(Nashville, Tenn.), March 17 — The Judiciary Committee this week passed a “truth in sentencing” bill that requires a person convicted of certain offenses to serve 100% of the sentence imposed before becoming eligible for release.

Senate Bill 2248 applies to 14 violent crimes, including aggravated assault, vehicular homicide, attempted first degree murder where the victim suffers great bodily injury and aggravated robbery, to name a few.

“Truth in sentencing is something we aspire to across the board because sentences range wildly from East Tennessee to West Tennessee and Middle Tennessee,” said Sen. Jon Lundberg (R-Bristol), a co-sponsor of the bill. “Truth in sentencing is positive for victims, it’s positive for perpetrators and it’s positive for judges as well.”

Under the bill, there will be no release eligibility for a person who committed an applicable offense on or after July 1, 2022. The person would serve 100% of the sentence imposed by the court undiminished by any sentence reduction credits for which the person is eligible or earns. The person can 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.

The Fiscal Review Committee estimates the bill will increase state expenditures by $40.6 million. The bill will next be reviewed by the Finance, Ways and Means Committee.

“I believe Truth in Sentencing is critically important. It protects victims and provides true accountability for those who commit crimes,” said Lt. Gov. Randy McNally (R-Oak Ridge), the sponsor of the bill. “I am grateful for the Judiciary Committee’s vote on the bill and look forward to the Senate Finance Committee delving into the cost of the bill, which I believe is justified to keep violent criminals behind bars and law-abiding Tennesseans safe.”

Judiciary Committee passes Mental Health Treatment Act of 2022

Passed by the Judiciary Committee this week, the Mental Health Treatment Act of 2022 (Senate Bill 2806) would expand mental health court treatment programs statewide.

The goals of mental health treatment court programs created under the bill are the following:

• Reduce the use of jail and prison beds and other correctional services by offenders with mental health disorders by diverting them into treatment programs.
• Improve court efficiency by substituting a problem-solving model for traditional criminal court processing and linking defendants to effective treatment and supports for mental illness.
• Improve the quality of life of people with severe and persistent mental illnesses and increase their participation in effective treatment.
• Promote the public safety by reducing the incidence of crimes committed as a result of mental health disorders.
• Promote effective interaction and the use of resources among local criminal justice agencies and community agencies.

The programs will be administered by the Department of Mental Health and Substance Abuse Services.

“Our goal is to hold people accountable and try to get their lives back on track so they won’t be a subsequent offender,” said bill sponsor Sen. Kerry Roberts (R-Springfield). “We’ve seen great success with this so we’re simply extending this to people who have mental health issues. There are some very specific program needs these people have and putting this into a court that has an emphasis on this I think will have an absolutely outstanding outcome for the state of Tennessee.”

Retired Judge Dan Eisenstein echoed those points when he testified before the Judiciary Committee Wednesday.

“Mental health courts work,” he said. “They’re fiscally responsible. They’re the right thing to do. It actually does reduce recidivism of folks who come into the court. … This [bill] gives the opportunity for more and more counties in the state to develop these courts.”

Committees begin TISA discussions

This week saw the first in a series of legislative discussions on Gov. Lee’s proposed Tennessee Investment in Student Achievement (TISA) program. Education Commissioner Penny Schwinn and other officials presented and fielded questions from members of the Finance, Ways and Means as well as Education committees during a joint meeting Monday.

The proposed legislation would change Tennessee’s public education funding formula for the first time in more than 30 years from a district-based model to a student-based model.

Starting in the 2023-24 school year, TISA would invest an estimated $9 billion in education funding for the state, including state and local funds, which would include an additional recurring state investment of $1 billion.

Schwinn said TISA is designed to empower each student to read proficiently by third grade, prepare each high school graduate to succeed in the postsecondary program or career of the graduate’s choice, and provide each student with the resources needed to succeed, regardless of the student’s individual circumstances.

TISA would award each school district a base amount of $6,860 per student meant to cover the basics of education such as teacher and staff salaries, facility operations and much more.

There would be additional funding weights for students who need more support, such as those who are economically disadvantaged or have a disability, among other criteria. The formula would provide “direct funding” for programs that offer students learning opportunities beyond everyday classroom instruction, as well as outcomes-based funding for districts that meet certain goals.

Fast-growing districts would also see additional funding for infrastructure such as new buildings and school buses.

For the base funding and the weights for students who need extra support, the state would cover 70% while local funding would pick up 30%. The direct and outcomes-based funding would be entirely covered by the state.

Schwinn said districts will receive more money under this formula than they would under the existing Basic Education Program assuming stable enrollment.

In 2014, Gov. Bill Haslam put together a task force that spent a year studying potential changes to the current formula. That task force came up with a series of recommendations that look very similar to the ones in TISA, Schwinn said.

Since that time, thousands of Tennesseans have provided input on the formula and helped shape the proposed legislation.

“One of the things we know is really important when we’re thinking about reconstructing a state formula is we listen to the feedback of those who are in the state serving in schools now and what is going to be best for students, what is going to move our state forward on behalf of children,” Schwinn said.

Bill increases middle college scholarship

Sponsored by Sen. Ken Yager (R-Kingston), Senate Bill 2081 increases from $1,250 to $1,625 the amount awarded each semester to a full-time student receiving the middle college scholarship. The bill, which would take effect next semester, passed through the Education Committee this week.

The program allows eligible high school juniors to attend college while they are going to high school. When they graduate from high school they’ll also receive their Associate’s Degree from their local community college. Roughly half of Tennessee’s community colleges participate in the program about 403 students currently receive the scholarship.

“The program gives some of our brighter and academically strong students a leg up on their education,” said Sen. Yager. “It’s a great enrichment tool for many of our counties that don’t have the funds for other enrichment opportunities for academically strong students. It’s been very successful.”

Sen. Yager said the way the law is currently written, students who elect to participate in the middle college program forego the Tennessee Promise Scholarship, which helps high school graduates cover postsecondary institution tuition costs. That leaves middle college participants having to pay their own way through the program.

“What I’ve been trying to do in a conservative incremental fashion is to create a scholarship, which we’ve done, and then to incrementally raise that to an equivalency with the Tennessee Promise,” said Sen Yager, noting the Tennessee Promise Scholarship is currently $2,000 per semester. “We’re almost there.”

Senate greenlights study on impact of utility-scale solar

The Tennessee Advisory Commission on Intergovernmental Relations is set to study the overall effect of utility-scale solar energy developments in the state following the Senate’s passage of Senate Bill 2797 this week.

“This will be a broad study that will give us direction as to how we as a state need to approach this burgeoning industry,” said Sen. Page Walley (R-Bolivar).

Topics to be included in the study include short-term and long-term projections on the amount of acreage needed to accommodate utility-scale solar development, hazardous waste materials that may exist in equipment, and federal regulatory requirements regarding decommissioning and managing equipment used in utility-scale solar energy development.

The legislation is a supplement to a bill passed by the Senate last week that includes protections for landowners who lease their property to solar farms.

In Brief:

Ukraine —The Senate this week unanimously passed House Joint Resolution 927, which honors the people of Ukraine for defending their country against Russian invasion.

The Senate and House also passed Senate Joint Resolution 1147, which urges disconnecting Russian banks from the Society for Worldwide Financial Telecommunication (SWIFT), expelling Russian diplomats from the U.S. and banning Russian imports.

Noah’s Law— The Senate this week passed Noah’s Law (Senate Bill 2182), which seeks to expedite the Amber Alert process for children in danger.

The bill is in response to a 2021 incident in which then three-year-old Noah Clare was abducted by his non-custodial father and taken from Tennessee to California. It took the Tennessee Bureau of Investigation (TBI) 11 days to issue an Amber Alert once the child was reported missing because the case did not meet certain criteria. Clare was found safe on the 11th day of the search.

The bill allows a custodial parent under certain circumstances to seek an emergency court order declaring the child to be in imminent danger of serious bodily injury or death, and orders the noncustodial parent to return the child to the custodial parent immediately.

Local Government Tax Revenue —The Department of Revenue has a 1.125% service fee when collecting and redistributing the sales tax of local governments. Since the service fee of 1.125% was introduced in the 1960s, Senate Bill 160, passed by the Senate this week, tasks the Department of Revenue to conduct an annual study to find the current cost to process the tax revenue. The study will help legislators consider lowering the fee in the future, which would redirect a substantial amount of tax revenue back to the counties.

Consumer protection— Passed by the Senate this week, Senate Bill 2279 requires a business that allows someone to sign up for a service or subscription online to provide a clear way to end or cancel the subscription online without any additional steps. If a company violates the Act, then the individual who suffered a loss may bring civil action for damages.

Residential blasting— The Senate passed Senate Bill 2055, which updates blasting requirements, including adding safety processes and protocols. According to bill sponsor Speaker Pro Tempore Sen. Ferrell Haile (R-Gallatin), residential blasting has become a neighborhood concern.

“This bill will lower vibrations, increase communications with the public, clean up and remove standards that have been on the books since 1975,” Haile said.

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(Nashville, Tenn.), March 11— Legislation aimed at expanding access to broadband internet in rural communities advanced through the Commerce and Labor Committee this week.

Building on successful legislation passed on 2017, Senate Bill 2034 would allow rural electric and community services cooperatives to provide broadband services outside their service area to people who do not purchase electricity from the cooperative. Existing law makes such allowances for telephone and telecommunication service, but not broadband.

The bill also includes a “good neighbor provision” ensuring cooperatives work in concert with neighboring utilities as they provide broadband service to new customers, and removes a prohibition on cooperatives providing alarm services.

“These changes are sensible and the time to make them is now,” said Sen. Mike Bell (R-Riceville). “Electric cooperatives are the only private companies in the state that have any type of territorial restrictions on where they can provide broadband.

“At a time when we need more options to get people connected not less, it only makes sense to allow our electric cooperatives the same ability as every other private company that provides broadband in our state,” Bell continued. “This bill does that and it builds on the successful strategy we implemented in 2017.”

The General Assembly in 2017 passed the Tennessee Broadband Accessibility Act, which de-regulated Tennessee’s electric cooperatives and allowed them to serve broadband to their electric customers. Since that time, electric cooperatives have invested hundreds of millions of dollars in broadband projects and changed the lives of tens of thousands of Tennesseans who never would’ve been able to access internet without their cooperative taking this bold action, said Bell.

“Every Tennessean should be able to access the internet, not just those who live in our large cities,” Bell said.

“Noah’s Law” advances through committee

“Noah’s Law,” which seeks to expedite the Amber Alert process for children in danger, is one step closer to becoming state law.

The Judiciary Committee this week unanimously passed Senate Bill 2182, sponsored by Speaker Pro Tempore Sen. Ferrell Haile (R-Gallatin). It now goes to the full Senate for consideration.

The bill is in response to a 2021 incident in which then three-year-old Noah Clare was abducted by his non-custodial father and taken from Tennessee to California. It took the Tennessee Bureau of Investigation (TBI) 11 days to issue an Amber Alert once the child was reported missing because the case did not meet certain criteria. Clare was found safe on the 11^th day of the search.

The bill does not change Amber Alert criteria, but allows a custodial parent under certain circumstances to seek an emergency court order declaring the child to be in imminent danger of serious bodily injury or death, and orders the noncustodial parent to return the child to the custodial parent immediately.

The bill lists five findings for issuing an emergency court order, and when that happens, the clerk of the court must immediately send a copy of the order to the law enforcement agency investigating the report case and to TBI.

The bill does not limit the authority of a law enforcement agency to investigate a report of a missing child, notify local media about a missing child, or issue any form of missing child alert.

Committee advances legislation addressing school staffing challenges

A bill that would help school districts across Tennessee address ongoing staffing challenges advanced through the State and Local Government Committee this week.

Senate Bill 2702 would allow 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.

“This issue was brought to my attention by local school directors. Working with the Tennessee Department of Treasury, we’ve come up with a solution to help the schools in my district and across Tennessee,” said Sen. Ken Yager (R-Kingston). “Teachers, substitute teachers and bus drivers are especially needed and many retirees are ready and willing to help. This bill will remove the barriers to making that happen.”

Currently, some retired members of TCRS can return to work but only for a maximum of 120 days. This bill would remove that limit as long as each retiree that participates is 60 or more days past their retirement date.

Legislation ensures pornography and obscene materials are blocked on school computers

Present law requires students to be prohibited from accessing pornography and other obscene materials on school computers. Senate Bill 2292, approved by the Health and Welfare Committee this week, ensures vendors that contract with schools comply with the law and take steps to block inappropriate content.

“This bill is about the vendors the state signs contracts with and whether or not that vendor will abide by our state law,” said bill sponsor Sen. Mike Bell (R-Riceville). “This just says from now on any new contracts signed going forward those companies have to prohibit our students from accessing inappropriate material.”

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, if signed into law, will apply to all future contracts.

Senate passes protections for landowners leasing property for solar farms

The Senate this week passed Senate Bill 1925 to protect landowners leasing property for solar farms.

As the Tennessee Valley Authority (TVA) works toward its goal of producing 10,000 megawatts of solar by 2035 — a goal that will require roughly 80,000 acres of land —, landowners across West Tennessee and beyond are being approached by prospective leasers.

“We want to make sure there are some protections for our landowners and our communities if there is a natural disaster and if and when these solar farms have to be decommissioned,” said Sen. Page Waley (R-Bolivar), the bill’s sponsor.

The bill requires grantees to remove the solar power facility when their lease ends and restore the land to as close as reasonably possible the condition it was in before the agreement. The plan for doing so must be outlined in a detailed report.

The bill also requires specific forms of financial assurance be included in the solar power facility agreement, and does not prohibit a local government from regulating solar power facilities pursuant to its zoning authority.

Sen. Walley said the bill reflects a consensus between the Tennessee Farm Bureau and the Solar Energy Industries Association.

Two bills aim to expand emergency services personnel

The Senate this week passed two bills aimed at expanding emergency services personnel in Tennessee.

Senate Bill 1966 creates two new categories of emergency first responders to assist EMTs in responding to emergencies, driving ambulances and engaging in limited medical interventions.

“Ambulance services have seen a consistent workforce shortage before the pandemic and the shortage has increased by the pandemic,” said Sen. Ed Jackson (R-Jackson), the sponsor of the bill. “This legislation seeks to address that problem by easing barriers to joining emergency response teams.”

The two new classes of emergency services personnel created by the bill are an emergency medical responder (EMR) and emergency medical services – apprentice (EMS-A).

The former role successfully completed an EMR training course and has qualified by examinations to perform lifesaving interventions and to assist higher-level personnel at the scene. The latter does not possess an EMS license to provide emergency medical care in Tennessee, but meets all other requirements for operating an emergency vehicle.

The EMS-A or EMR must obtain licensure as an Emergency Medical Technician (EMT), or, in the case of an EMS-A, as an EMR, within 12 months of the EMS-A’s initial employment date.

Senate Bill 1908/House Bill 1956 by Sen. Jon Lundberg (R-Bristol) expands a pilot program established by the General Assembly four years ago. That program allows for up to 15 EMT/AEMT training centers be operated by licensed ambulance services.

This bill makes the pilot project a regular program and doubles to 30 the number of allowable training centers. The Senate also passed an amendment to the bill urging ambulance services operating such training centers to pursue partnerships to increase the capacity of the state to prepare EMTs, AEMTs and paramedics.

Bill seeks to return tax revenue to local governments

The Finance, Ways, and Means Committee advanced legislation this week that could pave the way for more than $20 million in tax revenue returning to Tennessee counties.

The state Department of Revenue has long charged a 1.125% fee to process local option sales tax. Lowering that fee to 0.5%, as has been proposed in the past, would free up an estimated $20.2 million each year that could be sent back to the counties.

Such a move would allow Davidson County to reclaim $5.3 million, Hamilton County to get back $2.07 million, Rutherford County to receive $2.1 million, and Maury County to recover $563,000 each year.

Senate Bill 160 does not propose a new fee, but would require the Department of Revenue to produce a report on the cost of processing sales tax revenue. That report could then be the basis for future conversations about a potential fee change.

The 1.125% processing fee was imposed in the 1960s for costs associated with handling and processing the envelopes, paper forms and paper checks collected each month from businesses across the state. The cost of such work is likely significantly lower now that computers handle it.

“We’re trying to look at the actual cost so we can determine what a proper fee would be for the Department of Revenue,” said Sen. Richard Briggs (R-Knoxville), the sponsor of the bill. “This bill could allow more funds to come back to the counties in the future. It’s their tax money to begin with.”

TDOE Releases Additional Explainer Resources for TISA, the Tennessee Investment in Student Achievement

The Tennessee Department of Education released additional Tennessee Investment in Student Achievement (TISA) resources explaining how the proposed student-based public school funding formula will update the way Tennessee funds public education for the first time in over 30 years.

Starting in the 2023-24 school year, the TISA would invest an estimated $9 billion in education funding for the state, including state and local funds, which would include an additional recurring state investment of $1 billion. The TISA is designed to empower each student to read proficiently by third grade, prepare each high school graduate for postsecondary success, and provide resources needed to all students to ensure they succeed.

“The Tennessee Investment in Student Achievement would put the funding focus on students and give Tennesseans clear information to understand how districts and schools are using funding to help our students succeed,” said Commissioner Penny Schwinn.

Many helpful resources are available at FundingforStudentSuccess.org including:

• What is Student-Based Funding?: An animated video gives an overview of a student-based formula and how it would serve Tennessee students.
• Subcommittee Recommendations: This presentation provides a snapshot of recommendations collected from each of the 18 subcommittees during the statewide engagement process.
• Base Funding: This overview explains how and why student-based funding starts with a base amount for each student.
• Funding Weights: This overview explains how students’ individual education needs are supported through funding weights.
• Direct Funding: This overview explains how direct funding goes toward specific programs.

Last fall, Governor Lee announced the state would review its public school funding formula. The Tennessee Department of Education and the General Assembly convened 18 funding subcommittees, organized a legislative steering committee, and provided over 1,000 opportunities for the public to engage, including 16 public town halls and local match conversations across the state. This January, Gov. Lee and Commissioner Schwinn released a draft framework for the new student-based K-12 funding formula, which incorporated input from thousands of Tennesseans.

To learn more about student-based funding, Tennessee’s recent public engagement process and subcommittee recommendations, and to access additional resources, visit the department’s website.

In Brief:

Litter— Senate Bill 2012 increases penalties for illegal dumping of tires. The bill 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.

Sen. Mike Bell (R-Riceville) said the bill is in response to an uptick of illegal dumping of tires in Bradley County and other parts of the state in recent months.

Veterans — Disabled veterans currently do not pay property tax on the first $175,000 of the home value. Senate Bill 1795, which cleared the State and Local Government Committee this week, would increase that threshold to $200,000.

“I think these heroes need something for their service and their sacrifice for our country,” said Sen. Bill Powers (R-Clarksville). “These are the people who need the breaks in today’s economy. These are the people who laid down their lives for our country and they should be applauded, they are certainly heroes.”

Another bill passed by the Senate this week, Senate Bill 2486, allows for public universities to grant in-state tuition to military-affiliated students regardless of where they reside.

Israel— Passed by the Senate this week, Senate Bill 1993 prohibits public entities from entering into contracts with companies boycotting Israel. An amendment to the bill defines Israel as the state of Israel and the Israeli controlled territories.

“I just think it’s extremely important for this body to send a message that we stand strong with the nation of Israel”, said co-sponsor Sen. Brian Kelsey (R-Germantown).

The bill includes exemptions for contracts totaling less than $250,000 and contractors with fewer than 10 employees.

Traffic safety— Senate Bill 2367 allows a person convicted of speeding to take a defensive driving course within 90 days of their conviction. After successful completion of the course, the person may have up to five points on their license removed. This bill may be applied to only one speeding offense for each driving course completed and only once in a four-year period.

Criminal offenses— Senate Bill 2683 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. The bill was passed by the Senate this week.

Long-term care facilities— Senate Bill 2574 requires long-term care facilities to allow patients at the end of their lives to see visitors during emergencies such as the COVID-19 pandemic. It was by the Health and Welfare Committee this week.

“We’ve seen too many people in nursing homes who’ve died alone and I hope we never see that happen again with any kind of emergency,” said Sen. Joey Hensley (R-Hohenwald).

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(NASHVILLE, Tenn.), March 4, 2022 — Tennessee currently offers a compensation program for families of first responders killed in the line of duty. Senate Bill 278, passed by the Senate this week, expands the definition of a law enforcement officer in the program to also include deputy jailers, retroactive to March 1, 2020.

Under the program, families of first responders killed in the line of duty receive a $250,000 annuity paid over five years in $50,000 installments.

“Deputy jailers risk their lives to serve Tennessee and their families deserve compensation in the unlikely event of a tragic loss of life,” said Sen. Paul Rose, (R-Covington), the bill’s sponsor. “That compensation will go a long way to helping those families adjust to their new normal.”

The estimated fiscal impact of the bill is “not significant” because the Finance Administration Committee budgets for seven deaths of law enforcement officers in the line of duty each year, Rose said. He noted there were two deputy jailer deaths while on duty in 2020 and none between that year and 1996 in Tennessee.

Residency requirement for U.S. Senate, House of Representatives passes in Senate

The Senate this week voted to establish an immediate three-year residency requirement to run in Democratic or Republican primaries for U.S. Senate and House of Representatives.

The Tennessee State Constitution requires seven years of residency in the state to run for Governor, five years of residency to run for judge or district attorney, and three years of residency to run for the State Senate or House. But the state and U.S. Constitution are silent in regard to residency for U.S. Senate or House of Representatives candidates, according to Sen. Frank Niceley (R-Strawberry Plains), who sponsored the bill.

“The constitution is silent on this issue,” Niceley said. “When the constitution is silent, the states can do what they want to do.”

Senate Bill 2616 does not prohibit anyone from running for U.S. Senate or House of Representatives; it only applies to primary elections for those offices.

A proposed House amendment to the bill would make the residency requirement take effect after the upcoming general election.

Committee advances “strongest anti-BDS legislation in the country”

Legislation described as the “strongest anti-BDS legislation in the country” received unanimous approval by the State and Local Government Committee this week. The Boycott, Divestment and Sanctions (BDS) movement promotes boycotts, divestments and economic sanctions against Israel.

Senate Bill 1993 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. The bill includes an exemption for contracts with a total value less than $250,000 and contractors with fewer than 10 employees.

“This legislation is vital because there is an effort here in the United States and in the state of Tennessee to have our taxpayer dollars subsidize the movement to boycott Israel,” said Ari Morgenstern, senior director of policy and communications for Christians United for Israel, who testified before the committee Tuesday. “Before you is the strongest legislation of its kind in the United States.”

The bill next goes to the full Senate for consideration.

Bill would allow TEMA to use drones for emergency response

The Judiciary Committee on Tuesday passed a bill that would allow the Tennessee Emergency Management Agency (TEMA) to use drones to aid in emergency response efforts. Current state law prohibits the agency from doing so.

Senate Bill 2428 would permit TEMA to use drones to survey the scene of a catastrophe or other damage, coordinate a disaster response, conduct damage assessments of property and infrastructure following a disaster, and help with search and rescue efforts.

“This is a very necessary bill,” said Sen. Kerry Roberts (R-Springfield), a co-sponsor of the bill. “Drones are an efficient, low-cost quick-response tool. This will help Tennessee complete damage assessments faster and enable requests for federal assistance to be completed quicker.”

The bill would allow images captured for damage assessment to be retained no more than one year unless the disaster has been declared a major disaster by the president of the United States, in which case the images may be retained for a designated period of time by the Federal Emergency Management Agency (FEMA) for data related to the assessment, according to Roberts.

Legislation seeks to repeal R&D amortization provision in Tax Cuts and Jobs Act

A bill proposing to repeal the research and development amortization provision in the federal Tax Cuts and Jobs Act advanced through the Finance, Ways and Means Committee this week.

Since 1954, the revenue code has allowed businesses to deduct research and development expenses in the year in which they were incurred. But that changed in January of this year, when the federal Tax Cuts and Jobs Act took effect. That law requires companies to amortize research and development costs over five years instead of deducting them immediately each year.

“Businesses investing in research activities will experience a higher liability on the short term and frankly it will significantly impair private investment into research and development,” Sen. Ken Yager (R-Kingston) said of the federal amortization provision. “It could have a chilling effect on the economies of communities where research and development is prominent.”

Senate Bill 2397 would allow companies to continue the current practice of deducting research expenses as incurred.

Bill would lower tuition costs for out-of-state military

Passed by the Education Committee this week, Senate Bill 2486 would allow active-duty military and veterans living outside of Tennessee to be eligible for in-state tuition rates.

The bill specifically authorizes the boards of state universities to choose to offer in-state tuition to veterans. Current law requires veterans to live in the state, though their formal residence may be out of the state, to receive in-state tuition.

The bill would apply to active-duty military, U.S. Army Reserve, members of the National Guard and Reserve Officers’ Training Corps cadets.

“The bill would provide public universities the opportunity to decrease out-of-pocket tuition costs for military students and increase their own ability to recruit these students from across the country,” said Sen. Richard Briggs (R-Knoxville), the sponsor of the bill.

Committee paves way for impact fee in Maury County

The State and Local Government Committee this week passed legislation allowing Maury County, the fastest growing county in the state and fourth fastest growing county in the country, to impose an impact fee on new residential development in the county.

Senate Bill 1840 stipulates revenue from the impact fee would have to be spent on construction or renovation of schools, public facilities or other related infrastructure. The fee could be up to $3 per square foot, and could be raised every four years.

“The bill only applies to Maury County because they need help funding schools and infrastructure because of their rapid growth,” said Sen. Joey Hensley (R-Hohenwald), the sponsor of the bill. “The impact fee will help pay for costs expected to be incurred by the new development.”

A county legislative body seeking to impose an impact fee must approve a resolution by a two-thirds vote of the body at two regular meetings held at least 90 days apart.

Two other counties in the state have imposed an impact fee, including neighboring Williamson County, according to Hensley.

In Brief

Human trafficking — Passed by the Senate this week, Senate Bill 1378 changes the age of a victim of a Class A felony offense of trafficking for a commercial sex act from under 15 years of age to between the ages of 13 and 17. 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.

Road safety — The Senate unanimously approved the Hannah Eimers Memorial Tennessee Roadside Safety Hardware Act (Senate Bill 1671), which requires robust safety testing of crash cushions and guardrail end terminals located on public highways and roads.

The bill 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.

COVID-19 liability protection — The General Assembly in 2020 passed Gov. Lee’s Tennessee Recovery and Safe Harbor Act, which provides COVID-19 liability protection to businesses, schools, churches and other entities. Senate Bill 2448, passed by the Senate this week, extends the termination date of the act from July 1, 2022 to July 1, 2023.

Constables — All law enforcement has a mechanism to address criminal or unethical conduct among the ranks, except constables. Senate Bill 1782, approved by the Senate this week, establishes a mechanism to do just that. Under the bill, whenever a constable is arrested or indicted for a felony or specific misdemeanors, a court judge may put the constable on administrative leave or even remove them from office. The constable would be provided a right to a hearing, and the right to appeal by a court of appeals.

Opioid antagonists — Senate Bill 2572, passed by the Senate, enables a broader distribution of opioid antagonists such as naloxone, which are used to reverse drug overdoses. Roughly 40 states have passed similar bills, according to sponsor Sen. Rusty Crowe, (R-Johnson City).

Fentanyl-test strips — The Senate voted in favor of Senate Bill 2427, which would legalize fentanyl-test strips to prevent drug overdoses. Such devices, which are used to determine if a sample contains the opioid, are currently classified as “drug paraphernalia” in Tennessee.

Proposed by Gov. Lee, the bill would be in effect for three years, at which point lawmakers would determine if it has been effective and will remain on the books or not.

Foster youth — A bill aimed at enhancing the support system for youth in foster care cleared the Senate this week. Senate Bill 2398 proposes the state reimburse eligible relatives of foster youth to support the cost of raising the child. It would also expand eligibility to ages 18-21 for foster youth who are transitioning from state custody to adulthood to access services.

Coal — The Senate on Thursday adopted a joint resolution requesting the Tennessee Valley Authority maintain operation of its coal-fired plants until a reliable backup to the power grid is developed.

Wakesurfing — The Senate this week approved regulations on wakesurfing outlined in Senate Bill 2107. The bill prohibits wakesurfing 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.

“This bill makes wakesuring safer, it doesn’t abolish it,” said Sen. Ken Yager (R-Kingston), the sponsor of the bill. “Large wakes can at times be very dangerous. They’re contributing to substantial soil erosion along many of our riverbanks and the shorelines of our lakes, they’re damaging many docks along the rivers and lakes of Tennessee, and in fact there are many instances of people in the water in front of their property who have been injured by these large wakes.”

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(NASHVILLE, Tenn.), February 24, 2022 – Tennessee Governor Bill Lee and Tennessee Department of Education Commissioner Penny Schwinn on Thursday released the details of the Tennessee Investment in Student Achievement (TISA) Act (SB2396) that would transition Tennessee’s K-12 public schools to a student-based funding approach. Starting in the 2023-24 school year, the TISA would invest an estimated $9 billion in education funding for the state, including state and local funds, which includes $1 billion in new recurring state funds and $750 million in one-time state funds this year.

The TISA will update the way Tennessee funds public education for the first time in over 30 years to empower each student to read proficiently by third grade, prepare each high school graduate for postsecondary success, and provide resources needed to all students to ensure they succeed. Under the TISA districts would receive more than they would under the BEP should enrollment remain stable. Access an overview PowerPoint presentation of the TISA and associated bill language here. To learn more about the student-based funding formula go here.

“The Tennessee Investment in Student Achievement formula will be a powerful tool the state can use to ensure we are putting all students on a path to success,” said Gov. Lee. “By serving our students well and giving the public greater insight into how their tax dollars are supporting students, the TISA represents an exciting opportunity to improve educational outcomes, strengthen our workforce and propel Tennessee forward.”

“Updating our public education funding model is an investment in our state’s students and our state’s future,” said Commissioner Penny Schwinn. “Months of public feedback highlighted how committed Tennesseans are to strengthening how we fund public education, and the TISA puts the focus of education funding right where it belongs – on students.”

The Tennessee Investment in Student Achievement is a student-based funding formula that will include the following proposed investments for each of these components:

• $6.6 billion for base funding for every public school student.
• $1.8 billion in additional funding to be allocated based on weights to address specific student needs.
• $376 million in direct funding for students to receive additional funding allocations to support specific programs, like tutoring.
• $100 million in outcomes funding to be awarded based on achievement to empower schools to help all students reach their full potential.

Additionally, the TISA has reporting and district accountability requirements, including an annual TISA report delivered to the Tennessee General Assembly by the department and individual district-level accountability reports to be submitted by local school boards to the department to establish goals for student achievement in the current school year, explain how the goals can be met within the local budget, and describe how the local budget and expenditures for prior school years enabled districts to progress student outcomes.

Computer science requirement gets committee approval

Legislation that would require all Tennessee public schools to offer computer science training was approved by the Education Committee this week.

“I think we’d all agree there are very few jobs out there today and certainly into the future where you will not be working with computers in some form or fashion,” said Senate Leader Sen. Jack Johnson (R-Franklin). “Furthermore, we know from our employers in the state and jobs we’re recruiting — we have a real lack of people going into the computer science field. I think it’s good to get these kids at a younger age exposed to computer sciences and those interested may choose to pursue it further.”

Senate Bill 2406 would require the State Board of Education to adopt comprehensive computer science education standards by the 2023-2024 school year. It would require every high school student to complete a full year of computer science education in order to graduate, starting with freshmen in the 2024-2025 school year. Additionally, every middle school student would be required to receive at least one course in computer science education while elementary students would be required to receive age-appropriate computer science education.

At the high-school level, the legislation intends for the computer science requirement to be in lieu of — not in addition to — an existing math or science requirement to be determined by the Board of Education.

Johnson said computer science courses may include rudimentary coding as well as lessons on how computers work and the technology behind them.

Currently about half of Tennessee public schools offer computer science training, Johnson said. As stipulated in the bill, the other half of schools not currently offering such training would be provided the resources to do so for free by the Department of Education.

Bill proposes to legalize fentanyl-test strips

The Judiciary Committee this week approved a bill that would legalize fentanyl test strips to prevent drug overdoses. Such devices, which are used to determine if a sample contains the opioid, are currently classified as “drug paraphernalia” in Tennessee.

“Senate Bill 2427 is very important for Tennessee, especially East Tennessee, where we’ve had a very large number of deaths from drug overdoses,” said co-sponsor Sen. Richard Briggs (R-Knoxville). “This bill legalizes a tool that can help save lives from drug overdoses in our state.”

Briggs said studies show that when fentanyl test strips are distributed, roughly 80% of those who use them discover the drug they’re intending to use contains fentanyl, which can be lethal in small doses. The studies show many of those people then modify their behavior by discarding the drug, taking a smaller dose or pursuing other safety measures, Briggs said.

Proposed by Gov. Lee, the bill would be in effect for three years, at which point lawmakers would determine if it has been effective and will remain on the books or not.

Per the bill, fentanyl test strips would still be considered illegal drug paraphernalia if found on those involved in selling or manufacturing controlled substances.

Briggs said 10 states have legalized fentanyl test strips, 15 other states never classified the devices as “drug paraphernalia” while another group of states is actively considering similar legislation.

Committee advances Hannah Eimers Roadside Safety Act

The Transportation and Safety Committee this week passed the Hannah Eimers Memorial Tennessee Roadside Safety Hardware Act. Senate Bill 1671 would require robust safety testing of crash cushions and guardrail end terminals located on public highways and roads.

The bill 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.

Bill sponsor Sen. Becky Massey (R-Knoxville) said there was no independent safety testing of the guardrail that killed Eimers. While that particular guardrail design has since been replaced throughout Tennessee, the bill ensures there is adequate safety testing moving forward.

“We don’t want to have something like this happen ever again,” said Massey. “We want to make sure we’re doing everything we can to have reliable testing and safety for our roads in Tennessee.”

The bill requires safety testing according to the standards established by the federal highway administration. Also, if the manufacturer makes a change to a crash cushion or guardrail end terminal that’s been installed, it must notify the state for a safety retest.

Legislation would create Tennessee Center for Nursing Advancement

A bill advancing through the committee process would create the Tennessee Center for Nursing Advancement to address nursing workforce needs. The center would be within East Tennessee State University in conjunction with Ballad Health.

Proposed by Gov. Lee, Senate Bill 2401 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 public policy considerations. There is currently no common database for nursing shortages.

“The national shortage of nursing is a major public health threat,” said Sen. Rusty Crowe (R-Johnson City), a co-sponsor of the bill. “I am so proud that our region is leading the effort to develop data-driven solutions for the nursing shortage so we can take care of the people in our state. I believe the Tennessee Center for Nursing Advancement at ETSU will become a national resource.”

ETSU/Ballad have already pledged $10 million for the startup of the center, and Gov. Lee’s proposed budget includes $1 million a year for management of the center.

The Education Committee passed the bill this week. Next it will be reviewed by the Finance, Ways and Means Committee.

In Brief:

COVID-19 vaccine exemptions — The Senate also passed a bill that will codify medical and religious exemptions for COVID-19 vaccine mandates.

Last year, President Joe Biden issued an executive order requiring healthcare workers at facilities participating in Medicare and Medicaid to be fully vaccinated against COVID-19. The order, which was initially enjoined by federal courts before being upheld as constitutional by the U.S. Supreme Court, included provisions that compel applicable employers to honor religious and medical exemptions.

Senate Bill 1823 proposes to codify into state law the executive order’s medical and religious exemptions for COVID-19 vaccination mandates. The bill also goes a step further in assisting those seeking such an exemption by providing a state enforcement mechanism.

Age-Appropriate Materials Act of 2022 — The Senate this week passed the Age-Appropriate Materials Act of 2022 (Senate Bill 2407) requiring public schools to post online a list of the materials in their libraries. The bill also creates a required standardized review framework to ensure school library collections are periodically evaluated for age-appropriateness.

Should a school find a material is not age-appropriate based on student, parental or employee feedback, then the school would have to remove it. The decision is ultimately up to the school in conjunction with the school board.

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(NASHVILLE, Tenn.), February 17, 2022 – The Education Committee this week passed legislation requiring public schools to post online a list of the materials in their libraries. Proposed by Gov. Bill Lee, the Age-Appropriate Materials Act of 2022 (Senate Bill 2407) now goes to the full Senate for consideration.

“This bill simply sets forth a framework for all of our public school libraries to use to make sure parents and other stakeholders, including teachers and school board members, have a way to find out what is in the public school libraries,” said Senate Majority Leader Sen. Jack Johnson (R-Franklin), the bill’s sponsor. “This bill ensures public school libraries contain only materials that are age-appropriate for students across Tennessee.

“This bill does not ban any book. It does not compel any board or any school to ban a book,” Johnson continued. “Many schools already publish lists of their library materials. This is widely acknowledged to be a best practice.”

The bill also creates a required standardized review framework to ensure school library collections are periodically evaluated for age-appropriateness. Currently, classroom textbooks and instructional materials used in Tennessee public schools are vetted for age-appropriateness and standards alignment through the textbook review, approval and adoption process. But there is no such standardized process for the review of public school library collections.

The bill requires each local board of education and public charter school governing body to adopt a policy establishing procedures for the review of school library collections. Each policy must include a procedure for schools to receive and evaluate feedback from students, parents, and school employees about materials in the library collection.

Should a school find a material is not age-appropriate based on student, parental or employee feedback, then the school would have to remove it. The decision is ultimately up to the school in conjunction with the school board.

“If it passes, this bill sends a message that the General Assembly believes in the ability of parents to know and to be able to review those materials in a library and then have an appropriate framework through which they can provide feedback,” Johnson said.

Judiciary Committee advances legislation supporting foster youth

The Judiciary Committee this week unanimously passed legislation aimed at enhancing the support system for youth in foster care.

Senate Bill 2398 proposes the state reimburse eligible relatives of foster youth to support the cost of raising the child. It would also expand eligibility of 18- to 21-year-olds who are transitioning from state custody to adulthood to access services.

“There’s a motto here in our state that Tennessee fosters hope and this bill does just that,” said Sen. Page Walley (R-Bolivar), a co-sponsor of the bill. “This bill is a step in the right direction I believe for our kids, our families and our state.”

There are many relatives of foster youth who would like to care for the child, but lack the means to do so, according to Walley. To keep foster children in the care of relatives in such situations, this bill proposes reimbursing the relative caregiver 50% of the full foster care rate for the care of the child if certain conditions are met.

“This would keep these kids in family without them coming into state custody and experiencing the trauma that ­can occur,” said Walley.

The second provision of the bill expands eligibility for state services among foster youth who have aged out of the foster care system at age 18 and until the age of 21. Under present law, foster youth between those ages can continue to receive services provided they are in school. This bill would allow youth in the job market to also be eligible for those benefits. The move would extend benefits to as many as 300 additional foster youth a year, according to Walley.

“The traditional college-bound journey doesn’t apply to many if not the vast majority of youth who are in this situation,” he said. “These kids want to work and can work and want to remain connected with the support and wrap-around services the Department of Children’s’ Services provides.”

Bill seeks to codify medical, religious exemption for COVID-19 vaccine

Last year, President Joe Biden issued an executive order requiring healthcare workers at facilities participating in Medicare and Medicaid to be fully vaccinated against COVID-19. The order, which was initially enjoined by federal courts before being upheld as constitutional by the U.S. Supreme Court, included provisions that compel applicable employers to honor religious and medical exemptions.

Senate Bill 1823 proposes to codify into state law the executive order’s medical and religious exemptions for COVID-19 vaccination mandates. The bill also goes a step further in assisting those seeking such an exemption by providing a state enforcement mechanism.

Under the federal order, those wishing to obtain an exemption must hire an attorney and work with the Equal Employment Opportunity Commission to challenge the requirement, according to Senate Majority Leader Sen. Jack Johnson (R-Franklin), the bill’s sponsor. This bill would allow those seeking an exemption to also work with the Attorney General, who could then take civil action against that employer if they fail to honor the exemption.

Johnson said the medical exemption can be obtained via a note from a Tennessee physician while the religious exemption can be obtained simply by declaring a strongly held religious reason for not getting vaccinated.

“That’s where it ends and then the employer must honor that request,” Johnson said. “The bill puts some teeth to make sure these employers in Tennessee are honoring the exemption request as provided for in the executive order.”

TISA Legislation Launches on Feb. 24 with Presentation from Gov. Lee and Commissioner Schwinn

Tennessee Governor Bill Lee and Tennessee Department of Education Commissioner Penny Schwinn will share legislation for the new student-based funding formula, known as the Tennessee Investment in Student Achievement formula (TISA), on Thursday, February 24. Tennesseans will have access to a livestream presentation that breaks down key aspects of the legislation and funding proposal. Details about the presentation will be announced next week.

“After an extensive process with input from thousands of Tennesseans, we are on the cusp of achieving an updated approach to public education that prioritizes students and invests in the future of Tennessee,” said Gov. Lee. “I thank our partners in the General Assembly who have worked with us for months to improve the way we fund public schools, and I have every expectation that we will get this done during the current legislative session.”

“From the start of the public engagement process, Tennesseans from across the state have weighed in and developed a strong vision for how to best fund public education,” said Commissioner Penny Schwinn. “Under the TISA, we will put the funding focus on students and give Tennesseans clear information to understand how districts and schools are using funding to help our students thrive.”

For the first time in over 30 years, the TISA will update the way Tennessee invests in public education by moving to a student-based funding formula, including the following components:

• Student-based funding starts with a base funding amount for every public-school student.
• Additional funding may then be allocated based on weights to address individual student needs.
• Direct funding is another opportunity for students to receive additional funding allocations to support specific programs, like tutoring.
• Outcome incentives are awarded based on student achievement to empower schools to help all students reach their full potential.

In January, Gov. Lee and Commissioner Schwinn released a draft framework for the new student-based K-12 funding formula, which incorporated input from thousands of Tennesseans. Starting last fall, the Department of Education and the General Assembly convened 18 funding subcommittees, organized a legislative steering committee, and provided over 1,000 opportunities for the public to engage, including 16 public town halls and local match conversations across the state.

To learn more about student-based funding, Tennessee’s recent public engagement process and subcommittee recommendations, and to access additional resources, visit the Department of Education’s website.

Senate approves ranked choice voting ban

A ban on ranked choice or instant runoff voting in state and local elections (Senate Bill 1820) was passed by the Senate this week.

Ranked choice voting is a voting method in which voters rank candidates by preference. The candidate with a majority of first-preference votes wins. If no candidate wins a majority of first-preference votes, then the candidate with the lowest preference is eliminated and their votes are redistributed among the remaining candidates. The process repeats until a winner is identified.

“It’s a very confusing and complex process that ultimately leads to lack of confidence in the vote totals,” said Sen. Brian Kelsey (R-Germantown), who sponsored the bill. “It also leads to reporting results in a process that’s difficult, slow and costly.”

To that point, Kelsey said the Oakland 2010 mayoral election, which utilized ranked choice voting, had 10 recounts, 11% of ballots were thrown out, and the winner still didn’t get 50% of the vote. New York City’s mayoral election last year, which also used ranked choice voting, saw eight recounts, 13% of ballots thrown out, and the winner won with just 31% of the votes cast.

“This bill does away with that process and ensures that confusion doesn’t come to Tennessee,” Kelsey said.

In Brief:

Staff Sgt. Ryan C. Knauss Memorial Highway — The Transportation and Safety Committee passed Senate Bill 2038, which names a segment of the Tazewell Pike in Knox County as the “Staff Sgt. Ryan C. Knauss Memorial Highway.”

A Knoxville native, Knauss made the ultimate sacrifice on Aug. 26, 2021 in Kabul, Afghanistan. He was tragically killed while helping American citizens and Afghan refugees escape the country amid the withdrawal of American forces and personnel.

“He was a true hero,” said Sen. Becky Massey (R-Knoxville). “Many Tennesseans regularly travel this road, and when we do we’ll think of Ryan and the sacrifice he made.”

New state song — The Senate named “I’ll Leave My Heart in Tennessee” by Bluegrass group Dailey and Vincent, written by Karen Staley, as an official state song. It is Tennessee’s 11^th official state song.

Human Trafficking training — The Senate voted in favor of Senate Bill 1670, which requires all school personnel, instead of only teachers, be trained at least once every three years on the detection, intervention, prevention, and treatment of human trafficking in which the victim is a child.

Residency requirements — Senate Bill 2616 would prohibit a person from being nominated as a candidate for U.S. Senator or member of the U.S. House of Representatives unless the person has voted in the three previous elections in this state. The bill cleared the State and Local Government Committee this week.

The Tennessee State Constitution requires seven years of residency in the state to run for Governor, five years of residency to run for judge or district attorney, and three years of residency to run for the State Senate or House. But the state and U.S. Constitution are silent in regards to residency for running for a seat in the U.S. Senate or House of Representatives, according to Sen. Frank Niceley (R-Strawberry Plains), who sponsored the bill.

“The constitution is silent on this issue. When the constitution is silent, the states can do what they want to do,” Niceley said.

Disabled license plates – Passed by the Transportation and Safety Committee, Senate Bill 2301 requires the design of disabled license plates to incorporate the color scheme, base design, and details used on the standard registration and license plate.

“Integrating the standard registration plates with disabled license plates will bring the state into compliance with the most integrated setting regulations of the ADA, which enables individuals with disabilities to interact with non-disabled persons to the fullest extent possible and really doesn’t set them apart as far as identifying it separately,” said Sen. Becky Massey (R-Knoxville), who sponsored the bill.

The bill would become effective Jan. 21, 2023.

State Park maintenance – The Energy, Agriculture, and Natural Resources Committee this week signed off on Senate Bill 2418, which establishes the State Parks Hospitality Maintenance and Improvement Fund. Each fiscal year, the bill would require at least 2% of the gross revenue created by park facilities to be deposited into the fund, which will be used for maintenance expenses.

“The fund will allow the Department of Environment and Conservation to sustain maintenance and replacement costs through self-funding rather than requesting regular allocations from the general fund for those expenses,” said Sen. Steve Southerland (R-Morristown), a co-sponsor of the bill. “We’re trying to make the parks self sufficient.”

Sen. Janice Bowling (R-Tullahoma) said: “There had been no designated funding to do the routine maintenance and we have found ourselves behind the curve with so many of our premier state parks. This bill will help fix that problem.”

Tourism – Senate Bill 2436 authorizes the commissioner of tourist development to develop and implement activities, grants, and programs that foster the growth of tourism in Tennessee. Passed by the Energy, Agriculture, and Natural Resources Committee, the bill also designates the department of tourist development as the department responsible for the implementation and administration of all marketing and promotion, tourism partner services, and economic development projects.

Local Education Agencies — The Senate this week passed Senate Bill 503, which entitles Local Education Agencies to reimbursement for the cost of providing health or medical services to eligible students. Payment will come from the Department of Finance and Administration.

“This will help stop a hemorrhage of funds from our LEAs,” said Sen. Ken Yager (R-Kingston), a co-sponsor of the bill. “This is really a good piece of legislation that will help the kids and our school districts.”

Crime — Senate Bill 1807 adds rape to the list of offenses for which a defendant is not eligible for probation under the Tennessee Criminal Sentencing Reform Act of 1989. The bill was passed by the Judiciary Committee this week.

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