Tennessee House of Representatives 112th House Finance, Ways, and Means Committee, 3 May 2021

Previous Meeting Next Meeting

⏯

youtube image

►

From YouTube: House - Finance, Ways & Means Subcommittee - May 3, 2021

Description

House Finance, Ways & Means Subcommittee House Hearing Room 3

A

All right I'd like to call the finance ways and main subcommittee to order for may 3rd 2021. Madam clerk, please call the roll.

B

Representatives, the bomb camper, freeman, gant, hawk hazelwood.

C

Lynn, ogles.

B

C

Whitson williams, wendell chairman hicks, here.

A

C

Got a quorum all.

A

Right, thank you very much members, any announcements or personal orders before we begin this morning, seeing none we will get right to business members. We do have four calendars. Today. We will first take up the tasser study calendar. Then we will take up our regular sub calendar as well as an addendum to the regular sub calendar, and then we will finish up with behind the budget, the behind the budget calendar. So that's where we will begin this morning. Members.

A

Let me give just a little bit of ground work on how this will work for the bills that have been funded. That will be the bills that we call up. If we do not call up a bill, that means it has not been funded and at the very end you will hear the motion to basically roll all the bills that have not been taken up and actually been taken on will basically be taken off notice at that time.

A

So that's how we will uh perform today's bills that haven't been taken up all right with that said, we're going to take up the tasser study calendar first, so members that's going to be house bill, 353 we're going to roll this to the hill without injection roll to the hill. That brings us to item number two on our calendars house: bill 1593 by representative miller, representative miller, leader, camper yeah,.

D

Thank you, mr chairman. Mr chairman, I was handling this bill. Okay,.

A

You've got a motion. The second you are recognized for house bill 353 for a brief description. Thank.

D

You, mr chairman, ms chairman, with this bill with commission tasker, to study the disparities of issuance of contracts to businesses and companies owned by african americans and submit a finding to the general assembly january 20 31st of 2022. I've worked with the tasser the secretary the treasurer and both have no problems with this.

A

All right, thank you later and let me go back and correct myself already. I actually misspoke and said house bill 353 we're actually on house bill 1593 by representative, actually by leader camper, so you've got a motion to say members. Any discussion on house bill 1593, seeing none we're now voting on house bill, 1593, moving on to full finance, all those in favor say: aye aye, all those opposed say no, the eyes have it house bill 1593 moves on to full finance all right. That brings us to item number.

A

Three item number three: on our calendars house: bill 1344 by representative ogle, sir, you are recognized. You have a motion to second thank you, chairman members of committee,.

E

Committee, this would instruct tasser to conduct a comprehensive evaluation of childhood obesity in the state of tennessee and the short and long-term effects of that, as well as the socio-economic impact and we've spoken about this.

E

uh I guess, since I got to the general assembly, uh tennessee consistently ranks as the worst in the nation or maybe the highest I've seen since I've been here is we were maybe 48th but 48, 49, 15 and childhood obesity nationally, and I think this is by far one of the uh uh largest fiscal impacts to the state of tennessee, as well as the well-being being of our constituents that we have not uh really quantified in this state. So with that I'll take any questions all.

A

Right, thank you. Representative. Ogles members. You've heard the description in discussion on house bill 1344., seeing none we're now voting on house bill, 1344, moving on to full finance, all those in favor say: aye, all those opposed. No, the eyes haven't house bill. 1344 moves to full finance brings us to item number. Four item number four: on our calendars house: bill 1389 by chairman todd. You have a motion to second, so you're recognized. Thank you, mr.

F

Chairman this bill directs tasker to do a study on those twra and tdec manage state resources that are being used for recreational activities such as paddle boarding, canoeing, tubing and kayaking. The study will ask what amount of funding is needed to manage, sustain and improve access to and the management of non-motor vehicle activities in the state. So it relates to the relationship between those type of sports and our other sports, like fishing and other activities on the water.

A

All right, thank you, chairman todd for this description members. Any discussion on house bill 1389, seeing none we're now voting on house bill, 1389, moving on to full finance, all those in favor say: aye, all those opposed. No the eyes have it house bill 1389 moves to full finance.

E

Okay, thank you. Members. We are on uh item number one heal of the calendar uh house bill 353, chairman hicks. You have a motion and a second we're ready for a brief description of the bill. All.

A

Right, thank you, chairman and members. I am carrying house bill 353 uh for chairman hulsey. He is home with his father who come through surgery successful. So we're certainly glad to hear that house bill 353 uh gold bullion is the only tangible asset that does not represent somebody else's liability to repay that becomes very valuable during tail risk events, central banks across the world hold gold bullion as a reserve asset. For this very reason, tail risk protection should not be held inside the banking system.

A

Thus, the tennessee bullion depository provides a good public good for provides a public good for residents of the state. The depository business plan would take into account all state expenses and therefore would be revenue positive. The state treasurer has requested that tasker conduct the feasibility study of creating a gold bullion depository in the state and that's what house bill. 353 hopes to accomplish.

E

Thank you, chairman hicks members, you've heard the explanation. Are there any questions on this bill? If not, then we're voting to send house bill 353 to full finance all in favor, say aye oppose motion passes.

E

Thank you, chairman members,.

A

All right members that brings us to the subcommittee regular calendar, that's going to be.

A

House bill 1522 is going to be the first bill on there and that's going to be by leader gantt leader gant. You have a motion in a second on house. Bill 1522 looks like there is an amendment that we need to put on to house bill. 1522. 8099. Is that correct? That is correct. All right. You have a motion and a second, let's see, do you want to describe the amendment or would you like to go and put that on in just the minute it makes the bill. Okay.

A

The amendment makes the bill so members in discussion on the amendment hearing unseen known we're now voting on amendment 8099 to house bill 1522, all those in favor say aye, all those opposed, no the eyes have it we're back on the bill house bill 1522 as amended. You are recognized leader again on house bill, 1522.

G

Thank you, mr chairman, and this is being brought by speaker sexton, and what this legislation is doing is uh the tennessee invesco program was established by the general assembly in 2010 and was designed to increase flow of capital to innovative new companies in tennessee in early stages of development. The return of investment for the state has been underwhelming and the statutory end of the program is approaching.

G

Statute requires ecd to liquidate the remaining investment starting december 31st of 23, which is the amendment changed the date from the year 2025 to 23, so that makes the bill but does not adequately define the liquidation process.

G

In short, this encourages liquidation of the outstanding investments by the end of 2023, effectively ending the program without forcing a fire sale that would devalue the remaining investments and, under this plan, ecd estimates that the state's return could be up to about 24 million through the end of 2025, but that has not been updated for the 2020 20 2023 year. I'm sorry and mr chairman, I uh yield back to you all right.

A

Thank you very much leader gang members. You've heard the description of house bill. 1522 has amended any discussion, seeing none we're now voting on house bill, 1522, moving on to full finance, all those in favor say aye, all those opposed. No the eyes have it house bill 15 22 moves to full finance.

A

That brings us to item number two on our calendars house. Bill 865 by chairman hasten. You have a motion. A second sir you're recognized on house bill 865 for a brief description. Thank.

E

You, mr chairman, this bill increases the state salary schedule by the same percentage when the general assembly increases the bmp instructional component and the latest fiscal note to get this to not significant. I thought I'd be glad to answer any questions. All.

A

Right, thank you very much. Remember. You've heard the description. Any discussion on house bill 865, seeing none we're now voting on house bill, 865, moving on to full finance, all those in favor say aye, all those opposed, no, the is having house bill. 865 moves to full finance. Thank you, mr chairman committee. Thank you.

A

All right members that brings us to item number three house bill 678, that bill has been requested to be taken off notice, so without objection house bill, 678 off notice, all right. That brings us to item number. Four item number four: on our calendars house: bill 1501 by representative cochran, you have a motion and a second you are recognized for a brief description on house bill. 1501 looks like there's, also a an amendment that we need to draft for house bill. 1501 8055.

A

Is that correct chairman? That's correct! All right! We have a motion a second you are recognized on the amendment. Thank you, mr.

H

Chairman this rewrites the bill. This is the the school turnaround pilot project. It essentially is designed to keep schools off of the achievement school district uh with some local buy-in and gives them some. Some extra state funded help.

A

All right members you've heard the description of the amendment any discussion on the amendment. Seeing none we're now voting on amendment 8055 to house bill 1501, all those in favor say aye, all those opposed. No, the eyes have. It were on the bill. As amended, you've heard the description of house bill 1501 as amended. Is there any discussion on the bill leader, camper you're, recognizing thank.

D

You, mr chairman, uh you said the amendment made the bill.

H

That's correct. Thank.

D

You could you describe a little bit about this pilot program.

H

Absolutely yes, ma'am that it is a four-year program. What what what it will do is take five priority. Schools and those are schools that are right there on the verge of going into that achievement, school district and so essentially, they'll take those five schools.

H

uh The state will pay for a basically an organization, a company to come in and help do some training and some hands-on training they put together a school turnaround plan that's put together at the local level, the local lea puts together a committee of teachers and parents and principals and school board members, and they kind of come up with a plan that they think will best fit their needs.

H

They select a vendor to help them implement that plan and like say, ultimately, the state pays for it, and hopefully it keeps them off that asd list and takes them off of the priority list as well, and actually the company does not get paid their full amount unless they come off of the priority list. So there's some skin in the game later camper.

D

Thank you, mr chairman. You said this is a four-year plan. Yes,.

H

Ma'am, that's correct and the locals.

D

Are involved in the process all the way through and.

H

Absolutely yes, ma'am. Actually the first year of the project is, is the is the that's the locals, putting together their plan to implement.

D

Thank you, mr chairman. Thank you. Miss monster. Thank.

A

You further discussion on house bill 1501, seeing none we're now voting on house bill, 1501, moving on to full finance, all those in favor say: aye, all those opposed, no the eyes have it house bill 1501 moves to full finance. Thank you, chairman committee. Thank you, members. That brings us to item number five on our calendars house bill 1143. That has been requested to be taken off notice, so without eject without objection house bill 1143 is off notice.

A

Brings us to item number six on our calendars house bill 1080 by representative sexton of granger, sir. You are recognized. You have a motion. Second, please continue the brief description.

E

Thank you, mr chairman committee. What this bill does it creates a physician's assistant board right now the board of medical examiner's committee on physician's assistant, and it would just change that to the board of physicians assistants to regulate the practice of the pas.

F

That's what the bill does.

A

All right members you've heard the description of house bill 1080 any discussion chairman todd.

F

Thank you, mr chairman. Does this change anything with responsibilities or oversight as far as a day-to-day oversight for physician's assistance? No, it does not. Thank you, sir chair lady hazelwood,.

I

Thank you, mr chairman and representative sexton. Does this physician's assistant board, is it um autonomous or is there oversight from the medical board at all for this group? After passage of this bill,.

E

After this spill, it's my understanding that they will be autonomous right.

I

A

All right members, further discussion on house bill 1080, seeing none we're now voting on house bill, 1080, moving on to full finance, all those in favor say: aye, all those opposed, no the eyes have it house bill 1080 moves to on to full finance. Thank you, representative. Sexton. Thank you, chairman committee,.

A

All right that brings us to item number. Seven on our calendar is house bill 1320 without injection house bill. 1320 is being taken off notice without objection off notice.

A

All right members, that brings us to item number eight on our counters house bill 1102 by representative shaw, sir. You have a motion a second. You are recognized on house bill, 110 1102, for a brief description.

E

Persons convicted of assaults and also persons who committed uh convict who were criminally convicted excuse me was that was edible for the virgin and at the time of sentencing, actually we're not changing anything in the law of what we're doing is just giving those people who did not get uh divergent at the time to be able to get it now or that's what this legislation would do pending any other questions, I would ask to renew my motion.

A

All right, thank you very much. Questions been called in objection, calling the question hearing none, seeing none we're now voting on house bill, 1102, moving on to full finance, all those in favor say: aye, all those opposed. No the eyes have it house bill 1102 moves to full finance. Thank you. Thank you, members. That brings us to item number nine. That's house bill 1430 that has been requested to be taken off notice without objection so moved.

A

That brings us to item number 10.

A

item number 10 on our calendars house, bill 980 by chairman williams. That has been requested to be taken off notice. So without objection house bill 980 will be taken off notice, so moved.

A

That brings us to item number 11. item number 11 is house bill 1009. That has been requested to be taken off notice without objection, objection so moved.

A

All right members that brings us- and I appreciate your patience this morning. We just want to make sure we get this right as we go so that we don't have to come back and fix a mistake members that brings us to the addendum calendar this morning. That is going to be item number one on the addendum calendar. That's going to be house bill 829 and I do not see the sponsor so we're going to roll this to the heel of the behind the budget calendar without objection so moved.

A

That brings us to item number two on the addendum calendar. That's going to be house bill 1267 by representative gillespie, so you have a motion a second. You are recognized for a brief description.

J

Thank you, mr chairman and committee um under president law, the board of directors of the tennessee education, lottery, enforced and supervised compliance with laws and rules regulating the regulation of controlled uh of controlling wagering and sports events in the state.

J

What this bill is doing is it would flip those roles, uh basically giving the sports wagery advisory council uh sole autonomy, uh separate from the education lottery board and making decisions on sports wagering in the state. With that, I welcome any questions.

A

All right, thank you, representative gillespie members. You've heard the description on house bill 1267 any discussion on house bill, 1267, speaker, sexton, you're, recognized.

K

Thank you, mr chairman uh members. This bill was worked out with the administration, the senate and the lottery board, as a mechanism to have the gaming board become an independent entity outside of the lottery board, so it's making it a new board. That's all it's doing. Thank y'all all right. Thank.

A

You very much further discussion on house bill 1267, seeing none we're now moving we're now voting on sending house bill 1267 on to full finance, all those in favor say: aye, all those opposed. No, the eyes haven't house bill. 1267 moves on to full finance.

A

A

All right members we're going to go back to item number one on the addendum calendar item number one is house bill 829. That bill has been requested to be taken off notice. So without objection house bill, 829 off notice,.

A

All right members that brings us now to the behind the budget calendar so we're going to be on the behind the budget calendar we're going to be on item number one: that's house bill, 1047 by speaker, sexton.

A

We have a motion. A second sir you're recognized on house bill. 1047.. Thank you, mr speaker. I.

K

Mean, mr chairman, sorry about that, just working the angles over here, I'm sorry, um mr chairman, what this bill does.

K

Is this the truth and sentencing bill that we worked on that was funded in the budget to the tune of about 24 million dollars it gives the it still allows the judges to discretion for sentencing but or the trial court uh or the jury to determine what the sentencing is once they determine that sentencing there's a whole list of crimes here, a through double e, historically crimes against women and children, and it would make those crimes 100 of sentencing and that's what this bill does I'll, be happy to take any questions.

A

All right all right, thank you, speaker, sexton members, you've heard the description of house bill 1047 any discussion later camper.

D

Thank you, mr chairman. Mr speaker, you did say that we were not taking away the ability of the judges to have some input and leverage as to the sentencing. It's just a matter of whatever they decide. That's what it's going to be.

K

Correct so currently in uh statute, the sentencing guidelines are very complex and once we started looking at it, we realized we didn't want to go in and start messing with it. So right now, depending on the type of offender it is and the type of felony it would be, there's a range that they can consider we're not taking away the range or anything like that.

K

All we're saying is: if it's an 8 to 12 year potential and the judge or a jury gives nine years, then they have to serve nine, we're not taking away the discretion of the range or where they fall.

D

Thank you, mr speaker,.

A

Thank you further discussion.

A

Seeing none we're now voting on house bill, 1047, moving on to full finance, all those in favor say: aye, all those opposed. No the eyes have it house bill 1047 moves to full finance. Thank you. Mr speaker. Item number two on our counters house bill by leader. Lambert. Do you have a motion in a second sir, you are recognized for a brief description on house bill. 430.

E

Say, mr chairman, in this uh just like the last bill, but in a much smaller format will increase the sentencing on facilitation of rape of a child. That's currently a 30 parole eligible sentence, and this will significantly increase that to where, in essence, it's an 85 percent, it's 100, but there is some release. Eligibility.

A

All right, thank you very much members. Any discussion on house bill 430, seeing none seeing none we're now voting on house bill, 430, moving on to full finance, all those in favor say: aye, all those opposed, no the eyes have it house bill 430 moves to full finance. Thank mr chairman, thank you. That brings us to item number five on our calendar item. Number five is going to be house bill 948 by chairman boyd.

A

You have a motion. A second, so you're recognized on house bill 948 for a brief description and chairman. It looks like there is an amendment that we need to attach to house bill 948 and it looks like that drafting code is 7935. Is that correct, mr chairman? That is correct. All right. Do we have a motion? Second, on the amendment, we have a motion, the second you are recognized on the amendment. Thank you.

H

Mr chairman, the amendment makes some very minor technical changes to the bill. Nothing substantial at all all.

A

Right, thank you very much members any discussion. Seeing none we're now voting on amendment 7935, going on to house bill 948, all those in favor say aye, all those opposed, no the eyes have it we're back on the bill, as amended and sir you're recognized on the bill as amended. Thank you, mr chairman.

H

uh House bill 948 brings some much-needed, well thought out. Reform to the certificate of need process uh in tennessee. It essentially reduces paperwork, makes the process quicker easier. It costs less for people seeking to get a certificate of need. It eliminates. Some of the protectionist aspects of certificate of need creates greater flexibility.

H

It lowers the population threshold for counties that are exempt from it on non-pediatric mri services and pet services, from 250 000 down to 175 000, and one of the big things is. It requires the hsda executive director to develop a plan to merge certificate of need with health care licensor into a single agency, and that plan must be submitted to the general assembly for action no later than january. The 1st of 2023, mr chairman I'll, take any questions all.

A

Right, thank you, chairman boyd members. Any discussion on house bill, 948.

A

G

Thank you, mr chairman representative board. I know we've talked about this bill several times. I just want to be on record that the county that I represent, mcnairy county had a former hospital that closed, and this legislation would allow another entity to come in and place a hospital in that county if they had a former hospital. That closed.

G

Is that correct.

H

Chairman boyd, thank you, mr chairman, and I'm not your specific situation. I I'd have to get more details on, but but that is as we talked about it before. I believe this bill will take care of that, for you, leader,.

G

Okay, thank you.

A

Further discussion, leader, camper.

D

Thank you, mr chairman representative, uh with respect to a hospital, that's closed, let's say: there's a rural hospital with clothes and that hospital decides at some point. They want to reopen what happens with their certificate of need. Do they have to reapply? Do you have to go through a full process?

D

How does that hospital get to reopen, and is there a time limit or around that.

H

Chairman void, thank you chairman. If they were in a distressed, county certificate of need would not apply at all, but if they are uh seeking to open and they are under the population threshold of 175 000, uh they would have to go through the certificate of need process.

A

Leader camper, thank you further discussion house bill 948, seeing none we're now voting on house bill, 948, moving on to full finance, all those in favor say: aye, all those opposed. No the eyes have it house bill 948 moves to full finance. Thank you.

H

Chairman committee.

A

Well, that brings us to item number. Eight on our calendar item number eight is house bill 419 by chairman simpi.

A

You have a motion in a second sir. You are recognized on house bill 419 for a brief description.

L

Thank you, mr chairman house, bill 419 adds chiropractic care to the coverages of those over the age of 18. For tenncare with that, mr chairman I'll, give I'll answer, questions.

A

All right members you've heard the description of house bill 419 any discussion on house bill, 419 hearing, none, seeing none we're now voting on house bill, 419, moving on to full finance, all those in favor say aye, all those opposed. No the eyes have it house bill 419 moves to full finance.

A

All right that brings us to item number nine on our calendars house bill. Six by chairman sapicki, sir. You have a motion. A second you're recognized on house bill. Six looks like there's a an amendment that we need to attach drafting code: eight, zero, seven zero! Is that correct? Yes, sir, you have a motion. The second you're recognized on the amendments.

L

Thank you, mr chairman. The amendment uh creates the funding mechanism for this uh college. Coaching initiative and completion grants I'll be happy to answer questions on the amendment all.

A

Right any discussion on the amendment hearing: none seeing none we're now voting on amendment 8070 to house bill 6., all those in favor say aye, all those opposed, no the eyes have it we're back on the bill as amended, and you are recognized on the bill as amended. Thank.

L

You, mr chairman committee, this is the college coaching initiative or the completion grant that we've been working on for three years. Our graduation rate and promise has dropped to 51 percent. One of the major contributors of that is, that is the students that are in the college, coaching initiative, the ones that experience the most risk of life coming up and biting them and getting them to drop out.

L

Our hope here is this four year pilot program with with t heck is that we can get these kids across the finish line, and hopefully, in four years we can come back and report to you that this has been a huge success. We are now in the 70s to 80 graduation rate, which would lead to nation in education. Mr chairman answer any questions.

A

All right, thank you very much. Members you've heard the description of house bill 6 as amended. Any discussion on house bill. 6.

A

chair, lady hazelwood.

I

Thank you, mr chairman. I just want to say I'm excited that we were able to work out funding for this bill because I, like you, have probably met with presidents of the our our local community college and other folks who work there, and they have explained how these expenses, that for most of us, would be a minor inconvenience or sometimes hurdles that these students can't overcome if, if their car has an issue, or you know their rents, overdue or whatever, and that can be a huge barrier to them completing their education.

I

So I think these grants will allow them to deal with those issues, continue to stay in school and be ready to get a job and be employed by the employers that are out there waiting for them. So thank you.

L

Thank you. Thank you very much.

A

All right, thank you. Further discussion on house bill six, seeing none we're now voting on house bill, six, moving on to full finance, all those in favor say: aye, all those supposed. No the eyes have it house bill 6 moves to full finance. Thank.

L

You, chairman committee,.

A

Remembers that brings us to item number 13. item number 13 is house bill 744 by chairman kerzio, sir. You have a motion and a second and you are recognized on house bill 744 for a brief description. Thank.

G

You, mr chairman,.

E

Thank you committee. I do have an amendment coded 8120 that we filed with the committee this morning. Yes,.

A

Sir, we have a motion a second on the amendment you're recognized on the amendment. Thank you very much.

E

Committee um members, uh this amendment does remove any uh fiscal impact to the state, uh would help create victim spaces in courthouses across the state where those spaces do not currently exist and we'll be able to be funded out of uh existing resources from the tennessee general attorney general's conference. All.

A

Right, thank you very much. Remember. There's any discussion on the amendment. Question's been called objection, calling the question hearing unseen. None we're now voting on amendment 8120 on to house bill 744, all those in favor say aye, all those opposed, no the eyes have it back on house bill 744 as amended. You are recognized. So thank.

E

You, mr chairman, and the amendment made the bill, so I renew my motion.

A

All right members, any discussion on house bill, 744 questions been called the objection, calling the question hearing, none saying no we're now voting on house bill, 744, moving on to full finance, all those in favor say: aye, all those opposed. No the eyes have it house bill 744 moves to full finance. Thank you, chairman committee.

A

All right that brings us to item number 15 on our calendar out of number 15 is house bill 904 by chairman doggett, sir. You have a motion and a second. You are recognized on house bill 904 for a brief description.

E

Thank you, mr chairman, in committee, 904.

E

looks at expanding protection. Orders for witnesses or victims of sexual offenses and witnesses expected to testify against the defendant in court, requires petition to be certified and supported by an affidavit of the victim, informing the witness and specifies that good cause for issuing such protective order may include that allowing the defendant to publish information likely is to result in coercion or intimidation of a witness or victim.

A

All right, thank you, chairman doggett members. Any discussion on house bill, 904 hearing, none, seeing none we're now voting on house bill, 904, moving on to full finance, all those in favor say: aye, all those opposed, no the eyes have it house bill 904 moves to full finance. Thank you very much. Thank you all right. That brings us to item number 16 on our calendars house. Bill 11 30 by chairman farmer,.

A

You have a motion and a second chairman farmer. You are recognized on house bill, 11 30 for a brief description. Hey thank you, mr chairman.

L

Committee, it also has an amendment traveling with it. That code is 7378. Is that on it? Yes, sir, it is okay, very good and members. Mr chairman, what this does is it creates a statewide chancery court consisting of a chancellor in each grand division, the eastern middle and western district, and this what this chantry court would do. It would take up issues of statutory interpretation or any constitutional issues. That's raised against the state of tennessee, so without ruining motion.

A

All right, thank you. Chairman farmer remembers any discussion on house bill. 1130, representative, freeman, you're recognized.

M

Yeah, thank you um so explain to me the process. How would this be? Would they would they be clearly they'd, be elected positions right or are they appointed.

A

Chairman farmer, yeah.

L

I think, mr chairman and resident freedom. Thank you for that question. The way this would work is the governor would initially appoint these three and then once the uh they'd be elected statewide. So when the governor's on the ballot again in 22, they would then be on the ballot and they'd be elected by popular election.

A

Representative freeman further discussion on house bill, 1130 leader, camper you're, recognized.

D

Thank you, mr chairman, uh mr chairman, just for the record, could you explain to us why we are creating this three-member uh chancery court for the record.

A

You're recognized yeah.

L

I think, mr and it's my understanding that, in my opinion, that's what this would spread out and create fairness all across the state, you'd have a you, have a chance from the eastern district, the middle district in the western district of pining on issues that affects the entire state. So that's what.

A

Leader camper, thank.

D

You, mr chairman and mr chairman, for the record. This bill is not being proposed to.

D

I should say deal with anything any court decisions, that's just been made or a reflection of any decisions that maybe we've had some problems with. That's not why we are doing this. Is that a correct assumption, mr chairman, chairman.

L

Farmer, mr and thank you, mr chairman and leader of now, it's my understanding that this is just what I had just explained just to spread out the uh you know, fairness across the state and have those opinions heard. Thank.

D

A

Chairman, thank you, representative whitson. Thank you.

E

L

Chairman and thank you uh chairman, uh do you feel that this bill has.

E

As the authorization for funding provides enough staffing for these three positions- chairman farmer, yeah.

L

And thank you and I believe that the the aoc has looked at that and I believe we've came back and there's an amended, uh amended proposal there. For those monies, that's been flooded. Okay, thank you. Thank you. Chairman.

A

Thank you representative. Further discussion.

A

If not, we will now vote on house bill 11, 30, moving on to full finance, all those in favor say aye, all those opposed. No the eyes have it house bill 1130 moves to full finance if you'd like to be recorded as a no, please make sure the clerk records you, as so.

A

Right here we got you, we got you all right. That brings us to item number 17 on our calendars house, bill 1132 by chairman farmer, sir. You have a motion. A second you're recognized on house bill 1132 for a brief description and just to let you know, we already have drafted amendment 7621 to the bill, so you are in the proper posture and ready for description. Oh.

L

And thank you, mr chair and committee members. What this does it sets up the abatement council and sets up how the state is going to deal with proceeds from certain settlements and with regards to the lawsuits and of the opioid distributors and and one manufacturer.

A

All right, thank you for this description. Any discussion, chairman williams,.

N

Thank you, chairman farmer. I appreciate this I just and if, if, if it makes you more comfortable for us to go out of session, I made sure the ag staff was on the list to discuss today. I just had a couple clarification questions on the spreadsheet that you sent to our offices that showed a 40-60 split as it relates to uh local governments versus the state. uh Is that still the instance with this uh new this amendment that we've just put on chairman farmer.

L

As my understanding that has not changed, okay, it's still a 60 40 split yeah.

N

And that 60 40 split is encompassed by guaranteed 15 percent of the local counties and then a possible 25 percent of a 70 percent of the original chairman farmer.

L

Thank you, mr chair and chairman williams. Now that 15 will go directly to locals, 15 will go directly to the state and really that that 70 every bit of that's going to end up back with the locals, but there's another 35 percent of that 70. It's going to go to the abatement fund, that's going to be guaranteed and that's how we're going gonna end up with that 40.

L

But really all the abatement fund is going to end up back with the cities and counties they're just going to need to make those requests to spend that money. Certain ways and they're going to have a list of treatment programs and such that are certified. It's going to help folks get well.

N

Chairman williams, thank you I I I recognize that and- and I recognize you're here, uh because the attorney general hopes to settle these lawsuits and we're thankful for that. I I I have a little bit of a concern, though, um as it relates to the 70 percent uh set aside that the abatement fund, the abatement council, would do uh because technically statutorily it's just a it's. A good faith promise that those monies will go back to the communities of which they were originally intended to the only guarantees based upon counties.

N

That I understand is the original 15 percent you described, which was goes to the state or goes to the counties, and then another 15 goes to the state but of the balance of the 70 percent. The the committee would have to agree to be able to send that that additional 25 percent to make the 40 uh for that to be the case. If the council didn't agree- or they didn't feel like it was appropriate to fund, then this the county in fact, would not get the money. I suppose chairman farmer and.

L

You know, mr chairman, thank you chairman. That's my understanding.

N

Okay, I guess my final question is: I'm I'm concerned about this only because we haven't settled laws. Oh, I do have one other question. My apologies uh are the endo settlements still carved out, as it relates to those three state uh lawsuits all three lawsuits that were for the local counties, chairman farmer,.

L

Yes, that's my understanding.

N

Okay and then the balance is 70 percent. Can can you speak to the fact, as that will any of the people paying the settlement to the state be able to acquire any of the 70 percent of the funding that goes to the abatement council, chairman farmer,.

L

Okay, could you repeat that I don't understand.

N

Yeah so let's say I'm a pharmaceutical company, I'm sued uh because unfortunately, in my community I got to handle an nas child that preserved that desired, an opioid more than it did its mother's breast. When it was born. I guess my question is: is: does any of the 70 go back to the people that we settled with for treatment.

A

Chairman farmer.

L

I do know the answer to that question. If you want to.

N

I I appreciate the question. I understand the agencies here today. We may ask that in full, but my concern would be that the 70 percent uh that went to the abatement council that the same people that prescribed these opioids and said they were safe, may have created a fix for the opioids that have impacted our communities and they in fact could get monies out of the 70 percent. That of the balance, and so I hope that's not the case. Hopefully they can answer that in full, but that that's a concern of mine, yeah.

L

N

L

Certainly, wouldn't think that was this obviously, is not the intent to send money back to who the folks who have gotten people addicted to opioids. You know so. Thank you, chairman farmer. Thank you.

A

Thank you, chairman williams, representative hall. Thank you, mr thank you, mr.

E

Chairman quick question: the.

O

If any of our localities have attorneys already outside the the one issue that we just spoke about with endo, if there are.

E

Attorneys fees associated with any community right now that comes outside of the scope of these dollars that we're talking.

O

E

O

E

A question there.

O

Do any attorney fees outside attorney fees go outside the scope of these? The funds we're talking.

A

About chairman farmer,.

L

You know, and thank you, mr chairman and chairman hawk, you know to that. You know this. This legislation only has to do with mckesson corporation cardinal health, amerisource bergen corporation and johnson johnson, so you got three distributors, one manufacturer there and and it's my understanding that uh this is by agreement. I've had no one call my office to to oppose this. So with regards to your question, I think that all this legislation encompasses is just settlements with these four here and subsidiary subsidiaries thereof.

A

Chairman hall, further discussion house bill 1132.

A

Seeing none we're now voting on house bill, 1132, moving on to full finance, all those in favor say: aye, all those opposed. No the eyes have it house bill 1132 moves to full finance. Thank you. Thank you.

A

All right that brings us to item number 20. item number 20 on our calendars house. Bill 745 by chairman, hasten.

A

You have a motion a second. You are recognized on house bill 745 for a brief description. It looks like there is an amendment that we need to attach to house bill 745 drafting code 8086. Is that correct? Yes, sir? Okay, you have a motion a second you are recognized on the amendment. Thank.

E

You what the amendment does is it changed uh from subject to available funding to subject to available federal funding.

A

Okay, any discussion on the amendment question's been called the objection, calling the question hearing none, seeing none we're now voting on amendment 8086 to house bill 745, all those in favor say aye, all those opposed, no the eyes have it we're back on house bill 745 as amended, and you are recognized chairman hasting. Thank you, mr chairman. What.

E

This bill does offer our high school seniors the opportunity to take a nationally recognized career readiness assessment at no cost to the student. With that I'll be glad to answer any questions. All.

A

Right, thank you, chairman members. Any discussion on house bill, 745 leader camper.

D

Thank you, mr chairman, thank you for the for the bill. I agree that we should be doing that. My question is around uh the funding. So did you just in the amendment we put on? Did it limit the funding to uh money coming from the federal government.

A

You're recognized chairman.

E

Thank you for that question leader. Yes, right now, there's we have a two-year window to use this some federal funding to go towards this. We're hoping that the information that we get back shows that it's a successful program and we can find some recurring funding, but we do have a two-year window to be able to use this to make sure our students from at least the next two years, have the opportunity to take the test and get connected to the workforce.

A

Leader, camper.

D

Thank you, mr chairman, thank you for the explanation, so my concern is that when this two years is over, would this be a unfunded mandate that we're going to put on locals to continue or try to find the funds? Could you speak to that.

A

E

I believe the I believe the bill would end at the end of the as as it's written now, the the bill would end and the mandate would end at the end of the the funding permitted that we hopefully find some recurring funds.

D

Later camper, thank you, mr chairman. uh At the end of the two years there will be some sort of report on the success and then based on that we would look at trying. If it proves to be successful, then we would look at trying to find additional funds to keep the program going. Is that what I'm hearing you say chairman.

E

Hayson, yes, ma'am, that's my hope.

D

Thank you, mr chairman. Thank you thank.

A

You further discussion on house bill 745 chair, lady hazelwood,.

I

Thank you, mr chairman. I want to thank the representative for bringing this bill in my area. We've been using. Certain employers have been using this workkeys for quite some time. It's proven very effective.

I

You know, unfortunately, the high school diploma they're not always convinced that it does what it says it does with workkeys. There's no question that these folks are ready to do whatever it is um they're hiring them to do so. Thank you for bringing this.

E

Thank you. Yes, sir. I.

A

E

Say I thank you for the comments and yeah there's 800 employers in tennessee that that rely on this and make decisions on hiring, uh and it just is a it's a great opportunity for our students to get directly connected to the tennessee workforce.

A

Thank you, chairman further discussion on house bill 745, seeing none we're now voting on house bill, 745, moving on to full finance, all those in favor say: aye, all those opposed. No the eyes have it house bill 745 moves to full finance. Thank you. Mr chairman committee. Queue brings us to item number 21 on our calendar out of number 21 on our on our calendars house bill 1398 by chair, lady helton.

A

You have a motion and a second. You are recognized on house bill 1398, and it appears as though there is an amendment that we need to attach to house bill. 1398. Yes,.

C

Amendment 8088.

A

Will you have a motion, a second you're recognized on the amendment.

C

Thank you. uh This has covers two areas due to some concerns from tenncare and the state employee plan. This amendment clarifies that pbms do not need to change the payment methodology for reimbursements to pharmacies, but outlines an appeal process for pharmacies if paid below the actual cost, and it also clarifies that the acceptable format for data to be provided to the requesting entity are in a standard that is accredited by the american national standards institute. A common standard in the industry today and tenncare, and the state employee plan are deferred now on the legislation.

A

All right, thank you very much. Members you've heard the description of the amendment. Eight zero, eight, eight, any discussion hearing unseen, none we're now voting on putting the amendment eight zero, eight, eight on to house bill, 1398, all those in favor say aye, all those opposed, no the eyes have it we're back on the bill as amended, and you are recognized chair lady, on house, bill 1398 as amended. Thank.

C

You, mr chairman, section 1 of the bill, addresses 340b discrimination. 340B entities are safety. Net providers that serve the state's most vulnerable populations, pbms can amend a 340b entities contract and reimburse at a lower rate than negotiated, essentially withholding money from indigent care facilities. This section of the bill will prohibit pbms from discriminating against these entities so that nearly 700 340b providers in the state can continue to provide services to the community without financial constraints.

C

Section two of the bill addresses specialty pharmacy discrimination and patient, steering many pbms own or are owned by the pharmacies they require consumers to use these pbms steer patients to their preferred network of affiliated hospitals providers and pharmacies in order to maximize their profits.

C

Pbms can mandate that you obtain your specialty infusion or other pharmaceutical drugs from their preferred specialty networks or pbm owned pharmacies. Even if the patient experiences adverse care through drug waste, incorrect dosage or delays in medication, this section of the bill puts choice back into the hands of the patients, specifically those that are suffering with chronic, complex or rare diseases.

C

Section three addresses spread pricing and rebate retention. Spread pricing occurs when a pbm charges a health plan more for a certain drug than it reimburses the pharmacy dispensing the drug artificially inflating the cost. This practice results in higher costs to the consumer, while allowing pbms to divert fees for profit. It is most common with cheaper generic drugs.

C

Pbms receive rebates by offering different types of placement on health plan formularies. The rebate passes through the pbm to get to the plan and the pbm retains a portion of the rebate as part of its contract.

C

This section of the bill ensures the price reduction negotiated by the pbm passes through the pharmacy directly to the consumer and that pharmacies are no longer paid below their acquisition cost section. Four and five addresses transparency. This provision states that a pbm has a responsibility to report.

C

Any entitlement benefit percentage to both the plan and covered person that either are entitled to this section of the bill will remove the opaqueness within the pbm system by freeing up data to provide accurate information to patients at the point of care, empowering discussions and decisions about medications a patient can afford and what it is going to cost.

A

All right, chair, lady, thank you for this description members. Any discussion on house bill, 1398, speaker, sexton, you're, recognized sir.

K

Thank you, mr chairman uh representative, thank you for bringing this reform bill to us members. I think this is probably one of the biggest reform bills that we've seen in a long time.

K

I think she brought it due to a recent supreme court case, rutledge versus pcma, where arkansas passed the law. uh They got challenged uh with erisa plans, but the supreme court ruled unanimously. Let me just make that clear, eight to zero, that the states have the ability to control escalating health care costs that are being driven by pbms. So let me just think about what happened. Arkansas passed, pbm reform went to the supreme court. Eight to zero, ruled arkansas. Has the ability to control health care costs through a pbm?

K

What we have in this state and we've been working on this type of legislation for years? Is we have a middleman in between the patients, the pharmacist and the health care plans, and what they've been doing is taking rebates, not discounting them back to the plan or to the patient or the customer or the pharmacy a lot of times they provide benefits, but the pharmacist gets reimbursed less than their actual cost, and I know a lot of you on this panel up here are business owners?

K

How long can you stay in business if they're reimbursing you less than what your actual costs are? All this bill is is a good government bill that will allow the state to once and for all to say we need to treat our pharmacist all of them the same not independently from one another, because right now, pbms have the ability to have different reimbursement rates depending on the pharmacy they're, not treating them all the same, and they have their own pharmacies and they treat them different than your independent pharmacist in your community.

K

They have their own specialty pharmacies, they treat them differently than the ones who are owned in the state of tennessee. This bill is a transparency good reform bill that will not drive up health care costs. What this bill will do is actually help the consumers and the pharmacists.

K

It still allows them to do mail order if they want to that's misinformation, that's being held out there right now. This does not affect mail order, but let me just thank the representative for bringing this bill. I know there's a lot of information out there. I look forward to being here for full committee during testimony, but this is one of the biggest reforms that we have and right now, 30 other states 30 are pushing legislation like this in their states. Thank you.

A

Thank you speak speaker, sexton, chair, lady hilton. Would you like to respond.

C

um I would just like to to echo what uh mr speaker said for the year: 2021 81 bills have been proposed in 29 states related to pharmacy benefit manager practices. There has been much concern in tennessee regarding pbms, but little action. Mr chairman and members now it's time to take action without a renew my motion.

A

Thank you very much representative baum.

E

Thank you, chairman hicks, uh chair, lady hilton. To what extent are erisa employers covered by your bill and that's maybe a follow-up question to that. You mentioned an appeals process for prices that could be used by tenncare.

E

Would erisa employers have access to this appeals process as well.

C

I do not know the answer to that.

A

Speaker sexton.

K

Thank you. The appeals process covers when a pharmacist wants to appeal what they're getting reimbursed for. What I will say is the supreme court decision. It was based on an erisa lawsuit and what they said in the lawsuit. Let me just make sure I guess right. Erisa did not pre-exist pre-exempt arkansas law regulating pdm.

K

What you've heard for a long time from pbms who are working for an erisa plan is that they don't apply to the any willing pharmacist statute that we have in our state of tennessee, which means they can set costs for your farm. You, you could have five pharmacies in your town and they all have different price points um in that community.

K

What this bill really does is try to set a level playing field so that all pharmacists have the same ability the same contract with one another, and so the erisa plans that that's one argument they always make, but the supreme court ruled that they should be treated like everybody else under state law,.

A

Chairman baum, thank you.

A

D

Thank you, mr chairman uh chairman, you mentioned earlier about safety net. Yes, so would this bill help consumers to lower the cost of pharmacy in in their family.

A

Chair lady you're recognized.

C

Are you referring to the safety net providers? Yes? Well. This just prevents the pbms from reimbursing safety net providers at a lesser rate than non non-safety. Net providers and our 700 covered entities in tennessee are very dependent on the savings because they use those savings to reinvest in other programs for their uninsured or underinsured people that come to their facilities.

A

Leader camper, thank.

D

You for that response. Thank you, mr chairman.

A

Thank you further discussion on house bill, 1398 questions been called the objection, calling the question hearing none, seeing none we're now voting on house bill, 1398, moving on to full finance, all those in favor say: aye, all those opposed. No the eyes have it house bill 1398 moves to full finance.

A

Thank you chair, lady. Thank you brings us to item number 22 on our calendar out of number 22 is house bill 330 by chair, lady helton. You have a motion. Second you're recognized on house bill 330 for a brief description.

C

Thank you, mr chairman. This bill seeks to extend the payback period from 30 to 35 years, during which a certain portion of state sales taxes are allocated and distributed to a municipality or industrial development corporation that finances the development of an extraordinary retail or tourism facility project under the act.

A

All right, thank you very much for this description. Members you've heard the description of house bill 330 any discussion.

A

Seeing none we're now voting on house bill, 330, moving on to full finance, all those in favor say aye, all those opposed. No the eyes have it house bill 330 moves to full finance. Thank.

C

A

C

A

That brings us to item number 23 on our calendar item. Number 23 is house bill 1433 and I don't know if chairman holtzclaw has arrived just yet so without objection we will roll him to the hill of the behind the budget calendar without objection so moved.

A

That brings us to item number 27 house bill 417 by chair lady littleton. There she is chair, lady littleton. You are recognized on house bill 417. Do we have a motion? A second. Do you have a motion? A second you're recognized for a brief description.

B

Thank you, mr chairman and committee. This bill says knowingly allowing a child to be within a structure where any of the following controlled substances are present and accessible to a child, any scheduled one controlled substance, cocaine, meth, amphetamines or fentanyl.

A

All right, thank you very much for this description. Members. Any discussion on house bill 417, seeing none we're now voting on house bill, 417, moving on to full finance, all those in favor say: aye, all those opposed. No the eyes have it house bill. 417 moves to full finance.

A

Brings us out item number 28 on our calendars house bill 427 by chair, lady littleton. You have a motion to second. You are recognized for a brief description on house bill. 427. thank.

B

You, mr chairman of committee, under president law, the class e felony of sexual battery is unlawful sexual conduct with a victim by the defendant or the defendant by a victim, accompanied by any of the following circumstances.

B

Force or court urgent is used to accomplish the act. The sexual contact is accomplished without the consent of the victim. The defendant knows, or has reason to know that the victim is mentally defective, mentally anticipated or physically helpless.

B

This bill adds that the sexual contact with the victim occurs during the course of a consultation, examination, ongoing treatment therapy or other provision or professional service described the defendant, whether licensed or not by the state is a physician psychologist, psychiatrist, therapist social worker nurse, chemical dependency, counselor member of the clergy or any other person that provides a reports to provide treatment for a mental, emotional or physical condition.

A

All right, thank you very much for this description. Remember any discussion on house bill. 427, representative freeman.

M

Thank you, chairman, and just so that I make sure I'm fully understanding. This is any relationship with any of these. It's it's the relationship with the therapist or the clergyman or the social worker. It's not the the individual's inability to make the consenting decision is that I'm asking that clearly is it? Is it somebody that's of limited mental capacity that they have to know or is it just? If you have this professional relationship, then you can't consent.

M

B

So it's meant the intent is if they are incapacitated, if they're there for mental health or for treatment, then it's okay, if they're not there for after the treatment, but they shouldn't be involved with a patient while they're under their treatment.

A

M

A

All right further discussion on house bill 427, seeing none we're now voting on house bill, 427, moving on to full finance, all those in favor say aye, all those opposed. No the eyes have it house bill 427 moves to full finance.

A

All right that brings us to item number 30. item number 30 on our counters house bill 951 by chair lady littleton. You have a motion to second you're recognized for a brief description.

B

Thank you, mr chairman and committee. This creates a name misdemeanor for the offense of neglect that I can't talk today by actor admission engaged in the conduct that places a child in intimate danger or death, bodily injury or physical or mental impairment. It creates a class d felony if the offense is that places a child that is eight years of age or less at intimate, danger, death bodily uh injury or physical or mental impairment.

B

N

B

To me by the da's last year and got caught up in the covet.

A

All right, thank you, chair lady, for this description. Members. Any discussion on house bill, 951 questions been called the objection calling the question hearing none seen. None we're now voting on house bill, 951, moving on to full finance, all those in favor say: aye, all those opposed know the eyes. Have it house bill 951 moves to full finance. Thank.

B

You, mr chairman committee,.

A

All right members item number 32 on our calendar will be our the next bill up house bill 656 and that's going to be by chairman moon, sir. You have a motion and a second and you are recognized for a brief description. It looks like there's an amendment that we need to put on this uh house bill. 656, that's going to be drafting code 8093.

A

Is that correct that.

E

Is correct, mr chairman of members, the amendment deletes the language from the original bill to remove the stipend and reimbursement scheme for this for certain persons, and that was a sticking point that will eliminate the 149 500 fiscal note. Sir.

A

All right, thank you very much and you do have a motion. Second members, you've heard the description of amendment 8093, any discussion hearing, none we're now voting on house bill, 8093, moving we're now voting on the amendment 8093 to house bill, 656.

A

I'll, get it right. All those in favor say aye all those opposed. No the eyes have it we're back on the bill, as amended. So you're recognized on the description.

E

Thank you, mr chairman members. All this does this bill puts the municipal certified finance officers on the same program as the county. Certified financial officers 2007, the municipalities were put under this program. It was very punitive, it wasn't optional.

E

10 years later the counties came under a program similar and it was optional, provide a stipend, so they just put these equal. Now, both both programs will be 16 hours of continuing education.

A

All right, thank you very much for this description. Remember any discussion on house bill 656, seeing none we're now voting on house bill, 656, moving on to full finance, all those in favor say: aye, all those opposed. No the eyes have it house bill 656 moves to full finance. Thank you, mr chairman.

A

All right that brings us to item number 35. item number 35 on our calendar is house bill 1039 by chairman vaughn. You have a motion and a second you are recognized for a brief description and it looks like you've got an amendment that we need to attach to house bill. 1039 that amendment that I have is 6977 is that correct? We have the same amendment, mr chairman. Well, let's roll with that one! Is there a motion?

A

It's already been adopted.

O

Yeah, I thought we adopted it before we went. We parked behind the budget. Well,.

A

You are correct and I was just checking to see if you were paying attention. You are recognized. You passed the test, you're recognized for a description, sir.

O

Thank you, sir. This is an unemployment rate, trust fund reform act prior to the pandemic. Our fund was ranked the 31st. uh I guess you could say the 19th least solvent trust fund in the country by the department of labor. As we know, the pandemic required an infusion of cares, act money to keep the solvency up the bill. You have in front of you today contemplates a 25 a week benefit increase, yet the duration of the benefits will be tied to the unemployment rate at the time begins at.

O

Currently, we have 26 weeks guaranteed. What this will do is reduce the amount of guarantee from 26 weeks to 12 weeks, if we're five and a half percent unemployment or less and then for each half percent it grows it would it would increase.

O

We have contemplated giving the department of labor an extraordinarily long time period to deliver this. It would come into effect december of 2023.

O

So with that, we believe that all the covid issues will have come through the pipeline and we can begin afresh, and so that's what 1039 does.

A

All right, thank you very much for this description. Memories. You've heard you heard the description. Any discussion on house bill, 1039 cnn, we're now voting on house bill; 1039 movie! Oh I'm sorry, leader, camper.

D

I'm sorry, mr chairman, I thought you saw my hand uh representative.

D

You know I've had concerns about this field, about cutting to 12 weeks when oftentimes you have um people whose particular career field is difficult to find employment if they were impacted by some pandemic or anything else that their career field was impacted by, and so they may need the extra weeks you know to get re-employed.

D

So I'm wondering why did we choose 12 weeks to cap from 26? Why do we cap it at 12 and does this deal with just across the board or if you're, in a particular career field where you just haven't, regardless of what the unemployment rate is you're, just having a hard time trying to get employment.

A

Chairman vaughn.

O

uh Well, uh leader, the the bill contemplates a situation where it follows the premise that if unemployment is low, then it should be easier to find a job in a opportunity where there are more jobs available.

O

We see today, there's almost a quarter million jobs on jobs for tennesseans, we're seeing restaurants not being able to reopen, because they can't find people to work, we're seeing orders in warehouses not being able to be fulfilled because there's no warehousing workers, and why is because the government has created a competitive playing field with businesses, and I guess it gets to the core function of.

O

Is unemployment a bridge to a better over through a rough patch, or is it adopting a new lifestyle and that's kind of unfortunately, we're loving people in this environment trying to do the right thing, we're heaping benefit upon benefit and there's, unfortunately, there's a negative reaction into it in some places. This is our first attempt to try to bring that in uh with regards to benefits here in the state. The now remember it starts at 12 weeks, but it can go back up to 20.

O

all depending upon the amount what the unemployment level is, and so, when we looked at it frankly, it was a it's a math equation. It's how do you replenish a trust fund that needs more money into it? You can't do that by continuing your expense level at the same rate, and so what we're trying to do is keep our businesses competitive, yet also offer people uh who are going through a rough spot, an opportunity to help lessen some of that burden. Leader camper.

D

Thank you, mr chairman, and I understand, there's a perception that people aren't looking for jobs in this market because they believe that you know the government is paying them x amount of dollars. I don't think that's preponderance of the people. It may be a few people. That's doing that. I'm not going to argue that point. A lot of these other jobs, that's being offered that you're talking about are there barriers for some people and getting those jobs.

D

So I think we need to consider that as well, and if I hurt you correctly, the 12 weeks, which was my question about why we capped it at 12.. The 12 weeks is if unemployment is at five and a half five.

O

Five and a half or less.

D

Five and a half or less then that's when the 12 weeks would kick in if you will and if it's above that it will be at the 20-week level.

O

For each half percent it will rise a week.

D

Okay, all right so it's six percent, then it will go to 13 and so forth. All the way up, 220. 20, is still the cap versus.

E

D

26., that's correct.

E

D

Chairman you're.

E

Fine, thank you chairman.

D

Doesn't mean to have a running debate uh say that again, I'm sorry! Thank you. Yes,.

O

Ma'am 20 would be the the maximum uh benefit, and what this bill is proposing is a 100 a month increase uh across the board, no matter the results, even if someone was only getting 25 dollars a week prior under the current system, they would be doubled to 50 dollars a week and then on the max side. Currently it's 275 this would. This proposes a 300 a week, maximum benefit so we're increasing it by 25 and we've played with that not played with it.

O

That's a we've considered a number of different uh values and howing to how to get this equation plugged in right to where we aren't necessarily we're not just arbitrarily fully 100 cutting, but we're also making adjustments throughout the system.

D

Leader camber. Thank you, mr chairman. Thank you, mr sponsor.

O

A

Further discussion on house bill, 1039 cnn we're now voting on house bill 1039, moving on to full finance, all those in favor say: aye, all those opposed. No the eyes have it house bill. 1039 moves to full finance brings us to item number 36 item number 36 is house bill 226 by chairman vaughn.

A

Sir, you are recognized, you do have a motion. Second, you recognize for briefing. Thank you, sir.

O

This bill uh we've seen through the pandemic, there's been lessons learned some good lessons, some bad lessons. This is a workforce development bill for populating the medical laboratories across the state.

O

What this would do is this would bring us into compliance or similarly to several other states across the country to where we follow the clinical laboratory improvement amendment guidelines, which are federal guidelines as opposed to our state licensure law.

O

In addition to that, there's a few other changes, but these were all contemplated in the governor's executive order and what we found out was when the rules were changed through the covet epidemic, we saw a larger workforce migrating into these laboratories, and so what we've seen is uh the workforce has been enhanced for these folks as a result of following these guidelines.

A

All right, thank you very much for this description. Remember any discussion on house bill. 226 questions been called an objection, calling the question hearing none, seeing none we're now voting on house bill, 226, moving on to full finance, all those in favor say: aye, all those opposed. No the eyes have it house bill 226 moves full to full finance. Thank you, sir, and that brings us to item 37 of the chairman vaughn legislative package. Today, that's house bill 443, you have a motion and a- and it looks like there is an amendment by chairman williams.

A

So let's go to chairman williams, you're recognized. Thank you, chairman members,.

N

I move uh uh the first amendment drafting code, eight one one, one.

A

Okay, you have a motion a second, you recognize for a brief description.

N

I have one additional technical amendment to follow. After should we put it on or uh we'll.

A

Go ahead and put this one on and then we'll put the other okay.

N

So this this amendment uh modifies the current statute, uh while chairman of commerce was gleefully riding a farm tractor, getting therapy in west tennessee, he and I was working. He and I were working on this amendment, but what it does it expands the current gme practice.

N

That's currently going on in the state expands it by an amount of four million dollars equivalent to whatever the rate is for the going practices that are for residency programs across the state.

N

The chairman has been actively involved with this process for the last two years, and so that is a recommendation of his work, also in this bill and uh there's a section which provides for new d.o residency program which would be housed at lmu, which would allow for the reinvestment of 1.5 million dollars in reoccurring funds to stand up this d.o program, which would allow for residency uh programs in rural tennessee, one in each of the three grand divisions.

N

uh With that description. Chairman I'm happy to answer any questions you might have all.

A

Right, thank you for this description. Members. Any discussion on drafting code, eight one 8111 before we go to leader camper. I would like to go to the sponsor and let's hear from the sponsor to make sure this. He does view this as a friendly amendment.

O

Yes, sir, mr chairman, I do view it as a friendly amendment. All.

A

Right, thank you, leader, camper you're, recognizing thank.

D

You, mr chairman, mrs mr chairman, does this amendment take uh mahari and mtsu out of the equation.

N

Chairman williams, thank you, uh no leader camper. What this bill does it just restates what the current practice is, because the way the residency program is set up through tenncare. This just allows for the money to flow through t heck to tenncare, and it would still be distributed the same way it does for that four million dollars so currently mahari vanderbilt are able to participate in gme programs which are managed by department, health, tenncare, etsu and university of tennessee. Okay,.

D

Thank you, mr chairman. All.

A

Right further discussion on amendment eight one one one seeing none we're now voting on amendment eight one one one to house bill, 443, all those in favor say aye, all those opposed. No the eyes have it. We are back on the bill as as amended, and we are now back to chairman williams for amendment number, two eight one two eight is the drafting code. I have is that correct.

N

A

Yes, sir, we have a motion a second on the amendment.

N

Thank you, chairman hicks members. All this bill does is change um the language to say, they're, going to follow the similar process instead of the same process that they're currently using for the gme programs at ut, etsu, department of health and tenncare.

A

All right, thank you for this description. Remember seeing discussion on amendment eight one, two, eight seeing none we're now voting on amendment eight one, two, eight on to house bill, 443, all those in favor say aye, all those opposed. No, the eyes haven't we're back on the bill as amended and chairman vaughn. You are recognized on house bill 443 as amended. Thank.

O

You, mr chairman, and thanks to chairman williams, for uh cleaning up the the appropriation side of this this equation. uh Ladies and gentlemen, what this, what this new program that we're setting up will do will be allow the medical colleges throughout the state to run their own residency program as opposed to it flowing through cms and tenncare through the hospitals. This is a managed program that the university, the med schools will because what we've seen is when it comes to the less lucrative medical professions.

O

Sometimes those spots there's not enough spots for the residencies that will that will steer people towards those fields, leading us again in a workforce development situation where we're actually graduating more med school students than we have residencies, which ten lends to itself to less doctors in the future living here in our state. So that's what this bill does, and I appreciate your support.

A

All right, thank you very much. Chairman vaughn, remember, you've heard the description of house bill 443. Is there any discussion on the bill?

A

Seeing none we're now voting on house bill 443, moving on to full finance, all those in favor say: aye, all those opposed. No the eyes have it house bill 443 moves to full finance. Thank you all. Thank you, chairman.

A

All right. That brings us to item number 43 on our calendar out of number 43 on our calendars house bill 1246 by representative calfi. You have a motion a second, so you're recognized on the bill for a brief description.

E

Thank you, sir. This is a bill that should have been done quite a few years ago. In my opinion, it's a student's right to know, and uh it covers the uh the uh thing: the advantages of middle collie or community college tcat, the four-year colleges and also addresses what you can learn. What will help you in the military and I made a misstatement here the other day I said it's going to be managed by the tennessee department of education, it'd be t-heck.

A

Okay, thank you very much. All right, you've heard the description on house bill 1246 any discussion. Seeing none we're now voting on house bill, 1246, moving on to full finance, all those in favor say aye, all those opposed. No the eyes have it house bill 1246 moves to full finance. Thank you, chairman and committee. Thank you, representative calvi. That brings us to item number 47 on our calendar item number 47 is house bill 22 by representative gillespie.

A

You have a motion a second. You are recognized for a brief description on house bill. 22.

J

Thank you, mr chairman and committee. uh What this bill does is it will increase the penalty for organized street racing or drag racing from a class b misdemeanor to a class, a misdemeanor right now, where I live, and throughout the state and the country for that matter, drag racing is becoming uh more and more prevalent and it's dangerous, and I hope that by this body taking up this matter will save lives, and I believe this bill will help save lives without a uh any questions.

A

All right, thank you, representative. Sorry, members, you've heard the description. Any discussion on house bill, 22, representative freeman.

M

Thank you chairman and the sponsor. Thank you for bringing this. This is. We've talked about this a couple of times. This is a big problem in my district and across the state, and for for those of you that have districts where this isn't a problem, you're fortunate, because it's um uh it's it's, it's prevalent, it's damaging to the community and it's extremely dangerous. So hopefully this will do a lot to start to restrict that. So thanks.

A

All right, thank you very much. Members further discussion on house bill 22., seeing none we're now voting on house bill, 22, moving on to full finance, all those in favor say: aye, all those opposed. No the eyes have it house bill 22 moves to full finance. Thank you, representative.

A

All right. That brings us to item number 52 on our calendar. Number 52 is representative hall and I do not see him, but we will without objection. We will roll him to the heel of the calendar without objection so moved. That brings us to item number 53 out of number 53 is house bill. 713 by representative hurt, sir. You are recognized. You have a motion. The second you recognize for a brief description.

H

Thank you, mr chairman house, bill 713 addresses bep funding following students that, because of a student's treatment plan from a qualified physician, are sent to an out-of-state facility, it allows the facility to receive bep funding for educational services, provided during behavioral treatment. These facilities, educational programs, will be qualified by the department of education.

H

It also clarifies that only when all options in tennessee are exhausted, then the bep funds can follow the student.

E

Without renewing my motion.

A

All right, thank you, representative, hurt members. You've heard the description. Any discussion on house bill, 713 hearing, none, seeing none we're now voting on house bill, 713, moving on to full finance, all those in favor say: aye, all those opposed, no the eyes have it house bill 713 moves to full finance. Thank you, mr chairman.

A

All right that brings us to item number 59 on our calendar item number 59 is house bill 9 by representative reedy. You have a motion. A second you're recognized, sir, on a brief description of house bill. 9.

E

O

Chairman and members, this is a bill that I've been working with commerce and insurance for about six years now, with that, it.

E

It started out as a locksmith law, five 5000 licensed locksmith. I I do want to say thank you to nfib afp and the beacon center, as well as senator mike bell and chairman whitson. We have worked on this bill. um What we found out was a good idea, but a bad law with that, mr chairman I'll, take any questions.

A

All right, thank you for this description, representative, reedy members. Any discussion on house bill, 9., chairman williams, all right question has been called the objections, calling the question hearing none, seeing none we're now voting on house, bill, 9 and moving on to full finance. All those in favor say: aye, all those opposed. No the eyes have it house bill 9 moves to full finance. Thank you, sir.

A

All right that brings us to item number on our calendar out of number 62 is chairman baum and sir. You have a motion and a second on house bill 761. It looks like there's an amendment that has been filed by chair lady hazelwood, so we will go to chair lady hazelwood drafting code 7751. Is that correct?

A

That's correct? Do we have a motion? A second on the amendment? We have a motion. Second you're recognized on the amendment for description.

I

Thank you, mr chairman. This amendment simply changes the date. The original bill would uh remove sales tax from gun, safes and safety equipment. This makes that sales tax abatement run from july 1 2021 through june 30 2022. So it's a one-year sales tax relief.

A

All right, thank you for this description. Members in discussion on amendment 7751, seeing none hearing, none we're now voting on amendment 7751, going on to house bill 761, all those in favor say aye, all those opposed, no the eyes have it we're back on the bill as amended chairman baum, you are recognized on house bill 761. thank.

E

You, chairman hicks. I think the amendment describes the bill again. This bill provides a one-year sales tax holiday on gun, safes and gun safety equipment. All right.

A

Thank you very much for this description. Members in discussion on house bill 761, seeing none we're now voting on house bill, 761, moving on to full finance, all those in favor say: aye, all those opposed. No the eyes have it house bill 761 moves to full finance.

A

That brings us to item number 69 on our calendar item number 69 on our counter is house bill 513 by leader, gantt.

A

You have a motion and a second looks like leader, you have an amendment 8124. Is that correct? That is correct. All right. We have a motion, the second on the amendment. You have a motion, the second. You are recognized on the amendment.

G

Thank you, mr chairman and members. What this amendment does. Is it just simply names this piece of legislation, law and order act of 2021.

A

All right, thank you for this description and discussion on amendment 8124. Seeing none we're now voting on amendment 8124, going on to house bill 513, all those in favor say aye, all those opposed. No the eyes have it we're back on the bill as amended, sir you're recognized.

G

Thank you, mr chairman and members. What this piece of legislation does is uh it's got four sections and I'll go through these, as briefly as I possibly can, mr chairman, the first section increases the penalty of incapacitating, a highway or other passageway to a class e felony and a mandatory fine of three thousand dollars.

G

Section two creates criminal immunity for prosecution for any drivers who are exercising due caution, who unintentionally, cause injury or death to a person illegally obstructing a roadway section, three creates a class, a misdemeanor for a person who throws an object at another, with the intent of harming the other person while participating in a riot and a class e felony for a person who throws an object at another and causes bodily injury while participating in a riot section.

G

4 creates a class, a misdemeanor for a person while participating in a riot who, who intentionally intimidates or harasses an individual in a public place who is not participating in the riot.

A

All right leader again, thank you very much for this description. Members. Any discussion on house bill, 513, representative freeman.

M

Thank you chairman um question to the to the sponsor, so it remove is removed. Sorry no removes is the word. I'm trying to say uh removes the um liability from somebody if they, if they are driving through um someone blocking the road and unintentionally um injure them, is that did I understand that correctly.

G

That is correct.

A

Representative.

M

So so, following that same rationale, if, um if I'm being blocked, um say coming into the capital and I'm using due caution, but I've pushed my way through, my understanding is today that that is assault. If you bump into someone like that, why would we remove the same protection we have um from somebody with their body running into somebody that that I'm not likely to cause death or heavy bodily damage, but yet we're removing that? What's the what's, the reason for for removing this liability.

E

G

Thank you, mr chairman. This portion simply targets bad actors who refuse to allow innocent individuals who would like to remove themselves from a potentially dangerous situation to do so.

G

Representative.

M

Freeman and- and so someone exercising their first amendment rights is, is it now fair to say that they have have reason to believe that they could lose their their life from that from someone.

G

Later gant, if, if somebody driving like the example you just gave and they intentionally target somebody they're going to jail.

A

Representative freeman.

M

So so saying intentionally target. If, if I'm I'm driving down the road and there's a there's a march, that's blocking the road. I get that. But if, if I'm just ready to leave and I feel threatened, I'm I'm authorized to to begin to to drive for I'm not I'm. Can you explain the process with how that would that would operate.

G

Later gant, just like in any other situation now before this legislation, there's going to be an investigation and the judge would make that and jury would make that call if it goes to that point in the law.

A

Representative freeman.

M

Yeah I I guess I appreciate the the some pieces of this bill uh and and understand kind of where this is coming. I just have a great deal of of issue with us, giving any situation I mean we we had in virginia. There was a gentleman who drove through a crowd. I know, that's that's not directly what this is, but it would at least give a path for for them to have to prove that it wasn't intentional potentially, and I I'd.

M

Genuinely appreciate you and the work that you do but, but I think that um I think I think we're better than that than this bill here in tennessee and um I'll, be voting against it and would encourage anybody else. Who agrees with me to do the same.

A

G

Thank you, mr chairman. uh I think that you know I can think of many examples where, if, if you intentionally target somebody just because you don't believe with a political banner that they fly and you specifically target somebody, that's uh on the sidewalk in the street, you know you're going to jail for that and right now, before this legislation, we have a full investigation that takes place, and this doesn't change that so.

A

All right, thank you very much. Further discussion on house bill. 513 cnn we're now voting on house bill, 513, moving on to full finance, all those in favor say: aye, all those opposed. No the eyes have it house bill 513 moves to full finance.

A

All right that brings us to chair lady hazelwood, chair lady hazelwood, has item number 74 on our calendar house bill 130.

I

Thank you, mr chairman, and uh this bill does have an amendment. Okay,.

A

Do we have a motion to second on house bill 130.? We have a motion to second direct and we do have an amendment drafting code. 7755. Is that correct? That's.

I

A

Have a motion. Second, on the amendment, we have a motion a second, you are recognized on the amendment.

I

um Thank you, mr chairman, and this this is a bill with which um all of you are very familiar, and I won't make you wait through being on my soapbox one more time, but just briefly, this is the bill that will raise the payment for those folks, our dsps, who care for the developmentally disabled in this state. It will bring their pay up to 12.50 per hour, which is a big increase from the 10 that they're paid.

I

Now I would submit that this is a great battle one, but there's still a war to be fought and we'll continue to work on that going forward. All right.

A

I'll redo, my.

I

Mission, thank.

A

You very much and you've heard the description of the amendment 7755 any discussion on the amendment. Seeing none we're now voting on amendment 7755 to house bill 130., all those in favor say: aye aye.

I

A

Those opposed no the eyes have it we're back on the bill as amended, and I think you just heard the description of house bill 130 but chair. Ladies, would you recognize.

I

um That was the description of the bill as amended, and with that I would again renew my motion for adoption all right.

A

Thank you very much members. Any discussion on house bill. 130.

A

question has been called the objection, calling the question hearing none, seeing none we're now voting on house bill, 130, moving on to full finance, all those in favor, say aye.

B

A

Those opposed no the eyes have it house bill 130 moves to full finance.

A

And members I'm gonna back up just for one second, and let's go ahead and grab item number 23.

A

Item number 23 on your calendar is house bill 1433 by chairman holesclog chairman. You have a motion in a second you're recognized for a brief description on house bill. 1433.

E

Thank you, chairman committee members, uh 1433. Basically, what it does. It enhances the penalty to a class c felony when a person just discharges a firearm within a motor vehicle.

A

Is the purpose of this all right? Thank you very much. Members you've heard the description and discussion on house bill. 1433.

I

Question bill question.

A

Has been called the objection, calling the question hearing nothing, seeing none we're now voting on house bill, 1433, moving on to full finance, all those in favor say: aye, all those opposed, no the eyes have it house bill 1433 moves to full finance. Thank you, chairman committee members. Thank you, sir. All right members. Let's go ahead and grab item number 52.

A

Item number 52 is house bill 1044 and that's going to be handled by chairman todd chairman todd, you're recognized on house bill. 1044., you have a motion. A second, please continue with a brief description. Thank you, mr.

F

Chairman uh this uh with the amendment 4984, that's, I believe, traveling with it. That's correct. It increases the number of commissioners to the tennessee public utility commission from five members to seven requires any new commissioner being appointed, have no experience in a regulated utility industry and increases from 30 days to 90 days. The amount of time the general assembly has in confirming the commission members.

A

All right, thank you chairman for that description. Members of any discussion, chairman baum.

E

Thank you, chairman, hicks, chairman todd. My question is: is it what's the advantage to having commissioners on this committee who have no experience with regulated utilities chairman.

F

Todd thank you for that question. I'm sure there are multiple reasons, but I think just like in a lot of committees and a lot of boards that we have in the state having some folks that are from outside of that particular interest may bring a different perspective.

F

Just for example, in some of our committees, we on an ag subcommittee, we have a member that doesn't have much to do with ag in his life or career, yet brings a very unique perspective that has really helped us on some legislation even this year. So I think that's just just to having a different perspective and providing some a different point of view that the public, I think, would would want introduced into those board meetings.

E

Thank you, chairman todd. I appreciate that answer and I I appreciate you um handling this bill. I there have been a few people who have brought, who have brought this to my attention that they they that they have a concern that it's maybe unusual to prohibit a member of the committee from having any experience at all.

E

I could see how you might want a committee that has some members that have experience in regulated utilities and some committee members that don't have experiences this bill would seem to prohibit anyone with any experience in the industry from serving on a committee that addresses the industry chairman todd.

F

I don't think that's the intention. I think it and I'd have to double check the wording to make sure, but I don't think that's the intention of the bill. As I understand it, chairman baum.

E

Thank you thank you for that and if you get any new information on that, let me know I've. I guess I've registered the concern for the record and again, if you find out anything else, I'd appreciate finding out, like maybe a a staff attorney for a regulated utility. Would they be prohibited from serving on this commission thanks.

A

Thank you, representative, ogles.

A

I was just following up uh to the previous comments.

E

So does that mean all appointees after this fact will have to have no experience or I'm a little I'm a little confused of that to the sponsor? Thank you, chairman todd.

F

I would point to one of the lines in the bill, except otherwise provided in the previous subsection. Each commissioner must have a minimum at a minimum, a bachelor's degree in at least 33 years, experience in a regulated utility industry in executive level management or in one of the more following fields: economics, law, finance, accounting or engineering, one of the one appointee of the speaker of the senate and one appointee. The speaker of the house representatives in subsection. A three must be a public member with no experience in a regulated utility industry representative ogles.

A

Thank you for that clarification. Thank you. Members. Further discussion on house bill 1044., seeing none we're now voting on house bill, 1044, moving on to full finance, all those in favor say aye, all those opposed. No the eyes have it house bill 1044 moves to full finance.

A

All right that brings us back to item number 77. again. I appreciate your patience. There wanted to pick these two up.

A

All right item number 77 on our calendars house, bill 975 by chairman williams, sir, you are recognized. You have a motion to second. Thank you chairman. It looks like you've got an amendment drafting code 8023. Is that correct? Yes, do we have a motion? Second, on the amendment, all right, you have a motion. Second, you are recognized on the amendment.

N

Thank you, chairman members. Many of you may have heard that nascar intends to bring racing back to the historic fairgrounds motor speedway in davidson county. This legislation allows for such races and related events to be held at the fairgrounds motor speedway to be treated in the same manner as all the other sports related events in the state.

N

When it comes to the tax structure, this bill would authorize events at the speedway in davidson county to be included in sales, tax, local office of sales, tax, local seat, privilege, tax structures currently permitted in tennessee code for these sports venues. uh With that, chairman of members, I'm happy to answer any questions you might have.

A

All right, thank you, members. You heard the description of the amendment any discussion on the amendment. Seeing none we're now voting on amendment 8023 being put onto house bill 975, all those in favor say aye, all those opposed. No, the eyes have it. We are back on the bill as amended and sir. You are recognized on the on the bill house, bill 975 and I think you've already gave that description. So remember. There's any discussion on house bill.

A

975 questions been called objection, calling the question hearing none, seeing none we're now voting on house bill, 975, moving on to full finance, all those in favor say: aye, all those opposed. No the eyes have it house bill 975 moves to full finance. Thank you. Chairman.

A

All right members that completes our calendars and I'm going to go to chairman hawk. Thank you.

O

Mr chairman and great work today, would it be proper to request that all bills, not taking up on the behind the budget calendar, be taken off notice to save those representatives a.

A

Bill slot next year, sir, I think you just made that motion. Is there a second, so without objection so moved? Thank you. Thank you all right. Let's go to chair lady hazelwood.

I

Thank you, mr chairman, finance full will meet at 12 25 in this room and all bills that were passed today from sub to full will be heard in the full finance meeting, we'll be working off the same calendar, we'll save a few trees plus we don't have time to reprint.

I

So please hang on to your calendars and please be back here at 12 25.. Thank you, mr chairman. Thank.

A

You and before we leave hold up one. Second, if you would, I do want to thank I'm not sure you know how it goes that we get to this juncture of session, so we may or may not have another finance subcommittee meeting, and I do want to make sure we thank a few folks.

A

I do want to say thank you to budget director peter peter mueller, also, fiscal review, krysta lee carsner attorneys, joel hayes, loving, middleton dunn, my assistant karen mcmahan research, analyst miranda tunic tanner poss. I also want to thank him also. We want to thank the folks with the librarian archives, and certainly we do want to thank our sergeant of arms, and I also want to thank and the young lady walked out.

A

Her name was miriam and she was the lady that was cleaning the mic today and I'm telling you what I think of everybody in here. She was working the hardest so and our cleaning staff has done that all year. So we do want to certainly say thank you to to those folks as well. So let's give these folks a hand.

F

Chair lady hazelwood.

I

Thank you, mr chairman, and uh we would be remiss if not thanking our chairman for leading us through budget sub this year. I think it's gone remarkably well and we thank you for your leadership.

A

Well, thank you thank you and I hope you didn't just jinx us for the next couple of days. So with that said, without objection, we stand in recess.

A