01Aug

Roane State student appointed by Governor as THEC Student Representative

(NASHVILLE) Roane State Community College student and Spring City resident Andrew Kingsolver was recently appointed by Governor Bill Lee to serve as the student representative on the Tennessee Higher Education Commission (THEC), where he will be a voting member. He was appointed to the position following a competitive application process and will serve a one-year term which began July 1, 2022.

State Senator Ken Yager (R-Kingston) wrote a letter in support of Kingsolver’s application to Governor Lee and congratulated the impressive student on his appointment.

“It is a high honor to be appointed a voting member of THEC as a student and I congratulate Mr. Kingsolver on this achievement,” said Yager. “As a nontraditional student with a background in welding and pipefitting he will bring a unique and valuable perspective to the Commission. He is a hard-working and dependable individual and I am proud he will represent his school, East Tennessee, and students across the state as a member of THEC.”

Kingsolver serves as a Senator on Roane State’s Student Government Association and has a strong academic record. Before attending Roane State, he worked in pipefitting for a natural gas pipelines.

In order to be selected as the THEC Student Representative an individual must have a 3.0 GPA, be enrolled full-time at a Tennessee Board of Regents (TBR) institution, be a resident of Tennessee, and have previous or current leadership experience as an SGA officer, senator or similar equivalent or leadership within the greater community. The Tennessee Board of Regents selects one nominee for THEC Student Representative every year as required by statute (TCA 49-7-204 (c)).

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23Jun

Tennesseans will see new tax cuts as fiscally conservative budget goes into effect

(NASHVILLE) – Tennessee’s new $52.8 billion budget for the 2022/2023 fiscal year is among a host of new laws that will go into effect on July 1. This budget continues lawmakers’ record of low taxes and fiscal responsibility. The no-debt, balanced budget appropriates over $280 million in new tax cuts and financial relief for Tennesseans.

On July 1, Tennesseans will not have to pay the state’s annual license plate registration fee of $23.75 for one year, saving citizens a total of $121.6 million. This savings, which will continue through June 30, 2023, is one way lawmakers could provide financial relief exclusively to Tennesseans and not out-of-state residents who shop and do business in the state.

“Tennessee is in a strong financial position,” said Chairman of the Senate Finance, Ways and Means Committee Bo Watson (R-Hixson), who sponsored the legislation to remove the state’s license plate registration fee. “Our Rainy Day Fund is at record highs and we were able to pay for all expenditures in this year’s budget with cash. Removing the state license plate renewal fee is one way we can give back to Tennesseans and thank them for their work to make Tennessee the greatest state in the Union.”

The budget allocates money for a month-long grocery sales tax holiday for August 2022. This sales tax holiday aims to help provide relief for rising inflation rates. For the entire month of August, the 4% state sales tax plus applicable local taxes for unprepared food and food ingredients will be removed. The state will replace local revenue lost, so local governments’ budgets will not be affected by this tax reduction. See the Sales and Use Tax Notice for more information on this sales tax holiday.

“I was glad to work with Governor Lee and my colleagues in the General Assembly to reduce the financial burden on families at the grocery store,” said Senate Majority Leader Jack Johnson (R-Franklin), who sponsored the state budget. “Due to failed policies of the Biden Administration, Tennesseans’ grocery bills are higher than ever before. While we cannot solve national economic issues created at the federal level, this is one way we can provide relief to Tennessee families.”

“On a state level, Tennessee’s record of fiscal responsibility has allowed us to cut taxes every year while state revenues continue to go up, which is remarkable,” continued Johnson. “Our commitment to being a low-tax state has been a driver in economic growth. I am proud of Tennessee’s forward-looking financial management that protects Tennessee taxpayers and strengthens our economy.”

Since 2011, Tennessee Republican lawmakers have cut over $2 billion in taxes for Tennesseans. At the same time, Tennessee has earned top awards for fiscal stability by U.S. News and World Report and maintained a AAA bond rating.

The General Assembly continued Tennessee’s annual back-to-school sales tax holiday on clothing, school supplies and computers, which will take place July 29, 2022 – July 31, 2022. More information about tax-exempt items during this holiday can be found here.

The sales tax holiday on gun safes and safety devises that was first passed in 2021 will also be extended under this year’s budget. It provides funds for sales tax-free gun safes and safety devises from July 1, 2022 to June 30, 2023. More information on this sales tax holiday can be found here.

Other key investments in the 2022/2023 budget include an additional $1 billion in K-12 funding, bringing the total investment in K-12 education to $6.5 billion. It also provides $25 million for important legislation protecting victims of violent crimes and providing true accountability for those who commit crimes.

To maintain responsible fiscal management, the budget invests $250 million in the state’s Rainy Day Fund, which serves as Tennessee’s savings account to withstand economic downturns, raising the fund to a historic level of $1.8 billion. Another key component of this year’s budget is that $1.3 billion of Tennessee’s $3 billion revenue surplus is set aside for future use. Much of the surplus is used for one-time expenditures to prevent the growth of state government but still provide resources and relief to important initiatives.

A list of other key bills that will go into effect on July 1, 2022 can be found here.

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22Jun

New Tennessee laws to take effect July 1, 2022

(NASHVILLE) July 1, 2022 not only marks the beginning of a new fiscal year, but it is also the date that many new laws will go into effect in Tennessee. From the state budget to public safety measures, the following is a list of key legislation passed by the General Assembly in 2022 that will become law July 1.

Budget and Tax Relief

Budget — This year’s no-debt budget highlights lawmakers’ continuous efforts to cut taxes for Tennesseans, maintain fiscal responsibility, ensure public safety and prioritize education. Going into effect on July 1, 2022, it invests $52.8 billion in the state of Tennessee for the 2022/2023 fiscal year, with total legislative initiatives making up $84.1 million recurring and $570.8 million in non-recurring expenditures.

Senate Bill 2897 sponsored by Johnson, Massey / Public Chapter 1130 / July 1, 2022

Removing license plate registration fee – From July 1, 2022 to June 30, 2023 Tennesseans will not have to pay the state’s annual license plate registration fee of $23.75. This is a financial relief measure that will only benefit Tennesseans and not out-of-state residents who shop and do business in Tennessee.

Senate Bill 2491 sponsored by Watson, Bailey, Briggs, Crowe, Gardenhire, Haile, Hensley, Jackson, Massey, Roberts, Rose, Walley, White / Public Chapter 1143 / July 1, 2022

Compensating vendors for sales tax collections — Vendors in Tennessee are the state’s chief tax collectors, hiring the personnel, investing in the software and putting in the time to collect more than $11 billion every year for the state. Until 2000, vendors were compensated for their trouble, but not since that year due to financial challenges the state was experiencing at the time. A new measure restores compensation for vendors to collect tax to pre-2000 levels. Vendors receive 2% of the first $2,500 on each report, and $1.15% of amounts over $2,500 on each report.

Senate Bill 500 sponsored by Lundberg, Yager, Crowe, Stevens, Walley, Watson / Public Chapter 1082 / July 1, 2022

K-12 Education

Blocking obscene materials on school computers – A new law was passed to ensure vendors that contract with schools comply with state law to prohibit pornography and obscene materials from school computers. It requires vendors to take steps to block any inappropriate content on school computers. If a provider fails to comply with the new law, then a LEA may withhold further payments to the provider and ultimately consider non-compliance a breach of contract. The law also requires each local board of education to establish a mechanism for parents to report a failure of the technology selected by the LEA to prevent access to harmful materials, and submit an annual report to the State Board of Education on the successes or failures of the technology.

Senate Bill 2292 / sponsored by Bell, Bailey, Bowling, Rose / Public Chapter 1002 / Jul 1, 2022

Expanding human trafficking training in schools – A new law will require all school employees to be trained to detect and prevent human trafficking of children. Previously, only teachers were required to take the training. Under this new law, all personnel that aren’t contractors, including bus drivers, janitors or cafeteria workers, will be required to undergo the same human trafficking training as teachers every three years. Sometimes a bus driver or a janitor might be able to observe signs of abuse in students before a teacher. This new law ensures other staff will have the training to know how to identify abuse and report it. The training course would be online and last roughly 45 minutes to an hour.

Senate Bill 1670 / sponsored by Gardenhire, Crowe / Public Chapter 1021 / goes into effect July 1, 2022

Ensuring fairness in girls’ sports / K-12 – The General Assembly approved a new law to enforce legislation passed last year that prohibits biological males from participating in girls’ sports in public K-12 education institutions. The new law requires the Tennessee Department of Education to withhold a portion of state funds from public middle or high schools that fail or refuse to uphold state law and instead allow biological males to compete in girls’ sports at public K-12 schools.

Senate Bill 1861 / sponsored by Hensley, Stevens / Public Chapter 909 / July 1, 2022

Taking action against abortion advocacy in public schools — A new law prohibits an LEA or public charter school seeking assistance in teaching family life from knowingly entering into an agreement with a person or entity that performs abortions, induces abortions, provides abortion referrals, or provides funding, advocacy or other support for abortions.

Senate Bill 2158 / sponsored by Hensley, Bowling, Rose, Stevens, White / Public Chapter 950 / July 1, 2022

Revising teacher evaluation criteria — A new law requires greater consideration of student achievement in teacher evaluations. The measure lowers the teacher observation component of the evaluation from 50% to 40% and increases the student achievement component from 15% to 25% to more adequately measure the proficiency of students.

Senate Bill 2155 / sponsored by Hensley, Stevens / Public Chapter 991 / July 1, 2022

Alleviating school staffing challenges – To address ongoing staffing challenges in schools, a new law allows retired members of the Tennessee Consolidated Retirement System (TCRS) to be reemployed as a K-12 teacher, K-12 substitute teacher, or as a K-12 bus driver without the loss or suspension of the retired member’s TCRS benefits. Currently, retired members of TCRS may return to work, but only for a maximum of 120 days. This bill removes that limit and extends service to one year renewable annually, provided there are no other qualified applicants. During the reemployment, retirement benefits would be reduced to 70 percent of the retirement allowance the member is otherwise entitled to receive, and the existing salary cap would be removed. The bill is effective from July 1, 2022 to June 30, 2025.

Senate Bill 2702 / sponsored by Yager, Crowe, Jackson, Powers, Walley / Public Chapter 821 / July 1, 2022

Establishing a 10-point grading scale for Tennessee schools — To align with neighboring states, the General Assembly approved legislation to establish a 10-point grading scale for grades nine through 12 in schools statewide. Tennessee is currently on a seven-point grading scale. Starting with the 2022-2023 school year and thereafter, the “A” letter grade corresponds to scoring a percentage between 90 and 100, the “B” grade is between 80 and 89, the “C” grade is between 70 and 79, the “D” grade is between 60 and 69, and the “F” grade is within the range of zero and 59. The move will also generate additional scholarship recipients by lowering the threshold for an “A” grade from 93 to 90.

Senate Bill 388 sponsored by Powers , Bowling, Massey / Public Chapter 1080 / July 1, 2022

Higher Education

Increasing access to Tennessee Promise Scholarship – Overachieving students who graduate from high school early will now be eligible to receive the Tennessee Promise scholarship upon their early graduation, under a new law. The Tennessee Promise Scholarship provides students a last-dollar scholarship, meaning the Tennessee Promise covers tuition and fees not covered by the Pell Grant, the HOPE scholarship, or TSAA funds.

Senate Bill 2631 / sponsored by Niceley / Public Chapter 1125 / July 1, 2022

Expanding financial assistance to disadvantaged students — A new law will expand the Ben Atchley Grant, which was established in the 1990s to provide financial assistance to disadvantaged students. The new measure allows for-profit, private postsecondary institutions that are accredited and domiciled in Tennessee to be able to provide the grant to its students. Just one college in the state, South College, which has locations in Knoxville and Nashville, meets these criteria. The grants will be funded by a transfer of $2 million from the Tennessee Students Assistance Award, which sees $113 million each year, of which $103 million is spent.

Senate Bill 1025 sponsored by Briggs / Public Chapter 1018 / July 1, 2022

Criminal Sentencing / Public Safety

Truth in Sentencing – To protect victims of crime and provide true accountability for those who commit crimes, a new law requires a person convicted of certain offenses to serve 100% of the sentence imposed before becoming eligible for release. It ensures criminals convicted of eight different offenses would have to serve 100% of their sentence undiminished by any sentence reduction credits for which the person is eligible or earns. These eight offenses include: attempted first degree murder, second degree murder, vehicular homicide, especially aggravated kidnapping, especially aggravated robbery, carjacking, and especially aggravated burglary. A person convicted of one of these eight offenses could still earn credits that can be used for increased privileges, reduced security classification, or for any purpose other than the reduction of the sentence imposed by the court. Under the legislation, another 16 offenses require 100% of the sentence to be served unless the inmate earns a satisfactory program performance. In these cases, a person can receive credits for a GED or job training. These credits could be used for parole eligibility once a person has served a minimum of 85% of their sentence.

Senate Bill 2248, sponsored by McNally, Lundberg, Kelsey/ Public Chapter 988 / July 1, 2022

Increasing transparency in sentencing — Under a new law victims and their families will be better informed about how much time an offender will serve at the time of sentencing. It requires all Tennessee courts to place on the record the estimated number of years and months to be served before a criminal is eligible for parole, as well as the reason for the sentence and enhancements. Currently, when a criminal defendant is being sentenced, it is unknown when that criminal defendant is going to be released unless they are required to serve a 100% sentence without credits.

Transparency in Sentencing is necessary to create true accountability for the criminal justice system. Victims and the general public need to have all information possible. This transparency will help mitigate any false sense of security victims might previously have felt after hearing a ‘full’ sentence imposed.

Senate Bill 2183, sponsored by McNally, Stevens, Bailey, Rose/ Public Chapter 952 / July 1, 2022

Cracking down on child abusers – A new law strengthens penalties for emotional and mental abuse or neglect of children at an unlicensed child care facility. It addresses an incident in East Tennessee, when 23 children were found at an unlicensed child care facility, in a garage and restrained in car seats and high chairs for most of the day. Because no physical abuse had occurred, the punishment for those operating this facility was not as severe as it should have been. The new law enhances the penalty to a Class E felony for any person operating an unlicensed child care facility and found guilty of abuse, neglect or endangerment of a child.

Senate Bill 2748 / sponsored by White, Bailey, Bowling, Rose / Public Chapter 985 / July 1, 2022

Protecting victims of crime — A new measure allows a court to revoke probation or parole for an offender who committed a misdemeanor or a felony if the offender commits a technical violation. The legislation clarifies what constitutes a technical violation. Additionally, it clarifies that contacting a victim is not a technical violation.

Senate Bill 2288 sponsored by Bell / Public Chapter 1060 / July 1, 2022

Joe Clyde Daniels Act – Under a new law, convicted murderers will have a harder time being granted parole if they do not disclose the location of their victim’s remains. The Joe Clyde Daniels Act requires the board of parole to consider the extent to which the offender obstructed or continues to obstruct the ability of law enforcement to recover the remains of the victim when deciding cases involving an offender convicted of homicide.

The bill was prompted by the disappearance of 5-year-old Joe Clyde Daniels from his home in Dickson on April 4, 2018. His father, Joseph Daniels, was convicted of murder in June. However, the child’s remains have never been found. It helps ensure victims can receive a proper burial.

Senate Bill 2223 sponsored by Roberts / Public Chapter 2223 / July 1, 2022

Increasing penalties for boating under the influence — To help keep Tennessee waterways safe, a new law increases penalties for boating under the influence. Called “Nicholas’s Law,” it makes a boating under the influence conviction equal to that of driving under the influence for the purpose of determining whether the offender is a repeat offender. In other words, if someone is convicted of boating under the influence and is later convicted of driving under the influence, they could be punished the same as if they were guilty of two DUIs.

Senate Bill 2736, sponsored White, Rose / Public Chapter 910 / July 1, 2022

Human trafficking — To crack down on criminals who traffick children, a new law will expand the criteria for what qualifies as Class A felony offense of trafficking for a commercial sex act. Under the new law a trafficker will be charged with a Class A felony if the victim is under the age of 18. Under previous statute the victim had to be under 15 for the Class A felony charge to apply. It also creates a Class A felony offense of aggravated trafficking for a commercial sex act, and requires those convicted to serve 100% of any sentence imposed.

Senate Bill 1378, sponsored by Bell, Bailey, Bowling, Crowe, Jackson, Stevens, White / Public Chapter 1089 / July 1, 2022

Strengthening punishment for violent felony offenses — A new law requires individuals that have been convicted of first-degree murder, the perpetration or attempted perpetration of rape, rape of a child and aggravated rape of a child to be sentenced to death or life in prison without the possibility of parole.

Senate Bill 2683, sponsored by Rose, Pody / Public Chapter 718 / July 1, 2022

Protecting against sex offenders — A new law prohibits a sexual offender, violent sexual offender, or a violent juvenile sexual offender from renting or offering to rent a swimming pool, hot tub or other body of water used for swimming. Violating this law would be a Class A misdemeanor.

Senate Bill 1786 / sponsored Lundberg, Crowe, Rose / Passed Senate and House / July 1, 2022

Cracking down on drive-by shootings — To impose stricter penalties on criminals who engage in drive-by shootings, a new law requires that a person convicted of aggravated assault that involved the use or display of a deadly weapon be punished one classification higher than otherwise provided by law if the violation was committed by discharging a firearm from within a motor vehicle.

Senate Bill 2087 / sponsored by Rose / Public Chapter 1136 / July 1. 2022

New offenses for heinous crimes — Criminals who commit particularly heinous, worst-of-the-worst crimes will now face new offenses with stronger penalties. A new law creates offenses for especially aggravated rape, especially aggravated rape of a child, and grave torture. The crimes are punishable by the death penalty or imprisonment for life without the possibility for parole.

Senate Bill 2841 / Sponsored by Hensley, Bowling, Rose, Walley, White, Bailey / Public Chapter 1062 / Section 1, 2, 12 July 1, 2022 Section 4 through 11 thirteen days after either overturning in part or full of Kennedy v. Louisiana 554 U.S. 407 (2008) and/or a ratification to amend the Constitution of the United States to approve the death penalty as punishment for the conviction of the acts above

Expanding the definition of unlawful photography – To protect the privacy of individuals, a new law expands the definition of unlawful photography. The offense previously applied to situations in which a person knowingly photographs someone without consent and the photograph is used for the purposes of sexual arousal or gratification. The new law expands that definition to include photographs taken without consent that include the unclothed intimate area of an individual and that were taken for the purpose of embarrassing or harassing the victim, among other criteria.

Senate Bill 2362, sponsored by Bowling, Campbell, White / Public Chapter 920 / July 1, 2022

Increasing penalties for litter — A new law increases penalties for illegal dumping of tires. It makes knowingly dumping two or more tires on public or private property without permission a Class A misdemeanor offense of aggravated littering, and also adds a Class E felony offense for a first-time conviction when dumping eight or more tires for commercial purposes.

Senate Bill 2012 /sponsored by Bell, Akbari, Gardenhire, Rose, Stevens/ Public Chapter 1105 / July 1, 2022

Judiciary / Courts

Divorce Court Proceeding — A new law authorizes a court to allow mediation between parties in a divorce proceeding to occur by video conference when appropriate.

Senate Bill 1661, sponsored by Gardenhire / Chapter 697 / July 1, 2022

Receiver of Estate – A new law authorizes the court to appoint a public receiver to make a recommendation on the need for a temporary or permanent receiver over an estate. A receiver is an appointed custodian of a person or entity’s assets. When a business owner passes away without a succession plan, a county legislative body has the power to appoint or elect a public administrator, a public guardian and a public trustee. But oftentimes that business falls apart and loses significant value by the time the estate reaches the courts. The law aims to preserve the value of the business by allowing a judge to appoint a receiver in the front-end of the process.

Senate Bill 1680, Gardenhire / Public Chapter 912 / July 1, 2022

✪ Opioids

Banning dangerous drug sales — A new law bans the sale of tianeptine, which is marketed as an antidepressant and attaches to the receptors in the brain similar to opioids. Also known by its street name ‘Zaza Red’, the drug creates withdrawal similar to heroin, and has not been approved by the Federal Drug Administration for use in any way. The new law applies to all possible substances meant to replicate tianeptine.

Senate Bill 1997 Sponsored by Bell / Public Chapter 1135 / July 1, 2022

Another, new law enables a broader distribution of opioid antagonists such as naloxone. Roughly 40 states have passed similar bills.

Senate Bill 2572 / sponsored by Crowe, Yarbro, Walley / Public Chapter 749 / July 1, 2022

Health / Healthcare

COVID-19 visitation law – A new law ensures that those who live in nursing homes and assisted living facilities will be allowed to have visitors in end-of-life situations, even during a public health emergency for COVID-19. It stipulates that visitors must agree to follow safety protocols and cannot exhibit symptoms of COVID-19 or other communicable diseases, and cannot violate federal or state law regulating each facility. During the height of the COVID-19 pandemic too many Tennesseans were not able to be with their loved ones in their last days. This law ensures that won’t happen again.

Senate Bill 2574 / sponsored by Crowe, Niceley, Reeves, Walley, White / Public Chapter 1123 / July 1, 2022

New Tennessee Center for Nursing Advancement – A new law aims to address nursing workforce needs by creating the Tennessee Center for Nursing Advancement. The center would be within East Tennessee State University in conjunction with Ballad Health. The new measure allows the center to collect and aggregate data on nursing turnover, reasons for nursing turnover and successful recruitment practices. The data would be published in reports while maintaining confidentiality and could lead to future policy considerations. There is currently no common database for nursing shortages. ETSU/Ballad have pledged $10 million for the startup of the center, and $1 million a year for management of the center is included in the 2022/2023 budget.

Senate Bill 2401 / sponsored by Johnson, Crowe, Lundberg, Campbell / Public Chapter 885 / July 1, 2022

Improving efficiency of the Certificate of Need process – This year the General Assembly approved a measure to provide funding to reform Tennessee’s Certificate of Need (CON) program and improve the efficiency and effectiveness of how Tennessee’s healthcare system is managed. CON is a legal document required for a hospital or health care facility to locate or expand its capacity. From increasing the number of hospital beds available or the types of imaging that can be conducted, under the CON process a healthcare facility has to apply to the state’s Health Services and Development Agency (HSDA) for permission.

Based on recommendations from HSDA to improve the CON process, the Board for Licensing Healthcare Facilities will merge with HSDA to form the Health Facilities Commission. The funds allocated this year will complete the first phase of the process to create the new Health Facilities Commission and improve CON requirements.

Senate Bill 2466 sponsored by Reeves, Gardenhire, Walley, Watson / Public Chapter 1119 / July 1, 2022

Expanding access to wheelchairs – A new law will expand access to important medical equipment for Tennesseans who need assistance getting around outside their homes. It ensures that those who require Complex Rehabilitation Technology (CRT), defined as high-end, power and manual wheelchairs, are able to obtain them through their health insurance. These chairs are expensive and can range from $25,000 to $45,000, requiring many people to rely on insurance to afford them. However, previously there were policies that deny a wheelchair to someone in need because it is taken outside of their home to places such as church, the grocery store, or doctor’s appointments. This bill prohibits a health insurer from considering the location of where CRT can be used when making the medical necessity determination.

Senate Bill 2134, sponsored by Reeves, Haile, Pody / Public Chapter 973 / July 1, 2022

Ensuring safety in ear wax removal — A new law requires certain coursework in order to administer ear-wax removal services to ensure the process is done safely.

Senate Bill 665, sponsored by Gardenhire / Public Chapter 697 / July 1, 2022

Protecting the Unborn

Taking action against abortion advocacy in public schools (Repeat from Education) — A new law prohibits an LEA or public charter school seeking assistance in teaching family life from knowingly entering into an agreement with a person or entity that performs abortions, induces abortions, provides abortion referrals, or provides funding, advocacy or other support for abortions.

Senate Bill 2158 / sponsored by Hensley, Bowling, Rose, Stevens, White / Public Chapter 950 / July 1, 2022

Child Safety / Wellbeing / Human Trafficking

Increasing safeguards for residential child care agencies – As a result of the Joint Study Commission on Refugee Resettlement Issues, a new law puts into place additional safeguards of reporting requirements for residential child care agencies (RCCAs). Under the new law, RCCAs would be required to disclose all contracts in agreement with third parties to provide care, housing and placement for children in Tennessee in order to receive a new license or license renewal. Additionally, it requires the Department of Children’s Services to revoke the license of a facility that provides residential child care if more than two employees or three percent of employees have been charged with criminal offenses related to their job responsibilities and the children for which the agency cares. It also requires an annual report showing the reasons for transfers of children. Lastly, the law requires the child care facility to report the names of children who have escaped or disappeared from the RCCA.

Senate Bill 2730 / sponsored by White, Stevens / Public Chapter 906 / July 1, 2022

Expanding human trafficking training in schools (repeat from “K-12 Education”) – New laws will require all school employees to be trained to detect and prevent human trafficking of children. Previously, only teachers were required to be trained on the detection, intervention, prevention, and treatment of human trafficking. Under this new law, all personnel that aren’t contractors, including bus drivers, janitors or cafeteria workers, will be required to undergo the same human trafficking training as teachers every three years. Sometimes a bus driver or a janitor might be able to observe signs of abuse in students before a teacher. This new law ensures other staff will have the training to know how to identify abuse and report it. The training course would be online and last roughly 45 minutes to an hour.

Senate Bill 1670 / sponsored by Gardenhire, Crowe / Public Chapter 1021 / goes into effect July 1, 2022

Human trafficking (repeat from “Offenses”) — To crack down on criminals who traffick children, a new law will expand the criteria for what qualifies as Class A felony offense of trafficking for a commercial sex act. Under the new law, a trafficker will be charged with a Class A felony if the victim is under the age of 18. Under previous statute, the victim had to be under 15 for the Class A felony charge to apply. It also creates a Class A felony offense of aggravated trafficking for a commercial sex act, and requires those convicted to serve 100% of any sentence imposed.

Senate Bill 1378, sponsored by Bell, Bailey, Bowling, Crowe, Jackson, Stevens, White / Public Chapter 1089 / July 1, 2022

Elections / Campaign Ethics / Candidate Eligibility

Increasing transparency and accountability to campaign finance – To provide more sunshine to campaign operations, a new law will require state candidates to report all expenditures regardless of the amount and all contributions over $100. It allows for unitemized contributions up to $100; however, if unitemized contributions make up $2,000 or more per statement period, per candidate, then those contributions must be reported. Additionally, a PAC will be audited if unitemized contributions make up more than 30% of the candidates contributions.

Starting July 1, 2022, any PAC that registers must submit a valid government photo ID to the Registry for each officer, treasurer of the committee, and at least one person who directly controls expenditures.

It also requires reporting of expenditures if a 501 (c)(4)(5) or (6) organization spends at least $5,000 for communications naming or showing the likeness of a candidate within 60 days of an election. Expenditures made within ten days of an election must also be reported if the expenditure is over $5,000 for a statewide candidate; $3,000 for a Senate candidate; $1,000 for a House candidate.

The law is a common sense measure that will increase transparency and accountability in the political process. It will ensure that PACs can no longer exploit loopholes and meager disclosure requirements to cloak their activities.

Senate Bill 1005, sponsored by McNally, Haile / Public Chapter 1087 / Section 1-6 and 26 upon becoming law, section 7 and 8 July 16, 2023, all other sections July 1, 2022

Local Government

Protecting public safety and property – To encourage homeless individuals to relocate to safer areas and receive needed assistance, including mental and physical health care, a new law gives local governments a legal mechanism to prevent homeless populations from camping on public property. Similar to the Equal Access to Public Property Act of 2012, which prohibited camping on state public property, this new law prohibits camping on local public property. It provides local governments with the authority to remove homeless camps from local public land. Each local governing body could decide how or if they want to enforce the legislation.

Under the law, the penalty for camping on public property after an initial warning is a Class C misdemeanor offense punishable by either 20 to 40 hours of community service or a $50 fine. The bill lists camping on the shoulder, berm, or right-of-way of a state or interstate highway or under a bridge or overpass, or within an underpass of a state interstate or highway as punishable offenses.

The law aims to ensure public safety for communities and protect homeless individuals from unsafe sleeping situations such as under bridges and near roadways.

Senate Bill 1610 sponsored by Bailey / Public Chapter 986 / July 1, 2022

Commerce / Labor / Consumer Protection

Residential blasting — To address neighborhood concerns about residential blasting, a new law updates blasting requirements, including adding safety processes and protocols. The new law will lower vibrations, increase communications with the public, clean up and remove standards that have been on the books since 1975.

Senate Bill 2055 sponsored by Haile, Yager, Pody / Public Chapter 871 / July 1, 2022

Travel Insurance – A new law clarifies existing regulation for travel insurance. It includes provisions offering savings to the consumer, and prohibits the automatic addition of travel insurance to a booking.

Senate Bill 1868, sponsored by Yager / Public Chapter 703 / July 1, 2022

Transportation and Safety

Hannah Eimers Roadside Safety Act – A new law requires robust safety testing of crash cushions and guardrail end terminals located on public highways and roads to ensure safety on Tennessee’s roadways. The law is named after 17-year-old Hannah Eimers, who was tragically killed in 2016 in a car crash involving a guardrail on Interstate 75 in McMinn County. That particular guardrail design saw insufficient safety testing and has since been removed in the state.

Senate Bill 1671 / sponsored by Massey, Briggs, McNally / Public Chapter 754 / July 1, 2022

Traffic safety — A new law allows a person convicted of speeding to take a defensive driving course within 90 days of their conviction in order to have up to 5 points removed from their driving record. This may be applied to only one speeding offense for each driving course completed and only once in a four-year period.

Senate Bill 2367 / sponsored by Briggs, Stevens / Public Chapter 710 / July 1, 2022

Increasing penalties for boating under the influence (Repeat from “Offenses”) — To help keep Tennessee waterways safe, a new law increases penalties for boating under the influence. Called “Nicholas’s Law,” it makes a boating under the influence conviction equal to that of driving under the influence for the purpose of determining whether the offender is a repeat offender. In other words, if someone is convicted of boating under the influence and is later convicted of driving under the influence, they could be punished the same as if they were guilty of two DUIs.

Senate Bill 2736, sponsored White, Rose / Public Chapter 910 / July 1, 2022

Environment

Ensuring safety of wake surfing — To ensure safety on Tennessee waterways, a new law prohibits wake surfing between sunset and sunrise on a body of water that is less than 50 acres in size and within 200 feet of any shoreline, among other new rules.

Large wakes can at times be very dangerous. They can contribute to substantial soil erosion along riverbanks and shorelines of lakes. In addition, they can damage docks along the rivers and lakes of Tennessee.

Senate Bill 2107 sponsored by Yager, Bowling / Public Chapter 872 / July 1, 2022

Cracking down on littering — To provide a new tool to neighborhood associations to prevent littering, a new law adds criminal littering and aggravated criminal littering to the list of offenses for which a neighborhood association may seek an injunction or restraining order prohibiting a repeat offender from entering the neighborhood. It only applies to repeat offenders dumping 100 hundred pounds or more and targeting specific residential areas.

Senate Bill 2376, sponsored by Rose / signed by Gov. / July 1, 2022

Increasing penalties for littering (Repeat from criminal offenses) — A new law increases penalties for illegal dumping of tires. It makes knowingly dumping two or more tires on public or private property without permission a Class A misdemeanor offense of aggravated littering, and also adds a Class E felony offense for a first-time conviction when dumping eight or more tires for commercial purposes.

Senate Bill 2012 /sponsored by Bell, Akbari, Gardenhire, Rose, Stevens / Public Chapter 941 / July 1, 2022

Energy / Energy Infrastructure

Protecting critical energy infrastructure – To ensure Tennessee’s energy infrastructure can support the state’s economic demands for reliable and affordable fuel, a new law prevents local governments from blocking the development of such infrastructure while preserving local zoning authority. The law applies to storage tanks, pipelines, gas transmission lines and other infrastructure critical to fuel the economy and meet transportation and manufacturing needs.

Energy infrastructure often crosses multiple county lines, so one locality should not have the authority to outright ban energy infrastructure, especially when that infrastructure serves the vital needs of the people of an entire state. Industries involved in energy and energy infrastructure are some of the most highly regulated in the state. Many federal laws already regulate safety aspects of pipeline construction and maintenance.

Senate Bill 2077 sponsored by Yager, Stevens / Public Chapter 1100 / July 1, 2022

Emergency Personnel / Law Enforcement / Correctional Officers

Expanding benefits for firefighters injured in the line of duty — Under previous law, the Barry Brady Act allowed firefighters to be eligible for workers compensation benefits for certain cancers. The act established a presumption that any conditions or impairments of full-time firefighters were caused by certain occupational cancers which occurred while on the job. Cancers covered are non-Hodgkin’s lymphoma, colon cancer, skin cancer, and multiple myeloma. A new law passed by the General Assembly this year expands the list of cancers to which the presumption applies to include leukemia and testicular cancer.

Senate Bill 1569 sponsored by Bailey , Akbari, Gardenhire, Swann, Reeves, Bowling, Gilmore, Kyle, Lamar, Massey, Rose, Stevens, White / Public Chapter 1091 / July 1, 2022

Strengthening protections for police and service animals — Legislation known as Joker’s Law passed this year to strengthen the penalty for anyone who harms a law enforcement or service animal in Tennessee. The new law increases the penalty for anyone who knowingly and unlawfully kills a police dog, fire dog, search and rescue dog, service animal or police horse. Offenders would now be charged with a Class B felony. Anyone between the ages of 14 and 17 who kills or causes serious injury to one of those animals could also be tried as an adult. Previously, killing a law enforcement service animal was a minimum Class E felony. The law is named in honor of Joker, a K-9 with the Bradley County Sheriff’s Office who was seriously injured after being shot during a pursuit last year.

Senate Bill 2013 sponsored by Bell, Pody, Crowe, Johnson, Niceley, Reeves / Public Chapter 1106 / July 1, 2022

Funding for ambulance services — Legislation passed this year extends the ground ambulance assessment for another year through June 30, 2023. The bill could generate over $20 million for local ground-based ambulance services throughout the state.

Senate Bill 1872 by Yager, Bowling / Public Chapter 1052 / Section 2, 4, 6 July 1, 2022

Other

Standing up for Israel – A new law prohibits a public entity from entering into a contract with a company unless the contract includes a written certification that the company is not currently and will not for the duration of the contract be engaged in a boycott of Israel. It includes an exemption for contracts with a total value less than $250,000 and contractors with fewer than 10 employees.

The law is the strongest anti-BDS legislation in the country. The Boycott, Divestment and Sanctions (BDS) movement promotes boycotts, divestments and economic sanctions against Israel.

Senate Bill 1993, sponsored by Watson, Kelsey, Bailey, Bell, Crowe, Gardenhire, Haile, Hensley, Jackson, Massey, Pody, Powers, Reeves, Roberts, Rose, Southerland, Stevens, Walley, White, McNally, Bowling, Yager, Johnson / Public Chapter 775 / July 1, 2022

13May

Walley: Standing up for American Exceptionalism and Free Exchange of Ideas

Standing up for the values that make America exceptional – including civil discourse, the benefits of a democratic republic, and opposing ideological indoctrination – was paramount to the legislature and to me during our recent session. That is why I sponsored and supported several related bills to promote and protect civic education and freedom of thought and speech in Tennessee education institutions.

Virtues of American Government

A new law I co-sponsored requires students in grades 9-12 to be taught the virtues of capitalism and the constitutional republic form of government of the United States and Tennessee. It calls for these forms of government to be compared to other political and economic systems such as communism and socialism.

While capitalism and our constitutional republic aren’t perfect systems, they are far superior to any alternatives. Many American men and women have sacrificed their lives to protect these governing systems, and it is extremely important our students in Tennessee understand the virtues of our American government over other governing systems.

Combatting indoctrination in higher education

Another new law which I was proud to support will protect students and employees at public universities from being forced to believe or embrace divisive concepts. It stipulates that students or employees at public higher education institutions must not be penalized, discriminated against, or adversely treated due to the student’s or employee’s refusal to endorse divisive concepts. The bill also prohibits public universities from requiring training programs that include divisive ideological concepts.

At higher education institutions ideas and beliefs should be expressed freely as our young citizens explore and make sense of the world around them. Professors and administrators should not be allowed to impose their own beliefs on impressionable young Tennesseans, and this law aims to ensure that won’t happen.

UT Civics Institute

Last week, Governor Bill Lee signed legislation I co-sponsored to establish the Institute of American Civics at Tennessee’s largest public university. The new law locates the institute within the Howard H. Baker, Jr. Center for Public Policy on the campus of the University of Tennessee-Knoxville. The 2022/2023 budget allocates $6 million for the project.

The Institute is designed to serve as a robust marketplace of ideas for all students and faculty. Members of the board of fellows for the institute will include professors or administrators, former elected officials affiliated with different political parties, and members of the board of the Howard H. Baker, Jr. Center.

The seven objectives for the institute are to:

Foster a deeper understanding of the structures and institutions of federal, state, and local government.
Further the understanding of the principles and philosophies that contributed to the foundation and development of the United States and the state of Tennessee.
Promote civil discourse and constructive debate.
Enhance education in the fields of politics, economics, philosophy, American history, American government, and other related fields as appropriate, with a focus on the rights and responsibilities of American citizenship; fundamental democratic principles; and the ways in which those principles are expressed in and through our federal, state, and local institutions.
Provide nonpartisan resources to students, faculty, state government agencies, educators, and the general public regarding civic affairs.
Foster civic engagement through full and fair discussions that promote civil dialogue among those holding conflicting points of view.
Assist in ensuring that the University of Tennessee serves as a robust marketplace of ideas for all students and faculty.

I am proud to stand for the principles outlined in these bills. As our State Senator, I will continue to stand up for freedom of ideas and the virtues and principles of American democracy.

22Apr

Tax relief, public safety and education highlight fiscally responsible budget passed by General Assembly

(NASHVILLE) April 22, 2022 – The state budget led a host of important bills approved by lawmakers this week as the 2022 legislative session begins to close. The General Assembly, which is looking to adjourn next week, has completed the majority of its business with most of the remaining action pending on bills that were behind the budget due to their cost.

This year’s no-debt budget highlights lawmakers’ continuous efforts to cut taxes for Tennesseans, maintain fiscal responsibility, ensure public safety and prioritize education. It invests $52.58 billion in the state of Tennessee for the 2022/2023 fiscal year, with total legislative initiatives making up $84.1 million recurring and $570.8 million in non-recurring expenditures.

To maintain fiscal responsibility, lawmakers are making a $250 million investment in the state’s Rainy Day Fund, which serves as Tennessee’s savings account to withstand economic downturns. This allocation raises the fund to a historic level of $1.8 billion. Another key conservative component of this budget is that $1.3 billion of Tennessee’s $3 billion revenue surplus is set aside for future use. Additionally, the budget uses the surplus for many one-time expenditures to prevent the growth of state government but still provide resources and relief to important initiatives.

“Because of Tennessee’s record of fiscal responsibility, all expenditures in the budget are paid for with cash,” said Senator Bo Watson (R-Hixson), Chairman of the Senate Finance, Ways and Means Committee. “Budgets in lean times are difficult. Budgets in times of great prosperity are even more difficult because you have to make real decisions about the best use of our dollars when there is an abundance of money. I am proud of the work we have done on this budget and am confident we are making sound investments that will benefit the state of Tennessee for decades to come.”

In this budget, Republican lawmakers continued their commitment to Tennessee taxpayers by ensuring citizens can keep more of their hard-earned money. With additional tax and financial relief appropriated by the General Assembly, Tennesseans will be able to recognize a total of $281 million in tax and financial savings in the 2022/2023 fiscal year.

“Many years of sound fiscal management have strengthened Tennessee’s economy and propelled the state into a strong fiscal position,” said Senate Majority Leader Jack Johnson (R-Franklin). “We have been able to cut taxes year after year while state revenues continue to go up, which is remarkable. Our commitment to being a low-tax state has been a driver in economic growth, and I am proud we are able to return $281 million to Tennessee taxpayers this year.”

Everyday Tennesseans will benefit from the financial and tax relief provided in this year’s budget. As proposed by Governor Lee, it includes $80 million for a grocery sales tax holiday for August 2022. Lawmakers also wanted to ensure there was financial relief in the budget that only Tennesseans could take advantage of and not out-of-state residents who shop and do business in Tennessee, so the budget provides $121.6 million to eliminate the state’s $29 license plate registration fee for one year.

Lawmakers allocated $9 million to continue their multi-year commitment to eliminate the professional privilege tax. This appropriation will remove the annual $400 tax physicians pay in order to practice their profession. In 2019, lawmakers passed legislation eliminating the professional privilege tax for 15 licensed professions.

Another significant tax cut includes $68 million for a sales tax reduction on broadband supplies. This tax reduction will incentivize companies to accelerate the deployment of needed broadband services to rural communities.

Other reductions in taxes added by the legislature are $2.8 million to reduce sales tax on agricultural machinery and equipment to mirror tax reductions that manufacturers in Tennessee currently receive and $360,000 to eliminate a tax on gold, bullion and silver.

Because Republican lawmakers take great care when allocating taxpayer dollars to large initiatives, after much consideration the Senate voted to remove a budget item proposed by Governor Lee to issue a $500 million bond to help complete a new covered stadium that would be home to the Tennessee Titans. Senate Republicans expressed concerns about the wisdom of such a large investment in a sporting venue. Ultimately, the proposal was added by the House of Representatives and the final version of the budget included the $500 million bond authorization for the Titans stadium and $55 million recurring to cover the debt service.

“The Senate was always uncomfortable with the Titans bond authorization. That was clear both on the floor and in committee. But ultimately, with a $52 billion budget you cannot let perfect be the enemy of good,” said Lt. Governor Randy McNally (R-Oak Ridge). “This budget continues the fiscally responsible tradition Tennessee is known for across the nation. We have fully funded the priorities of our people while providing much needed tax relief. Our rainy day fund stands at historic levels. We are well positioned not only for today but also well prepared for whatever awaits us in the future. This is a budget all Tennesseans can be proud of.”

Education

Education remains a top priority in the 2022/2023 budget. It includes the largest increase in K-12 education funding in the history of Tennessee. With an additional $1 billion in K-12 funding, Tennessee is investing a total of $6.5 billion in K-12 education. This includes $750 million for the Tennessee Investment in Student Achievement (TISA) Act, along with $125 million to increase teacher salaries. The General Assembly also provided $20 million for Humphrey County Schools to cover losses from devastating floods last year.

Many significant investments in higher education were made including:

$200 million for TCAT infrastructure improvements
$643,500 to increase middle college scholarships from $1,250 to $2,000 per semester
$19.4 million to alleviate TCAT Waitlist
$500 million to CTE grants for high school and middle school students
$88 million for GIVE and HOPE expansions bringing the scholarship award to $5,700 per year for juniors and seniors and $4,500 per year for freshman and sophomores
$90 million for the outcomes-based funding formula
$66.3 million for a 4% salary increase within higher education
$18 million to build a new TEST hub at UT Martin

Public Safety

To ensure Tennessee remains a great place to live, work and raise a family, lawmakers made significant investments in public safety. A $25 million appropriation was included in the budget for key legislation protecting victims of violent crimes and providing true accountability for those who commit crimes. This “truth in sentencing” legislation requires a person convicted of certain violent offenses to serve 85% to 100% of their sentence before becoming eligible for release.

Lawmakers added $7.5 million in one-time money to the $500,000 proposed by the governor for competitive grants to be awarded to volunteer fire departments and rescue squads for equipment and supplies, bringing the total to $8 million. Also added by the legislature was $6 million to increase the per day rate paid to local jails from $39 per inmate per day to $41.

Other investments in public safety include:

$365 million for the law enforcement training academy
$100 million for crime prevention
$43.2 million to increase correctional officers’ salaries to $44,520
$16 million for 100 new state troopers
$4.2 million for 20 additional TBI agents to help combat human trafficking, cyber security, narcotics, and more
$25.3 million for evidence-based programming in seed grants
$9 million for educational technology in local jails
$1.2 million total to add 11 more assistant district attorneys general
$800,000 to raise the retirement benefits for highway patrol and commissioner officers
$3.6 million for security measures and personnel at TCATs

Health and Welfare

Taking care of the most vulnerable populations in Tennessee continued to top the list of priorities for the General Assembly in 2022. The budget allocates funds for mental health treatment centers, drug rehabilitation, the adult health care safety net and Alzheimer’s and dementia caregivers.

Details on these budget initiatives include:

$5.5 million for mental health treatment centers
$2 million for Naltrexone which has been an effective treatment in drug courts
$5 million for the adult health care safety net
$1 million per year for a 3-year pilot program for respite care for Alzheimer’s and dementia caregivers
$3 million to establish an education and dental safety net fund pilot program that will serve 33 counties devoid of dental services
$9.7 million for salary raises for DCS caseworkers to combat hiring challenges
$1 million to the Jason foundation to address suicide rates

Grants

The budget also includes $17 million for grants to be distributed statewide for important initiatives. These include:

$1 million to senior centers
$900,000 to the Epilepsy Foundation
$500,000 to Big Brothers Big Sisters
$3 million to county fairs
$5 million to Volunteer Fire Departments (repeated from public safety)
$2 million to search and rescue squads (repeated from public safety)
$1 million to DIDD for universal changing tables
$10 million to the Winds of Liberty Museum for military veterans

In Brief…

Expanding opportunities for state investment through proposed Constitutional Amendment

A resolution to allow the state of Tennessee to expand its investment opportunities and maximize the value of revenues from Tennessee taxpayers was given approval from the Tennessee Senate on Wednesday. After three readings on the floor of the Senate, Senate Joint Resolution 913, sponsored by Senator Ferrell Haile (R-Gallatin), received unanimous approval, exceeding the minimum two thirds supermajority of votes required to pass, which is the first step to enshrining the law to the Tennessee Constitution.

Currently, the Tennessee Constitution prohibits the state from investing in stocks or funds. Therefore, the state can only invest its funds in debt instruments, such as U.S. bonds, notes and treasury bills. An amendment to the Tennessee Constitution is necessary in order to change this law and recognize greater returns on investments of taxpayer dollars.

The resolution will now go to the House of Representatives for approval. If it is passed by the General Assembly this year, it would need to pass by a two-thirds majority again in the 113th or 114th General Assemblies, in order to appear on the ballot for a statewide referendum in November 2026. The amendment would become part of the state constitution if adopted by a majority vote in the governor’s election.

Protecting the U.S. southern border and building the wall — The Senate this week passed House Joint Resolution 652 urging congress to complete a secure border wall on the U.S. southern border. The resolution states the General Assembly “strongly support[s] the completion of the secure border wall across our nation’s southern border and strongly urge[s] the United States Congress to immediately act to fund the construction of such border wall without delay.”

Enhancing integrity of elections — The Senate this week gave final approval to a bill aimed at enhancing the integrity of elections. Senate Bill 2675 by Leader Jack Johnson (R-Franklin) revises and expands the manner in which the Secretary of State and county election commissions must audit state and local elections. Under the bill starting in 2024, the secretary of state must randomly select at least three counties to audit after the August election; and after each November election, the secretary of state must randomly select at least six counties to audit. The bill also includes a provision that requires hand recount audits of paper ballots in Williamson County, which uses ballot marking devices that allow voters to cast their vote on a machine that prints out a paper ballot. The Heritage Foundation has ranked Tennessee third in the nation on a recently released election integrity scorecard. With the help of this legislation and other efforts, the state is working on claiming the top spot.

Truth in Sentencing — The Senate this week passed truth in sentencing legislation that requires a person convicted of certain violent offenses to serve 100% of the sentence imposed before becoming eligible for release. Senate Bill 2248, sponsored by Lieutenant Governor Randy McNally (R-Oakridge) and Senator Jon Lundberg (R-Bristol), ensures criminals convicted of 9 different offenses including first degree murder, criminally negligent homicide, aggravated vehicular homicide, especially aggravated kidnapping would have to serve 100% of their sentence undiminished by any sentence reduction credits for which the person is eligible or earns. A person convicted of one of these 9 offenses could still earn credits that can be used for increased privileges, reduced security classification, or for any purpose other than the reduction of the sentence imposed by the court. Under the legislation, another 16 offenses require 100% of the sentence to be served unless the inmate earns a satisfactory program performance. In these cases, a person can receive credits for a GED or job training. These credits would be used for parole eligibility once a person has served a minimum of 85% of their sentence. Last year, state lawmakers approved truth in sentencing reform for 31 crimes historically targeting women and children.

Strengthening protections for police and service animals — The Senate this week passed legislation known as Joker’s Law that would strengthen the penalty for anyone who harms a law enforcement or service animal in Tennessee. Sponsored by Sen. Mike Bell (R-Riceville), Senate Bill 2013 increases the penalty for anyone who knowingly and unlawfully kills a police dog, fire dog, search and rescue dog, service animal or police horse. Offenders would now be charged with a Class B felony. Anyone between the ages of 14 and 17 who kills or causes serious injury to one of those animals could also be tried as an adult. Under present law, killing a law enforcement service animal is a minimum Class E felony. The bill is named in honor of Joker, a K-9 with the Bradley County Sheriff’s Office who was seriously injured after being shot during a pursuit last year.

Restitution for children of victims of DUI offenders — Legislation that provides restitution for minor children when a parent is killed by a drunk driver now heads to the governor’s desk for his signature. Passed by the Senate this week, Senate Bill 2103 by Sen. Bell requires the convicted offender to pay restitution in the form of child maintenance to each of the victim’s children until each child reaches 18 years of age and has graduated from high school. The bill requires the court to determine a reasonable payment after considering factors including the financial needs of the child and the financial needs of the surviving parent, among other criteria.

Cracking down on mail-order abortions — The Senate this week voted to approve legislation that creates criminal and civil penalties for anyone who provides abortion-inducing drugs through telemedicine and subsequently supplies those drugs via courier, delivery or mail service. Abortions via mail have become increasingly common since the Federal Drug Administration approved telehealth and mail distribution of abortion-inducing drugs in 2020. Current law in Tennessee already bans mail-order abortions. Senate Bill 2281 by Sen. Bell strengthens current law and patient safety measures by putting further restrictions on the use of telemedicine and courier delivery. The bill intends to keep patients from developing serious, life-threatening complications during an unsupervised chemical abortion at home. The bill creates a Class E felony for anyone who intentionally, knowingly, or recklessly violates this act. Failure to comply with this act provides a basis for a civil action against a healthcare provider.

Streamlining reporting system for dangerous road conditions — The Senate passed a bill this week that aims to make it easier for citizens to report road hazards and settle claims with the state when vehicles are damaged on state-maintained highways. Sponsored by Sen. Becky Massey (R-Knoxville), Senate Bill 2678 requires the state treasurer to work with the Tennessee Department of Transportation to develop and implement a centralized information system for the reporting of dangerous road conditions. It expands the authority of the state treasurer to settle citizens’ claims when personal property is damaged by road hazards such as potholes. The state received 1,800 claims for pothole and road hazard damage in 2021 and of those, only 12 were settled.

Banning dangerous drug sales — Sponsored by Sen. Bell, Senate Bill 1997 bans in Tennessee the sale of tianeptine, which is marketed as an antidepressant and attaches to the receptors in the brain similar to opioids. Also known by its street name ‘Zaza Red’, the drug creates withdrawal similar to heroin, and has not been approved by the Federal Drug Administration for use in any way. The legislation was drafted to apply to all possible substances meant to replicate tianeptine. The bill cleared the Senate this week.

Establishing task force on judicial redistricting — The Senate this week voted to approve Senate Bill 2011 by Sen. Bell, which establishes an advisory task force that will recommend a proposed statewide redistricting plan every 10 years. The task force will be appointed by the Speakers of the Senate and House, and consist of 14 members, including trial court judges, district attorneys, public defenders, and citizen members as well as the chairs of the Senate Judiciary Committee and House Civil Justice Committee. The task force must be established by July, 2025 and submit its findings by January, 2027 in order for the legislature to be able to address judicial redistricting before the next judicial election in 2030.

Ensuring judicial integrity — To ensure the integrity of judges in Tennessee, Senate Bill 2478 by Sen. Bell adds two new qualifications for the job. The first is being in good standing with the Board of Professional Responsibility, and the second is not having been publicly censured, suspended or disbarred from the practice of law by the Board of Professional Responsibility within 10 years before the judge’s term of office for dishonesty, fraud, deceit or misrepresentation. The bill applies to judges of the Supreme Court, court of appeals, chancery courts, circuit courts, criminal courts and others, and is set to take effect Oct. 1, 2022.

Keeping obscene materials off school computers — Present law requires students to be prohibited from accessing pornography and other obscene materials on school computers. Senate Bill 2292, sponsored by Sen. Bell and approved by the Senate this week, ensures vendors that contract with schools comply with the law and take steps to block inappropriate content. If a provider fails to comply with the bill, then a local education agency (LEA) may withhold further payments to the provider and ultimately consider non-compliance a breach of contract. The bill also requires each local board of education to establish a mechanism for parents to report a failure of the technology selected by the LEA to prevent access to harmful materials, and submit an annual report to the state board of education on the successes or failures of the technology. The bill applies to all future contracts.

Funding for ambulance services — The Senate this week passed Senate Bill 1872 by Sen. Ken Yager (R-Kingston), which extends the ground ambulance assessment for another year through June 30, 2023. The bill could generate over $20 million for local ground-based ambulance services throughout the state.