August 25, 2023

Extraordinary Session

The Capitol steps on Thursday, Aug. 24, 2023, in Nashville, Tenn.

PHOTO: Nicole Hester / The Tennessean

This week’s Policy Update contains information about the Special Session dealing with public safety following the Covenant School shooting. Governor Lee called the Special Session to commence on August 21st and limited the scope of bills that could be introduced to address the purpose.

 

There is considerable tension between the House and Senate which has resulted in the Senate only supporting three measures. One bill provides for free trigger locks, the second strengthens human trafficking laws, and the final measure codifies Governor Lee’s April 2023 Executive Order 100 on firearm background checks. The House, however, is interested in passing several additional measures.

 

On Thursday afternoon the Senate adjourned until Monday, August 28 at 4:00 pm CT, while the House worked through a wide range of bills. They ceased their work on about one-half of their calendar late on Thursday and agreed to reconvene next Monday at 2:00 pm CT to complete their work.

 

This TICUA Policy Update will include the scope of the call along with certain bills that are being monitored by TICUA.

 

Text from Governor Lee’s Special Call  

PHOTO: John Partipilo / Tennessee Lookout

Tuesday, August 08, 2023 | 05:31 pm

 

“As our nation faces evolving public safety threats, Tennessee remains vigilant and is taking continued action to protect communities while preserving the constitutional rights of law-abiding citizens,” said Gov. Bill Lee. “In the months leading up to the public safety special session, we have listened to Tennesseans and worked with members of the General Assembly to identify thoughtful, practical measures to strengthen public safety across our state, including steps to support law enforcement, address mental health, prevent violent crime and stop human trafficking. I thank the General Assembly for its continued partnership and look forward to achieving meaningful results for Tennesseans.”

 

Gov. Lee will present legislative and budget priorities during the public safety special session to keep Tennessee communities safe, support law enforcement, and address mental health, all while preserving constitutional rights. In addition to bringing the following solutions in the administration package, the Governor will continue to work with members of the General Assembly on other legislation specified in the call.

 

1.     Codification of EO 100 and Tennessee Bureau of Investigation (TBI) Report Implementation: Requires reporting of accurate, complete, and timely records from court clerks to the TBI within 72 hours and requires electronic submissions of dispositions and expungements to the TBI

 

2.     TennCare Mental Health Coverage Waiver: Directs TennCare to seek a waiver from the federal government to allow federal matching funds for Medicaid to cover services for mental illness and substance use disorders at institutions of mental diseases

 

3.     Addressing Mental Health Workforce Challenges: Budget initiatives that prioritize opportunities to grow and retain mental health professionals in the state

 

4.     Reforms for Mental Health: Expands access to mental health treatment by eliminating certain collaborative practice requirements for Advanced Registered Practice Nurses with psychiatric training

 

5.    Strengthening the Identification of Individuals Arrested for Felonies: Provides for the collection of DNA at the time of an arrest for all felonies

 

6.     Human Trafficking Report: Resolution directing TBI to report on the state of human trafficking in Tennessee

 

7.     Promoting Safe Storage: Eliminates taxes on firearm safes and safety devices, provides free gun locks, expands safe storage training in state-approved safety courses, and creates a public service announcement to promote safe storage.

 

Bills Monitored by TICUA 

HB7043/SB7023 - Adds a provision for conceal and carry permit holders to have weapons on TICUA member campuses which do not have armed security officers.  The proposed bill’s language is as follows: Notwithstanding this section to the contrary, a board or governing entity of a private institution of higher education, whether for-profit or nonprofit, or a chief administrative officer if the institution does not have a board or governing entity, that does not provide armed security, as defined in § 39-17-1309(e)(14), shall not prohibit the institution's employees or contractors from possessing and carrying a handgun on the institution's property.

The bill was taken off-notice in the House Civil Justice Subcommittee and was not considered by the Senate. There is a good possibility that the bill may come back during regular session in January 2024.

 

HB7064/SB7020 - Modifies conceal and carry provisions for public colleges and universities.  As drafted, the bill would allow conceal and carry permit holder to carry anywhere on a public university campus or on a property being used by the public college or university.  TICUA’s concern is that this expansion would include TICUA campuses during athletic events while engaged with a public post-secondary institution or while hosting a public K-12 group or event.

 

The problematic language reads as follows (bolded language added): Persons possessing or carrying a handgun, who are authorized to carry the handgun pursuant to § 39-17-1351, while in any public school building or bus, on any public school campus, grounds, recreation area, athletic field, or any other property owned, operated, or while in use by any public board of education, school, college or university board of trustees, regents, or directors for the administration of any public educational institution.

 

The bill was amended in the House Civil Justice Committee to remove higher education from the bill.  The amended legislation was passed on to the House Education Administration Committee where the bill ultimately failed on a tie vote of nine to nine.  The Senate Education Committee had tabled consideration of the bill earlier in the day.

 

HB7009/SB7052 and HB7035/SB7079 are both student loan forgiveness bills. HB7009 was taken off notice in the House so that HB7035 could move forward.  As drafted, the bill will provide loan forgiveness for future mental health professionals.  Specifically mentioned are psychiatrists, psychologists, and professional counselors.  Individuals could apply during their residency and upon completion must serve in the profession in Tennessee for five years within seven years of an approved application.  Failure to keep the commitment will result in paying off the remaining obligation. The House moved the measure to the floor  on Thursday evening and will take it up next week.  

 

The Senate Education Committee, however, took a different direction.  The Committee convened, took roll, and then tabled consideration for all 21 bills on their calendar - including the bills related to student loan forgiveness.  In all, the Committee met for less than one minute.  Members would have to vote to reconsider their action in order to take up any of the bills on that calendar.

It is expected that many of the bills that were filed but not considered will resurface during the upcoming Second Session of the 113th General Assembly.

Appropriation Bill Includes Higher Ed Safety Grants

HB7070/SB7089 was amended by the House to include $30 million (non-recurring) for higher education safety grants.  The amendment makes it clear that TICUA member campuses will be eligible to apply for the grants.  At this time, the Senate has not considered the amended language but has expressed skepticism about funding measures beyond the bills they have already passed and sent to the House.