Tennessee House of Representatives 112th House Local Government Committee, 30 Mar 2021

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From YouTube: House - Cities & Counties Subcommittee - March 30, 2021

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House Cities & Counties Subcommittee House Hearing Room 3

A

Welcomes members and guests the city county subcommittee of local government at this time, I'll ask lucas sessions to take the role. Please.

B

Vice chairman calfi representative chisholm, chairman crawford leader, again here, chairman helton representative miller, vice chairman right, chairman moon president, mr chairman, you have a quorum.

A

Thank you clerk. We do have a quorum and let the record reflect that chairman crawford is present and we've got people that need to be in a lot of places this morning. So without objection, we're going to go ahead and take up house bill 622 by vice chairman rudder. First, if you'll to have a motion on house bill, 622 a motion in a second on house bill 622 last chairman rudder, you're recognized.

C

You chairman good morning, committee so nice to be here bright and early this morning. This legislation is being brought by the tennessee association of human resource agencies in response to the comptrollers 2020 audit. Now.

A

I have an amendment on the bill. I.

C

Do have an amendment on the bill.

A

And the amendment is.

C

um 56-41 is.

A

There a motion on the amendment. We have a motion a second vice chairman rudder. You are recognized on amendment 5641, the.

C

Amendment rewrites the bill, um so, as I said, this legislation is being brought to me by the tennessee association of human resource agencies and in the original draft it included proxy voting. I want to assure everyone that that has been deleted uh in the amen with the amendment.

C

The audit found that the human resource boards were too large and the attendance issues were including were having trouble uh having quorums.

C

So the goal of this legislation is to help alleviate that problem and to continue to have the hras with proper community oversight, and specifically this bill does three things number one: it first re-structures the hra boards number two.

C

The bill will allow for the hras to continue to have electronic meetings and number three. The bill modernizes some language.

C

In the statute, which has not been updated since 1973., that is what the bill does.

A

Question on the amendment is our questions from the committee on the amendments. We have a question on the amendment. Is the objection of the question hearing no objection, we're voting on amendment 5641, all in favor, say aye aye opposed, say no eyes prevail, we're back on the bills house bill 622.

C

And since the uh amendment made the bill, I renew my motion: is there.

A

Any questions on the bill just have.

D

A quick comment as a sponsor: uh I serve on ether board and it's a good bill and it's.

A

Quite necessary, thank you. Is there objection to the question hearing, no objection, we're voting on house bill 622, all in favor, say aye opposed, say no eyes prevail. House bill 622 moves to the next available calendar local government. Thank.

C

You, chairman and committee.

A

Thank you next bill is house bill 155 by chairman haston. Is her motion on house bill 1.. There's a motion in a second on house bill 155, chairman hasten. You are recognized.

E

Thank you, mr chairman. I do have an amendment with this and the amendment.

A

Number is five: four, seven eight. Is there a motion on amendment five, four, seven, eight, we have a motion in a second chairman, hasten you're, recognized on the amendment. Sir. Thank you.

E

Mr chairman, uh this amendment actually just doesn't add anything to the bill. Just delete some language that ecd and the chambers had felt more comfortable with it being out, and so this just removes that language.

A

For the record chairman, can you can you highlight the two deletions? Please? Yes, the.

E

Amendment removes the reporting requirement and the ability to enter into funding agreements with non-government members.

A

Outstanding are there questions to the member.

A

Representative calfi you're recognizing.

D

Is this a bill? I had so much pushback where it would let the cat out of the bag when various locations were competing for a industry or something that uh we we were almost into the non-disclosure the public records, but it gave the the competitors an edge, is and that's been deleted. Is that correct, chairman hasten.

A

E

You, mr chairman, I do believe this takes care of the cat out of the bag problem.

D

Thank you, sir.

A

Is there objection to the question or there any other discussion without objection, we're voting on house bill 155 all in favor, say aye. Amendment excuse me. Excuse me, thank you, chairman. We're voting on amendment 5478, which rewrites the bill. All in favor of the amendment say I post say no.

A

The amendment carries we're back on the bill, which the amendment makes. Is there any other discussion on the bill?

A

Is there objection the question hearing? No objection, we're voting on house bill 155, all in favor, say aye opposed, say no. The eyes prevail. One. Five five moves on to the next available calendar local government. Mr chairman committee,.

A

Next bill is house bill 788 by representative cooper. Is there a motion on the bill? There's a motion and there's a second on house bill. 788.

A

Representative cooper, you are recognized.

F

And members of the committee- it's just a delight to be before your committee this morning, so I want you to know that, and I was here earlier trying to beat you here this bill.

F

788 does just what it says. It requires this state and the county in which the person resided to pay up to two thousand dollars for the burial or cremation of a person who dies from covet 19.

F

If the person's family is financially unable to pay for a proper burial or cremation of the person, and with that uh I do have emotional affairs, I do have a fiscal note. That was bothering me too, but I did seek out in my research to a mr sheehan, patrick sheehan, who is the director over the financial stimulus accountability group and he sent me an email, and I sent it to you. I didn't know whether you had gone or not. If you'd have to like to have this copy.

F

Mr chairman, I'd be happy to share it with you here now about the fiscal note.

F

It says that fema provides financial assistance under the other needs assistance on a provision of the individuals and households, programs to individuals and households with disaster related funeral expenses and under the corona virus response relief, supplemental appropriations act 2021, the american rescue plan act of 2021 fema will provide financial assistance for a funeral cause specifically related to the coronavirus disease for the funeral expenses at 100 federal cost shares, and I just wanted to share that with you and there there are links to this, where you can put it up and read it and I think right now we may be just waiting on guidelines from the uh cd cdc and mr chairman, if you want to make any additional remarks, I'm here now to answer any questions that you may have.

A

Questions from the committee.

A

Vice chairman right, you're recognized.

D

Thank you, mr chairman, and and then to the sponsor. So so, what's the status of your bill, what are you asking us for.

F

Asking for representative.

A

F

F

Thank you, mr chairman, asking uh that uh the fiscal note is uh being uh prepared right now. We know guidelines from the uh from fema so that they know how to appropriate the funds to take care of funeral experiences expenses for families who cannot bury their her loved ones and they have to meet certain criteria.

D

A

Vice chairman, right.

D

Thank you, mr chairman, so the application for relief would be from individuals who have gathered and kept documentation on coronavirus burials and that would be submitted to federal government. It would not be submitted to the state of tennessee. So if that's the case then then this bill is not going to be required.

D

Representative.

A

F

Thank you, mr chairman. uh Somebody has to administer whatever comes out from the federal government. People are going to have to be notified, so they'll know if they need assistance and the funds are going to be from. My understanding will be sent to the state to take care of families.

D

Vice chairman wright, thank you, mr chairman.

D

The way I understood the federal stimulus accountability group report that was out in february was that 163 million dollars was sent to shelby county and shelby county will have money in the coffers to deal with it, but then, since then, paying attention to one of the local tv stations here in nashville.

D

The federal emergency management agency, fema, not the state of tennessee, but fema, has two billion dollars for reimbursement of these expenses and they'll be submitted to fema, not to the not to the state of tennessee.

D

So again I would say: there's not a requirement, there's not a need for this legislation to pass through us, because individuals would have documentation and go directly to fema for the reimbursement of the representative.

A

F

Thank you uh representative right, then we need to notify the people and that, maybe, if you will, I don't know how many roles I've had, but I was just trying to make sure that I was writing and doing doing what I needed to do as far as presenting before you and then there is a need for people to be notified. Maybe an amendment on this bill, I'm with the will of the chair and the members of the committee.

A

Well, we have one calendar left representative cooper bill's been rolled two times if you'd l, if you'd, prefer to roll it to the last calendar that that would be acceptable to the chair.

F

Well, thank you miss uh mr chair and members. uh I think I'll just work on if I can roll it to next calendar last calendar to be fine and I'll look into it, and maybe we can get an amendment on to there to make sure that the people know that they can apply for these funds if they're not able to bury their loved ones.

A

Representative, a leader, gant you're, recognizing thank.

G

You, mr chairman, I I think this is a a good bill and I know where your heart is. uh I was talking legal here and we're reading through the federal administration of this, and it says the assistance is limited to a maximum financial amount of 9 000 per funeral and a maximum of 35 000 per application.

G

So I think the language as the way you've got it would actually make it a smaller amount.

G

So- and this is already part of the federal guidelines, so I I wouldn't think that you would want to negate that to make it where a smaller amount is paid out in the way your legislation is written so um and- and we can get a copy of this to you, so you can read through it and we can obviously do an awareness through the department and you know, make it more available for people to understand what's actually available through fema.

G

So, and this is a fema program that is to help pay for funeral costs for coca-19 related deaths and they released that on march 24th here recently. So the word now is just now getting out and by you bringing this legislation is even helping bring more awareness to it.

G

We just need to make sure that we don't negate what's actually going to be paid out, so I think I think, mr chairman and committee, I think we're already there as far as through what fema is already offering, and I don't think it's your intent to lower that amount with your legislation.

F

And thank you representative. Yet I think you hit it right on the head and exactly what my intent is, and uh sometimes we just don't get the information. Sometimes we don't even have I didn't have the information.

F

Sometimes we don't get what we need to get to understand and make sure that we're doing going in the right direction and I understand, what's being said about representatives from representative wright, and I appreciate working with uh your representatives, wright and representative again, I'm even amendment to make the community aware of what is available and how we can help.

A

Sponsor that probably outside the scope of this caption would would you just consider taking the bill off notice and let's take a look at it in the next section session.

F

I'm at the will of the comm at the chairman, mr community. That's what you desire well.

A

It's it's. Yes, it's your bill and it's not proper for the committee to impose their will on the sponsor. It belongs to you.

F

A

That would be a recommendation to take it off notice.

F

Yes, sir, thank you so much as I said, I'm at the will of the chair of the committee, and I appreciate you taking time to listen to it.

F

A

Representative miller, you're recognized sir.

H

Thank you, mr chairman, and and and what I would recommend uh based on comments by representative again representative wright from standpoint on the local level, we'll just get in touch with our mayors and our council people and make sure they get that word out and and would make their recommendations to every uh county marines in the state that they would make sure the word is getting out to the public so that they can apply for these funds because the funds are already there and and right now.

H

What you want to do is make sure the word is out and no one slips through the crack, and I certainly appreciate that and understand it. So that's just a recommendation. Thank you, mr chairman.

A

uh Leader, gant you're recognized.

G

Yeah, I just want to concur with the comments from representative miller and, if you, mr chairman, could email the fema program information that legal has provided and get that to mrs cooper and as well as everybody on this committee, and that way everybody will have it have all the information about that program. So.

A

Thank you, leader, gant uh sponsor cooper. Do you prefer to take the bill off notice.

F

Yes, sir, thank you without.

A

Objection hearing no objection house bill 788 is off notice.

A

The next bill is house bill 549 by representative gillespie.

A

We have a motion and a second and last meeting the last calendar. We voted on the amendment 5238 it's on the bill, so you're recognized on the bill representative, gillespie.

I

Thank you, mr chairman and committee, uh just to clarify. We don't need to go over the amendment again.

I

No sir, okay, um so uh thanks for having me back um all this bill is doing is adding uh really two words to the existing code, allowing for a deputy, a municipal jailer if they die in the line of duty to receive benefits. These benefits come almost entirely from a pass-through grant from the federal department of justice, and I welcome any questions.

A

Thank you are the questions from vice chairman wright, you're recognized.

D

Not a question, mr chairman, thank you. um I was the one that asked the question where's the money coming from, I'm satisfied with the answer, and I look forward to supporting this bill and thank you, mr chairman, one one.

A

Moment I heard three words: deputy municipal jailer thought there was two words deputy jailer.

A

Did I read it? Did I misread what.

I

This would do would be a a deputy jailer, that's employed from a sheriff's office and a municipal jailer. That's employed by.

A

The community, but your bill tech, says your amendment says deputy jailer. Is that correct or did I miss miss reed.

I

Well, don't say: deputy jailer, yes correct.

A

Okay, now is there objection to the question hearing, no objection, we're voting on house bill 549, all in favor, say aye posts say no. The eyes prevail house bill. 549 moves the next available calendar local government. Thank you. The next bill is house bill 189 by chairman faison. Is there a motion on the bill?

A

We have a motion and second on house bill. 189.

A

Out of order uh chairman faizon you're recognized, and do you have an amendment sir? I.

J

Do good morning committee, it's so nice to be with you all this morning and I do have an amendment with the drafting code. 5892 is there.

A

A motion on the amendment- the set motion is second on amendment you're recognized on amendment 5892.. Thank.

J

You, mr chair and committee, this amendment actually writes the bill and this bill in keeping with how our current theme for being business friendly, especially for small businesses, rural businesses, where some of y'all represent from we have small breweries that are kind of popped up all over tennessee they're, doing a fantastic job, bringing us flavors that we've never had before and currently they're allowed to distribute locally for themselves, 25, 000 gallons in their own communities.

J

This bill, if they're doing a good job making a good product, it would allow them to distribute up to 1800 gallons past their county line throughout the state of tennessee in a year's time and they'll still pay all the same taxes and everything that our wonderful three-tier system does for the big guys.

A

There's motion, and second already on the amendment uh discussion on the amendment which makes the bills we have question on men without objection. Hearing no objection, we're voting on amendment 5892, all in favor, say aye opposed, say no.

A

The eyes prevail, we're back on the bill question on the bill without objection here, no objection, we're voting on house bill, 189, all in favor, say aye posts, say no eyes prevail, moves the next available calendar and local government. This.

J

Is a solid committee, I'm I'm proud of y'all.

A

A

The next bill is house bill 1373 by chairman whitson, chairman whitson, has asked this be bill, be rolled to the final calendar. Without objection, hearing no objection house bill, 1373 has rolled the final calendar.

A

The next bill is by chairman kumar and he's asked that it be rolled to the hill. So we'll move to house bill 838 by representative sparks. Is there a motion? We have a motion and second on house bill. 838 representative sparks you're recognized, sir.

K

Thank you. Thank you chairman. Thank you, committee uh committee. Let me just give you the background of this piece of legislation. uh When I was a young county commissioner um years ago, I always noticed uh top officials getting a big pay raise. It was our sheriff and others, and it was roughly about ten thousand dollars, and I remember we were in tough times in the county. A lot of our counties are in tough times even today during covet, and I remember my.

K

Mayor, I'm sorry, maybe my remember my mayor, making the comment that these that it's the state of tennessee the state done this to us. It's an unfunded mandate, so we blame them on state tennessee. So the first thing I did when I got up here got elected was bring this bill up, brought it up. 11 years ago, brother larry miller. Hope you don't mind me calling you out representative miller.

K

He he was he stuck with me, but we often talk about unfunded government mandates and that's. This is exactly what this is. I mean we're doing, dealing with covid. um I was at kroger last night and a lady told me she said she said she seen my pen and we got talking and she got laid off back in the summer and she um she didn't, have uh she still hadn't gotten unemployment. I said well, my assistant marvin will try to help you with it.

K

You know I hear so many hardships out there, people being furloughed laid off companies, closing we had to shut our business down for a while and um and then I see something like this, where these these top officials are already making good money, they're, making good money, they're gonna get a roughly five to close to ten thousand dollar pay, raise it's an unfunded state mandate and- uh and I know you've got what I say: taxpayer-funded lobbyists that's working against this bill, but who lobbies for just the guy at solid waste the guy at public works.

K

The guy was out there helping with the ditches the other day and the tornadoes and the flooding. When I was a county commissioner, I had to fight to get a guy meet people a measly 25 cents, just the disconnect that I see. So it's an unfunded state mandate. The bill over a 10-year period saves 20 million. If I'd have passed this 11 years ago, we'd put 20 million dollars back in the coffers of our local counties that need that money. They need that money and that's what this piece of legislation is and I'll I'll entertain.

K

A

Questions on the bill, questions being called. Is there objection to the question hearing? No, we have an objection. Do I see two more hands for two more hands see two hands, not three remove previous question. All in favor of the bill say aye opposed, say. No, no bill fails all right. Thank you. Chairman.

K

Thank you, mitty see you next year.

A

The next bill is house bill 1282 by representative beck received an email this morning after asked this bill, be taken off notice without objection. Hearing no objection house bill 1282 is off notice.

A

That brings us to the heel of the calendar.

A

If we could take a brief.

B

A

Okay, do we receive that in email or text.

A

Okay, we've been there's been a request made by chairman kumar to roll this to the last calendar. Is there objection hearing no objection house bill? 1028 is rolled to the last calendar.

A

That concludes today's calendar. Are there any announcements.

A

The chair would like to.

A

Outstanding, that's truly outstanding. The chair would like to take this opportunity to thank every member of this committee and members of staff.

A

We we have a lot of people are putting in 12 and 14 hour days and we've got a lot of experience on this committee and it shows the courtesy that's rendered to the sponsors, your detail, your attention to detail and the chair wants to thank each and every one of you any other announcements.

A

Hearing. None without objection will stand adjourned. Hearing no objection. We are adjourned.

A