Notable Tennessee Laws In Effect This Month

Requiring carbon monoxide detectors in daycares - To ensure the safety of children in childcare facilities across Tennessee, lawmakers passed a law that requires childcare facilities to have carbon monoxide detectors installed in every room. The law follows an incident at a childcare facility that resulted in the building being evacuated due to high carbon monoxide levels. The facility did not have carbon monoxide detectors and many children were exposed to dangerous levels of carbon monoxide. The law will help prevent similar incidents in the future and ensure children do not suffer the long-term effects of carbon monoxide poisoning.

Back the Blue Act (repeat from ‘Public Safety’) - A new law increases the penalties for assaulting a police officer from a Class A misdemeanor to a Class E felony. The law also increases the mandatory minimum sentence from 30 days to 60 days and the fine from $5,000 to $10,000.

Warrantless drone use by law enforcement – Legislators passed a law that allows law enforcement to continue using drones for searches and evidence collection in cases of natural disaster emergencies, criminal investigations and for certain security purposes without needing court approval. In 2021 lawmakers passed legislation that expanded warrantless use of drones by law enforcement until July 1, 2024. This new law makes that expansion permanent.The Atmosphere Protection Act - The General Assembly passed legislation this year that will protect Tennessee’s atmosphere from the federal government’s efforts to conduct geoengineering experiments. These experiments intentionally disperse chemicals into the atmosphere and the risk to the public health and welfare is unknown. Specifically, the legislation prohibits the intentional injection, release or dispersion by any means of chemicals, chemical compounds, substances or apparatus within the borders of this state into the atmosphere with the purpose of affecting temperature, weather or the intensity of the sunlight. The prohibition of these practices will help protect all Tennesseans. Safeguarding homeowners - A new law helps shield homeowners from the threat of foreclosure by Homeowners Associations (HOAs). Under the new law, HOA’s will not be permitted to foreclose on a resident’s home for their failure to pay fees associated with nonessential amenities. This measure ensures that homeowners are protected from disproportionate consequences for financial challenges related to optional community features. Protecting property owners from squatters (Repeat from Public Safety) - Tennessee lawmakers passed legislation in 2024 to protect Tennessee homeowners from squatters by establishing a clear and expedited removal process. Squatting is the illegal practice of occupying a property without the owner’s lawful permission. The new legislation removes the burden from legitimate property owners by establishing a clear process for law enforcement to restore possession, which can expedite the removal of illegal occupants to as little as 72 hours. The legislation also clarifies that the sheriff may arrest the trespassers.

Under previous law, it could take up to two years to remove an illegal squatter and cost a property owner thousands of dollars in legal fees, lost revenue, and property repairs. Although squatters have no rights in Tennessee, under previous law a property owner had to initiate a judicial eviction of the squatters.Expediting Construction Timelines - Lawmakers passed a law that expedites construction timelines for Tennessean homeowners. The law mandates fire marshals to conduct inspections within 10 business days of receiving inspection requests. Offsetting costs for county jails - A new law reimburses county jails for the costs of providing HIV medications for inmates. Under the new law, the state Department of Correction is required to pay for HIV medications for inmates committed to a county jail or workhouse who previously received prescription medication to treat HIV or AIDS through a state department, agency, or program, such as TennCare. These medications can run up to $7,000 per month for each affected inmate, which can have a severe impact on budgets for county jails. Certified engineers - A new law will allow more qualified professionals to become certified engineers to be placed in the high-demand work field. The law allows graduates of unaccredited engineering technology programs to become a certified engineer if certain requirements are met. Increasing workforce participation - This session, legislators passed a law that enables individuals with specific criminal offenses on their record to secure employment opportunities. The law allows licensing authorities to evaluate candidates' criminal histories on a case-by-case basis when determining approval or denial of certain occupational licenses. Safeguarding Tennessee against digital currency - To protect Tennesseans against the risks of a centralized digital currency, lawmakers passed legislation that prevents a centralized digital bank from incorporating a deposit account. Lawmakers also passed a law that will exclude the term “money” from the definition of “central bank digital currency.” Medication-assisted treatment - A new law increases the number of patients a mid-level physician can treat with Buprenorphine from 50 to 100 patients. Buprenorphine is used in medication-assisted treatment for opioid addiction. DUI enhancements (Repeat from Public Safety) - Lawmakers passed legislation that increases penalties for intoxicated drivers. The law increases the jail time requirement for drunk drivers from two days to seven days if their blood alcohol content (BCA) is equal to or higher than .15. Increasing access to life-changing testing for children with rare disorders - A new law allows TennCare to cover medical expenses for genetic testing to identify treatments for children with rare diseases. According to the National Organization for Rare Disorders, over 7,000 such conditions exist, predominantly affecting children, with 80% stemming from genetic origins. The law offers hope to families by easing the financial burdens of identifying and treating a rare disease. It would allow parents to access testing that could streamline the diagnosis process and potentially save a child's life. Preventing DUI homicide recidivism - Ledford’s Law was passed this year to reduce the chances that offenders in DUI homicide cases will reoffend and jeopardize the lives of others on the road. The law is named after Dustin Ledford who was killed by an intoxicated driver in 2011. The offender was paroled and subsequently reoffended, almost taking another life. Under the new law, offenders on parole are now required to undergo substance abuse treatment or behavioral counseling. Ben Kredich Act - Under a new law, first responders who administer an opioid antagonist such as Narcan to an individual experiencing a drug overdose may provide information on the risk of driving within a 24-hour period. The law is named after Ben Kredich who tragically lost his life after being struck by a driver who fell asleep at the wheel after being administered Narcan in a hospital earlier that day. The driver was unaware that the drugs causing the overdose would remain in his system for at least 24 hours, even after the Narcan was administered. The law aims to clarify that patients who have been treated for a drug overdose with Narcan could still be impaired and charged with driving under the influence, as drugs would still be present in their system. Expanding Mental Health Coverage - Legislation passed this year which expands health coverage for those in need of mental health services. It requires TennCare to cover mental health services at the same coverage rate for alcoholism and drug dependent patients. Smart Heart Act (repeat from School Safety) - To improve safety for Tennessee athletes and educate coaches of health and safety problems that could occur during cardiovascular activity lawmakers passed the Smart Heart Act this year. The new measure expands upon previous law and requires high schools to provide automated external defibrillators (AED) accessible to students during school hours and within 1,000 feet of any athletic student activity. It also adds that the existing program must include training in cardiopulmonary resuscitation (CPR), first aid, and the use of an automated external defibrillator (AED) for all participants. This new law will help keep more students safe and all students and coaches informed. Previous law only required coaches and athletes to be educated on cardiac arrest symptoms.