(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.