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

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

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

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

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

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

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

“Noah’s Law” advances through committee

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

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

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

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

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

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

Committee advances legislation addressing school staffing challenges

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

Senate Bill 2702 would allow retired members of the Tennessee Consolidated Retirement System (TCRS) to be reemployed as a K-12 teacher, K-12 substitute teacher, or as a K-12 bus driver without the loss or suspension of the retired member’s TCRS benefits.

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

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

Legislation ensures pornography and obscene materials are blocked on school computers

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

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

If a provider fails to comply with the bill, then a local education agency (LEA) may withhold further payments to the provider and ultimately consider non-compliance a breach of contract.

The bill also requires each local board of education to establish a mechanism for parents to report a failure of the technology selected by the LEA to prevent access to harmful materials, and submit an annual report to the state board of education on the successes or failures of the technology.

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

Senate passes protections for landowners leasing property for solar farms

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

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

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

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

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

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

Two bills aim to expand emergency services personnel

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

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

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

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

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

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

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

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

Bill seeks to return tax revenue to local governments

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

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

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

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

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

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

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

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

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

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

Many helpful resources are available at FundingforStudentSuccess.org including:

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

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

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

In Brief:

Litter— Senate Bill 2012 increases penalties for illegal dumping of tires. The bill makes knowingly dumping two or more tires on public or private property without permission a Class A misdemeanor offense of aggravated littering, and also adds a Class E felony offense for a first-time conviction when dumping eight or more tires for commercial purposes.

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

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

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

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

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

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

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

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

Criminal offenses— Senate Bill 2683 requires individuals that have been convicted of first-degree murder, the perpetration or attempted perpetration of rape, rape of a child and aggravated rape of a child to be sentenced to death or life in prison without the possibility of parole. The bill was passed by the Senate this week.

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

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

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(NASHVILLE, Tenn.), February 10, 2022 – The Senate Education Committee this week passed a bill requiring all school employees to be trained to detect and prevent human trafficking of children.

Currently, only teachers are required to take the training. Senate Bill 1670 seeks to expand that requirement to all other personnel that aren’t contractors, including bus drivers, janitors or cafeteria workers, every three years.

“A lot of times these students who’ve been abused — a school nurse may see it or maybe a janitor may see what’s going on first,” said Sen. Todd Gardenhire (R-Chattanooga), the bill’s sponsor. “This bill ensures they know what to do if that happens.”

The training course would be online and last roughly 45 minutes to an hour, Gardenhire said.

Commerce and Labor Committee passes “New Markets Development Act”

The Commerce and Labor Committee unanimously approved legislation that would create a tax credit program to encourage economic growth in rural and low-income areas. The bill will be reviewed by the Senate Finance, Ways and Means Committee next.

The program created by the “New Markets Development Act” would fund small businesses located in Tennessee through insurance premium tax credits. Variations of the program have been implemented in 14 other states and on the federal level.

“We would see the benefits across the whole state potentially pretty quickly,” said Sen. John Stevens (R-Huntingdon). “In my district and others, we desperately need access to capital, which is difficult to get for businesses that want to expand. This legislation will help make that happen.”

Through the program, investment groups would receive tax breaks if they offer loans or invest in businesses or developments in low-income or rural areas. The program could raise and invest up to $100 million into Tennessee small businesses.

“This is an investment strategy that has been useful at the federal level and there have been a number of states that have been doing this for at least a decade with huge success,” said Sen. Bo Watson (R-Hixson), a co-sponsor of the bill. “The operational theory here is this will increase investment in Tennessee into areas that investors don’t always look to. I think it’s a good step forward.

Ranked choice voting ban advances to Senate

Legislation banning ranked choice or instant runoff voting in state and local elections was passed by the Senate State and Local Government Committee this week.

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

“Instant runoff voting has been proven to increase voter confusion, decrease voter turnout and confidence, and produce results that leave no candidate with a majority of total votes,” said Sen. Brian Kelsey (R-Germantown), the bill’s sponsor.

Senate Bill 1820 will next be considered by the full Senate.

Education Committee approves equal pay for Board of Education members

A bill that would make compensation for school board members equal to that of county and municipal legislators was approved by the Senate Education Committee this week.

According to Sen. Todd Gardenhire, who sponsored Senate Bill 1679, a majority of school boards members in Tennessee are paid less than the members of the local governing bodies, with about 80% of school board members paid below $3,000 a year to serve.

“Most school board members work the same amount of time and sometimes longer hours than their counterparts on the local governing bodies,” said Gardenhire. “They ought to be compensated the same amount.”

Gardenhire noted in Hamilton County, commissioners receive around $25,394 per year plus benefits while school board members are paid just $3,265 per year.

“I’ve never heard a person that’s running for the school board say gosh I’m going to increase my pay by being on the school board,” Gardenhire said. “But after one, two or three terms they say I just can’t afford to do this.”

Gov. Lee Appoints Butch Eley as Deputy Governor

This week, Tennessee Governor Bill Lee announced the appointment of Butch Eley as Deputy to the Governor. Eley will continue serving in his current role as Commissioner for the Tennessee Department of Finance and Administration (F&A) and as a member of Gov. Lee’s cabinet. The position of Deputy Governor was previously held by Lang Wiseman who has returned to the private sector.

“For the past three years, Butch has played a pivotal role in our strong economic recovery and in maintaining Tennessee’s reputation for conservative fiscal management,” said Gov. Lee. “His extensive public and private sector experience will continue to add enormous value as we invest strategically in infrastructure, education and other priorities to serve Tennesseans and support our state’s growth.”

Eley previously served as Chief Operating Officer in the Governor’s office from January 2019 to May 2020, where he led the state’s first four-year strategic planning process. In his subsequent appointment as Commissioner of Finance and Administration, he has developed multiple state budgets and works closely with legislative leaders of the Financial Stimulus Accountability Group (FSAG) to oversee and allocate the influx of federal relief funds provided to Tennessee over the past two years.

Prior to joining the Lee Administration, Eley was a founder and CEO of Infrastructure Corporation of America (ICA). Headquartered in Nashville, ICA was one of the nation’s leading infrastructure asset maintenance management companies with comprehensive asset management contracts throughout the country.

Eley earned his bachelor’s degree and MBA at Belmont University. He and his wife Ginger reside in Nashville.

Gov. Lee Issues Statement on CMS Vaccine Mandate Lawsuit

Tennessee Gov. Bill Lee late last week issued the following statement regarding the lawsuit filed in the United States District Court for the Western District of Louisiana by Tennessee and 15 other states to vacate the CMS vaccine mandate:

“We are renewing a challenge to the CMS vaccine mandate in court so Tennessee health care workers have the right to private health care decisions. While this mandate represents the worst of federal overreach, it also threatens our ability to staff facilities and provide care for the elderly, disabled and other high-priority populations.”

Tennessee Forestry Commission testifies before committee

The Tennessee Forestry Commission testified before the Senate Energy, Agriculture and Natural Resources Committee concerning their annual report.

Summarizing the past year, TN Forestry Commission Chair Johnny Heard said the commission identified the need for more engagement with the USDA Farm Service agency, expressed concern about the retention and recruitment of qualified personnel, endorsed the 2020 Forest Action Plan, and encouraged an increase in timber sales from the state forest.

Heard said the commission suppressed 709 wildfires over 6,910 acres; safely conducted 232 prescribed fires across 12,100 acres; and deployed 215 personnel across 13 states to help them deal with wildfires and natural disasters, resulting in $2.6 million in revenue.

The commission evaluated 38 logging operations with water quality complaints and found 22 with issues that affected water quality. It provided technical assistance to bring them into compliance with the Water Quality Control Act.

The commission completed 24 timber sales of a combined 10.7 million board feet, generating nearly $3.5 million in revenue.

In Brief

Internships — The Senate this week unanimously passed Senate Bill 520, which expands internship opportunities for high school students starting in the 2022-2023 school year.

High school students are currently allowed to enroll in college courses at community as well as Tennessee College of Applied Technology colleges, some of which offer or require internships. High school students are typically under the age covered by workers compensation insurance without additional expenses so only large companies have been willing to absorb the risk, according to Sen. Richard Briggs (R-Knoxville), who sponsored the bill.

“What this bill does is it allows the medium and small-sized companies to be able to hire interns without unreasonable workers compensation insurance risks,” said Sen. Briggs.

Redistricting — Gov. Lee on Monday signed into law new Senate, House and congressional redistricting maps. For more information about the maps visit here.

Travel Insurance: Passed by the Commerce and Labor Committee this week, Senate Bill 1868 clarifies existing law that regulates travel insurance, which protects against risk associated with travel. Adopted by 18 other states, the bill also includes provisions offering savings to the consumer, and prohibits the automatic addition of travel insurance to a booking.

Cemetery Trust: Senate Bill 1934 allows cemeteries with small trust funds to share banking and trustee costs with other cemetery trust funds, and also provide cemeteries with a more stable way to determine the amount allowed for dispersing earnings for maintenance expenses.

“Both reforms will help provide financial stability for smaller cemeteries throughout Tennessee,” said Sen. Ed Jackson (R-Jackson). The Commerce and Labor Committee voted in favor of the bill this week.

Law enforcement: Per a bill passed in 2014, peace officers who die in the line of duty or suffer a career-ending injury are presented the Three Stars of Tennessee Award in a ceremony on or around Sept. 11 each year. Senate Bill 1751, which cleared the Judiciary Committee this week, allows a representative of the agency at which the peace officer served to receive the award on his or her behalf if there are no available next of kin.

Receiver of Estate: Senate Bill 1680 authorizes the court to appoint a public receiver to make a recommendation on the need for a temporary or permanent receiver over an estate. A receiver is an appointed custodian of a person or entity’s assets.

In explaining the intent of the bill, Sen. Todd Gardenhire described a situation in which a business owner passes away without a succession plan, and that business falls apart and loses significant value by the time the estate reaches the courts.

“If a judge can appoint a receiver on the front-end of the estate it might salvage that most significant asset that doles off income to beneficiaries,” Gardenhire said. The bill was passed by the Judiciary Committee.

Child abuse: Advanced by the Judiciary Committee this week, Senate Bill 1793 would require a court to revoke bail for a defendant who is convicted of continuous sexual abuse of a child. “Continuous” is defined roughly as three or more acts of abuse within 90 days.

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(NASHVILLE, Tenn.), February 3, 2022 – Tennessee Governor Bill Lee on Monday delivered his fourth State of the State address and presented budget and legislative priorities to a joint session of the General Assembly.

“Tennessee stands as a beacon to the rest of the country for how we can change lives when we control the size of government, prioritize efficiency, and make smart and responsible investments,” Lee said. “I am proud to propose a budget and America at Its Best policies that reinforce freedom, innovation, exceptionalism and optimism.”

The proposed $52.6 billion budget includes strategic investments in education, transportation infrastructure, law enforcement, rural communities, and more.

A detailed breakdown of the budget proposal can be found here. The State of the State address can be found here.

The proposed budget was the focus of a Senate Finance, Ways and Means Committee meeting Tuesday.

“What we’re proposing is a very fiscally conservative budget. It is also one that ensures that we do not get ahead of ourselves as we look forward into the future,” Department of Finance and Administration Commissioner Butch Eley said during the meeting. “This is a balanced budget, it’s a budget with no debt, it’s a budget that prioritizes one-time expenses to mitigate uncertainties. It targets programs that work and are evidence-based, and most of all it invests in Tennessee.”

Eley said Tennessee is among the states with the lowest debt in the country, and noted the Volunteer State is ranked number one in the nation for long-term fiscal responsibility by U.S. News and World Report.

Sen. Kerry Roberts, State Rep. Michael G. Curcio and State Rep. Mary Littleton introduce Joe Clyde Daniels Act at press conference

State Sen. Kerry Roberts, (R-Springfield), State Rep. Michael G. Curcio, (R–Dickson) and State Rep. Mary Littleton, (R-Dickson) this week at a press conference announced SB 2223, which makes it more difficult for a convicted murderer to be granted parole if they do not reveal the location of their victim’s remains.

The Joe Clyde Daniels Act requires the board of parole to consider “the extent to which the offender obstructed or continues to obstruct the ability of law enforcement to recover the remains of the victim” when deciding cases involving an offender convicted of homicide.

“The murder of Joe Clyde Daniels is an unspeakable tragedy that has devastated our entire community and state,” Curcio said. “Victims deserve justice as well as a proper burial and this legislation will help ensure that is possible.”

The bill was prompted by the disappearance of 5-year-old Joe Clyde Daniels from his home in Dickson on April 4, 2018. His father, Joseph Daniels, was convicted of murder in June. However, the child’s remains have never been found.

“It is absolutely heartbreaking that this precious child has not gotten the proper burial he deserves,” Littleton said. “I hope that the Joe Clyde Daniels Act will help other families across our state find the closure they so desperately need.”

A trial for Krystal Daniels, the boy’s mother, has been postponed until March. She is charged with aggravated child abuse and neglect.

If approved and signed into law, the Joe Clyde Daniels Act would take effect July 1.

For more information visit here.

1,241 Senate bills filed at Feb. 3 deadline

Senate members worked hard this week to finalize their legislative proposals before the Feb. 3 bill deadline. In all, 1,241 Senate bills were filed and received by the Senate Clerk’s Office since the conclusion of the legislative session last year. Senate committees continue to meet as bills were being introduced and referred to their respective committees.

Tennessee’s economic output is back to pre-pandemic levels, while the state leads the nation in economic recovery

Tennessee’s economic output is back to pre-pandemic levels in terms of goods and services and is among the top states leading the nation in economic recovery, according to Marianne Wanamaker, executive director of the Howard Baker Center for Public Policy. Wanamaker, who spoke to the Senate Commerce and Labor Committee this week, is also an associate professor of economics at the University of Tennessee and served as chief domestic economist and senior labor economist at the White House Council of Economic Advisors during the Trump administration.

“From an output perspective, the economy is operating as though COVID never happened,” said Wanamaker. “This is true in the State of Tennessee where GDP in the third quarter of 2021 was 3% larger than in the fourth quarter of 2019. The U.S. economy was 1.4% larger in the third quarter of 2021 than at the end of 2019.”

“What I am not sure is appreciated is just how uncommon the U.S. experience is in international perspective,” she continued. “There is no major developed country that has come out of the pandemic with the strength of output we are experiencing in the United States — not Korea, not Japan, not any country in Europe and probably not China, although it is difficult to know for sure.”

She attributes the strength of the recovery in part to efforts made by U.S. states in facilitating the unemployment insurance programs, a critical piece of the Trump administration’s national COVID relief strategy. “Given what we know today, it is hard to conclude anything other than that the U.S. policy apparatus succeeded in stabilizing income, output and employment to an extent not any other country was able to accomplish.”

On labor shortages, however, the pandemic worsened workforce participation, which was already struggling due to aging workers and a slowed rate of population growth. “The labor shortage and lack of population growth are going to be a challenge with 100% certainty,” she said.

Tennessee is 1.4% short of February 2020 and 3% short of where the state would have been had the pandemic never happened, for a shortage of 95,000 jobs. This means the level of output was generated beyond what was produced pre-pandemic with a labor force that is substantially smaller. Wanamaker attributes this to full time workers who spent more hours on the job.

“So, hours worked are up which may explain why working Americans expressed feeling burned out and exhausted,” she said. “American labor supply took a beating during COVID and is still struggling to recover.”

The shift to retirement began immediately upon the outbreak of the pandemic, accounting for about half of the country’s labor force shortage in 2020. Wanamaker feels it is unlikely that the 2.1 million workers who left their jobs will return to the workplace and that the participation rate will return to pre-pandemic levels.

In Tennessee there is one-half of an unemployed person for every job opening in Tennessee, one of the lowest rates in the country. This can be compared to California where there is one unemployed person for every job opening.

“It is not that labor supply is greater in California that it is here,” she said. “It’s that labor demand in the South is really much higher than it is in other parts of the country, in part due to a full COVID recovery here in the South.”

In looking towards Tennessee’s economic future, Wanamaker said prospects for future economic growth are dependent on population growth. Tennessee already has a significant jump on this challenge. The state leads the nation in attracting working-age persons to locate in Tennessee due to many amenities offered here that other states cannot currently pursue.

The General Assembly will continue to focus on providing an environment that will boost Tennessee’s economy in the 2022 legislative session. These efforts are aided by the state’s low tax and light regulatory status. Tennessee consistently ranks in the top three states in the U.S. for best business climate. The Volunteer State has also ranked first for site readiness programs and energy availability and has seen its biggest surge ever in new business launchings. In addition, Tennessee was recently ranked the second fastest growing state in the nation for foreign direct investment.

Tennessee Supreme Court nominee advances

Tennessee Supreme Court nominee Sarah Campbell received a unanimous recommendation from the Senate Judiciary Committee this week. The full Senate will cast a vote next Thursday.

A graduate of Duke Law School, Campbell was a law clerk for Supreme Court Justice Samuel Alito and Judge William Pryor Jr. of the Eleventh Circuit in Birmingham before joining the Tennessee Attorney General’s office in 2015. She currently serves in that office as Associate Solicitor General and Special Assistant to the Attorney General.

“The role of a judge in my view is to decide cases based on neutral objective principles that don’t lend themselves to any one particular outcome or another,” Campbell said during this week’s confirmation hearing. “My personal views on whether a law is good or bad will not matter if I’m confirmed to this position.”

Campbell said as judge she would adhere to the text of the law, but also consider context.

“My job as judge will be to interpret the laws that were enacted by the legislature. That will be where my inquiry begins and ends,” she said. “To determine the meaning of those words I will consider things like the context of the statutes so it’s not so restricted that you only look at the specific word or words that you’re being tasked with interpreting. You also look to the surrounding words in the statute and use that context to help determine what the meaning is.”

Campbell was also asked if she believes the U.S. and Tennessee constitutions are fixed principles or if they should be modified to fit modern issues.

“I believe that both The U.S. Constitution and Tennessee constitution should be interpreted and applied based on the plain meaning of those documents when they were enacted — how the public would have understood those documents at that time,” she said.

Sen. Kelsey, Rep. Gillespie announce bill allowing police to chase criminals

Senator Brian Kelsey (R-Germantown) and Rep. John Gillespie (R-Memphis) this week filed Senate Bill 2451 protecting police officers from liability for injuries to a third party caused during a police pursuit so long as the police officers’ conduct is not grossly negligent.

“This legislation will make our state a safer place to live. It will allow our police officers to do their jobs by protecting them from unjust lawsuits,” said Sen. Kelsey. “The current law discourages police officers from pursuing dangerous criminals. As we continue to experience record-breaking crime rates in Memphis, our officers should be able to protect our citizens as long as they are acting reasonably.”

“This legislation only protects law enforcement officers who follow the proper policies and procedures while pursuing a fleeing suspect,” said Rep. Gillespie. “It is important that officers and their departments still be held accountable for any third-party injuries caused by grossly negligent conduct.”

Corrections Commissioner updates lawmakers about efforts to improve public safety

Tennessee Department of Correction (TDOC) Interim Commissioner Lisa Helton spoke to the Senate State and Local Government Committee this week, providing a wide range of important information regarding their efforts to improve outcomes for prisoners and enhance public safety for Tennesseans. Tennessee has 10 state-operated and four privately-operated prisons which house 19,287 inmates. Another 4,875 state inmates are serving sentences in local jails.

In addition, there are 75,030 supervised offenders who are on probation or parole in the state’s 44 Community Supervision offices in Tennessee.

In 2021, the General Assembly passed major criminal justice reform legislation to reduce Tennessee’s high recidivism rate. TDOC has been working diligently to put those reforms into action. The department is “reentry focused” with a variety of education and workforce development programs to help offenders get on the right path after prison.

After doing an initial diagnostic assessment, TDOC officials develop a case management plan that includes treatment programs, education, vocational training, and employment. The vocational program includes a partnership with the Tennessee Colleges of Applied Technology (TCAT) and other workforce development partners to give inmates the skills they need to become productive citizens upon release to their communities.

Day Reporting Centers — About 283 of offenders on probation are in the state’s Day Reporting Centers (DRC), a supervised program that provides nonviolent offenders with substance use needs an alternative to incarceration. The successful DRC program provides an intensive nine to 12-month outpatient treatment program coupled with supervision. There are currently six centers in Tennessee located in Memphis, Jackson, Nashville, Murfreesboro, Knoxville, and Johnson City. Plans are in the works for additional centers in Columbia and Chattanooga.

The average daily cost of housing a prisoner is $74.51, while the same upkeep in a DRC is $47.74.  The fiscally responsible DRC program is based on best correctional practices and have been proven to enhance public safety. Since summer 2017, 250 participants have graduated across the state with another 283 currently enrolled in the program.

Correction Officers — Commissioner Helton also talked to committee members about efforts to recruit and retain correction officers at state prisons amid significant staffing challenges.  November 2021 hit a high mark of 47.5 percent in the number of officer vacancies in the state’s correction facilities. In December, Governor Lee announced a competitive 37% salary increase for new TDOC officers and a minimum of 15% pay increase for current employees. Since that time, the department fully hired more than 10 officers, with 110 others currently in the hiring process. Commissioner Helton said she is optimistic about the impact of the salary increases on turnover and recruitment.

“We have seen a 12% reduction in the statewide number of vacancies with five facilities exceeding a 16% reduction,” she said.

TDOC continues to work with the Governor’s office and other state agencies on recruitment and retention strategies for correctional officers. The budget proposal presented by Governor Lee on Monday continues the commitment to those salary increases. Committee members will continue to monitor the success of these efforts and work with state correction officials to help ensure Tennessee prisons are well staffed and safe.

Right On Crime — Finally, State and Local Government Committee members heard a presentation from Julie Warren from Right on Crime, a national campaign of the Texas Public Policy Foundation. Warren applauded the passage of Tennessee’s 2021 criminal justice legislation to improve inmate outcomes through evidenced-based sentencing alternative programs. She also talked about the tremendous success of Texas’ criminal justice efforts, which originated with former Governor Rick Perry. The Texas reform efforts have resulted in a significant decrease in inmate recidivism.

“I have looked several times at the Texas plan,” said State and Local Government Committee Chairman Richard Briggs (R-Knoxville). “It has been pretty incredible. Tennessee has as much potential to reduce recidivism, improve public safety, and reduce budgets in the Department of Corrections if we can implement something similar to the Texas plan. It really worked in a conservative state.”

In Brief

Standardized tests — The Senate Education Committee this week voted in favor of a bill that requires public universities to receive standardized test scores from incoming freshmen before they can enroll starting with the 2023-2024 academic year. In Tennessee, standardized testing requirements are currently the purview of the universities.

Sponsored by Sen. Brian Kelsey (R-Germantown), SB 1815 would require incoming freshman to submit a “nationally-recognized college admissions test” score, but would not require universities to use that score as part of its admissions process.

Veterans organizations — The Senate this week passed SB 1660, which extends protections that currently apply to various types of nonprofit organizations to nonprofit veterans organizations, technically classified as a 501(c)(19). Under this bill, the directors, trustees, or members of the governing body of 501(c)(19) nonprofit organizations will become immune from suit arising from the conduct of the affairs of the organization as long as that conduct does not constitute gross negligence.

Divorce — A bill authorizing a court to allow mediation between parties in a divorce proceeding to occur by video conference when appropriate was approved by the Senate on Monday.

Ear wax — Passed by the Senate this week, SB 665 requires certain coursework in order to administer ear-wax removal services to ensure the process is done safely.

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