Judiciary Committee advances legislation to expand permitless carry law

(NASHVILLE) March 24, 2023 –  The Senate Judiciary Committee voted to strengthen 2nd Amendment rights of Tennesseans this week and approved Senate Bill 1503 to lower the age to legally carry a handgun without a permit in the state from 21 to 18.  The measure also lowers the age from 21 to 18 to obtain an enhanced or lifetime enhanced handgun carry permit.

The legislation is part of an effort to ensure Tennessee’s gun laws are consistent with the recent United States Supreme Court Case, New York State Rifle v. Bruen (2022).

“In Bruen, the Court was clear that the constitutional right to bear arms is a right that pre-exists our nation,” said bill sponsor Sen. John Stevens (R-Huntingdon). “The right of self-defense is not a right granted by government. It was given to us by our Creator. The Founders preserved that right in the Second Amendment.”

The bill now advances to the Senate Finance, Ways and Means Committee.

Legislation strengthens Tennessee’s laws protecting mothers and the unborn  

The Senate Judiciary Committee advanced pro-life legislation to strengthen Tennessee’s laws protecting pregnant women and the unborn. The bill clarifies that doctors should protect the life of a mother when a nonviable pregnancy endangers her life.

Senate Bill 745, sponsored by Sen. Richard Briggs (R-Knoxville), ensures that elective abortions will remain illegal in Tennessee, while clarifying for doctors that terminating a nonviable and life-threatening pregnancy, such as an ectopic or molar pregnancy, is not an abortion. It allows providers to use reasonable medical judgment to determine if a life-saving abortion is necessary.

Tennessee’s current abortion law provides a doctor charged with criminal abortion an affirmative defense for treatment that preserves the life of the mother. Under this exception, if a doctor is charged or prosecuted for performing an abortion, the physician can avoid conviction by proving that, in their good faith medical judgment, the abortion was necessary to prevent the death or irreversible impairment of the pregnant woman. Physicians have raised concerns that the current affirmative defense exception does not adequately protect a doctor who performs a life-saving abortion because it subjects that doctor to criminal prosecution to justify the abortion.

The narrowly tailored bill removes the affirmative defense and replaces it with a strictly-defined exception for life-threatening situations. These changes will make the law less vulnerable to possible court challenges while keeping the original intent of the law intact.

Tennessee Republican lawmakers have made it clear that they are committed to prohibiting abortion on demand in the state.  This bill protects the lives of the unborn as well as the lives of pregnant women experiencing an unfortunate, life-threatening medical emergency.

Proposal establishes Tennessee Juvenile Justice Review Commission

Legislation aimed at finding new solutions for juvenile justice issues in Tennessee advanced out of the Senate Government Operations Committee with a positive recommendation this week. Senate Bill 609 sponsored by Senator Ed Jackson (R-Jackson) would create the Juvenile Justice Review Commission under DCS and the Tennessee Commission on Children and Youth (TCCY) that would be modeled after the Second Look Commission, which reviews severe child abuse cases. The legislation limits the cases to be reviewed by the commission to those involving delinquent adjudications rather than unruly offenses, which fall under social services purview.

“The Juvenile Justice Review Commission will help some of these juveniles that have fallen through the cracks,” said Jackson. “The Commission will also provide the General Assembly with recommendations as to how we can better support delinquent youth in our state.”

If approved, the 15-member commission would meet at least quarterly and would be required to provide the General Assembly with findings and legislative recommendations in an annual report beginning in 2024. The legislation was among multiple recommendations that were made earlier this year by the General Assembly’s Joint Ad Hoc Committee on Juvenile Justice.

Senate Bill 609 now advances to the Senate Judiciary Committee.

Holding violent criminals accountable for their offenses

Two bills advanced out of the Judiciary Committee this week that were a result of the Joint Ad Hoc Committee to Review the Adequacy of the Supervision, Investigation and Release of Criminal Defendants, appointed by the Senate and House speakers in fall 2022. The Committee was formed in response to high profile murders that took place in Memphis last year, which were committed by offenders who had been released early from previous prison sentences. In September 2022, Cleotha Abston Henderson was charged with the kidnapping, rape and murder of Eliza Fletcher – a Memphis school teacher and mother. Henderson had been sentenced to 24 years in prison for previous offenses, but was released four years early despite 54 write-ups and no participation in any programs while incarcerated. If Henderson had not been released early, he would have been behind bars on the day he murdered Eliza Fletcher.

The Ad Hoc Committee made various legislative recommendations to keep dangerous and violent criminals behind bars to protect public safety.

To ensure that sentencing credits are only provided to criminal offenders who have earned the credits with good behavior, the Judiciary Committee approved Senate Bill 806 this week. The legislation sponsored by Sen. Ed Jackson (R-Jackson) requires an offender in custody of the Department of Correction to complete an evidence-based risk and needs assessment and participate in programs recommended by the assessment in order to be eligible for sentencing credits. The assessment will be conducted by counselors to determine an offender’s risk of reoffending and identify appropriate rehabilitative efforts and case management plans. The bill incentivizes participation in risk reduction programming and ensures that offenders earn their sentence reduction credits.

The Judiciary Committee also passed legislation to ensure that all correctional facilities in the state are required to timely report inmates who commit violent or sexual offenses while incarcerated. Senate Bill 1056, also sponsored by Jackson, ensures inmates are accountable for violent offenses. It requires prison wardens or chief administrators to timely report those offenses to the local District Attorney within five business days, so that the crime can be prosecuted. The bill codifies the current Department of Corrections’ process for internally investigating issues within their correctional facilities and sharing that information with the local District Attorney. It also creates a Class A misdemeanor for a warden or chief administrator who fails to meet the reporting requirement.

This bill permits a judge to sentence an offender convicted of a crime committed in prison to serve the sentence consecutively, so their new sentence would not begin until their current sentence has been completed.

The legislation is a result of testimony in the Ad Hoc Committee from the District Attorneys General Conference expressing their concerns with inconsistent reporting among correctional facilities of criminal offenses to law enforcement.

Adding “In God We Trust” to the state seal — Sponsored by Senator Rusty Crowe (R-Johnson City), Senate Bill 420 seeks to add the words “In God We Trust” to the Tennessee state seal. The bill asks the governor, who is the keeper of the seal, to direct the secretary of state to redesign the state seal. The Senate and House would then have to pass a resolution approving of the new design, which would include both Tennessee’s state motto of “Commerce and Agriculture” as well as the nation’s motto of “In God We Trust.”

In 1956, President Dwight D. Eisenhower signed into law “In God We Trust” as the nation’s official motto and mandated that it be printed on all American currency, denoting America’s economic and political prosperity is in God’s hands.

Protecting firearm and ammunition manufacturers – The Judiciary Committee advanced legislation to provide civil liability protection to firearm and ammunition manufacturers to prevent them from being held responsible for illegal acts carried out by criminals using their products. In 2005, the Federal Protection of Lawful Commerce and Arms Act was passed with the intent to protect firearms and ammunition manufacturers from frivolous claims. However, these types of lawsuits have been allowed in state courts, and Senate Bill 822 sponsored by Sen. Joey Hensley (R-Hohenwald) ensures those lawsuits never happen in Tennessee. However, the bill does maintain citizens’ ability to file legitimate claims against bad actors.

According to the Tennessee Department of Economic and Community Development, Tennessee is #1 in the nation for employment in the firearms industry with nearly 8,000 jobs and a $1.1 billion impact to the state’s economy. This legislation will help protect the 20 firearm and ammunition manufacturers in the state and the Tennesseans they employ.

“Having the right to bear arms is meaningless if no one is willing to make those arms,” said Hensley. “This bill will help secure our rights by protecting gun manufacturers from civil liability in Tennessee.”

Keeping inappropriate material out of public schools – In an effort to prevent inappropriate or obscene materials from entering a K-12 public school, the Judiciary Committee passed legislation to create a Class E felony offense for book publishers, distributors, or sellers that knowingly sell or distribute obscene material to a public school. Last year, the General Assembly passed several bills aimed at removing and blocking obscene or inappropriate materials on school computers and in school classrooms and libraries. Senate Bill 1059 sponsored by Sen. Hensley builds on those efforts.

Strengthening Strangulation Sentencing- Senate Majority Leader Jack Johnson (R-Franklin) is sponsoring Senate Bill 213 which seeks to increase penalties for strangulation charges. The bill clarifies that if a victim loses consciousness, the assailant can be prosecuted for attempted first or second degree murder and further adds that if a victim was pregnant at the time of the attack, the offender will be charged with aggravated assault involving strangulation, resulting in a Class B felony. If domestic violence is suspected, a defendant must also take part in evidence-based programming for domestic violence. Finally, criminals who have been charged with assault or aggravated assault involving a first responder may not be released on their own recognizance; the defendant must post bail. This bill will help law enforcement keep criminals behind bars and also protect victims of abuse. The measure was passed by the Judiciary Committee this week and advances to the Senate floor for final consideration.

Disincentivizing escapes at youth development centers – The Senate passed legislation to increase penalties for juveniles in youth development centers who try to escape. Senate Bill 611, sponsored by Senator Page Walley (R-Savannah) allows courts to charge juvenile escapees who are at least 16 years old as an adult and possibly move the juvenile to a Tennessee Department of Corrections facility. Under the bill, the juvenile would only be charged as an adult for the crime of escaping. The legislation is a result of recommendations from the General Assembly’s Joint Ad Hoc Committee on Juvenile Justice, which was co-chaired by Walley.

Psychiatric evaluations for juveniles convicted of animal cruelty – Sen. Walley passed another bill, Senate Bill 183, this week through the Senate which requires a mental health evaluation and potentially court-ordered psychiatric treatment for juveniles convicted of aggravated cruelty to animals. Juveniles who are extremely cruel to animals can be more prone to commit further criminal activity, including homicide, as they become adults.

Stiffening penalties for rape and incest of a minor – The Senate voted to increase jail time for criminals convicted of rape or incest of a minor. Senate Bill 1219, sponsored by Senator Dawn White (R-Murfreesboro), will ensure criminals convicted of rape of a minor will be punished no less than a Range II, or repeat, offender for the Class B felony. Additionally, the legislation raises the penalty for incest with a minor from a Class C to a Class B felony and also requires the criminal to be punished no less than a Range II offender. A Range II offense for a Class B felony is punishable by 12 to 20 years in prison. Comparatively, a Range I offense for a Class B felony is punishable by eight to 12 years in prison.

Compensation for funeral costs for criminal injuries – The Senate passed Senate Bill 1195, also by Lundberg, to expand the list of relatives eligible to be reimbursed for funeral or burial costs for criminal injuries in the event of a victim’s death. The bill adds an aunt, uncle, cousin or blood relative to the list of people who may be compensated for non-reimbursable or unreimbursed funeral or burial expenses.

Protecting parental rights regarding vaccines – The Senate Judiciary Committee approved legislation to prohibit a healthcare provider from giving vaccinations to minors without parental consent. Senate Bill 1111, sponsored by Sen. Janice Bowling (R-Tullahoma), is called the Mature Minor Doctrine Clarification Act. During the COVID-19 pandemic, the Department of Health issued a memo to healthcare providers that cited the Mature Minor Doctrine for authority to provide COVID-19 vaccines to minors without parental consent. After Republican lawmakers raised concerns with the newly authorized shots being given to children without parents’ knowledge or consent, the department reversed course. This legislation clarifies that the Mature Minor Doctrine does not allow vaccinations to be given to minors without consent from their parents.

Assessing financial literacy of Tennesseans — A bill that directs the Financial Literacy Commission to conduct a study to gauge the financial literacy of Tennessee students was passed by the Education Committee this week. Outlined in Senate Bill 668, the study would examine financial education programs in the state and survey those programs available in other states. The Financial Literacy Commission will determine the scope of the study, and submit a report on its findings and recommendations to the General Assembly next year. The bill also recognizes April as Financial Literacy Month to promote financial literacy and help educate Tennesseans on the importance of personal finance. The bill is sponsored by Senator Shane Reeves (R-Murfreesboro).

The study is intended to be a first step to reversing the following statistics: one in eight Tennesseans have student loan debt, the average Tennessean holds more than $83,000 in debt and Tennessee ranks fifth in the nation for personal bankruptcy.

Alleviating the shortage of CTE teachers — Sponsored by Senator Kerry Roberts (R-Springfield), Senate Bill 1438 establishes a scholarship to help address the shortage of career and technical education (CTE) teachers in Tennessee high schools. The scholarship covers the cost of those educators obtaining their teaching license, and applicants have to use all other scholarships and grants provided to them before they can use the funds offered by the program. Roberts said the fiscal note for the bill is ‘not significant’ because the funds have already been appropriated, but are not being spent.

Restitution for injury or damage by dog – Legislation passed the Senate this week to require the owner of a dog that has attacked a person or damaged another’s property to pay restitution for all damages. Currently, judges can only fine a dog owner for this offense. Under Senate Bill 1320, sponsored by Senator Paul Bailey (R-Sparta), dog owners would be required to pay restitution if their dog killed another’s chicken, damaged landscaping, or injured a person, to name a few examples.

Expanding local governments’ access to funds — Senate Bill 927, sponsored by Senator Jon Lundberg (R-Bristol), seeks to help county governments afford HIV treatment for those incarcerated in county jails. It allows local governments to access federal funding specifically allocated for HIV treatment. The bill does not create a mandate, rather a pathway for county governments to choose to use federal funding. Senate Bill 791, sponsored by Senator Rusty Crowe (R- Johnson City), adds emergency services to the list of services for which local governments can use sports betting revenue.

Enhancing transparency of business transactions with the state — The Commerce Committee this week passed a bill by Senator Frank Niceley (R-Strawberry Plains) that would enhance transparency of business transactions with the state. Senate Bill 1284 requires domestic and foreign corporations, limited liability partnerships and other entities to disclose the identity of each incorporator, partner or member of the corporation when doing business with the state, counties or municipalities.

Updating Voting Requirements for Metropolitan Governments – The Senate State and Local Government Committee approved legislation this week that prevents metropolitan governments from requiring supermajority votes on improvements, renovations or the replacement of existing facilities owned by the metropolitan government. Under the bill, a simple majority will suffice. Senate Bill 832, sponsored by Senator Jon Lundberg (R-Bristol), now moves to the Senate floor for final consideration.

Tax relief for disabled veterans – Senate Bill 1367, sponsored by Senator Steve Southerland (R-Morristown), would increase property tax relief that is available to disabled veterans and their spouses in Tennessee. Currently, disabled veterans are reimbursed for property taxes paid on the first $175,000 of their home’s market value. This bill increases the market value threshold to $210,000 starting Jan. 1, 2024. The legislation advanced out of the Senate State and Local Government Committee this week and now moves to the Finance, Ways and Means committee.

Making home renovation projects easier — To make it easier for Tennesseans to complete home renovations amid a challenging economic environment, Senate Bill 1444 raises the cap on projects that require licensed contractors from $25,000 to $50,000. The cap applies to 87 of Tennessee’s 95 counties and hasn’t been adjusted since 2007. If a project is above the $50,000 threshold, then a general contractor’s license is required. The cap is being raised in response to 40-year high inflation rates and 20-year high mortgage rates, causing many Tennesseans to pursue home remodels rather than sell their homes. The bill is sponsored by Senator Kerry Roberts (R-Springfield) and passed the Commerce and Labor Committee this week.

Protecting consumer’s genetic information — A bill that prevents genetic testing companies from selling consumers’ genetic information without consent was passed by the Commerce and Labor Committee this week. Sponsored by Senator Paul Bailey (R-Sparta), Senate Bill 1295 also requires such companies to provide to consumers information about the company’s data collection, use, access and security practices, among others. The bill prevents companies from disclosing consumers’ genetic data to entities offering health insurance, life insurance, long-term care insurance or an employer of the consumer without consent. Finally, the bill authorizes the division of Consumer Affairs in the Attorney General’s office to enforce the legislation and requires that office to create a system for receiving complaints.

Protecting consumer data on the internet — A bill that provides guardrails and protections for Tennesseans as they use the internet advanced out of the Commerce and Labor Committee this week. Currently, data is unregulated and can be accessed, bought and used unbeknownst to most consumers. Sponsored by Senator Bo Watson (R-Hixson), Senate Bill 73 allows Tennesseans to have control over their personal data and is modeled after legislation passed in Ohio and Virginia. Under the bill, Tennesseans have the right to access, correct and delete their information, as well as the right to opt out and appeal.

Preventing sanctioned countries from buying real estate in Tennessee — Sponsored by Senator Frank Niceley (R-Strawberry Plains), Senate Bill 122 prevents foreign governments, businesses and non-citizens from countries on the U.S. Department of Treasury’s sanctions list from purchasing or acquiring real estate in Tennessee. There are currently 38 countries on the sanctions list. An amendment also adds China to the list of countries impacted by the bill, which advanced out of the Commerce and Labor Committee this week. It next goes to the Finance, Ways and Means Committee.

Cracking down on unfair service agreements — The Commerce and Labor Committee this week passed the Real Property Records Integrity Act, which prevents service agreements that create a lien and affect the insurability of a property from being filed with the Register of Deeds. If a service agreement is filed with the Register of Deeds office, the bill clarifies it does not create a lien on the property. It ensures that no service agreement, such as a real estate listing agreement, is filed with the Register of Deeds office for the intended purpose of creating a lien and thus creating a cloud on the title of the property. The bill provides civil penalties for anyone that violates provisions in an attempt to prey upon vulnerable homeowners. Senate Bill 368 is sponsored by Senator Frank Niceley (R-Strawberry Plains).

The Overdose Fatality Review Act — To help combat the opioid epidemic, the Health and Welfare Committee advanced  Senate Bill 291, sponsored by Senator Richard Briggs (R-Knoxville). The bill authorizes a county, or multiple counties jointly, to establish a team responsible for examining and understanding the circumstances leading up to a fatal overdose to help inform policy recommendations and resource allocations to prevent future overdoses. The teams will submit an annual report to the Department of Health, and then the department will report all findings to the General Assembly and the Governor. It also requires confidentiality of overdoses to be kept at all times by creating a Class B misdemeanor offense for breaking confidentiality. The bill will help the state better understand how to fight the drug epidemic. The bill advances to the Finance, Ways and Means committee.

Expanding Responsibilities of Graduate Physicians – In Tennessee, there are more students graduating medical school than there are residency positions available, resulting in a surplus of graduate physicians. A graduate physician is a person who has graduated medical school but has been unable to find a residency position. Senate Bill 937, sponsored by Senator Richard Briggs (R-Knoxville), creates a pathway for a graduate physician licensure program, which will allow these physicians to practice medicine in supervised conditions. Allowing these physicians to practice medicine will also help improve access to healthcare in rural areas where there are very few practicing physicians. The bill passed the Health and Welfare Committee this week and advances to the Senate floor for final approval.

Improving outcomes for maternal health — Senate Bill 177, sponsored by Senator Becky Massey (R-Knoxville), seeks to create a pilot program administered by the Division of Tenncare that provides remote maternal health services to expectant women with high risk pregnancies. The program would be available to those in maternal healthcare deserts, where there is no available obstetric care in their county. Most maternal deaths are preventable, and expanding maternal healthcare will help decrease the maternal death rate in Tennessee. The bill passed the Health Committee this week and advances to the Finance, Ways and Means Committee.

Ensuring condominiums are structurally safe — A bill that seeks to ensure condominium buildings are structurally safe and prevent tragedies such as the 2021 condominium collapse outside Miami cleared the Commerce and Labor Committee this week. Sponsored by Senator Shane Reeves (R-Murfreesboro), Senate Bill 863 requires the board of directors of condo associations in Tennessee to conduct a reserve study every five years to assess the condition, structural integrity and needed maintenance of their buildings. The purpose of the study is to inform condo owners of the condition and life expectancy of common elements of the building so they can reserve necessary maintenance and replacement costs. The study will analyze all aspects of the building, including the foundation, load-bearing walls, roof, plumbing, electrical and fire protection systems, among others. Such studies are expected to cost between $2,500 and $4,000 the first time they are completed, with follow-up studies typically costing less.

Expanding paid leave for teachers who have been victimized on the job — A bill that expands paid leave for teachers who were assaulted on the job from three months to up to a year passed the Education Committee this week. Sponsored by Senator Frank Niceley (R-Strawberry Plains), Senate Bill 906 would pay teachers who are unable to return to the classroom due to injury their full salary and full benefits.

Expanding opportunities for students to test out of courses — The Education Committee this week passed Senate Bill 838, which would allow gifted high school students to test out of up to four courses throughout their high school career. The bill is sponsored by Senator Dawn White (R-Murfreesboro).  

Establishing Juneteenth as a State Holiday – This week, the Senate voted on Senate Bill 269 which establishes June 19 as a paid state holiday to commemorate the emancipation of all enslaved African Americans. On June 19, 1865, the news that the Civil War was over and all slaves were free finally reached Galveston, TX. This was two and a half years after Lincoln issued the Emancipation Proclamation and over two months after the end of the Civil War. Since Texas was isolated geographically and strategically, it was the last territory to receive the news.

Luxury Commercial Passenger Buses in Tennessee – To strengthen the tourism industry in the state, Senate Bill 993 will allow luxury motor coaches to sell liquor by the drink for intercity travel of no less than 100 miles. The bill passed the State and Local Government Committee and advances to the Senate floor for final consideration. Currently, there is only one company that meets the requirements to be a luxury motor coach with a beverage service component. This company operates on a BYOB model and can only carry passengers from Nashville to Atlanta.

Protecting foster children from abusive parents – This week, the Judiciary Committee approved legislation to help further protect foster children from abusive parents. Senate Bill 657, sponsored by Senator Ed Jackson (R-Jackson), would make it a Class C misdemeanor for the first time a foster parent in a kinship placement allows a child to visit a parent despite a court order prohibiting the contact. The fine for first-time offenses would be $50. Subsequent violations would result in a Class B misdemeanor punishable by up to six months in jail and a $500 fine. There are approximately 121 children in Tennessee who are currently in kinship foster care and have a visitation restriction in place against their parents, according to information from the Department of Children’s Services. The bill advances to the Senate floor for final approval.

Creating offense for parenting fraud – The Senate passed legislation to establish a Class A misdemeanor for the offense of parentage fraud, which is defined as an attempt to legally establish oneself as the biological parent of a child in order to deprive the child of property or prevent the actual biological parents from exercising their parental rights. The offense also applies to someone who knows they are not a biological parent but attempts to establish themselves as one anyway. Senate Bill 331 is sponsored by Sen. Jon Lundberg (R-Bristol) and is moving through committees in the House of Representatives.

Protecting senior citizens from stalkers– Senate Bill 1129, sponsored by Senator Ed Jackson (R-Jackson), would expand aggravated stalking offenses to include anyone who stalks a person 65 years of age or older and is at least 15 years younger than the victim. If approved, the change would increase the punishment from a Class A misdemeanor to a Class E felony, punishable by up to six years in prison and a $3,000 fine. The bill passed the Judiciary Committee this week and moves to the Finance, Ways, and Means committee.

Previously covered bills that have passed the Senate floor- 

• Senate Bill 276, co-sponsored by Senator Ken Yager (R-Kingston), will provide state employees with 12 weeks of paid parental leave for the birth or adoption of a child and change additional provisions concerning paid sick and annual leave.
• Senate Bill 273, the Transportation Modernization Act, also passed the Senate and will provide over $300 million in aid to rural counties and provide many transportation upgrades across Tennessee, decreasing travel time for all citizens.

(NASHVILLE) March 17, 2023 — The Senate advanced many bills this week, highlighted by legislation to improve outcomes for Tennessee children by enhancing the 2021 Literacy Success Act and strengthening support for the Department of Children’s Services and foster care and adoption services. Most committees have set their final calendars, while the Transportation and Safety Committee and the Energy, Agriculture and Natural Resources Committee have both closed for the year.

Updating Tennessee’s 2021 Literacy Success Act to strengthen student outcomes

The Education Committee this week passed a bill that would update Tennessee’s Literacy Success Act law to allow for additional information to be considered when making third grade retention decisions and provide more resources to help students as they learn to read. The law was first passed in 2021 to improve literacy rates in the state and get students on track in the early grades so they can become proficient readers by third grade.

“This law is not about holding students back. It’s not about retention,” said bill sponsor Senator Jon Lundberg (R-Bristol). “It’s about strengthening students so they can graduate high school and succeed. Reading by third grade is absolutely critical to success, and third-grade reading rates must improve significantly in Tennessee. I believe this bill will bring about dramatic change in that regard.”

Senate Bill 300 will allow school districts to advance a student to fourth grade if the student scores in the approaching category on their third grade Tennessee Comprehensive Assessment Program (TCAP) test and if they score in the 50^th percentile on the third-grade reading screener given in the third year if the screener administered is provided by the Department of Education and administered in a testing setting.

Students advanced using the additional screener data must also receive additional tutoring in fourth grade, and school districts must notify parents to encourage them to enroll their students in summer programming.

The bill allows school districts to assist parents when filing an appeal if their student is identified for retention. The bill requires the Department of Education to provide a comprehensive report to the General Assembly on the number of students identified for retention, the interventions given to those students and the number of students promoted based on those interventions.

The bill ensures students held back before third grade get reading intervention to catch them up and allows the Department of Education to contract up to three additional online tutoring providers to meet the needs of students. The bill also provides additional tutoring to school districts in first and second grades.

Strengthening services for children and improving adoption and foster care 

This week, lawmakers advanced a slew of legislation focused on improving DCS, streamlining adoption and foster care services and protecting children from abuse and trauma. The legislation is part of a focus for both the General Assembly and Gov. Lee this year to protect children. In February, Gov. Lee announced his proposal to invest $190 million in DCS.

Improving DCS

The number of children going into DCS custody is on the rise, and the department continues to face significant staffing challenges which are resulting in unmanageable caseloads for employees and preventing the department from providing quality care to the Tennessee children it serves.

The Judiciary committee passed  Senate Bill 531, sponsored by Speaker Pro Tempore Ferrell Haile (R-Gallatin), to help alleviate the burden on case managers by gradually reducing the maximum caseload per manager to 20 cases by Jan. 1, 2025 and then to 18 cases by Jan. 1, 2026, and finally ramping down to a 15-case maximum per case manager by January, 1, 2027.

The current caseload max per manager is set at an average of 20 cases which has led to veteran managers taking on up to 60 cases at one time, while first year managers have 10.

As part of the push to ensure that the child’s best interest is prioritized when making decisions regarding children, the Judiciary Committee passed Senate Bill 532 also sponsored by Haile.  The legislation adds “best interest of the child” to the Department of Children’s Services motto, mission statement and goal to reflect that a child’s best interest is always the central purpose of the department.

Another change proposed for the Department of Children’s Services is legislation to add 12 new attorney positions and six new administrative positions to allow for faster processing of adoption cases. The attorneys handle filing termination of parental rights and review cases of neglect in which a child has been in custody for at least six months to determine if a petition for termination of parental rights is needed. Senate Bill 544, sponsored by Senator Dawn White (R-Murfreesboro), passed the Judiciary Committee this week and now advances to the Finance, Ways and Means Committee.

Enhancing Foster Care and Adoption

Also advancing out of the Judiciary Committee were two major bills sponsored by Haile that seek to make several changes to adoption proceedings, services for expectant mothers, and DCS proceedings with termination of rights procedure. Senate Bill 270  adds services for foster care parents and those birth parents who choose adoption. Under this bill, foster care parents are allowed a respite of six months without losing their standing as a foster parent.

For those choosing adoption, expectant mothers can receive support services paid for by the adoptive parents for the length of their pregnancy and up to 90 days post birth, as well as up to two years of counseling for the birth mother. It allows for a virtual surrender hearing and clarifies that surrender of parental consent may be made at any time prior to birth, but consent has to be reaffirmed after the birth of the child. The final decision cannot be made any time before the birth.

Furthermore, adoption paperwork can be stopped at any time, and a judge may waive the six-month waiting period for adoption if the judge sees fit to do so.  

Senate Bill 528 is an adoption and foster care omnibus bill to eliminate red tape in the adoption process. Among other things, foster parents are given more input and participation in the cases of children who have been in their care. The bill reduces the timeframe when finalized adoptions can be overturned and strengthens standards for putative and biological fathers wishing to hold themselves out as the father of a child.

The legislation also adds rape to the list of grounds for termination of rights, requires DCS to file a petition for termination of parental rights within a set period of time when a case involves egregious circumstances, and requires courts to enter a surrender order when all other conditions have been met. The bill moves to the senate floor for final consideration.

Prioritizing the best interest of the child in custody and adoption cases

The Judiciary Committee also advanced several bills sponsored by Haile to update the termination of parental rights proceedings. Senate Bill 534 seeks to streamline the adoption process for a newborn surrendered under the safe haven law. It lowers the waiting period for DCS to file a petition seeking termination of parental rights of an infant voluntarily surrendered from six months to 90 days.  It also requires the court to expedite the case to ensure the hearing of the termination petition is within 30 days of the petition filing.

Senate Bill 535 clarifies that if a parent or guardian fails to visit or support a child less than four years old for a period of three consecutive months, the circumstances rise to qualification for abandonment. Furthermore, if a child resides in the adoption petitioner’s home for at least three months, the judge may waive the six-month waiting period for the order of adoption.

To prioritize the safety of children going into DCS custody, Senate Bill 264 allows for the Department of Children’s Services to file for a petition of termination of rights after the department has removed a child from the home. This bill also clarifies that “persistent conditions” means if after a period of six months, the parent or guardian has failed to remedy the situation that resulted in the removal of the child from the home, then it can be considered grounds for termination.

Increasing penalties for crimes against children

The Judiciary Committee took action to increase penalties for crimes involving children.  Senate Bill 536, sponsored by Haile, adds eight offenses to the severe child abuse definitions which constitute grounds for termination of parental rights. These offenses include sexual battery, aggravated statutory rape, continuous sexual abuse of a child, solicitation of a minor, solicitation of sexual exploitation of a minor, promoting travel for prostitution, especially aggravated rape, and especially aggravated rape of a child.

Senate Bill 1319, sponsored by Senator Paul Bailey (R-Sparta), adds that harboring or hiding a child that has been placed in the Department of Children’s Services’ custody is a custodial interference offense. Finally, Senate Bill 164, sponsored by Senator Page Walley (R-Savannah), allows for foster parents to receive reimbursement for providing car insurance to their eligible foster children. Senate Bill 1218, sponsored by Senator Dawn White (R-Murfreesboro), exempts adoption proceedings in chancery, circuit, or juvenile court from the state portion of the litigation tax. These bills advance to the Finance, Ways and Means Committee.

Expansion of Paid Parental and Sick Leave – The Senate Commerce and Labor Committee this week passed Senate Bill 276, co-sponsored by Senator Jack Johnson (R-Franklin) and Senator Ken Yager (R-Kingston), to improve state employee benefits to help recruit and retain quality state employees.

The bill would provide state employees with 12 weeks of paid parental leave for the birth or adoption of a child. Additionally, it would change the way paid sick and annual leave are accrued by providing employees with their sick and annual leave for the year all at once and up front, rather than from month to month.  The measure also would expand employee benefits by providing state funds to cover 50% of dental insurance and 100% of long-term disability benefits. The bill now advances to the Senate Finance, Ways and Means committee.

Reconstituting certain airport authorities — The Transportation and Safety Committee this week approved a bill that would reconstitute certain airport authorities. Sponsored by Senator Paul Bailey (R-Sparta), Senate Bill 1326 vacates and reconstitutes the board of commissioners for an airport authority in a metropolitan county with a population over 500,000 and adds the governor, lieutenant governor and speaker of the House of Representatives as appointing authorities for the board of commissioners. The mayor will appoint two members.

Bailey said the bill is needed to give the state more influence over the operations of the airport given it’s a regional airport with more than 70% of the travelers it serves living outside of Davidson County.

Each of the appointing authorities will appoint two members to the board. Persons appointed to the board must be residents of the county or contiguous counties, and have no financial interest in the airport or its concessions. In making appointments to the board, the appointing authorities shall strive to ensure that the membership is representative of the geographic and demographic composition of the county or state, at least one commissioner is a female, and another of a racial minority. The bill requires the president of the board to submit the annual operating budget to the aforementioned appointing authorities for review.

The Airport Authority was created in 1970 by the 86th Tennessee General Assembly with all appointments to the board made by the mayor. Since that time, the primary funding source for the airport has been through the General Assembly, federal funding and airline/concession fees collected. The airport footprint is owned and controlled by the Airport Authority under the regulations of the FAA.

Increasing ability to carry handguns while hunting – The Senate Judiciary Committee advanced legislation this week that is part of an effort to ensure Tennessee’s gun laws are consistent with the recent United States Supreme Court Case, New York State Rifle v. Bruen (2022).  Sen. John Stevens (R-Huntingdon) is leading much of the work to ensure compliance with the new U.S. Supreme Court ruling.

Stevens passed Senate Bill 494 out of the Judiciary Committee this week to ensure that any person can carry a handgun while hunting, as long as the handgun is not used to hunt game and the person is not otherwise prohibited from possessing a handgun.  The bill now advances to the Senate floor.

Funding Governor’s Office of Faith-Based Community Initiatives- This week, the Senate State and Local Government Committee approved Senate Bill 279, co-sponsored by Leader Jack Johnson (R-Franklin) and Sen. John Stevens (R-Huntingdon) to provide more resources to community services throughout the state that are powered by compassionate and faithful Tennesseans.

The bill allows the Governor’s Office of Faith-Based and Community Initiatives to use state dollars to fund its partnerships with nonprofit organizations.  The Office leverages the power of faith communities, nonprofits, and government to improve life for every Tennessean by bringing people together to solve tough issues Tennesseans are facing.

In recent years, the Office of Faith-Based and Community Initiatives has taken on more responsibilities as a result of its success, and this bill will allow the office to strengthen its services and continue to improve lives.

Parity of teacher salaries at special schools — Currently, teachers at state special education schools in Knoxville and Jackson are paid 10% less than their counterparts in Nashville. That’s despite doing the same work and having the same credentials and experience.

Sponsored by Senator Becky Massey (R-Knoxville), Senate Bill 359 would bring parity to salaries among the three campuses. The bill cleared the Education Committee this week.

“These teachers are working hard and we believe we need to compensate them fairly and right now we’re not doing that,” Massey said.

Teachers in each of the three campuses have the same professional and educational requirements, the same dedication for students and the same professional responsibilities. They also have the same director and superintendent of schools, as well as the same Human Resources and IT departments.

Increasing eligibility for HOPE Scholarship — Sponsored by Senator Becky Massey (R-Knoxville), Senate Bill 364 expands higher educational opportunities by removing an eligibility restriction for the Tennessee Promise scholarship. Currently, the scholarship is available to all high school graduates provided they enroll in college in the fall term after graduation. This bill would allow students to remain eligible for the scholarship if they defer college for up to 16 months after graduation.

The bill better aligns state financial requirements and expands access for students who may need to defer college for a year after high school graduation. Students would still have to apply for the scholarship during their senior year of high school.

Tennessee’s college-going rate has fallen from 62% to 53%, translating to about 7,000 fewer high school graduates attending college since 2019.

Making it easier for retired police officers to work as security guards — The Commerce and Labor Committee this week passed a bill that removes unnecessary training requirements for retired police officers who have been hired to work as security guards.

Sponsored by Senator Ed Jackson (R-Jackson), Senate Bill 870 exempts retired law enforcement officers with 20 or more years of service and who retired in good standing from certain security guard requirements. Retired law enforcement officers have already completed far more training than is required to become a security guard. The bill does not exempt retired officers from training in de-escalation techniques, proper safe restraint technology, first aid and CPR.

Cognitive Tests for Constables– Senate Bill 514, sponsored by Senator Jon Lundberg (R-Bristol), passed the Senate floor this week and requires candidates for the office of constable to undergo a cognitive and psychological test attesting to their mental and cognitive fitness to perform the duties of a constable. The test is to ensure that elected officials can effectively carry out the duties of their position.

Ensuring speedy compensation for witnesses — The Judiciary Committee this week passed a bill intended to speed up the process whereby witnesses for the state are compensated for their service. Under current law, if a witness is deemed necessary to a case and lives more than five miles away from where they were subpoenaed, then the witness’s expenses such as travel and board may be paid by the state. But there remains confusion and misunderstanding as to when a witness’s expenses may be paid upfront.

Sponsored by Senator John Stevens (R-Huntingdon), Senate Bill 476 makes several changes to the statute to speed up the compensation process, including the removal of a requirement that indigency needs to be determined before a witness can be paid. Counties will continue to recover the costs of witness expenses from a convicted defendant.

Updating Tennessee’s trust code — Sponsored by Senator John Stevens (R-Huntingdon), Senate Bill 492 makes several updates to Tennessee’s trust code to ensure the state remains a leading trust jurisdiction in the country. The General Assembly has updated the trust code each of the past seven years, and during that time total trust assets under management in the state have increased from $25 billion to $250 billion.

The bill authorizes non-judicial settlement agreements to be used in probate under certain circumstances, clarifies a beneficiary is not personally liable for the debts of a trust arising from the trustee’s ownership of property, and clarifies if a distribution has made an error the beneficiary must return the distribution to either the trustee or court. The bill also streamlines provisions for the release of a trustee, and creates a new code section for the decanting of trusts, among other updates.

Expanding the talent pool for industrial development boards — Passed by the Commerce and Labor Committee this week, Senate Bill 926 removes an existing requirement that members of the board of directors for an industrial development corporation reside in the county in which the corporation was established. Allowing industrial development boards to choose to allow membership outside the county will help them recruit the best minds for the job.

Bill sponsor Senator Jon Lundberg (R-Bristol) said he got the idea for the bill after an East Tennessee manufacturing company that had expanded into multiple counties faced pushback for serving on the industrial development board due to the existing restriction.

Ensuring patients’ choice in lab testing — Sponsored by Senator Richard Briggs (R-Knoxville), Senate Bill 1275 allows Tennesseans with health insurance plans to use the licensed medical laboratory of their choice. The bill also prohibits an insurance company from denying a licensed medical laboratory from participating in a qualified policy or plan.

The bill addresses an issue that arose during the COVID-19 pandemic when lab testing was in high demand. During that time, some insurers required COVID-19 tests to be sent to out-of-state labs, causing delays, when they could have been processed quicker by in-state labs. The bill passed the Commerce and Labor Committee this week.

Strengthening the Board of Pharmacy — The Government Operations Committee passed legislation to update policies and procedures of the Board of Pharmacy and make changes to the board’s composition. Senate Bill 753, sponsored by Speaker Pro Tempore Ferrell Haile (R-Gallatin) would increase the board size from seven to nine members, add a pharmacy technician position, and enhance qualifications of board members to make the board more representative of those working in the pharmacy industry in Tennessee.  Furthermore, the bill would allow the board to administer advisory opinions. The bill passed the Government Operations Committee this week and advances to the Senate Health and Welfare Committee.

Enhancing transparency of public records purchases — The Transportation Committee this week passed a bill aimed at enhancing transparency around the purchase of public records containing personal information of Tennesseans. Sponsored by Senator Kerry Roberts (R-Springfield), Senate Bill 1431 requires the Office of Open Records Counsel in coordination with the Department of Safety and Department of Revenue to develop and maintain a system to track bulk purchases of public records containing personal information from state motor vehicle records.

Roberts said he got the idea for the bill after titling his car and within a week began receiving phone calls attempting to sell him warranties. “Tennesseans have a right to know who is buying their personal information,” Roberts said.

Removing a restriction for minors learning to ride motorcycles — A bill that would make it easier for minors to learn how to ride motorcycles cleared the Transportation and Safety Committee this week. Current law restricts minors who have been issued a motorcycle learner’s permit from driving beyond 20 miles of their home.

Sponsored by Senator Kerry Roberts (R-Springfield), Senate Bill 1437 removes the 20-mile restriction if the minor is accompanied by a parent or legal guardian who is also operating a motorcycle and who holds a valid motorcycle license. The bill also requires the completion of a certified motorcycle education course.

Increasing tools for law enforcement agencies to crack down on crime — A bill that makes it easier to install license plate readers to fight crime was passed by the Transportation and Safety Committee this week. Sponsored by Senator Ed Jackson (R-Jackson), Senate Bill 439 would allow companies that manufacture license plate readers (LPRs) and are able to meet strict guidelines to place LPRs on state and federal roadways.

The bill also allows local law enforcement to decide which vendors and LPR technology it wants to use to protect its communities. Under current conditions, local law enforcement agencies have faced unintended restrictions that have prevented them from installing license plate readers, which are already permitted and used throughout the state.

LPRs are a cost effective and safe tool used by law enforcement to prevent crime and enhance safety. They can be used to locate dangerous criminals and recover missing persons, among other uses.

Enhancing roadway safety — To ensure the safety of vehicles transporting logs or long pieces of wood, the Transportation and Safety Committee this week passed Senate Bill 1357 by Senator Todd Gardenhire (R-Chattanooga). The bill requires vehicles carrying logs or wood that protrude more than four feet from the back of the vehicle to carry a specific type of blinking light and at least two red flags so the cargo is easily visible to other motorists.

The committee this week passed another bill to enhance road safety. Sponsored by Senator Frank Niceley (R-Strawberry Plains), Senate Bill 520 requires the Department of Transportation to promulgate rules to standardize, by speed limit, the length of time a traffic-control signal must display the yellow signal light, when following the green signal light. The bill also establishes a one-second delay between the exposure of a red or “Stop” signal light and the display of a green or “Go” signal light for another traffic signal located in the same intersection.

An update on bills in previous wraps that passed the Senate floor- 

• Senate Bill 533, sponsored by Haile, allows state employees to utilize the state sick leave bank when caring for a sick child, passed the Senate floor this week.
• Senate Bill 328, sponsored by Haile, reduces the number of days of incarceration a person convicted of a second DUI must serve before participating in a treatment program, and requires a judge to issue a transdermal alcohol monitoring device for those convicted of a third or subsequent DUI.
• Senate Bill 600, sponsored by Hensley, would prevent any city, county or metropolitan government from using taxpayer dollars to directly or indirectly assist with obtaining an abortion.

(NASHVILLE) March 9, 2023 — The Tennessee Works Tax Reform Act of 2023 is advancing in the Senate and cleared the Senate Revenue Subcommittee with a positive recommendation on Tuesday. This legislation, sponsored by Senate Majority Leader Jack Johnson (R-Franklin), proposes a number of changes to Tennessee’s tax code to lower the tax burden on businesses, boost Tennessee’s economic competitiveness, promote entrepreneurship and small business formation, and provide targeted relief to families. This is one of Governor Bill Lee’s top legislative initiatives for 2023.

 

“In Tennessee we are committed to low taxes,” said Johnson. “We believe that Tennessee businesses and citizens are in the best position to decide how to spend their own money, and this tax-cut proposal demonstrates that we practice what we preach. I applaud Governor Lee for this bold proposal to provide more growth opportunities for businesses and financial relief for families on every-day expenses. We are proud to be one of the lowest taxed states in the nation, and this move to further cut taxes strengthens our dedication to being a pro-business and pro-family state with low taxes.”

 

The tax cuts would provide significant tax relief to small businesses by lowering the burden of the franchise and excise tax as well as the business tax rate. Under the proposal, over 23,000 small businesses in Tennessee will have their excise tax liability reduced to zero by exempting the first $50,000 in income from the state’s excise tax. It also exempts up to $500,000 of business property from franchise tax liability.  The tax cuts would exempt 140,000 Tennessee businesses from the business tax by raising the threshold for business tax exemptions from $10,000 to $100,000 of gross receipts. In addition, it reduces the highest business tax rate from 0.3% to 0.1%.

 

The proposal will also help Tennessee lead the nation in economic competitiveness, while prioritizing Tennessee businesses. It incentivizes businesses to hire Tennesseans and headquarter in Tennessee by changing the way the excise tax is calculated to favor businesses with a higher percentage of their properties and jobs located in Tennessee than in other states. It also ensures state tax deductions for research and development (R&D) expenses – which help companies grow, innovate and produce superior products and services. This move comes after the federal government ended yearly R&D tax exemptions for businesses.  The measure also removes unfair taxes on certain manufacturing facilities with unsold inventory.

 

Finally, the proposal will deliver for working families by creating a three-month sales tax holiday on food during August, September and October 2023. It also seeks to incentivize businesses to provide paid family leave to employees by establishing a state paid family leave franchise and excise tax credit on wages paid for a two-year pilot period.

General Assembly confirms new Tennessee Supreme Court Justice

Members of the General Assembly confirmed the appointment of Dwight E. Tarwater to the Tennessee Supreme Court in a joint session in the House chamber on Thursday.

Tarwater, a Knoxville attorney, brings more than 40 years of legal background to the court, including decades of trial and appellate experience. He also previously served as chief legal counsel to former Gov. Bill Haslam from 2014 until 2019.

The vacancy on the Tennessee Supreme Court will be created by the retirement of Justice Sharon Lee, effective Aug. 31. The General Assembly is required to confirm appointments for Supreme Court Justices per an amendment added to the state constitution in 2014. Justices are retained through a “yes” or “no” election every eight years.

Also on Thursday, the General Assembly confirmed the appointment of Matthew Wilson to the Tennessee Court of Criminal Appeals for the Western Section. Wilson previously served as an assistant United States attorney in the Western District of Tennessee. He brings significant criminal law experience to the Court of Criminal Appeals, including nearly 20 years of legal service at both the state and federal levels. Wilson fills a vacancy that was created by the death of Judge John Everett Williams in September.

Increasing teacher pay – A bill that would provide pay increases to Tennessee teachers cleared the Education Committee this week. Sponsored by Senate Majority Leader Jack Johnson (R-Franklin), Senate Bill 281 would each year increase the base salary for teachers until it reaches $50,000 in the 2026-2027 school year. The bill would also end the practice of local school district deductions for national, state and local labor organizations. Currently, school districts are permitted to provide these unions with a free benefit of collecting dues on their behalf. Taxpayer resources in K-12 education should not be used to support these activities, whether political or otherwise, of any organization, including labor unions. The legislation does nothing to restrict a teacher’s, choice to join and fund any activity by the union; it simply ends the practice of using taxpayer resources to fund the collection of dues for the union’s benefit.

Providing flexibility to LEAs with class sizes – The Senate approved legislation to give more local control to school districts by providing them with flexibility in class sizes, while still keeping the guardrails in place to protect students. Senate Bill 197, sponsored by Sen. Jon Lundberg (R-Bristol) maintains the class size maximum while removing the average maximum class size. Tennessee is one of the few states with both a maximum average class size and maximum class size. The measure also allows an LEA or Charter School to apply for a waiver from the Commissioner of Education for maximum class size requirement. The Commissioner of Education is required to approve or deny the waiver within 5 business days or the waiver is automatically approved for the remainder of the school year. The maximum average class size per grade level: 25 students for K-3, 30 students for 4-6, 35 students for 7-12, and 25 students for CTE.

 

Strengthening election integrity – The Senate approved legislation to strengthen election integrity in Tennessee by putting protections in place to prevent abuse of “fail-safe balloting.” Under this process, if the address on a voter’s ID does not match his/her current address, then that voter casts a fail-safe ballot and signs an affidavit stating that he/she does live at the address where the vote is being cast. Senate Bill 854, sponsored by Sen. Bo Watson (R-Hixson), would allow a candidate to request a list of all the voters who changed their address at the polling place to vote in the election along with copies of the fail-safe affidavits. This bill also states that in the event of a recount, the state election commission must verify the addresses of all fail-safe ballots.

 

Minimizing trauma of child sexual assault victims in court – The Judiciary Committee this week passed a bill that aims to minimize trauma for underage victims of sexual assault during the criminal justice process. Under current law, when a minor is sexually assaulted, a forensic interview may be completed. These interviews, which are conducted by trained professionals, are recorded so that they may be used in any court proceedings. Current law only allows these videos to be used for minors under the age of 13 and only for sexual offenses. Senate Bill 419, sponsored by Speaker Pro Tempore Ferrell Haile (R-Gallatin), extends the admissibility of forensic interviews in court for all children under 18 years of age, and allows forensic interviews to cover statements on sexual and physical abuse. The law also adds an additional qualification for forensic interviewers that increases the credibility of forensic interviews and their admissibility in a court of law. The bill will prevent children from being further traumatized by being required to testify in court in front of their abuser.

 

Reducing barriers for law enforcement to carry handguns – This week, the Judiciary Committee passed two bills that would reduce barriers for retired federal, state, and local law enforcement and military officials to carry a handgun. Senate Bill 521, sponsored by Senator Frank Niceley (R- Strawberry Plains), reduces the handgun permit fee for retired military personnel to the same fee that retired police officers have to pay. Senate Bill 515, sponsored by Senator Jon Lundberg (R-Bristol), allows retired law enforcement officers employed on a part-time basis by a higher education institution to carry a handgun on the property. The person must have retired in good standing and have served for at least twenty years to be legally allowed to carry on higher education property.

 

Strengthening self-defense protections for bear attacks – Sponsored by Senator Paul Bailey (R-Sparta), Senate Bill 1309 would allow Tennesseans living next to the Great Smoky Mountains National Park to take, harm or kill a bear that enters their property and poses a threat. The bear must be acting in a manner that presents imminent danger, death or serious bodily injury in order for the bill to apply. The bill also requires property owners to notify the Tennessee Wildlife Resources Agency (TWRA) within 24 hours after killing or seriously injuring a bear if possible. A bear cannot be removed from the site, repositioned, sold or transferred without authorization by the agency. The bill advanced out of the Senate Energy, Agriculture and Natural Resources Committee this week and moves to the Senate floor.

 

Supporting state employees with sick children – A bill to increase support for state employees who must care for their sick children is advancing. Under current law, state employees may not utilize sick leave grants from the state sick leave bank for any illness of a family member. Senate Bill 533, sponsored by Speaker Pro Tempore Ferrell Haile (R-Gallatin), will allow state employees to utilize the state sick leave bank when caring for a sick child. In order to utilize grants of sick leave from the bank, employees must first take five consecutive days with no pay. The bill was unanimously approved in the State and Local Government Committee this week and now moves to the senate floor for passage.

 

Expanding training compensation  – Correctional officers and deputy sheriffs are required to take 40 hours of inservice training per year, but only deputy sheriffs are paid an $800 supplement to do so. Senate Bill 1002, sponsored by Senator Ken Yager (R-Kingston), allows correctional officers to also receive the $800 supplement once they complete the training. Senate Bill 457, sponsored by Senator Bo Watson (R-Hixson), also gives an $800 supplement for emergency medical services personnel for completing a 40-hour training. Both bills advance to the Senate Finance, Ways and Means committee.

 

Expanding benefits for police dispatchers – Legislation will ensure that police dispatchers killed in the line of duty receive the same financial and insurance benefits as first responders killed in the line of duty. These benefits can include a $250,000 annuity, a one-time $25,000 payment from the state, and health insurance benefits to the surviving spouse and children of the first responder’s family. Senator Ken Yager (R-Kingston) sponsored Senate Bill 1134, which advanced out of the State and Local Government Committee this week.

 

Sergeant Chris Jenkins Law –  Senate Bill 552, sponsored by Senator Adam Lowe (R-Calhoun), would make it a crime for a person to transport a ladder not properly secured to prevent it from falling onto a public roadway. The legislation is named after Sgt. Chris Jenkins who was fatally struck by a semi-truck while removing a ladder from Interstate 75 in Loudon County on Feb. 3, 2022. If approved, a violation of the law would be a Class C misdemeanor while an improperly secured ladder that caused a motor vehicle accident would result in a Class A misdemeanor. It would not change any additional requirements that currently exist for commercial motor vehicles. The bill advanced out of the Transportation and Safety Committee on Wednesday and now moves to the Senate floor.

 

Protecting Consumers from Increased Streaming Service Prices- Across the country, municipalities are bringing class action lawsuits against streaming providers such as Netflix and Hulu in an attempt to force streaming providers and their customers to pay cable franchise fees for the content customers receive from the internet. Senate Bill 456, sponsored by Senator Bo Watson (R-Hixson) and approved by the Senate this week, seeks to continue an existing state policy that ensures no cities or counties can collect franchise fees. If the legislature does not intervene, families with streaming service subscriptions could pay up to 5% more on each streaming service bill.

 

Combating high healthcare costs – Senate Bill 1392, cosponsored by Lt. Governor Randy McNally (R-Oak Ridge) and Senator Shane Reeves (R-Murfreesboro), seeks to strengthen the Right to Shop Act by creating a viable avenue to negotiate fair prices with out-of-network providers in non-emergency situations. If a patient negotiates a lower price with an out-of-network provider, the patient can submit paperwork to their insurance company and have their out-of-pocket cost applied to their deductible. The bill seeks to help Tennesseans combat rising health care costs.

 

Protecting patients seeking medical advice relating to marijuana – Sponsored by Senator Shane Reeves (R-Murfreesboro), Senate Bill 859 seeks to provide legal protection for patients across Tennessee seeking medical advice relating to the use of marijuana. The bill prevents a person’s statement regarding the use or possession of marijuana to healthcare providers from being used as evidence in a criminal trial. Some medications can have unintended consequences when mixed with cannabis, and many patients feel there is not enough legal protection for them to openly discuss with their medical provider the effects that using medical marijuana could have with their existing medications. The bill advanced out of the Judiciary Committee and will next be considered by the full Senate.

Addressing the shortage of special education teachers — The Education Committee this week passed a bill that seeks to increase the number of special education teachers in Tennessee amid an ongoing shortage. There are over 1,200 teacher vacancies in school districts across the state, and most of them are in special education. Sponsored by Senator Paul Bailey (R-Sparta), the Tennessee Special Educator Scholarship Act (Senate Bill 1305) would provide scholarships to college juniors and seniors who work as an educational assistant to a special education teacher at a Tennessee public school. The scholarship amount is $750 per semester, and those who receive it must agree to work as a special education teacher at a Tennessee public school for at least three years following graduation. There are currently about 9,300 special education paraprofessionals in Tennessee and an estimated 500 of them would be eligible for the scholarship program outlined in the bill. Bailey said the idea for the bill came from his son, who volunteered his time to help special needs students when he was in high school because his school didn’t have enough special education teachers.

Expanding eligibility for the Tennessee HOPE Scholarship — Sponsored by Senator Bo Watson (R-Hixson), Senate Bill 112 expands eligibility of the Tennessee HOPE Scholarship for nontraditional students to include Western Governors University (WGU).

Access and Opportunity Act- This week, the Senate approved legislation to ensure that students who move schools in the middle of the school year are not academically penalized.  Senate Bill 443, sponsored by Senator Adam Lowe (R-Calhoun), gives all students the same opportunities within their school and allows a transfer student to immediately participate in their new school’s activities such as clubs, organizations and Advanced Placement and honors classes.

(NASHVILLE) March 2, 2023 — Legislation to modernize Tennessee’s infrastructure and address traffic congestion, prolonged project delivery timelines, and the deteriorating revenue stream for road funding advanced in the Senate Transportation and Safety Committee this week. Senate Bill 273, dubbed the Transportation Modernization Act of 2023, is one of Governor Lee’s key legislative proposals this year, and seeks to address a $26 billion backlog of congestion-related needs. The measure is sponsored by Senate Majority Leader Jack Johnson (R-Franklin) and is being guided through the Senate by Transportation and Safety Committee Chair Becky Massey (R-Knoxville).

“When it comes to transportation and mobility in Tennessee, we are at a critical juncture,” said Massey.  “We are fortunate to live in a state with so much going for us – a direct result of our sound economic policies, high quality of life, and ranking as one of the lowest taxed states in the country. While this yields economic opportunity, it also presents challenges in our ability to move people, goods, and services more seamlessly across our state.  Our position as a critical artery of commerce necessitates our focus to ensure freight, visitors and citizens get where they need to be on time.  We need to have the courage to make tough decisions to adequately fund the needs of both our current citizens and our future generations. The Transportation Modernization Act addresses these needs while maintaining Tennessee’s fiscally responsible management of state funds.”

This major legislation issues no new taxes, no road debt and ensures that funds are proportionally allocated to urban and rural areas of the state.

“Tennessee is a pay-as-you-go state, meaning we don’t borrow money to build our roads,” said Johnson. “And I am very proud of that. We’re one of only a handful that doesn’t have any road debt, and we need to keep it that way. This proposal does that. It is an innovative, fiscally conservative approach to solving our road and traffic congestion problems that will serve all Tennesseans across the state.”

Choice Lanes 

The legislation would allow the Tennessee Department of Transportation (TDOT) to form partnerships with private entities to create choice lanes to address congestion. Choice Lanes allow drivers to decide whether  to use the existing free lanes or pay an additional user fee to enter the new lanes for a guaranteed minimum speed. No fee would be charged to use the general purpose lanes and the number of general purpose lanes would not be reduced.

Choice lanes provide additional capacity in heavily congested corridors, benefiting those who use the choice lanes as well as those who decide to remain in the general purpose lanes.  In the free, general purpose lanes, data has shown in other states their traffic is reduced by about 30%.

Alternative Delivery Model 

The legislation expands TDOT’s ability to use alternative delivery contracting, which has been proven to save time and money when used for the right projects. The move would put TDOT in a strong position to optimize the delivery of increasingly complex infrastructure solutions. TDOT’s alternative delivery program has saved $22 million in costs and resulted in 70% faster delivery compared to the traditional delivery model.

Electric Vehicle Parity 

Additionally, the legislation addresses the eroding effect that the adoption of electric vehicles (EVs) and hybrid vehicles will have on the state’s gas tax collection as their adoption increases. It establishes parity between what the drivers of combustible engine vehicles and their EV and hybrid counterparts pay in gas taxes by increasing the registration fee for EVs to $200 for the first three years following passage and $274 by 2026. For hybrid vehicles, a $100 fee would be set immediately following passage.

Transportation Modernization Fund 

This bill establishes the Transportation Modernization Fund and invests $3.3 billion to fund critical infrastructure projects in rural and urban areas of TN. Each of TDOT’s four regions would receive $750,000,000, while the State Aid Program, which provides funds to counties for local transportation projects, would receive $300 million. At the current rate of investment of $29 million per year, it would take 15 years to allocate $300 million to the State Aid Program.

“It is estimated that our congestion costs Tennessee road users $800 million in lost productivity each year,” added Massey. “By passing this bill, we are telling Tennesseans and our visitors that we recognize their time is valuable and we are willing to do something about it.”

Legislation to protect children set to become law – On Thursday, Governor Bill Lee signed legislation into law to protect Tennessee children from exposure to sexually explicit performances. Senate Bill 3, sponsored by Leader Johnson, restricts adult cabaret performances which are sexually explicit from being performed on public or private property if kids could be around to see it. The law will go into effect on April 1, 2023. Senate Bill 1 was also signed by Gov. Lee on Thursday to protect children from irreversible and harmful hormonal treatment or surgical procedures to change a child’s gender identity. This law, also sponsored by Johnson, is set to go into effect July 1, 2023.

Prohibiting Tennessee tax dollars from going towards abortion – Republicans on the Senate Judiciary Committee passed legislation that would prevent any city, county or metropolitan government from using taxpayer dollars to directly or indirectly assist with obtaining an abortion. Under Senate Bill 600, sponsored by Sen. Joey Hensley (R-Hohenwald), the prohibition would include spending taxpayer funds as part of a health benefit plan or for travel to a state where abortion is legal. Hensley says it is inappropriate to use taxpayer funds to transport a pregnant woman across state lines for an abortion.

The Tennessee Constitution gives the State of Tennessee authority over local government bodies and allows the state to preempt a local government as long as it does not violate a right guaranteed by the State Constitution.

Improving the Juvenile Justice System – The Senate Judiciary Committee this week advanced two legislative recommendations from the Joint Ad Hoc Committee on Juvenile Justice, which met throughout 2022 to conduct an exhaustive study of the state’s juvenile justice system. State Sen. Page Walley (R-Savannah) co-chaired the ad hoc committee and is sponsoring Senate Bill 610 which seeks to give juvenile court judges a full picture of a juvenile’s record. It allows district attorneys general to request the release of information from the Department of Children’s Services, and those DAs can present the information to Juvenile Court judges. 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. This change would help judges make more informed decisions about youth who will be treated at the Wilder Youth Development Center but are from another county in the state.

Another bill co-sponsored by Walley, Senate Bill 616, would provide a stronger clinical mental health presence at youth development centers by requiring 24/7 access to psychological and behavioral health treatment services for children who are placed in juvenile detention facilities and youth development centers.

Reflecting Tennessee’s Volunteer Spirit in State Motto – The Senate State and Local Government Committee advanced Senate Bill 810, sponsored by Sen. Page Walley (R-Savannah) to add “Send Me” to the State’s official motto of “Agriculture and Commerce” which has been on the seal of Tennessee since 1801. Adding this to the Volunteer State’s motto, would reflect the well-known volunteer spirit of Tennesseans.

Protecting against unwanted surveillance / drones – The Senate State and Local Government Committee advanced legislation this week that prohibits local law enforcement agencies from purchasing drones from corporations or entities which are banned under the National Defense Act of 2019. Senate Bill 776, sponsored by Senator John Stevens (R-Huntington), aims to protect Tennesseans from surveillance by the Chinese Communist Party and other foreign actors.

Cracking down on TikTok use at Tennessee college campuses – The Senate gave final approval to legislation to prohibit the Chinese-owned social media platforms TikTok and WeChat from being accessed on Tennessee public higher education institutions’ internet networks. Senate Bill 834 is sponsored by Education Chairman Jon Lundberg (R-Bristol), a former Captain in the United States Navy who says these platforms pose serious national security risks to the United States. The State of Tennessee and the Federal government have taken similar steps to mitigate the security risks of TikTok by prohibiting government internet networks and devices from supporting the social media app.

Correcting injustices for surviving spouses – Senator Page Walley (R-Savannah) presented Senate Bill 97 to the Senate Commerce and Labor Committee this week. The bill expands death benefits for surviving spouses and dependents of individuals killed in workplace accidents. Two women, widows affected by workplace deaths, spoke on how the bill would help families who receive death benefits. In addition to the increased payments, the bill also allows for benefits to continue to dependents if a surviving spouse remarries. Senate Bill 97 was unanimously approved and advances to the Senate floor.

Vehicle Immobilization Devices – The Senate Commerce and Labor Committee unanimously approved legislation this week to establish statewide standards to protect consumers from unscrupulous practices of booting vehicles. Under current law, companies which place vehicle immobilization devices or “boots” on illegally parked vehicles can be regulated by local government authorities, but there is no statewide regulatory standard. Senate Bill 649, sponsored by Majority Leader Jack Johnson (R-Franklin), clarifies that companies must remove the vehicle immobilization device, or “boot,” when the owner of the vehicle pays the company; if there is a problem with the payment, the company must issue a notice and take the boot off immediately.  It also caps the boot removal fee at $75 a day.  This bill only applies to private parking lots and clarifies that employees cannot earn commission or be contracted to remove or install boots. It allows the Attorney General to prosecute violations of this measure through the Consumer Protection Act.

Expanding Medical Assistants Responsibilities – Two years ago, the General Assembly passed legislation that allowed medical assistants working in outpatient clinics to perform certain tasks. Senate Bill 679, sponsored by Senator Shane Reeves (R-Murfreesboro), identifies several other practices that certified medical assistants can perform including: preparing medications to be given by a medical provider, giving rectal medications, and giving vaccines from multi dose packaging. The legislation also specifies that medical assistants cannot give medication or vaccinations that require a dosage calculation.

Rural Schools Innovation Act – Senator Ken Yager (R-Kingston) sponsored Senate Bill 999 which advanced out of the Senate Education Committee this week. The Rural Schools Innovation Act creates a two year pilot program in which at least two rural school districts would partner together to expand access to high-quality, robust college and career pathways. It allows students in one school district to take advantage of Career and Technical Education (CTE) classes at another school district. This bill will allow school districts to focus their funding in their already exceptional CTE programs while still providing their students opportunities to take more and varied classes.  The legislation now advances to the Finance, Ways, and Means committee.

(NASHVILLE) February 23, 2023 — The Senate Education Committee unanimously approved legislation to prohibit the Chinese-owned social media platforms TikTok and WeChat from being accessed on Tennessee public higher education institutions’ internet networks. Senate Bill 834 is sponsored by Education Chairman Jon Lundberg (R-Bristol), a former Captain in the United States Navy who says these platforms pose serious national security risks to the United States.

“The biggest secret in the military is how we get our secrets,” said Lundberg. “Americans have recently been concerned about balloons from China flying over the U.S., but I truly believe the biggest security threat to the United States is the thousands of tracking devices we carry around with us every day.”

“National security experts have warned that TikTok has the potential to allow the Chinese Communist Party to spy on Americans’ activities and control their mobile devices,” continued Lundberg. “We should listen to these warnings and take every precaution possible to minimize the threat of TikTok.”

The State of Tennessee and the Federal government have taken similar steps to mitigate the security risks of TikTok by prohibiting government internet networks and devices from supporting the social media app.

Protecting citizens from stalking 

Other legislation that seeks to protect citizens from being unknowingly tracked by strengthening advanced this week in the Senate Judiciary Committee. Senate Bill 1223 sponsored by Senator Dawn White (R-Murfreesboro) strengthens Tennessee’s anti-stalking laws by expanding the meaning of stalking to include use of an electronic tracking or Global Positioning System (GPS) device to secretly monitor the location of an individual and/or their property without their consent. State law currently requires at least two separate noncontinuous acts to occur before someone could be charged with the offense. Law enforcement agencies across the nation have warned citizens about the growing problem of stalking with electronic tracking devices being secretly used by criminals to follow vehicles they intend to steal or worse.

Supporting firefighters suffering from PTSD

Among many important bills lawmakers are advancing in the Senate this week is a proposal that seeks to reduce stigma and provide support for firefighters following a post-traumatic stress disorder (PTSD) diagnosis was unanimously passed by the Commerce and Labor committee this week. Sponsored by Senator Paul Bailey (R-Sparta), the James ‘Dustin’ Samples Act (Senate Bill 856) allows a firefighter who has been diagnosed with PTSD as a result of his or her service to receive resources through their workers’ compensation benefits plan.

The bill establishes a grant program to mitigate the cost to an employer providing worker’s compensation for firefighters diagnosed with PTSD. In order to qualify for the grant, employers must provide mental health awareness training as part of their continuing education program.

“The most significant threat to firefighters in Tennessee is suicide, which far exceeds the number of deaths while responding, and research has confirmed that unresolved PTSD is the root cause,” said Bailey. “Reducing the stigma and removing barriers to early care will make for cheaper claims, healthier firefighters and safer communities.”

The bill is named in honor of Captain James ‘Dustin’ Samples of the Cleveland Fire Department, who tragically committed suicide in 2020 after a years-long struggle with PTSD.

Bill to cap metro councils at 20 members passes Senate State and Local Government Committee

A measure that aims to ensure effective local representation and the utmost efficiency for taxpayers cleared the Senate State and Local Government Committee this week. Senate Bill 87, sponsored by Senate Finance Chairman Bo Watson (R-Hixson), reins in excessive government growth by capping the size of metropolitan councils in Tennessee to no more than 20 voting members.

“Local government bodies need to be a size that allows them to function efficiently and effectively without compromising their duty to represent the people,” Watson said.

Under the bill, local government bodies exceeding 20 voting members would be required to dissolve and re-appropriate current districts using the latest federal U.S. Census data to ensure equal representation based on population.

For the councils that would be affected, the legislation sets out a process to allow them to redistrict and be able to hold an election on the proper timeline without disrupting the normal election cycle. It gives affected metro governments the opportunity to redistrict prior to May 1, 2023. If they have not redistricted by May 1, then the current council members’ terms would be extended one year.

Prohibiting implicit bias training requirements in schools — A bill that prohibits school districts, public charter schools and public institutions of higher education from requiring employees to take implicit bias training passed the Education Committee this week. Sponsored by Senator Todd Gardenhire (R-Chattanooga), Senate Bill 102 also prohibits adverse employment actions from being taken against employees who refuse to participate in the training. The bill defines “implicit bias training” as a training or educational program designed to expose an individual to biases that the training’s developer presumes the individual to unconsciously, subconsciously, or unintentionally possess. As defined in the bill, implicit bias training predisposes the individual to be unfairly prejudiced in favor of or against a person or group and seeks to adjust the individual’s patterns of thinking in order to eliminate the individual’s unconscious bias or prejudice. Gardenhire says employment at Tennessee education institutions should not be contingent on a training program that erroneously presumes them to be racist or biased.

Supporting COVID-19 vaccine freedom for military – The State and Local Government Committee passed a joint resolution expressing support for the Allowing Military Exemptions, Recognizing Individual Concerns About New Shots (AMERICANS) Act of 2023, which aims to reinstate service members terminated for not receiving a COVID-19 vaccination and give the reinstated members back pay. Tennessee Senator Marsha Blackburn is co-sponsoring this legislation in the United States Senate. Senate Joint Resolution 127 is sponsored by Sen. Jack Johnson (R-Franklin) and now advances to the Senate floor for final approval.

Removing the tuition cap for dual enrollment — The Education Committee this week passed a bill that removes the tuition cap for dual enrollment for certain campuses. Sponsored by Senator Ed Jackson (R-Jackson), Senate Bill 1408 applies to high school students taking college courses to get a head start for college credit. Present law prohibits an eligible postsecondary institution from charging certain students receiving a dual enrollment grant tuition or fees in excess of the student’s dual enrollment grant award. However, an eligible postsecondary institution may charge a student receiving a dual enrollment grant costs actually incurred by the institution on the student’s behalf, including book and material costs, and special examination fees, This bill changes the prohibition above to only apply to eligible public postsecondary institutions, not independent postsecondary institutions.

Expanding eligibility for the Tennessee HOPE scholarship – Senate Bill 74 by Senator Bo Watson (R-Hixson) seeks to recruit, retain and reward eligible Tennessee HOPE scholarship students by allowing them to receive the HOPE scholarship until the student has earned an advanced degree or for up to five years from initial enrollment, whichever is first. The HOPE scholarship is funded by the state lottery and is awarded to freshmen who are enrolled at an eligible postsecondary institution within 16 months after graduating from a Tennessee-eligible high school.

Easing requirements for veterans seeking a commercial driver’s license — Passed by the Transportation and Safety committee, Senate Bill 105 by Senator Bo Watson (R-Hixson) waives the knowledge test for active military service members, veterans and national guardsmen applying for a commercial driver’s license (CDL). The bill identifies various alternative requirements for the license, including operating a commercial motor vehicle in the military in combination with a good driving record. Similar laws are in place in 18 other states, including South Carolina, Georgia and Texas.

Dental and Dental Hygienist Interstate Compact – Tennessee is on track to become one of the first states to join the Dental and Dental Hygienist Interstate Compact, which would allow dental providers licensed in a member state to practice in other member states without having to obtain a license in another state. Senate Bill 361, sponsored by Sen. Becky Massey (R-Knoxville), would have a positive impact in Tennessee and help improve the shortage of dental providers by easing the barrier to cross state practice among member states. Under the bill, each member state would be required to have substantially the same licensure requirement. This interstate compact is similar to other compacts in which Tennessee participates, such as psychology, nursing and physical therapy. Compacts like this also benefit military families when they are assigned to a new duty station to make it easier for the servicemember or their spouse to practice their profession in Tennessee or another member state. The legislation passed the Senate Health and Welfare Committee this week.

Accelerating licensure for out-of-state medical providers –  Legislation to remove red tape that can make it harder for rural communities to recruit physicians and medical providers cleared the Senate Health and Welfare Committee this week. Senate Bill 296, sponsored by Sen. Todd Gardenhire (R-Chattanooga) would lower the time from 90 to 45 days that a medical board must make a decision on an application for licensure in Tennessee from a medical provider licensed in another state. The current wait period of up to 90 days to receive a decision on licensure by out-of-state medical providers and healthcare workers is too long for some providers considering practicing in rural areas. The bill applies to the Board of Medical Examiners, Board of Osteopathic Examination, Board of Nursing and Board of Physician Assistants.

Topical Medical Waste Reduction Act of 2023 – Legislation passed the Health and Welfare Committee to allow patients to take home topical medication administered at a hospital or surgical center that is needed for continued use. Senate Bill 523, sponsored by Sen. Ed Jackson (R-Jackson), will save patients money and reduce waste for medication currently tossed out after being opened at a healthcare facility. The legislation applies to topical antibiotics, anti-inflammatory, dilation, glaucoma drop or ointments.

Restitution for children of victims of DUI –  In the event a parent of a minor child is killed by an intoxicated driver, current law requires the convicted offender to pay restitution 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. Senate Bill 442, sponsored by Senator Adam Lowe (R-Calhoun), is known as “Dillard’s Law” and amends current law by allowing a family to convert the criminal restitution, which would be paid at the end of the defendant’s sentence, to a civil judgment, allowing the children to be compensated sooner rather than later.

Expanding virtual programs at schools — Senate Bill 225 by Senator Page Walley (R-Savannah) allows a school district that has an established virtual school to enter an agreement with a school district that doesn’t have one. The virtual school may provide remote instruction to students enrolled in either school district who have been suspended or expelled from the regular school program. Passed by the Education Committee this week, the legislation could be especially useful in rural counties.

Permitting school resource officers to serve private schools — Passed by the Education Committee this week, Senate Bill 315 by Senator Frank Niceley (R-Strawberry Plains) clarifies private schools may enter into contracts with school resource officers just as public schools are currently permitted.

Communication between juvenile courts and DCS – Senate Bill 447 sponsored by Senator Adam Lowe (R-Calhoun) requires the Department of Children’s Services (DCS) to notify the juvenile judge when a child placed in DCS custody is going to be discharged from the care of DCS. This bill ensures effective communication within the juvenile justice system and DCS. It also sets a procedure for the judge to object to the child being discharged from DCS custody. The measure passed the Senate Judiciary Committee this week and now moves to the Finance, Ways and Means committee.

Enhancing road safety — To enhance safety on Tennessee roads, the Transportation and Safety committee this week passed a bill that brings new penalties for distracted driving. Sponsored by Senator Mark Pody (R-Lebanon), Senate Bill 589 states that persons 18 years of age or younger caught texting while driving two times in a year will have their driver’s license suspended for six months. Those older than 18 years of age caught texting while driving three times in a year will also have their license suspended. Each year, the number of distracted driving offenses increases in Tennessee.

Clarifying a tax exemption for the Megasite Authority of West Tennessee — A bill that clarifies a tax exemption for the Megasite Authority of West Tennessee received a positive recommendation by the Revenue Subcommittee of Finance, Ways & Means Committee this week. Sponsored by Senate Majority Leader Jack Johnson (R-Franklin) and Senator Page Walley (R-Savannah), Senate Bill 272 clarifies that the industrial machinery exemption include materials and machinery purchased by contractors who have entered into a contract with the state for wastewater treatment or sewage work on projects at the West Tennessee megasite. Present law generally provides that no sales and use tax is due with respect to industrial machinery. The bill will next be considered by the full Finance, Ways and Means Committee.

Annual Hospital Assessment Act – The Senate Health and Welfare Committee passed legislation to extend the Annual Hospital Assessment Act, which the state has passed each year since 2010. Senate Bill 289, sponsored by Sen. Ferrell Haile (R-Gallatin), continues the voluntary hospital assessment that results in more than $691 million in state funds going towards covering indigent and uninsured care provided by hospitals to the general public and makes the state eligible for $1.8 billion in federal matching funds to support TennCare. This assessment identifies areas of needs for hospitals and helps hospitals meet these needs and continue operations while not raising prices for patients.

Extending the Ground Ambulance Service Provider Assessment Act — Sponsored by Senator Ken Yager (R-Kingston), Senate Bill 984 extends the Ground Ambulance Service Provider Assessment for one year to June 30, 2024. Ambulance providers in Tennessee impose a fee on themselves that’s administered by the Bureau of TennCare, and the fee is then leveraged into additional federal dollars that are distributed to participating ambulance services based on the number of ground transports.

Modernizing regulations for the money transmitter industry — Passed by the Commerce and Labor committee, Senate Bill 268 seeks to modernize regulatory standards to enhance the safety and soundness of the money transmitter industry while supporting business, innovation and economic progress in Tennessee. The bill would replace the Tennessee Money Transmitter Act of 1994 as the industry has changed significantly over the years from operating out of brick-and-mortar offices to Internet-based models in multiple states. The bill clarifies the types of activities that are subject to licensing, enhances the prudential standards required by licensees and it better aligns these standards with the risks associated with the evolving industry. Multiple other states are considering similar if not identical legislation. The bill is sponsored by Senate Majority Leader Jack Johnson (R-Franklin).