(NASHVILLE) March 31, 2023 – Like all Tennesseans, the Senate is mourning the horrific and senseless attack on Covenant School, a private Christian school in Nashville, that stole the lives of three children and three adults.
In recognition of the victims of the horrific attack, the Senate conducted no business in its Monday floor session. The Reverend Russell Hall of Mt. Olive Church of God in Cleveland, Tennessee led the Senate in a prayer and members were then dismissed to reflect on the tragic events of the day.
School security has been a top priority for the General Assembly this year. Senate Republicans remain committed to efforts to fortify school buildings and increase security measures to prevent tragedies like this in the future. A comprehensive school safety bill was set to be considered by the Senate Education Committee this week, but a vote has been delayed one week to review potential improvements to the proposed legislation.
“This legislation is the most comprehensive school security package that I have seen in my time here in the Senate,” said Education Committee Chair Senator Jon Lundberg (R-Bristol). “In light of what happened at Covenant School we want to take this time to explore any potential improvements we can make to this important legislation. I want to make sure we do all we can to strengthen school security.”
The Education Committee will consider the bill next Wednesday, April 4.
This week, Lt. Gov. Randy McNally wrote a letter to Gov. Lee outlining several ideas for enhancing school safety. Those include securing windows and glass in school buildings as the perpetrator of the Covenant School shooting shot out the glass of the school’s doors to gain entry. Other ideas include magnetic locks on doors, which keep shooters out and allow first responders speedier access in crisis; centralized and modernized camera systems to help police quickly identify a perpetrator’s location; and armed guards at all public and private schools.
Legislation proposes new oversight board to increase accountability for behavior-based sentence reductions for inmates
As part of the General Assembly’s efforts to crack down on crime and keep dangerous criminals off the streets, the Judiciary Committee passed legislation this week to create the Inmate Disciplinary Oversight Board to oversee the award of inmate sentence reduction credits for all correctional facilities in the state. The board would be tasked with reviewing the award, denial, and removal of inmate sentence credits for good institutional behavior or satisfactory program performance.
Currently, prisons across the state have their own disciplinary boards to determine the award of credits for sentence reduction. This bill would ensure that inmates across the state are awarded credits based on consistent standards.
Under Senate Bill 1236, sponsored by Lt. Governor Randy McNally (R-Oak Ridge) and Sen. Ed Jackson (R-Jackson), the full-time, autonomous board would be composed of nine members. The governor, speaker of the Senate and speaker of the House would each appoint three members to the board.
The necessity for expanded oversight regarding sentence reduction credits became clear to lawmakers following the high-profile murder of Eliza Fletcher in Memphis last year by a criminal who was released early from a 24-year prison sentence, despite 54 write-ups and no participation in any programs. If Eliza Fletcher’s murderer had not been released early, he would have been behind bars the day he murdered the Memphis school teacher.
“This board will implement important statewide standards,” said Jackson, “It will ensure inmates who have exhibited good behavior and earned sentence reduction credits will receive them and, at the same time, ensure inmates who have received disciplinary infractions and refused to participate in programming will serve their full sentences.”
The bill now advances to the Senate Finance, Ways and Means Committee.
Protecting Tennessee businesses and workers — The State and Local Government Committee this week passed a bill aimed at protecting businesses and workers in Tennessee. Sponsored by Senator Shane Reeves (R-Murfreesboro), Senate Bill 681 would prohibit local governments from imposing requirements on an employer pertaining to hours worked, work scheduled or employee output during work hours.
The bill preempts local governments from imposing additional wage or employee benefit mandates on private employers. It prohibits local governments from requiring a private business to pay an hourly rate above minimum wage as a condition of contracting with the local government or operating within the local government’s jurisdiction. The bill also prohibits a local government from giving preference to vendors, contractors, service providers or other parties doing business with a local government based on wages or the employee benefits they provide.
Under the bill, local governments maintain the right to adopt policies for their own employees.
“Tennessee is an employment-at-will state and this legislation supports the employer/employee relationship that’s so important for our thriving economy,” Reeves said.
Preventing reparations on the local level — Local governments throughout the country are currently exploring “reparations” or payments to individuals who are descendants of slaves. Shelby County has allocated $5 million to study and administer reparations proposals. To protect taxpayer money from being spent on this divisive issue, the State and Local Government Committee passed Senate Bill 429, sponsored by Sen. Brent Taylor (R-Memphis) which prohibits local governments statewide from using funds to study or disperse reparations.
Protecting free speech in schools — To protect free speech in schools, the Education Committee this week passed a bill that would prevent compulsory use of certain pronouns. Sponsored by Senator Paul Rose (R-Covington), Senate Bill 466 prevents teachers from being held civilly liable if they choose to use pronouns consistent with the student’s biological sex or the sex listed on the student’s permanent records. The bill extends the same protection to school districts. The bill also states a school or school district cannot bring disciplinary or adverse employment action against a teacher if they choose to use pronouns consistent with the student’s biological sex.
“The freedom of speech protects both the right to speak and the right not to speak,” said Rose. “This bill protects teachers from being compelled to speak against their conscience, worldview or core beliefs.”
Protecting the free exchange of ideas on college campuses — To promote freedom of expression and educational excellence on college campuses, the Education Committee this week advanced the Tennessee Higher Education Freedom of Expression and Transparency Act. Sponsored by Senator Joey Hensley (R-Hohenwald), Senate Bill 817 strengthens the prohibition on higher education institutions from being biased in favor of divisive concepts such as critical race theory. It establishes a transparent system for reporting alleged violations and complaints regarding divisive concept restrictions and requires institutions to report violations to the comptroller’s office. This bill prohibits bias or favoritism in the treatment of student groups and the use of school property. Under the bill, student-invited guest speakers may not be denied solely on race, religion or non-violent political ideology. Finally, the bill requires institutions to ensure employees whose job duties include diversity, equity or inclusion to be devoted to supporting student academic achievement and workforce readiness of all students.
Enhancing transparency and integrity of elections — Sponsored by Senator Art Swann (R-Maryville), Senate Bill 1182 requires candidates for president on the primary ballot to be certified by the state party chair. Currently, that responsibility belongs to the secretary of state. The bill requires the state coordinator of elections to certify to the county election commissions which names will appear on the ballot for each political party.
The bill also requires members of the State Election Commission to disclose if they receive payment for any services related to elections. Failure to timely disclose election services is cause for removal. This provision is intended to prevent conflicts of interest for serving members. The bill was passed by the State and Local Government Committee this week.
The Committee passed another bill this week to ensure voters are both citizens and properly registered. Sponsored by Senator Joey Hensley (R-Hohenwald), Senate Bill 137 requires the coordinator of elections to compare statewide voter registration databases with other state agencies and county records to identify any voters who have changed addresses without notifying their county election commission, and to compare statewide voter registration databases with the Department of Safety.
Clarifying uses for Nashville convention center’s excess revenue — To honor the intent of a 2009 law that allowed for the construction of Music City Center in downtown Nashville, the State and Local Government Committee this week passed a bill that clarifies uses for the convention center’s excess tax revenue. The 2009 law intended for excess revenue to go toward debt service and maintenance of the building, but the city over the years has instead diverted some of the revenue to its general fund. Sponsored by Leader Jack Johnson (R-Franklin), Senate Bill 648 clarifies excess tax revenue can only be used for prepayment or elimination of debt service as well as on capital and operating expenses of the facility. To ensure oversight on the state level, the bill also adds the state comptroller, state treasurer and the secretary of state as non-voting members of the convention center’s board of directors.
Improving community oversight boards — The State and Local Government Committee this week advanced a bill that seeks to improve community oversight boards by imposing statewide standards that have been proven effective. Sponsored by Senator Mark Pody (R-Lebanon), Senate Bill 591 authorizes municipal governing bodies to create a police advisory review committee upon adoption of an ordinance by a two-thirds vote. The purpose of the committee is to strengthen the relationship between citizens and law enforcement agencies to ensure a timely, fair and objective review of citizens’ complaints while protecting the individual rights of local law enforcement officers. The committee will make recommendations concerning citizen complaints to the head of law enforcement. The committees will consist of seven members appointed by the mayor with approval by the governing body.
Community oversight boards can enhance transparency and accountability of police departments, but there have also been instances of certain boards behaving in ways that have hindered rather than enhanced investigations. This bill ensures community oversight boards operate under the same standards statewide, allowing law enforcement to conduct an accurate, fair and valid crime scene investigation without interference by outside boards.
Helping military veterans and their families – Under the Interstate Compact on Educational Opportunity for Military Children, children of active duty service members can receive benefits and opportunities to help support them when they transition to a new school or area as a result of their parent’s service to the country. Senate Bill 317, sponsored by Senator Bill Powers (R-Clarksville), extends the benefits and opportunities provided by the compact to children of a member of any reserve component of the armed forces enrolled in grades K-12.
Sponsored by Senator Joey Hensley (R-Hohenwald), Senate Bill 724 allows honorably discharged veterans to obtain a temporary teaching license to fill a vacant position in a school. The permit will only be valid for a short time and must be used to fill a vacant position. Both bills were passed by the Education Committee this week.
Creating an Adult Sexual Assault Response Team – Senator Becky Massey (R-Knoxville) is sponsoring Senate Bill 22 which seeks to create an Adult Sexual Assault Response Team within law enforcement agencies. The team would assist in responding to incidents of sexual assault with adult victims that fall under the agency’s jurisdiction, and team members would need to be experienced in victim advocacy, law enforcement, criminal prosecution, health care services and mental health services. With this proposal, law enforcement agencies will be able to utilize their existing agency resources, and collaborate with community resources to better help sexual assault survivors. The legislation was approved by the Senate Judiciary Committee this week and advances to the Senate floor for final approval.
Abrial’s Law, the Keeping Children Safe from Family Violence Act – In the United States, 1 in 4 girls and 1 in 7 boys will experience child sex abuse by people they know, and many children are placed into the custody of dangerous adults. Senate Bill 722, sponsored by Senator Becky Massey (R-Knoxville) will require court personnel to participate in training on child sex abuse and domestic violence. The training will help prevent dangerous parents from abusing the family court system. The bill moves to the Senate floor for final consideration.
Requiring well-baby routines for neglected children – Neonatal abstinence syndrome (NAS) is a condition in which babies are born addicted to drugs, a result from the mother using drugs while pregnant. The baby is usually born with significant deficits and may struggle for their entire lives with effects. Senate Bill 655, sponsored by Senator Ed Jackson (R-Jackson), will require parents, guardians, or custodians of a child diagnosed with NAS to submit documentation to DCS of a well-baby routine examination by a licensed physician. This documentation will only apply to children less than the age of three and will help the Department of Children’s Services DCS better protect and care for children diagnosed with NAS. The bill was passed in the Judiciary Committee and now advances to the Senate floor for final approval.
Ensuring safe physical custody environments – Senate Bill 656, sponsored by Ed Jackson (R-Jackson), advanced out of the Judiciary Committee this week. The bill will require that before unsupervised visitation or physical custody is granted to a parent or guardian, the Department of Children’s Services (DCS) must provide documentation of at least two observed home visits to the courts before any custody or supervision is granted. This rule will only apply to those families in which the child was removed as a result of dependency and neglect. The bill will advance to the Senate floor for final approval.
Lowering burdens for small businesses recognizing asset depreciation – To remove time consuming tax filing requirements on small businesses, the Senate approved legislation to streamline the process for certifying the depreciation value of personal property for tax returns. Senate Bill 384 sponsored by Jon Lundberg (R-Bristol) raises the minimum depreciated value of tangible personal property from $1,000 to either $2,000 or less, or $10,000 or less but greater than $2,000 that the taxpayer may certify in lieu of detailing acquisition cost on the reporting schedule. This change will save 53% of small businesses time cataloging all personal property values, which often takes significant time but results in an incredibly small amount of money.
Improving Ease of Access for Food Trucks- Current law states that food truck businesses must obtain a permit in each county in which they want to operate. Because there is not a statewide recognized fire permit, a food truck may have to get multiple fire permits each year if they do business in multiple counties. Senate Bill 907, sponsored by Senator Frank Niceley, would require the state fire marshal to create a statewide fire permit to allow food trucks to operate in multiple counties throughout the year without having to obtain multiple fire permits. The bill advanced out of the Senate State and Local Government committee and moves to the Finance, Ways and Means Committee.
Establishing new grounds for parental rights proceedings – Currently, there are 15 grounds that can be cited as a legal reason to begin proceedings to terminate parental rights. One is a sentence to a correctional facility of 10 or more years for a parent whose child is younger than eight years old at the time of the sentence. Senate Bill 537, sponsored by Sen. Ferrell Haile (R-Gallatin), adds a ground for termination of parental rights if a parent receives a sentence of 6 or more years in a correctional facility in addition to meeting at least one other ground for termination of parental rights. The bill passed the Judiciary Committee this week and advances to the Senate Floor for final approval.
Increasing background checks for professional bail agents – Senate Bill 1153, sponsored by Senator Frank Niceley (R-Strawberry Plains), would require professional bail agents and bounty hunters to have an annual criminal history background check from the Tennessee Bureau of Investigation. The bill requires agents and bounty hunters to take an annual education class, and requires a criminal background check prior to taking the class. The bill passed the Judiciary Committee this week and advances to the Finance, Ways and Means Committee.
Increasing penalties for desecrating a house of worship – The Judiciary Committee passed legislation this week to expand the Class E felony offense for desecrating a house of worship. Senate Bill 848, sponsored by Senator Bo Watson (R-Hixson), adds “knowingly or recklessly” to the current Class E felony offense to “intentionally desecrate” a house of worship.
Ensuring deputy jailers can choose where they live — Sponsored by Senator Paul Rose (R-Covington), Senate Bill 923 prohibits local governments from applying residency restrictions to jailers or correctional officers employed by local governments. The bill ensures those occupations have the freedom to choose where they live, building off of a similar bill the General Assembly passed last year that pertains to law enforcement officers.
Streamlining higher education projects — The State and Local Committee this week advanced a bill that would modernize the State Building Commission’s process for higher education projects. Sponsored by Lt. Gov. Randy McNally (R-Oak Ridge), Senate Bill 1459 would streamline processes surrounding construction, renovation and maintenance of certain public higher education facilities. The legislation would create greater efficiency while maintaining transparency, and also cuts red tape for projects not funded by state appropriations.
Securing insurance for low-income housing — A bill that would help low-income housing entities secure insurance while lowering state expenditures was advanced by the State and Local Government Committee this week. Sponsored by Senator Page Walley (R-Savannah), Senate Bill 1085 would allow low-income housing entities to enter into agreements with each other and establish their own self-insurance pool rather than purchase insurance off the open market. The bill next goes to the Finance, Ways and Means Committee.
New State Symbols – The Senate this week passed two pieces of legislation designating new state symbols. Senate Bill 511, sponsored by Senator Ferrell Haile (R-Gallatin), will designate “The Tennessee in Me” by Debbie Mathis Watts as an official state song. House Joint Resolution 23, sponsored by Senator Adam Lowe (R-Calhoun), designated Pumpkin Pie as a symbol of the state of Tennessee.