(NASHVILLE) March 17, 2023 — The Senate advanced many bills this week, highlighted by legislation to improve outcomes for Tennessee children by enhancing the 2021 Literacy Success Act and strengthening support for the Department of Children’s Services and foster care and adoption services. Most committees have set their final calendars, while the Transportation and Safety Committee and the Energy, Agriculture and Natural Resources Committee have both closed for the year.
Updating Tennessee’s 2021 Literacy Success Act to strengthen student outcomes
The Education Committee this week passed a bill that would update Tennessee’s Literacy Success Act law to allow for additional information to be considered when making third grade retention decisions and provide more resources to help students as they learn to read. The law was first passed in 2021 to improve literacy rates in the state and get students on track in the early grades so they can become proficient readers by third grade.
“This law is not about holding students back. It’s not about retention,” said bill sponsor Senator Jon Lundberg (R-Bristol). “It’s about strengthening students so they can graduate high school and succeed. Reading by third grade is absolutely critical to success, and third-grade reading rates must improve significantly in Tennessee. I believe this bill will bring about dramatic change in that regard.”
Senate Bill 300 will allow school districts to advance a student to fourth grade if the student scores in the approaching category on their third grade Tennessee Comprehensive Assessment Program (TCAP) test and if they score in the 50th percentile on the third-grade reading screener given in the third year if the screener administered is provided by the Department of Education and administered in a testing setting.
Students advanced using the additional screener data must also receive additional tutoring in fourth grade, and school districts must notify parents to encourage them to enroll their students in summer programming.
The bill allows school districts to assist parents when filing an appeal if their student is identified for retention. The bill requires the Department of Education to provide a comprehensive report to the General Assembly on the number of students identified for retention, the interventions given to those students and the number of students promoted based on those interventions.
The bill ensures students held back before third grade get reading intervention to catch them up and allows the Department of Education to contract up to three additional online tutoring providers to meet the needs of students. The bill also provides additional tutoring to school districts in first and second grades.
Strengthening services for children and improving adoption and foster care
This week, lawmakers advanced a slew of legislation focused on improving DCS, streamlining adoption and foster care services and protecting children from abuse and trauma. The legislation is part of a focus for both the General Assembly and Gov. Lee this year to protect children. In February, Gov. Lee announced his proposal to invest $190 million in DCS.
Improving DCS
The number of children going into DCS custody is on the rise, and the department continues to face significant staffing challenges which are resulting in unmanageable caseloads for employees and preventing the department from providing quality care to the Tennessee children it serves.
The Judiciary committee passed Senate Bill 531, sponsored by Speaker Pro Tempore Ferrell Haile (R-Gallatin), to help alleviate the burden on case managers by gradually reducing the maximum caseload per manager to 20 cases by Jan. 1, 2025 and then to 18 cases by Jan. 1, 2026, and finally ramping down to a 15-case maximum per case manager by January, 1, 2027.
The current caseload max per manager is set at an average of 20 cases which has led to veteran managers taking on up to 60 cases at one time, while first year managers have 10.
As part of the push to ensure that the child’s best interest is prioritized when making decisions regarding children, the Judiciary Committee passed Senate Bill 532 also sponsored by Haile. The legislation adds “best interest of the child” to the Department of Children’s Services motto, mission statement and goal to reflect that a child’s best interest is always the central purpose of the department.
Another change proposed for the Department of Children’s Services is legislation to add 12 new attorney positions and six new administrative positions to allow for faster processing of adoption cases. The attorneys handle filing termination of parental rights and review cases of neglect in which a child has been in custody for at least six months to determine if a petition for termination of parental rights is needed. Senate Bill 544, sponsored by Senator Dawn White (R-Murfreesboro), passed the Judiciary Committee this week and now advances to the Finance, Ways and Means Committee.
Enhancing Foster Care and Adoption
Also advancing out of the Judiciary Committee were two major bills sponsored by Haile that seek to make several changes to adoption proceedings, services for expectant mothers, and DCS proceedings with termination of rights procedure. Senate Bill 270 adds services for foster care parents and those birth parents who choose adoption. Under this bill, foster care parents are allowed a respite of six months without losing their standing as a foster parent.
For those choosing adoption, expectant mothers can receive support services paid for by the adoptive parents for the length of their pregnancy and up to 90 days post birth, as well as up to two years of counseling for the birth mother. It allows for a virtual surrender hearing and clarifies that surrender of parental consent may be made at any time prior to birth, but consent has to be reaffirmed after the birth of the child. The final decision cannot be made any time before the birth.
Furthermore, adoption paperwork can be stopped at any time, and a judge may waive the six-month waiting period for adoption if the judge sees fit to do so.
Senate Bill 528 is an adoption and foster care omnibus bill to eliminate red tape in the adoption process. Among other things, foster parents are given more input and participation in the cases of children who have been in their care. The bill reduces the timeframe when finalized adoptions can be overturned and strengthens standards for putative and biological fathers wishing to hold themselves out as the father of a child.
The legislation also adds rape to the list of grounds for termination of rights, requires DCS to file a petition for termination of parental rights within a set period of time when a case involves egregious circumstances, and requires courts to enter a surrender order when all other conditions have been met. The bill moves to the senate floor for final consideration.
Prioritizing the best interest of the child in custody and adoption cases
The Judiciary Committee also advanced several bills sponsored by Haile to update the termination of parental rights proceedings. Senate Bill 534 seeks to streamline the adoption process for a newborn surrendered under the safe haven law. It lowers the waiting period for DCS to file a petition seeking termination of parental rights of an infant voluntarily surrendered from six months to 90 days. It also requires the court to expedite the case to ensure the hearing of the termination petition is within 30 days of the petition filing.
Senate Bill 535 clarifies that if a parent or guardian fails to visit or support a child less than four years old for a period of three consecutive months, the circumstances rise to qualification for abandonment. Furthermore, if a child resides in the adoption petitioner’s home for at least three months, the judge may waive the six-month waiting period for the order of adoption.
To prioritize the safety of children going into DCS custody, Senate Bill 264 allows for the Department of Children’s Services to file for a petition of termination of rights after the department has removed a child from the home. This bill also clarifies that “persistent conditions” means if after a period of six months, the parent or guardian has failed to remedy the situation that resulted in the removal of the child from the home, then it can be considered grounds for termination.
Increasing penalties for crimes against children
The Judiciary Committee took action to increase penalties for crimes involving children. Senate Bill 536, sponsored by Haile, adds eight offenses to the severe child abuse definitions which constitute grounds for termination of parental rights. These offenses include sexual battery, aggravated statutory rape, continuous sexual abuse of a child, solicitation of a minor, solicitation of sexual exploitation of a minor, promoting travel for prostitution, especially aggravated rape, and especially aggravated rape of a child.
Senate Bill 1319, sponsored by Senator Paul Bailey (R-Sparta), adds that harboring or hiding a child that has been placed in the Department of Children’s Services’ custody is a custodial interference offense. Finally, Senate Bill 164, sponsored by Senator Page Walley (R-Savannah), allows for foster parents to receive reimbursement for providing car insurance to their eligible foster children. Senate Bill 1218, sponsored by Senator Dawn White (R-Murfreesboro), exempts adoption proceedings in chancery, circuit, or juvenile court from the state portion of the litigation tax. These bills advance to the Finance, Ways and Means Committee.
Expansion of Paid Parental and Sick Leave – The Senate Commerce and Labor Committee this week passed Senate Bill 276, co-sponsored by Senator Jack Johnson (R-Franklin) and Senator Ken Yager (R-Kingston), to improve state employee benefits to help recruit and retain quality state employees.
The bill would provide state employees with 12 weeks of paid parental leave for the birth or adoption of a child. Additionally, it would change the way paid sick and annual leave are accrued by providing employees with their sick and annual leave for the year all at once and up front, rather than from month to month. The measure also would expand employee benefits by providing state funds to cover 50% of dental insurance and 100% of long-term disability benefits. The bill now advances to the Senate Finance, Ways and Means committee.
Reconstituting certain airport authorities — The Transportation and Safety Committee this week approved a bill that would reconstitute certain airport authorities. Sponsored by Senator Paul Bailey (R-Sparta), Senate Bill 1326 vacates and reconstitutes the board of commissioners for an airport authority in a metropolitan county with a population over 500,000 and adds the governor, lieutenant governor and speaker of the House of Representatives as appointing authorities for the board of commissioners. The mayor will appoint two members.
Bailey said the bill is needed to give the state more influence over the operations of the airport given it’s a regional airport with more than 70% of the travelers it serves living outside of Davidson County.
Each of the appointing authorities will appoint two members to the board. Persons appointed to the board must be residents of the county or contiguous counties, and have no financial interest in the airport or its concessions. In making appointments to the board, the appointing authorities shall strive to ensure that the membership is representative of the geographic and demographic composition of the county or state, at least one commissioner is a female, and another of a racial minority. The bill requires the president of the board to submit the annual operating budget to the aforementioned appointing authorities for review.
The Airport Authority was created in 1970 by the 86th Tennessee General Assembly with all appointments to the board made by the mayor. Since that time, the primary funding source for the airport has been through the General Assembly, federal funding and airline/concession fees collected. The airport footprint is owned and controlled by the Airport Authority under the regulations of the FAA.
Increasing ability to carry handguns while hunting – The Senate Judiciary Committee advanced legislation this week that is part of an effort to ensure Tennessee’s gun laws are consistent with the recent United States Supreme Court Case, New York State Rifle v. Bruen (2022). Sen. John Stevens (R-Huntingdon) is leading much of the work to ensure compliance with the new U.S. Supreme Court ruling.
Stevens passed Senate Bill 494 out of the Judiciary Committee this week to ensure that any person can carry a handgun while hunting, as long as the handgun is not used to hunt game and the person is not otherwise prohibited from possessing a handgun. The bill now advances to the Senate floor.
Funding Governor’s Office of Faith-Based Community Initiatives- This week, the Senate State and Local Government Committee approved Senate Bill 279, co-sponsored by Leader Jack Johnson (R-Franklin) and Sen. John Stevens (R-Huntingdon) to provide more resources to community services throughout the state that are powered by compassionate and faithful Tennesseans.
The bill allows the Governor’s Office of Faith-Based and Community Initiatives to use state dollars to fund its partnerships with nonprofit organizations. The Office leverages the power of faith communities, nonprofits, and government to improve life for every Tennessean by bringing people together to solve tough issues Tennesseans are facing.
In recent years, the Office of Faith-Based and Community Initiatives has taken on more responsibilities as a result of its success, and this bill will allow the office to strengthen its services and continue to improve lives.
Parity of teacher salaries at special schools — Currently, teachers at state special education schools in Knoxville and Jackson are paid 10% less than their counterparts in Nashville. That’s despite doing the same work and having the same credentials and experience.
Sponsored by Senator Becky Massey (R-Knoxville), Senate Bill 359 would bring parity to salaries among the three campuses. The bill cleared the Education Committee this week.
“These teachers are working hard and we believe we need to compensate them fairly and right now we’re not doing that,” Massey said.
Teachers in each of the three campuses have the same professional and educational requirements, the same dedication for students and the same professional responsibilities. They also have the same director and superintendent of schools, as well as the same Human Resources and IT departments.
Increasing eligibility for HOPE Scholarship — Sponsored by Senator Becky Massey (R-Knoxville), Senate Bill 364 expands higher educational opportunities by removing an eligibility restriction for the Tennessee Promise scholarship. Currently, the scholarship is available to all high school graduates provided they enroll in college in the fall term after graduation. This bill would allow students to remain eligible for the scholarship if they defer college for up to 16 months after graduation.
The bill better aligns state financial requirements and expands access for students who may need to defer college for a year after high school graduation. Students would still have to apply for the scholarship during their senior year of high school.
Tennessee’s college-going rate has fallen from 62% to 53%, translating to about 7,000 fewer high school graduates attending college since 2019.
Making it easier for retired police officers to work as security guards — The Commerce and Labor Committee this week passed a bill that removes unnecessary training requirements for retired police officers who have been hired to work as security guards.
Sponsored by Senator Ed Jackson (R-Jackson), Senate Bill 870 exempts retired law enforcement officers with 20 or more years of service and who retired in good standing from certain security guard requirements. Retired law enforcement officers have already completed far more training than is required to become a security guard. The bill does not exempt retired officers from training in de-escalation techniques, proper safe restraint technology, first aid and CPR.
Cognitive Tests for Constables– Senate Bill 514, sponsored by Senator Jon Lundberg (R-Bristol), passed the Senate floor this week and requires candidates for the office of constable to undergo a cognitive and psychological test attesting to their mental and cognitive fitness to perform the duties of a constable. The test is to ensure that elected officials can effectively carry out the duties of their position.
Ensuring speedy compensation for witnesses — The Judiciary Committee this week passed a bill intended to speed up the process whereby witnesses for the state are compensated for their service. Under current law, if a witness is deemed necessary to a case and lives more than five miles away from where they were subpoenaed, then the witness’s expenses such as travel and board may be paid by the state. But there remains confusion and misunderstanding as to when a witness’s expenses may be paid upfront.
Sponsored by Senator John Stevens (R-Huntingdon), Senate Bill 476 makes several changes to the statute to speed up the compensation process, including the removal of a requirement that indigency needs to be determined before a witness can be paid. Counties will continue to recover the costs of witness expenses from a convicted defendant.
Updating Tennessee’s trust code — Sponsored by Senator John Stevens (R-Huntingdon), Senate Bill 492 makes several updates to Tennessee’s trust code to ensure the state remains a leading trust jurisdiction in the country. The General Assembly has updated the trust code each of the past seven years, and during that time total trust assets under management in the state have increased from $25 billion to $250 billion.
The bill authorizes non-judicial settlement agreements to be used in probate under certain circumstances, clarifies a beneficiary is not personally liable for the debts of a trust arising from the trustee’s ownership of property, and clarifies if a distribution has made an error the beneficiary must return the distribution to either the trustee or court. The bill also streamlines provisions for the release of a trustee, and creates a new code section for the decanting of trusts, among other updates.
Expanding the talent pool for industrial development boards — Passed by the Commerce and Labor Committee this week, Senate Bill 926 removes an existing requirement that members of the board of directors for an industrial development corporation reside in the county in which the corporation was established. Allowing industrial development boards to choose to allow membership outside the county will help them recruit the best minds for the job.
Bill sponsor Senator Jon Lundberg (R-Bristol) said he got the idea for the bill after an East Tennessee manufacturing company that had expanded into multiple counties faced pushback for serving on the industrial development board due to the existing restriction.
Ensuring patients’ choice in lab testing — Sponsored by Senator Richard Briggs (R-Knoxville), Senate Bill 1275 allows Tennesseans with health insurance plans to use the licensed medical laboratory of their choice. The bill also prohibits an insurance company from denying a licensed medical laboratory from participating in a qualified policy or plan.
The bill addresses an issue that arose during the COVID-19 pandemic when lab testing was in high demand. During that time, some insurers required COVID-19 tests to be sent to out-of-state labs, causing delays, when they could have been processed quicker by in-state labs. The bill passed the Commerce and Labor Committee this week.
Strengthening the Board of Pharmacy — The Government Operations Committee passed legislation to update policies and procedures of the Board of Pharmacy and make changes to the board’s composition. Senate Bill 753, sponsored by Speaker Pro Tempore Ferrell Haile (R-Gallatin) would increase the board size from seven to nine members, add a pharmacy technician position, and enhance qualifications of board members to make the board more representative of those working in the pharmacy industry in Tennessee. Furthermore, the bill would allow the board to administer advisory opinions. The bill passed the Government Operations Committee this week and advances to the Senate Health and Welfare Committee.
Enhancing transparency of public records purchases — The Transportation Committee this week passed a bill aimed at enhancing transparency around the purchase of public records containing personal information of Tennesseans. Sponsored by Senator Kerry Roberts (R-Springfield), Senate Bill 1431 requires the Office of Open Records Counsel in coordination with the Department of Safety and Department of Revenue to develop and maintain a system to track bulk purchases of public records containing personal information from state motor vehicle records.
Roberts said he got the idea for the bill after titling his car and within a week began receiving phone calls attempting to sell him warranties. “Tennesseans have a right to know who is buying their personal information,” Roberts said.
Removing a restriction for minors learning to ride motorcycles — A bill that would make it easier for minors to learn how to ride motorcycles cleared the Transportation and Safety Committee this week. Current law restricts minors who have been issued a motorcycle learner’s permit from driving beyond 20 miles of their home.
Sponsored by Senator Kerry Roberts (R-Springfield), Senate Bill 1437 removes the 20-mile restriction if the minor is accompanied by a parent or legal guardian who is also operating a motorcycle and who holds a valid motorcycle license. The bill also requires the completion of a certified motorcycle education course.
Increasing tools for law enforcement agencies to crack down on crime — A bill that makes it easier to install license plate readers to fight crime was passed by the Transportation and Safety Committee this week. Sponsored by Senator Ed Jackson (R-Jackson), Senate Bill 439 would allow companies that manufacture license plate readers (LPRs) and are able to meet strict guidelines to place LPRs on state and federal roadways.
The bill also allows local law enforcement to decide which vendors and LPR technology it wants to use to protect its communities. Under current conditions, local law enforcement agencies have faced unintended restrictions that have prevented them from installing license plate readers, which are already permitted and used throughout the state.
LPRs are a cost effective and safe tool used by law enforcement to prevent crime and enhance safety. They can be used to locate dangerous criminals and recover missing persons, among other uses.
Enhancing roadway safety — To ensure the safety of vehicles transporting logs or long pieces of wood, the Transportation and Safety Committee this week passed Senate Bill 1357 by Senator Todd Gardenhire (R-Chattanooga). The bill requires vehicles carrying logs or wood that protrude more than four feet from the back of the vehicle to carry a specific type of blinking light and at least two red flags so the cargo is easily visible to other motorists.
The committee this week passed another bill to enhance road safety. Sponsored by Senator Frank Niceley (R-Strawberry Plains), Senate Bill 520 requires the Department of Transportation to promulgate rules to standardize, by speed limit, the length of time a traffic-control signal must display the yellow signal light, when following the green signal light. The bill also establishes a one-second delay between the exposure of a red or “Stop” signal light and the display of a green or “Go” signal light for another traffic signal located in the same intersection.
An update on bills in previous wraps that passed the Senate floor-
- Senate Bill 533, sponsored by Haile, allows state employees to utilize the state sick leave bank when caring for a sick child, passed the Senate floor this week.
- Senate Bill 328, sponsored by Haile, reduces the number of days of incarceration a person convicted of a second DUI must serve before participating in a treatment program, and requires a judge to issue a transdermal alcohol monitoring device for those convicted of a third or subsequent DUI.
- Senate Bill 600, sponsored by Hensley, would prevent any city, county or metropolitan government from using taxpayer dollars to directly or indirectly assist with obtaining an abortion.