Senate Republican Caucus Weekly Wrap April 4

  • Thursday, April 4, 2024
This week, Senate Republicans advanced measures to protect constitutional rights,
improve public safety and educate Tennessee children on the development of unborn children.
Almost all legislative business has shifted from committees to the Senate floor. The full Senate
will meet four times next week to deliberate and pass bills advanced from committees. All but
two committees have completed their business for the year. The two remaining committees –
Finance, Ways and Means and Energy, Agriculture and Natural Resources – are set to meet next
week.

Senate Republicans advance constitutional amendments protecting right to bear arms in Tennessee

Senate Republicans are proceeding with two proposals from Senator John Stevens
(R-Huntington) to amend the Tennessee Constitution to strengthen Tennesseans’ Second
Amendment rights.

Senate Joint Resolution 904 advanced to protect citizens’ right to bear arms in the Tennessee
Constitution and limit the legislature’s ability to pass restrictive gun laws.
The measure proposes
to replace the current constitutional provision that authorizes the legislature to “regulate the
wearing of arms with a view to prevent crime” and instead state that “citizens have a right to
keep, bear and wear arms.”

“The proposed language makes a key distinction that will reinforce Tennesseans’ Second
Amendment rights,” said Stevens. “It ensures that the state of Tennessee recognizes that the
right to bear arms means citizens have the right to own and carry firearms for their own
defense.”

Senate Joint Resolution 904 was read for the first time on the Senate floor this week after
passing the Judiciary Committee last month.

This week, Republicans also advanced House Joint Resolution 131 to establish that within the
borders of Tennessee, only Tennessee’s gun laws can apply in court. This would ensure other
states cannot enforce their gun laws in Tennessee.

“This policy is important to protect Tennesseans and Tennessee companies from being sued
under another state’s gun laws,” said Stevens. “It would make clear that if a Tennessee gun
manufacturer had a weapon used in the commission of a crime in another state, then it would
be the policy of the state of Tennessee that only Tennessee’s gun laws can apply to Tennessee
citizens and companies.”

In 2023, the General Assembly passed a new law providing civil liability protection to firearm
and ammunition manufacturers preventing them from being held liable for illegal acts carried
out by criminals using their products.

HJR 131 passed the Senate Judiciary Committee this week and passed the House of
Representatives last year. It now advances to the Senate floor for its first passage by the General
Assembly.

In Tennessee, a proposed constitutional amendment must first be read aloud to the legislature
three times in three separate sessions before being voted on. Then, it must pass the General
Assembly twice. The first time it must pass with a simple majority voting in favor. The second
time it must pass the next General Assembly by a two-thirds majority. Finally, the amendment
is placed on the ballot. To be successful the proposed amendment must receive more yes votes
than no votes, and the number of yes votes must be a majority of the total votes in the
gubernatorial election.

Senate passes firearm safety education in public schools

The Senate this week passed Republican legislation to expand firearm safety education in
Tennessee public schools.

Senate Bill 2923, sponsored by Senator Paul Bailey (R-Sparta), would provide students with age
and grade-appropriate instruction on firearm safety as part of the existing safety training
currently offered in public schools. The curriculum would include safe storage information, how
to identify a firearm, the safety risks associated with them and to notify an adult if one is found.
The Department of Education and Department of Safety, in consultation with the Tennessee
Fish and Wildlife Commission, would determine the earliest appropriate grade for students to
begin receiving education related to firearm safety. The instruction would continue through the
12th grade.

The legislation would prohibit the use of live firearms and ammunition as part of the
curriculum. Instruction would also be required to remain neutral on political and gun-related
issues.

Senate passes legislation to include fetal development in family life curriculum

The Senate passed legislation this week that aims to inform students in family life courses about
the biological process of human fetal development from conception to birth. The Baby Olivia
Act, sponsored by Senator Janice Bowling (R-Tullahoma), would add that a family life curriculum
must include a 3-minute video of a high-definition ultrasound or computer-generated animation
depicting the growth of vital organs such as the brain and heart in early fetal development.
The legislation refers to a video called “Meet Baby Olivia” as qualifying material that meets the
curriculum standards set in the legislation.

“The family life curriculum would be incomplete if it did not show the very beginning of human
life at conception,” said Bowling. “The Baby Olivia video is a scientific and medically accurate
depiction of human development starting at the very beginning of life when the sperm meets
the egg. This video is one of the options teachers have the discretion to show their students
about human fetal development.”

Under Tennessee law, family life courses require parental consent for students to participate.
The legislation passed on the Senate floor Thursday and now awaits the governor’s signature.

Judiciary Committee passes legislation to prevent terrorist organizations from meeting in taxpayer funded spaces

Senator Paul Rose (R-Covington) is sponsoring legislation in an attempt to prevent harm caused
by terrorist organizations across the state. Senate Bill 2610 will prevent taxpayer funded forums
from knowingly allowing spaces for terrorist organizations to meet.

“Terrorist organizations have grown around the world, and more troublingly, in the United
States,” said Sen. Rose. “Recently these organizations have begun to spread their messages
through different means. This bill will prohibit these malicious organizations from meeting on
public property or using other taxpayer funded means to spread their hateful ideologies.”

The legislation creates a Class E felony offense, punishable by a fine of up to $3,000, for an
entity receiving public funds to knowingly provide meeting spaces or other forums, including
electronic and print platforms used to solicit support for terrorist organizations.

Under Tennessee law, terrorist organizations include 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.

The bill advances to the Senate floor for final consideration.

Additional protections against divisive concepts advances

A bill that aims to strengthen protections for free expression at public universities in Tennessee
passed the Senate floor this week.

Senate Bill 2501, sponsored by Senator Joey Hensley (R-Hohenwald) would require public
colleges and universities to investigate alleged violations of the state’s divisive concepts law and
report the findings promptly.

The results of each investigation must be reported to the Comptroller’s office within 10 days of
being completed, according to the legislation. Status updates for ongoing investigations must be
submitted every 30 days. State lawmakers must also be notified if an institution receives more
than 10 reports during a single academic year.

The General Assembly approved the Tennessee Higher Education Freedom of Expression and
Transparency Act last year, which allows any student or employee of a public university to file a
report of an alleged violation of the state’s divisive concepts law.

Divisive concepts are those that exacerbate and inflame divisions on the basis of sex, race,
ethnicity, religion, color, national origin and other criteria in ways that are contrary to the unity
of the United States of America and the well-being of Tennessee and its citizens.

TennCare for Working Individuals with Disabilities Act - Senator Bo Watson (R-Hixson) is
sponsoring the TennCare for Working Individuals with Disabilities Act to establish a buy-in
program so that individuals with disabilities can continue gainfully working without losing their
health insurance coverage through TennCare. Current TennCare policy strictly limits eligibility for
supports and services based on income. These restrictions limit the types of work individuals
with disabilities can do without losing health coverage. Senate Bill 2791 will allow enrollees to
pay a monthly premium of 5% of their income to receive the care and benefits needed, allowing
the individual to still work gainfully.

“We want to encourage individuals with disabilities to fully engage in their community,” said
Sen. Watson. “This legislation can change the lives of these individuals without fear of losing
access to care.”

The bill advances to the Senate Finance Committee for further consideration.

Katie Beckett Waiver - This year, Senator Kerry Roberts (R-Springfield) is sponsoring Senate Bill
2864 which will increase the number of slots available for part B of the Katie Beckett waiver,
allowing more families to participate in the program. The Katie Beckett program provides
TennCare coverage for in-home care for children with severe and medically complex disabilities.
The Katie Beckett Waiver was started under President Ronald Reagan. It created the opportunity
for states to apply for a Medicaid waiver to allow the use of federal and state dollars to cover
in-home care for children with medically complex disabilities, instead of only covering hospital
care.

The General Assembly approved the Katie Beckett Waiver in 2019 to expand TennCare coverage
to in-home care for about 3,000 children with medical disabilities.

The bill advances out of the Senate Health and Welfare Committee to the Senate Finance
Committee.

Judicial redistricting - Senator Jon Lundberg (R-Bristol) advanced Senate Bill 305 out of the
Senate Judiciary Committee this week. Because of the growth of Tennessee, there is a need to
disperse judicial resources and redistrict according to population size. The proposed changes,
which will take effect September 1, 2030, are as follows:
- 14th Judicial District - the current 15th Judicial District would be renamed the 14th
Judicial District and would lose Wilson County. It would be comprised of Trousdale,
Macon, Smith, Jackson and gains Clay County.
- 15th Judicial District - becomes a single county judicial district, comprised of Wilson
County.
- 16th Judicial District - becomes a single county judicial district of Rutherford County as
Cannon County is removed.
- 31st Judicial District - will gain two counties, Cannon and Coffee, to its existing counties,
Warren and Van Buren.

The redistricting proposal eliminates the current 14th judicial district by adding Coffee County
to the 31st Judicial District. These changes will allow for accurate reflections of population,
resulting in a more efficient and effective judicial system for the state.

The bill advances to the Senate Finance, Ways and Means Committee.

Empowering parents in vaccine decisions – To protect parental authority in decisions regarding
their children's health, the Judiciary Committee passed Senate Bill 2641, sponsored by Senator
Joey Hensley (R-Hohenwald) to ensure parents play a role in the decision-making process of
childhood vaccinations.

Instead of declaring that parents and legal guardians should adhere strictly to predefined
vaccination guidelines, the legislation proposes that vaccination decisions should be guided by
recommendations from healthcare providers, in consultation with parents or guardians, aligning
with the commissioner of health's recommendations when deemed appropriate. The bill
advanced out of the Senate Judiciary Committee to the Senate Health and Welfare Committee
for further consideration.

Increasing responsibility for medication aides - On Monday, the Senate passed legislation that
would expand the abilities of medication aides to administer medications. Senate Bill 1993,
sponsored by Senator Becky Massey (R-Knoxville), would remove certain restrictions on
medication aides, allowing them to administer oral and topical medications without the
requirement of a prior nursing assessment completed by a licensed nurse.

They will also be allowed to administer medications delivered by aerosol, nebulizers or material
hand-held inhalers. The current restrictions have often led to delays in medication
administration and increased burdens on nursing staff, ultimately impacting patient care.

Equal coverage for non-opioid medications – In an effort to curb excessive opioid usage in
Tennessee, Senator Shane Reeves (R-Murfreesboro) is sponsoring legislation ensuring equal
coverage for non-opioid pain medications. Senate Bill 2011 would make sure that non-opioid
drugs approved by the U.S. Food and Drug Administration for pain are not at a disadvantage
compared to opioid or narcotic drugs in terms of coverage for pain treatment or management
on the Prescription Drug List (PDL). The bill passed the Senate and awaits the Governor’s
signature.

Textbook accessibility - Legislation ensuring students have reasonable access to necessary
classroom materials passed the Senate chamber this week. Senate Bill 2312, sponsored by
Senator Mark Pody (R-Lebanon) requires schools that provide electronic textbooks and
instructional materials to students to also provide a physical copy if the child’s parent requests
it. The bill passed the Senate floor this week and awaits the Governor’s signature.

Giving trained teachers the option to conceal carry a firearm to protect their school – To give
teachers more tools to protect themselves and their students, Senator Paul Bailey (R-Sparta) is
sponsoring Senate Bill 1325 that would allow school faculty and staff with enhanced handgun
carry permits to carry concealed firearms within the school.

The school staff who chose to carry a firearm would also be required to complete 40 hours of
annual training and a psychological evaluation. The legislation passed out of the Senate
Judiciary Committee and awaits passage on the Senate floor.

Threats of violence - Senate Judiciary Committee Republicans advanced legislation
strengthening the punishment for threatening to commit mass violence on school property or at
a school-related activity in Tennessee.

Senate Bill 2263, sponsored by Senator Jon Lundberg (R-Bristol) would increase the crime from
a Class A misdemeanor to a Class E felony. The legislation includes an exception for individuals
with an intellectual disability. The bill advances to the Senate floor for final approval. If
approved, the new law would take effect July 1.

Reporting funding for broadband services – It is important for Tennessee to ensure recipients
of taxpayer funds are held accountable for the services promised. That is why Senator Paul
Bailey (R-Sparta) is sponsoring legislation that would require bi-annual reports from broadband
providers that received state or federal grants to provide broadband internet to unserved areas.
The reports must be submitted to the Department of Economic and Community Development
and must include the list of locations that remain unserved and the date on which they plan to
serve these locations. Senate Bill 2907 passed the Senate floor this week and is moving through
committee in the House of Representatives.

Protecting victims of cybercrimes from litigation - Cybersecurity is an increasingly large issue
hurting businesses and consumers. To help protect businesses from class action lawsuits caused
by predatory cybersecurity attacks, Senator Shane Reeves (R-Murfreesboro) is sponsoring
legislation that would ensure businesses that are victims of cyberattacks are not held civilly
liable. Senate Bill 2018 would not cover cases of willful or gross negligence on the part of the
private entity. Senate Bill 2018 passed the Judiciary Committee on Tuesday and now awaits
passage on the Senate floor.

Protecting Tennessee workers – Legislation passed the Senate this week ensuring that workers
are properly compensated for all hours worked. Senate Bill 2017, sponsored by Senator Shane
Reeves (R-Murfreesboro), would require causes of action for all compensation owed to
employees or independent contractors to be brought within three years of accruing the cause of
action. These actions include breach of contract, unjust enrichment, or quantum merit for
unpaid wages for hours worked, overtime, minimum wage, salary, bonuses, commissions, or
other compensation. The three-year timeline brings Tennessee in line with federal standards.
This bill has also passed the House and now awaits the governor’s signature.

Inmate sentencing – Senator Jon Lundberg (R-Bristol) is sponsoring Senate Bill 2044 which
would ensure that an inmate’s actual sentence could not be reduced with good-time credits.
The Tennessee Department of Correction can issue good-time credits for inmates, but the bill
clarifies that these credits can only be used toward release eligibility, not towards reduction of
the actual sentence. The bill advances to the Senate Finance Committee.

Justice for victims of illegal distribution of obscene material – Senator Paul Rose (R-Covington)
advanced legislation to ensure anyone who produces and distributes illegal obscene material
can be held civilly liable for injuries and damages to victims. Individuals and entities who
produce, sell, send, or distribute obscene material are already in violation of state and federal
law. Senate Bill 2041 will further discourage the production and distribution of child
pornography and obscenity in Tennessee. The bill moves to the Senate floor for final approval.

Strengthening sex offender registry – The Tennessee General Assembly is taking active steps to
protect communities from sexual offenders. Senate Bill 2630, sponsored by Mark Pody
(R-Lebanon), aims to do this by extending the period of time that an offender may request for
their names to be taken off of the sexual offender registry from 10 to 15 years. The legislation
passed out of the Senate Judiciary Committee on Tuesday and now moves to the Senate floor
for final consideration.

Holding juvenile delinquents accountable - Senator Paul Bailey (R-Sparta) is sponsoring
legislation aimed at enhancing community safety and preventing juvenile offenders from
accessing firearms. Under current law, juvenile delinquents can purchase firearms upon
reaching 18 years old. Senate Bill 2911, would raise the age limit to 25 for juveniles convicted of
specific crimes to purchase firearms. If approved, this bill would apply if a juvenile over the age
of 14 was convicted of crimes that if committed by an adult would constitute a charge like
criminal homicide and aggravated assault. The legislation passed the Senate Judiciary
Committee on Tuesday and moves to the Senate floor for final consideration.

Monitoring state detention centers – Legislation sponsored by Senator Kerry Roberts
(R-Springfield) aims to provide protections for children in post-adjudication juvenile detention
centers. Senate Bill 2860 would require inspections for the state’s post-adjudication juvenile
detention centers to ensure that these facilities are complying with state laws and regulations.
This bill passed out of the Senate Judiciary Committee and now awaits final passage on the
Senate floor.

Veteran treatment court programs – Tennessee values and supports veterans. Senator Dawn
White (R-Murfreesboro) is sponsoring legislation that would create more support for veterans
by requiring funding for veteran treatment court programs. These programs have helped many
veterans through rehabilitation and mental health struggles they often face. Senate Bill 2677
passed the Senate Judiciary Committee on Tuesday and now moves to the Senate Finance, Ways
and Means Committee.

Ensuring retired law enforcement can carry firearms at all times - Legislation sponsored by
Senator Paul Rose (R-Covington) seeks to enhance public safety by allowing retired officers to
carry firearms at all times. Senate Bill 2797 would expand the definition of law enforcement
officer to include retired officers to ensure these officers can be armed to protect in times of
need. The legislation passed out of the Senate Judiciary Committee on Tuesday and now awaits
passage on the Senate floor.

Increasing penalties for assaulting officers – Legislation sponsored by Senator Dawn White
(R-Murfreesboro) would increase the penalties for assaulting a police officer from a Class A
misdemeanor to a Class E felony. Senate Bill 2062 would also increase the mandatory minimum
sentence from 30 days to 60 days and the fine from $5,000 to $10,000. Senate Bill 2062 passed
the Senate Judiciary Committee on Tuesday and now moves to the Senate Finance, Ways and
Means Committee.

Preventing monitor device tampering – Legislation sponsored by Senator Dawn White
(R-Murfreesboro) aims to prevent monitor device tampering. Senate Bill 2654 would create a
Class B misdemeanor for any person who knowingly tampers with or removes their monitoring
device that has been court mandated to wear the device. This legislation passed the Senate
Judiciary Committee and awaits final approval on the Senate floor.

Enhancing charges for unlawful photography – Senator Dawn White (R-Murfreesboro) is
sponsoring legislation that would enhance the charges for the harmful act of unlawful
photography. Senate Bill 2669 would raise the offense of unlawful photography from a Class A
misdemeanor to a Class E felony. This bill passed out of the Senate Judiciary Committee and
now moves to the Senate Finance, Ways and Means Committee.

Supporting and protecting other states – The Senate Judiciary Committee passed legislation
this week to help support other states in need of assistance. Senate Bill 2624, Senator Ed
Jackson (R-Jackson), would allow Tennessee state or local law enforcement to provide
assistance to other states during an emergency if directed by the executive officer of that law
enforcement agency. The legislation now awaits passage in the Senate Finance, Ways and
Means Committee.

Ensuring public meetings are open – To keep governing bodies accountable, legislation
sponsored by Senator Mark Pody (R-Lebanon) would allow courts to impose fees on a governing
body if the court finds that the governing body knowingly and willfully refuses to comply with
open meeting laws. Senate Bill 1963 passed out of the Senate Judiciary Committee on Tuesday
and now moves to the Senate Finance, Ways and Means Committee.

Increasing penalties for drag racing – Senator Brent Taylor (R-Memphis) is sponsoring Senate
Bill 2710 which would increase the penalty for drag racing from a Class A misdemeanor to a
Class E felony. This change will give law enforcement the option to charge a person with either
drag racing or reckless driving, which is also proposed to change to a Class E felony charge
under other new legislation. The bill passed the Judiciary Committee and advances to the
Senate Finance Committee.

Bills Previously Covered that Passed the Senate Floor:

Senate Bill 757 - sponsored by Haile, would require a local law enforcement agency to
verify a detainee’s citizenship. (Covered Week 11).

Senate Bill 1715 - sponsored by Hensley, would ensure that all schools have a school
resource office (SRO) on campus. (Covered Week 11).

Senate Bill 1723 - sponsored by Lowe, requires each elector or alternate to vote for the
candidate for which they were elected or appointed to represent. (Covered Week 11).

Senate Bill 1801 - sponsored by Johnson, allows victims to sue up to 30 years after they
turn 18 for any injuries or illnesses that occurred as a result of the sexual abuse.
(Covered Week 10).

Senate Bill 1802 - sponsored by Taylor, would permit a neighboring District Attorney to
prosecute certain Shelby County crimes if the Shelby County DA refuses to prosecute.
(Covered Week 11).

Senate Bill 2004 - sponsored by Rose, adds licensed professional counselors, marital and
family therapists and clinical pastoral therapists to the list of medical practitioners in
code. (Covered Week 10).

Senate Bill 2097 - sponsored by Johnson, will safeguard children from harmful content
found on social media platforms. (Covered Week 9).

Senate Bill 2315 - sponsored by Pody, creates a process for financing infrastructure to
facilitate more residential development in cities and counties that desire to use it.
(Covered Week 10).

Senate Bill 2482 - sponsored by Rose, will ensure parents are informed by physicians
about their minor child’s prescription medications and/or suicidal ideation. (Covered
Week 10).

Senate Bill 2627 - sponsored by Massey, will ensure judges are equipped to handle
custody proceedings involving child abuse. (Covered Week 10).

Senate Bill 2636 - sponsored by Rose - will reduce drunk driving in Tennessee by
appointing an advisory task force to review impaired driving. (Covered Week 10).

Senate Bill 2861 - sponsored by Roberts, will prohibit the Department of Corrections
from administering hormone replacement therapy or providing sex reassignment
surgery for inmates with gender dysphoria. (Covered Week 10).
Opinion
The Tollbooth Of Permission And Training
The Tollbooth Of Permission And Training
  • 4/29/2024

The logic of Slim Pickens and Mel Brooks... applied to arming teachers. In the brilliant movie "Blazing Saddles," the political leader (God bless Harvey Korman) installs a tiny tollbooth in ... more

Dumping Fees Are Out Of Control - And Response
  • 4/28/2024

I said dumping fees are out of control, but in fact they are being controlled by Capital Waste Services. Capital Waste owns and, or operates, all the landfills and transfer stations in a 50-mile ... more

Feeling Exposed
Feeling Exposed
  • 4/27/2024

A couple of days ago I saw a post on a local neighborhood app basically saying “Soooo, what does this mean” with a screenshot of the notice below. For those out of town, this week our firefighters ... more