to spend their own money, and this tax-cut proposal demonstrates that we practice what we preach. I applaud Governor Lee for this bold proposal to provide more growth opportunities for businesses and financial relief for families on every-day expenses. We are proud to be one of the lowest taxed states in the nation, and this move to further cut taxes strengthens our dedication to being a pro-business and pro-family state with low taxes.”

 

The tax cuts would provide significant tax relief to small businesses by lowering the burden of the franchise and excise tax as well as the business tax rate. Under the proposal, over 23,000 small businesses in Tennessee will have their excise tax liability reduced to zero by exempting the first $50,000 in income from the state’s excise tax. It also exempts up to $500,000 of business property from franchise tax liability.  The tax cuts would exempt 140,000 Tennessee businesses from the business tax by raising the threshold for business tax exemptions from $10,000 to $100,000 of gross receipts. In addition, it reduces the highest business tax rate from 0.3% to 0.1%.

 

The proposal will also help Tennessee lead the nation in economic competitiveness, while prioritizing Tennessee businesses. It incentivizes businesses to hire Tennesseans and headquarter in Tennessee by changing the way the excise tax is calculated to favor businesses with a higher percentage of their properties and jobs located in Tennessee than in other states. It also ensures state tax deductions for research and development (R&D) expenses – which help companies grow, innovate and produce superior products and services. This move comes after the federal government ended yearly R&D tax exemptions for businesses.  The measure also removes unfair taxes on certain manufacturing facilities with unsold inventory.

 

Finally, the proposal will deliver for working families by creating a three-month sales tax holiday on food during August, September and October 2023. It also seeks to incentivize businesses to provide paid family leave to employees by establishing a state paid family leave franchise and excise tax credit on wages paid for a two-year pilot period.

General Assembly confirms new Tennessee Supreme Court Justice

Members of the General Assembly confirmed the appointment of Dwight E. Tarwater to the Tennessee Supreme Court in a joint session in the House chamber on Thursday.

Tarwater, a Knoxville attorney, brings more than 40 years of legal background to the court, including decades of trial and appellate experience. He also previously served as chief legal counsel to former Gov. Bill Haslam from 2014 until 2019.

The vacancy on the Tennessee Supreme Court will be created by the retirement of Justice Sharon Lee, effective Aug. 31. The General Assembly is required to confirm appointments for Supreme Court Justices per an amendment added to the state constitution in 2014. Justices are retained through a “yes” or “no” election every eight years.

Also on Thursday, the General Assembly confirmed the appointment of Matthew Wilson to the Tennessee Court of Criminal Appeals for the Western Section. Wilson previously served as an assistant United States attorney in the Western District of Tennessee. He brings significant criminal law experience to the Court of Criminal Appeals, including nearly 20 years of legal service at both the state and federal levels. Wilson fills a vacancy that was created by the death of Judge John Everett Williams in September.

Increasing teacher pay – A bill that would provide pay increases to Tennessee teachers cleared the Education Committee this week. Sponsored by Senate Majority Leader Jack Johnson (R-Franklin), Senate Bill 281 would each year increase the base salary for teachers until it reaches $50,000 in the 2026-2027 school year. The bill would also end the practice of local school district deductions for national, state and local labor organizations. Currently, school districts are permitted to provide these unions with a free benefit of collecting dues on their behalf. Taxpayer resources in K-12 education should not be used to support these activities, whether political or otherwise, of any organization, including labor unions. The legislation does nothing to restrict a teacher’s, choice to join and fund any activity by the union; it simply ends the practice of using taxpayer resources to fund the collection of dues for the union’s benefit.

Providing flexibility to LEAs with class sizes – The Senate approved legislation to give more local control to school districts by providing them with flexibility in class sizes, while still keeping the guardrails in place to protect students. Senate Bill 197, sponsored by Sen. Jon Lundberg (R-Bristol) maintains the class size maximum while removing the average maximum class size. Tennessee is one of the few states with both a maximum average class size and maximum class size. The measure also allows an LEA or Charter School to apply for a waiver from the Commissioner of Education for maximum class size requirement. The Commissioner of Education is required to approve or deny the waiver within 5 business days or the waiver is automatically approved for the remainder of the school year. The maximum average class size per grade level: 25 students for K-3, 30 students for 4-6, 35 students for 7-12, and 25 students for CTE.

 

Strengthening election integrity – The Senate approved legislation to strengthen election integrity in Tennessee by putting protections in place to prevent abuse of “fail-safe balloting.” Under this process, if the address on a voter’s ID does not match his/her current address, then that voter casts a fail-safe ballot and signs an affidavit stating that he/she does live at the address where the vote is being cast. Senate Bill 854, sponsored by Sen. Bo Watson (R-Hixson), would allow a candidate to request a list of all the voters who changed their address at the polling place to vote in the election along with copies of the fail-safe affidavits. This bill also states that in the event of a recount, the state election commission must verify the addresses of all fail-safe ballots.

 

Minimizing trauma of child sexual assault victims in court – The Judiciary Committee this week passed a bill that aims to minimize trauma for underage victims of sexual assault during the criminal justice process. Under current law, when a minor is sexually assaulted, a forensic interview may be completed. These interviews, which are conducted by trained professionals, are recorded so that they may be used in any court proceedings. Current law only allows these videos to be used for minors under the age of 13 and only for sexual offenses. Senate Bill 419, sponsored by Speaker Pro Tempore Ferrell Haile (R-Gallatin), extends the admissibility of forensic interviews in court for all children under 18 years of age, and allows forensic interviews to cover statements on sexual and physical abuse. The law also adds an additional qualification for forensic interviewers that increases the credibility of forensic interviews and their admissibility in a court of law. The bill will prevent children from being further traumatized by being required to testify in court in front of their abuser.

 

Reducing barriers for law enforcement to carry handguns – This week, the Judiciary Committee passed two bills that would reduce barriers for retired federal, state, and local law enforcement and military officials to carry a handgun. Senate Bill 521, sponsored by Senator Frank Niceley (R- Strawberry Plains), reduces the handgun permit fee for retired military personnel to the same fee that retired police officers have to pay. Senate Bill 515, sponsored by Senator Jon Lundberg (R-Bristol), allows retired law enforcement officers employed on a part-time basis by a higher education institution to carry a handgun on the property. The person must have retired in good standing and have served for at least twenty years to be legally allowed to carry on higher education property.

 

Strengthening self-defense protections for bear attacks – Sponsored by Senator Paul Bailey (R-Sparta), Senate Bill 1309 would allow Tennesseans living next to the Great Smoky Mountains National Park to take, harm or kill a bear that enters their property and poses a threat. The bear must be acting in a manner that presents imminent danger, death or serious bodily injury in order for the bill to apply. The bill also requires property owners to notify the Tennessee Wildlife Resources Agency (TWRA) within 24 hours after killing or seriously injuring a bear if possible. A bear cannot be removed from the site, repositioned, sold or transferred without authorization by the agency. The bill advanced out of the Senate Energy, Agriculture and Natural Resources Committee this week and moves to the Senate floor.

 

Supporting state employees with sick children – A bill to increase support for state employees who must care for their sick children is advancing. Under current law, state employees may not utilize sick leave grants from the state sick leave bank for any illness of a family member. Senate Bill 533, sponsored by Speaker Pro Tempore Ferrell Haile (R-Gallatin), will allow state employees to utilize the state sick leave bank when caring for a sick child. In order to utilize grants of sick leave from the bank, employees must first take five consecutive days with no pay. The bill was unanimously approved in the State and Local Government Committee this week and now moves to the senate floor for passage.

 

Expanding training compensation  – Correctional officers and deputy sheriffs are required to take 40 hours of inservice training per year, but only deputy sheriffs are paid an $800 supplement to do so. Senate Bill 1002, sponsored by Senator Ken Yager (R-Kingston), allows correctional officers to also receive the $800 supplement once they complete the training. Senate Bill 457, sponsored by Senator Bo Watson (R-Hixson), also gives an $800 supplement for emergency medical services personnel for completing a 40-hour training. Both bills advance to the Senate Finance, Ways and Means committee.

 

Expanding benefits for police dispatchers – Legislation will ensure that police dispatchers killed in the line of duty receive the same financial and insurance benefits as first responders killed in the line of duty. These benefits can include a $250,000 annuity, a one-time $25,000 payment from the state, and health insurance benefits to the surviving spouse and children of the first responder’s family. Senator Ken Yager (R-Kingston) sponsored Senate Bill 1134, which advanced out of the State and Local Government Committee this week.

 

Sergeant Chris Jenkins Law –  Senate Bill 552, sponsored by Senator Adam Lowe (R-Calhoun), would make it a crime for a person to transport a ladder not properly secured to prevent it from falling onto a public roadway. The legislation is named after Sgt. Chris Jenkins who was fatally struck by a semi-truck while removing a ladder from Interstate 75 in Loudon County on Feb. 3, 2022. If approved, a violation of the law would be a Class C misdemeanor while an improperly secured ladder that caused a motor vehicle accident would result in a Class A misdemeanor. It would not change any additional requirements that currently exist for commercial motor vehicles. The bill advanced out of the Transportation and Safety Committee on Wednesday and now moves to the Senate floor.

 

Protecting Consumers from Increased Streaming Service Prices- Across the country, municipalities are bringing class action lawsuits against streaming providers such as Netflix and Hulu in an attempt to force streaming providers and their customers to pay cable franchise fees for the content customers receive from the internet. Senate Bill 456, sponsored by Senator Bo Watson (R-Hixson) and approved by the Senate this week, seeks to continue an existing state policy that ensures no cities or counties can collect franchise fees. If the legislature does not intervene, families with streaming service subscriptions could pay up to 5% more on each streaming service bill.

 

Combating high healthcare costs – Senate Bill 1392, cosponsored by Lt. Governor Randy McNally (R-Oak Ridge) and Senator Shane Reeves (R-Murfreesboro), seeks to strengthen the Right to Shop Act by creating a viable avenue to negotiate fair prices with out-of-network providers in non-emergency situations. If a patient negotiates a lower price with an out-of-network provider, the patient can submit paperwork to their insurance company and have their out-of-pocket cost applied to their deductible. The bill seeks to help Tennesseans combat rising health care costs.

 

Protecting patients seeking medical advice relating to marijuana – Sponsored by Senator Shane Reeves (R-Murfreesboro), Senate Bill 859 seeks to provide legal protection for patients across Tennessee seeking medical advice relating to the use of marijuana. The bill prevents a person’s statement regarding the use or possession of marijuana to healthcare providers from being used as evidence in a criminal trial. Some medications can have unintended consequences when mixed with cannabis, and many patients feel there is not enough legal protection for them to openly discuss with their medical provider the effects that using medical marijuana could have with their existing medications. The bill advanced out of the Judiciary Committee and will next be considered by the full Senate.

Addressing the shortage of special education teachers — The Education Committee this week passed a bill that seeks to increase the number of special education teachers in Tennessee amid an ongoing shortage. There are over 1,200 teacher vacancies in school districts across the state, and most of them are in special education. Sponsored by Senator Paul Bailey (R-Sparta), the Tennessee Special Educator Scholarship Act (Senate Bill 1305) would provide scholarships to college juniors and seniors who work as an educational assistant to a special education teacher at a Tennessee public school. The scholarship amount is $750 per semester, and those who receive it must agree to work as a special education teacher at a Tennessee public school for at least three years following graduation. There are currently about 9,300 special education paraprofessionals in Tennessee and an estimated 500 of them would be eligible for the scholarship program outlined in the bill. Bailey said the idea for the bill came from his son, who volunteered his time to help special needs students when he was in high school because his school didn’t have enough special education teachers.

Expanding eligibility for the Tennessee HOPE Scholarship — Sponsored by Senator Bo Watson (R-Hixson), Senate Bill 112 expands eligibility of the Tennessee HOPE Scholarship for nontraditional students to include Western Governors University (WGU).

Access and Opportunity Act- This week, the Senate approved legislation to ensure that students who move schools in the middle of the school year are not academically penalized.  Senate Bill 443, sponsored by Senator Adam Lowe (R-Calhoun), gives all students the same opportunities within their school and allows a transfer student to immediately participate in their new school’s activities such as clubs, organizations and Advanced Placement and honors classes.

(NASHVILLE) March 2, 2023 — Legislation to modernize Tennessee’s infrastructure and address traffic congestion, prolonged project delivery timelines, and the deteriorating revenue stream for road funding advanced in the Senate Transportation and Safety Committee this week. Senate Bill 273, dubbed the Transportation Modernization Act of 2023, is one of Governor Lee’s key legislative proposals this year, and seeks to address a $26 billion backlog of congestion-related needs. The measure is sponsored by Senate Majority Leader Jack Johnson (R-Franklin) and is being guided through the Senate by Transportation and Safety Committee Chair Becky Massey (R-Knoxville).

“When it comes to transportation and mobility in Tennessee, we are at a critical juncture,” said Massey.  “We are fortunate to live in a state with so much going for us – a direct result of our sound economic policies, high quality of life, and ranking as one of the lowest taxed states in the country. While this yields economic opportunity, it also presents challenges in our ability to move people, goods, and services more seamlessly across our state.  Our position as a critical artery of commerce necessitates our focus to ensure freight, visitors and citizens get where they need to be on time.  We need to have the courage to make tough decisions to adequately fund the needs of both our current citizens and our future generations. The Transportation Modernization Act addresses these needs while maintaining Tennessee’s fiscally responsible management of state funds.”

This major legislation issues no new taxes, no road debt and ensures that funds are proportionally allocated to urban and rural areas of the state.

“Tennessee is a pay-as-you-go state, meaning we don’t borrow money to build our roads,” said Johnson. “And I am very proud of that. We’re one of only a handful that doesn’t have any road debt, and we need to keep it that way. This proposal does that. It is an innovative, fiscally conservative approach to solving our road and traffic congestion problems that will serve all Tennesseans across the state.”

Choice Lanes 

The legislation would allow the Tennessee Department of Transportation (TDOT) to form partnerships with private entities to create choice lanes to address congestion. Choice Lanes allow drivers to decide whether  to use the existing free lanes or pay an additional user fee to enter the new lanes for a guaranteed minimum speed. No fee would be charged to use the general purpose lanes and the number of general purpose lanes would not be reduced.

Choice lanes provide additional capacity in heavily congested corridors, benefiting those who use the choice lanes as well as those who decide to remain in the general purpose lanes.  In the free, general purpose lanes, data has shown in other states their traffic is reduced by about 30%.

Alternative Delivery Model 

The legislation expands TDOT’s ability to use alternative delivery contracting, which has been proven to save time and money when used for the right projects. The move would put TDOT in a strong position to optimize the delivery of increasingly complex infrastructure solutions. TDOT’s alternative delivery program has saved $22 million in costs and resulted in 70% faster delivery compared to the traditional delivery model.

Electric Vehicle Parity 

Additionally, the legislation addresses the eroding effect that the adoption of electric vehicles (EVs) and hybrid vehicles will have on the state’s gas tax collection as their adoption increases. It establishes parity between what the drivers of combustible engine vehicles and their EV and hybrid counterparts pay in gas taxes by increasing the registration fee for EVs to $200 for the first three years following passage and $274 by 2026. For hybrid vehicles, a $100 fee would be set immediately following passage.

Transportation Modernization Fund 

This bill establishes the Transportation Modernization Fund and invests $3.3 billion to fund critical infrastructure projects in rural and urban areas of TN. Each of TDOT’s four regions would receive $750,000,000, while the State Aid Program, which provides funds to counties for local transportation projects, would receive $300 million. At the current rate of investment of $29 million per year, it would take 15 years to allocate $300 million to the State Aid Program.

“It is estimated that our congestion costs Tennessee road users $800 million in lost productivity each year,” added Massey. “By passing this bill, we are telling Tennesseans and our visitors that we recognize their time is valuable and we are willing to do something about it.”

Legislation to protect children set to become law – On Thursday, Governor Bill Lee signed legislation into law to protect Tennessee children from exposure to sexually explicit performances. Senate Bill 3, sponsored by Leader Johnson, restricts adult cabaret performances which are sexually explicit from being performed on public or private property if kids could be around to see it. The law will go into effect on April 1, 2023. Senate Bill 1 was also signed by Gov. Lee on Thursday to protect children from irreversible and harmful hormonal treatment or surgical procedures to change a child’s gender identity. This law, also sponsored by Johnson, is set to go into effect July 1, 2023.

Prohibiting Tennessee tax dollars from going towards abortion – Republicans on the Senate Judiciary Committee passed legislation that would prevent any city, county or metropolitan government from using taxpayer dollars to directly or indirectly assist with obtaining an abortion. Under Senate Bill 600, sponsored by Sen. Joey Hensley (R-Hohenwald), the prohibition would include spending taxpayer funds as part of a health benefit plan or for travel to a state where abortion is legal. Hensley says it is inappropriate to use taxpayer funds to transport a pregnant woman across state lines for an abortion.

The Tennessee Constitution gives the State of Tennessee authority over local government bodies and allows the state to preempt a local government as long as it does not violate a right guaranteed by the State Constitution.

Improving the Juvenile Justice System – The Senate Judiciary Committee this week advanced two legislative recommendations from the Joint Ad Hoc Committee on Juvenile Justice, which met throughout 2022 to conduct an exhaustive study of the state’s juvenile justice system. State Sen. Page Walley (R-Savannah) co-chaired the ad hoc committee and is sponsoring Senate Bill 610 which seeks to give juvenile court judges a full picture of a juvenile’s record. It allows district attorneys general to request the release of information from the Department of Children’s Services, and those DAs can present the information to Juvenile Court judges. 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. This change would help judges make more informed decisions about youth who will be treated at the Wilder Youth Development Center but are from another county in the state.

Another bill co-sponsored by Walley, Senate Bill 616, would provide a stronger clinical mental health presence at youth development centers by requiring 24/7 access to psychological and behavioral health treatment services for children who are placed in juvenile detention facilities and youth development centers.

Reflecting Tennessee’s Volunteer Spirit in State Motto – The Senate State and Local Government Committee advanced Senate Bill 810, sponsored by Sen. Page Walley (R-Savannah) to add “Send Me” to the State’s official motto of “Agriculture and Commerce” which has been on the seal of Tennessee since 1801. Adding this to the Volunteer State’s motto, would reflect the well-known volunteer spirit of Tennesseans.

Protecting against unwanted surveillance / drones – The Senate State and Local Government Committee advanced legislation this week that prohibits local law enforcement agencies from purchasing drones from corporations or entities which are banned under the National Defense Act of 2019. Senate Bill 776, sponsored by Senator John Stevens (R-Huntington), aims to protect Tennesseans from surveillance by the Chinese Communist Party and other foreign actors.

Cracking down on TikTok use at Tennessee college campuses – The Senate gave final approval to legislation to prohibit the Chinese-owned social media platforms TikTok and WeChat from being accessed on Tennessee public higher education institutions’ internet networks. Senate Bill 834 is sponsored by Education Chairman Jon Lundberg (R-Bristol), a former Captain in the United States Navy who says these platforms pose serious national security risks to the United States. The State of Tennessee and the Federal government have taken similar steps to mitigate the security risks of TikTok by prohibiting government internet networks and devices from supporting the social media app.

Correcting injustices for surviving spouses – Senator Page Walley (R-Savannah) presented Senate Bill 97 to the Senate Commerce and Labor Committee this week. The bill expands death benefits for surviving spouses and dependents of individuals killed in workplace accidents. Two women, widows affected by workplace deaths, spoke on how the bill would help families who receive death benefits. In addition to the increased payments, the bill also allows for benefits to continue to dependents if a surviving spouse remarries. Senate Bill 97 was unanimously approved and advances to the Senate floor.

Vehicle Immobilization Devices – The Senate Commerce and Labor Committee unanimously approved legislation this week to establish statewide standards to protect consumers from unscrupulous practices of booting vehicles. Under current law, companies which place vehicle immobilization devices or “boots” on illegally parked vehicles can be regulated by local government authorities, but there is no statewide regulatory standard. Senate Bill 649, sponsored by Majority Leader Jack Johnson (R-Franklin), clarifies that companies must remove the vehicle immobilization device, or “boot,” when the owner of the vehicle pays the company; if there is a problem with the payment, the company must issue a notice and take the boot off immediately.  It also caps the boot removal fee at $75 a day.  This bill only applies to private parking lots and clarifies that employees cannot earn commission or be contracted to remove or install boots. It allows the Attorney General to prosecute violations of this measure through the Consumer Protection Act.

Expanding Medical Assistants Responsibilities – Two years ago, the General Assembly passed legislation that allowed medical assistants working in outpatient clinics to perform certain tasks. Senate Bill 679, sponsored by Senator Shane Reeves (R-Murfreesboro), identifies several other practices that certified medical assistants can perform including: preparing medications to be given by a medical provider, giving rectal medications, and giving vaccines from multi dose packaging. The legislation also specifies that medical assistants cannot give medication or vaccinations that require a dosage calculation.

Rural Schools Innovation Act – Senator Ken Yager (R-Kingston) sponsored Senate Bill 999 which advanced out of the Senate Education Committee this week. The Rural Schools Innovation Act creates a two year pilot program in which at least two rural school districts would partner together to expand access to high-quality, robust college and career pathways. It allows students in one school district to take advantage of Career and Technical Education (CTE) classes at another school district. This bill will allow school districts to focus their funding in their already exceptional CTE programs while still providing their students opportunities to take more and varied classes.  The legislation now advances to the Finance, Ways, and Means committee.

(NASHVILLE) February 23, 2023 — The Senate Education Committee unanimously approved legislation to prohibit the Chinese-owned social media platforms TikTok and WeChat from being accessed on Tennessee public higher education institutions’ internet networks. Senate Bill 834 is sponsored by Education Chairman Jon Lundberg (R-Bristol), a former Captain in the United States Navy who says these platforms pose serious national security risks to the United States.

“The biggest secret in the military is how we get our secrets,” said Lundberg. “Americans have recently been concerned about balloons from China flying over the U.S., but I truly believe the biggest security threat to the United States is the thousands of tracking devices we carry around with us every day.”

“National security experts have warned that TikTok has the potential to allow the Chinese Communist Party to spy on Americans’ activities and control their mobile devices,” continued Lundberg. “We should listen to these warnings and take every precaution possible to minimize the threat of TikTok.”

The State of Tennessee and the Federal government have taken similar steps to mitigate the security risks of TikTok by prohibiting government internet networks and devices from supporting the social media app.

Protecting citizens from stalking 

Other legislation that seeks to protect citizens from being unknowingly tracked by strengthening advanced this week in the Senate Judiciary Committee. Senate Bill 1223 sponsored by Senator Dawn White (R-Murfreesboro) strengthens Tennessee’s anti-stalking laws by expanding the meaning of stalking to include use of an electronic tracking or Global Positioning System (GPS) device to secretly monitor the location of an individual and/or their property without their consent. State law currently requires at least two separate noncontinuous acts to occur before someone could be charged with the offense. Law enforcement agencies across the nation have warned citizens about the growing problem of stalking with electronic tracking devices being secretly used by criminals to follow vehicles they intend to steal or worse.

Supporting firefighters suffering from PTSD

Among many important bills lawmakers are advancing in the Senate this week is a proposal that seeks to reduce stigma and provide support for firefighters following a post-traumatic stress disorder (PTSD) diagnosis was unanimously passed by the Commerce and Labor committee this week. Sponsored by Senator Paul Bailey (R-Sparta), the James ‘Dustin’ Samples Act (Senate Bill 856) allows a firefighter who has been diagnosed with PTSD as a result of his or her service to receive resources through their workers’ compensation benefits plan.

The bill establishes a grant program to mitigate the cost to an employer providing worker’s compensation for firefighters diagnosed with PTSD. In order to qualify for the grant, employers must provide mental health awareness training as part of their continuing education program.

“The most significant threat to firefighters in Tennessee is suicide, which far exceeds the number of deaths while responding, and research has confirmed that unresolved PTSD is the root cause,” said Bailey. “Reducing the stigma and removing barriers to early care will make for cheaper claims, healthier firefighters and safer communities.”

The bill is named in honor of Captain James ‘Dustin’ Samples of the Cleveland Fire Department, who tragically committed suicide in 2020 after a years-long struggle with PTSD.

Bill to cap metro councils at 20 members passes Senate State and Local Government Committee

A measure that aims to ensure effective local representation and the utmost efficiency for taxpayers cleared the Senate State and Local Government Committee this week. Senate Bill 87, sponsored by Senate Finance Chairman Bo Watson (R-Hixson), reins in excessive government growth by capping the size of metropolitan councils in Tennessee to no more than 20 voting members.

“Local government bodies need to be a size that allows them to function efficiently and effectively without compromising their duty to represent the people,” Watson said.

Under the bill, local government bodies exceeding 20 voting members would be required to dissolve and re-appropriate current districts using the latest federal U.S. Census data to ensure equal representation based on population.

For the councils that would be affected, the legislation sets out a process to allow them to redistrict and be able to hold an election on the proper timeline without disrupting the normal election cycle. It gives affected metro governments the opportunity to redistrict prior to May 1, 2023. If they have not redistricted by May 1, then the current council members’ terms would be extended one year.

Prohibiting implicit bias training requirements in schools — A bill that prohibits school districts, public charter schools and public institutions of higher education from requiring employees to take implicit bias training passed the Education Committee this week. Sponsored by Senator Todd Gardenhire (R-Chattanooga), Senate Bill 102 also prohibits adverse employment actions from being taken against employees who refuse to participate in the training. The bill defines “implicit bias training” as a training or educational program designed to expose an individual to biases that the training’s developer presumes the individual to unconsciously, subconsciously, or unintentionally possess. As defined in the bill, implicit bias training predisposes the individual to be unfairly prejudiced in favor of or against a person or group and seeks to adjust the individual’s patterns of thinking in order to eliminate the individual’s unconscious bias or prejudice. Gardenhire says employment at Tennessee education institutions should not be contingent on a training program that erroneously presumes them to be racist or biased.

Supporting COVID-19 vaccine freedom for military – The State and Local Government Committee passed a joint resolution expressing support for the Allowing Military Exemptions, Recognizing Individual Concerns About New Shots (AMERICANS) Act of 2023, which aims to reinstate service members terminated for not receiving a COVID-19 vaccination and give the reinstated members back pay. Tennessee Senator Marsha Blackburn is co-sponsoring this legislation in the United States Senate. Senate Joint Resolution 127 is sponsored by Sen. Jack Johnson (R-Franklin) and now advances to the Senate floor for final approval.

Removing the tuition cap for dual enrollment — The Education Committee this week passed a bill that removes the tuition cap for dual enrollment for certain campuses. Sponsored by Senator Ed Jackson (R-Jackson), Senate Bill 1408 applies to high school students taking college courses to get a head start for college credit. Present law prohibits an eligible postsecondary institution from charging certain students receiving a dual enrollment grant tuition or fees in excess of the student’s dual enrollment grant award. However, an eligible postsecondary institution may charge a student receiving a dual enrollment grant costs actually incurred by the institution on the student’s behalf, including book and material costs, and special examination fees, This bill changes the prohibition above to only apply to eligible public postsecondary institutions, not independent postsecondary institutions.

Expanding eligibility for the Tennessee HOPE scholarship – Senate Bill 74 by Senator Bo Watson (R-Hixson) seeks to recruit, retain and reward eligible Tennessee HOPE scholarship students by allowing them to receive the HOPE scholarship until the student has earned an advanced degree or for up to five years from initial enrollment, whichever is first. The HOPE scholarship is funded by the state lottery and is awarded to freshmen who are enrolled at an eligible postsecondary institution within 16 months after graduating from a Tennessee-eligible high school.

Easing requirements for veterans seeking a commercial driver’s license — Passed by the Transportation and Safety committee, Senate Bill 105 by Senator Bo Watson (R-Hixson) waives the knowledge test for active military service members, veterans and national guardsmen applying for a commercial driver’s license (CDL). The bill identifies various alternative requirements for the license, including operating a commercial motor vehicle in the military in combination with a good driving record. Similar laws are in place in 18 other states, including South Carolina, Georgia and Texas.

Dental and Dental Hygienist Interstate Compact – Tennessee is on track to become one of the first states to join the Dental and Dental Hygienist Interstate Compact, which would allow dental providers licensed in a member state to practice in other member states without having to obtain a license in another state. Senate Bill 361, sponsored by Sen. Becky Massey (R-Knoxville), would have a positive impact in Tennessee and help improve the shortage of dental providers by easing the barrier to cross state practice among member states. Under the bill, each member state would be required to have substantially the same licensure requirement. This interstate compact is similar to other compacts in which Tennessee participates, such as psychology, nursing and physical therapy. Compacts like this also benefit military families when they are assigned to a new duty station to make it easier for the servicemember or their spouse to practice their profession in Tennessee or another member state. The legislation passed the Senate Health and Welfare Committee this week.

Accelerating licensure for out-of-state medical providers –  Legislation to remove red tape that can make it harder for rural communities to recruit physicians and medical providers cleared the Senate Health and Welfare Committee this week. Senate Bill 296, sponsored by Sen. Todd Gardenhire (R-Chattanooga) would lower the time from 90 to 45 days that a medical board must make a decision on an application for licensure in Tennessee from a medical provider licensed in another state. The current wait period of up to 90 days to receive a decision on licensure by out-of-state medical providers and healthcare workers is too long for some providers considering practicing in rural areas. The bill applies to the Board of Medical Examiners, Board of Osteopathic Examination, Board of Nursing and Board of Physician Assistants.

Topical Medical Waste Reduction Act of 2023 – Legislation passed the Health and Welfare Committee to allow patients to take home topical medication administered at a hospital or surgical center that is needed for continued use. Senate Bill 523, sponsored by Sen. Ed Jackson (R-Jackson), will save patients money and reduce waste for medication currently tossed out after being opened at a healthcare facility. The legislation applies to topical antibiotics, anti-inflammatory, dilation, glaucoma drop or ointments.

Restitution for children of victims of DUI –  In the event a parent of a minor child is killed by an intoxicated driver, current law requires the convicted offender to pay restitution 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. Senate Bill 442, sponsored by Senator Adam Lowe (R-Calhoun), is known as “Dillard’s Law” and amends current law by allowing a family to convert the criminal restitution, which would be paid at the end of the defendant’s sentence, to a civil judgment, allowing the children to be compensated sooner rather than later.

Expanding virtual programs at schools — Senate Bill 225 by Senator Page Walley (R-Savannah) allows a school district that has an established virtual school to enter an agreement with a school district that doesn’t have one. The virtual school may provide remote instruction to students enrolled in either school district who have been suspended or expelled from the regular school program. Passed by the Education Committee this week, the legislation could be especially useful in rural counties.

Permitting school resource officers to serve private schools — Passed by the Education Committee this week, Senate Bill 315 by Senator Frank Niceley (R-Strawberry Plains) clarifies private schools may enter into contracts with school resource officers just as public schools are currently permitted.

Communication between juvenile courts and DCS – Senate Bill 447 sponsored by Senator Adam Lowe (R-Calhoun) requires the Department of Children’s Services (DCS) to notify the juvenile judge when a child placed in DCS custody is going to be discharged from the care of DCS. This bill ensures effective communication within the juvenile justice system and DCS. It also sets a procedure for the judge to object to the child being discharged from DCS custody. The measure passed the Senate Judiciary Committee this week and now moves to the Finance, Ways and Means committee.

Enhancing road safety — To enhance safety on Tennessee roads, the Transportation and Safety committee this week passed a bill that brings new penalties for distracted driving. Sponsored by Senator Mark Pody (R-Lebanon), Senate Bill 589 states that persons 18 years of age or younger caught texting while driving two times in a year will have their driver’s license suspended for six months. Those older than 18 years of age caught texting while driving three times in a year will also have their license suspended. Each year, the number of distracted driving offenses increases in Tennessee.

Clarifying a tax exemption for the Megasite Authority of West Tennessee — A bill that clarifies a tax exemption for the Megasite Authority of West Tennessee received a positive recommendation by the Revenue Subcommittee of Finance, Ways & Means Committee this week. Sponsored by Senate Majority Leader Jack Johnson (R-Franklin) and Senator Page Walley (R-Savannah), Senate Bill 272 clarifies that the industrial machinery exemption include materials and machinery purchased by contractors who have entered into a contract with the state for wastewater treatment or sewage work on projects at the West Tennessee megasite. Present law generally provides that no sales and use tax is due with respect to industrial machinery. The bill will next be considered by the full Finance, Ways and Means Committee.

Annual Hospital Assessment Act – The Senate Health and Welfare Committee passed legislation to extend the Annual Hospital Assessment Act, which the state has passed each year since 2010. Senate Bill 289, sponsored by Sen. Ferrell Haile (R-Gallatin), continues the voluntary hospital assessment that results in more than $691 million in state funds going towards covering indigent and uninsured care provided by hospitals to the general public and makes the state eligible for $1.8 billion in federal matching funds to support TennCare. This assessment identifies areas of needs for hospitals and helps hospitals meet these needs and continue operations while not raising prices for patients.

Extending the Ground Ambulance Service Provider Assessment Act — Sponsored by Senator Ken Yager (R-Kingston), Senate Bill 984 extends the Ground Ambulance Service Provider Assessment for one year to June 30, 2024. Ambulance providers in Tennessee impose a fee on themselves that’s administered by the Bureau of TennCare, and the fee is then leveraged into additional federal dollars that are distributed to participating ambulance services based on the number of ground transports.

Modernizing regulations for the money transmitter industry — Passed by the Commerce and Labor committee, Senate Bill 268 seeks to modernize regulatory standards to enhance the safety and soundness of the money transmitter industry while supporting business, innovation and economic progress in Tennessee. The bill would replace the Tennessee Money Transmitter Act of 1994 as the industry has changed significantly over the years from operating out of brick-and-mortar offices to Internet-based models in multiple states. The bill clarifies the types of activities that are subject to licensing, enhances the prudential standards required by licensees and it better aligns these standards with the risks associated with the evolving industry. Multiple other states are considering similar if not identical legislation. The bill is sponsored by Senate Majority Leader Jack Johnson (R-Franklin).

(NASHVILLE) The Senate is in full swing. Lawmakers are passing legislation on the Senate floor and advancing many bills through committees to ensure Tennessee remains a great place to live, work and raise a family. This week, Senate committees completed their first of five weeks of budget hearings and heard budget proposals from 18 different state departments and agencies. 

One of Gov. Lee’s legislative priorities to conserve Tennessee’s natural resources and environment passed its first committee this week. The bill would establish a grant fund and tax incentives to clean up contaminated brownfield properties across rural Tennessee. 

This week was also highlighted by legislation to increase school choice through charter schools and expanding eligibility for the Education Savings Account (ESA) pilot program. 

Legislation to protect vulnerable citizens is also advancing in the Senate. On Monday, Senate Republicans approved legislation to protect children from harmful and irreversible medical procedures to change their gender identity. Other legislation is moving through committees to crack down on child predators and engage businesses in human trafficking training and awareness. 

Committees approved legislation to remove barriers for top-tier professionals to work, live and do business in Tennessee. These moves are aimed at expanding access to mental healthcare providers and strengthening public safety by making it easier to hire experienced law enforcement officers and license psychologists from another state. Another measure would increase access to behavioral health services through telehealth appointments. 

Proposal to establish grants and tax incentives for brownfield site cleanup clears Senate committee

The Senate Energy, Agriculture and Natural Resources Committee advanced legislation to fast-track remediation and redevelopment of brownfield properties across rural Tennessee. The initiative, which is part of Gov. Bill Lee’s legislative priorities this year, would provide technical and financial resources directly to local communities while bolstering incentives for developers and communities. Brownfield sites are properties that are unusable due to the presence of hazardous substances, pollutants or contaminants. Many of these sites have the potential to be repurposed, but often require major initial investments to clean up the properties.

Senate Bill 271, co-sponsored by Sen. Paul Rose (R-Covington), would create the Tennessee Brownfield Redevelopment Area Grant (BRAG) program to provide $5 million in annual grants to communities to investigate and clean up brownfield properties and return the sites to marketable use. 

“Tennessee is experiencing the benefits of tremendous economic and population growth, but this growth is also straining the availability and conservation of valuable agricultural, recreational, and green space lands,” said Rose. “These are farmlands and cow pastures, ball fields and local parks, and wide-open spaces where Tennesseans hunt, fish, and hike. It is important to clean up these spaces to maintain the incredible quality of life in Tennessee.”

The Tennessee Department of Environment and Conservation (TDEC) has identified at least 175 known brownfield sites in 36 different counties across Tennessee. 

Additionally, the legislation would amend the Brownfield Franchise and Excise Tax Credit law to

provide rural and smaller communities a targeted incentive to clean up properties. It would also grant communities more flexibility when the credit amount can be claimed.

Finally, the measure expands eligibility for the Brownfield Tax Increment Financing (TIF) law by removing urban and low-income geographic requirements and increasing qualifying project costs to ensure all Tennessee communities have the opportunity for more economic growth. 

Senate honors the lives of Tennessee National Guardsmen who died in helicopter crash  — On Wednesday afternoon, a Tennessee National Guard UH-60 Blackhawk Helicopter crashed while conducting a training flight in Huntsville, AL. The two guardsmen on board were tragically killed. Thursday morning, Chairman of the Veterans’ Caucus Sen. Richard Briggs (R-Knoxville), recognized the service and sacrifice of the two guardsmen and led the Senate in prayer for their families. Briggs also noted the heroism of the helicopter crew. According to witnesses, the guardsmen skillfully maneuvered the helicopter away from a residential neighborhood and ensured no civilians were injured in the crash. 

Protecting the freedom to cook – Legislation was approved by the State and Local Government Committee this week to protect the ability of Tennesseans to choose the type of appliances they use in their homes. Senate Bill 367, sponsored by Senator Page Walley (R-Savannah), is in response to the federal government expressing interest in discontinuing or restricting the use of home appliances that run on natural gas, such as gas stoves. The legislation would prohibit local governments from banning, based on energy source, the type of appliances used by citizens in their homes. 

Protecting children from harmful medical procedures to change gender identity – On Monday, Senate Republicans passed legislation to prohibit minors from undergoing irreversible and harmful medical procedures to change their gender identity. Senate Bill 1, sponsored by Senate Majority Leader Jack Johnson (R-Franklin) puts age-restrictions on 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. The bill ensures that only adults who are 18 years of age and older can elect to undergo these permanent procedures with lifelong health implications that often deprive the recipients of the ability to have children. 

Cracking down on child predators – The Judiciary Committee passed legislation on Tuesday aimed at strengthening laws surrounding child sexual abuse. Senate Bill 287, sponsored by Speaker Pro Tempore Ferrell Haile (R-Gallatin), adds the offense of statutory rape by an authority figure to the existing list of 13 offenses under the solicitation of a minor statute. The bill further adds that a person convicted of continuous sexual abuse of child must be under community supervision for life in addition to any other punishment that offender receives. Senate Bill 501, sponsored by Senator Bo Watson (R-Hixson), codifies existing judicial interpretation that child sexual offenders are prosecuted based on the age of the victim when the offense was committed. 

Ensuring child abusers cannot be licensed educators — Passed by the Education Committee this week, Senate Bill 743 clarifies existing law and closes loopholes related to school employees who have committed child abuse. Sponsored by Senator Dawn White (R-Murfreesboro), the bill clarifies that public charter schools and the State Board of Education are prohibited from employing individuals found by the Department of Children’s Services (DCS) to have committed child abuse, child sexual abuse and child neglect. Those found guilty would not be eligible to receive an educator license, restore a revoked license or re-apply for an expired one. The bill also states DCS shall not report findings unless due process has been completed. 

Also sponsored by White, Senate Bill 744 specifies that being identified as a child abuser by an administrative agency in another state or being placed on another state’s vulnerable persons or sex offender registry triggers the requirement of automatic revocation of the license without a hearing. The bill expands the list of events that trigger the requirement of automatic revocation of an educators’ license to include receiving verification of the identity of the educator along with a certified court order, settlement agreement or plea, or administrative action requiring the educator to surrender their license, among other events. The bill also cleared the Education Committee this week. 

Tennessee Businesses Against Trafficking Program – Legislation passed by the Judiciary Committee establishes the Tennessee Businesses Against Trafficking program, which engages corporations and other private entities in voluntary efforts to identify, prevent, and combat human trafficking. Senate Bill 1212, sponsored by Sen. Dawn White (R-Murfreesboro), requires the Secretary of State to establish a program that includes participating in training, public awareness campaigns, and other measures. The Secretary of State will work collaboratively with other state agencies and advisory councils to promote the program.

Removing challenges facing charter schools — A bill that seeks to clarify various charter school-related provisions as well as operational challenges charter schools face cleared the Education Committee this week. Sponsored by Senator Todd Gardenhire (R-Chattanooga), Senate Bill 980 clarifies that charter schools may enroll out-of-district students after all eligible in-district students have been enrolled, and that out-of-district students may not exceed more than 25% of the total student enrollment for the charter schools. There is currently no cap on out-of-district enrollment and no requirement that in-district students be enrolled first. Additionally, the funding will work the same way as with any other public school student that attends school out of district: TISA funds will follow that student to the receiving district, which may charge tuition to account for differences in local funding. Even though the student is attending a charter school, the tuition will go to the district. The bill also requires a charter school authorizer to review the performance of any other charter school operated by the school sponsor, governing body or charter management organization, among other provisions. 

Expanding education savings account eligibility — Sponsored by Senator Jon Lundberg (R-Bristol), Senate Bill 638 expands student eligibility for the state’s education savings account (ESA) to include students who would have been otherwise eligible for the program if the courts had not enjoined it after passage in 2019. The bill expands student eligibility in the ESA program to include students who were not enrolled, and who did not attend, a Tennessee public school for the one full school year immediately preceding the school year for which the student receives an ESA, but who were enrolled in, and who attended, a Tennessee public school in the 2019-20, 2020-21 or 2021-22 school year. It also includes students who are not eligible, for the first time, to enroll in a Tennessee school, but who were eligible, for the first time, to enroll in a Tennessee school in the 2019-20, 2020-21 or 2021-22 school year. The bill passed the Education Committee this week. 

Additionally, the Senate approved Senate Bill 12, sponsored by Sen. Todd Gardenhire (R-Chattanooga), to expand the education savings account pilot program to Hamilton County. Gardenhire said that because of low performing schools in his district, he wants Hamilton County parents and students to have the option to choose an alternative to public schools and not be hindered by the high cost of private education. 

Alleviating the teacher shortage — Passed by the Education Committee this week, Senate Bill 556 supports Tennessee teachers by creating a fund and process to reimburse them for the cost of a licensure assessment after earning a passing score. Teacher candidates must earn a passing score on required assessments to demonstrate their preparations to obtain a license and enter the classroom ready to teach. Additional funds to cover these assessments will allow more teachers to become licensed to teach in Tennessee and reduce the state’s teacher shortage. The bill is sponsored by Senator Bill Powers (R-Clarksville). 

Improving the hiring process for out of state law enforcement officers – The Judiciary Committee approved legislation that will allow for more efficient processing for out of state law enforcement personnel, while giving the Tennessee Peace Officers Standards and Training (POST) Commission the flexibility to determine standards of certification. Senate Bill 265, sponsored by Sen. Todd Gardenhire (R-Chattanooga), adds practical experience and education of an applicant certified in another state to the criteria evaluated by the POST Commission when considering qualifications for certification in Tennessee. Current law only authorizes the POST Commission to evaluate the training received in another state compared to the training programs in Tennessee when determining certification. In addition, the legislation prohibits the POST Commission from certifying a person who has been decertified in another state due to criminal or other misconduct.

Streamlining telehealth — Passed by the Commerce and Labor Committee, Senate Bill 721 by Senator Becky Massey (R-Knoxville) proposes exceptions to telehealth requirements for behavioral health evaluations. Under current law, in order for a telehealth encounter to take place the patient must have an existing relationship with their practitioner and have been seen within the last 16 months. In addition, current law requires a collaborating physician to visit remote practices every 30 days: ten of the 12 visits may be conducted remotely, and at least two visits must be conducted in person.

The bill would allow for an exemption to the 16-month encounter requirement when a patient is receiving an initial behavioral health evaluation or assessment. It would also allow a collaborating physician in a telemedicine practice to conduct all visits remotely.

The change would allow for rapid access to an evaluation, which is important for behavioral health patients. This could be a Tennessean leaving a hospital setting or a child coming into state custody when time is of the essence. Often, initial encounters are conducted via telehealth and this statutory change ensures providers are not operating outside of existing statutes. Practitioners who engage in telehealth often do not have a clinical setting for the physician to visit each month. This exception is similar to ones in place for community mental health centers and federally-qualified health centers and will allow collaborating physicians to maintain communications with the licensees with whom they practice and meet the requirements of state law. 

Increasing Access to Providers in Tennessee –  The Senate Health and Welfare Committee approved legislation this week to expand access to healthcare providers in Tennessee.  Senate Bill 680, sponsored by Senator Shane Reeves (R-Murfreesboro), allows telehealth providers that have an address in another state to provide services to people in Tennessee. The current law states that any vendor through TennCare has to have a physical address in Tennessee, but this bill removes that requirement, allowing greater healthcare access to people on TennCare. Another bill, sponsored by Sen. Page Walley (R-Savannah), makes it easier for psychologists with an out-of-state license to become licensed in Tennessee. Senate Bill 953 allows the Board of Psychology to designate a person as a health service provider if they have a valid license or certificate in another state, and they have been practicing for at least 10 of the last 15 years preceding the application. The applicant’s previous license or certification must have required training that is generally equivalent to Tennessee’s licensing standards, and the applicant must not have been subject to any disciplinary action. 

Safeguarding  citizens from government overreach regarding COVID-19 – The Senate made permanent several laws passed during the COVID-19 pandemic to protect citizens from government overreach and provide businesses and health care providers with liability protections from health-related claims. By making these laws permanent, lawmakers ensure that state and local governments cannot require COVID-19 vaccine mandates and that statewide standards are met before local governments can issue mask mandates in public and in schools. Among other things, it also guarantees a person hospitalized can be accompanied by a family member during their stay. Senate Bill 11, sponsored by Johnson, removes the July 1, 2023 termination date on these provisions.

Reducing fees for charitable organizations – The State and Local Government Committee approved legislation this week to extend fee reductions for charitable organizations through fiscal year 2024. Senate Bill 170, sponsored by Sen. Todd Gardenhire (R-Chattanooga), lowers the registration fee for charitable organizations to $10, which will save charitable organizations in Tennessee over $2 million per year. It also sets a $300 maximum for late registration fees in a calendar year. Furthermore, if a charitable organization raises $25,000 for disaster relief and does not use all of the funds, the organization must report their plans to use the funds to the Secretary of State’s office.

Protecting ABLE funds for people with disabilities – To protect funds in the Achieving a Better Life Experience (ABLE) program, a tax-free personal savings account for people with disabilities, the Senate Health and Welfare Committee passed Senate Bill 363 sponsored by Sen. Becky Massey (R-Knoxville). The bill would prohibit the state from seeking recovery of those funds to pay for medical bills on behalf of the designated beneficiary upon their death. The ABLE program gives people with disabilities and their loved ones the opportunity to save and invest in a tax-free savings account which helps the beneficiary maintain independence and improve quality of life by using the funds to pay for various living, educational, and medical expenses. This protection will help encourage those with disabilities and their loved ones to invest in the ABLE program because they can trust the funds will be secure from outside intervention. Tennessee was one of the first two states in the country to implement the ABLE program after it was authorized by the federal government. 

Location tracking for ignition interlock devices – Freshman State Senator Brent Taylor (R-Memphis) presented his first bill to the full Senate on Monday and received near unanimous approval. The legislation will make it easier for law enforcement to prosecute those convicted of a DUI for getting behind the wheel under the influence. Senate Bill 258 will require that all ignition interlock devices installed on vehicles after January 1, 2024 be equipped with GPS technology to geotag a vehicle’s location whenever an ignition interlock device is used to start a vehicle. These devices are installed on vehicles of drivers convicted of a DUI and require drivers to pass a breathalyzer test to ensure they are not under the influence of alcohol before they can operate their vehicle. When the driver blows into the breathalyzer, a photo is taken to confirm the driver is the one blowing. Currently, law enforcement cannot prosecute a driver when photo evidence confirms that a person other than the driver blows into the breathalyzer because without a geotag at the time the ignition interlock device is used, it is unclear which jurisdiction the driver should be prosecuted. 

“This bill will protect the citizens of Tennessee, reduce the number of traffic fatalities and crashes, promote public safety, and result in additional revenue to the state budget,” said Taylor. 

Encouraging treatment for alcohol abuse for DUI offenders – The Judiciary Committee passed legislation to lower from 25 to 17 the required number of days a person convicted of a 2nd DUI must spend in prison before being eligible to participate in a substance abuse treatment program. Senate Bill 328, sponsored by Sen. Ferrell Haile (R-Gallatin), also requires a judge to order a person convicted of a third or subsequent DUI offense to wear a transdermal alcohol monitoring device for a minimum of 90 days of continuous sobriety upon release on bail, unless the person’s criminal case ends before the completion of this period.

Enforcing nepotism laws – In 2022, a District Attorney was found to have violated the Tennessee State Employees Uniform Nepotism Policy Act of 1980, but there was no available statute to enforce the law. Senate Bill 103, sponsored by Senator Todd Gardenhire (R-Chattanooga), creates a legal path to enforce the state’s nepotism laws.  It clarifies that a state employee is any person employed by a government entity regardless of funding source, and anyone receiving funding from federal, state, or local government is subject to state nepotism laws. Furthermore, it creates a criminal penalty, a Class A misdemeanor, for state employees who violate the state nepotism policy. The legislation passed the Senate State and Local Government Committee this week and advances to the Senate floor for final approval.

Extending TANF Pilot Program – In 2021, the General Assembly passed legislation to strengthen and improve the state’s Temporary Assistance for Needy Families (TANF) program, which provides important support to struggling families, such as child care assistance, temporary cash assistance, job training and more. The 2021 legislation authorized seven individual, three-year pilots to create large-scale programs benefiting TANF recipients. This week, the Health and Welfare Committee approved legislation to extend the TANF pilot programs for one year, setting the deadline at December 31, 2026. This extension will bolster evaluation research by giving the individual pilots more time to complete a randomized controlled trial to evaluate the program’s effectiveness. Additionally, the legislation will extend the amount of time the Department of Human Services has to allocate its yearly allotment of  $191 million from 12 months to 18 months. Senate Bill 246, co-sponsored by Sen. Bo Watson (R-Hixson), will ensure there is an appropriate amount of time to thoughtfully and effectively distribute TANF funds to evidence-based programs that will benefit struggling Tennessee families. 

Strengthening Registry of Election Finance – The State and Local Government Committee passed legislation to strengthen laws governing the state Registry of Election Finance. Senate Bill 160, sponsored by Sen. Richard Briggs (R-Knoxville), provides more oversight to political campaigns by setting limits on campaign contributions that a candidate can collect after an election and requiring candidates who are no longer in office but maintain a balance in their campaign account to submit bank statements with their campaign finance reports. The legislation also clarifies that the registry and the attorney general can investigate complaints against both candidates and political action committees. It makes it easier for the attorney general and the district attorneys general to investigate sworn complaints. 

Creating a new class of driver’s license for motor scooters — A bill that creates a new class of driver’s license for motor scooters, called the Class M-Limited license, cleared the Transportation and Safety Committee this week. Under Senate Bill 976, a Class M-Limited license may be issued for all lower-speed and lower-weight motor scooters, including mopeds, but not for larger motorcycles. The bill does not apply to Bird nor Lime scooters found around Nashville. Bill sponsor Senator Bill Powers (R-Clarksville) said motor scooters are a reliable and affordable transportation option for commuting to work and school and noted the bill maintains current safety and licensing safeguards. The Department of Safety may develop knowledge and skills tests that are suitable for the Class M-Limited license and for the operation of motor scooters. 

Removing Administrative Burdens for Underground Injection Control Activities- Senator Adam Lowe (R-Calhoun) is co-sponsoring Senate Bill 261 which aims to reduce administrative burdens and costs for the Tennessee Department of Environment and Conservation. The bill removes the permit requirement for Class V underground injection control permits without diminishing the responsibility of owners or operators to maintain compliance with regulations protecting water quality. The bill passed the Senate Agriculture, Energy and Natural Resources Committee on Wednesday and advances to the Senate floor. 

Updating laws affecting Tennessee’s banking industry — Sponsored by Senator Shane Reeves (R-Murfreesboro), Senate Bill 676 makes three updates to the law affecting Tennessee’s banking industry. First, the bill clarifies that due to the repeal of the inheritance tax in 2015, a bank is not required to notify the Department of Revenue of the death of the last lessor of a safety deposit box or any person who died in 2016 or any subsequent year. The bill further provides that trust companies do not need to provide public notice when opening a new branch, and it clarifies that a lien holder can seek payment of the fee charged to release a deed of trust from the borrower. The bill was passed by the Commerce and Labor Committee this week. 

Cutting red tape for insurance producers — Current state law mandates the completion of a 20-hour minimum prep class before a Tennessee candidate can take the insurance producer licensing exam. Passed by the Commerce and Labor Committee this week, Senate Bill 1369 would eliminate the pre-licensing course of study mandate for Tennesseans studying for the exam, a move that has also been made by many other states. The bill is sponsored by Senator Steve Southerland (R-Morristown). 

Marriage – The Judiciary Committee approved Senate Bill 583, by Sen. Mark Pody (R-Lebanon) to extend the ability to solemnize marriage from current and former state judges to include current and former county and municipal judges. 

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.