Author: Molly Gormley

Senate suspends business in recognition of Covenant School attack, commits to focus on school safety

(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.

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Gov. Lee announces 2023 priorities in State of the State Address

Lee proposes unprecedented $3.3 billion investment in transportation and infrastructure

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

In Brief…

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Senate prioritizes legislation to protect children

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

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

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

Legislation that would prohibit minors from undergoing irreversible and harmful medical procedures to change their gender identity is one step closer to becoming law. Senate Bill 1, sponsored by Senate Majority Leader Jack Johnson (R-Franklin), was approved in the Health Committee this week. The bill seeks to ban medical interference that alters a child’s hormonal balance and procedures that remove body parts to enable the minor to identify as a gender different from their biological sex.

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

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

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

The legislation advances to the Senate Judiciary Committee.

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

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

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

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

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

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

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

Lawmakers propose bills to make adoption easier

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

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

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

TISA Rules pass Joint Gov Ops Committee

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

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

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

In Brief

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

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

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

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

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

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

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

New legislation aims to make significant improvements to juvenile justice system

Joint Ad Hoc Committee on Juvenile Justice announces its recommendations

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

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

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

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

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

Recommendations  

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

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

Tennessee airport officials request $125 million in state funding

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

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

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

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

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

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

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

In Brief…

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

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

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

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

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

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

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

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

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

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

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Proposed Constitutional Amendment gives Tennessee voters opportunity to create emergency succession plan for office of governor

Vote ‘YES’ on Amendment 2 to the Tennessee Constitution to ensure stability for state executive office

(NASHVILLE) On the November 8 ballot, Tennessee voters will have the opportunity to weigh in on a proposed amendment to the state constitution that establishes a framework for a temporary transition of power for the highest elected official in the state. If approved, the amendment would be invoked if the governor is temporarily incapacitated and unable to perform his or her duties, most likely due to a medical emergency. Tennessee is the only state that does not have a provision in its state constitution to address this issue.

State Senator Becky Massey (R-Knoxville) and House Majority Leader William Lamberth (R-Portland) sponsored this initiative in the General Assembly. Massey says it is critical for a definitive protocol to be in place, just in case.

“In the unusual event the state’s highest elected official is temporarily unable to meet the needs of the office, it is important for the stability of our state that Tennessee’s constitution lays out a clear path for the transfer of power,” said Massey. “It is good practice to plan for all scenarios. I hope we never need to invoke this provision, but if it is ever needed, it will be really needed. It’s time Tennessee joins all other states and adds this provision to our constitution. I urge all citizens to vote “yes” on Amendment 2.”

The initiative will be on the November ballot as Constitutional Amendment 2.

The proposed constitutional provision states that if a governor is unable to perform his or her duties because of temporary incapacitation, then the powers and duties of the governor will be discharged by the speaker of the Senate, who also serves as the Lt. Governor of the state. If it is a planned incapacitation, such as a major surgery, then the governor would declare in writing that the powers and duties of the office will be temporarily discharged by the Senate speaker. If it is an unplanned incapacitation, then a majority of the governor’s cabinet will submit the written declaration.  The acting governor would be authorized to continue to perform the duties of the office until the governor transmits that he or she is able to resume responsibilities.

“We certainly hope this is something we will never need, but it’s necessary to have a plan in place that secures our democracy in such a crisis,” Lamberth said. “Voting “yes” on Amendment 2 will strengthen our constitution and our state government by ensuring there is no extended period in Tennessee where it’s unclear how executive powers are to be carried out.”

If the Senate speaker is acting governor, the speaker will not be required to resign as speaker or as a member of the General Assembly. However, he or she will not preside as speaker or vote as a member in order to maintain separation of powers between the legislative and executive branch and because the Tennessee Constitution does not allow an elected official to hold two offices at the same time.

Other states have used similar provisions only a few times. Most recently, Indiana Governor Frank O’Bannon had a massive stroke, and his office was temporarily assumed until his death.

Tennessee already has a provision in place for the death of the governor. This has only been used once in Tennessee history when Governor Austin Peay died in 1927. He was replaced by Speaker of the Senate Henry Horton.

Proposed Constitutional amendments are presented as yes or no questions. A yes vote is a vote to amend the Constitution and adopt the proposed language in the amendment. A no vote keeps the current language in the Constitution unchanged.

Two things must happen for an amendment to pass and become part of the Constitution. The first is the amendment must get more yes votes than no votes. The second is that the number of yes votes must be a majority of the total votes in the gubernatorial election.

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