GOP bill bars local governments from enacting ‘red flag’ gun safety laws

• 8:30 a.m. Senate Regular Calendar – A year after Gov. Bill Lee asked the legislature to pass an extreme risk protection order allowing police to remove firearms from a dangerous person, the Senate is poised to pass a measure banning all “red flag” policies in the state.
• 18. SB 2763  by Sen. Janice Bowling would prohibit any local government from enacting an extreme risk protection order. 
• Tennessee is a national leader in gun violence. Since session ended last year with any gun safety reform, there have been at least 1,316 shooting incidents, 14 mass shootings, 1,072 people injured and 546 people killed by gunfire, including 54 children. These statistics were compiled from local media reports and published on our website TNUnderTheGun.com.

 

Bill limits awards to injured patients in successful medical malpractice lawsuits

• 8:30 a.m. Regular Calendar – 12. SB 2253, by Sen. John Stevens, would limit what an injured patient can receive in a medical malpractice award to the actual costs incurred by the patient.
• At the expense of harmed patients, the legislation would be a substantial win for medical providers found liable for patient injuries and medical malpractice insurance providers.
• This bill was on the schedule for Wednesday, but was delayed until today.

 

$1.1B or $1.9B? Back and forth begins over Gov. Lee’s corporate handout

• 8:30 a.m. Senate Message — SB 2103, by Sen. Jack Johnson, would give property-rich corporations $4.1 billion worth of franchise tax breaks over the next decade ($400M annually) and authorize $1.6 billion worth of immediate refunds to those same taxpayers.
• The House version includes the $400 million annual tax break for corporations, but the handout was reduced to $700 million. Their version also requires that the companies claiming a refund be named publicly. 
• Gov. Bill Lee, who refuses to say whether his company will benefits, insists he only included this massive corporate tax break in his budget to ward off potential legal challenges. But there is no lawsuit. Just a strongly worded letter. 
• Independent tax experts say the law could be fixed with a simple tax credit and the governor is conceding billions worth of revenue for no reason.
• Unless one chamber adopts the other chamber’s plan, this is headed to a conference committee.

 

TUESDAY: Finance chairman eyes budget vote as early as Tuesday

• The chairman of the Senate finance committee said a vote on state budget bills could come as early as Tuesday – with the caveat that there are still a “couple bills that leadership are working out.” [Watch 1:42:00 timestamp]
• The bills chairman Bo Watson referenced are SB 0503 and SB 2103 — Gov. Bill Lee’s voucher scam and corporate handout respectively. 
• Lee’s voucher scam legislation has stalled in committee for three weeks as elected school boards and county commissions from across the state have passed resolutions in opposition to the scam.
• It seems Republicans aren’t eager to endorse Gov. Lee’s voucher scam in an election year for a few reasons: 
• diverts public education funds away from neighborhood schools; 
• uses public tax dollars to subsidize private school tuition for wealthy families; 
• the state’s existing voucher program isn’t working;
• these expensive new entitlement programs are budget busters
• The Senate version has a low-ball estimate of $75 million in year one and $278 million by year two. The House version estimates a $397 million price tag in year one. The governor only included $144 million in his budget recommendation to launch this program.

• The Tennessean reports that House Republicans intend to pay for their voucher legislation by reassigning dollars earmarked for K-12 teacher raises, insurance and retirement benefits. Teachers are opposed.

 

8:30 a.m.   Senate Regular Calendar

 

1. SB 1692 *Johnson (HB  1731 by *McCalmon)

Consumer Protection- Creates the Modernization of Towing, Immobilization, and Oversight Normalization (MOTION) Act. Prohibits a commercial parking lot owner from: (1) booting or towing a motor vehicle located on the lot owner's lot if the motor vehicle is not an abandoned, immobile, or unattended motor vehicle; (2) utilizing an automatic license plate reader to enforce the lot owner's parking requirements without first posting a sign; and (3) charging a penalty for non-payment of parking fees for a first violation in excess of the actual cost of the unpaid cost to park; provided, however, that a commercial parking lot owner may charge a late fee of up to $50.00 in addition to the actual cost of the unpaid cost to park if the actual cost of the unpaid cost to park is not paid within 30 calendar days.

 

2. SB  2263 *Lundberg (HB  2198 by *Mitchell, Sexton, Hemmer, Powell, Jernigan, Butler, Doggett, Johnson C, Hardaway, Holsclaw, Stevens, Helton-Haynes, Moon, Burkhart, Richey, Alexander)

Criminal Offenses- As introduced, increases the penalty for the offense of threatening to commit an act of mass violence on school property or at a school-related activity from a Class A misdemeanor to a Class E felony. 

 

Penalty enhancement – property specific – where the majority of new felony offenders would likely be school students.

 

3. SB 2299 *Yager (HB  2376 by *Butler)

Public Health- Clarifies that, for the purpose of regulation of health and related facilities, an organization is classified as a home care organization if such organization provides home health services, home medical equipment services, professional support services, or hospice services to one or more patients on an outpatient basis.

 

4. SB 2300 *Crowe (HB  2378 by *Helton-Haynes)

Health, Dept. of- Requires the Board of Nursing (BON) to prescribe a minimum of 1,296 clock hours, or an equivalent number of credit hours, for practical nursing programs in the state.

 

5. SB 2304 *Gardenhire (HB  2684 by *Doggett)

Bail, Bail Bonds- As introduced, requires a defendant for whom a bench warrant is issued due to failure to appear on a felony or a Class A or Class B misdemeanor that is violent or sexual in nature as determined by the court, or who is charged with a failure to appear, to be placed on any available state or federal list or database as a fugitive from justice, without limitation, within 10 days after the bench warrant is received by law enforcement. - Amends TCA Section 40-11-139 and Section 40-11-142.

 

OK

 

6. SB 2426 *Jackson (HB  1843 by *Ragan)

Taxes- 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.

 

U.S. State Department: Burma, People’s Republic of China, Cuba, Eritrea, Iran, the Democratic People’s Republic of Korea, Nicaragua, Pakistan, Russia, Saudi Arabia, Tajikistan, and Turkmenistan

 

7. SB 2507 *Johnson (HB  2665 by *Slater)

Juvenile Offenders- Guarantees a parent a right to phone and see their child within 24 hours of being admitted to a juvenile detention facility for a delinquent act. During the time period following the first twenty-four (24) hours a child has been admitted to a juvenile detention facility, but prior to being adjudicated for an alleged delinquent act, a child must be allowed at least three (3) separate telephone calls with the child's parent, guardian, or legal custodian, and one (1) in-person visit with the child's parent, guardian, or legal custodian per week. 

 

8. SB 2508 *Johnson (HB  2712 by *Garrett)

Culture and Arts- Establishes the Live Music and Performance Venue Fund (Fund) composed of funds appropriated by the General Assembly, gifts, grants, and other donations received from nonstate sources. Requires the Tennessee Film, Entertainment, and Music Commission to administer the Fund and the commission or a subcontracted nonprofit organization to provide grants from the Fund to eligible live music performance venues, performers, and promoters. Requires remaining moneys in the Fund at the end of each fiscal year to carry forward into the next fiscal year. Requires grants issued from the Fund be used to support live music performances, performers, promoters, and the operational, promotional, or capital expenditures of live music and performance venues.

 

9. SB 2547 by Powers

Prohibits a developer, sales agent, or other related party from prohibiting, impeding, or intimidating a purchaser of a time-share interval from obtaining assistance to understand or address concerns regarding a time-share contract or cancellation of such contract. Authorizes individuals to assist purchasers with communicating or addressing any concerns with a developer, sales agent, or related party about a time-share contract, cancellation, or termination before or after the cancellation period. Specifies such assistance is not to be considered as legal business or the practice of law unless otherwise provided as part of an administrative or judicial proceeding. 

 

10. SB 2551 *Lundberg (HB  2780 by *Parkinson, McCalmon, Helton-Haynes, Fritts, Butler)

Children- Requires that if a person is convicted of parentage fraud the judge or jury must ascertain the value of any child support paid by the victim in reliance upon the parentage fraud, and the court must order the defendant to pay restitution of that value of child support to the victim, if not previously restored to the victim. Establishes that a victim of parentage fraud may bring a cause of action to recover other financial support made in reliance upon the parentage fraud.

 

11. SB 2583 *Taylor (HB  2182 by *White)

Taxes, Sales- As introduced, redefines "qualified data center" for purposes of sales and use tax exemptions 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: $3.0 million / FY24-25 and Subsequent Years for 15 jobs? Guess who? FedEx, again.

 

12. SB  2589 *Taylor (HB  2466 by *Stevens, Hardaway, Moody)

Tennessee Bureau of Investigation- As introduced, authorizes the bureau to provide a defendant with a certified copy of an order expunging the public records of a criminal offense following the dismissal of charges entered on behalf of the defendant; allows the bureau to charge a reasonable fee for the certified copy. - Amends TCA Title 38 and Title 40.

 

13. SB 2610 *Rose (HB  2348 by *Ragan)

Criminal Offenses- Creates a Class E felony offense, punishable only by a fine of up to $3,000, for an entity that is supported in whole or in part by public funds to knowingly provide meeting spaces or other forums, including, but not limited to, electronic and print platforms, to any of the following for the purpose of soliciting material support, recruiting new members, encouraging violent action: (1) any entity designated by the United States Department of State as a foreign terrorist organization or by the United States Department of the Treasury as a specially designated national; (2) a group or organization that the entity knows or reasonably should know has been found by a court of competent jurisdiction to have engaged in an act of terrorism; or (3) a group or organization that the entity knows or reasonably should know receives financial or other support from a designated entity. 

 

The amendment removed the “divisive concepts” language in the original bill.

 

14. SB 2630 *Pody (HB  1617 by *Richey, Warner, Hardaway)

Sexual Offenders- As introduced, extends from 10 years to 15 years the period of time following termination of active supervision on probation, parole, or any other alternative to incarceration, or discharge from incarceration without supervision after which an offender may file a request for termination of the requirement to register as a sexual offender or violent sexual offender. - Amends TCA Title 39 and Title 40, Chapter 39, Part 2.

 

15. SB 2654 *White (HB  2790 by *Littleton)

Criminal Offenses- As introduced, creates a Class B misdemeanor that is committed when a person knowingly tampers with, removes, or vandalizes a monitoring device that the person is required to use as a condition of bond, probation, or parole; requires an entity monitoring such a device to notify the court with jurisdiction over the person's bond, board of parole, or probation officer upon becoming aware that there has been an attempt to either tamper with, disable, remove, or otherwise make the device ineffective. - Amends TCA Title 40.

 

16. SB 2677 *White (HB  2865 by *Baum, Stevens)

Veterans- Clarifies that grant money received from the Department of Mental Health and Substance Abuse Services (DHMSAS) for creating or operating a veterans treatment court may not be used to provide a courtroom, judge, and all necessary supplies and equipment for the maintenance of the court.

 

17. SB 2689 *White, McNally, Haile (HB  2930 by *Sexton)

Courts, Administrative Office of the- As introduced, directs the administrative office of the courts (AOC) to define and develop a centralized system of case management, document management, electronic case filing, electronic payment methods, data reporting, and any other capability deemed necessary for collection and reporting of all state and local court public case level data. - Amends TCA Title 8; Title 16 and Title 18.

 

18. SB 2763 *Bowling (HB  2035 by *Barrett, Capley, Richey, Todd, Fritts, Grills, Doggett, Faison, Zachary, Cochran, Martin B, Bricken, Butler, Keisling, Hill, Moon, Vital, Crawford, Darby, McCalmon, Rudd, Reedy, Lynn, Hale, Carr)

Firearms and Ammunition- As introduced, preempts the entire field of legislation regarding extreme risk protection orders to the exclusion of all county, city, town, municipality, or metropolitan government law, ordinances, resolutions, enactments, or regulation; declares a federal statute, rule, executive order, or a federal judicial order that has the effect of enforcing an extreme risk protection order to be null and void; creates a Class A misdemeanor offense of attempting to enforce a federally implemented extreme risk protection order. - Amends TCA Title 36; Title 38 and Title 39.

 

19. SB 2782 *Bowling (HB  2310 by *Richey, Grills, Fritts, Hulsey, Darby, Todd, Capley, Lamberth, Leatherwood, Barrett, Hill, Warner, McCalmon, Carringer, Moody, Moon, Davis, Hicks T, Littleton, Russell, Marsh, Lafferty, Reedy, Farmer, Lynn, Travis, Bulso, Butler, Sparks, Slater, Martin B, Burkhart, Eldridge, Keisling, Sherrell, Vital, Howell, Doggett, Ragan, Cepicky, Raper, Haston, Stevens, Alexander, Faison, Powers, Hurt, Vaughan)

Public Health- As introduced, creates a civil cause of action against any person who knowingly removes a minor from this state without the consent of a parent of the minor for the purpose of assisting the minor in obtaining a healthcare procedure that is for the purpose of enabling the minor to identify with, or live as, a purported identity inconsistent with the minor's sex or treating purported discomfort or distress from a discordance between the minor's sex and asserted identity.   - Amends TCA Title 29; Title 36; Title 37; Title 39 and Title 68.

 

20. SB  2793 *Gardenhire, McNally (HB  2931 by *Sexton, Howell)

Judges and Chancellors- As introduced, requires a judge who enters into a deferred discipline agreement regarding a matter before the board of judicial conduct to sign an affidavit stating that the judge consents to the recommendation of the investigative panel, the consent is freely and voluntarily rendered, there is a pending proceeding involving allegations of misconduct, which must be specifically set forth in the affidavit, and the facts set forth in the affidavit are true; requires the affidavit to be filed with the board upon its approval by a hearing panel. - Amends TCA Title 16 and Title 17.

 

Heavy handed but seemingly OK

 

21. SB 2797 *Rose (HB  2809 by *Hulsey, Powers, Reedy, Carr, Russell, Fritts)

Firearms and Ammunition- As introduced, expands the definition of a law enforcement officer to include retired law enforcement officers who are carrying a firearm pursuant to certain state laws for purposes of when a law enforcement officer may carry a firearm. - Amends TCA Title 38 and Title 39.

 

22. SB 2844 *Roberts (HB  2686 by *Doggett, Lamberth)

Expunction- As introduced, clarifies that an eligible petitioner may file a petition for expunction under certain circumstances if the offense the person is seeking to expunge occurred prior to any conviction for an offense that is not eligible for expunction; allows an eligible petitioner who has been convicted of more than two offenses to seek expunction of two eligible offenses under certain circumstances; makes various other clarifications relating to expunction laws. - Amends TCA Section 40-32-101.

 

23. SJR 1135 by Pody

General Assembly, Statement of Intent or Position - Opposes the United States' participation in the World Health Organization Pandemic Prevention Preparedness and Response Accord.

 

24. HJR 0131 *Garrett, Reedy, Todd, Faison, Lamberth, Richey, Sherrell, Powers, Towns, Hawk, McCalmon, Ragan, Lynn, Moody, Vital, Doggett, Leatherwood, Zachary, Williams, Barrett, Capley, Slater, Terry, Howell, Martin B, Warner, Hicks T, Cepicky, Keisling, Carr, Moon, Grills (HJR 0131 Stevens)

General Assembly, Statement of Intent or Position- Addresses and establishes the declared public policy of the State of Tennessee relative to the right of the citizens and those within the boundaries of this State to keep, bear, and wear arms. 

 

• 25. HJR 0005 *Todd, Sparks, Warner, Zachary, Bricken, Hawk, Lynn, Richey, Garrett, Powers, Capley, Carr, Vital (HJR 0005 Briggs)

Constitutional Conventions- Makes application to Congress for the purpose of calling an Article V convention to propose an amendment to the United States Constitution to set a limit on the number of terms to which a person may be elected as a member of the Congress of the United States.

 

            We have term limits. They’re called elections. 

 

26. HJR 0801 by McCalmon

Memorials, Congress - Urges the federal government to do all within its power to secure the U.S. border.

 

27. SB 0502 *Watson (HB  0916 by *Rudder)

Health care- This is a “white bagging” bill.

 

“White bagging” is the current practice in Tennessee. This bill would restrict the practice somewhat. 

 

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  2229 *Rose (HB  2301 by *Howell)

Criminal Offenses-  Requires certain drug offenses to be punished as second-degree murder if the substance involved is fentanyl or carfentanyl, or any analogue or derivative thereof, either alone or in combination with any substance scheduled as a controlled substance by the Tennessee Drug Control Act of 1989, and the offense resulted in the death of another person. 

 

30. SB 2253 *Stevens (HB  2001 by *Farmer)

Healthcare Liability- Limits the amount a plaintiff can win a medical malpractice trial related to medical expenses. Uses state law to reduce financial liability for a health care provider found liable for malpractice. Under the bill, a plaintiff could only win actual medical costs versus current law, which allows awards for “reasonable and necessary costs.”

 

Bad bill. Limits awards in medical malpractice lawsuits.

 

Message Calendar

 

1. SB 2103 *Johnson, Yager (HB  1893 by *Lamberth, Cochran)

Taxes, Franchise- As introduced, deletes the provision requiring that the measure of the franchise tax must not be less than the actual value of the real or tangible property owned or used by a taxpayer in this state; authorizes the commissioner of revenue to issue refunds under certain conditions to taxpayers who properly file a claim for refund for taxes paid under that provision.

 

Gov. Lee’s giant corporate tax handout.

 

2. SB 2561 *Taylor, Johnson (HB  2618 by *Gillespie)

County Government- As introduced, requires a nonprofit organization that has entered into a contract or memorandum of understanding with the district attorney general to disclose the list of persons or entities that have donated to the nonprofit in the previous calendar year, upon written request from a member of the general assembly or passage of a resolution requesting the information by a county legislative body for a county within the judicial district. 

 

State interference with local government.