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

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

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

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

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

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

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

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

Strengthening services for children and improving adoption and foster care 

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

Improving DCS

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

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

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

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

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

Enhancing Foster Care and Adoption

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

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

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

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

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

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

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

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

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

Increasing penalties for crimes against children

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Protecting citizens from stalking 

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

Supporting firefighters suffering from PTSD

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Restitution for children of victims of DUI –  In the event a parent of a minor child is killed by an intoxicated driver, current law requires the convicted offender to pay restitution to each of the victim’s children until each child reaches 18 years of age and has graduated from high school or the class of which the child is a member has graduated. Senate Bill 442, sponsored by Senator Adam Lowe (R-Calhoun), is known as “Dillard’s Law” and amends current law by allowing a family to convert the criminal restitution, which would be paid at the end of the defendant’s sentence, to a civil judgment, allowing the children to be compensated sooner rather than later.

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

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

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

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

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

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

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

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

Lee proposes unprecedented $3.3 billion investment in transportation and infrastructure

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

In Brief…

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Joint Ad Hoc Committee on Juvenile Justice announces its recommendations

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

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

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

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

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

Recommendations  

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

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

Tennessee airport officials request $125 million in state funding

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

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

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

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

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

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

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

In Brief…

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

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

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

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

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

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

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

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

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

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