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

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

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

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

Protecting citizens from stalking 

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

Supporting firefighters suffering from PTSD

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Restitution for children of victims of DUI –  In the event a parent of a minor child is killed by an intoxicated driver, current law requires the convicted offender to pay restitution to each of the victim’s children until each child reaches 18 years of age and has graduated from high school or the class of which the child is a member has graduated. Senate Bill 442, sponsored by Senator Adam Lowe (R-Calhoun), is known as “Dillard’s Law” and amends current law by allowing a family to convert the criminal restitution, which would be paid at the end of the defendant’s sentence, to a civil judgment, allowing the children to be compensated sooner rather than later.

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

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

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

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

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

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

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

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