Lee Administration presents final budget spending request
- 8:30 a.m. Finance –The Lee Administration will make its final budget request to the Senate and present a few changes from the recommended budget published in February.
- One of the biggest differences is expected to be a $400 million increase for the governor’s franchise tax refund scheme, which started at $1.2 billion and has swelled to nearly $1.6 billion.
- In past budgets, the “administration amendment” has paid for unfunded department requests, pet projects and even some larger initiatives, but the Lee Administration has been consistently reminding the legislature that tax revenues are down (due to business tax breaks from last year).
- There will not be a vote today, but, for those following along,SB 2942, by Sen. Jack Johnson, is the budget appropriations bill.
Past TN budget chief questions legality of Gov. Lee’s $1.6B ‘refund’ to corporations
- In a must-read column forThe Tennessean,a former state budget director questioned the constitutionality of Gov. Bill Lee’s proposal to give $1.6 billion worth of retroactive refunds to companies on taxes that were lawfully paid.
- The author Bill Bradley worked in the state budget office for 32 years, including 14 years as the director. He says Lee’s plan would violate Article 2, Section 31, which prohibits spending public funds for the private benefit of individuals and companies.
- “Given that the taxes at issue were lawfully paid and no court has said otherwise, refunds are not owed to these companies,” Bradley wrote. “If these are refunds that are not owed and the state is appropriating funds for reimbursement anyhow, then the appropriation is for private benefit, which is unconstitutional.”
Death penalty for child rape? GOP bill may discourage family members from reporting child rape
- 1 p.m. Judiciary —SB 1834, by Sen. Jack Johnson, would authorize the death penalty as a punishment for child rape.
- As justified as the policy may sound, advocates say parents of the victim may not report the attack if it means a death sentence for a close family friend, a sibling or one of their other children.
- The unintended consequences of this legislation could be more family coverups and fewer police reports.
Republican bill would eliminate right to restrict guns on private property
- 1 p.m. Judiciary –SB 2180by Sen. Joey Hensley would eliminate the right of every person and business owner to prohibit firearms on their private property when a gun owner has a state permit.
- Any Tennessean can get ahandgun carry permitby passing an online test and paying a $65 fee.
- Under the bill, gun owners, whose only training may have been the online permit test, could freely ignore property signs prohibiting weapons unless they are confronted by the property manager.
Vigilante or villain? GOP bill expands citizen arrest law
- 1 p.m. Judiciary –SB 0908, by Sen. Frank Niceley, would allow private citizens, in some circumstances, to threaten the use of deadly force when making a “citizen’s arrest”.
- Tennessee’s citizen’s arrest law is already confusing and this does not add clarity, but it may embolden some bad actors to make horrific decisions.
8:30 a.m.Senate Finance, Ways & Means
Administration Amendment Overview
Department of Finance & Administration
Commissioner Jim Bryson
1.SB 2847*Roberts(HB 1997 by *Hicks G, White)
Public Funds and Financing- As introduced, requires the trust principal of the K-12 mental health endowment account to be reduced by $75,000,000 in the fiscal year ending June 30, 2024, and reallocated to the trust's K-12 mental health special reserve account. - Amends TCA Title 49, Chapter 3, Part 5.
2.SB 2578*Taylor(HB 2173 by *Alexander)
Professions and Occupations- As introduced, revises provisions related to the special account in the general fund known as the "pre-need funeral account"; deletes the indigent burial fund.
3.SB 2583*Taylor(HB 2182 by *White)
Taxes, Sales- As introduced, redefines "qualified data center" for purposes of sales and use taxes to include a data center that previously made a capital investment in excess of $100 million during an investment period not to exceed three years and creates at least 15 net new full-time employee jobs upon the data center being transferred to an affiliate pursuant to a corporate reorganization.
Fiscal note: There are 13 taxpayers that have received the QDC tax break. Guess who? FedEx, as always.
4.SB 1416byRose
Deletes a requirement that a victim of a crime or a member of the victim’s family report the crime to the proper authorities within 48 hours of the crime’s occurrence in order for a claim for compensation from the Criminal Injuries Compensation Fund (fund) to be eligible for award.
5.SB 2307*Rose(HB 2109 by *Boyd)
Taxes- As introduced, adds hydrogen gas to the definition of alternative fuel for the purposes of fuel tax law; subjects hydrogen gas to the compressed natural gas tax; exempts hydrogen gas from the sales and use tax. - Amends TCA Title 67.
6.SJR1108byMassey
Memorials, Congress - Urges Congress to enact reforms to federal permitting policies to accelerate deployment of new energy infrastructure.
7.SB 1844*Briggs(HB 1937 by *Holsclaw)
Alcoholic Beverages- Omnibus liqueur by the drink bill
8.SB 2690*Southerland(HB 2793 by *Faison, Carr)
Taxes, Sales- As introduced, extends the deadline by which a distressed rural county must apply to be eligible to retain the sales and use tax generated from a commercial development district from December 31, 2024, to December 31, 2030.
9.SB 2426*Jackson(HB 1843 by *Ragan)
Taxes- As introduced, enacts the "Allied Investments in Tennessee Act.” Prohibits the application of franchise and excise tax credits, or other economic incentives, for employers who are headquartered in, wholly- or majority-owned by a company headquartered in, or wholly- or majority-owned by a government of a country of concern.
10.SB 1397*Reeves(HB 0375 by *Marsh)
Regional Authorities and Special Districts- As introduced, requires the Tennessee Duck River development agency to set a per thousand-gallon fee to charge participating entities for water withdrawals; makes other changes to the operation of the agency.
11.SB 2015*Reeves(HB 1988 by *Johnson C)
TennCare- As introduced, extends the nursing home annual assessment fee to June 30, 2025. - Amends TCA Title 71, Chapter 5, Part 10.
12.SB 2968*Oliver
Davidson County - Subject to local approval, creates the East Bank Development Authority for the metropolitan government of Nashville and Davidson County.
13.SB 2322*Yager(HB 2152 by *Keisling)
Courts, General Sessions- As introduced, requires the judge of the general sessions court in Scott County to devote full time to the duties of such office and prohibits the judge from the practice of law or any other employment which conflicts with the performance of their duties as judge.
14.HJR 0801byMcCalmon
Memorials, Congress - Urges the federal government to do all within its power to secure the U.S. border.
15.SR0195byWhite
Memorials, Congress - Urges full funding of VOCA Victims Fund.
1 p.m. Judiciary Committee
1.SB 1834*Johnson, Yager, Haile(HB 1663 by *Lamberth, Littleton, Faison, Capley, Sexton, Garrett, Doggett, McCalmon, Zachary, Grills, Sherrell, Bricken, Wright, Davis, Russell, Martin G, Vital, Hawk, Moon, Hicks G)
Sentencing- As introduced, authorizes the death penalty as a punishment for rape of a child, aggravated rape of a child, or especially aggravated rape of a child.
2.SB 2079*Johnson(HB 1682 by *Lamberth, Cochran, Martin B)
Mental Illness- As introduced, adds a certificate of need for care and treatment that was completed by a licensed physician and a qualified advanced practice provider as a suitable certification for filing with a court for the purpose of a probable cause hearing on a person’s need for involuntary admission to inpatient treatment, and as a prerequisite to judicial commitment. - Amends TCA Section 33-6-503 and Section 33-6-421.
3.SB 0757*Haile, Jackson(HB 1128 by *Gant)
Criminal Procedure- Requires the keeper of a jail and the arresting law enforcement agency to collaborate to verify the citizenship status of a person arrested, booked, or confined for any period in the jail of a county or municipality.
4.SB 2632*Haile(HB 2645 by *Leatherwood)
Vital Records- As introduced, makes various changes to the present law relative to birth certificates. - Amends TCA Title 36 and Title 68.
5.SB 2913*Bailey(HB 2380 by *Parkinson)
Criminal Procedure- As introduced, authorizes a court to waive the costs to a petitioner who files a petition for restoration of the full rights of citizenship. - Amends TCA Title 2, Chapter 19 and Title 40, Chapter 29.
6.SB 2827*Crowe(HB 2859 by *Ragan)
Parks, Natural Areas Preservation- Establishes that an owner of land who enters into a cooperative agreement with a public utility owned by the federal government for the use of the public utility’s land in conjunction with the owner’s land of at least 100 acres that is made available to the public as a park for outdoor recreational purposes, without charge, except for a nominal parking fee or special event fee, owes no duty of care to persons entering or going upon such land and is not liable for any loss damages, or injury to such persons.
8.SB 2116*Massey(HB 2302 by *Howell)
Criminal Offenses-Establishes that evidence that a person was suspected to be impaired secondary to the sedative or otherwise intoxicating effects of a controlled substance and was administered an opioid antagonist within 24 hours prior to the time of an alleged Driving Under the Influence (DUI) offense, creates a presumption that the defendant's ability to drive was sufficiently impaired.
9.SB 2802*Hensley(HB 2078 by *Richey, Fritts)
Criminal Offenses- As introduced, prohibits any person from transporting an illegal alien into this state; increases from $1,000 to $5,000 the fine for transporting illegal aliens.
Lock up Texas Gov. Greg Abbott
10.SB 2180*Hensley(HB 1904 by *Fritts, Barrett, Grills, Richey, Capley, Butler, Reedy)
Criminal Offenses- As introduced, exempts persons who are authorized to carry a firearm pursuant to an enhanced handgun carry permit or a concealed handgun carry permit from the criminal offense of possessing a firearm in a concealed manner at a meeting conducted by, or on property owned, operated, or managed or under the control of the individual, corporation, business entity, or government entity that is properly posted. - Amends TCA Title 39, Chapter 17, Part 13.
11.SB 1695*Yarbro(HB 1667 by *Hemmer)
Firearms and Ammunition- As introduced, authorizes local governments to regulate the storage of a firearm in a motor vehicle when the motor vehicle is unoccupied; applies in counties having a population greater than 98,800, according to the 2020 or a subsequent federal census. - Amends TCA Title 39.
12.SB 1785*Campbell(HB 2199 by *Mitchell)
Criminal Offenses- As introduced, enacts "MaKayla's Law," which expands the offense of reckless endangerment to include a person's reckless failure to render inoperable or safely secure or lock a firearm, resulting in a child under 13 gaining possession of the firearm and injuring or killing the child or another. - Amends TCA Section 39-13-103.
13.SB 2565*Taylor, Rose, Johnson, Yager(HB 1719 by *Gillespie, Vaughan, White, Moody, Gant, Slater, Eldridge)
Bail, Bail Bonds- As introduced, removes the defendant's financial condition as a consideration for the magistrate in determining the amount of bail necessary to reasonably assure the appearance of the defendant at trial and protect the safety of the public. - Amends TCA Title 40.
14.SB 2662*White(HB 1817 by *Littleton, Lamberth, Faison, Eldridge, Lafferty, Bricken, Russell, Grills, Todd, Vaughan)
Criminal Offenses- As introduced, increases the penalty from a Class A misdemeanor to a Class D felony for the offense of child endangerment by a parent or custodian of a child eight years of age or less if the parent or guardian knowingly exposes the child to, or knowingly fails to protect the child from, abuse or neglect resulting in physical injury or imminent danger to the child; increases the penalty from a Class D felony to a Class B felony for a person who negligently, by act or omission, engages in conduct that places a child eight years of age or less in imminent danger of death, bodily injury, or physical or mental impairment. - Amends TCA Title 39.
15.SB 2624*Jackson(HB 2794 by *Russell)
Law Enforcement- As introduced, authorizes a state or local law enforcement agency, at the direction of the executive officer with authority over such agency or the commissioner of safety, to provide aid and assistance to another state or a law enforcement agency of another state during an emergency. - Amends TCA Title 3; Title 4; Title 5; Title 6; Title 8; Title 38; Title 58 and Title 68.
16.SB 2626*Jackson(HB 2702 by *Littleton, Rudder, Grills, Capley)
Juvenile Offenders- As introduced, requires the juvenile court to transfer a child to the sheriff of the county to be held according to law and dealt with as an adult in the criminal court if the child is charged with an offense involving theft of a firearm or a felony offense involving the use of a firearm and the child was 14 or older at the time of the alleged conduct . - Amends TCA Title 37.
17.SB 2770*Bowling(HB 1872 by *Fritts, Barrett, Keisling, Todd, White, Russell, Hurt, Capley, Butler, Warner, Lamberth, Stevens)
Criminal Offenses- As introduced, authorizes the enhancement of criminal penalties up to life in prison without parole upon conviction of violent crimes by illegal aliens; conviction of possession of a firearm or deadly weapon by an illegal alien; or conviction of a violent crime on the property of a school by any person.
Anti-immigrant
18.SB 2774*Bowling(HB 2508 by *Harris, McKenzie)
Child Custody and Support- As introduced, requires the department of human services to notify the department of safety that a child support obligor whose commercial driver license was suspended or revoked for noncompliance with a child support order is in reasonable compliance with the order when the obligor submits documentation that the support is being withheld from the obligor's income received from an employment position requiring the operation of a commercial motor vehicle; requires the license to be reinstated. - Amends TCA Title 36, Chapter 5, Part 7 and Title 55, Chapter 50.
19.SB 2776*Bowling(HB 2813 by *Hulsey)
Search & Seizure- As introduced, requires, subject to judicially recognized exceptions, all POST-certified officers to obtain a search warrant before entering private property that identifies the person or property that is the subject of the search. - Amends TCA Title 4; Title 8; Title 38; Title 39 and Title 40.
20.SB 2781*Bowling(HB 1949 by *Ragan)
Criminal Offenses- As introduced, expands the offense of observation without consent to include a person or entity that adopts rules or enforces a policy or other work-related guidance for employees or contractors to promote or assist in the commission of observation without consent in a place where there is a reasonable expectation of privacy, including a restroom, locker room, dressing room, or shower, designated for multi-person, single-sex use; creates a civil action for invasion of privacy based on a violation of observation without consent. - Amends TCA Section 39-13-607.
Bathroom bill
21.SB 1715*Hensley(HB 1664 by *Warner)
Law Enforcement- As introduced, authorizes a law enforcement agency to assign a law enforcement officer to serve as a school resource officer at a school within a local board of education's control that has not entered into a memorandum of understanding with a law enforcement agency to assign a school resource officer to the school. - Amends TCA Title 8; Title 37; Title 38; Title 49 and Title 62.
Preemption of local government
22.SB 2178*Hensley, Swann(HB 2908 by *Kumar, Faison, Mitchell)
Firearms and Ammunition- As introduced, requires the Tennessee bureau of investigation to establish a program in which a person may enroll to voluntarily waive the right to purchase firearms. - Amends TCA Title 33 and Title 39, Chapter 17, Part 13.
23.SB 2477*Hensley(HB 2695 by *Doggett)
Firearms and Ammunition- As introduced, authorizes an attorney to carry a handgun in a building and room in which judicial proceedings are in progress if the attorney is present in furtherance of the attorney’s representation of a party with business before the court, is an enhanced handgun carry permit holder, and keeps the handgun concealed at all times. - Amends TCA Title 39.
24.SB 0908*Niceley, Rose, Powers, Lowe, Bowling(HB 0994 by *Keisling, Warner, Capley, Fritts, Richey, Reedy, Lynn, Barrett, Bricken, Doggett, Ragan, Eldridge, Grills, Moody, Todd, Davis, Powers, Vital, Hulsey, Carr, McCalmon, Hardaway, Chism, Carringer)
Criminal Offenses- As introduced, clarifies that a threat to use deadly force by a private citizen making an arrest is not in itself considered a use of deadly force; prohibits a private citizen from threatening to use deadly force during the course of a citizen's arrest unless the arrest is for a crime committed or threatened against the citizen making the arrest or for a violent crime committed or threatened in the presence of the citizen making the arrest.
25.SB 2517*Niceley, Southerland(HB 2002 by *Farmer, Lamberth, Russell, Johnson C, Eldridge, Glynn, Capley, Burkhart, Grills, Garrett, Carr, Todd)
Judicial Districts- As introduced, creates one additional circuit court in the 4th judicial district. - Amends TCA Title 16, Chapter 2.
Removes two judges from Shelby County
26.SB 2608*Niceley(HB 2761 by *Keisling)
Expunction- As introduced, allows a person to have the criminal records of a conviction for driving under the influence of an intoxicant expunged if the court finds by a preponderance of the evidence that the intoxicant or intoxicants forming the basis of the conviction were lawfully prescribed to the petitioner at the time of the offense. - Amends TCA Title 40 and Title 55.
27.SB 2637*Niceley(HB 2805 by *Hulsey)
Civil Procedure- As introduced, increases time for a lienor to commence a proceeding or file the lienor's claim in a creditors' or foreclosure proceeding after service of a written demand by the owner, the owner's agent, or a prime contractor of the real property to which the lien is attached to from within 60 days to within 75 days after service. - Amends TCA Title 4; Title 5; Title 6; Title 7; Title 9; Title 13; Title 20; Title 21; Title 26; Title 29; Title 35; Title 43; Title 45; Title 47; Title 48; Title 56; Title 66; Title 67 and Title 71.
28.SB 2650*Niceley(HB 2848 by *Wright)
Criminal Offenses- As introduced, creates the Class C felony offense of acquiring or otherwise exercising control over bees or a structure or equipment used to keep, handle, house, exhibit, breed, or offer for sale bees, without the consent of the owner and with the intent to deprive the owner of the bees, structure, or equipment. - Amends TCA Title 39 and Title 43.
29.SB 2221*Powers(HB 1658 by *Lamberth)
Criminal Offenses- As introduced, creates the Class E felony offense of assault against a participant in judicial proceedings, which occurs when a person, while on the premises of a building in which judicial proceedings occur, knowingly assaults a victim that the person knows or reasonably should know is present due to the victim's participation in judicial proceedings. - Amends TCA Title 39.
30.SB 2929*Powers(HB 2704 by *Littleton, Rudder)
Child Abuse- As introduced, permits the second look commission to electronically submit the report detailing the commission's findings and recommendations from a review of an appropriate sampling of cases involving a second or subsequent incident of severe child abuse to the governor, the senate judiciary and health and welfare committees, and the house of representatives civil justice committee. - Amends TCA Title 37; Title 63; Title 68 and Title 71.
31.SB 1887*Lowe(HB 2590 by *Russell, Richey)
Criminal Offenses- As introduced, makes bullying and cyber-bullying offenses subject to the same penalties as harassment; requires an officer to make a report of bullying and notify a parent or guardian when victim is a minor. - Amends TCA Title 37; Title 38; Title 39 and Title 49.
32.SB 2127*Lowe(HB 2475 by *Raper)
Courts, Juvenile- As introduced, allows the court to require the parent or guardian of a child adjudicated unruly in whole or in part for habitual and unlawful absence to provide additional information deemed necessary by the court for imposition of a disposition that adequately addresses the child's circumstances, educational barriers, and root causes of truancy. - Amends TCA Title 37 and Title 49.
33.SB 2222*Lowe(HB 2395 by *Davis)
Tennessee Bureau of Investigation- As introduced, requires the bureau to submit a report on child and human trafficking crimes and trends in this state and current programs and activities of the bureau's human trafficking unit to the legislative librarian as well as to the governor, and the speakers of each house of the general assembly. - Amends TCA Title 38; Title 39 and Title 40.
34.SB 1693*Akbari(HB 2824 by *Camper)
Safety, Dept. of- As introduced, creates an office of gun violence prevention within the department of safety with the goal of collecting and analyzing gun violence data in this state to develop and implement strategies to prevent gun violence and mass shootings; places the office in sunset review in 2027. - Amends TCA Title 4; Title 38; Title 39; Title 47 and Title 68.
35.SB 1929*Akbari(HB 2223 by *Love)
Tennessee Bureau of Investigation- As introduced, creates an Amber+ Alert system for the purpose of issuing alerts with respect to certain youth who are reported missing under unexplained or suspicious circumstances, reported missing and at risk of harm, or reported missing and developmentally disabled or cognitively impaired. - Amends TCA Title 38, Chapter 6, Part 1.
36.SB 1869*Yarbro(HB 2872 by *Hemmer)
Firearms and Ammunition- As introduced, requires clerks of court to collect and report a finding that a person is incompetent to stand trial in a criminal proceeding to the federal bureau of investigation and department of safety; prohibits the purchase or possession of a firearm by a person who has been adjudicated as a mental defective, including a person who has been found incompetent to stand trial in a criminal proceeding. - Amends TCA Title 16; Title 39 and Title 40.
37.SB 1917*Yarbro(HB 2041 by *Jernigan, Powell)
Marriage- As introduced, prohibits marriage between first cousins. - Amends TCA Title 36, Chapter 3.
38.SB 2160*Yarbro(HB 2454 by *Whitson)
Firearms and Ammunition- As introduced, enacts the "Anti-Road Rage Act of 2024"; creates a Class E felony for the reckless discharge of a firearm while operating, or as a passenger in, a motor vehicle; creates a Class A misdemeanor for the reckless brandishing or display of a firearm while operating, or as a passenger in, a motor vehicle. - Amends TCA Title 39 and Title 55.
39.SB 2166*Yarbro(HB 2417 by *Dixie)
Criminal Offenses- As introduced, permits a person who was convicted of an infamous crime after July 1, 1986, but before July 1, 1996, to petition a circuit court for restoration of the person's full rights of citizenship in the same manner established for persons convicted on or after July 1, 1996. - Amends TCA Title 2; Title 34 and Title 40.
40.SB 2354*Yarbro, Campbell(HB 2550 by *Jernigan)
Children's Services, Dept. of- As introduced, clarifies that on or before January 31 of each year the department shall report information regarding child support to the general assembly and the governor. - Amends TCA Title 4; Title 8; Title 33; Title 34; Title 36; Title 37; Title 41; Title 49; Title 68 and Title 71.
41.SB 2405*Yarbro(HB 2515 by *Harris)
Expunction- As introduced, deletes the offense of aggravated prostitution; requires the public records of a person charged with a misdemeanor or a felony offense that has been repealed to be removed and destroyed without cost upon petition by the person. - Amends TCA Title 39 and Title 40.
42.SB 2123*Campbell(HB 2735 by *Hemmer)
Firearms and Ammunition- As introduced, creates a Class E felony that is committed when a person provides to a gun dealer or private seller of firearms what the person knows to be materially false information with intent to deceive the dealer or seller about the legality of a transfer of a firearm; creates a Class E felony that is committed when a person knowingly obtains a firearm for the purposes of transferring the firearm to another who is prohibited from receiving or possessing a firearm by state or federal law. - Amends TCA Title 39.
43.SJR 0922*Campbell
Constitutional Amendments- Proposes an amendment to Article VI, Section 14 of the Tennessee Constitution to authorize municipal courts to impose civil penalties up to $3,000 for violations of municipal ordinances. -
44.SB 1482*Oliver(HB 0688 by *Hardaway, Lamberth)
Criminal Offenses- As introduced, creates a Class C felony of reckless endangerment committed against a population within a geographic territory by members of a criminal gang and the commission of the offense is gang-related; authorizes a court to revoke or prohibit the issuance of a driver license to individuals convicted of such offenses for a five-year period. - Amends TCA Title 39, Chapter 13 and Title 40, Chapter 35.
45.SB 1898*Oliver(HB 2023 by *Clemmons)