Tennessee House of Representatives 112th House Finance, Ways, and Means Committee, 27 Apr 2021

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From YouTube: House Finance Committee- April 27, 2021

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House Finance Committee- April 27, 2021

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I would like to call the finance ways the means committee to order for april 27 2021. Mr clerk, please call the roll.

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Representatives.

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Campbell camper crawford, fazen, freeman, gantz garrett,.

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Gillespie hawk hicks lamar, lamberth lynn, miller, ogle, sexton shaw sparks todd, whitson.

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Williams, wendell zachary vice chairman baum, chairman hazelwood, madam chairman, you have a quorum.

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Thank you, mr clerk, do you have any personal orders or announcements.

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Seeing none, we have 27 bills remaining on the calendar that we began yesterday. We will not be doing any of the bills that just came out of subcommittee immediately. Prior to this, we will only be dealing with the bills that were on the calendar that we left off of yesterday. So if you're here for something that just came out of sub have a good evening, we will start with item 32 from the calendar that is house bill. 73 by chairman hurt.

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We have a motion and a second chairman hurt you're recognized. Thank you, madam chair.

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House bill 73 establishes the k-12 mental health trust fund act, designates trustees to oversee the fund. Those trustees are the state treasurer. As the chair comptroller, the secretary of state, the commissioner of finance allows the trust to invest the funds for the first time in fiscal year. 2122.

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It creates two accounts for the funds to be deposited in. Ninety percent of the investment must go into the endowment account and constitutes the principle of the fund. Ten percent would be placed in the special reserve account. The fund is split. This way to ensure a portion of this fund is liquid for use and distributions.

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The fund is allowed to accept gifts, contributions, requests, etc. The principle of the fund may not be expended for any purpose. The trustees will annually determine how much funding can be allocated for expenditure based on the return, and the funds made available will be used by the department of mental health in consultation with the department of education and must be expended for use with k-12 students.

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You chairman hurt, I do believe we have an amendment and that that amendment might make the bill uh that amendment we show is zero, zero, six, seven, five seven is that what you're showing yes ma'am, so we have questions been called on the amendment all those in favor of amendment zero, zero, six, seven, five, seven, please signify by saying aye any opposed the eyes have it. The amendment is now on the bill and chairman hurt. um I believe you explained the the amendment.

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Is that correct? We have a motion. We've already had a mission. Are there any questions?

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No questions! All right. We are voting on house bill, 73, moving on to calendar and rules, all those in favor, please signify by saying aye any opposed the eyes have it chairman hurt. Thank you. You're.

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Off to calendar and rules, madam chicken now ask a question. You certainly may I think I have house bill number 46 also. Can I knock that out real quick?

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Chairman hurt that's really pushing things. Thank.

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You, madam chair.

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But because you asked so nicely.

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All right item number 46 is house bill, 714 representative hurt, you do have a measure and a second you're recognized on your bill.

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Thank you house, bill 714 addresses when a municipality or a county has or implements a personnel policy that places an employee only for a period of time immediately following an arrest, and when that employee should receive back pay.

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You've heard the explanation that the question has been called any objection sing. None we're voting on house bill, 714, moving on to calendar and rules, all those in favor, please signify by saying aye any opposed. You guys have it and house bill 714 moves on.

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Special thing you have any more favors to ask.

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Thank you, madam chair, and come here. Thank you.

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We'll go back and item 33 on the calendar.

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And item 33 is being presented by chairman hicks.

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Thank you. Thank you.

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Chairlife, chairman chairman hicks, we're going to give you a minute to explain what this bill is.

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Thank you, chair, lady. This is the annual nursing home bed assessment.

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Are there any questions? Question has been called.

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Question has been called any objection, seeing none. We are voting on house bill 556, all those in favor, please signify by saying aye any opposed. You guys have it, and that is really an important bill for both the nurse who comes in for our state budget. So thank you. Chairman hicks item number 34 house bill 555 also by chairman hicks,.

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Thank you chair lady members, house bill 555. This wheel reaches.

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This bill renews the annual allotment of 125 new medicare skilled nursing facility beds through june 30th 2025.. This bill also removes obsolete language about partial relocations of beds and allows three years instead of two years to complete a new c-o-n approved project.

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Question has been called any objection to the question, seeing none we're voting on house bill, 555, moving on to calendar and rules, all those in favor, please signify by saying aye any opposed the eyes have it house bill. 555 moves on the next item on our calendar. Number 35 is house bill, 123 by chairman, howell chairman how long you're recognized we have a motion and we have a second chairman howell. Please say.

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Thank you, madam chair. This is the transportation committee's omnibus bill for specialty license plates.

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Question has been called any objections, seeing none all those in favor of house bill 123, please signify by saying aye. Any opposed guys have it and house bill 123 moves on to calendar and rules. Thank.

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Item number 36 on our calendar house bill 952 um that has been requested to roll to first calendar of 2022. So without objection house bill 952 rolls first calendar 2022. item number 37 is house bill. 90 chairman powers, chairman powers, you're recognized. You have a motion and a second.

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Thank you, madam chair and committee.

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House bill 90 is an administration bill.

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Presently, osm the office of surface mining regulates surface mining in tennessee, we're the only state in the union without a state regulated program in 2018 I sponsored the promising reclamation act directing the governor to pursue the state oversight of surface mining control and reclamation act known as smakra frequently referred to as primacy since that time.

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However, the administration sought informal review of the 2018 act from osm, and the feedback is clear in order for tennessee to receive privacy, osm must determine at their sole discretion that one our program is at least as stringent as federal law and two that the state has the financial capability to administer and operate the program. This bill will do that and with that, madam chair, I renew my motion.

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Question has been called: are there any objections to calling the question seeing none we're voting on house bill 90, all those in favor, please signify by saying aye any opposed guys have it house bill 90 moves on calendar and rules? Thank you. Chairman powell,.

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Thank you. Thank you committee. I have another one.

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You do item number, 38 is house bill 544 also by chairman powers, and we have a motion and a second.

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And we have an amendment: seven one: five, nine traveling.

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The amendment that we have so we have a motion. We have a second on the amendment.

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We have a motion and a second on amendment: zero, zero, seven, one, five, nine all in favor of the amendment, please signify by saying aye any opposed.

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You guys have it. The amendment is attached chairman powers, uh you're recognized on the amendment.

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Thank you house, bill 544 allows a business, that's been on the interstate logo board for 10 years or more and has been bumped to be rolled over to another board with a different title. If there is a vacancy, it will not allow more than two logos to be added onto a board with a different title, and with that, madam chair, I renew my motion.

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All right, you've heard the explanation of the bill as amended. Are there any questions on the bill? Seeing none we're voting on house bill 544, all those in favor, please signify by saying aye any opposed. You guys have it house bill 544 moves forward, calendar and rules. Thank.

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You, madam chair committee,.

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Item number 39 house bill 575 by chairman reagan, chairman reagan, you're recognized. We have a mission and a second.

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Thank you, madam chair. uh I want to make sure you're also showing the amendment 6710 is traveling.

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It's traveling with it.

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Thank you by way of explanation sections one through five of the bill, as amended, is clean up language for a bill. That's uh general assembly has passed already, but essentially what it does is take the six metro health departments and puts them under the authority of the county mayor. It does not change their responsibilities of a health department nor their authority. In certain circumstances, it also puts the definition of quarantine into the tennessee code.

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That definition exists as a rule, but this bill moves it into code, section six, which is the portion for which this bill is known, is known as the uh pass vaccine passport prohibition bill and essentially what it does is say that no state government entity that does to include counties and cities may require that a private business require proof of vaccination against covet 19 as a condition of entering the business or using its services.

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Governor lee is supporting this legislation and, if you like, I can read the the wording from his.

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Thank you, mr chairman and madam chair. Thank you, mr chair, for letting me ask this question, uh mr sponsor, once this bill. Well, first, let me ask you: did you seek input from some of the counties that's going to be affected by this? I'm.

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Sorry say that again did.

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You seek input from the counties, that's going to be affected by this legislation. I.

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Didn't seek it, it came to me.

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It came to you and so did shelby county uh uh have any okay.

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Able to confer with shelby county uh in terms of their reaction to it input on it, or did you.

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I did not get any input from shelby county surprisingly.

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Okay- and you expect this to go into effect in july of this year, this.

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This act will take effect on becoming public law.

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Okay, so right away. Okay, thank you, mr sponsor, for that answer, and so the problem you're trying to solve with this um piece of legislation is to do what. I think I missed that in your explanation. What we're trying to what problem are we trying to solve with this legislation?

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Since I imagine maybe one or two counties came to you and you, including six in the.

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Issue is that this this body, the general assembly, has already passed a piece of legislation concerning the big six as it were. This bill has some cleanup language in it uh that basically takes the six metro health departments and puts them under the authority of the county mayor.

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The responsibilities of those departments are unchanged and only the authority, that is to say they. They must now uh report to the county mayor as an advisory function. The uh part that was not changed is that the county health director still has the duty to enforce regulations of the state health department.

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Camper yeah, thank you ma'am chair and you did not get rid of the uh advisory council.

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You just this bill does not address that. Doesn't.

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Address that okay, thank you, mr sponsor. Thank you, madam chair.

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Chairman zachary.

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Thank you, madam chair question on the bill.

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Is there any objections?

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We had another question or so.

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Question has been called all those in favor of house bill 575, please signify by saying aye any opposed if you'd like to be uh recorded as a no, please see the clerk house bill, 575 has received the majority and it does move forward to calendar and rules. Thank you, chairman reagan. Thank.

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You, madam chair and committee,.

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Next on, our agenda is house bill 773 by leader, lamberth leader, lamberth you're recognized.

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Thank you, madam chairman. You.

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Have a message second,.

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Madam chairman, I believe there is an amendment that will make the bill that is sponsored by another member of this committee and I fully support that amendment.

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uh You're um there are several amendments actually that we need to deal with amendments one through three drafting codes: zero, zero, five, eight, four, o zero, zero, six, nine, nine, eight and drafting goes zero, zero, seven, four one one or withdrawn.

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That brings us to amendment number four drafting code: zero, zero, zero, seven, four, three nine uh by chairman hicks and chairman hicks. You are recognized, so we have a motion on this amendment. Second,.

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In a second chairman, hicks.

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Thank you, chair lady members, house bill 773 will be amended by seven four, three, nine. It does a couple of things. It will rewrite the bill. It will decrease from four point. Five percent to the four point: two five percent: the aviation fuel tax rate also decreases the maximum amount of sales and use tax due from a person's purchase, use, consumption or storage of aviation fuel from 10 000 or 10 million 500 to 8 million 500 in fiscal year, 2122 and 5 million in fiscal year, 22, 23 and subsequent years.

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It also requires the transportation equity trust fund to be reimbursed by the general fund. With that high move passage.

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Members you've heard the explanation: are there questions on the bill or the amendment.

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None we have not yet uh attached. The amendment we've heard the explanation of the amendment. We are voting on attaching amendment zero, zero, seven, four, three, nine all in favor, please signify by saying aye any opposed.

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The amendment is hereby attached. The amendment does make the bill. You've heard the explanation from chairman hicks. Are there questions chairman williams.

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Thank you chairman. Thank you, uh chairman hicks, for this amendment. I I I'm not a huge fan of this process whatsoever, because we we talk a lot about aviation jet fuel and we talk about flowage fees. We talk about a lot of other things, but what this in fact does is it. It cuts the diesel tax, uh but it's, uh but what it does is impugns our our hospitals.

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The reason why I'm supportive of the speaker's amendment here is because what it does, even though we're giving tax credits to business businesses across the state, it actually requires that the general assembly fund, the cost that was lost to the general fund to those general aviation airports. Had we done this a long time ago, we wouldn't be doing non-reoccurring funding every year for infrastructure, infrastructure needs and aviation.

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So uh I know I felt necessary to say why my tenor had changed a little bit regarding this, but it's because we're actually spending the money, we're we're we're taking the money and giving it as a credit to an entity, but we're also restoring it, so it doesn't impugn another for that. Madam speak, uh madame cheerleading, thank you.

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It's late in the day uh later, camper.

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Thank you, madam chair. Thank you, mr sponsor, for the bill and the amendment. I do have a question about the decrease from the 4.5 to 425.

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That's fuel for uh uh all all avionics for fuel that uh reduces for all avionic fuel. Is that correct, so the small airports, the large imports everybody will get their reduction. That.

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Is correct and I think that is one of the high points of the bill: okay,.

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That's a good thing because there was a question earlier with the other amendment, but I think that answered my question too. Thank you, leader, lamberth.

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You're recognized.

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David chairman and two chairman williams points as well. I wanted to highlight that really where we need to be, I mean there's about 50 million dollars in non-recurring funds that are in the budget this year, for our our transportation equity fund, basically we'll just say for the the small airports and large airports alike. That's really about the number we should be.

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I mean we should have about 50 million dollars, recurring funds, we're trying to move some things around here, so that we are funding those airports in a way that continue to support economic development and continue to support that part of the infrastructure of our state. And I and I've fully joined chairman williams in saying the reason we formed this. The way we did is that we are reducing taxes that have gone into that fund and we are saying that here and hopefully forever forward. We will always do that and go beyond would be my hope.

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We can't bind a future legislature, but this sets up also a reporting equal requirement back to both the transportation chairman and our chairman here in finance, so that we can really see how these dollars are being utilized and also how many additional dollars are needed in years down the road to make sure we've got good, safe airports and that that part of our infrastructure is still um robust. So I did just want to highlight.

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I mean, while this changes around some of the structure, the basic structure that came through sub and that you've heard testimony before remains the same, and last thing I will say on this. If we continue to marry these two funds together, where the jet fuel taxes are what's funding the infrastructure for our airports, our airports will lose out in the end, for instance, this year uh the fund only brought in about nine million, and they predict that it it will top out at somewhere around 15 million. That's nowhere near what the needs are.

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So this is a much better method on doing this, instead of just um having that one source of income for the fund and on something that really is part of our infrastructure. I just wonder how that I like that. Thank you, madam chairman.

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Are there any questions comments question has been called on the bill. We are voting on house bill 773 as amended all those in favor, please signify by saying aye any opposed the eyes. Have it house bill, 773 moves on to calendar and.

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Rules item 41 house bill 752 by chairman white chairman white you're recognized. We have a mission and a second you're recognized thank.

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You chair, lady and committee, this bill deals with dual enrollment courses. We currently through our lottery funds. We pay for two dealer courses. A dual enrollment course is a college credit taught by a college, professor, uh a college course, and it's for our high school students we're going to go from two to four. That way.

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When a high school student graduates from high school they'll be well on the way to community college degree and or even in a four year, they can knock out one semester which is going to save them a lot of money them and their family. So through the lottery funds- and this is also it will not start to january 1 2022, because we have agreed in our education committee not to bust the cap on our lottery funds. But this fell within that with a positive recommendation. So with that, I would ask for uh approval.

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Question has been called any objection to the question, seeing none we're voting on house bill 752, all those in favor, please signify by saying aye any opposed guys have it house bill 75, 752, moves on to calendar and rules. Thank.

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White, the next item on our calendar is house bill 965 by chairman bricken, brick and you're recognized.

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We have a motion and a second on the bill, um all things in good time representing the gillespie.

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Rudy represent chairman brick and you're recognized, and I believe we do have an amendment.

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That's drafting code, zero, zero, seven one five two is that the amendment that is correct. All right we are. um Would you like to explain.

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The amendment just makes the effective date october, 1st of 2021.

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All right, you've heard the explanation of the amendment we're voting on drafting code, zero, zero, seven one, five, two, all those in favor, please signify by saying aye any opposed. You guys have it drafting code, zero, zero, seven, one! Five two is attached to the bill uh now, chairman bricken. If you would explain house bill 965 as amended.

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uh This bill is simply just requires the state fire marshal to verify temporary fireworks sellers have a local business license before the fire marshal will issue his permit.

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Representative gillespie has called the question on the bill at the appropriate time. Is there any objection seeing none? We are voting on house bill 965, all those in favor, please signify by saying aye any opposed. You guys have it house bill 965 moves on to calendar and rules. Thank you, chairman bricken,.

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Item number 43 on our calendar is house bill 887 by representative calfi. We have a motion and a second representative calfi you're.

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This lets commercial operators come in that want to rent paddle boards cash canoes, climbing gear or want to teach.

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Did somebody say question on the bill.

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I didn't hear that.

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I thought I.

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All right, we have.

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The question has been called any objection to calling the question seeing no we're voting on house bill 887, all those in favor, please signify by saying aye any opposed.

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You guys have it house bill. 887 moves on to calendar and rules.

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Thank you chair lady and committee.

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The next item on our agenda is house bill. 1140, that's going to be presented by chairman todd.

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We have a motion and a second chairman todd you're recognized. Thank.

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You, madam chair, this bill will raise the compensation rate for the realfoot lake regional utility planning district from a thousand dollars a year to two hundred dollars per month. It is permissive.

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Question has been called any objection to the questions, seeing none we're voting on house bill 1140, all those in favor of house bill 1140, please signify by saying aye any opposed guys have it house bill, 1140 moves on to calendar and rules.

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Next item on our agenda is house bill 720 by representative hakeem. We have a motion and a second representative you're recognized.

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Thank you, madam chair. uh This bill is traveling with an amendment uh amendment 4554.

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That amendment has already been attached representative. So if you'd just like to explain your bill.

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Thank you very much, madam chair. uh This bill authorizes bingo for non-profit annual game events under the division of charitable solicitations and gaming. uh The secretary of state shall promulgate rules.

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To regulate bingo, the rules must include limits on.

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The question has been called yes, ma'am.

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Objections to the question scene: none we're voting on house bill, 720 representative of keynes bill all those in favor, please signify by saying aye any opposed. You guys have it and house bill 720 moves to calendar and rules. Thank.

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You, madam chair members,.

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We've already dealt with item 46. That brings us to item 47 on our calendar house bill 1360 by representative mattis.

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We have a motion and a second representative, manush you're recognized.

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Thank you, madam chair. Thank you. Committee house, bill. 1360, seeks to change the current amount. A county clerk can retain for purposes of mailing new physical license plates and that fee would be from four dollars to five dollars, and that is only on new physical license plates. This bill applies, like I said, uh to new license plates to be mailed rather than picking them up the clerk's office. It really is a convenience fee that will be added.

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The cost of mailing has risen 25 over the past 10 years and in some counties it's costing four dollars and 80 cents to mail out a plate, and the clerk's office loses 80 cents on every plate. They mail out. So I will entertain any questions.

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The question has been called and represented mannis. This is good timing to bring this bill, as we are there's money in the budget this year for new license plates and many people might choose to have those mailed out to them and it could have cost our county clerks a significant amount of money without the spill. So thank you.

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The question has been called all those in favor. Please signify of house bill. 1360, please vote. I any opposed you guys. Have it house bill 13, 16, moves to calendar and rules.

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You representative,.

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Mantis, thank you committee. You also have the next item on our calendar house bill 944. We have a motion and a second you're recognized thank.

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You, madam chair, thank you committee members house, bill 944, seeks to unify the code by deleting tca 8-21-409 and it as it is written. It only applies to two fee-based court systems within knoxville. These two courts are the only ones out of 95 counties to have a different fee structure and 9944 would put these courts in line with the rest of the state. It also would have a positive impact on court fees with these two local courts.

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This piece of legislation was brought to me by the clerk and master of the knox county, chancery court, and also the honorable, charles susano iii, knox county circuit, civil sessions and juvenile court clerk.

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Question has been called any objection to the question, seeing none we're voting on house bill 944, all those in favor, please signify by saying aye any opposed guys have it house bill 944 moves on to calendar and rules. Thank.

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You, madam chair.

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Next on, our calendar is house bill 811 by representative powell, representative powell. You are recognized.

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uh Thank you, madam chair uh house, bill 811 allows for a small 0.025 increase on the fee to be charged on sales of certain items in the portion of davidson county which lie within the tourist development zone in the business development zone. The area defines the downtown tourism zone along broadway.

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Currently, the fee is set at 0.025 percent on sales of certain items, including prepared food, beer and clothing items. uh Currently, the funds collected from this fee go to the convention visitors center corporation and are dedicated to recruiting large events and bring many visitors to our state.

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Expenditures of these funds is approved by board that's appointed by our executive. In the recent uh pre-covered years, annual amount derived from the fee has been a little more than 2.5 million house bill. 811 will take the feet of 0.05 percent, which the cvc will spend by significantly increasing the police presence in the downtown area, as well as dramatically increasing efforts to keep the downtown area clean.

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It's no secret that uh this last year has been a tremendous hardship to uh the city of nashville, given a tornado and a pandemic to our business and also the christmas day bombing. So this will help do some things that we know.

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But I commend you on your perseverance. um Are there any questions or any objection to calling the question seeing none we're voting on house bill 811., all those in favor, please signify by saying aye any opposed.

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Please uh see the clerk if you'd like to be recorded as a now that the eyes are a majority and the house bill. 811 does move on to calendar and rules.

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Thank you chairman.

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Item number 50 house bill 616 by chairman rutter.

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Who's been patiently waiting, and thank you for that. We have a motion and a second.

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Thank you, madam chair lady um house, bill 66 616 revises the conflict of interest provision in the county financial management system act of 81.. It does this by amending the conflict of interest provision so that it only applies to county employees who are actually involved in the purchasing process.

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The amendment is, is traveling.

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Not enough eyes it's going down.

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On six six, we're on the house with six sixteen chairman.

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Six one six right: yes, the.

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The amendment is traveling on 6 16, so um chair, lady rutter has explained her bill. Are there any questions? The question has been called on the bill. Any objections to calling the question seeing none we're voting on house bill 616., all those in favor of house bill 616, please signify by saying aye any opposed.

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You guys have it chair, lady rudder, your bill moves on to calendar and rules. Thank you. Thank you for joining us this evening.

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I think I have.

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And you do have the next. I.

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Bill 622 and is there motion the second and there is an amendment on this bill drafting code code007240. Do I have a motion on the amendment? Second.

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Thank you and um chair lady rudder. If you would explain the amendment.

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Just simply states that there will be no proxies allowed or no electronic meetings.

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All right you have heard uh the amendment described. Are there questions on the amendment, seeing none we're voting on drafting code 7240 all in favor, please signify by saying aye any opposed. You guys have it. Drafting code is attached and now we're on house bill 622 as amended uh charlie writer. If you could share with us what the bill.

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Does overall, yes, ma'am? Yes, thank you so much. This legislation is being brought by the uh tennessee association of human resource agencies in response to the comptroller's 2020 audit. This legislation attempts to create some uniformity while allowing the local government leaders to tailor their boards and programs to serve those in need in their community.

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You've heard the explanation are the questions for the sponsor question has been called any objection to question, seeing none. We are voting on house bill 622 as amended all in favor, please signify by saying aye any opposed eyes have it.

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Thank you, chair.

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Lady writer, thank you chair, lady hazelwood and committee.

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Item number 52 is house bill 772 by um chairman russell chairman russell you're, recognized.

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We do have a mission and a second.

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Thank you, madam chairman and committee house, bill.

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772 with amendment zero, zero, four three four seven simply would make volunteer fire fighters who successfully complete an annual in-service training course eligible for a six hundred dollar payment.

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And that amendment is traveling with the bill you've heard the explanation: um are there questions of the sponsor, seeing none we're voting on house bill? Oh I'm sorry, leader, lamberth.

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Chairman, I know we're going at a rapid pace and you're doing a fantastic job of leading us all toward the finish line here. I did want to just highlight for members if there's a bill, if you've got volunteer, fire departments in your district um representative russell has has really fought hard for the for their volunteer firefighters. For years he had a bill on this subject and the governor's office stepped up and provided about five million dollars in funding for training for volunteer firefighters.

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So if you want to help your volunteer firefighters, I would encourage you to vote for this bill and, if you wanted to sign on to it, I know he and I would both certainly appreciate your support, and I know you volunteer. Firefighters would because it's something they've asked for for years, it's about a 600 stipend for their training. Thank you, madam chairman.

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Thank you later lambert, it is. um I know I have a lot of volunteer firemen in my district, as I'm sure most of us do, and this will make a difference. It'll help them just be more prepared and more qualified and help them make a bigger difference in their community and hopefully do it in a safe way. So we are now voting on house bill 772, all those in favor, please signify by saying aye any opposed the eyes. Have it house bill, 772 moves on to calendar and rules.

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Number 53 on our calendar house bill 171 by representative sparks yep. Thank.

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You church you're recognized members. um We have a high turnover rate in our corrections and even with our state tdoc.

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This bill uh is brought to you to us from our.

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County sheriff's department and our tennessee sheriff association, as well as my chief deputy chris fly.

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And it basically allows them uh to enter.

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Into the early retirement option at 25 year- and it is permissive to our local uh governments.

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And represent sparks, we do have a an amendment on this bill. Drafting code: zero, zero, four three, three five: is that what you're, showing.

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If you would, is there a motion on the amendment, a motion in a second on the amendment? If you would please uh let us know what that amendment does.

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Yeah um deletes replaces all the language after the enacting clause, such as the only substance change that this is to authorize local governments participating in the tcrs.

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And to adopt mandatory age of retirement for correctional officers.

C

Question has been called on the amendment we're voting on amendment zero, zero, four, three, three: five, all those in favor, please signify by saying aye.

J

C

Guys have it, the amendment is attached to the bill, and now you have heard the description of the bill from the sponsor. Are there further questions seeing none we're voting on house bill 171 as amended all in favor, please signify by saying aye aye any opposed eyes. Have it house bill 171 moves on to calendar and rules? Thank.

A

C

The next item on our agenda is hjr 98 by representative towns.

C

We have a mission and a second representative towns, you're recognized. Thank.

J

You, madam chair and members, remember, is what this uh resolution does simply is a resolution that deals with uh making sure that we have a constitutional amendment that deals with eliminating the concept of slavery in our constitution, and this really stays under no circumstances is anybody in the state considered to be a slave and it'll be a constitutional amendment and in essence, that's what it really does with that explanation, I renew my motion.

C

We have um we have some questions, I believe uh chairman williams. I saw your hand first.

D

um Thank you, uh representative. Townsend. I fully support your idea uh here. I think it's important that we uh make it clear uh what the constitution is. I guess the question that I had for you is is: are you at all concerned uh that if we were to do this, it would require us to provide a job to every incarcerated.

D

Person in our county in city, jails,.

J

Well, obviously, not you know, that's not the intent. Obviously, and certainly you shouldn't, if you don't work, obviously there's no remuneration of money that someone should get paid for something they don't do, but no that's not the intent that has no bearing on what we're attempting to do not at all. I think, uh over a period of time. I've heard some of that nature, but that's not what we're attempting to do. It's simply straightforward that human beings are not considered to be anything but human beings, and we want to spell it out.

J

It unfortunately, has been left in our our sacred darkness for a very long time, and it should not be- and this just simply addresses that, but nothing else at all is this. Attempting to address never has been, never has been and never will be. As if I'm doing remember, last year we were on the house floor and the senate was behind the senate, got way behind right, already passed it so this year the senate beat us so we're trying to catch up. But to answer your question: that's not the intent at all.

C

Representative, I mean chairman williams,.

D

Thank you and- and I don't believe, that's your intent either. I I guess the problem is, is that I I don't know what the answer to that is. There are concerns that it could be inferred that that's the case.

D

I recognize that you're up against a a time crunch also, and so because this needs to be read at least before we end, uh and so I'm trying to figure out if there's a way where we could get some kind of ruling as to whether that would technically be an unintended consequence or not, but I don't know how we could do that so I'll leave it up to charlotte. I don't know if legal, I don't think legal can answer that question right now, though, so.

C

um Chairman williams, I think other people had some questions we'll go to those chairman todd.

B

Thank you, madam chair. um I don't have it in front of me here, but I believe we already have a prohibition against slavery in our constitution. Is that not correct.

C

Well represent towns and I'm sorry chairman todd, if you could repeat your question for me: okay,.

B

Certainly, I just said: if I'm not mistaken, and I don't have it with me, but I believe we already have a prohibition against slavery in our state constitution.

C

Represent towns.

J

Well, we do, but under certain circumstances that it doesn't seem to apply okay, and that would mean that if you are incarcerated in the state of tennessee that it does not apply it spells it out that you're considered, as you know, indentured so to speak. So it's not clearly spelled out. No, it's not.

C

Representative todd.

B

I'm sure I moved to defer this to the last calendar of this committee of this year.

C

You've heard the motion: you have an objection, we're voting on moving this to last calendar of this year, all in favor of moving this to the last calendar representatives.

J

Ma'am sheriff you don't mind, I'd hate to go, go through this, but uh I mean I'm gonna have to have to ask you for a roll call on this.

C

C

Let me confer with.

A

C

Represent towns, we're going to take a short break and get clarification on your request for roll call vote.

C

C

C

C

C

Representative towns, I'm going to recognize chairman todd chairman todd.

B

A move to withdraw my motion.

C

Chairman dodd is moved to withdraw his motion. We are on house hjr, 98 and up there's requests for additional conversation. Chairman williams, you're recognized.

D

Thank you, uh chair, lady. It's my understanding. Now, after talking to the bill sponsor, uh if, when I asked him the question, the very first, he had an answer to the question that he inadvertently forgot to share with the with the body, and so I'd like to ask the member again.

D

Are you at all concerned about us having to pay incarcerated and uh citizens of the state with this, and, and I think you had that uh cleared with the attorney general's office, which would have simply answered my question. I think.

C

Represented towns you're recognizing.

J

As I understand, this is not new. This came up a few days ago and our leader uh faison, and we went to the attorney general to figure it out. I was told by him that that is not an issue. I even went before the speaker talked to the speaker about as well. It's not an issue at all, but for the record as well as far as I'm concerned. Obviously, that's not the intent for that to occur, so my uh information is that no, it's not a problem at all.

D

Chairman williams, thank you. uh I think it's important that you and I have served together for quite a period of time.

D

I had a a legitimate question absolutely raised and and the when, when the answer is not uh given directly in the fashion which you just did now, it one could infer that the the the answer was meant to disparage a member, and I don't think that's the case here, and so I I just want to make sure that you, uh you and I are able to clear that up because uh uh because of our discussion, so I appreciate the member and I appreciate what he's trying to do here and, as I said originally, I fully supported.

D

I just had a concern. Thank you.

C

Representative towns and.

J

Concerned well taken. I would never do that yeah. I think you know me for, as you said, for a very long time and the fact of it is things get at the end fast and furious, and we've been around for a long time and it happens that way because there's so many things happening I wanted to address it had in my mind, but I appreciate you circling back around to allow me an opportunity to do just that. I appreciate that very much.

C

The question has been called um without objection: um ribs and shawl. Would you mind withdrawing that and letting representative lynn.

K

Thank you, madam. Madam chairman, I completely um understand you know your reasoning for one and wanting to take um this out of the constitution. If I may, I just want to read the current constitution. Reads that slavery and involuntary servitude, except as punishment for a crime whereof, the party shall have been duly convicted or forever forever prohibited by the state and that's the way the current constitution reads.

K

So I think your point is that people who have been convicted of a crime, even though we pay them, they do enter work programs and and even though we do pay them. The constitution does say that we don't have to pay them, and is that your your point in bringing this representative.

C

J

Ma'am chair, thank you again and thank you for the inquiry as well. Ladies and gentlemen, this has nothing to do with paying people for sitting on their butts at all yeah. All right. I mean everybody on this desk.

J

All of us know that if you don't work, you don't get paid, and certainly, if you're in an incarcerated state, logically who's going to pay you that's that's I mean that's that's far out to me, so no, it doesn't address that. What we're dealing with is simply what we stated earlier, that any human being, regardless of and has said as you read it, that you accept as if you are incarcerated, we're just simply saying that you're still a human being but you're not. This has nothing to do with whether you're getting paid or not.

J

We dealt with it. This bill has been up for three years to get it properly done. We dealt with it where we had a couple of sheriffs to come before over a period of time to talk about the ability of people to still be able to work in in the institution. If I was incarcerated as a prisoner, I would want to work. You know just to learn something and break the monotony and keep out of trouble and all that stuff, but this has this does not address that. None of that has changed.

J

So to answer your question, no.

K

Representative lynn, thank you, madam chairman. The language um in your proposal would state slavery and involuntary servitude are forever prohibited.

K

Nothing in this section shall prohibit an inmate from working when the inmate has been duly convicted of a crime, and I think um you know one of the concerns is that perhaps this could be used by an inmate to sue to force a local jail or a state prison to give them a job.

K

You know we have work programs, but there's not always enough thoughts in those work programs. Unfortunately, I wish there were, but there's not always enough slots, and even though the constitution currently says that they don't have to be paid, we do pay them, they are paid, however, they're not paid minimum wage is. Is there some sort of a desire that, when inmates are working in a work program that they be paid at least minimum wage or is does this?

K

This has no intent um that they be paid at least minimum wage, but they would be paid as they currently are. Representing towns.

J

Ma'am chair, thank you again here again uh the reason that's in there because in the subcommittee about two years ago it came up that we uh did not want uh the emphasis to be that they, you know, did not have to work now. We have a flip side of it. This has nothing to do with them being compensated or working. The intent is definitely not for that to occur for the record again.

J

That is not what we're attempting to do. That is not what we would ever attempt to do. It's simply dealing with the language as it is a human being being considered. As you know, a slave, that's it. Nothing has nothing to do with the work there. I mean they don't have to be paid, we're not gonna the state. Tennessee's, not gonna pay them if they don't work and we know that they don't get uh a minimum wage has nothing to do with that at all.

J

It does not address that at all, and this is the reason we went before and found out from my understanding that we're okay, we don't have that problem. That's that is not a concern for me. I would be the first one to address it if it was because that's not what we're attempting to do. It's not a labor bill, it's not a salary bill. It has nothing to do with that at all.

J

Never has uh come up very shortly.

C

K

Flynn your last question, my last question. I think I I realize that you don't have any intent for that at all.

K

However, once the constitution's changed, it is very permanent and people can sue for anything and might a court ever find that this does put some burden on the state or local government to make sure that any inmate who wants to work has a job, even if there's no work programs available and might someone be able to sue to be paid at least minimum wage, which would be difficult because it would cut down the on the amount of inmates that could enter work programs, and I I just think, that's the concern and we never know if someone might sue or not, and we don't know what a court might ever find.

K

Thank you represent towns.

J

Well, thank you for that as well. The fact of it is, I think we find consensus on this as well that inmates prisoners or people who are run to file a law and, of course they don't have favorite person status. That's not going to happen, and I don't think, and you can we can sue. You know if I call a cup of potato, we can sue and argue with that. That's our society, that's democracy, it's crazy, but that's what we do. Okay, but, logically speaking, people that are on the courts.

J

They're very well trained, they're, smart people like the people in this room, they're brilliant people- and that is something that does not trouble me because on the record, we're stating over and over and over again what it it is that we're addressing.

J

So, I think we're cook we're fine based upon what I've learned from uh some of the leaders that that's not the case. I don't think we have that problem. I would bet uh you know anything. I had that. That's not going to be a challenge for us.

C

Thank you, representative. Townes chairman todd.

B

Thank you, madam chair. So again, we've already established that we already have a prohibition against slavery in our constitution. If you pass this in the next five minutes as a new amendment to the constitution, what changes from what we're doing today versus what we're doing tomorrow.

C

Representative towns.

J

Well now the intent is for it to be considered you or anyone in this state that is run to follow the law and you are having to be incarcerated for a year five years, 15 or 20 years that you are still at that point considered to be a part of the human race and you're, not any less than as a human being any other person, and that's what it simply does. That's the only thing that changes.

J

Nothing else has nothing to do with your work status. There's nothing else to do with uh what what may occur to you in the penal system, nothing at all to do with that. Is this how you consider as a human being? That's it nothing else.

C

Leader lamberth.

I

I just want to thank you, representatives for bringing the bill. I know your intentions here are good and I think several of us thought this was going to be on the next calendar. So that's why there's probably a little more questions in debate today we were waiting on an answer to just make sure that the wording was right, and so I know that's been your goal. All along is to get the wording right and it it basically takes what appears to be one sentence in the constitution and splitting it into two.

I

When you do that, I I think it is your intent and if you can put on the record today, it's not your intent to change any of the legal precedent or any of the cases that are out there or lawsuits that have been filed. It is literally to just make clear once and for all that we are never ever ever going to have any form of slavery and voluntary servitude in this state, um and then I have one quick follow-up question: is that your intention in this bill.

C

Represent towns.

J

Miss leader, thank you. I wish you spoken up early, because that's precisely what it is in the nutshell, nothing more, nothing less. Those are the parentheses. Those are the parameters. That's it that's it. Thank you.

C

Leader lamberth.

I

David and chairman- and I I know it's brought up a couple of times- I will say that as a policy discussion, I think it is a good idea for prisoners, both in jails or prisons, to be able to earn a wage, and there are many programs out there that do that. We've talked around that issue, but it actually is better from a recidivism standpoint to reduce that and so that prisoners can work at a good job while they're in and be paid a reasonable wage for that work.

I

And again, is there anything in this constitutional amendment that would change that process right now, so that prisoners can both work as trustees or work in jobs that actually do pay a certain wage, even if it's below minimum wage sometimes but pay a wage within the incarcerated system.

C

Represent towns.

J

I think that uh I here again, I would concur, and you know you tried to put you you know folks, tell you they had the best wisdom without all these degrees, phds, bs's and ms's. They had the best sense in the world because they had a lot of just what they called mother with good common sense. The fact of it is, is that yes, you're absolutely right if you're incarcerated, I mean I personally would want to go out and work and do something and work the energy off and stay out of trouble plus.

J

What I think has nothing to do with the bill, but I think if you have a lot of people that are involved and in the daily activity making things happen, it's probably easier on the guards to keep trouble down. That's what I really believe, but there again you're absolutely right and thank you, sir.

C

Chairman williams,.

D

Thank you. I was just conversing in a sidebar conversation with my favorite minority leader here, the uh I just want to make sure that one of the discus things we said and- and I think it's important for us to say the record and maybe leader lambert, said inmates, inmates, counties or state are not even though they may receive compensation, are not considered employees in either case entitled, 50 in the state statute or in federal law. I think it's important that we say that and if it's intent, it's truly what and I believe it is.

D

What he's saying uh the confusion is really about. Is this an employee or is this not employee, uh and are we required to employ folks because of this, and- and I think, based on that that that's not the intended sponsor, nor is the intent of this legislation.

D

No, I will say that I was able to look at the language, that's currently in state statute, as it relates to this uh this topic, or this subject matter and the proposed language which this revision would make and all, but it's literally all the same words in a different distribution of, and I guess if you could help me and that's why I was talking to the leader, camper and she's she's, doing a great job telling me. But maybe you could tell me this word re reappropriation.

D

uh What what changes about it in your mind or- and I think that speaks to the intent. So what is the hope to change based upon reconfiguring the words? Does that make sense.

A

Well, represent.

C

J

Good, thank you ma'am again, ma'am cheerleading. Well, uh when you say reappropriation, these are words that, uh hopefully, don't have us confused, but, as I shared just a moment ago, what it does it, I think in my mind, it would be how we mentally psychologically look at human beings that are in the system. We, we are looking at people that they're just simply human beings.

J

It's you know not three fifths, not slaves, not just another, even though they're incarcerated they've done some bad things. Okay, but they're still human beings, and this simply clears that up. You know it has nothing to do again with them going to work what they're paid? No, it's not the bill, that's dealing with their employment or what you're paying per hour per minute. What have you nothing? I'm not interested in that at all.

J

That's not my concern.

D

Thank you and I believe that to be your intent and I just think, and as leader lambert said, we should say I love you, man, I'm not messing with you. I just want to understand it better. I'm.

J

C

Representative towns.

J

He's the second member this week, who's told me he loved me and I'm gonna tell you, like I told the last one put me in your will and prove it.

C

That's making a big assumption that you're going to outlive these folks.

J

I can't live for it.

C

The question has been called any objection to the question, seeing none. We are voting on hjr 98, moving on to calendar and rules, all those in favor, please signify by saying aye aye any opposed if you'd like to be recorded as a no, please see the clerk.

J

Mr chairman members, thank you for the spirit of debate. I appreciate it.

C

Thank you, representative townsend. I just for the record. I appreciate what you have done here. I think it just clarifies something that we would all have thought was already handled in the constitution, because no one in tennessee would condone slavery in any shape, form or fashion. So thank you.

E

Okay, item number 55 on the calendar is house bill 1396 by chair, lady hazelwood. You got a motion and a second chair, lady hazelwood. You are recognized on the bill.

C

Thank you, mr chairman. This just simply ends the best college savings program that permitted tuition units to be purchased under tuition contract.

E

Questions been called any objections. If not, we are voting on house bill 1396 to send it to calendar and rules all in favor, say aye opposed eyes. Have it 1396 moves to calendar and rules? Thank.

C

You, mr chairman, and thank you chairman, crawford.

E

And item number 56 on the calendar is house bill 181. Also by chair lady hazelwood. You have a motion and a second you're recognized on the bill.

C

This is indeed a great bill. It brings 1.7 billion dollars into our tenncare program. It's a hospital assessment bill.

E

Any discussion, if not we're voting on house bill, 181 to send it to calendar and rules all in favor, say aye opposed no eyes have it house bill. 181 moves to calendar and rules. Item number 57 on the calendar is house bill 496 by chair lady hazelwood. This one. We have a motion in a second. This one does have an amendment.

E

It's drafting code, 6732 chair, lady hazelwood, you've got a motion and a second on the amendment.

C

And the amendment does make the bill.

E

You have a you, have a motion and a second on the amendment.

E

Okay, question's been called on the amendment, we're voting on adding amendment 6732 on the bill, all in favor say aye opposed eyes. Have it house uh amendment 6732 is added to the bill. Cheerleading hazelwood. You have any additional comments about the bill.

C

This just makes permanent the removal of the cap on the state shares sales, state, shared sales, tax revenue uh for premier type tourist resort, municipalities. I'm sorry, my tongue is twisted. This only impacts, pigeon, forge and gatlinburg, and this proposal would divert the funds above the cap to 25, to the state 25 to the municipalities and 50 to severe county for educational purposes.

E

You've heard the explanation, any questions questions been called we're voting on sending house bill, 496 to calendar and rules, all in favor, say: aye oppose no eyes have it house bill, 496, moves on to calendar and rules, and the last item on our calendar is item number 63. It's house bill, 598.

E

We have a motion and a second chair, lady hazel. Would we have a an amendment on this? It's drafting code 5871. We have a motion and a second on the amendment. Would you like to tell us about the amendment.

C

uh And the amendment does make the bill. This is just establishes um a child care task force. I think, we've all. um We were probably aware of the issues with finding quality and affordable and accessible child care in tennessee prior to the pandemic, but the pandemic really exposed the need for that to even greater extent.

C

This task force would be charged with holistically looking at at that issue and developing a street a strategic plan, and it would it's a one-year task force they would be in and out and have a plan for us that we would improve child care and both the quality and the accessibility and affordability.

E

Questions been called on the amendment. We are voting to add amendment 5871 to house bill 598, all in favor, say aye oppose eyes have it. The amendment has been added to the bill. Chair lady hazelwood question's been called on the bill, we're voting on sending house bill 598 to calendar and rules, all in favor, say aye opposed eyes. Have it house bill 598 goes to calendar and rules.

C

C

That does complete today's calendar. Do we have any further business come to come before the.

C

C

I see no further business, we.

C

Chairman hicks will maybe address your question.

F

Members, we will be meeting finance ways and means subcommittee in the morning at 8, 30 and following subcommittee, finance full will then meet so we've meet at 8, 30 finance, full of finance subcommittee. Thank you.

C

With that, we stand in recess until finance following finance.

C

C

C