Democratic View On Top State Senate Issues - March 28, 2024

  • Thursday, March 28, 2024
  • Brandon Puttbrese

Constitutional amendment would ban state taxes on property. Who would benefit?

  • 8:30 a.m. Senate Regular Calendar — HJR 0081 would amend the Tennessee Constitution to prohibit the legislature from levying, authorizing or otherwise permitting any state tax on property.
  • But the state hasn’t had an official property tax since 1949. So who might benefit from this anti-tax measure?
  • Currently, Tennessee’s only state tax that includes any valuation of property in its calculation is the Franchise Tax, a tax limited to business owners. In the last fiscal year, the Franchise Tax generated $1.3 billion in revenue.

Oliver bill gives cities new financing tool to promote, build affordable housing

  • 8:30 a.m. Senate Regular Calendar — 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 local programs allowed under the bill, but this public-private partnership approach has shown promise in places like Charlotte, N.C.

Lamar bill requires child care centers to notify parents of permanent closure

  • 8:30 a.m. Senate Regular Calendar — Several child care centers in Tennessee have closed abruptly in recent years, leaving working parents without a daycare plan.
  • SB 1759, by Sen. London Lamar, would require these centers to give parents notice of permanent closure as soon as practical.

GOP wants later end date for TANF pilot program while $717M sits unspent

  • 8:30 a.m. Senate Regular Calendar — SB 1823 by Sen. Bo Watson would push the end date of the TANF Tennessee Opportunity Pilot Program, which was meant to spend down Tennessee’s massive $717 million reserve. This bill requires the program to end December 2026.
  • The Tennessee Lookout tracks where the reserve has been and the spend down that wasn’t.

Lawsuits for banned library books

  • 8:30 a.m. Senate Regular Calendar — SB 1858, by Sen. Ferrell Haile, gives students, parents and staff the option to file a civil lawsuit against a school district if school officials fail to act on banned materials.
  • Republicans have pushed a variety of laws attacking the freedom to read.
  • To Republican lawmakers, ideas are more dangerous to children than: gunshot wounds, which are the leading cause of death for kids; lead poisoning, which is prevalent and undercounted; hunger, which is on the rise; or disease, as immunizations rates are declining

Vaccinated veggies? GOP bill would label vaccinated foods as drugs (an issue that does not exist)

  • 8:30 a.m. Senate Regular Calendar — SB 1903 by DR. Joey Hensley is legislation ripped from an anti-vaccination fever dream, but credible news outlets have confirmed it’s not happening.
  • The bill requires food that contains a vaccine to be labeled as a drug. Even the fiscal memo suggests the bill will have little effect: “The proposed legislation will not impact food inspection and sampling programs, as there is no known test for these vaccines in food and no known lab doing this kind of analysis.”

What about bad parents? ‘Parental rights’ bill stomps on children’s rights

  • 8:30 a.m. Senate Regular Calendar — SB 2749, by Sen. Ferell Haile, is a sweeping piece of legislation that removes rights from children to get healthcare or counseling without parental consent.
  • The bill makes no exception for parents who disregard the benefits of medical treatment, mental healthcare or counseling.
  • The legislation also creates new administrative reporting requirements for schools when a parent seeks student records.

‘Christian Heritage Month’: Republicans erode separation of church and state

  • 8:30 a.m. Senate Regular Calendar — SB2306, by Sen. Paul Rose, designates November as "Christian Heritage Month" in a state that ignores many of the teachings of Jesus Christ.
  • Luke 4:18-19: “bring good news to the poor,” “release the captives,” and “set the oppressed free.” That’s not happening in Tennessee.
  • Matthew 25: Jesus directs, “For I was hungry and you gave me something to eat, I was thirsty and you gave me something to drink, I was a stranger and you invited me in… whatever you did for one of the least of these brothers and sisters of mine, you did for me.”
  • Jeremiah 22:13,17: “Woe to him who builds his house by unrighteousness, and his upper rooms by injustice; who makes his neighbors work for nothing and does not give them their wages.”

8:30 a.m. Senate Regular Calendar

  • Final reading
  • 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 1142 *Hensley (HB 1375 by *Ragan)

Historical Commission- As introduced, vacates the commission and reconstitutes the commission; changes the size and appointing authorities for the commission from 24 gubernatorial appointees to 20 total members with five each being appointed by the governor, the speaker of the senate, and the speaker of the house of representatives and five ex officio non-voting members.

3. SB 1646 *Massey (HB 2047 by *Carringer)

Liens- As introduced, adds former public officials to the list of officials who may contest liens on real property believed to lack any legal basis. - Amends TCA Section 47-9-513 and Title 66, Chapter 21, Part 1.

4. SB 1670 *Massey (HB 1922 by *Butler, Leatherwood, Wright, Sherrell, Russell, Hemmer, McCalmon, Capley, Hawk, Hill, Bulso, Cepicky)

Children- As introduced, adds certain assisted-care living facilities, nursing homes, and emergency communications centers as locations where a newborn safety device may be located. - Amends TCA Title 36, Chapter 1, Part 1 and Title 68, Chapter 11, Part 2.

5. SB 1673 *Massey (H 1625 by *Zachary, Moon, Whitson, Davis, Lamberth, Vital, Faison, Hardaway, Todd, Cochran)

Mental Illness- As introduced, requires a qualified mental health professional or behavior analyst to warn or protect an identified victim or group of people when the professional or analyst determines that a service recipient has communicated an intent for actual threat of bodily harm; requires the professional or behavior analyst to report such threat; provides immunity from civil, criminal, and regulatory liability for a professional or analyst who takes reasonable action to warn or protect identified victims or groups and to report such threat . - Amends TCA Section 33-3-206.

6. SB 1706 *Hensley (HB 1799 by *Rudd)

Election Laws-Requires an administrator of elections to file a form, as prescribed by the Coordinator of Elections, containing information regarding any training, seminar, conference, or other educational event related to elections that occurred outside of the state that the administrator of elections attended.

Big Brother is watching, micromanaging local election administrators

7. SB 1708 *Hensley (HB 1631 by *Bulso, Capley, Eldridge, Barrett, Lynn, Littleton, Todd, Grills, McCalmon, Cepicky)

Schools, Private- As introduced, clarifies that a private school serving students in any of the grades pre-K through 12 is authorized to adopt a handgun carry policy for the private school's property.

Current law authorizes private schools serving students in grades kindergarten through 12 (K-12) to establish a handgun carry policy. The proposed legislation will authorize private schools serving pre-K to also adopt a handgun carry policy.

8. SB 1720 *Hensley (HB 2451 by *Leatherwood)

Health Care- As introduced, requires certain information to be included in a healthcare practitioner advertisement; adds certain activities to and exempts certain activities from the definition of the practice of medicine. - Amends TCA Title 47; Title 63 and Title 68.

9. SB 1727 *Jackson (HB 1862 by *Faison)

Medical Occupations- As introduced, enacts the Physician Assistant (PA) Licensure Compact. - Amends TCA Title 63 and Title 68.

10. SB 1759 *Lamar, Campbell (HB 1669 by *Behn)

Day Care- Requires a child care center to provide notice of its permanent closure to parents or guardians of enrolled children as early as practicable.

11. SB 1779 *Swann (HB 1639 by *Moon, Garrett, Hardaway, Carr, Crawford, Cepicky)

Hospitals and Health Care Facilities- As introduced, provides that, if an incapacitated or deceased patient has no authorized representative, the patient's next of kin will be treated as an authorized representative for the patient for the purposes of obtaining the patient's hospital records. - Amends TCA Title 63 and Title 68.

12. SB 1784 *Lundberg (HB 1874 by *Crawford)

Emergency Communications Districts- As introduced, requires the board of directors of an emergency communications district to ensure that all calls coming from a blue-light emergency telephone are recorded.

13. SB 1823 *Watson (HB 1971 by *Hawk)

Human Services, Dept. of- As introduced, authorizes the department to enter into, or amend an existing, grant contract or other contract as necessary to ensure successful implementation and completion of the Tennessee opportunity pilot program. - Amends TCA Section 71-5-1203.

14. SB 1858 *Haile, Rose (HB 1632 by *Bulso, Barrett)

Education- As introduced, gives a parent of a child who attends, or who is eligible to attend, a school operated by a local education agency or a public charter school standing to file a civil action against the LEA or public charter school in a chancery court of competent jurisdiction to enforce the Age-Appropriate Materials Act of 2022.

Allows for lawsuits against schools for library books.

15. SB 1859 *Rose (HB 1920 by *Lamberth)

Sentencing- As introduced, extends the percentage of a misdemeanor sentence that a court may require a defendant to serve from 75 percent to 100 percent.

More mass incarceration. Less rehabilitation.

16. SB 1862 *Haile, Campbell (HB 1863 by *Faison, Behn)

Dieticians and Nutritionists- As introduced, enacts the "Dietitian Licensure Compact." - Amends TCA Title 4; Title 63 and Title 68.

17. SB 1868 *Hensley (HB 1909 by *Bulso, Barrett, Butler, Capley, Todd, Cochran, Davis, Moody)

Weapons- As introduced, specifies that it is not a criminal offense for an adult person to carry or possess pepper spray, a taser, or another similar device for purposes of self-defense when on property owned, operated, or in use by any college or university board of trustees, regents, or directors for the administration of any public or private educational institution; prohibits the adoption of a policy by a college, university, or other educational institution prohibiting an adult person from carrying pepper spray, a taser, or another similar device for purposes of self-defense when on property owned, operated, or in use by any college or university board of trustees, regents, or directors for the administration of any public or private educational institution.

18. SB 1874 *Watson (HB 1853 by *Williams)

Health Care- As introduced, for the purposes of regulation of health and related facilities, exempts from the definition of "home health service" services provided by a person or entity that solely provides services of occupational and physical therapy or communication disorders and sciences by healthcare professionals if provided only on an outpatient basis; and therapy outpatient services provided by a person or entity under the social security act and reimbursed under medicare part B or a similar medicare advantage plan. - Amends TCA Title 63 and Title 68.

19. SB 1903 *Hensley, Bowling (HB 1894 by *Cepicky, Richey, Grills, Hulsey, Hill, Davis, Martin G, Rudd, Moody, Lynn)

Food and Food Products- As introduced, defines food that contains a vaccine or vaccine material as a drug for purposes of the Tennessee Food, Drug and Cosmetic Act.

20. SB 1905 *Jackson (HB 2168 by *Littleton, Lamberth)

Orders of Protection- As introduced, states that an order of protection issued by a general sessions court or other official remains in effect during the appeal to circuit or chancery court unless otherwise ordered by the general sessions judge or official. -

21. SB 2297 *Haile (HB 2308 by *Vaughan)

Health Care- As introduced, changes certain requirements for healthcare providers who are not physicians to qualify to prescribe a buprenorphine product for the treatment of opioid use disorder, recovery, or medication-assisted treatment. - Amends TCA Title 33; Title 53; Title 63 and Title 68.

22. SB 2549 *Swann (HB 2537 by *Cochran)

Marriage- As introduced, authorizes district attorneys general and former district attorneys general to solemnize marriages, if the district attorney general or former district attorney general has filed notice with the office of vital records indicating their intent to solemnize marriages. - Amends TCA Title 36, Chapter 3, Part 3.

23. SB 2713 *Lundberg, Powers, Johnson (HB 2676 by *Williams, Lamberth, Zachary, White, Faison, Darby, Garrett, Hicks G, Hazlewood, Vaughan, Hicks T, Baum, Alexander, Burkhart, Martin B)

Tennessee Higher Education Commission- As introduced, abolishes the governing board of directors for the Tennessee student assistance corporation and designates the corporation as a division of the commission; revises certain duties and powers of the commission; vacates and reconstitutes the commission on July 1, 2024. - Amends TCA Title 4, Chapter 29 and Title 49.

24. SB 2749 *Haile (HB 2936 by *Faison)

Children- As introduced, enacts the “Families’ Rights and Responsibilities Act."

25. 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.

26. SB 0898 *Akbari (HB 0521 by *Dixie)

Professions and Occupations- As introduced, creates the professional music therapist advisory committee of the board of examiners in psychology to regulate the practice of music therapy. - Amends TCA Title 4 and Title 63, Chapter 11.

27. 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.

28. SB 1694 *Yarbro (HB 1814 by *Thompson, Behn)

Landlord and Tenant- As introduced, requires a landlord, or another person authorized to enter into a rental agreement on the landlord's behalf, to disclose to a residential tenant certain contact information for the agent authorized to manage the premises and an owner of the premises, or a person or agent authorized to act for and on behalf of the owner for the acceptance of service of process and for receipt of notices and demands. - Amends TCA Title 66.

29. SB 1782 *Lundberg (HB 2068 by *Jernigan)

Criminal Offenses- As introduced, raises from a Class A misdemeanor to a Class E felony certain animal cruelty offenses involving a cock; requires a fine of not less than $1,000 nor more than $2,500 for the offense of being a spectator at a cock fight. - Amends TCA Title 39, Chapter 14, Part 2.

30. SB 1801 *Johnson, Yager, Haile (HB 1906 by *McCalmon, Russell, Todd, Powell, Hardaway)

Statutes of Limitations and Repose- As introduced, allows a minor victim 30 years after the victim turns 18 years of age to sue the alleged perpetrator for any injury or illness stemming from the offense of trafficking for a commercial sex act. - Amends TCA Title 28 and Title 39.

31. SB2306 by Rose (HB2125 by Grills)

State Symbols - As introduced, designates November as "Christian Heritage Month."

32. 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.

8:30 a.m. Message Calendar

1. SB 1060 *Hensley (HB 0843 by *Lynn, Barrett, McCalmon, Miller, Powers, Cepicky)

Education, Higher- Makes changes to the Age-Appropriate Materials Act of 2022. Declares that certain materials are not appropriate for a student in any of the grades K-12 and prohibits such materials from being maintained in a school's library collection. Requires the material to be reviewed by each local board of education (LBE) and public charter school from which feedback was received to be reviewed within 60 days from the date the feedback was received.

Both versions are terrible.

2. SB 1611 *Roberts (HB 1754 by *Ragan)

Sunset Laws- As introduced, extends the department of general services to June 30, 2028. - Amends TCA Title 4, Chapter 29 and Title 4, Chapter 3.

House version is preferable because the Senate version unnecessarily shortens the sunset timeline to please Rusty Crowe.

3. SB 1681 *Walley (HB 2061 by *Hicks T)

Mental Illness- As introduced, clarifies the meaning of “local law enforcement” for purposes of the required notification to law enforcement by an inpatient mental health treatment facility or hospital that a service recipient has been committed; requires the clerk of court who maintains records of the adjudication as a mental defective or judicial commitment to a mental institution of a Tennessee resident to notify the clerk of court in the county of the person’s permanent residence. - Amends TCA Title 16; Title 18; Title 33 and Title 68.

4. SB1979 by Niceley (HB1861 by Faison)

Schools, Home - As introduced, requires a public school that is not a member of an interscholastic athletic regulatory organization or association to offer home school students who are zoned to attend the school the same opportunity to participate in the interscholastic athletics offered by the school as is required of a public school who is a member of an interscholastic athletic regulatory organization or association that maintains eligibility requirements for home school students.

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