(NASHVILLE, Tenn.), February 24, 2022 – Tennessee Governor Bill Lee and Tennessee Department of Education Commissioner Penny Schwinn on Thursday released the details of the Tennessee Investment in Student Achievement (TISA) Act (SB2396) that would transition Tennessee’s K-12 public schools to a student-based funding approach. 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 includes $1 billion in new recurring state funds and $750 million in one-time state funds this year.

The TISA will update the way Tennessee funds public education for the first time in over 30 years 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. Under the TISA districts would receive more than they would under the BEP should enrollment remain stable. Access an overview PowerPoint presentation of the TISA and associated bill language here. To learn more about the student-based funding formula go here.

“The Tennessee Investment in Student Achievement formula will be a powerful tool the state can use to ensure we are putting all students on a path to success,” said Gov. Lee. “By serving our students well and giving the public greater insight into how their tax dollars are supporting students, the TISA represents an exciting opportunity to improve educational outcomes, strengthen our workforce and propel Tennessee forward.”

“Updating our public education funding model is an investment in our state’s students and our state’s future,” said Commissioner Penny Schwinn. “Months of public feedback highlighted how committed Tennesseans are to strengthening how we fund public education, and the TISA puts the focus of education funding right where it belongs – on students.”

The Tennessee Investment in Student Achievement is a student-based funding formula that will include the following proposed investments for each of these components:

• $6.6 billion for base funding for every public school student.
• $1.8 billion in additional funding to be allocated based on weights to address specific student needs.
• $376 million in direct funding for students to receive additional funding allocations to support specific programs, like tutoring.
• $100 million in outcomes funding to be awarded based on achievement to empower schools to help all students reach their full potential.

Additionally, the TISA has reporting and district accountability requirements, including an annual TISA report delivered to the Tennessee General Assembly by the department and individual district-level accountability reports to be submitted by local school boards to the department to establish goals for student achievement in the current school year, explain how the goals can be met within the local budget, and describe how the local budget and expenditures for prior school years enabled districts to progress student outcomes.

Computer science requirement gets committee approval

Legislation that would require all Tennessee public schools to offer computer science training was approved by the Education Committee this week.

“I think we’d all agree there are very few jobs out there today and certainly into the future where you will not be working with computers in some form or fashion,” said Senate Leader Sen. Jack Johnson (R-Franklin). “Furthermore, we know from our employers in the state and jobs we’re recruiting — we have a real lack of people going into the computer science field. I think it’s good to get these kids at a younger age exposed to computer sciences and those interested may choose to pursue it further.”

Senate Bill 2406 would require the State Board of Education to adopt comprehensive computer science education standards by the 2023-2024 school year. It would require every high school student to complete a full year of computer science education in order to graduate, starting with freshmen in the 2024-2025 school year. Additionally, every middle school student would be required to receive at least one course in computer science education while elementary students would be required to receive age-appropriate computer science education.

At the high-school level, the legislation intends for the computer science requirement to be in lieu of — not in addition to — an existing math or science requirement to be determined by the Board of Education.

Johnson said computer science courses may include rudimentary coding as well as lessons on how computers work and the technology behind them.

Currently about half of Tennessee public schools offer computer science training, Johnson said. As stipulated in the bill, the other half of schools not currently offering such training would be provided the resources to do so for free by the Department of Education.

Bill proposes to legalize fentanyl-test strips

The Judiciary Committee this week approved a bill that would legalize fentanyl test strips to prevent drug overdoses. Such devices, which are used to determine if a sample contains the opioid, are currently classified as “drug paraphernalia” in Tennessee.

“Senate Bill 2427 is very important for Tennessee, especially East Tennessee, where we’ve had a very large number of deaths from drug overdoses,” said co-sponsor Sen. Richard Briggs (R-Knoxville). “This bill legalizes a tool that can help save lives from drug overdoses in our state.”

Briggs said studies show that when fentanyl test strips are distributed, roughly 80% of those who use them discover the drug they’re intending to use contains fentanyl, which can be lethal in small doses. The studies show many of those people then modify their behavior by discarding the drug, taking a smaller dose or pursuing other safety measures, Briggs said.

Proposed by Gov. Lee, the bill would be in effect for three years, at which point lawmakers would determine if it has been effective and will remain on the books or not.

Per the bill, fentanyl test strips would still be considered illegal drug paraphernalia if found on those involved in selling or manufacturing controlled substances.

Briggs said 10 states have legalized fentanyl test strips, 15 other states never classified the devices as “drug paraphernalia” while another group of states is actively considering similar legislation.

Committee advances Hannah Eimers Roadside Safety Act

The Transportation and Safety Committee this week passed the Hannah Eimers Memorial Tennessee Roadside Safety Hardware Act. Senate Bill 1671 would require robust safety testing of crash cushions and guardrail end terminals located on public highways and roads.

The bill is named after 17-year-old Hannah Eimers, who was tragically killed in 2016 in a car crash involving a guardrail on Interstate 75 in McMinn County.

Bill sponsor Sen. Becky Massey (R-Knoxville) said there was no independent safety testing of the guardrail that killed Eimers. While that particular guardrail design has since been replaced throughout Tennessee, the bill ensures there is adequate safety testing moving forward.

“We don’t want to have something like this happen ever again,” said Massey. “We want to make sure we’re doing everything we can to have reliable testing and safety for our roads in Tennessee.”

The bill requires safety testing according to the standards established by the federal highway administration. Also, if the manufacturer makes a change to a crash cushion or guardrail end terminal that’s been installed, it must notify the state for a safety retest.

Legislation would create Tennessee Center for Nursing Advancement

A bill advancing through the committee process would create the Tennessee Center for Nursing Advancement to address nursing workforce needs. The center would be within East Tennessee State University in conjunction with Ballad Health.

Proposed by Gov. Lee, Senate Bill 2401 allows the center to collect and aggregate data on nursing turnover, reasons for nursing turnover and successful recruitment practices. The data would be published in reports while maintaining confidentiality, and could lead to future public policy considerations. There is currently no common database for nursing shortages.

“The national shortage of nursing is a major public health threat,” said Sen. Rusty Crowe (R-Johnson City), a co-sponsor of the bill. “I am so proud that our region is leading the effort to develop data-driven solutions for the nursing shortage so we can take care of the people in our state. I believe the Tennessee Center for Nursing Advancement at ETSU will become a national resource.”

ETSU/Ballad have already pledged $10 million for the startup of the center, and Gov. Lee’s proposed budget includes $1 million a year for management of the center.

The Education Committee passed the bill this week. Next it will be reviewed by the Finance, Ways and Means Committee.

In Brief:

COVID-19 vaccine exemptions — The Senate also passed a bill that will codify medical and religious exemptions for COVID-19 vaccine mandates.

Last year, President Joe Biden issued an executive order requiring healthcare workers at facilities participating in Medicare and Medicaid to be fully vaccinated against COVID-19. The order, which was initially enjoined by federal courts before being upheld as constitutional by the U.S. Supreme Court, included provisions that compel applicable employers to honor religious and medical exemptions.

Senate Bill 1823 proposes to codify into state law the executive order’s medical and religious exemptions for COVID-19 vaccination mandates. The bill also goes a step further in assisting those seeking such an exemption by providing a state enforcement mechanism.

Age-Appropriate Materials Act of 2022 — The Senate this week passed the Age-Appropriate Materials Act of 2022 (Senate Bill 2407) requiring public schools to post online a list of the materials in their libraries. The bill also creates a required standardized review framework to ensure school library collections are periodically evaluated for age-appropriateness.

Should a school find a material is not age-appropriate based on student, parental or employee feedback, then the school would have to remove it. The decision is ultimately up to the school in conjunction with the school board.

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(NASHVILLE, Tenn.), February 17, 2022 – The Education Committee this week passed legislation requiring public schools to post online a list of the materials in their libraries. Proposed by Gov. Bill Lee, the Age-Appropriate Materials Act of 2022 (Senate Bill 2407) now goes to the full Senate for consideration.

“This bill simply sets forth a framework for all of our public school libraries to use to make sure parents and other stakeholders, including teachers and school board members, have a way to find out what is in the public school libraries,” said Senate Majority Leader Sen. Jack Johnson (R-Franklin), the bill’s sponsor. “This bill ensures public school libraries contain only materials that are age-appropriate for students across Tennessee.

“This bill does not ban any book. It does not compel any board or any school to ban a book,” Johnson continued. “Many schools already publish lists of their library materials. This is widely acknowledged to be a best practice.”

The bill also creates a required standardized review framework to ensure school library collections are periodically evaluated for age-appropriateness. Currently, classroom textbooks and instructional materials used in Tennessee public schools are vetted for age-appropriateness and standards alignment through the textbook review, approval and adoption process. But there is no such standardized process for the review of public school library collections.

The bill requires each local board of education and public charter school governing body to adopt a policy establishing procedures for the review of school library collections. Each policy must include a procedure for schools to receive and evaluate feedback from students, parents, and school employees about materials in the library collection.

Should a school find a material is not age-appropriate based on student, parental or employee feedback, then the school would have to remove it. The decision is ultimately up to the school in conjunction with the school board.

“If it passes, this bill sends a message that the General Assembly believes in the ability of parents to know and to be able to review those materials in a library and then have an appropriate framework through which they can provide feedback,” Johnson said.

Judiciary Committee advances legislation supporting foster youth

The Judiciary Committee this week unanimously passed legislation aimed at enhancing the support system for youth in foster care.

Senate Bill 2398 proposes the state reimburse eligible relatives of foster youth to support the cost of raising the child. It would also expand eligibility of 18- to 21-year-olds who are transitioning from state custody to adulthood to access services.

“There’s a motto here in our state that Tennessee fosters hope and this bill does just that,” said Sen. Page Walley (R-Bolivar), a co-sponsor of the bill. “This bill is a step in the right direction I believe for our kids, our families and our state.”

There are many relatives of foster youth who would like to care for the child, but lack the means to do so, according to Walley. To keep foster children in the care of relatives in such situations, this bill proposes reimbursing the relative caregiver 50% of the full foster care rate for the care of the child if certain conditions are met.

“This would keep these kids in family without them coming into state custody and experiencing the trauma that ­can occur,” said Walley.

The second provision of the bill expands eligibility for state services among foster youth who have aged out of the foster care system at age 18 and until the age of 21. Under present law, foster youth between those ages can continue to receive services provided they are in school. This bill would allow youth in the job market to also be eligible for those benefits. The move would extend benefits to as many as 300 additional foster youth a year, according to Walley.

“The traditional college-bound journey doesn’t apply to many if not the vast majority of youth who are in this situation,” he said. “These kids want to work and can work and want to remain connected with the support and wrap-around services the Department of Children’s’ Services provides.”

Bill seeks to codify medical, religious exemption for COVID-19 vaccine

Last year, President Joe Biden issued an executive order requiring healthcare workers at facilities participating in Medicare and Medicaid to be fully vaccinated against COVID-19. The order, which was initially enjoined by federal courts before being upheld as constitutional by the U.S. Supreme Court, included provisions that compel applicable employers to honor religious and medical exemptions.

Senate Bill 1823 proposes to codify into state law the executive order’s medical and religious exemptions for COVID-19 vaccination mandates. The bill also goes a step further in assisting those seeking such an exemption by providing a state enforcement mechanism.

Under the federal order, those wishing to obtain an exemption must hire an attorney and work with the Equal Employment Opportunity Commission to challenge the requirement, according to Senate Majority Leader Sen. Jack Johnson (R-Franklin), the bill’s sponsor. This bill would allow those seeking an exemption to also work with the Attorney General, who could then take civil action against that employer if they fail to honor the exemption.

Johnson said the medical exemption can be obtained via a note from a Tennessee physician while the religious exemption can be obtained simply by declaring a strongly held religious reason for not getting vaccinated.

“That’s where it ends and then the employer must honor that request,” Johnson said. “The bill puts some teeth to make sure these employers in Tennessee are honoring the exemption request as provided for in the executive order.”

TISA Legislation Launches on Feb. 24 with Presentation from Gov. Lee and Commissioner Schwinn

Tennessee Governor Bill Lee and Tennessee Department of Education Commissioner Penny Schwinn will share legislation for the new student-based funding formula, known as the Tennessee Investment in Student Achievement formula (TISA), on Thursday, February 24. Tennesseans will have access to a livestream presentation that breaks down key aspects of the legislation and funding proposal. Details about the presentation will be announced next week.

“After an extensive process with input from thousands of Tennesseans, we are on the cusp of achieving an updated approach to public education that prioritizes students and invests in the future of Tennessee,” said Gov. Lee. “I thank our partners in the General Assembly who have worked with us for months to improve the way we fund public schools, and I have every expectation that we will get this done during the current legislative session.”

“From the start of the public engagement process, Tennesseans from across the state have weighed in and developed a strong vision for how to best fund public education,” said Commissioner Penny Schwinn. “Under the TISA, we will put the funding focus on students and give Tennesseans clear information to understand how districts and schools are using funding to help our students thrive.”

For the first time in over 30 years, the TISA will update the way Tennessee invests in public education by moving to a student-based funding formula, including the following components:

• Student-based funding starts with a base funding amount for every public-school student.
• Additional funding may then be allocated based on weights to address individual student needs.
• Direct funding is another opportunity for students to receive additional funding allocations to support specific programs, like tutoring.
• Outcome incentives are awarded based on student achievement to empower schools to help all students reach their full potential.

In 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. Starting last fall, the 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.

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

Senate approves ranked choice voting ban

A ban on ranked choice or instant runoff voting in state and local elections (Senate Bill 1820) was passed by the Senate this week.

Ranked choice voting is a voting method in which voters rank candidates by preference. The candidate with a majority of first-preference votes wins. If no candidate wins a majority of first-preference votes, then the candidate with the lowest preference is eliminated and their votes are redistributed among the remaining candidates. The process repeats until a winner is identified.

“It’s a very confusing and complex process that ultimately leads to lack of confidence in the vote totals,” said Sen. Brian Kelsey (R-Germantown), who sponsored the bill. “It also leads to reporting results in a process that’s difficult, slow and costly.”

To that point, Kelsey said the Oakland 2010 mayoral election, which utilized ranked choice voting, had 10 recounts, 11% of ballots were thrown out, and the winner still didn’t get 50% of the vote. New York City’s mayoral election last year, which also used ranked choice voting, saw eight recounts, 13% of ballots thrown out, and the winner won with just 31% of the votes cast.

“This bill does away with that process and ensures that confusion doesn’t come to Tennessee,” Kelsey said.

In Brief:

Staff Sgt. Ryan C. Knauss Memorial Highway — The Transportation and Safety Committee passed Senate Bill 2038, which names a segment of the Tazewell Pike in Knox County as the “Staff Sgt. Ryan C. Knauss Memorial Highway.”

A Knoxville native, Knauss made the ultimate sacrifice on Aug. 26, 2021 in Kabul, Afghanistan. He was tragically killed while helping American citizens and Afghan refugees escape the country amid the withdrawal of American forces and personnel.

“He was a true hero,” said Sen. Becky Massey (R-Knoxville). “Many Tennesseans regularly travel this road, and when we do we’ll think of Ryan and the sacrifice he made.”

New state song — The Senate named “I’ll Leave My Heart in Tennessee” by Bluegrass group Dailey and Vincent, written by Karen Staley, as an official state song. It is Tennessee’s 11^th official state song.

Human Trafficking training — The Senate voted in favor of Senate Bill 1670, which requires all school personnel, instead of only teachers, be trained at least once every three years on the detection, intervention, prevention, and treatment of human trafficking in which the victim is a child.

Residency requirements — Senate Bill 2616 would prohibit a person from being nominated as a candidate for U.S. Senator or member of the U.S. House of Representatives unless the person has voted in the three previous elections in this state. The bill cleared the State and Local Government Committee this week.

The Tennessee State Constitution requires seven years of residency in the state to run for Governor, five years of residency to run for judge or district attorney, and three years of residency to run for the State Senate or House. But the state and U.S. Constitution are silent in regards to residency for running for a seat in the U.S. Senate or House of Representatives, according to Sen. Frank Niceley (R-Strawberry Plains), who sponsored the bill.

“The constitution is silent on this issue. When the constitution is silent, the states can do what they want to do,” Niceley said.

Disabled license plates – Passed by the Transportation and Safety Committee, Senate Bill 2301 requires the design of disabled license plates to incorporate the color scheme, base design, and details used on the standard registration and license plate.

“Integrating the standard registration plates with disabled license plates will bring the state into compliance with the most integrated setting regulations of the ADA, which enables individuals with disabilities to interact with non-disabled persons to the fullest extent possible and really doesn’t set them apart as far as identifying it separately,” said Sen. Becky Massey (R-Knoxville), who sponsored the bill.

The bill would become effective Jan. 21, 2023.

State Park maintenance – The Energy, Agriculture, and Natural Resources Committee this week signed off on Senate Bill 2418, which establishes the State Parks Hospitality Maintenance and Improvement Fund. Each fiscal year, the bill would require at least 2% of the gross revenue created by park facilities to be deposited into the fund, which will be used for maintenance expenses.

“The fund will allow the Department of Environment and Conservation to sustain maintenance and replacement costs through self-funding rather than requesting regular allocations from the general fund for those expenses,” said Sen. Steve Southerland (R-Morristown), a co-sponsor of the bill. “We’re trying to make the parks self sufficient.”

Sen. Janice Bowling (R-Tullahoma) said: “There had been no designated funding to do the routine maintenance and we have found ourselves behind the curve with so many of our premier state parks. This bill will help fix that problem.”

Tourism – Senate Bill 2436 authorizes the commissioner of tourist development to develop and implement activities, grants, and programs that foster the growth of tourism in Tennessee. Passed by the Energy, Agriculture, and Natural Resources Committee, the bill also designates the department of tourist development as the department responsible for the implementation and administration of all marketing and promotion, tourism partner services, and economic development projects.

Local Education Agencies — The Senate this week passed Senate Bill 503, which entitles Local Education Agencies to reimbursement for the cost of providing health or medical services to eligible students. Payment will come from the Department of Finance and Administration.

“This will help stop a hemorrhage of funds from our LEAs,” said Sen. Ken Yager (R-Kingston), a co-sponsor of the bill. “This is really a good piece of legislation that will help the kids and our school districts.”

Crime — Senate Bill 1807 adds rape to the list of offenses for which a defendant is not eligible for probation under the Tennessee Criminal Sentencing Reform Act of 1989. The bill was passed by the Judiciary Committee this week.

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(NASHVILLE, Tenn.), February 10, 2022 – The Senate Education Committee this week passed a bill requiring all school employees to be trained to detect and prevent human trafficking of children.

Currently, only teachers are required to take the training. Senate Bill 1670 seeks to expand that requirement to all other personnel that aren’t contractors, including bus drivers, janitors or cafeteria workers, every three years.

“A lot of times these students who’ve been abused — a school nurse may see it or maybe a janitor may see what’s going on first,” said Sen. Todd Gardenhire (R-Chattanooga), the bill’s sponsor. “This bill ensures they know what to do if that happens.”

The training course would be online and last roughly 45 minutes to an hour, Gardenhire said.

Commerce and Labor Committee passes “New Markets Development Act”

The Commerce and Labor Committee unanimously approved legislation that would create a tax credit program to encourage economic growth in rural and low-income areas. The bill will be reviewed by the Senate Finance, Ways and Means Committee next.

The program created by the “New Markets Development Act” would fund small businesses located in Tennessee through insurance premium tax credits. Variations of the program have been implemented in 14 other states and on the federal level.

“We would see the benefits across the whole state potentially pretty quickly,” said Sen. John Stevens (R-Huntingdon). “In my district and others, we desperately need access to capital, which is difficult to get for businesses that want to expand. This legislation will help make that happen.”

Through the program, investment groups would receive tax breaks if they offer loans or invest in businesses or developments in low-income or rural areas. The program could raise and invest up to $100 million into Tennessee small businesses.

“This is an investment strategy that has been useful at the federal level and there have been a number of states that have been doing this for at least a decade with huge success,” said Sen. Bo Watson (R-Hixson), a co-sponsor of the bill. “The operational theory here is this will increase investment in Tennessee into areas that investors don’t always look to. I think it’s a good step forward.

Ranked choice voting ban advances to Senate

Legislation banning ranked choice or instant runoff voting in state and local elections was passed by the Senate State and Local Government Committee this week.

Ranked choice voting is a voting method in which voters rank candidates by preference. The candidate with a majority of first-preference votes wins. If no candidate wins a majority of first-preference votes, then the candidate with the lowest preference is eliminated and their votes are redistributed among the remaining candidates.

“Instant runoff voting has been proven to increase voter confusion, decrease voter turnout and confidence, and produce results that leave no candidate with a majority of total votes,” said Sen. Brian Kelsey (R-Germantown), the bill’s sponsor.

Senate Bill 1820 will next be considered by the full Senate.

Education Committee approves equal pay for Board of Education members

A bill that would make compensation for school board members equal to that of county and municipal legislators was approved by the Senate Education Committee this week.

According to Sen. Todd Gardenhire, who sponsored Senate Bill 1679, a majority of school boards members in Tennessee are paid less than the members of the local governing bodies, with about 80% of school board members paid below $3,000 a year to serve.

“Most school board members work the same amount of time and sometimes longer hours than their counterparts on the local governing bodies,” said Gardenhire. “They ought to be compensated the same amount.”

Gardenhire noted in Hamilton County, commissioners receive around $25,394 per year plus benefits while school board members are paid just $3,265 per year.

“I’ve never heard a person that’s running for the school board say gosh I’m going to increase my pay by being on the school board,” Gardenhire said. “But after one, two or three terms they say I just can’t afford to do this.”

Gov. Lee Appoints Butch Eley as Deputy Governor

This week, Tennessee Governor Bill Lee announced the appointment of Butch Eley as Deputy to the Governor. Eley will continue serving in his current role as Commissioner for the Tennessee Department of Finance and Administration (F&A) and as a member of Gov. Lee’s cabinet. The position of Deputy Governor was previously held by Lang Wiseman who has returned to the private sector.

“For the past three years, Butch has played a pivotal role in our strong economic recovery and in maintaining Tennessee’s reputation for conservative fiscal management,” said Gov. Lee. “His extensive public and private sector experience will continue to add enormous value as we invest strategically in infrastructure, education and other priorities to serve Tennesseans and support our state’s growth.”

Eley previously served as Chief Operating Officer in the Governor’s office from January 2019 to May 2020, where he led the state’s first four-year strategic planning process. In his subsequent appointment as Commissioner of Finance and Administration, he has developed multiple state budgets and works closely with legislative leaders of the Financial Stimulus Accountability Group (FSAG) to oversee and allocate the influx of federal relief funds provided to Tennessee over the past two years.

Prior to joining the Lee Administration, Eley was a founder and CEO of Infrastructure Corporation of America (ICA). Headquartered in Nashville, ICA was one of the nation’s leading infrastructure asset maintenance management companies with comprehensive asset management contracts throughout the country.

Eley earned his bachelor’s degree and MBA at Belmont University. He and his wife Ginger reside in Nashville.

Gov. Lee Issues Statement on CMS Vaccine Mandate Lawsuit

Tennessee Gov. Bill Lee late last week issued the following statement regarding the lawsuit filed in the United States District Court for the Western District of Louisiana by Tennessee and 15 other states to vacate the CMS vaccine mandate:

“We are renewing a challenge to the CMS vaccine mandate in court so Tennessee health care workers have the right to private health care decisions. While this mandate represents the worst of federal overreach, it also threatens our ability to staff facilities and provide care for the elderly, disabled and other high-priority populations.”

Tennessee Forestry Commission testifies before committee

The Tennessee Forestry Commission testified before the Senate Energy, Agriculture and Natural Resources Committee concerning their annual report.

Summarizing the past year, TN Forestry Commission Chair Johnny Heard said the commission identified the need for more engagement with the USDA Farm Service agency, expressed concern about the retention and recruitment of qualified personnel, endorsed the 2020 Forest Action Plan, and encouraged an increase in timber sales from the state forest.

Heard said the commission suppressed 709 wildfires over 6,910 acres; safely conducted 232 prescribed fires across 12,100 acres; and deployed 215 personnel across 13 states to help them deal with wildfires and natural disasters, resulting in $2.6 million in revenue.

The commission evaluated 38 logging operations with water quality complaints and found 22 with issues that affected water quality. It provided technical assistance to bring them into compliance with the Water Quality Control Act.

The commission completed 24 timber sales of a combined 10.7 million board feet, generating nearly $3.5 million in revenue.

In Brief

Internships — The Senate this week unanimously passed Senate Bill 520, which expands internship opportunities for high school students starting in the 2022-2023 school year.

High school students are currently allowed to enroll in college courses at community as well as Tennessee College of Applied Technology colleges, some of which offer or require internships. High school students are typically under the age covered by workers compensation insurance without additional expenses so only large companies have been willing to absorb the risk, according to Sen. Richard Briggs (R-Knoxville), who sponsored the bill.

“What this bill does is it allows the medium and small-sized companies to be able to hire interns without unreasonable workers compensation insurance risks,” said Sen. Briggs.

Redistricting — Gov. Lee on Monday signed into law new Senate, House and congressional redistricting maps. For more information about the maps visit here.

Travel Insurance: Passed by the Commerce and Labor Committee this week, Senate Bill 1868 clarifies existing law that regulates travel insurance, which protects against risk associated with travel. Adopted by 18 other states, the bill also includes provisions offering savings to the consumer, and prohibits the automatic addition of travel insurance to a booking.

Cemetery Trust: Senate Bill 1934 allows cemeteries with small trust funds to share banking and trustee costs with other cemetery trust funds, and also provide cemeteries with a more stable way to determine the amount allowed for dispersing earnings for maintenance expenses.

“Both reforms will help provide financial stability for smaller cemeteries throughout Tennessee,” said Sen. Ed Jackson (R-Jackson). The Commerce and Labor Committee voted in favor of the bill this week.

Law enforcement: Per a bill passed in 2014, peace officers who die in the line of duty or suffer a career-ending injury are presented the Three Stars of Tennessee Award in a ceremony on or around Sept. 11 each year. Senate Bill 1751, which cleared the Judiciary Committee this week, allows a representative of the agency at which the peace officer served to receive the award on his or her behalf if there are no available next of kin.

Receiver of Estate: Senate Bill 1680 authorizes the court to appoint a public receiver to make a recommendation on the need for a temporary or permanent receiver over an estate. A receiver is an appointed custodian of a person or entity’s assets.

In explaining the intent of the bill, Sen. Todd Gardenhire described a situation in which a business owner passes away without a succession plan, and that business falls apart and loses significant value by the time the estate reaches the courts.

“If a judge can appoint a receiver on the front-end of the estate it might salvage that most significant asset that doles off income to beneficiaries,” Gardenhire said. The bill was passed by the Judiciary Committee.

Child abuse: Advanced by the Judiciary Committee this week, Senate Bill 1793 would require a court to revoke bail for a defendant who is convicted of continuous sexual abuse of a child. “Continuous” is defined roughly as three or more acts of abuse within 90 days.

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(NASHVILLE, Tenn.), February 3, 2022 – Tennessee Governor Bill Lee on Monday delivered his fourth State of the State address and presented budget and legislative priorities to a joint session of the General Assembly.

“Tennessee stands as a beacon to the rest of the country for how we can change lives when we control the size of government, prioritize efficiency, and make smart and responsible investments,” Lee said. “I am proud to propose a budget and America at Its Best policies that reinforce freedom, innovation, exceptionalism and optimism.”

The proposed $52.6 billion budget includes strategic investments in education, transportation infrastructure, law enforcement, rural communities, and more.

A detailed breakdown of the budget proposal can be found here. The State of the State address can be found here.

The proposed budget was the focus of a Senate Finance, Ways and Means Committee meeting Tuesday.

“What we’re proposing is a very fiscally conservative budget. It is also one that ensures that we do not get ahead of ourselves as we look forward into the future,” Department of Finance and Administration Commissioner Butch Eley said during the meeting. “This is a balanced budget, it’s a budget with no debt, it’s a budget that prioritizes one-time expenses to mitigate uncertainties. It targets programs that work and are evidence-based, and most of all it invests in Tennessee.”

Eley said Tennessee is among the states with the lowest debt in the country, and noted the Volunteer State is ranked number one in the nation for long-term fiscal responsibility by U.S. News and World Report.

Sen. Kerry Roberts, State Rep. Michael G. Curcio and State Rep. Mary Littleton introduce Joe Clyde Daniels Act at press conference

State Sen. Kerry Roberts, (R-Springfield), State Rep. Michael G. Curcio, (R–Dickson) and State Rep. Mary Littleton, (R-Dickson) this week at a press conference announced SB 2223, which makes it more difficult for a convicted murderer to be granted parole if they do not reveal the location of their victim’s remains.

The Joe Clyde Daniels Act requires the board of parole to consider “the extent to which the offender obstructed or continues to obstruct the ability of law enforcement to recover the remains of the victim” when deciding cases involving an offender convicted of homicide.

“The murder of Joe Clyde Daniels is an unspeakable tragedy that has devastated our entire community and state,” Curcio said. “Victims deserve justice as well as a proper burial and this legislation will help ensure that is possible.”

The bill was prompted by the disappearance of 5-year-old Joe Clyde Daniels from his home in Dickson on April 4, 2018. His father, Joseph Daniels, was convicted of murder in June. However, the child’s remains have never been found.

“It is absolutely heartbreaking that this precious child has not gotten the proper burial he deserves,” Littleton said. “I hope that the Joe Clyde Daniels Act will help other families across our state find the closure they so desperately need.”

A trial for Krystal Daniels, the boy’s mother, has been postponed until March. She is charged with aggravated child abuse and neglect.

If approved and signed into law, the Joe Clyde Daniels Act would take effect July 1.

For more information visit here.

1,241 Senate bills filed at Feb. 3 deadline

Senate members worked hard this week to finalize their legislative proposals before the Feb. 3 bill deadline. In all, 1,241 Senate bills were filed and received by the Senate Clerk’s Office since the conclusion of the legislative session last year. Senate committees continue to meet as bills were being introduced and referred to their respective committees.

Tennessee’s economic output is back to pre-pandemic levels, while the state leads the nation in economic recovery

Tennessee’s economic output is back to pre-pandemic levels in terms of goods and services and is among the top states leading the nation in economic recovery, according to Marianne Wanamaker, executive director of the Howard Baker Center for Public Policy. Wanamaker, who spoke to the Senate Commerce and Labor Committee this week, is also an associate professor of economics at the University of Tennessee and served as chief domestic economist and senior labor economist at the White House Council of Economic Advisors during the Trump administration.

“From an output perspective, the economy is operating as though COVID never happened,” said Wanamaker. “This is true in the State of Tennessee where GDP in the third quarter of 2021 was 3% larger than in the fourth quarter of 2019. The U.S. economy was 1.4% larger in the third quarter of 2021 than at the end of 2019.”

“What I am not sure is appreciated is just how uncommon the U.S. experience is in international perspective,” she continued. “There is no major developed country that has come out of the pandemic with the strength of output we are experiencing in the United States — not Korea, not Japan, not any country in Europe and probably not China, although it is difficult to know for sure.”

She attributes the strength of the recovery in part to efforts made by U.S. states in facilitating the unemployment insurance programs, a critical piece of the Trump administration’s national COVID relief strategy. “Given what we know today, it is hard to conclude anything other than that the U.S. policy apparatus succeeded in stabilizing income, output and employment to an extent not any other country was able to accomplish.”

On labor shortages, however, the pandemic worsened workforce participation, which was already struggling due to aging workers and a slowed rate of population growth. “The labor shortage and lack of population growth are going to be a challenge with 100% certainty,” she said.

Tennessee is 1.4% short of February 2020 and 3% short of where the state would have been had the pandemic never happened, for a shortage of 95,000 jobs. This means the level of output was generated beyond what was produced pre-pandemic with a labor force that is substantially smaller. Wanamaker attributes this to full time workers who spent more hours on the job.

“So, hours worked are up which may explain why working Americans expressed feeling burned out and exhausted,” she said. “American labor supply took a beating during COVID and is still struggling to recover.”

The shift to retirement began immediately upon the outbreak of the pandemic, accounting for about half of the country’s labor force shortage in 2020. Wanamaker feels it is unlikely that the 2.1 million workers who left their jobs will return to the workplace and that the participation rate will return to pre-pandemic levels.

In Tennessee there is one-half of an unemployed person for every job opening in Tennessee, one of the lowest rates in the country. This can be compared to California where there is one unemployed person for every job opening.

“It is not that labor supply is greater in California that it is here,” she said. “It’s that labor demand in the South is really much higher than it is in other parts of the country, in part due to a full COVID recovery here in the South.”

In looking towards Tennessee’s economic future, Wanamaker said prospects for future economic growth are dependent on population growth. Tennessee already has a significant jump on this challenge. The state leads the nation in attracting working-age persons to locate in Tennessee due to many amenities offered here that other states cannot currently pursue.

The General Assembly will continue to focus on providing an environment that will boost Tennessee’s economy in the 2022 legislative session. These efforts are aided by the state’s low tax and light regulatory status. Tennessee consistently ranks in the top three states in the U.S. for best business climate. The Volunteer State has also ranked first for site readiness programs and energy availability and has seen its biggest surge ever in new business launchings. In addition, Tennessee was recently ranked the second fastest growing state in the nation for foreign direct investment.

Tennessee Supreme Court nominee advances

Tennessee Supreme Court nominee Sarah Campbell received a unanimous recommendation from the Senate Judiciary Committee this week. The full Senate will cast a vote next Thursday.

A graduate of Duke Law School, Campbell was a law clerk for Supreme Court Justice Samuel Alito and Judge William Pryor Jr. of the Eleventh Circuit in Birmingham before joining the Tennessee Attorney General’s office in 2015. She currently serves in that office as Associate Solicitor General and Special Assistant to the Attorney General.

“The role of a judge in my view is to decide cases based on neutral objective principles that don’t lend themselves to any one particular outcome or another,” Campbell said during this week’s confirmation hearing. “My personal views on whether a law is good or bad will not matter if I’m confirmed to this position.”

Campbell said as judge she would adhere to the text of the law, but also consider context.

“My job as judge will be to interpret the laws that were enacted by the legislature. That will be where my inquiry begins and ends,” she said. “To determine the meaning of those words I will consider things like the context of the statutes so it’s not so restricted that you only look at the specific word or words that you’re being tasked with interpreting. You also look to the surrounding words in the statute and use that context to help determine what the meaning is.”

Campbell was also asked if she believes the U.S. and Tennessee constitutions are fixed principles or if they should be modified to fit modern issues.

“I believe that both The U.S. Constitution and Tennessee constitution should be interpreted and applied based on the plain meaning of those documents when they were enacted — how the public would have understood those documents at that time,” she said.

Sen. Kelsey, Rep. Gillespie announce bill allowing police to chase criminals

Senator Brian Kelsey (R-Germantown) and Rep. John Gillespie (R-Memphis) this week filed Senate Bill 2451 protecting police officers from liability for injuries to a third party caused during a police pursuit so long as the police officers’ conduct is not grossly negligent.

“This legislation will make our state a safer place to live. It will allow our police officers to do their jobs by protecting them from unjust lawsuits,” said Sen. Kelsey. “The current law discourages police officers from pursuing dangerous criminals. As we continue to experience record-breaking crime rates in Memphis, our officers should be able to protect our citizens as long as they are acting reasonably.”

“This legislation only protects law enforcement officers who follow the proper policies and procedures while pursuing a fleeing suspect,” said Rep. Gillespie. “It is important that officers and their departments still be held accountable for any third-party injuries caused by grossly negligent conduct.”

Corrections Commissioner updates lawmakers about efforts to improve public safety

Tennessee Department of Correction (TDOC) Interim Commissioner Lisa Helton spoke to the Senate State and Local Government Committee this week, providing a wide range of important information regarding their efforts to improve outcomes for prisoners and enhance public safety for Tennesseans. Tennessee has 10 state-operated and four privately-operated prisons which house 19,287 inmates. Another 4,875 state inmates are serving sentences in local jails.

In addition, there are 75,030 supervised offenders who are on probation or parole in the state’s 44 Community Supervision offices in Tennessee.

In 2021, the General Assembly passed major criminal justice reform legislation to reduce Tennessee’s high recidivism rate. TDOC has been working diligently to put those reforms into action. The department is “reentry focused” with a variety of education and workforce development programs to help offenders get on the right path after prison.

After doing an initial diagnostic assessment, TDOC officials develop a case management plan that includes treatment programs, education, vocational training, and employment. The vocational program includes a partnership with the Tennessee Colleges of Applied Technology (TCAT) and other workforce development partners to give inmates the skills they need to become productive citizens upon release to their communities.

Day Reporting Centers — About 283 of offenders on probation are in the state’s Day Reporting Centers (DRC), a supervised program that provides nonviolent offenders with substance use needs an alternative to incarceration. The successful DRC program provides an intensive nine to 12-month outpatient treatment program coupled with supervision. There are currently six centers in Tennessee located in Memphis, Jackson, Nashville, Murfreesboro, Knoxville, and Johnson City. Plans are in the works for additional centers in Columbia and Chattanooga.

The average daily cost of housing a prisoner is $74.51, while the same upkeep in a DRC is $47.74.  The fiscally responsible DRC program is based on best correctional practices and have been proven to enhance public safety. Since summer 2017, 250 participants have graduated across the state with another 283 currently enrolled in the program.

Correction Officers — Commissioner Helton also talked to committee members about efforts to recruit and retain correction officers at state prisons amid significant staffing challenges.  November 2021 hit a high mark of 47.5 percent in the number of officer vacancies in the state’s correction facilities. In December, Governor Lee announced a competitive 37% salary increase for new TDOC officers and a minimum of 15% pay increase for current employees. Since that time, the department fully hired more than 10 officers, with 110 others currently in the hiring process. Commissioner Helton said she is optimistic about the impact of the salary increases on turnover and recruitment.

“We have seen a 12% reduction in the statewide number of vacancies with five facilities exceeding a 16% reduction,” she said.

TDOC continues to work with the Governor’s office and other state agencies on recruitment and retention strategies for correctional officers. The budget proposal presented by Governor Lee on Monday continues the commitment to those salary increases. Committee members will continue to monitor the success of these efforts and work with state correction officials to help ensure Tennessee prisons are well staffed and safe.

Right On Crime — Finally, State and Local Government Committee members heard a presentation from Julie Warren from Right on Crime, a national campaign of the Texas Public Policy Foundation. Warren applauded the passage of Tennessee’s 2021 criminal justice legislation to improve inmate outcomes through evidenced-based sentencing alternative programs. She also talked about the tremendous success of Texas’ criminal justice efforts, which originated with former Governor Rick Perry. The Texas reform efforts have resulted in a significant decrease in inmate recidivism.

“I have looked several times at the Texas plan,” said State and Local Government Committee Chairman Richard Briggs (R-Knoxville). “It has been pretty incredible. Tennessee has as much potential to reduce recidivism, improve public safety, and reduce budgets in the Department of Corrections if we can implement something similar to the Texas plan. It really worked in a conservative state.”

In Brief

Standardized tests — The Senate Education Committee this week voted in favor of a bill that requires public universities to receive standardized test scores from incoming freshmen before they can enroll starting with the 2023-2024 academic year. In Tennessee, standardized testing requirements are currently the purview of the universities.

Sponsored by Sen. Brian Kelsey (R-Germantown), SB 1815 would require incoming freshman to submit a “nationally-recognized college admissions test” score, but would not require universities to use that score as part of its admissions process.

Veterans organizations — The Senate this week passed SB 1660, which extends protections that currently apply to various types of nonprofit organizations to nonprofit veterans organizations, technically classified as a 501(c)(19). Under this bill, the directors, trustees, or members of the governing body of 501(c)(19) nonprofit organizations will become immune from suit arising from the conduct of the affairs of the organization as long as that conduct does not constitute gross negligence.

Divorce — A bill authorizing a court to allow mediation between parties in a divorce proceeding to occur by video conference when appropriate was approved by the Senate on Monday.

Ear wax — Passed by the Senate this week, SB 665 requires certain coursework in order to administer ear-wax removal services to ensure the process is done safely.

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The Tennessee State Senate this week unanimously passed legislation that ends the practice of surprise or unexpected medical billing in Tennessee, also called balanced billing.

Balanced billing occurs when providers bill a patient for the difference between the amount they charge and the amount the patient’s insurance covers. The amount that insurers pay providers is almost always less than the providers’ “retail price.” Some providers will bill the patient for the difference or balance, thus it’s called balanced billing.

Sponsored by Sen. Bo Watson (R-Hixson), Senate Bill 1 ensures patients are not held responsible for balanced bills. Consumers will no longer get balanced bills when they seek emergency care or when they receive non-emergency care in an in-network hospital, but are unknowingly treated by an out-of-network physician or laboratory.

“This is a patient protection piece of legislation,” said Sen. Watson. “The patient should not be held responsible for bills that they’re not aware of.”

Under the bill, patients will pay only the deductibles and co-payment amounts that they would pay under the in-network terms of their insurance plans. The bill also creates an independent dispute resolution process between insurers and providers.

“I know that one of the problems Tennesseans worry about the most, especially from a patient perspective, is the problem of being able to afford an unexpected medical bill,” said Sen. Rusty Crowe (R-Johnson City), who co-sponsored the bill. “Sen. Watson and myself have been working on this legislation for the past six years. I am very proud of this piece of legislation as it fundamentally protects patients from getting a bill for which they didn’t know they’d be responsible.”

The bill mirrors the federal “No Surprises Act,” which took effect earlier this year.

Senate Finance Committee hears report regarding infrastructure needs and requests

The Senate Finance, Ways and Means Committee received a report from the Tennessee Advisory Commission on Intergovernmental Relations (TACIR) on Tuesday regarding the state’s infrastructure needs and requests. The General Assembly passed legislation in 1996 requiring TACIR to compile and maintain an inventory of infrastructure requests and present them to lawmakers each year. The inventory, by law, is designed to support the development by state and local officials of goals, strategies and programs that could improve the quality of life for Tennesseans and enhance economic development statewide.

TACIR staff work with Tennessee’s nine developmental districts to gather information from state and local officials of both public infrastructure needs and other projects that reflect the hopes and desires of communities. This year’s report for 2020-2025 reflects about $61.9 billion in projects that fall into both of these categories. That’s an increase of $3.4 billion from the report delivered by TACIR last year.

“The State of Tennessee gets really high reviews all across the country due to the fact that we are one of the few states that actually takes time to do an inventory like this,” said Senate Finance, Ways and Means Committee Chairman Bo Watson (R-Hixson). “Most states have no idea of what their capital needs may be infrastructure-wise.”

Transportation, utilities, and education account for the 89 percent of the projected $3.4 billion increase in conceptual projects which were in the inventory. Transportation and utilities are always the largest categories of infrastructure inventoried and account for $2 billion in this report. The education inventory increased by $987 million, mainly attributable to post-secondary education needs and reflects the building or renovation requests for K-12 schools. The next largest increase was in the health, safety, and welfare category at $575 million. TACIR officials explained the bulk of these requests were for law enforcement and fire protection. In addition, TACIR has projected an increase of $7 million for recreational projects.

TACIR’s staff is reviewing the currently available federal funding for public infrastructure to see how it might meet some of these needs. They estimate the American Rescue Plan (ARP) will provide Tennessee state government with $3.9 billion and Tennessee local governments with $2.3 billion; while they project the Infrastructure Investment and Jobs Act (IIJA) could provide $8 billion for infrastructure projects. In August 2021, Tennessee’s Financial Stimulus Accountability Group dedicated $1.35 billion of the state’s fiscal ARP recovery funds for water, wastewater and stormwater infrastructure. The IIJA funds are still being reviewed but can be used for roads, bridges, broadband and other specific infrastructure needs.

Committee approves report on refugee issues

The Joint Study Committee on Refugee Issues on Thursday approved a report that includes a series of recommendations related to refugee issues in Tennessee that could become the basis for future legislation.

The committee was formed by Lt. Gov. Randy McNally (R-Oak Ridge) and House Speaker Cameron Sexton (R-Crossville) in May of 2021 to investigate the federal government’s immigration program within Tennessee.

The committee heard testimony regarding immigration in Tennessee during four meetings held between June and November of that year. Those meetings culminated in the report, which includes a summary of committee activity as well as a series of policy recommendations. The report will be published in the coming days.

Gov. Lee issues statement regarding public education funding review

Gov. Bill Lee released the following statement on Jan. 26 regarding the full review of Tennessee public education funding:

“Since last fall, thousands of Tennesseans have engaged with us to share how public school funding can better serve our students, teachers and families. We have completed 16 townhalls and meetings across the state hosted by the Department of Education and Tennessee General Assembly, provided more than 1,000 opportunities for public comment, and this week, the work of 18 subcommittees will come to a close. I commend the work of these dedicated Tennesseans and look forward to reviewing their recommendations. I encourage Tennesseans to join me in reviewing their work as we navigate what the future of K-12 public school funding can look like in Tennessee.”

Details about public education funding can be viewed here.

Testimony in Senate Transportation and Safety Committee Focuses on Airport Funding Needs

The Senate Transportation and Safety Committee heard testimony this week on airport funding needs from a group of officials representing the state’s five commercial services airports. The airports have been working since 2015 to find solutions to these needs as the Transportation Equity Trust Fund has decreased significantly since then.

When comparing collections to the Tennessee Transportation Equity Trust Fund from the state’s Fiscal Year (FY) 2014 to FY 2021, collections are down 59 percent due to legislative changes and market conditions. This fund provides the Tennessee Department of Transportation’s (TDOT) Aeronautics Division grant funds that are used by 78 public-use airports for planning, development, construction, and operations throughout the state.  Metro Nashville Airport Authority CEO Doug Kreulen told legislators that the current dwindling jet fuel tax is a key factor in the decline. In addition, he said the airports are challenged by stagnate federal infrastructure funds and passenger facility charges. He said Tennessee currently ranks fifth among its eight neighbor states in airport aid programs.

The group provided several recommendations to improve airport funding, including replacing the current funding model to make Tennessee more competitive with surrounding states. Kruelen said the new model should provide recurring funds; prioritize funds based on statewide impact and tax generation; support future infrastructure requirements critical to economic, community and tourism development; and ensure existing infrastructure is maintained.

The state’s five commercial airports generate approximately $19.5 billion in economic activity in Tennessee. They provide about 131,843 jobs with a total payroll of approximately $7.3 billion.

Tennessee General Assembly Veterans Caucus

The veterans caucus during a regular meeting Jan. 26 took in a presentation on the upcoming renovation of the Military Branch of the Tennessee State Museum, previewed upcoming legislation relating to veterans, and expressed interest in continued funding for an organization that treats veterans suffering from mental illness.

Home to the Military Branch of the Tennessee State Museum, the War Memorial and Legislative Plaza buildings are set to be renovated within the next four to five years. As part of the renovation, the museum will see new and updated exhibits, oral histories of veterans, and interactive programming, said Ashley Howell, executive director of the Tennessee State Museum.

Later in the meeting, caucus members briefly summarized legislation in the works. Expect to see a bill offering a $5,000 tax credit to veterans for purchasing automobiles every five years, another bill restoring the opportunity for disabled veterans to get two license plates rather than one, a veterans tuition bill, and another one that allows for increased tax relief on home purchases by disabled persons.

Finally, the caucus heard a presentation by Centerstone Military Services, which treats veterans suffering from mental illness at no out-of-pocket cost to them. The organization specializes in providing high-quality military, culturally-competent mental health services for veterans, military families, active duty personnel and veterans from all eras throughout the state of Tennessee, said Chief Executive Officer Blas Villalobos. The organization is based in Nashville, operates a clinic in Clarksville and has an additional 248 community-based providers throughout the state.

Villalobos said 20 veterans die by suicide every day in the United States while in Tennessee, three veterans on average take their own lives every week. He noted 95% of Centerstone clients have reported no longer experiencing suicidal ideations 120 days into treatment.

Centerstone currently receives $700,000 a year from the state and is asking lawmakers to increase that appropriation to $1.5 million annually so it can expand and serve even more veterans.

“I’ve seen this operation and all I can tell you is it’s sorely needed in and around the military community,” said Sen. Bill Powers (R-Clarksville). “I’d urge everyone here to please get on board with this.”

Education Recovery and Innovation Commission make recommendations to modernize education and mitigate impact of pandemic on student learning

The Senate Education Committee heard testimony this week from officials with the Education Recovery and Innovation Commission to modernize education in Tennessee and mitigate the impact of the pandemic on student learning. In 2020, the Tennessee General Assembly formed the Commission through Public Chapter 792 to examine the short- and long-term effects of the COVID-19 pandemic on education in the state.  The group was charged with addressing learning gaps and modernizing the state’s education system from kindergarten through career.

In their second of two reports, the Commission listed a wide variety of recommendations to improve outcomes for students. The Commission has identified nine priority areas where improvements could be made to address learning losses, student well-being, postsecondary and career preparedness, and technology gaps. A menu of options are listed to support each of their recommendations.

The recommendations include policies ensuring students master literacy and numeracy skills; addressing learning remediation and acceleration needs; and strengthening, retaining, expanding, and diversifying the state’s education professionals. They also recommend equipping Tennessee schools and districts to address students’ well-being; optimizing capacity for flexible, high-quality school options; and incentivizing locally-led innovation. In addition, the Commission recommends that schools be redesigned to ensure students have access to flexible pathways to college and careers and that the state’s postsecondary systems be streamlined to facilitate lifelong learning.

Commission member, Dr. Joey Vaughn, expanded on the recommendation to support the well-being of students by calling for more nurses, school counselors and social workers.   “I can tell you that this year’s second graders are the students that are really beginning to show the gaps in their learning because of the pandemic,” he said.  “I can also say when we are looking at students who are having social emotional issues, that is across the gamut.  That is from pre-school all the way to the 19-year-old I talked to two weeks ago.”

The Commission’s report states that impacts of COVID-19 and other disruptions to schooling in the past two years extend far beyond academics, negatively impacting students’ social development, as well as their mental, emotional, and physical health. The report states: “These domains not only affect students’ academic achievement but also underlie the development of skills such as critical thinking and analysis, problem-solving, self-management, and working with people — all of which are skills increasingly prioritized by employers.”

Many of the Commission’s recommendations will be considered through legislation during the 2022 legislative session.

In Brief:

Redistricting — The Senate this week approved the House redistricting map after approving new Senate and Congressional maps last week. Drawn by the House, the new House map has an overall population range of 9.9%, and splits 30 counties: nine in West Tennessee, nine in Middle Tennessee and 12 in East Tennessee. It includes six districts with no incumbents, and maintains the current number of majority-minority districts, which is 13. Six districts in the map remain exactly as they are today.   

Registers of deeds — A bill seeking to transfer approximately $11.3 million in mortgage and transfer tax collections annually from the state to the counties was unanimously recommended for passage by the State and Local Government Committee this week. SB 1663 will next be considered by the Senate Finance, Ways, and Means Committee.

County Register of Deeds currently contain 2.4% of mortgage and transfer tax collected and this bill would increase that number to 5%.

“This bill would provide additional revenue to the counties, further supporting smaller counties who struggle to meet their budgets,” said Sen. Todd Gardenhire (R-Chattanooga), who sponsored the bill. He noted the rate was lowered to 2.4% roughly 16 years ago to address a state budget deficit.

Sen. Ken Yager (R-Kingston) said the bill is “long overdue” and will be a benefit to taxpayers.

“This will be a benefit to your local property tax payers as well,” he said. “In many counties, the county general fund was subsidizing those offices at the expense of the county property tax payers.”

Confirmation hearing — The Judiciary Committee this week held a confirmation hearing for Judge John W. Campbell for the Court of Criminal Appeals. With 40 years of criminal practice in Shelby County, Judge Campbell is currently serving as a criminal court judge to Criminal Court Division VI.

Asked which U.S, Supreme Court judges in recent history he admires most, Judge Campbell answered Justice Clarence Thomas and Justice Samuel Alito. He was also asked about his constitutional theory.

“I strongly believe in following what’s on the paper,” he said, referring to the U.S. and Tennessee constitutions. “I don’t feel like I should be going in there and substituting my interpretation. … I feel very strongly that we should follow the law as its written.”

The committee voted in favor of sending a confirmation resolution for Judge Campbell to the Senate.

Election rules — The Senate this week approved SB 515, which expands the period of time political or campaign signs can be posted to “60 days before voting begins.”

On the same topic, the State and Local Government Committee has agreed to remove a provision in a bill related to election laws because that provisions will run separately in a parallel bill. The committee amended SB 1664 so that it now simply prohibits a political party from requiring a person to pay a fee in order to run as that political party’s candidate for public office.

Previously, the bill also sought to require nonpartisan elections for chancellors, circuit court judges, criminal court judges, and judges of any other state trial court of record. That provision will run in a separate, stand-alone bill.

Veterans Organizations — Currently, the directors, trustees, or members of the governing body of various types of nonprofit organizations are immune from certain types of lawsuits in Tennessee. SB 1660, which was approved by the Senate Commerce and Labor Committee this week, extends that immunity to 510(c)(19) nonprofits, which are veterans organizations.

Firefighters — The Senate Commerce and Labor Committee this week also advanced legislation that amends the “Barry Brady Act,” which provides compensation to firefighters for certain types of cancers. SB 1569 adds testicular cancer and leukemia to the list of cancers covered under the law.

New jobs in Maury County — The composite decking, railing and cladding company Fiberon this week announced it will establish new manufacturing and distribution operations in Columbia, Tennessee, creating 310 new jobs over the next five years.

Founded in North Carolina in 1997, Fiberon is a leading U.S. manufacturer of wood-alternative decking, railing and cladding, and prides itself on serving customers with high-quality, eco-friendly products. Today, the company employs more than 600 people across the U.S. through its bicoastal manufacturing and distribution operations in New London, North Carolina and Meridian, Idaho.

In the last five years, the Tennessee Department of Economic & Community Development has supported nearly 20 economic development projects in Maury County resulting in roughly 3,700 job commitments and $4.3 billion in capital investment.

“We congratulate Fiberon on their decision to locate this new facility in Maury County and create 310 new jobs,” said Sen. Joey Hensley (R-Hohenwald). “Helping to foster job creation is a key part of our efforts, and we are proud to partner with Governor Lee, TNECD and our local officials to help further that mission.”

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