Democratic View On Top State Senate Issues - March 25, 2024

  • Monday, March 25, 2024
  • Brandon Puttbrese

This week marks a year since mass killing at Nashville’s Covenant School

  • Wednesday, March 27 will mark one year since a shooter armed with multiple assault rifles entered The Covenant School and killed three children and employees.Since then, Republicans in the legislature -- who have repealed most of Tennessee’s gun safety laws over their 14 years in power -- have blocked every gun safety reform proposed in the wake of the shooting.
  • Now, Tennessee has one of the worst gun violence problems in America with gunshot wounds being the leading cause of death for children in the state.
  • Tennessee Under the Gun: Since the legislature ended last year without taking action on gun safety reform, there have been at least 1,200 shootings and 517 firearm deaths – 52 of which were kids.

Super Secrets: Bill would close access to Tourist Department records

  • 3:30 p.m. Senate Regular Calendar – SB 2093, by Sen. Jack Johnson on behalf of Gov. Bill Lee, would block the public from accessing certain Tourist Department records for up to a decade.
  • The legislation would give the tourism commissioner wide latitude to keep documents confidential.
  • News reports indicate the Lee Administration wants the secrecy to pursue a bid for an NFL Super Bowl.

Bill would remove ‘gender identity’ as a student category protected from discrimination

  • 3:30 p.m. Senate Regular Calendar – SB 2766 by Sen. Janice Bowling rewrites the state law on discriminating against K-12 students with one major change targeting gender identity.

Copying Texas on immigration: Pushing undocumented people into the shadows

  • 3:30 p.m. Senate Regular Calendar – SB 2576, by Sen. Brent Taylor requires, rather than authorizes, that police report the immigration status of any individual who is unauthorized to be in the U.S. The legislation also requires officers to cooperate with federal immigration officials in apprehension and removal.
  • Commentary: Legislation like this makes our communities less safe by pushing undocumented people into the shadows. Fewer crimes get stopped or solved when some people are unwilling to interact with police.

Legislation gives cities new tool to promote, build affordable housing

  • SB 1137, by Sen. Charlane Oliver, would give cities a new financial tool to support the development and construction of affordable housing.
  • Cities would still have to fund the initiatives, but this public-private partnership approach has shown promise in places like Charlotte, N.C.

Achievement School District coming to an end

Some proposed “official state books” run afoul of Age-Appropriate Materials legislation

  • 3:30 p.m. Senate Regular Calendar – SB 1822 by Sen. Paul Rose, would designate 10 new titles as official state books.
  • But that doesn’t mean students will be able to find them in their libraries. Legislation that passed the Senate earlier this year, SB 1060, by Sen. Joey Hensley, amends the Age-Appropriate Materials Act of 2022 to ban books and materials that “contain nudity” or depictions of “sexual excitement, sexual conduct, excess violence or sadomasochistic abuse.”
  • At least three of these books could be banned for scenes that depict sex and violence: “Aitken Bible” features incest, war and rape; “Roots” by Alex Haley features violence and sexual abuse; and “All the King’s Men” depicts sex, violence and an assassination.

3:30 p.m. Senate Regular Calendar

Second of three readings

1. HJR 0081 *Darby, Williams, Moon, Doggett, McCalmon, Lynn, Powers, Richey, Hawk (HJR 0081 Niceley, Haile)

Constitutional Amendments- Proposes additional language in Article II, Section 28 to prohibit the general assembly from levying, authorizing, or otherwise permitting a state tax on property.

State law does not tax personal property, but it does allow for taxation based on property owned by business. Could this amendment result in corporate property being excluded from any taxation?

2. SB 0070 *Roberts (HB 0236 by *Ragan)

Administrative Procedure (UAPA)- As introduced, requires each state agency head to complete periodic training for purposes of complying with the requirements of the "Regulatory Flexibility Act of 2007." - Amends TCA Title 4, Chapter 5.

3. SB 0163 *Walley (HB 0441 by *Shaw)

District Attorneys- As introduced, authorizes a district attorney general investigating a report of abuse, neglect, or exploitation made pursuant to the Tennessee Adult Protection Act to seek all remedies made available under the Act or another criminal provision; authorizes a district attorney general to convene a special grand jury to review a death or allegation of sexual abuse of, or felony theft from, an adult who is protected under the Act. - Amends TCA Title 71, Chapter 6.

4. SB 0468 *Rose (HB 0334 by *Hurt)

Medical Occupations- As introduced, removes certain limitations placed on a person trying to meet the educational requirement for licensure as a polysomnographic technologist by presenting proof of successful completion of an accredited sleep technologist educational program (A-STEP) that is accredited by the American Academy of Sleep Medicine. - Amends TCA Title 63.

5. SB 0709 *Stevens (HB 1059 by *Vaughan)

Education, Higher- Revises Tennessee’s Name Image Likeness law authorizing an intercollegiate athlete to earn compensation and perform diligence for the use of the intercollegiate athlete's own name, image, or likeness. Removes the fair market value limitation for such athletes' compensation earned regarding NIL and prohibits an intercollegiate athletic association from unfairly restricting such an athlete's ability to earn compensation for, or perform diligence related to NIL.

6. SB 0833 *Lundberg (HB 0869 by *Lafferty)

Tennessee Higher Education Commission- Exempts the faculty members appointed by the Governor to serve on the Tennessee Board of Regents from being subject to confirmation by the Senate.

7. SB 0869 *Reeves (HB 0282 by *Baum)

Pharmacy, Pharmacists- As introduced, authorizes as part of the practice of pharmacy the prescribing of dietary fluoride supplements, certain immunization agents, opioid antagonists, and certain other drugs and products; makes various other changes to pharmacy practice. - Amends TCA Title 33; Title 58; Title 63; Title 68 and Title 71.

8. SB 1137 *Oliver (HB 1229 by *Hemmer)

Housing- Authorizes a municipality to aid or otherwise provide assistance to an industrial development corporation (IDC) by granting, contributing, or pledging to or for the benefit of the IDC revenues derived from any source except property tax revenues, for certain projects.

9. SB 1266 *Akbari (HB 0692 by *Parkinson)

Education, Dept. of- Require all priority schools in the Achievement School District on July 1, 2024, to transition to the school's home public school district by the 2025-26 school year.

10. SB 1536 *Bowling (HB 1535 by *Bricken)

Taxes, Real Property- As introduced, provides that whenever Coffee County acquires property at a tax sale, any non-governmental entity holding a vested and duly recorded contractual right to the payment of fees or assessments secured by the property retains such right; further provides that Coffee County will be liable for the payment of such fees and assessments if the county makes actual use of the property purchased at the tax sale.

11. SB 1640 *Roberts (HB 1783 by *Ragan)

Administrative Procedure (UAPA)- As introduced, continues permanent rules filed with the secretary of state between January 1, 2023, and December 31, 2023, that are in effect on the effective date of this act until repealed or amended by subsequent rule of the appropriate rulemaking agency or until otherwise superseded by legislative enactment. - Amends TCA Title 4, Chapter 5.

12. SB 1822 *Rose, Bowling (HB 1828 by *Bulso, McCalmon, Capley, Terry, Martin B, Travis, Miller, Bricken, Vital, Hazlewood)

State Symbols- As introduced, designates as official state books of Tennessee "Farewell Address to the American People" by George Washington; "Democracy in America" by Alexis de Tocqueville; "Aitken Bible"; "The Papers of Andrew Jackson"; "Roots" by Alex Haley ; "A Death in the Family" by James Agee; "All the King's Men" by Robert Penn Warren; "American Lion" by Jon Meacham; "The Civil War: A Narrative" by Shelby Foote; and "Coat of Many Colors" by Dolly Parton; requires the secretary of state to list the books in the Tennessee Blue Book. - Amends TCA Title 4, Chapter 1, Part 3.

Coincidentally, at least three of these books could be banned under recent legislation for scenes that depict sexual excitement and excessive violence.

Aitken Bible

“Roots” by Alex Haley features the rape of enslaved women

“All the King’s Men” features sex, violence at rallies and an assassination

13. SB 1837 *Johnson (HB 2075 by *Bricken)

Revenue, Dept. of- As introduced, requires the department to, on or before December 31, 2025, procure and implement an electronic lien and title system to be used throughout the state.

14. SB 1983 *Niceley, Bowling (HB 2119 by *Faison, Eldridge, Carr, Farmer, Moon, Grills, Reedy, Davis, Harris)

Eminent Domain- As introduced, specifies that a condemner bears the burden of proving by a preponderance of evidence certain facts regarding the condemnation; creates a right for property owners whose property is being condemned to have a court determine whether the taking is necessary to accomplish the public use.

Provides that the act does not apply to condemnation actions for projects or uses regarding streets, highways, roads, bridges, transportation, utility water, public water projects, sewer, electricity, and utilities, including, but not limited to, gas and natural gas utilities.

15. SB 1984 *Niceley, Bowling (HB 2120 by *Faison, Eldridge, Carr, Farmer, Reedy, Davis)

Eminent Domain- As introduced, excludes recreational facilities, recreational purposes, and parks from the definition of "public use" as it applies to eminent domain.

16. SB 2019 *Reeves (HB 2060 by *Hicks T)

Drugs, Prescription- As introduced, increases from 50 to 100 the number of patients to whom a licensed nurse practitioner or physician assistant who is authorized to prescribe Schedule II or III drugs may prescribe buprenorphine products; increases from four to 10 the maximum number of licensed nurse practitioners or physician assistants who prescribe buprenorphine products that a physician may supervise or collaborate with at one time; makes other changes relative to the use of buprenorphine products. - Amends

17. SB 2093 *Johnson, Stevens (HB 1692 by *Lamberth, Cochran, Farmer, Crawford, Davis, Littleton)

Public Records- Exempts certain records maintained by the Department of Tourist Development from public record if the commissioner, with the affirmative agreement of the attorney general, determines that a document or information is of a sensitive nature and disclosure of this information would adversely impact the department’s ability to perform its statutory obligations. The document is confidential until whichever of the following occurs first: (a) ten years from the date the document is determined to be of sensitive nature; (b) after the disbursement of state funds; (c) after the conclusion of the event in which the contract was negotiated; or (d) upon the expiration of the contract entered into by the state.

18. SB 2148 *Johnson (HB 2100 by *Zachary)

Consumer Protection- As introduced, requires financial institutions and insurers to make determinations about the provision or denial of services based on an analysis of risk factors unique to each current or prospective customer; prohibits financial institutions and insurers from denying or canceling services to a person, or otherwise discriminating against a person, based upon the use of a social credit score or other factors. - Amends TCA Title 4; Title 9; Title 45; Title 47 and Title 56.

19. SB 2219 *Powers (HB 1901 by *Burkhart)

Uniform Commercial Code- As introduced, defines the term "central bank digital currency" and excludes the term from the definition of "money" for purposes of the Uniform Commercial Code. - Amends TCA Title 47.

20. SB 2264 *Kyle (HB 2440 by *Sparks)

Professions and Occupations- Authorizes a temporarily retired real estate firm, real estate broker, affiliate broker, time-share salesperson, or acquisition agent whose license was in good stating with the Tennessee Real Estate Commission at the time of temporary retirement but whose license has lapsed due to non-payment of renewal fees to reactivate the license upon the payment of all renewal fees owed and any penalty imposed by the commission.

21. SB 2274 *Haile (HB 2897 by *Kumar)

Drugs, Prescription- As introduced, requires a pharmacy or other authorized dispensing person or entity to make all reasonable efforts to contact and notify a person of the lowest available cost of a prescription drug prior to the point of sale.

22. SB 2278 *Massey (HB 2433 by *Terry, Davis)

Tobacco, Tobacco Products- Requires the Tennessee Advisory Commission on Intergovernmental Relations (TACIR) to study the effects of vaping and the use of vapor products by persons under the age of 21. Requires the report to be submitted to members of the General Assembly no later than January 31, 2025.

23. SB 2365 *Watson (HB 2142 by *Martin G, Sexton, Haston, Chism)

Education- As introduced, increases from a Class C misdemeanor to a Class B misdemeanor the penalty for a student's parent, guardian, or legal custodian failing to report an adjudication that the student committed certain delinquent acts to the school principal; specifies that a school principal shall ask a student's parent, guardian, or legal custodian whether there has been any such adjudication. - Amends TCA Title 37, Chapter 1, Part 1 and Title 49, Chapter 6.

24. SB 2497 *Lowe (HB 2300 by *Howell)

Public Utility Commission- Prohibits local governments from requiring certain gas utilities to repair more than 200 percent of pavement or sidewalk surface area disturbed during the inspection, installation, or connection to gas pipes, gas mains, or conductors.

25. SB 2576 *Taylor, Rose (HB 2124 by *Grills, Leatherwood, Cochran, Capley, Hill, Todd, Moody, Barrett, Powers, Carringer, Sexton, Stevens, McCalmon)

Immigration- As introduced, requires, rather than authorizes, law enforcement agencies to communicate with the appropriate federal official regarding the immigration status of any individual, including reporting knowledge that a particular alien is not lawfully present in the United States or otherwise cooperate with the appropriate federal official in the identification, apprehension, detention, or removal of aliens not lawfully present in the United States. - Amends TCA Title 7, Chapter 68.

26. SB 2593 *Taylor (HB 2559 by *White)

Education- Authorizes a local board of education to contract for services with a nonprofit or for-profit entity for the operation and management of an adult high school.

27. SB 2668 *White, Bowling (HB 2163 by *Littleton, Lamberth)

Sexual Offenses- As introduced, specifies that for the purposes of sexual exploitation of children offenses, the term "material" includes computer-generated images created, adapted, or modified by artificial intelligence; defines "artificial intelligence." - Amends TCA Title 39 and Title 40.

28. SB 2732 *Akbari (HB 2781 by *Parkinson)

Professions and Occupations- Enacts the Cosmetology Licensure Compact, a multistate cosmetology license that would allow cosmetologists who hold an active state cosmetology license, in the compact member state, in which they life, to be eligible to apply for a multistate license.

29. SB 2766 *Bowling (HB 1634 by *Bulso)

Education- As introduced, revises language prohibiting educators from discriminating against students on certain, specified bases to generally prohibiting educators from discriminating against students who are members of a protected class under federal or state law; removes the definition of "gender identity" for purposes of the family life curriculum. - Amends TCA Title 49, Chapter 5 and Title 49, Chapter 6.

Removes gender identity as a student category protected from discrimination

30. SB 2907 *Bailey (HB 2910 by *Alexander, Sherrell)

Economic and Community Development, Dept. of- Requires providers of wireline broadband services who have received federal or state broadband grants or funding to submit a biannual report to the Department of Economic and Community Development (ECD), no later than April 1st and October 1st of each year, beginning January 1, 2025 and ending January 1, 2029. Requires the report to contain a list of locations the provider received such state or federal funding to expand broadband access that remain unserved as of the date of the report, a point of contact with the provider of each location concerning wireline broadband availability, and a date by which the provider plans to serve such locations.

Message Calendar

  1. SB 1327 / HB 594
    1. The Senate passed the Senate version unanimously, but the House version is ridiculous.
    2. Prohibits a local government body or board from imposing a fine or penalty based on a report issued by another agency of that local government (other than law enforcement).
    3. The House bill requires an independent investigation by the local legislative body or board prior to the issuance of a citation for a violation.

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