Tennessee House of Representatives 112th House Government Operations Committee, 15 Mar 2021

Previous Meeting Next Meeting

⏯

youtube image

►

From YouTube: House Government Operations Committee- March 15, 2021

Description

House Government Operations Committee- March 15, 2021

A

A

A

Similarly, government operations committee for march 15th we'll come to order. Please.

A

Do we have any personal orders seeing none? Madam clerk, please call roll, I'm sorry. Did you have personal order, you're recognized chairman littleton.

B

Thank you, mr chairman. uh I think her leader, lambert's daughter, is in the back room here. They're dressed alike today see her waving stand up honey. Let's welcome her. I can't remember her name.

A

Thank you, mr chairman. I didn't see anybody stand up. Where are they.

A

A

Do we have other personal orders.

A

All right seeing that madam clerk call roll please.

C

Representatives, bird calfi cochran crawford, dixie bazin, johnson, lafferty, lamar, littleton, rudder stewart warner vice chairman reedy, chairman reagan. Here, mr chairman, you have a quorum.

A

Thank you, madam clerk uh members. Today we have several bills in front of us. The first on your agenda is hospital. 61 by representative darby, uh representative darby motion. We have a motion in a second you're, recognized on your bill, sir.

D

Thank you, mr chairman. This is an admin bill that rewrites the reinforcement, sections of the food.

A

Before you go too much further, there is an amendment on your bill.

D

A

And members this amendment is from the chair, so I will pass the gavel to vice chair reading. The amendment number is zero: zero. Four, eight five zero.

E

Chairman reagan, you are recognized on amendment four, eight five, zero, sir. I believe I heard a motion.

A

uh We've got a motion in a second this. uh This is a simple amendment. It's for the purpose of clarity. It changes the word regulation to rule. I move adoption of the amendment.

E

From the committee members, any questions on the amendment questions being called all in favor of adding amendment. Eight excuse me adding amendment four. Eight five zero to house bill 61 signify by saying yes,.

C

E

Opposition, no, the amendment goes on. Mr chairman, back to you.

A

Thank you. Members you've heard that amendment. It was simple and now we'll recognize the sponsor for explanation of his bill as amended. Thank.

D

You, mr chairman, this is an admin bill that rewrites the enforcement sections of the food drug and cosmetic act passed in 1941 by the leading antiquated language and updated provisions to reflect current practices. This bill also deletes the repealer section of the produce safety act. Otherwise it will end july. The 1st 2021.

A

Members, do you have questions of the sponsor uh just a second. Would you would draw that just a second here, uh mr sponsor, do you have anyone to testify.

D

I've got some people here if there was some question. Thank you, mr chairman. I've got.

A

D

People here just in case there was any questions I couldn't answer.

A

Okay, I don't think there was any questions. I'm sorry, please, your motion again, sir.

E

A

Questions been called: is there any objection seeing none? We are voting on sending house bill, zero, zero, six one to calendar and rules, all in favor, say aye aye I'll oppose no bill passes out to countering rules. Thank.

D

You, mr chairman committee,.

A

Next on the agenda is house bill: zero, seven, four: two by leader lambreth. We have a motion in a second leader, lambert, you're, recognized.

C

For an explanation of your bill famous chairman, there should be an amendment that makes the bill that's traveling, with the bill that is tr. My.

A

uh Document indicates is traveling with the bill.

C

Yes, sir, mr chairman, mr this began as a bill that would have banned fulfillment centers. Those are unlicensed entities that handle shipments of wine. We amended that in the committee process, due to the input that we got from several both wineries and businesses and fulfillment centers and now all that does is just bring them into the fold. uh They're licensed and regulated, just like any other um really distributor, but at a lower level than that, so they'll able to be able to continue with their fulfillment center duties.

C

What they've been doing for wineries, but again it will be within the regulation and supervision of abc just like the other entities are.

A

Question has been called. We have no speakers on our list. So members we are voting on uh sending house bill zero, seven, four, two to finance ways and means all in favor, say: aye aye, all opposed no bill moves out to finance ways and means. Thank you.

C

Leo, thank you, mr chairman, if I may just I'm gonna personal privilege. uh Thank you. Thank you, mr chairman. uh Not only do I have my little girl allison with me today, but I will uh would like to recognize my criminal court judge d david gay. I believe he'll be testifying later he's a very dear friend of mine, so if y'all make him feel welcome, judge gay.

A

C

I just wanted to ask: uh is this your first bill.

A

Moving on item number three on the counter leader lamborth, I believe you're up for that one as well, uh although I believe it's being run by someone else, chairman vaughn you're recognized on house bill, zero, seven, six! Four! We have a motion a second on the bill, I'm sorry it was hicks. My apologies representative hicks. You are recognized on the bill.

A

We have a motion in a second on that one uh leader hicks. I believe that uh is there.

F

Amendment on the bill, uh let's see.

A

Wait a minute not this one. Yes, I'm sorry! Yes, there is an amendment on this one, I'm sorry um and as before the chair is carrying the amendment so I'll pass. The gavel to chairman reedy.

E

Chairman reagan, you are recognized on amendment 4852, we have a motion and a second please continue. Sir.

A

Thank you. This amendment is simple: it changes the language to a requirement that the commission meet at least twice a year and strive to meet quarterly the original languages just strive to make quarterly. This uh also changes the word issue and prescribed to promulgate in order to clarify and align with rule-making processes.

A

I stand ready to answer questions. If there are any.

E

Any questions from the committee members on this amendment, seeing none are you ready to vote all those in favor of adding amendment 4852 to house bill 764 by by saying aye he's opposition? Nay, amendment goes on to house bill 764.. Mr chairman,.

A

Thank you, mr vice chair. Now, mr sponsor, you are recognized for explanation of your bill as amended.

F

Thank you, mr chairman. Thank you committee. uh This is from the department of agriculture. It's a soil conservation bill. The original soil conservation statute in tennessee was enacted in 1939, has and has been seldom amended.

F

This bill changes the name of the state, soil conservation committee to the tennessee soil and water conservation, commission and, and the name change of each soil conservation district to the soil and water conservation district. These name changes reflect the focus on soil erosion reduction and the preservation and improvement of state water resources.

F

This bill is just modernized uh and it modernizes the appointments of the commission members and the elections of the district supervisors.

F

This bill just simply takes soil conservation act and brings it up to today's standards, and this bill does not change the current committee committees or districts. It is simply renaming and revising and does not create state committee.

F

It does not create a new state committee and districts. Thank you. Thank.

A

You representative calvi, you recognized.

G

Thank you, mr chairman. This is a good bill. I served on the uh rum cash soil conservation board for several years and, of course, the prime purpose of conserving soil is to keep it out of the streams, and I tell you, if you drive by the city park in kingston right now, there's a huge island there and I've been boating around there since 1970, and that island wasn't there. Our lakes are filling up with sediment. Thank you, mr chairman. Thank you.

A

Chairman reedy, you recognized.

E

Thank you, mr chairman, uh representative hicks. You may have already covered it, but I'm going to ask this question just to maybe reconfirm. Is it your intention that this legislation will not require the current soil conservation districts to be reconstituted.

F

You recognize sponsor. Thank you, mr chair. It does not do that. No okay.

A

Thank you, sir other questions to the sponsor. The question has been called any objection, seeing none. We are voting on sending house bill 764 to calendar rules all in favor, say aye aye, all opposed, nay, bill moves out to calendar and rules. Thank you, mr chairman. Thank you.

F

A

Next on, our agenda is house bill, 768.

A

Representative littleton, you recognized motion. We have a motion in a second.

B

Thank you, mr chairman house, bill 768 makes significant revisions to the child care quality rating improvement system, the mechanisms for conducting quality assessment of child care providers, the child care report card system and the child care rated licensing systems. The new assessment system will replace the current outdated report card system. Dhs has developed an assessment tool to weave the quality and assessment indicators into the licensing rules, so that it is a seamless system for parents and providers to navigate with the annual assessment will no longer be being conducted solely once a year.

B

An annual license renewal component is a eliminating the annual renewal component of the current licensing structure. Will support component will support the new approach to qualify rating, which includes continuous and regular engagement and communication with providers, while not unusual unusual for licensed structures. The annual renewal component of dhs child care license is not necessary, given the oncoming relationship and monitoring activities completed by dhs.

A

Members you've heard an explanation of the bill. Do you have questions of the sponsor.

A

Seeing none we're sending we're voting on sending house bill 768 to finance ways and means all in favor, say aye, all opposed, nay, the eyes. Have it house bill 768 moves to finance ways and means? Thank you, mr.

B

Chairman and committee.

A

um Next on, our agenda is house bill 781.

A

Here we have a motion. We have a motion in a second uh and sponsor you're recognized to explain your bill. Thank you, mr chairman.

C

Thank you, mr chairman. I believe we've got some names on the list for but they're strictly for question answering should any come up that we can't answer this proposed legislation merges the private investigators and polygraph commission and the alarm systems contractors board into one combined program that will be under the authority of the commissioner of commerce and insurance. It's a consolidation, money, saving efficiency measure proposed by the administration chairman, reidy, recognized.

E

Thank you, mr chairman, and chairman bond. This is a good bill. Thank you for bringing it. Thank you, sir.

A

uh Chairman cafe, you recognized.

G

Thank mr chairman, does this have anything to do with bucking bulls? Thank you, mr chairman.

A

Before I recognize that sir, I will remind committee members that uh this committee has long long, viewed efficiencies in combining or eliminating boards that are no longer fully functional as a good thing. This bill obviously, is doing that. I will now recognize the call of the question any objection seeing none. We are voting on sending house bill 781 to finance ways and means all in favor, say aye all opposed, nay, bill moves out to finance ways and means.

A

Next on. Our agenda is house bill 598 by chairman hazelwood.

A

Motion, we have a motion, we have a second.

A

Chairman hazelwood you're recognized for explanation to your bill by the way I'm showing uh an amendment traveling with your bill. The amendment I'm showing traveling with your bill is 003767. Is that correct.

A

Okay, as before the chair has an amendment for this chairman, reedy you're recognized.

E

Chairman reagan, you are recognized on amendment 4853, sir. We've got a motion and.

A

This amendment is a single word change uh from gender to sex and subdivision d3 of section one of the bill. uh That's it it's entirety, standard answer, questions any.

E

Questions on the amendment saying: none all those in favor of adding amendment four, eight five through three to house bill 598 signify by saying aye, any opposition. No amendment goes on chairman reagan,.

A

Thank you and representative primary chairman jesus. You are recognized for explanation. The question has been called. Do we have any objection seeing none? We are voting on sending house bill 598 to finance ways and means all in favor, say: aye aye, all opposed, nay, bill moves out to finance ways and means. Thank.

H

You, mr chairman and committee.

A

Next on the agenda is house bill 120 by chairman whitson. Does the chair hear a motion? We have a motion in a second chairman whitson. Thank you.

I

uh Mr chairman and committee.

A

This chair is showing you uh with an amendment, that's traveling with a bill that amendment is zero, zero one, five, nine three is that correct. That is correct, mr recognized, on your bill as amended.

I

Sir yeah, thank you, mr chairman house. Bill 120 requires any person with a license as a cosmetologist manicurist assessed as testician easy for me to say I never natural hair stylist are barbered to successfully complete a free course on domestic violence, awareness, education, as prescribed by the state board of cosmetology and barber examiners.

I

One time in their career. This course will train these professionals to recognize potential domestic violence and how to share resources with clients they believe are in need. Nearly half of all crimes in tennessee are domestic violence related and tennessee rates. Ninth in the nation for the rate that men kill women, I've served as foreman as a wilson county grand jury for years, and I quickly discovered domestic violence does not discriminate and impacts. Individuals, regardless of race, economic status, age or education level.

I

Most victims of domestic violence will not report their abuse to law enforcement, but they are more likely to tell someone they trust or whom they have a long-standing relationship. Salon professionals see their clients on a regular and routine basis. Even during this pandemic.

I

Salon professionals who typically create special relationships with their clients and hear about their personal lives, are in an ideal and unique position to identify physical signs or abuse like bruises cuts or changes in everyday behavior. This bill does not make salon professionals mandatory reporters and does not hold them civil or criminally liable, or act for acting in good faith or failing to act on information learned from their clients. This bill has a four-year implementation window for current license holders.

I

In closing, I want to thank the ywca nashville and middle tennessee, michelle mallory johnson and her incredible team for working so hard to bring this legislation forward, but also suzanne post for having the courage to speak out and take actions to support and protect every victim of domestic violence in tennessee.

I

Their work clearly demonstrates the power of citizens in our state. To make a difference with that. Mr chairman, I renew my motion.

A

The question has been called: is there any objection seeing none? We are voting on sending house bill, one two: zero to calendar and rules all in favor, say aye all opposed, nay, bill moves out to calendar rules.

I

Thank you, mr chairman. Thank you committee.

A

Next on our agenda is house bill 183 by chairman ramsey. Do I hear a motion?

A

Second, we have a motion in the second chairman ramsey. uh I believe your bill is traveling with an amendment. I show amendment zero, zero. Three, six, nine seven is that correct.

J

A

And I also show a second amendment: zero, zero, four one. Seven nine is that correct. Yes,.

J

A

Okay, there, both of those are traveling with the committee. We need no action on those. uh You are recognized for explanation of your your bill, sir.

J

Okay, thank you, mr chairman. Ladies and gentlemen, this bill essentially addresses one specific title: licensed professional art, therapist and initiates the program to license those in the state of tennessee.

J

The what this bill will do is increase the affordable quality mental health care providers that we have with a positive fiscal note. It will do so, while general generating some revenue for the state the at present. This will fit into the programs that that already are, in the expectation of expansion, uh mtsu starting a graduate program at art of art therapy. uh Due to student interest, that's supposedly going to begin in fall of 2021.

J

There are already seven schools of higher education that have undergraduate programs. It will also fit into the veterans program that we have in clarksville that that second lady karen pence had adopted back in 2017 and promoted for art therapy to deal with ptsd and our veterans.

J

What this bill will not do is stop anybody from using art personally or professionally. It will not add a new regulatory board. The regulatory board is a advisory board. That's within the board of psychology which they agreed to accept into that board.

J

It will not cost the state any money and, and it will not in any way determine the definition of art. So with that uh pending further questions, mr chairman, I would renew my motion.

A

Members you've heard the explanation the bill. Do we have questions?

A

The question has been called. Is there any objection seeing none? We are voting on sending house bill 183 to finance ways and means all in favor, say aye all opposed, nay, you wish to be recorded. There's no see the clerk bill eyes. Have it bill moves out to finance ways and means? Thank.

J

You, ladies and gentlemen,.

A

um For the remainder of the calendar, there are bills that I'm carrying, so I will pass the gavel to the vice chair. You recognize vice chair.

E

Thank you. Mr chairman. Members is item number nine on your calendar house bill 302 board of judicial conduct. Chairman reagan, you are recognized on house bill 302. We do have a motion in a second.

E

Thank you, mr vice chair. This.

A

Bill essentially, thank you, mr chair. This bill essentially extends the board of judicial contact to june of 2025 and requires the board to appear before government operations, joint committee on judiciary and government no later than december 31st 2021, to provide the committee with an update, update on board related activities.

A

uh With that explanation, I stand ready to answer questions.

E

The question has been called on the bill: a further discussion saying: none all those in favor of sending house bill 302 to calendar rules signify by saying aye those opposed, nay, bill, moves forward to calendar and rules. Chairman reagan, next, on the calendar item number 10 house bill, 298 the statewide community service agency, chairman reagan, you are recognized on house bill 298.

A

Thank you, mr vice chair this as introduced. This bill uh extends the statewide community services agency to june 30 2023.

A

By way of explanation for those of you, that may be wondering why this didn't wind up on the consent calendars at my discretion, any questions that were raised in subcommittees or other areas when this bill was uh proposed. Originally, I bumped it off consent and put it on a regular calendar. If there's anybody has questions, I'm I stand ready to answer them.

E

Members, I do need a motion and a sec. We have a motion and a second any further discussion on the bill, seeing none all those in favor of sending house bill 298 to calendar rules signify by saying aye, any opposition no bill passes on to calendar and rules. Chairman reagan, item number 11 house, bill, 297, state textbook and instructional materials, quality. Commission, chairman reagan, you are recognized on house bill 297. We have a motion and a second chairman reagan.

A

Thank you vice chairman reading as introduced. This extends the state textbook and instructional materials quality commission to june 30 2023 and requires the commission to report back to government operations committee no limit no later than december 31st 2021 to update the committee on its progress in addressing the committee's concerns about the commission's answers to questions that were submitted to it by the division of audit.

A

With that explanation, I stand ready to answer questions.

E

Any questions from the membership saying question has been called representative johnson. Please.

E

Your mic's not check your mic again. Please.

A

I'm sorry that mic apparently is not working.

H

Father wasn't a chair here. Can you hear me now there you go okay um with the committee. Is it we have several members who have not been uh voted on yet what is the time between appointment and being voted on.

E

Chairman reagan,.

A

uh Mr chair, we have members of the administration here they're ready to answer that question. If possible, I'd make a motion to go out of session.

E

So at this time we will go out of session mr klein, if you would come forward.

E

Please check the light on the microphone and introduce yourselves for the record. Please.

K

Jay klein director of legislative affairs for the tennessee department of education.

E

Mr klein, can you answer that question or do we need to repeat it.

K

Representative, would you mind repeating the question I think I heard part of it, but.

H

Sure, because we talked on the phone about the time limit between an appointment and when they have to be voted on, because you said I think you said there were like six. Maybe members who had not been voted on yet.

E

Mr klein, please go ahead.

K

I think chairman, yes representative, as we discussed, there have been several members who have been appointed to the commission the way that the statute is set up around the appointment of commission members. If appointments are made, the requirement is that there is a 90-day window once the general assembly comes back into legislative session, for them to be confirmed and for them to proceed operating as kind of full commission members, but the statute does allow for the commission members once they're appointed to function in their roles up until that 90-day mark.

K

Does that help answer your question representative.

H

Sure so I guess the bigger question is: will all all the all of those be voted on during this session? Mr klein.

K

Thank you, mr chairman uh representative, that question would probably be a little bit beyond our role at the department and support functions that we provided. I do believe I've seen several of those resolutions filed in the in the legislative information system, um but, of course that would be up to the the chairman of the of the respective committee.

K

I believe those items are in the instruction subcommittee or the sorry, the instruction full committee, and so that would be up to the chairman and then the sponsor of those resolutions to ensure that they are heard and moved through the process.

H

E

Representative johnson, any further questions seeing none. Thank you, mr klein. So this time we'll go back into session. Any further discussion on the bill for the chairman, seeing none all those in favor of sending house bill, 297 to calendar rules signify by saying aye aye those that oppose nay bill moves on to countering rules. Chairman reagan. The gavel is yours, sir.

A

I need one more.

E

Representative turn the page all right item number 12 on the calendar house bill 296 state, tenncare, pharmacy advisory committee, chairman reagan, you are recognized. We have a motion and a second chairman right now.

A

A motion a second thank you, sir. uh The bill before you 296 extends the state tenncare pharmacy advisory committee to 2027 and again this is on our our calendar instead of the consent counter, because there was a question that was asked. It was answered correctly and innocuously in the subcommittee, but because it was asked, I brought it forward as something other than a consent. Calendar.

E

Any questions for chairman reagan, question has been called. We do have a motion and a second all, those in favor of sending house bill 296 to calendar rules signify by saying aye, any opposition, nay, bill moves on to calendar rules and at this time, chairman reagan, the meeting is yours, sir.

A

Thank you, mr vice chair members, uh of course we're meeting next monday, but a reminder that the uh rule rule review. I'm sorry, rule review committee will be on 29 march, so please make sure that you're available for that uh is there any other business to come for the committee, seeing none without objection. We are.

A

A