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Description
House Government Operations- March 14, 2022- House Hearing Room 1
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A
Thank
you
very
much,
one
other
personal
item
to
be
announced.
Chairman
byrd,
whose
name
was
called,
is
currently
hospitalized.
So,
if
you
could,
please
remember
them
in
your
thoughts
and
prayers.
Any
other
personal
orders
recognize
chairman
warner.
C
Thank
you,
mr
chairman.
Yeah
I'd
like
to
recognize
former
state
senator
jim
tracy.
E
F
Thank
you,
mr
chair.
Ladies
and
gentlemen,
if
you
look
on
the
front
row
here,
beside
david
hawk
is
a
beautiful
young
lady
named
katelyn
when
she
was
born.
I
actually
held
her
on
the
house
floor
10
years
ago.
I
reckons
it
about
10
years
ago,
david
yeah
anyway,
she's
on
spring
break
this
week,
and
I
didn't
know
if,
since
mr
representative
hawk
is
not
on
the
committee,
I
just
wanted
y'all
to
see
this
beautiful
little
girl
that
he
had
something
to
do.
We're
still
wondering
how
that
happened,
but
welcome
young
lady.
A
A
A
second
we
have
a
motion
in
a
second
being
carried
by
chairman's
picky.
Chairman
speaker,
you
have
a
motion
and
a
second
before
we
recognize
you
for
explanation.
Your
bill
is
traveling
with
an
amendment.
Is
that
correct
that.
A
H
You,
mr
chairman,
members,
good
good
afternoon.
Everybody.
Last
year
we
passed
historic,
pbm
reform
legislation
and
one
of
the
intents
of
that
legislation
was
for
pharmacies
to
be
reimbursed
no
less
than
the
actual
cost
of
a
drug
or
device
dispensed
to
a
person
during
the
summer.
It
came
to
our
attention
that,
due
to
a
definition,
issue
that
intent
wasn't
realized
in
the
legislation
this
bill
today
fixes
that
definition
and
ensures
that
the
pharmacies
or
pharmacists
will
be
reimbursed
no
less
than
actual
cost.
H
The
department
of
commerce
and
insurance
to
promulgate
rules
to
allow
for
an
external
appeals
process
for
any
claim
denied
by
a
pbm
requires
all
pbms
to
pay
a
pharmacy,
a
dispensing
fee
at
a
rate,
not
less
the
amount
paid
by
our
10
care
programs
and
requires
that
all
pbms
allow
participants
of
the
pbm
plan
to
use
any
pharmacy
within
the
state
that
is
licensed
to
dispense
the
drug
or
device.
As
long
as
the
pharmacy
agrees
to
accept
the
same
terms
and
conditions
that
the
pbm
has
established
for
at
least
one
of
its
networks.
I
Thank
you,
mr
chairman.
Does
this
bill
require
the
pharmacist
to
let
them
let
the
patient
or
consumer
know
the
cash
price
or
the
pharmacy
or
the
deductible
for
a
particular
prescription?
You.
A
No
thank
you.
Do
we
have
other
questions
of
our
bill
sponsor
seeing
none?
We
are
voting
on
sending
house
bill
2661
to
finance
ways
and
means
all
in
favor
signify
by
saying
aye
all
opposed,
nay
eyes.
Have
it
bill
moves
out
to
finance
ways
and
means?
Thank
you,
chairman
committee.
Next,
on
the
agenda
house,
bill
2667
by
speaker,
sexton
being
carried
by
chairman
vaughn,
we
have
a
motion
in
a
second
chairman
vaughn
and
is
your
bill
traveling
with
an
amendment.
I
believe
it
is
yes,
sir,
mr
chairman.
C
The
the
amendment
makes
the
bill.
It's
zero,
one,
five,
two,
two
three.
A
The
amendment
is
on
the
bill.
This
committee
does
not
need
to
act
on
that.
So,
since
you
have
a
motion
in
the
second
server,
would
you
like
to
explain
your
bill?
I
would
sir.
C
We
all
realize
that
our
health,
the
hospitals
throughout
the
state,
have
going
through
staffing
emergencies.
It
first
became
evident
during
the
covet
issue.
What
this
bill
will
allow
the
commissioner
of
health
to
do
is
to
not
declare
a
state
of
emergency
but
to
declare
a
health
care
staffing
emergency.
C
This
is
recognized
by
the
commissioner
of
health
and
she
reports
it
to
the
governor
as
well
as
both
speak,
the
speaker
of
both
houses.
What
that
will
do
is
that
will
allow
hospitals
to
implement
some
of
the
other
tools
that
were
in
our
toolbox
during
covid
to
allow
them
to
deal
with
short-term
staffing
problems
in
a
hospital,
and
I
can
go
into
those
in
detail
if
you'd
like
sir,
but
I
stand
by
to
take
any
questions.
A
Members
you've
heard
an
explanation
of
the
bill
representative
stewart
you're
recognized.
C
A
Follow-Up,
okay,
any
any
other
questions
of
our
sponsor.
The
question
has
been
called
any
objection
to
the
question:
if
not,
we
are
voting
on
sending
house
bill
2667
to
calhoun
rules,
all
in
favor
indicate
by
saying
aye
all
opposed
by
nay
eyes.
Have
it
bill
moves
out
to
calendar
and
rules
thanks.
Thank.
A
D
D
A
D
Okay,
thank
you,
chairman
reagan.
This
is
a
bill
that
makes
several
changes
and
clarifications
to
the
part
of
our
code
that
governs
charter
schools.
Some
of
these
are
relatively
minor.
I'd
like
to
go
through
them.
The
first
one
says
that
if
a
charter
school
applicant
does
not
have
plans
to
provide
transportation
services,
then
they
don't
have
to
provide
a
transportation
plan
in
their
application.
D
A
third
change
says
that
if
the
lea
changes,
the
grade-
bands
that
are
directed
to
each
school
elementary
school
middle
school
and
high
school,
that
the
charter
school
be
notified
at
least
120
days
prior
to
implementation
of
that
change
in
the
grade
bands,
it
is
my
understanding
that
knox,
county
hamilton,
county
metro,
nashville
and
shelby
county
currently
allow
students
from
outside
of
the
lea
to
attend
schools.
Inside
of
the
lea.
D
This
bill
would
cap
the
the
the
number
of
students
that
could
attend
a
charter
school
from
outside
of
an
lea
at
25
of
the
student
body.
This
also
provides
some
additional
details
on
what
the
charter
school
could
do
if
it
is
over
subscribed.
If
more
students
want
to
attend
the
charter
school,
then
there
are
seats.
Then
the
charter
school
has
to
implement
a
lottery
approved
by
state
government
in
order
to
decide
who
gets
those
seats.
D
This
bill
would
allow
the
charter
school
to
provide
additional
weight
in
that
lottery
to
certain
kinds
of
students
which
include
at-risk
students,
economically
disadvantaged
students
and
homeless
students,
and
then
there's
one
more
change
that
I'd
like
to
highlight.
If
the
charter
school
is
somehow
out
of
compliance,
this
bill
says
that
the
authorizer
would
be
required
to
give
the
charter
school
an
intervention
policy
or
plan
to
give
the
charter
school
an
opportunity
to
get
into
compliance
before
revoking
its
charter
unless
certain
conditions
apply.
D
A
E
Okay,
thank
you,
mr
chairman,
so
wow.
I
got
a
lot
of
concerns
here,
I'll
try
to
keep
it
all
into
one
question
for
you.
So
currently
we
have
about
112
charter
schools
in
the
state
of
tennessee.
Only
five
of
them
are
for
performing
better
than
20
success.
E
E
I
I
see
where
you're
allowing
folks
that
have
are
on
the
board
or
staff
of
charter
schools
to
to
attend
charter
schools.
It
looks
like
everything
we're
doing
here,
allowing
kids
in
from
other
counties
and
allowing
more
of
certain
kids
in
is
to
get
those
scores
up
because
you're
not
because
charter
schools
aren't
able
to
do
it
right
now.
E
Charter
schools
have
not
been
successful,
they
are
not
an
answer,
and
this
sounds
like
it's
doing
everything
it
can
to
give
them
a
few
bumps
and
also
to
stop
them
from
being
closed
down,
like
other
schools
that
already
have
to
go
through
a
process
of
corrective
action
and
you're,
allowing
these
folks
another
way
out
when
they
have
demonstrated
year
after
year.
They
are
in
the
bottom
of
the
barrel.
E
H
E
D
Representative
johnson,
I
don't
think
you're
quite
correct
about
that.
For
example,
this
bill
would
allow
charter
schools
to
give
additional
weight
in
lotteries
to
students
who
are
at
risk
homeless
or
economically
disadvantaged.
E
And
that's
just
going
to
increase
the
amount
of
funding
that
those
folks
are
pulling
away
from
our
traditional
public
schools
charter.
Schools
are
not
an
answer
they
haven't
proven.
We
saw
with
the
asd
that
we
should
have
shut
it
down
and
we're
allowing
it
to
go
on
in
in
some
form
or
fashion.
But
this
is
not
a
solution.
You're
continually
putting
our
traditional
kids
at
risk
and
not
addressing
the
fact
that
our
traditional
schools
are
underfunded
and
you
are
continuing
to
underfund
them
more
with
legislation
like
this.
A
D
Sponsored
comment
there
there's
a
broader
debate
about
charter
schools,
and
I
understand
that
this
bill
doesn't
seek
to
resolve
that
debate.
It
just
seeks
to
clarify
particular
elements
of
the
code
and
some
of
these
clarifications
and
changes,
I
would
argue,
make
things
stricter
on
charter
schools,
for
example,
if
a
charter
school
organizer
has
other
charter
schools
in
an
lea,
then
when
it
comes
forward
with
an
application
for
a
new
charter
school,
the
lea
must
review
the
performance
of
the
other
charter
schools
run
by
this
administrator.
This
puts
in
code
the
requirement
that
that
occur.
D
That
would
be
one
example
of
how
the
bill
would
make
things
more.
Strict,
allowing
charter
schools
to
enroll
with
greater
weight
in
lotteries
disadvantaged
students
is,
is
something
that
I
don't
think
a
charter
school
would
do
if
they're
trying
to
pull
up
their
test
scores.
It's
a
way
to
allow
them
to
provide
broader
services
across
the
community
for
students
who
have
may
who
may
have
unique
and
special
needs.
A
J
Thank
you,
mr
chairman.
I've
got
a
technical
question
right
this
this
bill
as
you've
got
it.
You
said
you
put
a
cap
on
enrollment
of
out
of
county
or
out
of
district
kids,
but
what
you
also
do
is
you're
entirely
removing
the
local
control
right
right
now,
if
a
county
in
this
state
other
than
the
ones
you
mentioned
that
have
made
their
own
choice,
say:
anderson,
county
outside
of
knoxville
county.
J
D
D
This
bill
would
permit
that
to
continue,
but
with
a
cap,
and
so
from
that
standpoint
the
cap
would
make
things
more
stringent
on
charter
schools,
because
they
couldn't
enroll
more
than
25
percent
of
their
student
body
from
outside
of
the
lea.
However,
I
do
think
you're
correct
that
there
are
other
counties
in
the
state.
J
Please
one
yeah,
but
that's
not
exactly
accurate
right.
It's
not
you're
saying
they
could
enroll
right
now.
Let's
take
just
a
random
county
county
county
right
now
has
100
percent
and
all
the
counties
in
the
state,
their
leas
have
a
hundred
percent
control
over
whether
or
not
they
accept
out
of
district
students,
and
you
your
bill,
the
I
think
the
primary
purpose,
but
certainly
the
most
significant
purpose
of
this
bill
is
to
eliminate
that
control
by
the
school
boards.
J
So
the
charters
will
have
plenary
authority
to
accept
those
students
and
the
school
boards
will
have
absolutely
nothing
to
say
about
it,
you're
putting
a
cap
on,
but
that's
a
little
bit,
isn't
it
like
putting
a
ca.
If
I
say
today,
I'm
going
to
put
a
25
000
cap
on
bank
robbery,
if
you
rob
twenty
six
thousand
you're
going
to
jail,
I
just
made
robbing
twenty
five
thousand
legal.
J
D
I
Thank
you.
Thank
you,
mr
chairman.
I
have
a
quick
question.
I
was
re
reading
your
bill
and
it
goes
back
to
the
excuse
me.
One
we
were
talking
about
earlier
is
the
the
closure
or
the
termination
of
a
charter
school.
It
says
the
unencumbered
public
funds
from
the
public
charter
school
automatically
revert
back
to
the
authorizer.
Now
what
if
it
was
the
charter
school
commission
that
authorized
it?
Where
would
those
funds
go.
D
Mr
sponsor,
my
understanding
is
that
this
bill
makes
no
changes
to
the
part
of
the
code
that
would
affect
what
happens
if,
if
a
charter
school
has
debt
and
and
closes
now,
there
is
a
a
part
of
that
section
of
the
code
that
was
altered.
The
part
that
was
altered
was
to
give
the
charter
school
120
days
notice,
when
the
grades
that
are
distributed
to
elementary
middle
and
high
schools
are
changed.
The
charter
school
finds
out
about
that
within
120
days.
I
A
Leader,
they
see
charitable
exercise
privilege
here,
having
done
research
on
your
question
earlier,
there
are
other
provisions
in
the
law
that
take
care
of
your
question.
It
does
not.
This
bill
does
not
change
those
provisions.
D
I
think
just
just
to
reiterate
that
this
bill
doesn't
change
those
procedures,
you're
asking
about
what
happens
to
these
funds
and
you're
correct
the
code
as
currently
written
says
that
unencumbered
public
public
funds
from
the
charter
school
automatically
revert
back
to
the
authorizer.
I
don't
have
additional
information
about
that
for
you.
This
bill
doesn't
change
that,
but
I
am
aware
that
that
section
of
the
code
was
reprinted
when
the
120
day
notification
period
was
was
added
to
that
section.
A
I
see
three
hands,
we
we're
we
are
voting
or
do
you
wish
to
withdraw
your
we're
voting
on
whether
or
not
to
sustain
the
objection?
In
other
words,
continued
debate.
All
in
favor
of
calling
the
question
indicate
by
saying
aye
all
opposed,
nay
eyes
have
it.
The
question
has
been
called.
B
K
A
We
stand
by
the
question
has
arisen
here:
did
you
call
leader
camper's
name,
madam
clerk.
A
Representative
harris
is
sitting
in
for
her.
Did
you
call
his
name?
Okay,
reagan,
votes,
aye,
three.
A
The
bill
moves
out
to
calendar
and
rules,
I'm
sorry
finance
ways
and
means.
Thank
you.
C
C
Thank
you
house
bill
2308
actually
takes
a
bill,
we
passed
last
year
and
moves
it
in
a
in
a
another
direction
or
or
furthers
the
the
bill.
Last
year
we
passed
legislation.
That
said,
you
cannot
share
publicly
photographic
evidence
of
a
minor
killed,
an
automobile
accident.
This
bill
actually
translates
it
and
says
you
cannot
share
photographic
evidence
of
a
minor
in
any
accidental
death
and
that's
what
the
bill
does.
Chairman
of
members
members
you've
heard.
A
The
sponsor's
explanation
do
we
have
any
questions
of
the
sponsor.
The
question
has
been
called
any
objection,
seeing
none.
We
are
voting
on
sending
house
bill
2308
to
calendar
and
rules
all
in
favor
indicate
by
saying
aye
aye,
all
opposed,
nay
eyes.
Have
it
bill
moves
out
to
counter
rules.
Thank
you.
A
K
K
There
is
one
amendment
drafting
code
1378-1,
mr
chairman,.
A
K
A
Committee
members,
you
have
heard
the
explanation
of
the
bill
that
we
have
questions
of
the
sponsor.
Your
your
recognizer
chairman
stewart
primary
representative.
K
J
Yeah,
my
question's,
just
more
simple,
has
tma
taken
a
position.
Have
you
talked
to
the
doctors
and
if
they
have
they
taken
a
position
on
this
bill,
one
way
or
the
other
just.
A
Saying
chairman
stewart
for
those
watching
online,
would
you
explain
your
academic
tma.
K
A
A
Do
we
have
other
questions
of
our
sponsor,
seeing
none?
We
are
voting
on
sending
house
bill
677
to
finance
ways
and
means
all
in
favor
indicate
by
saying
aye
opposed,
nay,
no
eyes
have
it
bill,
moves
out,
finance
ways
and
means.
Mr
representative,
you
are
also
item
number
six
on
our
calendar
house
bill.
874.
A
Thank
you.
We
have
a
motion
in
a
second,
and
I
show
your
bill
is
traveling
with
an
amendment
sir
drafting
code.
13346.
Is
that
correct?
That
is
correct
so
already
on
the
bill,
no
action
required
in
this
committee,
sir
you're,
you
are
recognized
to
explain
your
bill.
K
Thank
you,
mr
chairman
house,
bill
847
is
very
simple:
by
design
it
makes
tennessee
more
attractive
and
competitive
in
recruiting
and
retaining
special
education
teachers.
This
is
a
scholarship
which
pays
750
a
semester
and
upon
graduation.
The
educator
agrees
to
a
three-year
commitment
in
teaching
special
education,
and
with
that,
mr
chairman,
I
renew
my
motion.
A
E
Thank
you,
mr
chairman,
just
a
thank
you.
I
appreciate
this
and
it's
a
good
bill.
C
K
Thank
you,
mr
chairman,
that
is
correct,
sir.
It's
a
contra
contractual
agreement
with
the
educator
in
the
state
and
if
they
choose
not
to
pursue
it,
then
they
are
and
they
are
required
to
pay
the
money
back,
that
they
received
from
the
great
state
of
tennessee.
A
C
And
that
amount
of
payback
is
just
the
750
for
this
additional
scholarship,
or
does
that
include
any
underlying
fees
that
were
taken
care
of
by
the
taxpayers?
Mr
sponsor.
K
C
A
C
Thank
you,
mr
chairman,
glad
to
carry
this
bill
for
the
administration.
A
C
C
E
Thank
you,
mr
chairman.
So
after
talking
to
the
department,
I
put
a
shout
out
to
all
teachers
to
ask
them.
You
know
how
they
felt
about
it
and
we
do
have
a
lot
of
teachers
asking
for
half
a
year
instead
of
a
whole
year,
they're
concerned
about
some
of
the
the
losses
there
and
but
that
was
the
only
big
big
complaint
I
heard
and
then
maybe
finding
some
other
substitution.
C
Thank
you.
You
know
right
now,
the
the
fourth
year
math
is
is
already
in
code
and
in
place.
I
will
say
that
I
think
that
they
there
have
been
in
talks
about
possibly
going
to
one
of
the
sciences
as
well.
I
think
that
that
was
something
that
we
will
be
able
to
get
get
across
the
line
pretty
soon.
A
A
By
speaker
marsh,
you
have
a
motion
to
second
speaker
marsh
and
I
show
your
bill
traveling
with
an
amendment.
I
have
drafting
code,
one
four
one.
Five
four
is
that
correct.
That's
correct!
It's
already
on
the
bill,
no
action
required
in
this
committee.
You
are
clear
to
explain
your
bill.
Sir.
Thank.
L
You,
mr
chairman,
this
bill
comes
to
us
from
the
governor's
office
with
the
blessing
and
help
of
department
of
safety
and
commissioner
long
elizabeth
stroker
and
her
whole
department.
We've
all
worked
on
this
for
quite
a
long
time,
and
what
this
bill
concerns
it.
It
will
deregulate
the
process
of
obtaining
a
commercial
driver's
license.
Removing
barriers,
while
ensuring
the
safety
of
all
tennessee
drivers
will
help
increase
the
number
of
commercial
drivers
which,
in
turn,
will
help
help
address
the
shortage
shortage
of
truck
drivers
and
reduce
the
problem
involving
supply
chain
shortage.
L
What's
going
on
currently
is
the
department
has
got
several
positions
that
are
not
filled
because,
primarily
they
don't
pay
enough,
and
now,
if
you
want
to
become
a
truck
driver,
you
have
to
take
a
written
commercial
driver's
license
test.
If
you
pass
that,
then
you
have
to
make
an
appointment
to
our
driver
testing
center,
which
closest
one
to
shelbyville
is
columbia,
which
is
about
50
miles
away.
Once
you
pass
your
written
test,
you
try
to
make
an
appointment.
L
It's
anywhere
from
six
weeks
to
three
months
before
you
can
get
on
the
list,
go,
take
a
test
and
when
you
go
to
columbia
to
take
the
test,
you
have
to
take
your
own
tractor
and
trailer.
So,
therefore,
you
have
to
hire
your
own
driver
who
has
a
license
to
take
you
there.
It's
a
it's
a
very
hard,
long,
drawn-out
process.
We
found
out
that
these
guys
and,
ladies,
if
they're,
trying
to
become
a
truck
driver,
they
don't
have
this
time
to
wait.
They
need
a
paycheck.
L
So
what
we've
worked
out
with
commissioner
long
and
elizabeth
and
the
department
of
safety
is
to
allow
third-party
testers
to
come
on
site
in
tennessee.
We
used
to
have
this
several
years
ago
and
it
didn't
work
out
right.
So
what
we're
going
to
try
this
time
is
to
bring
on
several
third-party
testing
companies
and
give
the
department
some
extra
funds
to
hire
auditors
to
go
out
and
audit
these
third-party
testers.
L
L
It
also
allows
18
year
olds,
which
not
are
now
not
allowed
to
drive
as
cdl
drivers.
It
allows
18
year
olds
to
drive
within
the
state
of
tennessee,
so
this
is
a
we
finally
get
a
chance
to
capture
some
of
the
high
school
graduates
to
be
truck
drivers
and
teach
them
locally
how
to
drive
before
they
become
long-haul
drivers.
It
also
allows
our
tcats
department
of
correction
department
of
labor,
military
and
veteran
services
to
get
involved
in
teaching
a
lot
of
their
guys
to
be
truck
drivers
with
that
I'll
answer.
Any
questions.
A
I
A
Any
further
questions
of
our
sponsor
seeing
none.
We
are
voting
on
sending
house
bill
2146
to
finance
ways
and
means
all
in
favor
indicate
by
saying
aye
all
opposed,
nay
eyes.
Have
it
bill
moves
out
to
finance
ways
and
means.
Chairman,
remember:
item
number
nine
has
been
taken
off
notice
that
takes
us
to
item
number
ten.
I
pass
the
gavel
to
vice
chairman
reedy.
M
A
M
Thank
you
for
that
any
questions
from
the
members
seeing
before
we
go
there.
I
would
like
to
say
thank
you
to
our
commissioners
with
twra.
They
do
a
great
job
for
the
state
of
tennessee.
The
question
has
been
called
all
in
favor
of
moving
them
out
to
calendar
and
rules
signified
by
saying
aye,
opposition,
nay
and,
of
course
the
commissioners
are
coming.
In
now,
gentlemen,
we
appreciate
you
and
we
we
we
exercise
that
bill
just
that
quick.
A
M
A
M
A
A
A
Therefore,
the
legislature
has
their
ti
hands
tied
for
emergency
rules
as
amended.
This
bill
gives
government
operations
committee
of
either
chamber
the
authority
to
suspend
emergency
rules
for
up
to
90
days.
Initially,
the
suspension
may
be
renewed
for
another
90
days.
If
both
chambers
agree
to
do
so,
this
bill
would
potentially
stop
the
emergency
rule
from
taking
effect
for
it
for
its
the
two
renewals
for
its
entire
108-day
lifetime.
A
A
What
it
does
is
it
gives
the
government
operations
committee
the
power
to
suspend
it
for
up
to
90
days
after
hearing
it
by
way
of
explanation
on
what
that
means,
agencies
come
before
us
with
emergency
rules,
usually
for
one
of
two
reasons:
one
is
they're
going
to
lose
federal
funding
if
they
don't
file
that
rule
quickly
and
two
is
health,
safety
and
welfare.
Now
there's
a
third
reason
sometimes
mentioned,
and
that
is
a
bill
that
we
as
a
legislature
have
passed
that
directed
them
to
immediately
promulgate
emergency
rules.
A
A
We
don't
care
what
you
say.
You
can't
stop
this
bill.
Therefore
we're
not
going
to
do
anything
about
it.
You
can't
make
us
we've
had
another
agency
before
us
that,
when
directed
to
make
an
emergency
rule
in
march
finally
got
the
rule
emergency
rule
out
in
november,
you
know
a
child
could
have
been
conceived
and
born
in
that
length
of
time
and
they
couldn't
get
emergency
rules
out.
M
M
N
Thank
you,
mr
chairman,
michael
driver,
tennessee,
department
of
commerce
and
insurance,
I'm
actually
going
to
let
assistant
commissioner
farley
handle
the
principal
part
of
the
presentation
for
the
department
of
commerce
and
insurance.
If
that
pleases,
you
thank
you.
Thank
you
very.
N
H
H
The
statue
set
strict
guidelines
for
when
merchant
roofs
could
be
filed
and
my
office
has
relied
on
the
merchant
rules
in
several
situations
to
implement
legislation.
Order
when
required
to
address
immediate
life.
Safety
concerns
the
volunteer
firefighter
grant
program
passed
in
2019
to
become
effective
january
1
2021
2020.
H
my
office
headed
to
needed,
to
have
rules
in
place
immediately
to
obtain
the
authority
and
award
and
distribute
the
funding
across
the
state.
Otherwise
we
could
not
have
issued
41
grants
to
the
communities
across
the
state
and
those
are
entirely
in
rural
tennessee
in
2000.
I'm
sorry.
In
2018,
after
the
parkland
school
shooting
school
leaders
across
the
state
requested
a
change
in
the
adopted
codes.
M
Thank
you,
mr
chairman
reagan.
Please,
sir
sir,
continue
can
you
just
speak
specific
to
what
the
bill
does
or
does
not
do?
In
your
opinion,.
H
Well,
basically,
what
it
will
do
is
it
will,
it
will
tie
the
hands
of
our
office
to
be
able
to
implement
rules
when
legislation
is
passed
when
things
come
up
like
the
the
school
shootings
that
we
needed
to
change
the
code
when,
when
there's
life,
safety
concerns
and
what
it
does.
M
C
Thank
you,
mr
chairman.
I
I
thought
that
I
heard
the
chairman
reagan
say
that
this
would
not
stop
the
rules
from
going
into
effect.
It
would
simply
leave
the
door
open
for
us
to
review
those
rules
with
the
option
of
staying
those
rules
or
letting
them
proceed
did
I
was
I
unclear
on
that.
Somehow.
N
Michael
driver
again,
I
I
do
believe
that
that
is
what
the
most
recent
amendment
does.
I
do
think
many
of
the
concerns
expressed
by
assistant
commissioner
farley
remain
on
rules
that
could
be
stayed
or
I,
I
suppose
the
potential
effect
of
rules
being
stayed
on
the
ability
of
departments
to
issue
and
continue
to,
of
course,
enforce
those
rules
in
life
safety
situations.
N
C
N
C
So,
just
to
clear
up
the
confusion
then,
and
I'm
taking
the
chairman's
words
here-
I
think
the
the
emergency
rule
can
still
go
into
effect
and
will
go
into
effect.
That
is
my
understanding,
and
it's
only
if
we
shut
it
down
that
that
rule
would
not
go
into
effect.
So
I
just
don't
want
the
committee
to
be
confused
by
the
testimony
that
we
just
heard,
because
it
certainly
confused
me.
J
All
right!
Well,
what
I
heard
you
say,
and
I
want
to
make
sure
I
understand
your
concern-
is
that
you
could
have
a
situation
where
you
wish
an
emergency
rule
based
on
an
emergent
situation,
a
health
and
safety
issue,
and
then
this
committee,
without
any
further
process,
could
stop
that
rule
for
90
days
or
180
days.
K
J
N
I
think
that
I
we
wanted
to
come
here
and
express
the
department's
concerns
on
how
that
would
go,
can't
provide
a
specific
position
here.
C
H
I
can
only
speak
from
the
department
as
far
as
I'm,
not
speaking
for
the
administration.
I
just
think
it
it
would
the
way
it's
proposed.
It
would
tie
our
hands
to
be
able
to
implement
something
as
far
as
life,
safety.
N
F
F
F
F
F
What
they're
doing
here
is
if
a
department
promulgates
a
rule,
we
will
meet
within
a
month
because
we
meet
every
month
and
we
have
the
authority
within
the
month
to
say
we
don't
like
that
and
stop
the
rule,
so
it
keeps
it
going
from
180
days
to
maybe
a
couple
weeks
or
30
days.
So
I
just
want
to
make
sure,
because
I
don't
feel,
like
that's
truly
been
said
so
far,
and
also
it
puts
another
thing
in
there
that
would
allow
the
department
to
withdraw
rule
right
now.
They
don't
have
the
ability
to
withdraw
rule.
F
There's
an
amendment
on
that.
So
I
just
want
to
make
sure
you
understand
exactly
what
we're
voting
on
I'm
not
weighing
in
for
it
or
against
the
bill.
I'm
just
telling
you.
This
is
what
it
is
and
if
you
see
a
department
up
here,
lobbying
against
the
bill
or
talking
against
the
bill,
that
is
the
administration.
M
O
That's
the
my
first
victory
with
that.
So
and
I
appreciate
that
some
of
the
comments
that
have
been
made
and
just
to
clarify
we
are
here
to
share
what
we
believe
would
be
the
implications
that
occurred
as
a
result
of
the
bill
if
it
passed
as
written
with
the
amendment
for
you
all
to
consider
when
you're
determining
how
to
vote
on
this
bill.
O
So
I
want
to
make
sure
that
that's
that's
what
I'm
trying
to
do
here
today
and
I
hope
that
that
testimony
will
be
helpful
and
I'll
certainly
be
happy
to
try
to
answer
any
questions
that
I
don't
cover
in
the
statement
that
I
provide.
So
it
is
correct
that
there
is
this
amendment
which
allows
a
suspension
of
a
rule.
O
My
understanding
is
that,
as
written,
the
departments
can
pass
an
emergency
role
without
notice
and
that
that
goes
into
effect
immediately,
and
this
would
allow
this
period
of
review
to
occur
where
it
can
be
suspended
for
a
period
of
of
90
days.
And
then,
if
the
representatives
of
both
the
house
and
senate
gov
ops,
acting
jointly
determined
that
an
additional
suspension
of
another
90
days
wants
to
take
place
or
should
then
that
can
occur?
O
So
if
I,
if
I
could,
I
would
like
to
just
provide
an
example
of
when
these
emergency
rules
have
been
needed,
because
they're
not
needed
a
lot
as
far
as
the
department
of
human
services
goes,
which
is
where
I
work,
I'm
an
assistant
commissioner
over
there.
But
there
was
an
example
that
our
folks
provided
me
that
I
wanted
to
share,
because
I
think
it's
important
for
you
all
just
to
be
aware
of
that.
When
you're,
considering
this
bill,
there
was
back
in
2014.
O
Excuse
me:
the
federal
child
care
and
development
block
grant
and
a
reauthorization
act
of
2014
is
the
full
name.
It's
a
mouthful
so
that
passed
in
order
to
stay
compliant
with
the
federal
regulations
and
laws
that
applied
to
our
funding
for
various
things,
in
particular
this
this
particular
act
and
the
services
that
we
were
providing
pursuant
to
it,
we
had
to
put
in
place
an
emergency
rule.
O
So
during
that
time
we
simultaneously
put
in
place
the
steps
necessary
to
put
in
go
through
the
formal
rulemaking
process,
because
again
this
was
a
situation
that
we
had
to
act
quickly
to
ensure
that
we
complied
with
the
new
federal
requirements
and
then
also
take
steps
to
get
go
through
the
full
rulemaking
process
to
make
sure
that
our
regular
rules
were
consistent
with
the
emergency
rule
and
also
with
the
federal
law.
O
O
If
that
change
occurred
in
that
12-month
period,
then
they
would
not
be
entitled
to
that
ongoing
child
care,
so
we
had
to
ensure
that
we
complied
within
the
deadline
to
make
that
occur
and
again
since
this
was
something
that
was
a
directive,
if
you
will
from
the
federal
government
if
we
failed
to
comply
with
that
within
the
deadline
we
were
given,
we'd
have
a
penalty.
At
that
time
it
would
have
amounted
to
five
percent
and
that
would
have
been
a
loss
in
federal
funding
of
about
six
million
dollars.
O
So
again,
not
saying
this
is
good,
bad
or
ugly.
Just
saying
that
these
are
the
types
of
situations
where
emergency
rooms
might
be.
Emergency
rules
rather
might
be
necessary,
and
that's
how
we
have
handled
it
in
in
this
recent
example,
and
I'm
happy
to
again
try
to
answer
questions
as
best
I
can.
G
O
G
So
I
guess
my
question
would
be
the
with
the
amended
version
of
chairman
reagan's
bill
in
the
scenario
you
presented.
Nothing
would
have
changed
other
than
you
would
have
come
to
us
earlier,
rather
than
than
after
180
days
correct,
like
that,
we
would
have
had
the
opportunity
to
take
action
earlier
than
180
days.
No
action
was
taken,
no
negative
action
was
taken,
and
so
I
guess
that's
my
ultimate
question.
What's
the
difference
other
than
having
to
come
before
us
earlier,
where
we
could
actually
take
action?
What's
the
difference
in
30
days
and
180
days?
O
Sure
I
think
the
difference
would
be
that
under
the
amendment
as
I
understand
it-
and
please
correct
me,
if
I'm
wrong
about
this,
I
believe
that
we
were
allowed
to
put
into
place
that
emergency
rule
immediately
and
it
was
effective
immediately
without
notice,
while
at
the
same
time
moving
down
the
regular
path
to
get
the
the
regular
rule.
If
you
will
the
non-emergency
one
so,
depending
on
what
the
deadline
was,
that
could
be
an
issue
again.
G
Thank
you
and
we'll.
Let
chairman
reagan
clarify
it's.
My
understanding,
though,
with
the
new
amendment
the
rule
would
go
into
effect
immediately
and
then
just
at
that
next
regular
meeting
of
gov
ops.
At
that
point
you
have
to
come
and
and
say
why
that
that
rule
is
needed
and
defend
the
rule,
but
we'll
let
we'll
let
the
sponsor
clarify
that.
But
it's
my
understanding,
nothing
has
changed.
The
rule
still
goes
into
effect
immediately.
If
and
again
we'll.
Let
him
explain
when
we
go
back
into
session
chairman.
A
Thank
you,
mr
chair,
since
we're
out
of
session
that,
which
was
explained
by
my
colleague
is
correct.
P
Good
afternoon,
excuse
me
I'm
dr
samantha
beatty
with
the
tennessee
department
of
agriculture,
and
my
initial
comments
were
based
on
the
rule
as
written
without
the
amendment,
but
I
will
say
to
add
to
the
comments
here
today
that,
with
the
stay
of,
in
my
mind,
a
particular
emergency,
which
is
what
I
wanted
to
share
with
you
today,
how
it
could
negatively
impact
livestock
producers
in
the
state,
and
so
we
prepare
every
day.
P
Our
job
is
to
make
sure
that
animals
and
animal
industry
are
protected,
and
one
of
the
things
we
do
is
emergency
preparedness.
Excuse
me
and
much
like
in
people,
animals
get
diseases,
animal
commerce
happens,
24
7..
There
are
animals
on
the
road
right
now.
Tennessee
receives
animals
from
36
states
at
one
plant
every
single
day
in
canada,
and
also
17
states
at
another
plant
on
the
east,
and
so
the
reason
that
I
bring
this
up
is
because
we
have
reportable
and
foreign
animal
diseases
that
are
sitting
at
our
borders.
P
If
you
were
aware
we're
in
the
middle
of
a
response
to
high
path,
avian
influenza,
but
our
partnership
with
usda
is
important
and
they
rely
on
us
to
enforce
some
rules.
I've
only
utilized
the
emergency
rule,
one
time
since
I've
been
in
this
position,
but
these
are
all
available
on
the
web.
But
basically
there
are
response
plans
and
I
work
with
regi.
I
work
regionally
with
other
states,
other
state
veterinarians,
to
decide
how
we're
going
to
respond
with
federal
guidance,
and
one
of
the
things
that
they'll
rely
on
us
to
do
is.
P
P
Amended
would
leave
our
situation
the
same
unless
there
was
a
reason
to
stay.
The
amendment.
M
F
B
Katie
roberson
office
of
legal
services,
the
tennessee
attorney
general,
has
opined
that
once
a
general
assembly
grants
administrative
agency
rule
making
authority,
the
general
assembly
may
only
interfere
with
the
rule
making
process
through
the
enactment
of
subsequent
laws
and
that
a
legislative
veto
may
not
be
delegated
to
a
single
house
or
committee
of
the
general
assembly
without
contravening
the
doctrine
of
separation
of
powers.
Chairman
reagan,.
M
F
B
M
G
Chairman
cochran,
thank
you,
mr
chairman,
and
mine,
is
a
follow-up
for
legal,
also,
while
we're
out
of
out
of
session
just
want
to
so
that
the
attorney
general's
opinion
that
you
just
read
applying
our
current
the
current
amended
bill
to
that,
I'm
trying
to
think
how
to
properly
ask
this
question.
You
mentioned
that
constitutionally.
In
that
opinion,
you
could
not
have
a
veto
power
of
just
one
body.
G
F
Thank
you,
mr
chair,
and
and
legal
from
my
understanding
when
the
house
or
the
senate
stay
a
rule
such
as
what
they
would
potentially
do
here.
It's
not
just
the
committee
that
does
that
eventually
makes
it
to
the
house
floor
and
the
senate
floor,
so
the
entire
legislative
branch
of
government
is
the
one
who
agrees
with
what
the
subcommittee
or
this
committee
did.
Am
I
thinking
correct
on
that.
L
B
F
F
So
it
sounded
like
to
me
that
attorney
general's
opinion
from
1982
said
that
we
constitution
don't
have
the
right
to
veto.
That's
the
word
he
used
or
I
guess
right
now
we're
going
to
say,
stay
a
rule,
so
we
can
do
that
already.
Our
our
laws
are
allowed
to
do
that
at
180
days.
I'm
wondering
what's
the
difference
in
doing
it
180
days
or
within
a
30-day
period.
I
I'm
not
seeing
any
difference
as
what
has
to
do
with
what
you
just
read.
M
A
You,
mr
chairman,
and
since
I
authored
this
bill,
I'll
clarify
the
legislative
intent
behind
it
very,
I
hope.
Clearly,
I
specifically
chose
the
term
suspend
so
as
to
completely
get
around
veto.
A
suspension
is
just
that
this
body
can
act
to
remove
the
suspension.
Just
like
we
can
remove
a
stay.
That's
not
a
veto.
Therefore,
the
attorney
general's
opinion
from
that
standpoint
is
inoperative.
A
Let
me
point
out
too,
that
title
4
chapter
5,
2
8,
which
is
entitled
emergency
rules,
specifies
in
sub
paragraph
d.
Any
action
contesting
a
rule
adopted
in
reliance
on
this
section,
permitting
in
any
action
contesting
a
rule
adopted
and
reliance
on
this
section.
The
burden
of
persuasion
shall
be
on
the
agency
to
demonstrate
that
the
rule
meets
the
criteria
established
by
this
section.
A
Very
clearly
what
that
says
to
me
is
the
agency
is
encumbered
with
the
very
important
duty
of
persuading
anybody
who
says
their
rules
shouldn't
be
in
effect,
and
that
includes
us
most,
especially
us
as
members
of
the
general
assembly,
the
idea
that
they
can
come
before
us
as
one
agency
did
quite
famously
last
year
and
say
we
don't
care
the
rules.
In
effect,
we
ain't
changing
it,
we
ain't
withdrawing.
You
can't
do
a
thing
about
it.
A
A
J
A
A
It
says
up
to
the
bill
says
up
to
90
days
as
a
body.
We
could
choose
any
point
in
between
0
and
90
and
say
we're
suspending
this
rule
for
10
days
until
such
time
as
we
are
satisfied.
As
I
pointed
out,
the
burden
of
persuasion
belongs
to
the
agency,
not
us.
It's
upon
the
agency
promulgating
those
rules
to
persuade
us.
If,
in
the
interim,
we
are
persuaded
by
evidence
that
they
present,
we
can
remove
the
suspension
representative.
M
J
And
I
guess
you
and
I
the
reason
I'm
less
worried
about
this-
I
mean
at
the
end
of
the
day
to
me
we
had
a
big
gubernatorial
election
elected
governor
lee.
As
you
know,
he
and
I
probably
have
a
few
issues
we
disagree
on,
but
he
was
elected
and
you
know
to
me
these
agencies
effectively
that
the
public's
control
over
the
agencies
comes
through
our
statutes
and
comes
through
the
governor's
directive.
So
there's
a
lot
of
public
control.
J
A
There
is
no
change
going
forward
with
what
we
have
always
been
able
to
do.
I,
without
going
through
the
entire
chap
title
four
chapter:
five,
which
would
be
a
burden,
I'm
sure
nobody
wants
to
go
through.
Let's
just
say
that
this
does
not
change
anything
going
forward.
A
We,
as
a
body
can
say
the
emergency
rule
you've
brought
to
us
and
the
explanation
you've
given
us,
for
it
has
not
persuaded
us
and
the
burden
is
on
the
agency
to
do
that.
Therefore,
we
acting
as
a
body
say
the
rules
operation
is
suspended
at
any
time
after
that
they
persuade
us
that
it
is
in
fact
something
that
we
should
remove
the
suspension
on.
We
have
that
power.
J
Just
one
more
follower,
I
mean
the
reason
I'm
asked
is
seems
to
me,
like
you
say:
4-5
has
not
changed,
isn't
4-5
designed
the
reason
you
have
these
180-day.
These
lengthy
periods
is
it's
designed
essentially
to
allow
the
executive
branch
to
take
charge
these
emergency
situations
and
then
really
this
body.
This
committee
can
weigh
in
but
effectively
the
law
is
designed
such
that.
If
the
legislature
wants
to
act
as
a
check,
it
has
to
do
it
sitting
as
a
whole.
J
Essentially,
this
committee
has
the
ability
to
advise:
has
the
ability
to
to
take
positions,
but
because
of
the
timing
structure,
really
that
the
real
check
on
the
administrative
agency
is
the
legislature.
It
seems
like
the
big
change
in
your
bill.
Is
that
now
this
committee,
this
group
really
will
have
the
right
to
stop
an
agency
from
doing
something
and
to
me
my
concern
about
that.
Is
you
know
this
is
a
select
group,
it's
a
good
bunch
of
people,
but
we're
not
the
state
as
a
whole.
To
me,
I
don't
think
we.
J
I
don't
think
it's
a
good
idea
for
us
to
essentially
substitute
our
judgment
effectively
for
our
state's
executive,
who,
of
course,
unlike
us,
was
elected
by
the
people
as
a
whole
and
has
been
essentially
entrusted
with
these
executive
actions.
I
think
the
people
at
tennessee
when
they
think
about
forest
fires,
immediate
safety
issues,
the
kind
of
things
you
get
executive
orders
or
exec
emergency
rules
on.
J
M
M
A
It's
partially
correct,
sir.
The
general
assembly,
as
you
are
well
aware,
only
meets
from
january
until
sometimes
in
may,
this
committee
meets
monthly
as
a
representation
of
that
body
and
exercises
oversight.
On
behalf
of
that
body,
therefore,
I
submit
to
you
that
the
argument
you
put
forward
might
be
valid
at
such
time
as
we
are
in
right
now,
where
we're
in
session,
but
would
not
be
otherwise.