Representative David Byrd; District 71 Capitol Hill Update

Republicans increase transparency, oversight of refugee and unaccompanied minor resettlements in Tennessee - The House chamber advanced and approved a series of bills this week that will bring more transparency and oversight to refugee and unaccompanied minor resettlements in Tennessee.

House Bill 2868 requires the Tennessee Office for Refugees to submit at least a quarterly report to the department of finance and administration regarding refugee resettlement services statewide. The Tennessee Office for Refugees is a department of Catholic Charities, Diocese of Nashville, which is designated and funded by the federal Office of Refugee Resettlement (ORR) to administer the state refugee resettlement program. There were 348 new refugee arrivals in Tennessee during the last fiscal year – a 55 percent increase from the previous year, according to reports from the Tennessee Office for Refugees. There were 72 refugees that arrived in the state between October and December 2021. House Bill 2868 was approved by the House chamber on Monday. A companion version of the bill is making its way through the Senate.

A separate piece of legislation, House Bill 2711, contains reporting requirements to ensure that the Tennessee Department of Children’s Services is aware of any unaccompanied migrant children who are being brought into the state by the federal government. The legislation also limits the number of minors who can be housed in a nontraditional child care agency (NCCA) dormitory and creates a cause of action for a child who may have been subject to abuse at an NCCA facility.

Another House Bill 2712, puts into place additional safeguards of reporting requirements for residential child care agencies (RCCA). is legislation resulting from a joint study commission on refugee resettlement issues. Once signed into law, House Bill 2712 will require to disclose all contracts in agreement with third parties to provide care, housing and placement for children in Tennessee in order to receive a new license or license renewal. Additionally, it requires the Department of Children’s Services to revoke the license of a facility that provides residential child care if more than two employees or 3 percent of employees have been charged with criminal offenses related to their job. It also requires an annual report showing the reasons for transfers of children. Lastly, the legislation requires the child care facility to report the names of children who have escaped or disappeared. House Bill 2712 now heads to the governor’s desk.

Education funding proposal advances to Government Operations Committee - Gov. Bill Lee’s new education funding plan, the Tennessee Investment in Student Achievement (TISA), advanced out of the House Education Administration Committee on Wednesday. Discussions will continue next week when the proposal, House Bill 2143, is heard in the House Government Operations Committee on April 11.

House Bill 2143 replaces the current Basic Education Program (BEP) and establishes the TISA as a new funding model for Tennessee public schools. It aims to prioritize the individual needs of students rather than relying on ratio components and district averages. The plan puts direct focus on students with disabilities, students in rural and urban areas and low-income families. Beginning in the 2023-24 school year, the TISA would invest an estimated $9 billion in education funding for the state, including state and local funds, which would include an additional recurring state investment of $1 billion.

The TISA is a four-tiered funding formula made of the following components: Base funding: Schools will receive a base dollar amount of $6,860 per student.

Weights: In addition to $6,860, TISA will provide extra funds based on student need. Urban and rural students will see increased benefits under the formula. The weights act as a multiplier and include:

• Economically disadvantaged (25%) and concentration of poverty (5%)

• Public charter schools (4%)

• Sparse districts (5%) and small districts (5%)

• Unique learning needs—special education/gifted, English learners, and dyslexia (15%-150%)

Direct funding: This is intended to provide additional dollars for high impact programs such as K-3 literacy efforts, 4th grade tutoring, Career and Technical Education (CTE) courses and standardized tests for college admissions such as the American College Test (ACT).

Outcomes: Additional dollars will be allocated as an incentive for producing strong student outcomes.

The TISA proposes to provide additional funding based on student achievement outcomes and fast-growing districts (2 percent student growth compared to the previous year) which would be reviewed and calculated annually. Fiscal capacity will be calculated at the county level. No districts will need to raise local taxes in order to keep up with state increases.

Heart to Heart Act encourages AED training for school bus drivers - The House chamber on Monday voted unanimously to expand automated external defibrillator (AED) training for Tennessee school system employees.

House Bill 2530, also known as the Heart to Heart Act, encourages schools to offer automated external defibrillator (AED) training to school bus drivers. An AED is a medical device that is designed to deliver an electric shock to victims of ventricular fibrillation to restore the heart rhythm to normal. Existing state law already requires all schools in Tennessee to have a least one AED within the school and provide training on how to use the device. The Senate chamber is expected to vote on a companion version of the bill on April 11.

Criminal Justice Committee discusses hemp-based cannabinoids - Members of the House Criminal Justice Committee held a hearing this week regarding hemp-based cannabinoids in Tennessee. Among those who testified during the more than two-hour hearing included officials from the public safety and business communities.

Delta-8 is a psychoactive substance found in the cannabis sativa plant, of which marijuana and hemp are two varieties, according to the U.S. Food and Drug Administration. “While Delta-8 and Delta-10 are federally legal, Delta-9 is not”, said Jesse West, an attorney who represents the Tennessee Growers Coalition. Nationwide, 15 states have restricted or banned Delta-8 and other hemp-derived cannabinoids – mostly due to the industry’s failure to regulate.

The Tennessee Growers Coalition estimates that there are approximately 8,000 retail stores that sell Delta 8 and other hemp-derived THC products across the state.

Every year, there are approximately 2,500 vehicle crashes in Tennessee that involve some type of drug impairment. Since 2017, there have been 545 traffic fatalities statewide involving marijuana, according to information provided by the Tennessee Department of Safety. There were 1,311 traffic fatalities that involved alcohol during the same time. The TBI’s crime lab has received 13,381 samples of plant material to test from law enforcement within the last two years. Of that, about 87 percent was found to be marijuana while the remaining samples were consistent with being hemp.

The House Criminal Justice Committee is expected to revisits pending legislation dealing with cannabis on Wednesday, April 13.

Republicans loosen hospital visitation restrictions during COVID-19 - The Tennessee House of Representatives unanimously approved legislation Thursday that expands who can visit a hospital patient during a time when COVID-19 is a health concern.

House Bill 2665 requires that hospitals allow a patient to have at least one representative as a visitor as long as the individual agrees to follow safety protocols established by the facility. The legislation does not apply to areas of a hospital that necessitate higher levels of safety protocols such as intensive care units. State law already requires at least one family member to be allowed in a hospital with a patient during a period in which a disaster, emergency, or public health emergency for COVID-19 has been declared. House Bill 2665 removes the requirement of a negative COVID-19 test and lack of symptoms, and replaces it with the requirement that the family member or patient representative agrees to follow all safety protocols established by the hospital.

A companion version of the bill is still making its way through the Senate.

Republicans improve voter integrity laws - The Tennessee General Assembly this week gave final approval to legislation that prohibits non-U.S. citizens from participating in federal, state, or local elections in Tennessee. The House of Representatives passed House Bill 2128 in March and the Senate companion version passed this week.

House Bill 2128 ensures that no local government entity grants voting rights to any individual who is not a United States citizen for an election. The bill also gives additional tools to the coordinator of elections to identify non-U.S. citizens on the voter rolls as well as Tennesseans who’ve moved to another state. This bill authorizes the coordinator of elections to compare the statewide voter registration database with those of other relevant state agencies and county records.

The General Assembly votes to balance power of government agencies in courts - Legislation directing courts to no longer give deference to administrative agencies over citizens and businesses now heads to Gov. Bill Lee’s desk for his signature. House Bill 1749, sponsored by State Rep. John Ragan, R-Oak Ridge, directs courts to take up cases that involve the interpretation of administrative rules “de novo.”

This means a court will have to decide these cases without reference to any legal conclusion or assumption made by a previous court. The bill directly addresses a landmark United States Supreme Court decision which established the Chevron Doctrine in 1984. This ruling gave deference to administrative agencies in the interpretation of their own rule. Supporters of the legislation argue that the Chevron Doctrine unfairly gave preference to administrative agencies over businesses and citizens. The legislation aims to recalibrate the scales of justice by prohibiting the courts presiding over a contested case hearing or appeal from relying solely on an agency’s interpretation of a statute or rule. It specifies that such entities must interpret the meaning of the statute or rule de novo.

Law gives schools flexibility for two days of remote learning - The General Assembly this week passed legislation giving Tennessee public schools the option to offer remote class instruction in the event of extreme weather or outbreaks of illnesses on a school-by-school basis. House Bill 1912 gives local school districts the flexibility to provide up to two days of remote instruction of the required 180 days per school year. If the bill becomes law, districts could utilize the rule to allow individual classes or schools to learn remotely rather than shutting down an entire district. The bill now heads to the governor’s desk for his approval.

Bill creates grant program for adult changing tables - The House of Representatives has passed a resolution encouraging the Tennessee Department of Environment and Conservation to install at least one universal adult-sized changing table in each of Tennessee’s 56 state parks. If installed, the adult changing tables should have appropriate signage directing the public to the location and should be maintained and cleaned with the same regularity as other restrooms on the park’s premises. House Joint Resolution 755 is expected to be considered by the Senate chamber in the coming weeks.

The resolution’s sponsor, State Rep. Clay Doggett, R-Pulaski, has also proposed a bill that would establish a one-time $500,000 grant program through the Department of Intellectual and Developmental Disabilities for the installation of adult changing tables. House Bill 905 would provide $5,000 for powered, height adjustable adult-sized changing tables in a single-occupancy bathroom in privately and municipally owned buildings that are open to the public across the state. House Bill 905 now sits behind the budget.

Two anti-littering bills get final approval from the General Assembly - The House chamber on Thursday unanimously approved two bills aimed at combatting litter in Tennessee.

House Bill 2194 seeks to inspire communities to act to reduce litter on local roads, shorelines and in waterways. It expands the state’s Litter Grant Program to nonprofit organizations, law enforcement and local governments to participate in litter clean-up campaigns. It creates an avenue for nonprofit groups and their volunteers to raise money for their mission. House Bill 2194 expands the current program to include waterways and shorelines.

Roadside litter is a huge burden to the state financially and ecologically, costing taxpayers approximately $15 million each year, according to the Tennessee Department of Transportation (TDOT). House Bill 2194 authorizes TDOT to award the grants from funds already generated by the tax on beer and bottled soft drinks.

A second piece of legislation, House Bill 2424, increases the penalty for mitigated criminal littering from a Class C misdemeanor punishable by a $50 fine to a Class B misdemeanor punishable by a $500 fine. The legislation was approved by the Senate chamber last month. Both bills now head to Gov. Bill Lee’s desk to be signed into law.

TNECD announces communities selected for Tennessee Downtowns program - The Tennessee Department of Economic and Community Development on Wednesday announced that 10 Tennessee communities have been selected to participate in the eighth round of the Tennessee Downtowns program.

The communities selected are Alexandria, Copperhill, Cumberland Gap, Decherd, Loretto, Newbern, Oneida, Rossville, Tellico Plains and Waverly. The Tennessee Downtowns program helps local communities revitalize traditional commercial districts, enhance community livability, spur job creation and maintain the historic character of downtown districts. The two-year program coaches selected communities through the steps of launching effective renewal efforts. Tennessee Downtowns includes community training in the Main Street America program and a $15,000 grant approved by the General Assembly for a downtown improvement project. Since its inception in 2010, 66 communities have participated in the Tennessee Downtowns program.

The 10 newly selected communities all have downtown commercial districts established at least 50 years ago and have demonstrated their readiness to organize efforts for downtown revitalization according to Main Street America principles. The selection process was based on historic commercial resources, economic and physical need, demonstrated local effort, overall presentation and probability of success. Each application was supported by the community’s senator and representatives in the Tennessee General Assembly.

Joe Clyde Daniels Act - The House of Representatives unanimously approved legislation Thursday that makes it more difficult for a convicted murderer to be granted parole if they do not reveal the location of their victim’s remains. House Bill 2306, also known as the Joe Clyde Daniels Act, requires the board of parole to consider the extent to which an offender “obstructed or continue to obstruct” the ability of law enforcement to recover the remains of their victim in homicide cases. The legislation was prompted by the 2018 disappearance of 5-year-old Joe Clyde Daniels from his home in Dickson. His father, Joseph Daniels, was convicted of murder in June. However, the child’s remains still have not been found. A companion version of the bill is expected to be voted on by the Senate chamber next week.

Recruiting truck drivers - House Republicans this week approved legislation to help alleviate the national supply chain crisis by attracting more truck drivers to the industry. House Bill 2146 removes certain barriers for qualified candidates to obtain a commercial driver license (CDL). The legislation will allow for faster scheduling of commercial driving skills tests and expands options for approved third-party partners to conduct the tests on behalf of the Tennessee Department of Safety and Homeland Security. The age of eligibility for a Class A or B license would also be lowered from 21 to 18 years when the applicant operates a commercial vehicle solely within Tennessee and meets other certain conditions. Additionally, the legislation authorizes the Tennessee Department of Correction and the Department of Safety to jointly create a CDL training program for offenders who may be suitable for careers in the transportation industry once released from prison. A companion version of the legislation is making its way through Senate committees.

Legislation provides training to identify human trafficking - Legislation aimed at preventing human trafficking now heads to the governor’s desk after gaining final approval from the General Assembly this week. House Bill 2113 requires the Department of Correction, Department of Mental Health and Substance Abuse Services, and the Department of Human Services to provide mandatory training on the identification, intervention, prevention and treatment of human trafficking victims. The training must be selected by the Human Trafficking Advisory Council and administered annually starting in 2023. A child is bought or sold for sex every two minutes in the United States. Thirteen is the average age a child is sold.

Recognizing military service for retirement credit / state employees – To honor the service and sacrifice of military veterans, the House Finance, Ways, and Means Subcommittee advanced a bill that expands retirement benefits for state employees who served in armed conflicts. At present, the state allows military veterans who served prior to 1975 to receive time served in the military credited to the Tennessee Consolidated Retirement System (TCRS) for up to four years at no cost to the employee. House Bill 1852, sponsored by State Rep. Clark Boyd, R-Lebanon, adds to the current law by allowing those who served in armed conflicts after 1975 to purchase up to four years of service credit in TCRS. Each year of service credited to TCRS would cost 9 percent of their current annual pay. The bill is expected to be heard by the House Finance, Ways and Means Committee on April 12.