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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Protecting children from harmful medical procedures to change gender identity – On Monday, Senate Republicans passed legislation to prohibit minors from undergoing irreversible and harmful medical procedures to change their gender identity. Senate Bill 1, sponsored by Senate Majority Leader Jack Johnson (R-Franklin) puts age-restrictions on medical interference that alters a child’s hormonal balance and procedures that remove body parts to enable the minor to identify as a gender different from their biological sex. The bill ensures that only adults who are 18 years of age and older can elect to undergo these permanent procedures with lifelong health implications that often deprive the recipients of the ability to have children. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Lee proposes unprecedented $3.3 billion investment in transportation and infrastructure

(NASHVILLE) February 10, 2023 — This week was highlighted by Governor Bill Lee delivering his fifth State of the State Address on Monday evening in a joint session of the General Assembly. In the speech titled ‘Tennessee: Leading the Nation,’ the Governor presented his $55.6 billion budget proposal and legislative priorities for 2023. Tennessee’s strong fiscal stewardship places the state in one of the strongest budgetary positions in history and allows for investments to ensure continued success. Gov. Lee’s future-looking proposal includes funding to modernize transportation, ensure economic and educational opportunity, preserve the state’s natural resources, protect children, strengthen families and more.

“Tennessee is leading the nation as a guiding light for opportunity, security and freedom,” said Lee. “I’m proud to propose a budget and strategic policies that ensure our state continues to be a shining example for educational opportunity, strong families, innovation and economic prosperity.”

Lee highlighted Tennessee’s success in attracting businesses, rural economic development and education.

“Folks, the American people know a leading state when they see one,” Lee said in Monday night’s address. “That’s why people, families and companies are moving here in record numbers. Our investments in public education, workforce development, safe schools – and our commitment to freedom and families – have all earned national recognition.”

“Our commitment to a high quality of life does not stop at the borders of big cities,” Lee continued. “In fact, it begins in the most rural areas of our state. Thanks to that commitment, the number of distressed counties in Tennessee has dropped from 15 to 10, and we are not done.”

Transportation and infrastructure emerged as the top budget item of the night. Gov. Lee proposed a $3 billion transportation modernization fund to alleviate urban congestion and fund rural road projects across the state.

Another big priority Lee highlighted during the speech is protecting Tennessee children by investing $190 million in the Department of Children’s Services (DCS) and improving adoption and foster care services. In addition, Lee is proposing $100 million for Crisis Pregnancy Provider Support Grants statewide, improving access to healthcare and providing information for expecting mothers. Pro-life lawmakers in the General Assembly have identified similar priorities and introduced a slate of legislation to solidify Tennessee’s commitment to protecting children not only before birth but throughout their childhood as well.

Lt. Gov. Randy McNally praised Gov. Lee’s plans: “Gov. Lee gave an outstanding State of the State address. His vision for the future is conservative, forward-thinking and fiscally responsible. He is focused on continuing to do the things Tennessee does well while making strategic investments that will pay off big in the future, like education and infrastructure. These substantial investments will keep Tennessee safe, strong and prosperous, not just today, but for years to come.”

Other notable highlights from Gov. Lee’s Fiscal Year 23-24 agenda include:

• $150 million in annual tax relief for small businesses
• $288 million for a one-time three-month sales tax holiday on food
• $250 million into Tennessee’s record-high Rainy-Day Fund
• Ensuring more than $2.8 billion of recurring revenue is allocated to one-time expenditures, allowing the return of these resources for review and budgeting next fiscal year
• $1 billion for improving, expanding and building new Tennessee Colleges of Applied Technology (TCAT)
• $350 million in additional funding to local education agencies through Tennessee Investment in Student Achievement (TISA), including $125 million for teacher pay raises
• $351 million to improve and create new state parks, trails and greenways
• $80 million for environmental cleanup across the state
• $33 million to add 100 highway patrol troopers, support staff and 25 Tennessee Bureau of Investigation Forensic Services staff
• $30 million addition to the TN Law Enforcement Hiring, Training and Recruitment Program (Year 2)
• $50 million expansion of the Violent Crime Intervention Fund

Tennessee’s conservative fiscal management results in $300M of additional federal funds to extend TennCare

A major announcement made by Gov. Lee during the State of the State was that Tennessee has claimed initial returns from the first-of-its-kind TennCare Medicaid waiver agreement of more than $300 million. These savings are the result of Tennessee’s conservative fiscal management and will be reinvested into TennCare to extend coverage to more citizens in need with no additional cost to taxpayers. Lee is proposing to strengthen postpartum and infant care with the recognized savings.

The historic Medicaid waiver agreement granted Tennessee more flexibility managing TennCare. The resulting new program, known as TennCare III, is the only federally-approved waiver of its kind.

“This is a good example of how government can and should work for all Tennesseans,” said Senate Commerce and Labor Committee Chairman Paul Bailey (R-Sparta). “The savings from this waiver prove that our excellent conservative fiscal management in Tennessee yields big returns for taxpayers and enables us to provide better care to more citizens in need. I am excited for the future of this program and grateful to Governor Lee for his support and the amazing folks at TennCare who worked hard to secure this waiver and improve efficiencies.”

In 2019 the General Assembly passed legislation, sponsored by Bailey, directing TennCare to negotiate with the Centers for Medicare and Medicaid Services (CMS) to reach an agreement that would provide the state with more flexibility managing TennCare administration.  In 2021, following over one year of discussions and negotiations, CMS approved Tennessee’s Medicaid Block Grant waiver amendment.

Tennessee has now been operating under TennCare III for two years. Since that time, the state has made notable and unprecedented investments into TennCare, including:

• Providing a comprehensive dental benefit for adults for the first time in Tennessee history;
• Serving thousands of additional people with intellectual and developmental disabilities;
• Providing 12 months of postpartum coverage to mothers through a pilot program;
• Workforce investments in behavioral health, home and community-based care, and dental services; and
• Additional investments in public hospitals.

“Our waiver actually rewards a state for efficient, responsible management of taxpayer resources by awarding additional federal funds – known as shared savings – to serve the most vulnerable,” said Governor Lee during Monday night’s address.

Lee is proposing to use the shared savings to enhance benefits and serve 25,000 additional Tennesseans with a focus on babies, children, pregnant women and parents. These efforts include:

• Making our post-partum coverage extension for women on TennCare permanent;
• Expanding eligibility for pregnant women and providing lactation services and supports to new mothers
• Expanding eligibility for parents and caretakers of children; and
• Providing one year of continuous enrollment for children.

In the coming weeks and months, the General Assembly will review Governor Lee’s budget proposal and make its own budget recommendations, which will include ways to reinvest the shared savings from the Medicaid waiver.

In Brief…

Protecting Children – Senate Republicans passed legislation on Thursday to protect children from being exposed to sexually explicit performances. Senate Bill 3, sponsored by Senate Majority Leader Jack Johnson (R-Franklin), restricts adult cabaret performances that appeal to a prurient interest from being performed on public or private property if kids could be around to see it. Another bill to protect children, Senate Bill 1 also by Johnson, passed the Judiciary Committee this week. It seeks to prohibit minors from undergoing irreversible and harmful hormonal treatment or surgical procedures to change their gender identity. It will now advance to the Senate floor for a final vote.

Establishing learning camps — The Senate Education Committee this week passed legislation that would indefinitely extend summer and after-school learning camps implemented on a temporary basis during the COVID-19 pandemic. In the summers following the 2020-2021 and 2021-2022 school years, all school districts in the state were required to offer in-person learning loss remediation and student acceleration programs, including summer camps, summer learning camps, after-school learning mini camps and learning loss bridge camps. These programs have been a success: in the summer of 2021 over 121,000 students participated with an attendance rate of 96%. In the summer of 2022, over 90,000 students participated in the summer camps. Furthermore, students statewide improved in English language arts and math after attending the summer camps. Senate Bill 249, which is sponsored by Senate Majority Leader Jack Johnson (R-Franklin) and received unanimous support by the Education Committee this week, would continue the successful track record of these camps by making them permanent.

Enhancing support for deaf children — Senate Bill 4, which would create a deaf mentor and parent advisor program, received unanimous support from the Senate Education Committee this week. Implemented in 2019 on a pilot basis, the program assists families in implementing bilingual and bicultural home-based programming for young children who are deaf, hard of hearing or deaf-blind. The program would be available at the West Tennessee School for the Deaf in Jackson; the Tennessee School for the Deaf, Knoxville campus; and the Tennessee School for the Deaf, Nashville campus. The program focuses on preventing language deprivation or gaps through insufficient language access, providing a positive impact on a child’s social and emotional development and ensuring deaf children have equal access to learning opportunities, among other objectives. The program also provides hearing parents of deaf children the option of using a deaf mentor to expose the child to American sign language and deaf culture. The bill is sponsored by Sen. Becky Massey (R-Knoxville).

Expanding the state’s education savings account program — Legislation expanding Tennessee’s education savings account pilot program to Hamilton County advanced out of the Senate Education Committee this week. The pilot was established in 2019 to serve low-income students zoned to public schools in Metro Nashville, Shelby County and the state’s Achievement School District (ASD). Sponsored by Sen. Todd Gardenhire (R-Chattanooga), Senate Bill 12 adds only Hamilton County to the list of counties participating in the pilot. The program is aimed at improving education opportunities for students by providing parental choice in districts that have the state’s highest concentration of poverty and priority schools, which are most in need of support and improvement. The Tennessee ESA program allows qualifying students to receive a scholarship of about $8,000 for various educational expenses, including tuition and textbooks.

Lowering state expenditures — In 2016, the state abolished Common Core standards and put into place a new, more transparent review system for educational materials. At the time, the textbook review period was set to six years. Senate Bill 421, which passed the Senate Educational Committee this week, extends the review period to eight years. Doing so reduces local expenditures by more than $16 million and lowers state expenditures by $101,000. Sponsored By Sen. Jon Lundberg (R-Bristol), the bill also creates more time for both the Textbook Instructional Materials Quality Commission and teachers to teach to the standards set by the legislature.

Retaining school teachers — Sponsored by Sen. Mark Pody (R-Lebanon), Senate Bill 578 allows teachers who are delinquent or in default on student loans to retain their teaching license and continue to teach. The bill passed the Senate Education Committee this week.

Enabling pay increases for Department of Children’s Services teachers — Sponsored by Senators Jack Johnson (R-Franklin) and  Dawn White (R-Murfreesboro), Senate Bill 244 makes DCS-employed teachers who work at youth developmental centers eligible for pay performance increases and longevity pay if they qualify.  It also ensures that special school districts educating juveniles in youth development centers are eligible for the same federal funding as other school districts in the state. The Wilder Youth Development Center in Fayette County is currently the only youth development center in the state. The bill was unanimously passed by the Senate Education Committee this week.

Bureau of Ethics and Campaign Finance – Legislation regarding the Bureau of Ethics and Campaign Finance passed the State and Local Government Committee on Tuesday. Senate Bill 158, sponsored by Sen. Richard Briggs (R-Knoxville), simplifies and streamlines certain procedures for the Tennessee Ethics committee, including disclosures, the Commission’s annual reports, and informal advisory opinions. The bill also requires certain additional information to be reported to the commission by local governing bodies. Similarly, Senate bill 159 also by Briggs, simplifies procedures for the Bureau of Ethics and Campaign Finance, increases its ability to effectuate responsibilities and decreases annual costs to save taxpayer dollars. The bill allows the executive director to hire or replace Bureau staff without board approval, establishes procedures to address and write off civil penalties that cannot be collected due to death or other issues and allows the registry and ethics committee to use email for notice to filers.

Reviewing Tennessee’s transportation needs — The Tennessee Department of Transportation (TDOT) presented to the Senate Transportation and Safety Committee this week on the state’s transportation needs. The 2017 Improve Act included 962 transportation projects — a number that has since risen to 1,037 —, of which about 30% have been completed. After taking inflation into account, the cost of delivering all remaining projects totals $16 billion: about $5.2 billion would be used to address traffic congestion with the other $10.8 billion going to other projects. But the number of transportation projects and funding now needed in Tennessee is much higher considering the rapid growth in the state in recent years.

TDOT officials say $26 billion is needed to address traffic congestion in Tennessee. TDOT currently spends $1.2 billion annually on its program of work, with over half of that total needed for maintenance of existing infrastructure and safety upgrades. That leaves about $500 million for new projects annually throughout the state. Officials also noted state funding for transportation is not keeping up with inflation and the federal Infrastructure and Jobs Act does not represent a “significant increase” in funding.

To address the state’s transportation funding needs, TDOT is asking to raise electric vehicle registration fees so those drivers would pay as much as other motorists pay in fuel taxes. The department is also asking the General Assembly to allow the state to enter into public private partnerships to build additional choice lanes to address traffic congestion in urban areas. Those projects would free up dollars from the existing revenue stream that could then be spent on expanding Tennessee’s interstates, officials said. More detailed information on those requests will be discussed in the coming weeks.

New rules for license plates — The Senate Transportation and Safety Committee this week advanced several bills pertaining to license plates. Sponsored by Senate Speaker Pro Tempore Ferrell Haile (R-Gallatin), Senate Bill 366 allows emergency communication dispatchers to be eligible for emergency personnel license plates so they can access call centers in a timely fashion during emergencies. Senate Bill 402, which is sponsored by Sen. Becky Massey (R-Knoxville), grants licensed physical therapists the same authority that a physician has to allow disabled persons to obtain disabled license plates and placards. Finally, Senate Bill 257 sponsored by Senate Leader Jack Johnson (R-Franklin) eliminates the license plate fee for parents or guardians of people who are permanently confined to a wheelchair and who do not own or operate a vehicle. The bill also discontinues honorary consular cultural license plates as they can mislead law enforcement into thinking the driver has diplomatic immunity.

The committee this week also advanced Senate Bill 259, which enhances roadway safety by ensuring motorists who have had their driver licenses revoked in another state cannot drive in Tennessee and vice versa. That bill is sponsored by Johnson and Sen. Brent Taylor (R-Memphis).

Silver Alert Awareness Month – Since the Silver Alert program was signed into law in 2021 to ensure the safe return home of those with dementia or an intellectual, developmental or physical disability, the General Assembly has designated May as Silver Alert Awareness month each year. This week, the State and Local Government Committee approved Senate Bill 23, sponsored by Sen. Becky Massey (R-Knoxville), to permanently designate May as Silver Alert Awareness Month. This move will help spread the word about the program to the public and aid the Tennessee Bureau of Investigation in safely returning these individuals to their families. The program has had tremendous success and has safely returned 153 Tennesseans since June of 2021.

Uniform Font for Registers of Deeds– To make it easier for elderly and visually impaired citizens to read documents submitted to the Registers of Deeds, the State and Local Government Committee passed Senate Bill 124, sponsored by Sen. Page Walley (R-Savannah), to require documents be submitted in a minimum 12-point font.

Equal public records access – Legislation was approved in the State and Local Government Committee to make certain that all citizens have equal access to public records in the state. Senate Bill 86, by Walley, ensures that regardless of occupation, no person gets expeditious treatment over another when requesting public records.

Child Care Task Force Report – The Health and Welfare Committee this week heard an update from the Child Care Task Force, which was created by the General Assembly in 2021. The Task Force reported that lack of access to adequate and affordable child care has had a $2.6 billion adverse impact on the state’s economy. Many parents have left the workforce, been fired or had to turn down job offers because they lacked access to affordable quality child care. The task force noted that the state and local governments should continue to remove red tape on child care facilities and strengthen the child care workforce in order to improve options for parents.  They also recommended that Tennessee conduct a child care cost estimation study to better assess real child care costs, and create a shared resources hub to help consumers access all available information on quality childcare.

The Task Force highlighted public private partnerships as a way to increase access to childcare and pointed to Tyson Industry’s partnership with DHS to provide child care for their employees at no charge. Tyson recognized that accessible and reliable child care would result in a stronger workforce for its company. DHS is also engaged in discussions with Ford on the same issues. The department hopes that other companies will follow Tyson’s lead.

Annual Forestry Commission Report – The Energy, Agriculture and Natural Resources Committee heard an annual report from the Tennessee Forestry Commission this week. Tom Midyett, Chairman of the Tennessee Forestry Commission, warned the committee that the forestry workforce is aging and that in addition to the commission’s recruiting efforts, forestry-related courses should be added to high-school agriculture curriculum. Midyett also highlighted Tennessee’s exceptional wildfire suppression. The Tennessee Division of Forestry helps fight wildfires in conjunction with local fire stations and officials, and has the most advanced heavy equipment in the country.

(NASHVILLE) February 3, 2023 – This week, Senate committees voted on legislation and continued to hear reports from various agencies and organizations. Legislation passed committees to protect children from irreversible medical procedures to change their gender identity and inappropriate sexual performances. To help provide better care to children in state custody, Senators announced over fifteen bills aimed at improvements to DCS and adoption and foster care services. The Tennessee Investment in Student Achievement (TISA), a major education funding reform passed in 2022, is one step closer to being implemented in the 2023/2024 school year after the Joint Government Operations Committee gave a positive recommendation to the new TISA rules. In the Senate Health Committee, TennCare provided a report on their plan to phase out expiring federal funding from the pandemic and resume its income verification process. More information can be found on these issues and other Senate news in this week’s wrap-up.

Next week, Governor Lee will make his 2023 State of the State address on Monday, February 6 in a joint session of the General Assembly, where he will unveil his 2023 budget proposal.

Health Committee advanced legislation prohibiting irreversible medical procedures to change gender identity of child

Legislation that would prohibit minors from undergoing irreversible and harmful medical procedures to change their gender identity is one step closer to becoming law. Senate Bill 1, sponsored by Senate Majority Leader Jack Johnson (R-Franklin), was approved in the Health Committee this week. The bill seeks to ban 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.

“This legislation is about protecting children from harmful, life-altering and experimental medical procedures with unknown long-term effects,” said Johnson. “But we know that children who have these procedures are forfeiting healthy reproductive systems and subjecting themselves to lifelong hormone treatment. The weight of these decisions is too heavy for children. As a society, we understand that minors need limitations, so we place many age-restrictions on activities for children that can have lifelong consequences such as smoking, drinking alcohol, buying lottery tickets and even getting tattoos.  It is reasonable to also put age-restrictions on these transformational elective medical procedures.”

If passed, a healthcare provider who violates the law can be sued in civil court by the minor injured, the parent of the minor injured or the Attorney General within 30 years of the violation.  Providers found to be in violation could face up to a $25,000 penalty per violation and have their medical license restricted.

The legislation ensures that doctors can still prescribe hormone treatment to minors for medically necessary purposes and makes exceptions for children born with chromosomal anomalies or congenital defects.

The legislation advances to the Senate Judiciary Committee.

Legislation protecting children from exposure to sexually explicit adult entertainment passes Judiciary

Another bill that seeks to protect children from inappropriate activities was approved in the Senate Judiciary Committee this week. Senate Bill 3, sponsored by Johnson, aims to protect children from being exposed to sexually explicit performances. It would restrict adult cabaret performances that appeal to a prurient interest from being performed on public or private property if kids could be around to see it.

Under the bill, private establishments, such as bars or restaurants, that host sexually explicit shows must require patrons to show ID upon entry to ensure they are age 18 or older. Johnson says this is a common-sense protection that provides clarity regarding what performances are not appropriate for children.

“This legislation is about protecting children,” said Johnson. “There are certain performances, movies, and places that are inappropriate for children. Just as current law prohibits strip clubs from admitting children, this legislation would also prohibit sexually explicit adult entertainment from being performed on public property or any non-age-restricted private property where a minor could be present. This is a common-sense measure with broad support from Tennesseans.”

“It also gives confidence to parents that they can take their kids to a public or private show and will not be blindsided by a sexualized performance,” Johnson added.

A violation of this bill would result in a Class A misdemeanor, and a second or subsequent offense would result in a Class E felony.

The legislation now advances to the Senate floor to be considered by the full Senate.

Lawmakers propose bills to make adoption easier

On Monday, Senate Speaker Pro Tempore Ferrell Haile (R-Gallatin) led the Adoption and Foster Care Caucus meeting where lawmakers announced over 15 bills aimed at improving the adoption and foster care process in the state such as removing red tape in the adoption process, increasing the number of children that someone can watch in their home and reducing the caseload of Department of Children’s Services (DCS) caseworkers.

“As a pro-life lawmaker, it is imperative we protect life not only of the unborn but also beyond the point of birth. This means we have to strengthen the social welfare system that takes care of children in Tennessee,” said Haile. “We need to make adoption and foster care cheaper, easier and quicker so that we can increase the number of adoptive and foster care families in Tennessee. I am very proud of the work we have done over the last six months to craft legislation that will make a positive impact in the lives of Tennessee children.”

Among the legislation is a comprehensive bill that aims to make improvements to the adoption and foster care process by eliminating red tape. Senate Bill 528, sponsored by Haile, would allow more time for adoptive parents to pay for birth related expenses, allow foster parents to be involved in court proceedings, prohibit the overturning of adoptions after six months and increase options for pre-birth and post-birth surrenders.

TISA Rules pass Joint Gov Ops Committee

The Tennessee Investment in Student Achievement (TISA) cleared an important hurdle Monday morning that ensures its implementation for school districts across the state next school year. The Joint Government Operations Committee gave a positive recommendation to new rules that will govern TISA when it replaces the Basic Education Program (BEP) in the 2023/2024 school year. TISA invests a billion dollars into K-12 education and will fundamentally change the way public schools are funded to be based on individual student needs.

TISA specifically requires rulemaking in certain areas to further flesh out the law, define terms, and establish processes and procedures for funding. The TISA rules approved Monday by the Joint Government Operations Committee include a number of changes resulting from an extensive public engagement process last year.  Some of the new rules approved include:

• New language emphasizing special education students be taught in the least restrictive environment.
• Clarification that high schools can utilize the early warning system already in place statewide to identify students with Dyslexia.
• Utilizing English proficiency scores to determine eligibility for English learner bonuses.
• Funding Career Technical Education (CTE) programs by a ranking system of in-demand and high-wage earning career data.
• Bonuses for English learners and students with disabilities to be consistent across all grade levels.

In Brief

TennCare to restart annual income reviews post-pandemic – In the Senate Commerce and Insurance Committee on Tuesday, TennCare reported that it will resume its income verification process on April 1 after being suspended for three years due to the COVID-19 pandemic. TennCare says it is updating its renewal process to make it as easy as possible for enrollees to renew their plans. During the pandemic, the state received funds from the enhanced Federal Matching Assistance Program (eFMAP). which suspended enrollment verification and prevented TennCare from removing enrollees who otherwise would have been ineligible. As a result, TennCare has record high enrollment. These federal funds will be phased out over 4 quarters in 2023 which will allow TennCare to remove ineligible enrollees. Once the renewal process is completed, it is estimated that TennCare enrollment will be back to pre-pandemic levels.

2023 state budget outlook — The Senate Finance, Ways and Means Committee this week hosted the Sycamore Institute, a nonpartisan research center for Tennessee, for a presentation on the 2023 state budget projections. The presentation reviewed the historically high end-of-year budget surpluses the state has seen since 2021. The state funding board estimates that overcollections in 2023 will be around $2.6 billion more than the budgeted estimate of $19.6 billion. In 2024, surplus revenue is expected to reach $2.9 billion.

Another part of the presentation touched on Tennessee’s rainy-day fund, which is at historic highs. Just before the Great Recession, the fund had amassed about $1.1 billion before it was spent down to $422 million. Since then, the legislature has consistently replenished the fund, which is set to reach $3.1 billion in 2023. That includes both the reserve for revenue fluctuations and TennCare. The rainy-day fund alone could cover General Fund operations for a total of 62 days based on 2021 fund levels.

Exploring alternative transportation funding sources — As the legislature is expected to address ways to improve funding to the state’s highway fund, a couple of presentations on alternative transportation funding options were delivered at the Senate Transportation and Safety Committee this week. The presentations centered on mileage-based user fees (MBUFs) as a potential replacement of the state’s fixed-rate gas tax, which has been the primary funding source for transportation in Tennessee for over 100 years. Baruch Feigenbaum, senior managing director of the Reason Foundation, pointed out flaws with the state’s gas tax due to the increasing prevalence of electric and hybrid vehicles and improving fuel efficiency of conventional vehicles. He also noted the fuel tax has lost 50% of its purchasing power over the last 30 years.

Known also as a road usage charge or vehicle miles traveled fee, MBUFs charge motorists a fee based on the number of miles driven as opposed to the amount of gas consumed. The fee is typically between 1.5 cents to 2 cents per mile. More than 20 states have or will soon implement an MBUF pilot program, including Tennessee’s neighboring states of North Carolina and Georgia, and three states have permanent MBUF programs, one of which is Virginia.

MBUFs are only one option to address highway funding. Governor Lee has proposed new ways to increase funding to the state’s highway fund without changing the gas tax. The Transportation Committee will consider these proposals in the coming weeks.

State Apiarist shares ways to help increase bee population in Tennessee  – The Energy, Agriculture and Natural Resources Committee heard from Tennessee State Apiarist, Mike Studer, who emphasized the decline in the bee population and said that education was needed to increase the number of bee colonies in Tennessee. If the bee population continues to suffer, food and crop production in Tennessee might be harmed because of the lack of bees to pollinate plants. Studer said to increase the bee population, beekeepers need more education on how to safely remove varroa mites, which transmit diseases among bees, and how to safely use pesticides. These mites and misuse of pesticides are leading contributors in the death of bees.

Joint Ad Hoc Committee on Juvenile Justice announces its recommendations

(NASHVILLE) January 26, 2023 – The General Assembly wrapped up its organizational session on Saturday, Jan. 20, following the inauguration of Governor Bill Lee to his second term in office. This week the Senate began its regular orders of business. Committees held their first meetings of the 113th General Assembly to hear from state departments with reports and budget requests.

On Wednesday, the General Assembly’s Joint Ad Hoc Committee on Juvenile Justice met to announce its legislative recommendations to improve the Wilder Youth Development Center in Somerville as well as the broader juvenile justice system in Tennessee. In June 2022, Lt. Governor Randy McNally and House Speaker Cameron Sexton tasked the committee with examining all aspects of juvenile detention and probation in the state of Tennessee.

“These are issues we really dug into. We looked, we listened, and we traveled to come up with our best recommendations,” said Senate Co-Chair, Page Walley (R-Savannah). “We know there is no final solution that will solve all the challenges at DCS, but our proposals are a significant step in the right direction. I appreciate Lt. Governor McNally and Speaker Sexton for appointing this committee and look forward to working with my colleagues in the General Assembly, Governor Lee and DCS as they consider these recommendations. I am confident we will make remarkable investments and improvements in DCS and the lives of children.”

The recommendations will be implemented through both the budgetary and legislative processes during the 2023 session of the General Assembly.

Throughout 2022, the committee met seven times and conducted an exhaustive study on juvenile justice issues. The committee’s recommendations are based on months of fact finding with hearings from various state agencies, non-profits, local law enforcement, district attorneys, juvenile judges and health care professionals.

Recommendations  

• Share juvenile records among judges – One recommendation is to allow confidential juvenile records to be shared among juvenile court judges across the state, to provide a full picture of a juvenile’s record. Currently, juvenile records such as programs and services received, adjudications, and what has been successful and unsuccessful do not follow juveniles to different jurisdictions across the state. In addition, each court has its own system which makes it very difficult to combine data. This legislation is a first step towards addressing a large data sharing issue.
• Expand bed capacity – The state needs approximately 180 – 190 additional male beds and 25 additional female beds at DCS facilities. The consulting group Ernst and Young (EY) has conducted an audit of DCS facilities and will soon release their report with recommendations on the best way to increase the number of beds.
• Disincentivize escapes at youth development centers – One of the recommendations is to increase penalties for juveniles in youth development centers who try to escape. The proposed legislation would allow juvenile escapees to be charged as an adult and moved to a Tennessee Department of Corrections facility. Under the bill, the juvenile would only be charged as an adult for the crime of escaping.
• Expand incorrigible designation – Legislation is being proposed to lower the age eligible for an incorrigible designation from 18 to 17 years old. This would allow superintendents at Wilder and other youth development centers to transfer extremely uncooperative and violent 17-year-olds to Department of Corrections facilities.
• Separate violent juveniles based on age – Another measure requires children in DCS custody who are 16 years of age or older and retained in a Level III or Level IV juvenile detention facility to be separated from children under 16 years of age.
• Improve employee training and compensation – Part of the committee’s recommendations include legislation to expand employee training for youth services officers on best practices for behavior management and conflict resolution when supervising juveniles with severe behavioral issues. Additionally, to help attract and retain personnel the committee is working with DCS to support salary improvements for DCS officers in the 2023/2024 state budget.
• Create a Juvenile Justice Review Commission – To continually improve practices, the committee is proposing legislation to create a Juvenile Justice Review Commission under DCS and the Tennessee Commission on Children and Youth (TCCY). The commission would regularly review juvenile justice cases and provide an annual report with recommendations to the General Assembly. It would be modeled after the Second Look Commission which reviews severe child abuse cases.
• Expand DCS prevention grants – With the number of juveniles in DCS custody steadily increasing, it is becoming more important than ever to focus resources on preventing children from entering state custody. The committee is proposing legislation to improve prevention services by expanding DCS prevention grants that provide after school care, curfew checks, school attendance checks and mental health care. Tennessee currently has two prevention programs with over a 90% success rate. The programs serve 55 youth per year in East and West Tennessee.
• Establish a juvenile step-down pilot program – In order to incentivize good behavior among juveniles, legislation is being proposed to establish a pilot program with DCS on compliance programming. It would provide ways for juveniles to step down from secure facilities into a homelike setting with more freedom.
• Require 24/7 mental health services – The committee is recommending legislation to provide a stronger clinical presence at youth development centers by requiring 24/7 clinical mental health treatment services.
• Make available chaplain services – Part of the legislative package also includes legislation to offer chaplain services at all DCS youth development facilities.

The proposed legislation will be sponsored by members of the committee: Sen. Page Walley (R-Savannah), Sen. Ed Jackson (R-Jackson), Sen. Raumesh Akbari (D-Memphis), Rep. Mary Littleton (R-Dickson), Rep. Lowell Russell (R-Vonore), Rep. Ron Gant (R-Piperton), Rep. Andrew Farmer (R-Sevierville) and Rep. Johnny Shaw (D-Bolivar).

Tennessee airport officials request $125 million in state funding

During a Senate Transportation and Safety Committee meeting this week, Tennessee Association of Air Carrier Airport officials requested $125 million in annual state funding for the state’s five commercial and 73 general aviation airports. The 2022 allocation for Tennessee airports was $72.8 million.

Airport officials say the funding increase is needed to pay for the infrastructure needs of Tennessee’s airports and keep them competitive with those in neighboring states. Tennessee airports have seen a decline in funding from fuel taxes since the state capped annual fuel tax payments in 2015.

The funding request increase comes as Tennessee’s five commercial airports realize expansion plans. At the Nashville International Airport, the new Satellite Concourse with eight domestic gates and seven concessions locations will open in October of 2023. That project is expected to bring between 2.5 million and 3.5 million additional passengers a year through the airport.

With additional funding, BNA also plans to add 15 new domestic gates in FY 2024-2025. A future runway extension is also being planned to enable nonstop service to Asia.

The Memphis International Airport is planning to modernize and make seismic upgrades to its terminals. The airport is also planning to rehab and later expand its runways to bring additional long-haul flights from Europe and Asia.

The Metropolitan Knoxville Airport is planning a concourse gate expansion that would bring six additional airline gates, expand the airline ramp to accommodate the demand for larger aircraft and more flights, allow new airlines to add flights with larger aircrafts to more cities, and provide additional terminal hold room capacity needed to meet demand for larger aircraft with more seats.

The Chattanooga Metropolitan Airport is currently constructing more than 40,000 square feet of hangar space and is planning to construct a new 1,300-space parking garage as well as expand the terminal building to add three passenger boarding gates with capacity to process an additional 492,000 passengers annually.   

In Brief…

Small business support — The Senate Finance, Ways and Means Committee this week signed off on a budget expansion request for a program that provides loans to small businesses and entrepreneurs throughout Tennessee. Dubbed Fund Tennessee, the program will see $117 million in federal funds that will be dispersed to the Volunteer State in three tranches. To receive the federal funds, the Tennessee Department of Economic & Community Development is requesting a budget expansion of $120.7 million.

The federal funding is from the second installment of the State Small Business Credit Initiative (SSBCI), a program that will be offered for 10 years. The 2021 American Rescue Plan Act reauthorized and funded SSBCI with a combined $10 billion to states.

The funding is intended for businesses owned or controlled by socially and economically disadvantaged individuals who have historically lacked access to capital. In Tennessee, those living in about 55% of census tracts, including rural and metropolitan areas, would qualify for the program. Technical assistance grants are also being offered through the program to assist businesses applying for these loans.

School Turnaround Pilot Program has fast success – The Senate Education Committee met this week to hear an update on the School Turnaround Pilot Program, which was created from legislation passed by the General Assembly in 2021 to improve student progress in struggling schools in each grand division on the state’s priority list, which is the bottom five percent of schools in Tennessee. Officials from the Department of Education and Shelby County Schools as well as the approved vendor working with the schools, Cognia, touted the fast success of the program at Hawkins Hill Elementary School and Trezevant High School, both in Shelby County. For the first time in a decade, these two schools have come off the priority list as a result of the turnaround program.

Cognia is a global nonprofit organization that works with other states on school turnaround. Some of Cognia’s programs and development include teacher mentorships, instructional leadership and ways to combat chronic absenteeism. Chronic absenteeism is a big problem in the two Shelby County schools highlighted, so Cognia has partnered with the Tennessee Home Builders Association to provide incentives to parents whose children meet attendance milestones.

The other three schools involved in the program are also making progress. With two years left of the pilot program, the goal is for all five schools to come off and stay off the priority list.

Grow Your Own Teacher Apprenticeships Strengthen Tennessee’s Educator Pipeline – The Grow Your Own initiative aims to set a new path for the educator profession and for Tennessee to be the top state in which to become and remain a teacher and leader.  This week, the Tennessee Department of Education announced that two additional educator preparation providers (EPPs) – the University of Memphis and Arete Memphis Public Montessori – have been approved to offer teacher apprenticeships, bringing additional educator talent to the state to increase high-quality academic opportunities for Tennessee students. Tennessee was the first state to be approved by the U.S. Department of Labor (USDOL) to have Teacher Apprenticeship programs between school districts and EPPs. In addition to the previously approved 7 EPP programs, Tennessee now has 9 total approved EPP programs, offering registered teacher apprenticeships to 30+ districts and serving 200+ candidates. This builds on the nearly 650 candidates served through the initial 65 district/EPP partnerships that started in 2020. These two new models will bring additional opportunities and innovative programs.

Gov. Lee delivers second inaugural speech — Tennessee Governor Bill Lee addressed Tennesseans during his second inauguration at War Memorial Plaza on Jan. 21. During his speech, Lee applauded Tennessee’s strong economy, noting the state’s finances have been “stewarded in such a way that affords us the lowest tax rate per capita in the nation, the lowest debt rate per capita in the nation, and the fastest growing economy of all 50 states.” Lee praised Tennessee’s education investments as well, remarking that while rural America has been in decline for decades, rural Tennessee is “proving to be the exception, thanks to historic investments in vocations, technical and agricultural education that are shaping Tennessee’s future workforce.” Lee’s speech also included musings on faith, personal hardships and civility. “We can disagree and stand firm for our beliefs and our principles, but we should never forget the dignity of the other human being,” Lee said. “Civility is not a weakness. In fact, it has been and it should always be the American Way. And I know it can be the way in Tennessee.”

Gov. Lee to present State of the State address Feb. 6 – Gov. Lee’s office announced this week that he will deliver the annual State of the State address on Monday, Feb. 6 at 6 p.m. The address will take place in a joint session of the General Assembly in the House Chamber. Gov. In the speech, Gov. Lee will announce his budget and legislative priorities for the 2023 session.

Introducing the new Health Department head — Dr. Ralph Alvarado, the new commissioner of the Tennessee Department of Health, introduced himself to the Senate Health and Welfare Committee this week. Alvarado brings decades of diverse professional experience to Tennessee, including hospital management and nearly 30 years of service as an attending physician. Alvarado earned his undergraduate and medical degrees from Loma Linda University and completed his residency in internal medicine and pediatrics at the University of Kentucky. Alvarado also served in the Kentucky State Senate where he led the Senate Health and Welfare Committee as chairman.

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