Campaign ethics reform passes first hurdle to increase accountability for political organizations

(NASHVILLE) April 7, 2022 – As Senate committees continue to finalize their business for the 112th General Assembly, the Judiciary Committee approved legislation to enhance protections for victims of human trafficking and abuse. Important legislation to shine light on political organizations advanced in the Senate State and Local Government Committee this week, and Senators continued to present their proposals for budget appropriations amendments to the Appropriations Subcommittee. Additionally, the Senate Finance, Ways and Means Committee heard testimony from the Tennessee Department of Education on how the Tennessee Investment in Student Achievement (TISA) Act, which has been proposed by Governor Lee to alter the state’s education funding formula, will affect the state’s finances.

State and Local Government Committee votes in favor of transparency and accountability to campaign finance laws

The Senate State and Local Government Committee voted unanimously to provide common sense measures that will increase transparency and accountability in the political process. Senate Bill 1005, sponsored by Lt. Governor Randy McNally (R-Oak Ridge) and Senator Ferrell Haile (R-Gallatin), will require state candidates to report all contributions and expenditures regardless of the amount.  It will also require all in-kind contributions to be reported.

Under the legislation, any PAC that registers must submit a valid government photo ID to the Registry for each officer, treasurer of the committee, and at least one person who directly controls expenditures. This change would go into effect July 1, 2022.

“For too long political action committees have been able to exploit loopholes and meager disclosure requirements to cloak their activities,” said Haile, who is carrying the bill. “If you are going to be a player in the process, voters need to know who you are and what you are doing. We require a government ID to vote; this bill requires a government ID to open a PAC. When mistakes are made and lines are crossed, those responsible must be held accountable.”

The additional sunshine this bill provides will increase accountability for campaign operatives and offer more transparency for voters so they can make truly informed decisions.

“I have been proud to work with Speaker Sexton, Speaker Pro Tem Haile and Rep. Whitson on this legislation to increase transparency and accountability in the realm of campaign finance,” said Lt. Governor McNally. “While no new legislation can prevent a bad actor from being deceitful or dishonest, I believe this bill will increase openness and accountability where it is badly needed. Voters deserve to know who is pushing the messaging they receive and whose money is behind it. This bill seeks to open up the political process and ensure voters have the information they need to make informed decisions.”

Senate works to halt human trafficking and aid victims

A series of bills aimed at preventing human trafficking and protecting victims of abuse advanced this week.

Passed by the Senate on Monday, Senate Bill 2793 requires the Department of Correction, Department of Mental Health and Substance Abuse Services, and the Department of Human Services to provide mandatory training on the identification, intervention, prevention and treatment of human trafficking victims. The training must be selected by the Human Trafficking Advisory Council and administered annually starting in 2023.

“Human trafficking, which is really modern-day slavery, is a major problem in Tennessee and exists in every county,” said bill sponsor Sen. Becky Massey (R-Knoxville). “We’ve been ranked among the best states in the country in addressing this issue, but there’s still more tools we can put in the toolbelt to fight this horrific crime.”

On average in the U.S., every two minutes a child is bought or sold for sex: 13 years or older is the average age a child is sold and the average lifespan of victims after entering slavery is seven years, Massey noted.

“It’s the second fastest growing criminal industry behind drug trafficking,” she said.

Passed by the Judiciary Committee and sponsored by Sen. Dawn White (R-Murfreesboro), Senate Bill 2740 requires the district attorneys general conference in collaboration with various state agencies to develop recommendations on the creation of multidisciplinary teams tasked with responding to child sex trafficking cases. The teams are intended to enhance services to victims of child sex trafficking, improve the coordination of investigations of such cases, and identify gaps in services.

Similarly, to ensure Tennessee has top-notch services for victims of sex trafficking, Senate Bill 2739 also sponsored by White, tasks the Department of Children’s Services and the Department of Human Services to identify existing resources and gaps in services for victims between the ages of 18 and 24.

Finally, the Senate this week passed Senate Bill 2815, sponsored by Sen. Kerry Roberts (R-Springfield). The bill requires all public school employees working directly with students to complete an annual child abuse training program identified by the Department of Education or that meets the guidelines established by the Department of Children’s Services. The requirement currently only applies to teachers.

In brief…

Working to increase wages for healthcare professionals – The Senate gave final approval to legislation creating a healthcare task force to review the reimbursement of healthcare professionals employed by healthcare agencies in the state. This task force would include studying fair market pay for direct support professionals (DSP), mental health providers, and children’s services workers. Senate Bill 2304, sponsored by Senator Becky Massey (R-Knoxville), works to address the worker shortages and staffing challenges many state providers face, largely due to compensation of these professionals. Massey says the state needs a long-term solution to these staffing challenges. This task force aims to be a part of the solution by doing a deep dive into data trends and compensation rates.

Expanding eligibility for CTE teachers in high schools – Career and Technical Education (CTE) courses have become an important aspect of preparing Tennessee’s high school students for quality, high-paying jobs upon graduating. However, it can be challenging to attract qualified CTE teachers. Senate Bill 2442, sponsored by Senator Mike Bell (R-Riceville), was given final approval this week in the Senate to make it easier for local schools to find CTE teachers. Current law requires CTE instructors to have five years of work experience within the last ten years and requires their license to be from the state of Tennessee.  The legislation allows a person to teach a CTE class if he or she has three years of relevant experience within the last five years and an industry certification from any state.

Increasing access to Tennessee Promise Scholarship – Overachieving students who graduate from high school early are not eligible to receive the Tennessee Promise scholarship upon their early graduation, under current law. The Senate approved Senate Bill 2631, sponsored by Senator Frank Niceley (R-Strawberry Plains), this week to allow hard-working students who graduate early to be eligible to receive the Tennessee Promise Scholarship, which provides students a last-dollar scholarship, meaning the Tennessee Promise will cover tuition and fees not covered by the Pell Grant, the HOPE scholarship, or TSAA funds.

Positioning Tennessee as a leader in blockchain technologies – The General Assembly passed legislation this week that positions Tennessee as an early leader in blockchain businesses. Senate Bill 2854, sponsored by Senator Paul Bailey (R-Sparta), allows for the creation and recognition of decentralized autonomous organizations (DAOs) in the state of Tennessee. A DAO is an organization represented by rules encoded as a computer program that is transparent, controlled by the organization members and not influenced by a central government. The legislation allows DAOs to engage in business in the state, while also positioning Tennessee as a hub for DAOs. Though DAOs are still in early phases of development, there are over $9.5 billion in DAO treasuries and over 5,000 DAOs across the world, with 1.3 million members. But most of these DAOs are not being formed in the United States. This bill seeks to provide clarity in the regulation in order to bring more of these DAOs to Tennessee.

Reinstating work requirements for SNAP benefits – The Senate Health and Welfare Committee voted in favor of legislation sponsored by Senate Majority Leader Jack Johnson (R-Franklin) to reinstate work requirements in order for individuals to receive Supplemental Nutrition Assistance Program (SNAP) benefits, formerly known as food stamps. During the COVID-19 pandemic, the work requirements for SNAP benefits – which require able-bodied individuals between the ages of 18 and 49 to work, train or volunteer for at least 20 hours per week – were suspended. Senate Bill 2071 also makes clear that any waivers to the work requirement issued by the Department of Human Services must have just cause. The bill now moves to the Senate floor for final approval.

Recognizing military service for retirement credit / state employees – To honor the service and sacrifice of military veterans, the Senate State and Local Government committee approved a measure to expand retirement benefits for state employees who served in armed conflicts. At present, the state allows military veterans who served prior to 1975 to receive time served in the military credited to the Tennessee Consolidated Retirement System (TCRS) for up to four years at no cost to the employee. Senate Bill 2057, sponsored by Senator Ferrell Haile (R-Gallatin), adds to the current law by allowing those who served in armed conflicts after 1975 to purchase up to four years of service credit in TCRS. Each year of service credited to TCRS would cost nine percent of their current annual pay. The bill advances to the Finance, Ways and Means Committee.

Offering veterans the day off on Veterans’ Day — Passed by the Senate this week, Senate Bill 2879 by Sen. Paul Bailey (R-Sparta) ensures veterans have the ability to take the entirety of Veterans Day off as a non-paid holiday. The bill defines a veteran as a former member of the armed forces of the United States, or a former or current member of a reserve or Tennessee national guard unit who was called into active military service of the United States.

Providing tax relief for victims of natural disasters – To help aid citizens who experienced damage to their properties following an array of natural disasters in West and Middle Tennessee in 2021, the Senate State and Local Government Committee approved legislation providing tax relief for these victims. Senate Bill 2821, sponsored by Sen. Kerry Roberts (R-Springfield), allows the local legislative bodies in Cheatham, Decatur, Dickson, Dyer, Gibson, Lake, Obion, Stewart and Weakley Counties to provide property tax proration to victims of natural disasters upon a two-thirds approval of its members. Additionally, the measure allows for a sales tax refund on major appliances, residential furniture and residential building supplies for those impacted by the floods in Humphreys County, upon a two-thirds approval of the local legislative body. The legislation uses guidance from previous state action following the 2010 floods in Middle Tennessee and the 2018 wildfires in East Tennessee.

Restitution for children of victims of DUI offenders — In the event a parent of a minor child is killed by an intoxicated driver, Senate Bill 2103 requires the convicted offender to pay restitution in the form of child maintenance to each of the victim’s children until each child reaches 18 years of age and has graduated from high school or the class of which the child is a member has graduated. The bill requires the court to determine a reasonable payment after considering factors including the financial needs of the child and the financial needs of the surviving parent, among other criteria. Sponsored by Sen. Mike Bell (R-Riceville), the bill advanced out of the Judiciary Committee this week. It next goes to the full Senate.

Increasing safeguards for residential child care agencies – Legislation was approved by the Senate this week that was a result of the joint study commission on refugee resettlement issues. Senate Bill 2730, sponsored by Sen. Dawn White (R-Murfreesboro), puts into place additional safeguards of reporting requirements for residential child care agencies (RCCAs). Under the legislation, RCCAs would be required to disclose all contracts in agreement with third parties to provide care, housing and placement for children in Tennessee in order to receive a new license or license renewal. Additionally, it requires the Department of Children’s Services to revoke the license of a facility that provides residential child care if more than two employees or three percent of employees have been charged with criminal offenses related to their job responsibilities and the children for which the agency cares. It also requires an annual report showing the reasons for transfers of children. Lastly, the legislation requires the child care facility to report the names of children who have escaped or disappeared from the RCCA.

Enhancing penalties for burglary — Passed by the Judiciary Committee, Senate Bill 2854 sponsored by Sen. Mike Bell (R-Riceville) increases the penalty for aggravated burglary from a Class C felony to a Class B felony if the home is occupied at the time of the offense. The bill also increases the penalty for an especially aggravated burglary, which is when a victim suffers serious bodily injury during the burglary, from a Class B felony to a Class A felony when the burglary is of a habitation.

xxx