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Description
Finance, Ways, and Means Committee of Extraordinary Session III- October 28, 2021- House Hearing Room I
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C
Thank
you
chairman.
I
have
some
wonderful,
dear
friends
in
the
audience
that
have
stuck
with
us
for
a
couple
of
days,
kathy
chris
and
charlotte.
Will
you
wave-
and
I
can't
let
an
opportunity
go
by
to
introduce
and
remind
you
that
scott
golden
is
here.
Our
tennessee
republican
party
chairman
welcome.
B
B
B
D
Very
good
house
bill
9071
is
relative
to
district
attorney
generals
in
tennessee.
So
let
me
give
you
a
brief
description
here
and
I'm
going
to
read
some
of
this
directly
from
the
language.
If
a
district
attorney
general
perimeterally
and
categorically
refuses
to
prosecute
all
instances
of
a
criminal
offense
without
regards
without
regard
to
facts
or
circumstances,
then,
under
this
bill,
the
attorney
general
and
reporter
would
be
able
to
petition
the
court
for
appointment
of
a
district
attorney
general
pro
tem
currently
currently
in
our
constitution,
the
and
in
our
law.
D
When
you
look
at
those
facts,
the
court
is
able
to
make
this
decision,
and
this
would
only
be
adding
that
the
attorney
general
would
be
able
to
petition
the
court
for
the
appointment
of
a
district
attorney
general
pro
tem
and
again.
The
court
currently
has
the
purview
to
be
able
to
decide
that
and
would
retain
that
ability
as
well.
Thank
you,
madam
chairman,.
E
D
There
is
the
possibility
that
if
a
district
attorney
general
has
said
say
there
are
two
issues
that
they've
decided
and
maybe
they've
gotten
on
camera
and
told
the
media
that
in
all
situations-
let's
let's
say
it's
murder
and
robbery-
there,
let's
be
extreme.
If
a
district
attorney
general
stands
up
and
says
hey,
I
will
never
prosecute
anyone
for
murder
or
robbery.
D
That's
a
situation
under
which
this
would
apply
for
could
apply
now.
Could
there
be
a
situation
where
a
district
attorney
picks
more
than
one
subject
area
becomes
a
media
darling
and
goes
out
and
talks
about
their
views
rather
than
enforcing
the
laws
of
this
state?
Yes,
we
could
run
in,
I
believe,
to
a
situation.
I
don't
think
this
would
be
common.
I
don't
think
it
would
be
frequent,
but
I
do
think
it
is
possible.
E
D
Thank
you,
madam
chair.
According
to
the
fiscal
review
committee,
the
fiscal
note
states
that
the
proposed
legislation
may
result
in
an
increase
in
state
expenditures,
and
they
do
not
mention
any
local
expenditure.
In
fact,
a
district
attorney
is
a
state
entity,
and
that
would
be
a
state
expenditure.
Thank
you.
E
Representative
lamar,
thank
you,
chair,
lady,
and
thank
you
sponsor
so
from
my
understanding.
This
bill
would
allow
us
to,
or
the
courts
to
honor
the
potential
of
the
the
petition
of
the
ag
to
assign
to
an
umpteenth
number
of
pro
tems
when
we
have
95
counties
out
the
state.
So
we
can
essentially
sign
as
many
district
attorney
pro
tems
as
possible
in
all
95
counties,
and
then
the
state
has
to
pay
for
it.
So
we're
pushing
a
bill
not
knowing
how
much
money
is
going
to
cost
the
state
of
tennessee.
E
So
that's
my
reservations
is
you
know.
Most
of
we
should
be
able
to
determine
how
much
money
we
gotta
spend
on
a
position
that
we,
the
people,
already
elected
a
district
attorney
in
their
role,
so
we're
creating
multiple
positions
essentially
to
circumvent
the
prosecutorial
discretion
of
the
highest
law
enforcement
agent
in
that
county.
So
I
think
that
we
should.
You
know
strongly
think
about
that,
as
we
move
forward
to
pay
money
to
enforce
things
that
the
d.a
feel
is
best
or
not
best
for
the
county.
E
A
D
If
I
may
I'll
repeat
some
of
the
explanation,
all
this
would
do
is
allow
the
attorney
general
of
our
state
to
petition
the
court
for
appointment
of
a
district
attorney
general
pro
tem.
The
entire
decision
will
still
lie
with
the
court
as
it
does
today.
This
would
only
create
an
avenue
for
the
attorney
general,
for
example,
to
speak
up
on
behalf
of
the
state
of
tennessee
in
hoping
to
see
that
our
law
gets
enforced
rather
than
have
a
rogue
d.a
who
does
not
want
to
enforce
state
law.
A
Right,
thank
you
and
I
I
meant
to
say
that
I
think
I
just
stated
it
wrong.
Is
there
any
provision
that
would
allow
the
district
attorney
general
to
petition
the
court
to
re,
appoint
a
temporary
district
attorney
general
in
their
place?
Maybe
they
don't
want
to
prosecute
the
case,
but
they're
somehow
sympathetic,
and
they
would
be
willing
to
petition
the
court
to
appoint
someone
in
their
place.
D
So
I
can't
I
can't
personally
speak
to
that
type
of
situation.
I
can
say
generally,
though,
under
the
the
bill
as
written,
the
decision
is
by
the
court,
and
this
would
only
allow
the
attorney
general
to
ask-
or
I
should
say,
to
petition
the
court
for
the
appointment
of
a
district
attorney
attorney
general
pro
tem,
and
I
want
to
be
very
clear.
This
talks
about
that
district
attorney
refusing
to
prosecute
all
instances
of
a
criminal
offense
without
regard
to
facts
or
circumstances.
So
I
feel,
like
that's
very
specific.
A
A
It
could
be
anything
that
where
they
say
look,
you
know
there
needs
to
be
someone
else
coming
to
this
circumstance,
that's
objective
that
can
handle
that
role,
and
so
that
actually
happens
throughout
the
entire
state
and
that's
the
process
that
this
builds
upon,
where
a
pro
tem
is
appointed
to
handle
those
responsibilities
if,
for
some
reason,
there's
a
conflict.
Obviously
this
bill
also
seeks
to
address.
A
Where
there's
you
know,
you
may
have
an
elected
district
attorney
out
there
that
chooses
not
to
fulfill
their
responsibilities
under
the
constitution
and
the
constitutional
provision
actually
provides
for
that
as
well.
That
the
court
can
appoint
someone
if
the
district
attorney
fails
to
fulfill
their
duty.
D
D
F
D
Refuses
to
prosecute
all
instances
of
a
criminal
offense
without
regards
to
the
fact
or
circumstances,
so
I
think
that's.
I
view
that
as
being
very
specific,
rather
than
I
don't
think
this
will
be
frequent,
and
I
don't
think
that
this
would
happen
a
whole
lot.
At
least,
I
hope
not.
I
think
that
their
oath
of
office
sought
to
tell
them
what
they
need
to
do
and
work
within
the
confines
of
present
law,
rather
than
go
in
their
own
way
on
multiple
occasions.
Thank
you.
Thank
you,
madam
chair.
G
Thank
you,
madam
chairman,
and
sponsor
I
just
want
to
thank
you
for
bringing
this
legislation
that
we
currently
are
already
doing
this.
For
the
most
part,
it
only
extends
the
current
practice
in
which
you
described
very
well
up
there,
I'm
certain
that
it'll
make
the
judicial
system
more
fair
from
a
wide
range
of
issues
that
may
occur
in
the
future.
Thank
you.
H
D
I
did
hear
some
examples
today
in
judiciary,
committee
representative
beck,
provided
an
example
or
two
in
in
this
area,
and
some
other
members
mentioned
some
circumstances
along
the
way,
but
this
simply
really,
frankly,
in
current
law,
we
we
are
already.
We
already
allow
our
courts
to
make
the
appointment
of
a
district
attorney
general
pro
tem.
D
H
D
Representative,
that's
a
situation,
I've
never
envisioned.
Quite
frankly,
I
don't
know
where
we
would
go
at
that
point
if
it
would,
if
it
would
fall
solely
on
their
shoulders
and
be
a
dead
issue
or
if
this
would
allow
them
to
then
appoint
someone
else
but
unique
perspective
with
all
due
respect.
Sir,
thank
you.
Thank
you.
It's
not
an
impossible
situation.
I'll
say
that
I
would
imagine
could
happen.
A
D
So
if
you
get
out
here
and
start
doing,
media
interviews
with
every
tv
and
radio
station
around
and-
and
you
pick
your
topic
and
whatever
it
is-
I'm
no
longer
prosecuting.
In
fact,
I
will
never
prosecute
that.
I
will
never
see
that
that
law
gets
enforced,
that
was
created
by
this
general
assembly
or
a
past
general
assembly.
I
think
that
those
district
attorneys
have
a
very
significant
responsibility
and
I
don't
want
them
to
fail
to
carry
out
their
duties
because
we
need
I
like
equal
application
of
the
law.
Thank
you.
Thank
you,
madam
chair.
D
A
D
H
Thank
you,
madam
chair
lady,
a
couple
other
questions.
Earlier
I
was
in
my
office
and
I
was
listening
to
the
committee
and,
as
you
were,
explaining
the
bill
you,
you
went
from
criminal
activities
in
reference
to
marijuana.
All
the
way
to
murder
and
the
use
of
marijuana
currently
is
a
criminal
act
in
this
state.
Would
you
agree
with
that?.
H
H
D
Thank
you,
madam
chair.
This
legislation
does
not
attempt
to.
It
does
not
attempt
to
establish
a
process
of
who
can
approach
the
turn
attorney
general
and
request
that
the
attorney
general
petition
the
court.
I
think
that
that
would
be
very
much
on
a
case-by-case
basis,
whether
it
be
members
of
the
general
assembly
or
the
public
if
they
feel,
as
if
I
think
we
we
run
the
possibility
there,
but
there's
no
definition
in
this
language
about
who
could
approach
the
attorney
general.
D
H
Representative
miller,
so
anyone
could
actually
approach
the
attorney
general
and
say
that
there's
a
case
in
anybody's
county,
and
we
think
this
d.a
has
pretty
much
violated
the
law
and
then
the
d.a
would
look
into
that.
He
would
he
or
she
would
investigate
that
and
make
a
determination
if,
in
fact,
they
want
to
approach
the
courts
and
and
end
up
with
a
pro
tip.
D
Thank
you,
madam
chair.
I
I
believe
this
would
be
a
very
rare
situation.
At
least
I
hope
so.
I
like
to
think
that
those
are
that
are
sworn
to
uphold
their
oath
of
office
would
do
so
and
enforce
the
laws
of
the
state
I
feel
like
they
have
a
major
responsibility
to
the
millions
of
tennesseans
spread
across
95
counties,
and
I
just
really
don't
think
this
will
be
widely
used,
but
I
think
that
the
avenue
should
be
there
when
and
if
the
need
arises.
Thank
you,
madam
chair.
E
Thank
you
chair,
lady
one
more
question:
will
this
bill
technically
specify
how
long
this
pro
tem
will
be
appointed
and
served,
and
what
I
mean
by
that
is
once
they.
If
the
courts
decide
to
honor
the
petition
of
the
ag,
will
they
serve
a
year?
Will
they
serve
two
years
five
years
a
lifetime?
Do
the
duration
of
the
term
of
the
d.a?
So
in
regards
to
us
think
about
how
much
this
will
cost.
D
So
once
we
get
through
that
component
and
the
appointment
has
been
made
that
pro
tem
attorney
general
would
be
in
place
for
the
sole
purpose
of
prosecuting
persons
accused
of
committing
that
offense,
there
is
not
a
time
limit
within
the
language
of
the
legislation,
but
it
would
be
offense,
offense
suspect,
specific
offense
specific
try
to
say
that
a
few
times.
Thank
you.
E
E
The
state
is
going
to
continue
to
pay
election
after
election
every
four
years,
every
four
years,
every
or
eight
years.
Excuse
me
because,
our
days
eight
years,
my
apologies
eight
years
a
separate
pro
tem
just
for
that
issue,
then
what?
If
there's
another
issue?
They
won't
change
their
stance
on
and
the
people
of
that
county
keep
electing
them
with
that
open
public
media
stance
so
with
the
state
we're
going
to
still
pay
people
and
pay
people
and
pay
people
and
pay
people
every
time.
E
We
want
to
petition
a
new
pro
tem
on
every
issue
that
we
don't
like
that.
The
d.a,
the
highest
law
enforcement
officer
in
that
county
decides
to
make
that
decision.
So
can
I
explain
to
me
more
specifically
because
we
kind
of
danced
around
it,
how
long
they're
going
to
serve
and
what
cost
that's
going
to
cost
the
state.
D
The
fiscal
note
states
that
the
proposed
legislation
may
result
in
an
increase
in
state
expenditures.
The
timing,
duration
and
amount
of
any
increase
is
unknown
and
cannot
be
estimated
with
reasonable
certainty,
and
that
is,
after
the
fiscal
review
folks
have
done
their
work
in
terms
of
the
amount
of
time.
I
want
to
be
very
specific
here
and
tell
you
that
I
do
think
this
would
be
rarely
used.
D
D
Who
serves
as
the
district
attorney
general
pro
tem?
All
we're
asking
to
do
is
to
allow
the
attorney
general
to
petition
the
court
for
something
that
the
court
can
already
do.
That's
all
we're
doing
is
asking
permission
for
the
attorney
general
to
be
able
to
petition
the
court,
and
we
could
go
get
in
the
weeds
on
a
lot
of
these
different
issues
and
and
hypotheticals
and
I'll
go
back
to
you.
Madam
chair.
E
E
So,
once
this
bill
passes,
we
can
use
it
as
often
as
we
want
to.
I
myself
can
petition
the
governor.
Excuse
me
the
ag
on
any
piece
of
legislation
that
I
feel
that
you
know
the
da's
and
other
rural
counties
should
be
doing.
I
can
go
to
the
ag
and
tell
a
the
a.g.
He
needs
a
petition,
of
course
about
what
rural
district
attorneys
should
be
doing
and
how
they
should
be
legislating
their
own
counties.
I
D
I
Williams,
thank
you,
representative
campbell.
I
think
that's
the
very
reason
why
you're
carrying
this
bill,
I
want
to
thank
the
speaker
for
that.
I
think
what
we
have
is
an
is
a
a
few
cases
across
the
state
where
attorneys
general
have
decided
that
they
didn't
want
to
prosecute
to
the
full
extent
of
the
law
the
tennessee
general
assembly
is
set
aside
and,
unfortunately,
because
they're
unwilling
to
enforce
the
laws
and
prosecute
people.
I
We
have
to
have
a
temporary
situation
like
this,
where
we
have
to
have
someone
appointed,
and
so
I
think
it's
important
for
this
body
to
understand
that
we
are
a
state
of
laws
just
like
we
are
a
nation
of
laws
and
we
pass
laws
because
we
expect
to
protect
the
citizens
of
the
state,
and
I
thank
the
speaker
for
this
bill.
I
thank
you
for
sponsoring.
I
look
forward
to
supporting
it.
F
F
F
D
Thank
you,
madam
chair,
certainly
not
putting
a
process
in
code
with
this,
obviously
in
terms
of
what
you
would
need
to
present
to
the
attorney
general,
but
just
as
a
potential
example
is,
if
you
had
video
footage
from
a
jackson,
tv
station
or
radio
station
audio,
where
the
district
attorney
has
appeared
on
camera
and
said
hey,
I
am
not
going
to
prosecute
any
instance
of
a
specific
criminal
offense.
That's
in
tennessee
law,
regardless
of
the
facts
and
circumstances,
and
you
provide
that
to
the
attorney
general.
D
F
Representative
shaw,
so
so
you
are
saying,
then
I
could
personally,
I
could
go
through
that
process.
That's
what
I'm
getting
at.
I
could
go
to
the
state.
If
I
had
that
information,
I
could
go
to
the
state's
general
attorney
and
say
this
is
what
the
guy
said
and
I
need
you
to
appoint
a
pro
tem.
Is
that
that's
what
I'm
asking
to
get
clarity,
clarity.
D
With
all
due
respect,
we
would
simply
be
allowing
the
attorney
general
upon
their
own
decision
to
petition
the
court,
and
the
court
would
then
decide
whether
or
not
to
appoint
a
district
attorney
general
on
a
pro-tem
basis,
in
this
very
specific
circumstance
where
the
district
attorney
general
has
determined
that
they're
refusing
to
prosecute
all
instances
of
a
criminal
offense
of
a
law
created
by
the
general
assembly
of
our
state
of
tennessee.
Thank
you,
madam
chair.
B
Thank
you,
and
I
would
just
a
question
of
my
own
or
perhaps
more,
of
a
comment
but,
as
I
understand
this
bill,
what
we're
attempting
to
ensure
is
that
the
laws
that
are
passed
by
the
general
assembly
are
enforced
by
the
prosecutors
that
are
hired
for
the
state
to
do
just
that.
So
I
think
in
a
nutshell,
that's
what
this
bill
allows
us
to
do
to
make
sure
if
there
is
a
a
rogue
d.a
or
someone
who
doesn't
agree
with
something
that
the
legislative
body
has
passed.
B
D
G
B
B
J
The
bill,
thank
you,
madam
chair.
This
legislation
is
one
legislation
is
filed
by
our
speaker,
sexton,
and
I
am
caring
for
him.
It
requires
the
attorney
general
to
seek
an
injunction
of
a
member
of
a
board
of
education
to
compel
them
to
comply
with
an
executive
order
issued
during
the
state
of
emergency.
J
H
H
E
H
J
That
would
be
up.
This
would
be
required
to
go
to
for
an
injunction,
and
that
could
be
up
to
the
judge
at
that
point,
on
what
the
judge
decides,
the
civil
penalty
is
under
this
legislation,
but
they
can
find
them
up
to
ten
thousand
dollars
whether
they
find
board
members
that
vote
against
it
or
forward.
That
would
be
up
to
the
judge,
though,.
F
F
F
You
may
have
whatever's
going
on.
If
the
executive
order
says
you
don't
have
to
get
the
vaccine,
you
don't
have
to
wear
the
mask
anything
and
half
that
school
boarder
say
the
majority
of
the
school
board
vote
with
that
executive
order,
but
those
who
do
not
vote
with
that
executive
order
is
actually
going
to
be
fined.
F
J
What
a
writ
of
mandamus
is
is
it's
an
order
that
they're
telling
the
board
that
they
have
to
comply
with
this
specific
order,
and
the
judge
would
prepare
that
if
the
judge
defines
or
decides
they're
not
complying
with
the
order.
So
if
they
don't
comply
with
you,
if
they
are
asked
to
comply
and
they
do
not
comply,
then
it's
going
to
be
up
to
the
judge
whether
or
not
fines
are
warranted
based
upon
that
non-compliance
of
an
executive
order,
that's
issued
during
a
state
of
emergency,
so
it's
very
limited
circumstances.
This
is
going
to
apply.
F
F
He
didn't
want
to
deal
with
anything
down
from
washington,
but
I'm
trying
to
figure
out
how
we
keep
from
cutting
the
baby
half
into
here,
because
it's
kind
of
like
here
we
got
an
option
to
vote
yes
or
no,
and
basically
what
I'm
hearing
and
maybe
I'm
wrong.
Maybe
I'm
interpreting
this
wrong,
but
I'm
hearing
you
say
whoever
don't
apply
with
that
executive
order
based
upon
the
judge's
opinion
and
you
passing
it
putting
it
into
law.
They
are
actually
going
to
be
fined,
whether
it's
two
three
or
whatever.
B
B
C
B
K
K
The
big
bill
that
was
passed
in
the
code
committee
to
begin
with,
actually
contains
element
of
elements
of
this
bill.
The
senate,
sponsor
that
I
have
with
this
bill,
decided
that
the
senate
would
not
pursue
it
in
lieu
of
letting
it
go
through
that.
With
that
explanation,
I
would
like
to
thank
the
committee
for
their
consideration
and
request
that
this
bill
be
taken
off
notice.
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
L
B
L
Thank
you,
madam
chairman.
I
appreciate
that
just
in
the
course
of
about
six
straight
hours
or
six
hours
today,
we
have
made
government
smaller,
because
the
original
bill
was
five
pages
and
the
amendments
down
to
three
now
so
this
bill.
If
we,
if
you
determine
to
move
it
on
addresses
three
separate
areas,
one
is
is
who
gets
to
determine
quarantine
guidelines
for
a
pla
for
an
individual
or
a
place
of
business?
L
The
second
tenet,
which
is
also
which
is
important
to
me,
is,
is
that
in
the
section
four
or
that's
tca,
section
682-609,
we
deleted
a
section
and
added
it.
This
way.
The
let
me
see
if
I
can
give
this
for
the
committees,
because
these
are
sections
of
the
code-
that
frankly,
I
am
getting
to
be
more
familiar
with,
but
only
here
in
the
short
time.
Okay,
the
county
health
officer
is
what
this
deals
with.
Is
it
the
county?
L
We
are
removing
that
language
and
replacing
it
with
the
following,
except
during
a
declared
state
of
emergency
for
a
coveted
19
pandemic
rules
and
regulations,
as
are
necessary,
are
appropriate
to
protect
the
general
health
and
safety
of
the
county.
So
what
we're
doing
here
is
with
that
clause
added
into
the
that
front
of
that
section.
That
brings
the
authority
for
handling
covet
19
related
matters
back
under
the
state
for
all
counties,
not
just
the
89,
but
it
also
includes
now
the
six
counties
that
have
independent
health
boards.
L
L
L
And
so
it
says
the
county
health
director
shall
be
appointed
by
the
commissioner
of
health
or
by
the
commissioner's
designee,
as
we
go
down
through
the
body
of
this
section.
Six
of
that
that
paragraph
says,
if
the
commissioner
appoints
a
county
health
director.
Pursuant
to
this
subsection,
a
the
appointment
shall
be
made
by
the
commissioner
in
concurrence
with
the
county
mayor
of
the
county
in
which
the
appointment
is
made.
L
Suggest
that
we're
offering
suggests
is
that
when
the
commissioner
accounts
appoints
a
county
health
director
pursuant
to
subsection,
the
appointment
should
be
made
in
writing
by
the
commissioner
in
concurrence
with
the
county
mayor
of
the
county
for
which
the
appointment
is
made.
But
then
we
set
apart
and
distinguish
how
that
concurrence
is
obtained.
L
The
commissioner
may
appoint
a
health
director
from
that
list
of
nominees,
or
they
may
request
additional
nominees
or
may
appoint
someone
to
the
position
that
has
not
been
nominated
by
the
mayor.
If
the
commissioner
appoints
someone
who
is
not
a
nominee
of
the
mayor,
the
commissioner
must
first
consult
with
the
mayor
and
provide
written
justification
as
to
why
one
of
the
original
nominees
was
not
selected.
L
That's
the
third
item
that
we're
doing
with
this
amendment
and
then,
finally,
in
section
4,
we
talk
about
the
the
fact
that,
except
for
the
new
quarantine
guidelines,
county
health
departments
or
board
of
health's
in
existence
still
remain
in
existence
and
their
regulations
still
remain
in
full
force
to
the
extent
that
they
don't
conflict
with
section
one,
and
so
that
is
then
the
last.
The
last
item
says
accept
is
provided
in
section
one.
This
act,
the
quarantine
of
any
place.
There's
some
language.
That's
changed
out.
L
B
L
L
L
The
quarantine
of
any
place
or,
except,
as
provided
in
section
one
of
this
act,
the
quarantine
of
any
place
or
person
if
the
county
health
officer
finds
so,
in
other
words,
it's
the
same
language,
but
it
does
reference
the
fact
that
we've
changed
the
guidelines
for
quarantine
in
section
one,
and
so
that
madam
chair,
I'm
sure
that
was
crystal
clear
to
all
here.
And
so,
if,
if
you
would
indulge
me
I'll
renew
my
motion.
B
B
G
G
J
Thank
you,
madam
chair
chairman,
vaughn.
Thank
you
for
bringing
this
bill
as
a
representative
of
knox
county,
one
of
the
greatest
frustrations
we've
had
during
these
last
19
months
is
the
inconsistency.
It's
been
a
real
frustration
for
the
people
in
knox
county.
I
had
a
bill
similar
to
this
and,
as
I
mentioned
to
you,
I
appreciate
you
running
yours,
so
I
didn't
have
to
run
mine,
but
this
again
this
is
long
overdue.
It
creates
consistency
in
all
95
counties
during
a
pandemic
and
will
eliminate
much
frustration
and
again
provide
consistency
and
set
expectations.