(NASHVILLE) – The Senate Education Committee concluded its business this week, with four of five Senate standing committees now closed. The Senate body was hard at work this week advancing legislation to improve public and school safety, protect Second Amendment rights, cut taxes, and empower parents.  

Next week, lawmakers will begin discussions to finalize the budget as the governor’s supplemental amendment is proposed to the Senate Finance, Ways and Means Committee next Tuesday. 

 

Bill aims to close loophole for defendants found incompetent to stand trial

As part of a big push to improve public safety in Tennessee, a Republican bill would close a legal loophole for defendants found incompetent to stand trial.

Senate Bill 1769, sponsored by Senator Jon Lundberg (R-Bristol), would require criminal defendants deemed incompetent to stand trial to be committed to an appropriate treatment facility. Current state law does not provide this requirement.

“For the safety of our communities, these violent offenders who are incompetent to stand trial should not be released from custody,” said Lundberg. 

The legislation was introduced following the murder of Jillian Ludwig, an 18-year-old Belmont University freshman who was fatally shot while walking in a Nashville park on Nov. 7, 2023. Her killer, Shaquille Taylor, was a repeat violent offender who was deemed incompetent to stand trial for committing aggravated assault with a deadly weapon in April 2023.  Because of this finding, Taylor was released from custody and went on to murder Jillian Ludwig later that year. 

The legislation would additionally require individuals deemed incompetent to stand trial to be entered into the National Instant Criminal Background Check System, which serves as a namecheck database of people prohibited from buying or owning firearms.

 

Second Amendment Financial Privacy Act passes Senate 

Legislation passed the Senate floor this week to protect financial transaction data associated with firearm and ammunition purchases from being used to conduct mass surveillance of law-abiding Tennesseans.

Senate Bill 2223, also known as the Second Amendment Financial Privacy Act, would prohibit financial institutions like banks and credit card companies from requiring the use of a specific merchant category code (MCC) to identify transactions that occur at firearms retailers in the state. The bill would also prevent legal purchases from being denied at firearms retailers as well as protect financial records of the transactions from disclosure unless required by law.

“The potential for abuse of this information is clear. So clear that even Visa, the industry-leading payment processor, has paused implementation of this MCC code,” said Johnson. “This legislation is good public policy to put a stop to this kind of behavior.” 

Alleged violations of the law would be investigated by the Attorney General’s Office and could result in a civil penalty of up to $10,000 if necessary, according to the bill. If approved, Tennessee would join a handful of other states like Florida, Idaho, Mississippi, Montana and Texas that have already passed similar legislation. The new law would take effect July 1.

 

Senate passes legislation to simplify franchise tax and return money to taxpayers

On Thursday, the Senate approved legislation to cut taxes by simplifying the state’s franchise tax – a business tax on net worth. This adjustment will offer relief to taxpayers, modernize the way the tax is calculated and manage newly discovered legal risks. 

The legislation will align Tennessee’s franchise tax with surrounding states. It is also a proactive measure to mitigate the legal risks of the current franchise tax policy. 

“Because our state is in a strong fiscal position due to years of consistent conservative budgeting, we are able to issue this tax cut and remedy legal concerns without a costly legal battle,” said Yager. “This is the most fiscally responsible way to protect Tennessee tax dollars and provide equitable tax relief for businesses that have invested in Tennessee.” 

The current property measure of the nearly century-old franchise tax is an alternative minimum tax on property used in Tennessee. The property measure disincentivizes investment in the state and has recently created additional legal challenges.

Senate Bill 2103, sponsored by Senate Majority Leader Jack Johnson (R-Franklin) and Senate Republican Caucus Chairman Ken Yager (R-Kingston), would change Tennessee’s franchise tax to remove the property measure and authorize the Department of Revenue to issue refunds to taxpayers who have paid the franchise tax based on property located in the state. 

“It’s important to remember the money being returned under this bill is not government money; it’s taxpayer money,” said Stevens. “We trust that taxpayers are in the best position to decide how to use those funds. They may raise employee salaries or purchase additional manufacturing goods. Regardless of how the refunds are used, those taxpayers receiving refunds will circulate the money back into the economy.”  

 

Tennessee Prevention of Drunk Driving Act advances

Legislation to reduce drunk driving in Tennessee advanced out of the Senate State and Local Government Committee this week. 

The Tennessee Prevention of Drunk Driving Act, sponsored by Senator Paul Rose (R-Covington) would create a 12-member advisory task force to review impaired driving and boating statewide, and offer solutions to reduce those crimes from occurring. The task force consists of 12 members of the General Assembly. 

Additionally, law enforcement officers investigating fatal wrecks involving a suspected drunk driver would be required to determine if the individual was served alcohol at a licensed establishment. The findings would be reported to the Alcoholic Beverage Commission (ABC) within 48 hours.

“This bill addresses the rising problem of intoxicated driving in Tennessee,” said Sen. Rose. “Accidents involving alcohol have increased 59% since 2019, and this is a five-pronged approach to help find solutions to curb drunk driving.” 

The legislation would also require the ABC to regularly report to the legislature ways to prevent underage drinking, drunk driving and other harmful uses of alcohol in Tennessee.

There were 6,135 wrecks statewide that involved an alcohol-impaired driver in 2022, according to the most recent data from the Tennessee Department of Safety and Homeland Security. There were 324 fatalities and more than 3,700 injuries as a result. 

 

Duty to Warn Act seeks to enhance public safety

The Tennessee Senate Health and Welfare Committee this week approved legislation sponsored by Senator Becky Massey (R-Knoxville)  to increase protections for those targeted by threats of violence.

Senate Bill 1673, also known as the Duty to Warn Act, clarifies the requirement for mental health professionals and behavior analysts in Tennessee to inform local law enforcement if a patient makes an imminent threat to harm a specific individual or clearly identified group. Threats that are more general in nature must be reported to either the 988 Lifeline or a local crisis response service.

The legislation includes protections from civil, criminal and disciplinary penalties for mental health professionals and behavior analysts who make reasonable attempts to comply with the law. Senate Bill 1673 now advances to the Senate floor for final consideration. The measure’s companion legislation has already passed the House. 

 

Cassie Wright Act seeks to ensure parents can access mental health records of minor teenage children

Senator Paul Rose (R-Covington) is sponsoring the Cassie Wright Act to ensure parents are informed by physicians about their minor child’s prescription medications and/or suicidal ideation. The legislation is named after a teen who tragically took her own life after receiving a mental health diagnosis unknown to her mother. 

Under current Tennessee law, an individual 16 years old or older does not have to obtain parental consent for prescriptions, and physicians are not required to provide information to parents about medications prescribed for their child.  Physicians are also not currently required to inform parents if their child is struggling with suicidal ideations. Due to this law, Cassie’s mother was unaware that she was suffering. 

“This legislation aims to protect and help young individuals who are suffering,” said Sen. Rose. “If Cassie’s mother knew what condition her daughter was suffering from, she could have provided more resources to help Cassie. Instead, this story ended tragically.” 

Senate Bill 2482 clarifies in law that parents have the right to access their minor’s prescription records even if given without the parent’s consent. It also clarifies that a physician’s duty to report includes reporting to a minor’s parent if there is an apparent ability and likelihood to commit suicide. The bill advances to the Senate floor for final approval. 

 

Legislation advanced to empower parents with school materials

The Senate Education Committee advanced legislation on Wednesday to increase parental and community involvement over what materials should be available to minors.

Senate Bill 1858, sponsored by Speaker Pro Temp Ferrell Haile (R-Gallatin), would make clear that parents of a public school student or public charter school student have standing to file civil action against their local education agency to enforce the Age-Appropriate Materials Act of 2022. 

The Age Appropriate Materials Act requires public school libraries to post online a list of materials in library collections and to create a review framework to ensure age-appropriateness. A total of 181 books were challenged statewide between January and August 31, 2023. 

 

Several bills advance to improve school safety

This week, several measures advanced to continue efforts to improve school safety across the state for public and private K-12 schools as well as at higher education institutions. Those school safety bills are highlighted below.

 

School de-escalation training – The Senate Education Committee advanced school safety legislation to require de-escalation training for teachers and administrators in Tennessee. Senate Bill 1721, sponsored by Senator Joey Hensley (R-Hohenwald) would ensure school personnel receive the training annually beginning in the 2024-25 academic year. 

A report last year from the Tennessee Comptroller’s Office of Research and Education Accountability found that over the last 25 years, 43 percent of shootings that occurred at Tennessee schools were due to the escalation of a dispute. The bill passed the Senate Education Committee on Wednesday and now awaits approval on the Senate floor. 

 

Increasing availability of SROs – Currently, over 500 Tennessee schools are without a school resource officer (SRO), even though the state provides grant funding to place an SRO in every Tennessee public school. To help alleviate this safety risk for these schools, Senator Paul Bailey (R-Sparta) is sponsoring legislation that would help fill this gap and provide more schools with equipped officers. 

Senate Bill 2901 would allow a retired law enforcement officer who is a member of the Tennessee Consolidated Retirement System (TCRS) or local retirement fund to be reemployed as a full-time SRO at a Tennessee public school without loss or suspension of the officer’s retirement benefits. This legislation passed out of the Senate State and Local Government Committee on Wednesday and now moves to the Senate Finance, Ways and Means Committee.

 

Ensuring safe school traffic – Legislation sponsored by Senator Janice Bowling (R-Tullahoma) aimed at protecting kids from traffic during busy school transportation hours passed out of the Senate this week with bipartisan support.

Senate Bill 2771 would allow counties to hire employees or use volunteers to direct vehicles within a marked school zone. Anyone who served as a traffic director would be required to undergo training and use the appropriate safety apparel and equipment. This legislation would also authorize counties to close roads within certain hours of the day for easier and safer pickup and dropoff zones. The bill now awaits passage in the House. 

 

Improving student safety on college campuses – Legislation to ensure college students in Tennessee can protect themselves on campus without facing criminal charges advanced out of the Senate Judiciary Committee this week. 

Senate Bill 1868, sponsored by Senator Joey Hensley (R-Hohenwald) would clarify that it is not a crime for adults to carry certain non-lethal weapons in most buildings, recreation areas and other facilities on public college campuses. The bill specifies that non-lethal weapons include pepper spray, a pepper spray gun, pepper gel, mace, an electronic control device, a stun gun or other conducted energy device. The legislation now awaits approval on the Senate floor.

 

Emergency phones on college campuses – To enhance safety measures on college campuses, Tennessee higher education institutions have blue-light emergency phones, which connect callers directly to emergency services. Senator Jon Lundberg (R-Bristol) is sponsoring legislation to further safeguard students by mandating all calls made from those emergency phones be recorded. Senate Bill 1784 passed out of the Senate State and Local Committee on Wednesday and now awaits final passage on the Senate floor. 

 

Increasing private school safety – Legislation sponsored by Senator Joey Hensley (R-Hohenwald) is aimed at increasing safety at more private schools in Tennessee. Existing state law only allows K-12 private schools to establish a handgun carry policy. Senate Bill 1708 allows a private school with students in pre-kindergarten through 12th grade to adopt a handgun carry policy for its campus. The bill passed out of the Senate Education Committee on Wednesday and now awaits final consideration on the Senate floor.

 

Supreme Court Affirmative Action Ruling – Last year, the Supreme Court of the United States reversed the discriminatory practice of affirmative action, which allowed race to be used as a deciding factor in admission to a university. Senator Rusty Crowe (R-Johnson City) is sponsoring Senate Bill 2822 which will ensure that higher education institutions are complying with the Supreme Court’s decision in admission practices. 

The bill adds that any audit of a higher education institution by the Tennessee Comptroller must review compliance with the Supreme Court ruling and ensure no Tennessee higher education institutions are using race as an admissions factor. The bill passed the Senate this week and is still moving through committees in the House of Representatives. 

 

Right to parental notification – To continue efforts to address gender identities of children in school, Senator Paul Rose (R-Covington) is sponsoring Senate Bill 1810 which will ensure parents are made aware if their child asks for accommodations in school to affirm their gender identity. The bill passed the Senate floor this week. 

Last year, the General Assembly passed Senate Bill 466 which protects teachers from being disciplined, fired or held civilly liable when asked to use pronouns not consistent with a student’s biological gender. 

 

Increasing availability of middle school CTE courses –In an effort to provide more students with access to career development, legislation sponsored by Senator Janice Bowling (R-Tullahoma) would expand the availability of Career and Technical Education (CTE) courses for middle school students. 

CTE class size maximums are currently set at an average of 20 and a maximum of 25 students. Senate Bill 2764 would allow Local Education Agencies (LEAs) to expand CTE class size in grades 6-8 to an average of 30 and a maximum of 35 students. This legislation passed out of the Senate this week and awaits final approval in the House of Representatives.

 

Public school therapy dog pilot program proposed – A bill to create a therapy dog pilot program in Tennessee public schools advanced in the Senate this week. Senate Bill 1867, also known as the Beyond Ordinary Learning Opportunities Act, sponsored by Senator Joey Hensley (R-Hohenwald) would require the Tennessee Department of Education (DOE) to create a one-year pilot program that would place a therapy dog in five public schools statewide. The pilot program would take place during the 2024-25 school year. The DOE would then submit a report to the General Assembly detailing the effectiveness of the program.

Therapy dogs in schools can improve students’ social well-being and reading skills and have other cognitive benefits, according to the Alliance of Therapy Dogs. Senate Bill 1867 passed the Senate Education Committee on Wednesday and now moves to the Senate Finance, Ways and Means Committee.

 

Tennessee leads the nation in trusts – Every year for almost a decade, Tennessee has updated its trust laws and is now one of the leading trust jurisdictions in the country. This week the Senate passed legislation sponsored by Senator John Stevens (R-Huntingdon) that continues those annual efforts to improve Tennessee’s trust laws. Senate Bill 2256 makes various updates to strengthen trust laws to keep Tennessee at the forefront of the country’s leading trust jurisdictions. 

The state’s annual efforts to improve trust laws have resulted in new trust companies coming to Tennessee and increased business opportunities for existing trust companies. In the past eight years, the total trust assets under management in Tennessee has increased from $25 billion to $270 billion.

 

Prohibiting gender transition treatment for inmates- The Senate State and Local Government advanced Senator Kerry Roberts’ (R-Springfield) legislation, Senate Bill 2861, to prohibit the Department of Corrections from administering hormone replacement therapy or providing sex reassignment surgery for inmates with gender dysphoria. The legislation ensures no state funds go towards gender transition treatments.

This is the latest move by Republican lawmakers to push back against pervasive gender ideologies. Last year, the General Assembly passed Senate Bill 1, sponsored by Majority Leader Jack Johnson (R-Franklin), which prohibits gender transition surgeries and hormones from being administered to minors in Tennessee. 

 

Mental health emergency admittance – Senator Ed Jackson (R-Jackson) is sponsoring legislation aimed at improving the protection of individuals with mental health concerns and their families. 

Currently, individuals can only be admitted to a treatment facility in emergency situations if there is an immediate risk of harm. However, this often means intervention comes too late to prevent harm. Senate Bill 2734 seeks to address this issue by replacing the term “immediate” with “imminent” risk, allowing for earlier intervention and better protection for those in need and their communities.

 

Healthcare Provider Advertising Law – Senator Joey Hensley (R-Hohenwald) is sponsoring legislation to strengthen the standards for advertisements that include a healthcare practitioner’s name.  

The measure requires any advertisement that uses a healthcare practitioner’s name to prominently state the profession or license held by the practitioner. It expands upon an already existing law that requires providers to wear identification badges within their offices so that patients are informed of their provider’s information and credentials. 

Additionally, the legislation prohibits an advertisement from portraying any deceptive or misleading information such as a physician claiming to be a specialist without having the required training in that specialty. 

The Healthcare Provider Advertising Law passed the Senate Health and Welfare Committee and advances to the Senate floor for final approval. 

 

Changes to medical licensing standards – The Senate Health and Welfare Committee advanced two bills sponsored by Senator Paul Rose (R-Covington) this week that remove barriers to licensing for two medical occupations. 

Senate Bill 2004 adds licensed professional counselors, marital and family therapists and clinical pastoral therapists to the list of medical practitioners in code. This will allow for these mental health specialists to serve more people across Tennessee. 

Senate Bill 468 will address the shortage of licensed sleep technicians in Tennessee. The bill will allow a student to present A-STEP training as a satisfactory requirement for licensure as a polysomnographic technologist. 

Both bills advance to the Senate floor for final consideration. 

 

Misdemeanor sentencing – Senate Bill 1859, sponsored by Senator Paul Rose (R-Covington) would extend the percentage of a misdemeanor sentence that a court may require a defendant to serve from 70 percent to 100 percent. As it stands, the maximum percentage is 75 percent time served, and this bill would give local judges the flexibility to require offenders to serve their whole sentence, allowing judges to make the best decision for the defendant and their communities. Senate Bill 1859 passed the Senate Judiciary Committee and now awaits final passage on the Senate floor. 

 

Restraining orders – To help ensure the safety of individuals protected by restraining orders, legislation sponsored by Ed Jackson (R-Jackson) would clarify how long protective orders remain in place leading up to and during court proceedings. Senate Bill 1905  would state that a protective order remains in effect during the appeal to a circuit or chancery court unless otherwise ordered by the general sessions judge or official. This bill passed out of the Senate Judiciary Committee on Tuesday and now awaits passage on the Senate floor. 

 

Offsetting costs for county jails – To help offset the operations costs of county jails, Senator Jon Lundberg (R-Bristol) is sponsoring legislation that would reimburse county jails for the costs of providing HIV medications for inmates. Senate Bill 1771 would require the state Department of Correction to pay for HIV medications for inmates committed to a county jail or workhouse who previously received prescription medication to treat HIV or AIDS through a state department, agency, or program, such as TennCare. These medications can run up to $7,000 per month for each affected inmate, which can have a severe impact on budgets for county jails. The bill passed out of the Judiciary Committee on Tuesday and now moves to the Senate Finance, Ways and Means Committee. 

 

State dedications – The Senate State and Local Government Committee this week passed measures to dedicate certain times of the year to honor and appreciate women veterans and Christian heritage. 

SJR 1044, sponsored by Senator Becky Massey (R-Knoxville), dedicates June 12, 2024 as Women Veterans Appreciation Day. 

Senate Bill 2306, sponsored by Senator Paul Rose (R-Covington) designation November as Christian Heritage Month

 

Human Rights Commission restructuring – Senator John Stevens (R-Huntington) passed Senate Bill 2503 on the Senate floor directing the Human Rights Commission to work with the Attorney General’s office to review the feasibility of transitioning into a part of the Attorney General’s office. 

Tethering the Human Rights Commission to the judicial branch will provide increased fairness and responsiveness. It requires the Attorney General to submit its recommendations to the Senate and House speakers no later than January 1, 2025. 

 

Urging state cooperation to fight human trafficking – A resolution urging interstate cooperation to fight human trafficking was unanimously approved by the Senate Judiciary Committee this week. 

House Joint Resolution 798, sponsored by Majority Leader Jack Johnson (R-Franklin), encourages Gov. Bill Lee to work with necessary law enforcement agencies and neighboring states to identify and prosecute individuals and organizations engaged in child and human trafficking. 

There were 518 reports of minor sex trafficking in the state of Tennessee as of Nov. 5, according to the Tennessee Bureau of Investigation. 

 

Increasing support for victims of child sex trafficking – Legislation that would give victims of child commercial sex trafficking more time to file a civil lawsuit against their attacker advanced this week in the Senate. 

Senate Bill 1801, sponsored by Senator Jack Johnson (R-Franklin), would allow victims to sue up to 30 years after they turn 18 for any injuries or illnesses that occurred as a result of the sexual abuse. The law currently gives victims 15 years after they turn 18 to pursue civil action against an alleged perpetrator. The legislation passed out of the Senate Judiciary Committee on Tuesday and now awaits passage on the Senate floor.

 

Prioritizing safety of children in custody cases – Senator Becky Massey (R-Knoxville) is sponsoring legislation to ensure judges are equipped to handle custody proceedings involving child abuse. Senate Bill 2627 requires the court to always ensure the safety of the child in all cases of custody or reunification treatment. This legislation would also require the courts to consider evidence of abuse of the sibling in custody cases. The legislation passed out of the Senate Judiciary Committee and now awaits passage on the Senate floor. 

 

Improving safety at campgrounds – Senator Paul Bailey (R-Sparta) is sponsoring legislation aimed at improving safety at campgrounds by ensuring campground rules are clearly posted for visitors. 

Senate Bill 2918 would require campground owners to inform visitors of campground policies such as curfew, alcohol use, tobacco use, and pets by posting the policies in high-traffic areas or using alternative methods of notification. The legislation would also require a campground owner to remove a person who breaks these policies and notify local law enforcement. 

The legislation passed the Senate floor on Thursday and now awaits signature from the governor. 

 

Opportunities for engineers – Senate Bill 2498 sponsored by Senator Bill Powers (R-Clarksville), seeks to increase the number of engineers in Tennessee. The legislation would allow graduates of an unaccredited engineering technology program to become a certified engineer if certain requirements are met. The legislation passed the Senate floor this week. 

 

Live music and performance venue fund – Live music venues are a significant part of Tennessee’s rich music history. To further promote this culture and advance tourism development across the state, Senate Bill 2508, sponsored by Senator Jack Johnson (R-Franklin), will create the live music and performance venue fund.  The Department of Economic and Community Development will oversee the fund and distribute grants to eligible recipients.

 

Protecting animals – Multiple bills passed out of the Senate Judiciary this week aimed at protecting animals in Tennessee.

Senate Bill 1767, sponsored by Senator Jon Lundberg (R-Bristol) expands the definition of “racketeering activity” to include committing, conspiring to commit, aiding, attempting to aid, soliciting, coercing, facilitating, or intimidating another person to commit the criminal offense of animal fighting.  

Another bill sponsored by Lundberg raises the criminal offense of certain animal cruelty offenses. Senate Bill 1782 would raise the criminal offense of cock fighting from a Class A misdemeanor to a Class E felony.

Both bills now await final consideration on the Senate floor. 

 

Bills Previously Covered that Passed the Senate Floor: 

• HJR 81 – sponsored by Niceley, will prohibit a state property tax. (Covered Week 6). 
• Senate Bill 1201 – sponsored by Johnson, will ensure subcontractors are paid in a timely manner. (Covered Week 9). 
• Senate Bill 1545 – sponsored by Rose, will grant state employees who become foster parents six weeks of paid leave. (Covered Week 9). 
• Senate Bill 1699 – sponsored by Rose, will prohibit convicted offenders from communicating with their victims for life. (Covered Week 9). 
• Senate Bill 1738 – sponsored by Rose, enacts the Tennessee Foster and Adoptive Parent Protection Act, which protects religious freedom for existing and prospective foster and adoptive parents in Tennessee. (Covered Week 9). 
• Senate Bill 1881 – sponsored by Massey – makes telehealth more accessible to patients. (Covered Week 9). 
• Senate Bill 1998 – sponsored by Jackson, would require organizers of public school athletic events to accept cash for admission or the purchase of concessions or other items for sale at the event. (Covered Week 9). 
• Senate Bill 2098 – sponsored by Johnson and Massey, will merge the Department of Intellectual and Developmental Disabilities and the Commission on Aging and Disability into the Department of Disabilities and Aging. (Covered Week 9). 
• Senate Bill 2151 – sponsored by Johnson, will prohibit providers from coercing, misleading or misrepresenting information to a patient receiving a vaccine or screening test. (Covered Week 9). 
• Senate Bill 2337 – sponsored by Yager, will enhance the penalty inmates receive for indecent exposure while incarcerated. (Covered Week 9). 
• Senate Bill 2349 – sponsored by Haile, clarifies that the definition of a dependent and neglected child means a child at the time of the filing of the petition. (Covered Week 9). 
• Senate Bill 2428 – sponsored by Powers, will enable county fire departments to be better prepared to respond to emergencies. (Covered Week 8).
• Senate Bill 2571 – sponsored by Taylor, creates the Parent Accountability Act aimed at creating accountability for parents with delinquent children. (Covered Week 8). 
• Senate Bill 2585 – sponsored by Taylor, criminalizes the selling, manufacturing, purchasing and possessing of license plate flippers. (Covered Week 8). 
• Senate Bill 2741 – sponsored by Gardenhire, will require state and local governing bodies to make meeting agendas available at least 48 hours in advance of the meeting. (Covered Week 9). 

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The Transportation and Safety Committee concluded its business for the year, while several other committees set their final calendars.  All nine standing committees completed their budget hearings where they closely examined 63 total budgets from state departments and agencies.  

On Monday, in a joint session of the General Assembly, lawmakers confirmed Mary L. Wagner, of Germantown, to the Tennessee Supreme Court. She is the third justice appointed by Governor Bill Lee and will succeed Justice Roger Page, who is retiring in August. 

This week, lawmakers prioritized legislation to protect children from harmful online content, as well as protect the religious freedom of foster and adoptive parents in Tennessee. Other legislation advanced this week to crack down on the opioid crisis by punishing distributors of deadly drugs and expanding the ability for providers to treat opioid addiction.

Next week, members will start to turn their attention toward the budget and begin submitting appropriations amendments to request funding for legislation or other budget items. 

 

Protecting Children from Social Media Act

It is vital to ensure the safety and well-being of Tennessee youth in the digital age. With the exponential growth of social media platforms, the Protecting Children from Social Media Act, sponsored by Leader Jack Johnson (R-Franklin), aims to safeguard children from harmful content found on social media platforms.

“The evidence is clear: social media has harmful effects for children, teens and young adults,” said Johnson. “Oftentimes young children create social media accounts without their parents knowledge or consent. The unsupervised use of social media by children is not only inappropriate but can be potentially harmful to those children. This legislation puts parents back in the driver’s seat of their children’s social media usage. It lays out clear steps social media companies must take to verify the ages of users to protect Tennessee children and empower parents.”

The bill would require social media companies to verify the age of any individual creating an account on their platform. If the account holder is a minor, the company must obtain express consent from the parent or guardian for the account creation.

Additionally, the bill would require social media companies to provide parents and guardians with account restriction options for their child. These restrictions include privacy settings, daily time restrictions, and implemented breaks from the platform. 

Senate Bill 2097 cleared the Senate Commerce and Labor Committee and is now awaiting final passage on the Senate floor.

 

Republicans seek to protect children from accessing pornography online

Protecting children is a top priority of Republicans in the state. Legislation advanced in the Senate this week seeking to shield kids from the harmful effects of pornography.

Senate Bill 1792, sponsored by Senator Becky Massey (R-Knoxville), seeks to prevent children from accessing explicit adult content by requiring online media companies and operators to verify users’ age for access.

“Introducing children to pornography constitutes a type of sexual abuse and exploitation, with profound implications for their intellectual growth and emotional health,” said Massey. “We need to make every effort to prevent children from accessing online sites with content that is not only extremely inappropriate for children, but can damage their development and impact their relationships.” 

Known as the Protect Tennessee Minors Act, the bill would require companies to verify users are at least 18 using a valid form of identification issued in the United States.

The legislation would create a Class C felony for website owners and operators convicted of violating the law. The Tennessee Department of Homeland Security would be responsible for enforcing compliance with the law.

A national survey by Common Sense Media cited 73 percent of teen respondents aged 13-17 had watched pornography online. Fifty-four percent reported first watching pornography online before age 13.

The bill passed the Senate Commerce and Labor Committee on Wednesday and now awaits final passage on the Senate floor. 

 

Including AI-Generated images to materials that qualify as sexual exploitation of a child

Similarly, another bill advanced this week to strengthen laws regarding the sexual exploitation of children. Senate Bill 2668, sponsored by Senator Dawn White (R-Murfreesboro), would add AI-generated images are punishable under the state’s laws dealing with sexual exploitation of children. The legislation advanced out of the Senate Judiciary Committee to the Senate floor. 

 

Senate Republicans Advance Tennessee Foster and Adoptive Parent Protection Act 

This week, Senate Judiciary Republicans advanced legislation that will enact the Tennessee Foster and Adoptive Parent Protection Act. The legislation aims to protect religious freedom for existing and prospective foster and adoptive parents in Tennessee and ensure that the number of foster care homes in Tennessee continues to grow. 

In other states, families seeking to adopt or foster have been denied approval because of their religious beliefs on marriage or traditional sexuality.  Senate Bill 1738, sponsored by Senator Paul Rose (R- Covington), specifically prohibits the Department of Children’s Services (DCS) from requiring foster parents to adopt, affirm, or support any government policy. It also prevents DCS from denying eligibility to foster or adopt because of their religious and moral beliefs held. The bill also maintains that a child’s best interest is prioritized during placement. 

“We desperately need foster homes around the country,” said Sen. Rose. “In Tennessee, we will ensure no family is denied the ability to foster or adopt because of their religious beliefs. This bill aims to protect foster and adoptive families’ religious freedom and ensures we do not exclude those loving families from foster care and adoption.” 

The bill advances to the Senate floor for final consideration. 

 

Paid Leave for State Employee Foster Parents – Senate Bill 1545, sponsored by Senator Paul Rose (R-Covington), will grant state employees who become foster parents six weeks of paid leave to promote the consistent stability and support crucial to a child’s well-being. Last year, the General Assembly enacted legislation to extend paid leave upon the birth or adoption of a child for state employees, and this legislation expands upon that effort. The bill received unanimous approval in the State and Local Government Committee and advances to the Senate floor for final approval. 

 

Tennessee lawmakers move to punish distributors of deadly fentanyl with second-degree murder

Tennessee lawmakers are taking active steps to address the state’s opioid crisis, particularly the alarming rate of fentanyl overdoses. The Senate recently passed a resolution to assist Texas with its border crisis, recognizing the link between border security and drug trafficking. This week, the Tennessee General Assembly is moving forward with legislation to enhance the penalties for fentanyl distribution. 

Senate Bill 1754, sponsored by Senator Adam Lowe, would enable District Attorneys to pursue second-degree murder charges for offenders who distribute fentanyl that results in the death of another person.  The legislation would allow an offender to be prosecuted for both drug distribution and second-degree murder charges. 

The bill also addresses intrastate drug trafficking by allowing the use of geotracking services to find and prosecute distributors that are crossing county lines. 

“I recently visited the Texas border to see where the fentanyl we are seizing in Tennessee is coming from,” said Lowe. “I spoke with border patrol agents and there is another level of this crisis that hasn’t even made it to Tennessee yet. The question is: what more can we do? We have to address the trafficking of fentanyl and we have to take a hard line on Fentanyl in Tennessee.” 

The Senate Judiciary Committee passed Senate Bill 1754 on Tuesday. The bill now moves to the Senate Finance, Ways and Means Committee. 

 

Increasing access to opioid addiction treatment – Those who are battling opioid addiction can seek treatment at a federally qualified treatment center where mid-level physicians, like nurse practitioners and physician assistants, can prescribe buprenorphine which is used in medication-assisted treatment. Currently, those mid-level physicians are capped at 50 patients they can treat with buprenorphine. To increase access to treatment centers, Senator Shane Reeves (R-Murfreesboro) is sponsoring legislation that will increase the number of patients from 50 to 100 that a mid-level physician can see and treat with buprenorphine. The bill would also increase the number of mid-level physicians a physician can supervise from four to five. Senate Bill 2019 advanced out of the Senate Health and Welfare Committee to the Senate floor for final approval.

 

General Assembly passes bill ensuring local governments enforce laws  

The General Assembly on Thursday approved legislation ensuring local governments cannot nullify state laws. Senate Bill 2572, sponsored by Senator Brent Taylor (R-Memphis) will prevent local government or officials from limiting the ability of law enforcement to conduct a traffic stop if a local, state or federal law is believed to have been violated. 

It ensures law enforcement is not prohibited from investigating suspected traffic-related violations like speeding, expired tags, broken headlights or taillights, or loose bumpers. 

“I am grateful to my colleagues for understanding how important routine traffic stops are to restore law and order in our community,” said Taylor. “It’s time to take handcuffs off police and put them on criminals where they belong. I am dedicated to doing all I can to get crime under control and make Memphis matter. We must continue to work to save our city. Tennessee cannot be successful if its most famous city is sliding into chaos.”

The Senate passed Senate Bill 2572 on Thursday following the House passing the legislation last week. The bill now heads to Gov. Bill Lee’s desk for his signature.

 

Prioritizing safety of communities when setting bail – Senate Bill 2562, also sponsored by Taylor, requires judges to prioritize the safety of communities when setting bail for defendants. Other factors, such as the likelihood of appearing for their court date, would still be considered.

 

Enforcing sanctuary city ban – To ensure that no city in Tennessee is harboring illegal immigrants, Sen. Taylor is sponsoring legislation that will require the Sheriff of every county to fully comply with the Department of Homeland Security (DHS). Legislation was passed in 2018 that authorized sheriffs to ban sanctuary cities in Tennessee. This bill ensures that the prohibition of sanctuary cities is enforced. Senate Bill 2576 advances to the Senate floor. 

 

Lifetime orders of protection – The Senate Judiciary Committee advanced Senate Bill 1699 sponsored by Senator Paul Rose (R-Covington) to extend lifetime protection for victims of aggravated stalking. The legislation would prohibit convicted offenders from communicating with their victims for life. The bill strengthens existing legislation passed by the General Assembly in 2021 that allowed victims of violent crime to petition a court for a lifetime order of protection.

 

Cracking down on indecent exposure by inmates – There is a rampant problem in state prisons of inmates continuously exposing themselves to correctional officers and other staff members, especially female officers and staff. Senator Ken Yager (R-Kingston) is sponsoring Senate Bill 2337 which will enhance the punishment to a Class E felony from a Class A misdemeanor.  If convicted, it would extend the inmate’s sentence by two weeks. If convicted more than once, the sentences will be served consecutively. The bill advanced out of the Senate Judiciary Committee to the Senate floor for final consideration. 

 

Protecting property from unnecessary government seizure – Senator Frank Niceley (R-Strawberry Plains) is sponsoring two bills that will protect citizens from abuse of eminent domain powers.

Senate Bill 1984 prohibits the use of eminent domain power to seize land for recreational use. The bill does not change the use of eminent domain for roads, bridges or other utility needs. 

Senate Bill 1983 would require the authority condemning land under eminent domain to prove in court the property is necessary for public use.  The condemning authority must provide a plan for the finished project,  a funding source, and there must be no other reasonable property for sale in the vicinity. Both bills passed out of the Senate Judiciary Committee and advanced to the Senate floor for final approval. 

 

Minimizing foreign influence in real estate in Tennessee by sanctioned countries – Lawmakers this week continued efforts to restrict foreign influence and ownership of Tennessee land. 

Last year, the Tennessee General Assembly passed Senate Bill 122,  sponsored by Niceley, which prevents foreign governments, businesses and non-US citizens from the 38 countries on the U.S Department of Treasury’s sanctions list, in addition to China, from purchasing or acquiring real estate in Tennessee. 

To build on those efforts, this year, Sen. Ed Jackson (R-Jackson) is sponsoring Senate Bill 2843 which further prevents these governments from influencing Tennessee real estate by prohibiting a foreign business entity from entering into an agreement relating to critical infrastructure or agricultural land in this state. The bill passed the Senate Commerce and Labor Committee and now moves to the Senate Finance, Ways and Means Committee.

 

Preventing healthcare coercion – To protect patients from undue pressure by healthcare providers, Senate Majority Leader Jack Johnson (R-Franklin) is sponsoring legislation that will prohibit providers from coercing, misleading or misrepresenting information to a patient receiving a vaccine or a screening test. 

The legislation is aimed at protecting an individual’s right to make their own healthcare decisions. Senate Bill 2151 passed the Health Committee this week and advances to the Senate floor for final consideration. 

 

Exclusive waterfowl hunts for veterans – The Senate approved legislation this week to expand hunting opportunities for veterans and active duty military. 

Senate Bill 1716, sponsored by Senator Joey Hensley (R-Hohenwald), would establish two days exclusively for veterans and active military personnel to hunt waterfowl at no cost. The legislation requires the veteran to be issued the necessary permits and licenses to hunt waterfowl at no cost to the veteran.  

 

Designating 10 State Books – Tennessee has many official state symbols ranging from flowers to songs, but there are currently no official state books. Senator Paul Rose is sponsoring Senate Bill 1822 which will designate ten official state books written largely by Tennessee authors. 

The books center around the history of the United States, democracy and Tennessee culture. Among the proposed state books are All the King’s Men by Tennessean Robert Penn Warren; The Civil War: A Narrative by renowned historian from Memphis Shelby Foote; Coat of Many Colors by Dolly Parton; and the Aitken Bible which was the first first English Bible printed in America in 1782. 

The bill passed the Commerce and Labor Committee this week and advances to the Senate floor for final consideration. 

 

Fighting human trafficking at adult entertainment establishments – The Senate Judiciary Committee approved legislation that requires that all adult-oriented establishments post the human trafficking hotline number on bathroom doors and all doors going in and out of the establishment. Senate Bill 2663 is sponsored by Senator Dawn White (R-Murfreesboro) and advances to the Senate floor for final approval. 

 

Transparent prescription drug pricing – Tennessee lawmakers are advancing legislation to help provide patients with more clarity on the cost of their prescription drugs. Speaker Pro Tem Ferrell Haile (R- Gallatin) is sponsoring Senate Bill 2274 to encourage pharmacists to disclose the lowest prescription drug cost before purchase and inform their patients about the effect it will have on their deductible status. This legislation addresses issues with cash discount cards, which can sometimes be misleading and adversely affect a patient’s deductible status. 

 

Extending mental health coverage – Legislation sponsored by Senator Becky Massey (R-Knoxville) would improve mental health coverage for TennCare recipients. Senate Bill 2801 would require TennCare to align coverage for mental health services with the coverage provided for alcoholism and drug dependence. The legislation passed the Commerce Committee on Tuesday and now awaits passage in the Senate Finance, Ways and Means Committee. 

 

Making telehealth more accessible –  Senator Becky Massey (R-Knoxville) is sponsoring legislation designed to make telehealth more accessible to patients. Under current law, provider-based telemedicine patients must establish an in-person relationship with their provider before meeting virtually and must also meet in person every 16 months. Senate Bill 1881 would eliminate the requirements of recurring in-person meetings and would also give providers the discretion as to whether patients are required to meet first in person. The bill passed the Senate Commerce and Labor Committee on Tuesday and now awaits passage on the Senate floor. 

 

Expediting construction timelines – The Senate Commerce and Labor Committee advanced legislation aimed at expediting construction timelines for Tennessee homeowners. Sponsored by Senator Paul Rose (R-Covington), Senate Bill 1735 would mandate fire marshals to conduct inspections within 72 hours of receiving inspection requests. The bill now awaits passage in the Senate Finance, Ways and Means Committee. 

 

Safeguarding subcontractors’ pay – To help protect subcontractors, the Senate Commerce and Labor Committee passed legislation sponsored by Leader Jack Johnson (R-Franklin) that would ensure subcontractors are paid promptly. Senate Bill 1201 would require contractors to pay contractors within 90 days of project completion or face a $500 daily penalty payable to subcontractors. This legislation passed out of the Senate Commerce and Labor Committee and now awaits passage on the Senate floor.

 

Adjusting District Attorney and Public Defender pay – Senator Ken Yager (R-Kingston) is sponsoring legislation that will increase the pay for elected district attorneys and public defenders. These professionals have not had a pay scale adjustment since 2006, while nearly every government agency has received a substantial pay increase within the last few years. Tennessee places a high value on public servants. The attorneys sworn to protect the public from harm and uphold the Constitution must be adequately compensated. Senate Bill 2332 passed the Senate Judiciary Committee and moves to the Senate Finance Committee. 

 

Open Meetings – To further ensure public access to meetings, Senator Todd Gardenhire (R-Chattanooga) is sponsoring legislation that will require state and local governing bodies to make meeting agendas available at least 48 hours in advance of the meeting. Current law requires state and local legislative bodies to adhere to the same rule. The bill advances to the Senate floor for final consideration. 

 

Clarifying dependent and neglected child definition – Senator Ferrell Haile (R-Gallatin) is sponsoring legislation that clarifies the definition of a dependent and neglected child to specify that the criteria for dependence and neglect must be present at the time a petition is filed, not at the time the case is decided. Senate Bill 2349 advances to the Senate floor for final consideration. 

 

Keeping Tennesseans’ food safe – In an effort to protect the health and safety of Tennesseans, Senator Frank Nicely (R-Strawberry Plains) is sponsoring legislation to maintain safe food standards in stores. Senate Bill 2870 would prohibit the importation, sale, and distribution of cell-cultured food products in Tennessee. The legislation passed out of the Senate Commerce and Labor Committee on Wednesday and now awaits passage on the Senate floor.

 

TACIR report on underage smoking prevention – To gather information on underage tobacco and vape usage, Senator Becky Massey (R-Knoxville) is sponsoring legislation that would require the Tennessee Advisory Commission on Intergovernmental Relations (TACIR) to conduct a study on the effects of vaping and the use of all vapor products by those under the age of 21. The study would examine the initiation of product usage, health outcomes and access to cessation products and services. The TACIR report must submit the report to the General Assembly by January 31, 2025.  Senate Bill 2278 passed the Senate Commerce and Labor Committee on Wednesday and now awaits passage on the Senate floor.

 

Maintaining child and grandparent relationships: Senator Ed Jackson (R-Jackson) sponsored legislation that would help children maintain meaningful relationships with their grandparents. Senate Bill 2840 would allow judges to grant visitation to grandparents when it is in the best interest of the child. The bill passed the Senate Judiciary Committee and now moves to the Senate floor for final passage.

 

Accepting cash at school events: Legislation sponsored by Ed Jackson (R-Jackson) ensures that cash can be used as payment at public school athletic events. Senate Bill 1998 would require organizers of public school athletic events to accept cash for admission or the purchase of concessions or other items for sale at the event. The bill also prohibits organizers of these events from charging a cash price that exceeds the price if paid by credit or debit card. The bill passed the Senate Education Committee on Wednesday and now awaits final passage on the Senate floor. 

 

Protecting Tennessee Schools and Events Act – Protecting children in schools is one of Tennessee lawmakers’ top priorities. To continue those efforts, Senator Janice Bowling (R-Tullahoma) is sponsoring legislation that would provide metal detectors for all Tennessee schools to help protect their students from violent acts or objects. Senate Bill 2765 passed the Senate Education Committee on Wednesday and now moves to the Senate Finance, Ways and Means Committee to review the cost of the legislation.

 

Reducing size of state government — Senate Bill 2098, cosponsored by Senator Becky Massey (R-Knoxville) will merge the Department of Intellectual and Developmental Disabilities and the Commission on Aging and Disability into the Department of Disabilities and Aging. The creation of this department will enable better coordination and stronger advocacy for all Tennesseeans to live and age with as much independence as possible. The department will also help the providers in the fields that are helping make a difference in the lives of Tennessee’s vulnerable population. The bill advances to the Senate floor for final approval. 

 

Board of Osteopathic Examination Advisory Letters – Senator Brent Taylor (R-Memphis) is sponsoring legislation that will allow the Board of Osteopathic Examination to release advisory letters to physicians seeking guidance. Currently, licensing boards cannot issue these letters without explicit permission in code. Senate Bill 2590 passed out of the Senate Health and Welfare Committee and advances to the Senate floor for final approval. 

 

Legislation previously covered that passed the senate floor this week

• Senate Bill 1914 – Sponsored by Niceley, will support healthy kids in schools by allowing for a dispenser with whole milk options. 
• Senate Bill 2039 – Sponsored by Rose, codifies that hunting, fishing and conservation are the preferred methods of wildlife management in Tennessee. 
• Senate Bill 2046 – Sponsored by Stevens, will increase the safety of workers trying to make repairs around bodies of water in Tennessee. 
• Senate Bill 2070 – Sponsored by Johnson, will hold caregivers, parents or guardians accountable to protect the child from abuse by other individuals in the home.
• Senate Bill 2133 – Sponsored by Lowe, delegates regulatory oversight of intrastate commerce from the federal government to the state. 
• Senate Bill 2134 – Sponsored by Walley, establishes the Social Work Licensure Compact. 
• Senate Bill 2147 – Sponsored by Johnson, will guard the elderly and disabled adults and their families from financial exploitation. 
• Senate Bill 2175 – Sponsored by Hensley, enacts the Smart Heart Act which will help protect the health and safety of Tennessee students. 
• Senate Bill 2428 – Sponsored by Powers, will enable county fire departments to be better prepared to respond to emergencies. 
• Senate Bill 2572 – Sponsored by Taylor, ensures law enforcement can conduct routine traffic stops as part of their efforts to protect public safety. 

(NASHVILLE) March 31, 2023 – Like all Tennesseans, the Senate is mourning the horrific and senseless attack on Covenant School, a private Christian school in Nashville, that stole the lives of three children and three adults.

In recognition of the victims of the horrific attack, the Senate conducted no business in its Monday floor session. The Reverend Russell Hall of Mt. Olive Church of God in Cleveland, Tennessee led the Senate in a prayer and members were then dismissed to reflect on the tragic events of the day.

School security has been a top priority for the General Assembly this year. Senate Republicans remain committed to efforts to fortify school buildings and increase security measures to prevent tragedies like this in the future. A comprehensive school safety bill was set to be considered by the Senate Education Committee this week, but a vote has been delayed one week to review potential improvements to the proposed legislation.

“This legislation is the most comprehensive school security package that I have seen in my time here in the Senate,” said Education Committee Chair Senator Jon Lundberg (R-Bristol). “In light of what happened at Covenant School we want to take this time to explore any potential improvements we can make to this important legislation. I want to make sure we do all we can to strengthen school security.”

The Education Committee will consider the bill next Wednesday, April 4.

This week, Lt. Gov. Randy McNally wrote a letter to Gov. Lee outlining several ideas for enhancing school safety. Those include securing windows and glass in school buildings as the perpetrator of the Covenant School shooting shot out the glass of the school’s doors to gain entry. Other ideas include magnetic locks on doors, which keep shooters out and allow first responders speedier access in crisis; centralized and modernized camera systems to help police quickly identify a perpetrator’s location; and armed guards at all public and private schools.

Legislation proposes new oversight board to increase accountability for behavior-based sentence reductions for inmates

As part of the General Assembly’s efforts to crack down on crime and keep dangerous criminals off the streets, the Judiciary Committee passed legislation this week to create the Inmate Disciplinary Oversight Board to oversee the award of inmate sentence reduction credits for all correctional facilities in the state. The board would be tasked with reviewing the award, denial, and removal of inmate sentence credits for good institutional behavior or satisfactory program performance.

Currently, prisons across the state have their own disciplinary boards to determine the award of credits for sentence reduction. This bill would ensure that inmates across the state are awarded credits based on consistent standards.

Under Senate Bill 1236, sponsored by Lt. Governor Randy McNally (R-Oak Ridge) and Sen. Ed Jackson (R-Jackson), the full-time, autonomous board would be composed of nine members. The governor, speaker of the Senate and speaker of the House would each appoint three members to the board.

The necessity for expanded oversight regarding sentence reduction credits became clear to lawmakers following the high-profile murder of Eliza Fletcher in Memphis last year by a criminal who was released early from a 24-year prison sentence, despite 54 write-ups and no participation in any programs.  If Eliza Fletcher’s murderer had not been released early, he would have been behind bars the day he murdered the Memphis school teacher.

“This board will implement important statewide standards,” said Jackson, “It will ensure inmates who have exhibited good behavior and earned sentence reduction credits will receive them and, at the same time, ensure inmates who have received disciplinary infractions and refused to participate in programming will serve their full sentences.”

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

Protecting Tennessee businesses and workers — The State and Local Government Committee this week passed a bill aimed at protecting businesses and workers in Tennessee. Sponsored by Senator Shane Reeves (R-Murfreesboro), Senate Bill 681 would prohibit local governments from imposing requirements on an employer pertaining to hours worked, work scheduled or employee output during work hours.

The bill preempts local governments from imposing additional wage or employee benefit mandates on private employers. It prohibits local governments from requiring a private business to pay an hourly rate above minimum wage as a condition of contracting with the local government or operating within the local government’s jurisdiction. The bill also prohibits a local government from giving preference to vendors, contractors, service providers or other parties doing business with a local government based on wages or the employee benefits they provide.

Under the bill, local governments maintain the right to adopt policies for their own employees.

“Tennessee is an employment-at-will state and this legislation supports the employer/employee relationship that’s so important for our thriving economy,” Reeves said.

Preventing reparations on the local level — Local governments throughout the country are currently exploring “reparations” or payments to individuals who are descendants of slaves.  Shelby County has allocated $5 million to study and administer reparations proposals. To protect taxpayer money from being spent on this divisive issue, the State and Local Government Committee passed Senate Bill 429, sponsored by Sen. Brent Taylor (R-Memphis) which prohibits local governments statewide from using funds to study or disperse reparations.

Protecting free speech in schools — To protect free speech in schools, the Education Committee this week passed a bill that would prevent compulsory use of certain pronouns. Sponsored by Senator Paul Rose (R-Covington), Senate Bill 466 prevents teachers from being held civilly liable if they choose to use pronouns consistent with the student’s biological sex or the sex listed on the student’s permanent records. The bill extends the same protection to school districts. The bill also states a school or school district cannot bring disciplinary or adverse employment action against a teacher if they choose to use pronouns consistent with the student’s biological sex.

“The freedom of speech protects both the right to speak and the right not to speak,” said Rose. “This bill protects teachers from being compelled to speak against their conscience, worldview or core beliefs.”

Protecting the free exchange of ideas on college campuses — To promote freedom of expression and educational excellence on college campuses, the Education Committee this week advanced the Tennessee Higher Education Freedom of Expression and Transparency Act. Sponsored by Senator Joey Hensley (R-Hohenwald), Senate Bill 817 strengthens the prohibition on higher education institutions from being biased in favor of divisive concepts such as critical race theory. It establishes a transparent system for reporting alleged violations and complaints regarding divisive concept restrictions and requires institutions to report violations to the comptroller’s office. This bill prohibits bias or favoritism in the treatment of student groups and the use of school property. Under the bill, student-invited guest speakers may not be denied solely on race, religion or non-violent political ideology. Finally, the bill requires institutions to ensure employees whose job duties include diversity, equity or inclusion to be devoted to supporting student academic achievement and workforce readiness of all students.

Enhancing transparency and integrity of elections — Sponsored by Senator Art Swann (R-Maryville), Senate Bill 1182 requires candidates for president on the primary ballot to be certified by the state party chair. Currently, that responsibility belongs to the secretary of state. The bill requires the state coordinator of elections to certify to the county election commissions which names will appear on the ballot for each political party.

The bill also requires members of the State Election Commission to disclose if they receive payment for any services related to elections. Failure to timely disclose election services is cause for removal. This provision is intended to prevent conflicts of interest for serving members. The bill was passed by the State and Local Government Committee this week.

The Committee passed another bill this week to ensure voters are both citizens and properly registered. Sponsored by Senator Joey Hensley (R-Hohenwald), Senate Bill 137 requires the coordinator of elections to compare statewide voter registration databases with other state agencies and county records to identify any voters who have changed addresses without notifying their county election commission, and to compare statewide voter registration databases with the Department of Safety.

Clarifying uses for Nashville convention center’s excess revenue — To honor the intent of a 2009 law that allowed for the construction of Music City Center in downtown Nashville, the State and Local Government Committee this week passed a bill that clarifies uses for the convention center’s excess tax revenue. The 2009 law intended for excess revenue to go toward debt service and maintenance of the building, but the city over the years has instead diverted some of the revenue to its general fund. Sponsored by Leader Jack Johnson (R-Franklin), Senate Bill 648 clarifies excess tax revenue can only be used for prepayment or elimination of debt service as well as on capital and operating expenses of the facility. To ensure oversight on the state level, the bill also adds the state comptroller, state treasurer and the secretary of state as non-voting members of the convention center’s board of directors.

Improving community oversight boards — The State and Local Government Committee this week advanced a bill that seeks to improve community oversight boards by imposing statewide standards that have been proven effective. Sponsored by Senator Mark Pody (R-Lebanon), Senate Bill 591 authorizes municipal governing bodies to create a police advisory review committee upon adoption of an ordinance by a two-thirds vote. The purpose of the committee is to strengthen the relationship between citizens and law enforcement agencies to ensure a timely, fair and objective review of citizens’ complaints while protecting the individual rights of local law enforcement officers. The committee will make recommendations concerning citizen complaints to the head of law enforcement. The committees will consist of seven members appointed by the mayor with approval by the governing body.

Community oversight boards can enhance transparency and accountability of police departments, but there have also been instances of certain boards behaving in ways that have hindered rather than enhanced investigations. This bill ensures community oversight boards operate under the same standards statewide, allowing law enforcement to conduct an accurate, fair and valid crime scene investigation without interference by outside boards.

Helping military veterans and their families – Under the Interstate Compact on Educational Opportunity for Military Children, children of active duty service members can receive benefits and opportunities to help support them when they transition to a new school or area as a result of their parent’s service to the country. Senate Bill 317, sponsored by Senator Bill Powers (R-Clarksville), extends the benefits and opportunities provided by the compact to children of a member of any reserve component of the armed forces enrolled in grades K-12.

Sponsored by Senator Joey Hensley (R-Hohenwald), Senate Bill 724 allows honorably discharged veterans to obtain a temporary teaching license to fill a vacant position in a school. The permit will only be valid for a short time and must be used to fill a vacant position. Both bills were passed by the Education Committee this week.

Creating an Adult Sexual Assault Response Team – Senator Becky Massey (R-Knoxville) is sponsoring Senate Bill 22 which seeks to create an Adult Sexual Assault Response Team within law enforcement agencies. The team would assist in responding to incidents of sexual assault with adult victims that fall under the agency’s jurisdiction, and team members would need to be experienced in victim advocacy, law enforcement, criminal prosecution, health care services and mental health services. With this proposal, law enforcement agencies will be able to utilize their existing agency resources, and collaborate with community resources to better help sexual assault survivors. The legislation was approved by the Senate Judiciary Committee this week and advances to the Senate floor for final approval.

Abrial’s Law, the Keeping Children Safe from Family Violence Act – In the United States, 1 in 4 girls and 1 in 7 boys will experience child sex abuse by people they know, and many children are placed into the custody of dangerous adults. Senate Bill 722, sponsored by Senator Becky Massey (R-Knoxville) will require court personnel to participate in training on child sex abuse and domestic violence. The training will help prevent dangerous parents from abusing the family court system. The bill moves to the Senate floor for final consideration.

Requiring well-baby routines for neglected children – Neonatal abstinence syndrome (NAS) is a condition in which babies are born addicted to drugs, a result from the mother using drugs while pregnant. The baby is usually born with significant deficits and may struggle for their entire lives with effects. Senate Bill 655, sponsored by Senator Ed Jackson (R-Jackson), will require parents, guardians, or custodians of a child diagnosed with NAS to submit documentation to DCS of a well-baby routine examination by a licensed physician. This documentation will only apply to children less than the age of three and will help the Department of Children’s Services DCS better protect and care for children diagnosed with NAS. The bill was passed in the Judiciary Committee and now advances to the Senate floor for final approval.

Ensuring safe physical custody environments – Senate Bill 656, sponsored by Ed Jackson (R-Jackson), advanced out of the Judiciary Committee this week. The bill will require that before unsupervised visitation or physical custody is granted to a parent or guardian, the Department of Children’s Services (DCS) must provide documentation of at least two observed home visits to the courts before any custody or supervision is granted. This rule will only apply to those families in which the child was removed as a result of dependency and neglect. The bill will advance to the Senate floor for final approval.

Lowering burdens for small businesses recognizing asset depreciation – To remove time consuming tax filing requirements on small businesses, the Senate approved legislation to streamline the process for certifying the depreciation value of personal property for tax returns. Senate Bill 384 sponsored by Jon Lundberg (R-Bristol) raises the minimum depreciated value of tangible personal property from $1,000 to either $2,000 or less, or $10,000 or less but greater than $2,000 that the taxpayer may certify in lieu of detailing acquisition cost on the reporting schedule. This change will save 53% of small businesses time cataloging all personal property values, which often takes significant time but results in an incredibly small amount of money.

Improving Ease of Access for Food Trucks- Current law states that food truck businesses must obtain a permit in each county in which they want to operate. Because there is not a statewide recognized fire permit, a food truck may have to get multiple fire permits each year if they do business in multiple counties. Senate Bill 907, sponsored by Senator Frank Niceley, would require the state fire marshal to create a statewide fire permit to allow food trucks to operate in multiple counties throughout the year without having to obtain multiple fire permits. The bill advanced out of the Senate State and Local Government committee and moves to the Finance, Ways and Means Committee.

Establishing new grounds for parental rights proceedings – Currently, there are 15 grounds that can be cited as a legal reason to begin proceedings to terminate parental rights. One is a sentence to a correctional facility of 10 or more years for a parent whose child is younger than eight years old at the time of the sentence. Senate Bill 537, sponsored by Sen. Ferrell Haile (R-Gallatin), adds a ground for termination of parental rights if a parent receives a sentence of 6 or more years in a correctional facility in addition to meeting at least one other ground for termination of parental rights. The bill passed the Judiciary Committee this week and advances to the Senate Floor for final approval.

Increasing background checks for professional bail agents – Senate Bill 1153, sponsored by Senator Frank Niceley (R-Strawberry Plains), would require professional bail agents and bounty hunters to have an annual criminal history background check from the Tennessee Bureau of Investigation. The bill requires agents and bounty hunters to take an annual education class, and requires a criminal background check prior to taking the class. The bill passed the Judiciary Committee this week and advances to the Finance, Ways and Means Committee.

Increasing penalties for desecrating a house of worship – The Judiciary Committee passed legislation this week to expand the Class E felony offense for desecrating a house of worship. Senate Bill 848, sponsored by Senator Bo Watson (R-Hixson), adds “knowingly or recklessly” to the current Class E felony offense to “intentionally desecrate” a house of worship.

Ensuring deputy jailers can choose where they live — Sponsored by Senator Paul Rose (R-Covington), Senate Bill 923 prohibits local governments from applying residency restrictions to jailers or correctional officers employed by local governments. The bill ensures those occupations have the freedom to choose where they live, building off of a similar bill the General Assembly passed last year that pertains to law enforcement officers.

Streamlining higher education projects — The State and Local Committee this week advanced a bill that would modernize the State Building Commission’s process for higher education projects. Sponsored by Lt. Gov. Randy McNally (R-Oak Ridge), Senate Bill 1459 would streamline processes surrounding construction, renovation and maintenance of certain public higher education facilities. The legislation would create greater efficiency while maintaining transparency, and also cuts red tape for projects not funded by state appropriations.

Securing insurance for low-income housing — A bill that would help low-income housing entities secure insurance while lowering state expenditures was advanced by the State and Local Government Committee this week. Sponsored by Senator Page Walley (R-Savannah), Senate Bill 1085 would allow low-income housing entities to enter into agreements with each other and establish their own self-insurance pool rather than purchase insurance off the open market. The bill next goes to the Finance, Ways and Means Committee.

New State Symbols – The Senate this week passed two pieces of legislation designating new state symbols. Senate Bill 511, sponsored by Senator Ferrell Haile (R-Gallatin), will designate “The Tennessee in Me” by Debbie Mathis Watts as an official state song. House Joint Resolution 23, sponsored by Senator Adam Lowe (R-Calhoun), designated Pumpkin Pie as a symbol of the state of Tennessee.

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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.