Tennessee House of Representatives 112th House Local Government Committee, 16 Mar 2021

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From YouTube: House Cities & Council Subcommittee - March 16, 2021

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House Cities & Council Subcommittee - March 16, 2021 - House Hearing Room 3

A

It's nine o'clock and I'd like to welcome members and guests to the citizen county subcommittee of local government. This time I'd, ask clerk call the roll please vice chairman.

B

Calfi representative chisholm chairman crawford leader, gam chairman helton representative miller, vice chairman wright, chairman moon president, mr chairman,.

A

You have a quorum. Thank you, mr clerk. We do have a quorum. Do any members have any personal orders I'd like to recognize anyone seeing none we'll start with their first bill house bill 772 by leader, lamberth, presented by representative russell. Without objection, this bill will be rolled one week. Hearing no objection house bill. 772 is rolled one week next. Bill is house bill 1529 by chairman powers.

A

Without objection, this bill will be rolled one week. Hearing no objection house bill. 1529 has rolled one week next. Bill is house bill 1365 by chairman carter, representative smith will be presenting house bill 1365..

A

I do not see chairman smith, representative smith, in the chamber, uh we'll roll this to the heel.

A

Next bill's house bill 35 by representative ogles.

A

Representative ogle's, not in the chambers, without objection, we'll roll this bill to the hill.

A

The next bill is house bill 553 by chairman whitson, chairman whitson is currently presenting a bill in civil justice.

A

At this time. Let's take a five minute recess. Is there objection hearing? No objection will recess for five minutes.

A

Les um sergeant arms, if you'll see if you can find representative smith and representative ogle.

A

We roll both of those to the hill.

A

Okay, we'll go back into session. The next bill is house bill 553 by chairman whitson. I don't see him in the chamber without objection. We'll wrote chairman hitson whitson to house bill 553 to the hill next bill's house bill 335 by chairman hicks. Without objection, this bill is off notice.

A

Hearing no objection house bill. 335 is off notice.

A

Next bill's house bill 788 by representative cooper without objection house bill 788 is rolled for two weeks. Hearing no objection house bill 788 is rolled for two weeks.

A

Next bill's house bill 155 by chairman, hasten without objection house bill 155 has rolled one week. Hearing no objection house bill. 155 has rolled one week next, bill's house bill 1222 by representative hakeem.

A

Without objection house bill 1222 is rolled one week.

A

Representative miller, we received an email last night to the full committee chair and subcommittee chair, requesting a role and we granted the role so we'll we'll roll for one week without objection. Do you object, representative miller.

C

No mister, I just see the representative standing there as if he was about to present so.

A

If you object I'll entertain the objection, we have objection to the role. Yes do we have a motion on house bill, 1222, emotion, we have a motion. Do we have a second? We have a second representative king, your rep making. You recognize on house bill 1222, sir.

C

I just got a phone call in the last two or three minutes. That said, the bill is coming up for me to be here.

A

We have a motion, a second you're recognized on house bill 1222 on the bill, sir. So go ahead and present explain your bill all right.

C

A

C

Mr chairman, uh what this bill does is uh afford municipalities, counties to use contract uh licensed health care providers uh such as psychiatric uh psychological uh persons, and uh these persons are being contracted, they're, not agents of the counties, and as a result of that, we're asking that this what the bill does is. Actually this does not create an action for an individual to seek action against the county if uh they're in this instance, if they're not hired uh for a an employment, I can give more detail if you like, sir.

A

Members heard an explanation: are there questions for the sponsor.

A

Leader again, you're recognized.

D

Thank you, mr chairman. I guess I'm having trouble understanding what the bill actually does. Yes, uh if you could try one more time, okay, I I'm I'm slow. So forgive me no sir, if you don't mind representative.

A

Hakeem you're recognized thank.

C

You, mr chairman, and I will mention that I think I put in the phone call to most all of you prior to this uh today and uh but we have an instance where a jailer uh wanted to be employed by the county and was was not hired because of uh psychological concerns that individual went to the juvenile court and evidently their process is different from that of the county and as a result, that individual was hired uh by juvenile and wanted to bring in action against the county for not hiring them in the first place.

C

And what we're saying is, I don't know if the juvenile used psychological and so forth, but the county uh did and uh found him to be not fit to be a jailer.

C

And uh as a result, this person brought an action against the county for not hiring.

A

D

So what specifically, is this bill? Doing with that analogy that you just gave.

C

That the person the psychiatrist is not an agent of the county, it was a contract employee, and so that puts uh does not put the county in a position of an action coming against the county for the decisions that were made because he's a contract individual.

A

D

I'm good thank you.

A

Representative calfi you're recognized on the bill.

D

Thank you, mr chairman. Now let me make sure I understand this. Somebody had applied for a job with chattanooga or hamilton county hamilton, county hamilton county and when they had a review by a professional psychological person they were deemed unfit for the job, correct, representative, keem. Okay, I'm sorry. Let's.

A

Watch the running dialogue.

D

Okay and uh so now, they're suing the county because they didn't get the job, and this person was a contract employee that decided they weren't capable of doing the job. So this protects the county from future instances like this representative hakeem. Thank.

C

You, mr chairman, that is correct. Sir.

D

A

Thank you, sir. Thank you chairman crawford, you're, recognized.

B

Thank you, mr chairman. uh Now I'm a little confused. I've read this bill several times, so you're saying what your bill does. Is it.

B

It makes sure that this is a private individual that does the mental evaluations from this point forward.

A

Representative keem.

C

Yes, sir, that was the intent that that individual was a contract employee. Well, I say employee was under contract, not an agent of the county. Who did the evaluation.

A

Represent chairman crawford.

B

Well, my concern would be for those counties that already have somebody in place that does the mental evaluations either they've hired someone as as to do that job or at least has a contract with those. So what happens to those people representative.

A

C

Now are these considered employees of the of the counties you're speaking of.

A

Chairman crawford.

B

Some of them could be, but let's say, they're not but they're under contract.

A

Representative mckee.

C

My understanding is what the effort is is for the government, in this instance hamilton county uh not to be, I guess you could, when I say not held liable. An action taken against county government.

A

Chairman crawford.

B

Is this? Is there current litigation against hamilton county and that's why you're bringing the bill representative.

A

Akeem thank.

C

You, mr chairman, there is one individual who who has an action against the county. Yes, sir,.

A

B

Crawford so we're creating law to get out of a lawsuit.

A

Represent representative mckeem.

C

Just one second.

C

It won't affect the current litigation.

A

Chairman crawford, thank you, mr chairman,.

A

Representative keem we're considering this bill for statewide application. Is that correct.

C

uh That is correct, sir.

A

And we're doing that one more time. What's the intent of the bill surf, you can state that clearly.

C

Okay, the intent is for contract the actions not to be taken against a county because of the actions of a contract uh person like a psychologist, because they are not uh agents of.

A

C

A

Represent king, they are agents by contract, they're, not employees, okay of the government, so continue apologize for for interrupting you, sir. No! No! No! No.

C

uh I appreciate what you're saying sir and I stand corrected.

A

Any other discussion representative calfi.

D

Briefly, mr chairman, I agree with what you just said: pat marsh has over 600 trucks on the road and his contract. Drivers, pat, is still a little reliable if they have an accident and kill somebody.

D

So I I'm not a lawyer, but my son is and I've stayed in holidays press, but I really don't believe this adequately addresses that, because, whether a direct employee or a contract employee, I don't think the county is going to get out of any liability by this, but um just my opinion. Thank you, sir representative.

A

A

Representative keem, you recognized sir.

C

If it's acceptable, mr chairman, it there's been some a lot of confusion this morning. If I may, we've contacted uh various members of the committee about talking with them over the next week, but, like I said, I got a call just minutes before I came in here. That says I have a bill and I need to be here and what I'm getting at is representative.

A

Hakeem, who made the phone call my office, I chair the committee. It.

C

Was a lady and I I didn't ask when she told me that I just came straight down.

A

Well, my legislative assistant is not a lady he's a gentleman okay uh leader, gant you're, recognized on the bill. Sir. Thank you, mr chairman, that a.

D

Courtesy to my colleague here, um I think, probably the best thing to do.

D

Let's, let's roll this until we get everything in the right posture and I think a lot of us would feel better about really vetting this, what we're actually doing and so forth. If you don't mind that that's just my suggestion.

A

Leader gantz made a motion to rolls there a second there's, a second discussion on the motion to roll hearing. None all in favor of rolling this one week say I post say no house bill 1222's roll one week. Thank you. Representative.

A

Next bill is house bill 655 by representative hicks of washington. Is there a motion on house bill 655? Is there a motion in a second representative hicks? You are recognized on house bill 655, sir.

D

Thank you, mr chairman. Thank you committee. This bill makes government work better by removing an unnecessarily filing requirement for municipalities and utility districts. Under current law, municipalities, utility districts are required to file their travel and expense reimbursement policies with the comptroller's office. These filing requirements are already being checked for compliance through an annual audit report.

D

This bill eliminates the unnecessarily unnecessary filing requirements with the comptroller's office that municipalities and utility districts do for travel expenses, municipalities and utility districts will still be required to have policies in place and must make them available for audit and review by the comptroller or his designee.

A

Any questions for the sponsor, mr sponsor, is this: your first bill. Excuse me chairman, crawford you're, recognized.

B

Thank you, mr chairman. We were on the same line of thought there. I was going to ask him if this was his first bill in our committee representative.

D

Hicks. Thank you, mr chairman. This is my first bill in this committee. It sure is.

A

Chairman crawford you're recognized, are you.

B

Comfortable that this bill is going to come out of the sub.

A

Representative hicks.

D

Thank you, mr chairman. You all look like a great crew. I'll tell you that.

A

Chairman crawford director follow-up.

B

This comp comptroller is that what you call it is that a boat? What representative.

D

Thank you, mr chairman. Well, uh I think we might have ate dinner with the comptroller last night, so so I know him pretty well so uh he's from our neck of the woods and a good guy.

B

Crawford, mr chairman, the only other thing I would ask is you know a lot of times on first bill presentations in our committee. We ask them to sing the general assembly fight song. I don't know if you want to do that or not, but just wanted to remind you.

A

B

The interest of.

A

Timeless in the interest of time, we will entertain the do. You know the first verse you don't have to sing. If you just quote the first verse that would.

D

Be in order. Thank you, mr chairman. I do not chairman.

B

Crawford he's from meyer, so I'm I'm done with him.

A

uh Representative calfi, you recognize on the bill, sir. Thank you, mr chairman. What's your favorite flavor of ice cream on the bill, sir, it's.

D

Out of order, thank you.

A

Are there any other questions or discussion on house bill 655?

A

Is there objection to the question hearing? No objection, we're voting on house bill 655, all in favor, say aye, both say no. The eyes prevail. Moves the next available calendar local government. Thank you, representative. Hicks. Thank you, mr chairman. Thank you committee.

A

The next bill's house bill 549 by representative gillespie without objection house bill 549 is off notice. Hearing no objection house bill 549 is off notice.

A

The next bill is house bill. 1365 by chairman carter, representative smith, will present house bill 1365. Is there a motion on the bill? Do I have a second? I have a motion and second on house bill. 1365, representative smith, you are recognized thank.

E

You, mr chairman and committee, this bill does have an amendment. It is amendment drafting code, 4625 and at the pleasure of the chairman I'll be happy to get this in. The correct posture is.

A

There a motion there's motion on him. Is there a second there's motion to second on amendment force, 46-25 representative smith, you're recognized on a amendment 46-25.

E

Thank you, mr chairman and committee. um uh I think we all know in the absence of of chairman carter. He would wax and wayne much more eloquently on this, but this is a technical cleanup to a bill that very passionately that chairman carter has worked on. The language that was submitted in this amendment will not make anything more than some to align definitions, and, if I might, at the pleasure of the the chairman, expound a little more on the bill in full without.

A

Objection hearing no objection, you're recognizing all.

E

Right, thank you, mr chairman. The in 2019 this, uh the original fix, was to allow local governments to uh bring use a tool called subrogation for, or recovery of loss when involved with insurance claims and absent the fix in 2019.

E

The only uh remedy that a local government had was to sue its own employees, which is absolutely not what there is ever an intention to do. Should there be a claim, so, chairman carter took a took the large task of taking a language from the tenncare subrogation law and moved it into a fix for local governments, which I do believe there's a number about 13 that are self-insured in the state of tennessee.

E

What has become apparent and the fix that is in this law is to make sure that we identify, through definition, the difference between those self-insured under a local government entity, as opposed to those insured under the tenncare under a a indigent type program, and essentially it just makes that distinction, mr chairman and I'll, be happy to take questions. But this again is just a cleanup bill that will protect the 13 self-insured counties. To have this ability to recover. Have rights of recovery and subrogation.

A

Thank you to the sponsor and for full disclosure. The chairman's home county, blount county is one county that's affected by this bill. We do self-insure. Are there questions for the sponsor on the amendment.

A

We have a question on it without objection. Hearing no objection, we're voting on amendment 4625, all in favor, say aye opposed, say no, the eyes prevail. Amendment 46-25 moves forward back on the bill is a sponsor. Is there any other discussion on.

E

The chairman, I just simply renew my motion and ask that the committee uh respond favorably by support.

A

Is there objection to the question hearing, no objection, we're voting on house bill, 1365, all in favor, say aye, both say no, the eyes prevail. It moves the next available calendar local government. Thank you.

E

Committee. Thank you on behalf of chairman carter.

A

This brings us to the next bill house bill 35 by representative ogles. Is there a motion on the bill? Is there a second there's a motion and second on house bill? 35.

A

representative ogle, you are recognized on house bill 35.

D

Thank you, chairman members of the committee, this piece of legislation deals with gatherings in our homes and places of worship. As you all know, during the last year we've had to deal with some uh trying times.

A

Mr sponsor, is there an amendment to the bill, sir.

D

Yes, sir, uh drafted zero, zero. Four nine.

A

There a motion on 40 amendment 4918.

A

I motion. There is a second there's motion ii on amendment 49-18, you're recognized on the amendment, sir.

D

Thank you, chairman members of committee, this this this amendment, uh which makes the bill deals with gatherings in our homes and place of worship. uh I think uh statewide. We did a great job with this during the last year. I commend our governor as well as members of general assembly and the stances we took. However, there were some very isolated areas in this state where people's rights were revoked and gatherings in their homes and place of worship were limited.

D

They were bullied, they were threatened and members, I think, that's, not acceptable in any way. This does affect my district. I border a joining district in which a lot of my constituents worshiped in that area and this piece of legislation came to me directly from them with that. I think we have testimony chairman.

A

Yes, we had a request proper request from mr david fowler this time, we'd like to go out of session and take testimony so we're out of session.

A

Mr fowler, if you'll introduce yourself to the committee, you have three minutes, sir.

F

A

Okay, your name and your who you represent thank.

F

You, mr chairman, members of the committee, my name is david fowler, I'm president of the family action council of tennessee and alliance for law and liberty, and thank you for the opportunity to speak to this legislation.

F

First, let me join representative ogles in thanking our governor for not mandating restrictions on worship, as other governors have. Second, I want to say that I understand why some would disagree with me about the importance of this bill. If I believed that matter itself is ultimate reality, worship would be nonsense.

F

If I believed ultimate reality was an impersonal mind or spirit. As some do, then I would not know why worship would be essential or even who or what to worship.

F

And finally, if I believed god were divorced from what he created or even divorced from civil government as some believe, then what you do here is none of god's concern. With all of these worldviews.

F

The rights of the majority should prevail if corporate worship might work some disadvantage to them, but I, along with many other tennesseans, believe in a triune god, who has being in himself, therefore lacks nothing, is dependent on nothing and who therefore created all things simply for the sake of his glory and in a way that was intended to reveal and manifest to us his glory. As isaiah said, the whole earth is full of his glory.

F

Thus it would be absurd for me, as a rational, created being not to pay homage to the personal and eternal being who sustains my being at every moment.

F

However, for me, and those who believe with me that the crowning glory of creation was that god made human beings in his own image, then worship is about more than mere duty or obligation, but is essential to human flourishing like food.

F

First, we would realize that god graciously made us in his image in order that we might be capable of knowing god and being in fellowship with him, and it would naturally draw worship from us, even as a beautiful sunset draws forth, our praise and second, we would realize that we were made in his image so that god could communicate to us all things pertaining to true life and godliness ii, peter 1 3.

F

Thus the worship of god is essential to human flourishing, but second, because the glory of god is greater than that of any one man or one woman. It is in human community that we have a fuller revelation of that glory.

F

Therefore, in corporate worship, those who have been joined together in christ have a tangible view of that final and eternal state in which the apostle paul said. There's neither greek nor jew, circumcised or uncircumcised barbarians sit. The enslave nor free, but christ is all in all and therefore corporate worship is part of human flourishing.

F

This is why I believe jesus said we cannot live by bread for alone, for those to whom the restoration of the image of god is their final end and greatest good. Mr.

A

Fowler your time's expired, sir. Thank you for being with us today. At this time. Do the members have any questions for mr fowler.

A

Yes, leader gant you're recognized. Thank you, mr chairman.

D

I was if we could and indulge the witness to continue to hear. I was getting information from what he was saying if we could continue to hear from the witness.

F

I had two sentences left.

A

Without objection, hearing no objection, mr fowler continue.

F

uh I was going to say: worship then provides what bread cannot, as jesus said to the samaritan woman at the well. If you knew the gift of god and who it is, that said to you give me drink, you would have asked of him and he would have given you living water. Thank you, mr chairman. Thank.

A

You members any other questions or comments leader, gant you're recognized. I.

D

Just wanted to thank david fowler for being here. It's, I respect him greatly in his uh role here on the hill, and so I want to thank you for being here and thank you, mr chairman, for letting me continue to hear from him. Thank you.

A

D

A

Other members hearing none, we will go back into session. Thank you, mr chairman.

F

Members of committee.

A

Representative vogels you're recognized on the amendment 49-18.

D

Thank you chairman member of committee. I.

A

Apologize you're recognized on the bill house bill 35 amendments already on the bill.

D

Thank you, chairman members of committee. I actually received some text messages as we were sitting that were some technical questions, and I think it's pertinent that we discussed that with the uh committee members and I uh clarify a couple questions I was asked uh therefore, can uh if it's okay with the- uh and this is my first bill and I do like uh chocolate ice cream so.

A

The first time.

D

I'm before this committee chairman, if you will may can I roll this one week and we can come by sponsor.

A

Asked to roll one week without objection, hearing no objection house bill 35 is rolled one week.

D

Thank you chairman.

A

This time, chair, requests, take a bill out of order. That's house bill 553 by chairman whitson is their objection to taking it out of order hearing none we will hear. Is there a motion on house bill 553, we have a motion in a second chairman, whitson you're recognized on house bill 553.

G

Thank you, mr chairman, and thank you committee. This is a narrowly defined bill relative to only emergency rescue workers. It adds to the existing list of infectious diseases that are presumed to be on-the-job illnesses during the rare instance where there is a pandemic for which a state of emergency emergency has been declared emergency rescue workers are defined in our state code as any person employed full time by the state or any political subdivision as a firefighter paramedic or emergency medical technician.

G

Ems excuse me. These public employees are specifically defined because they provide emergency medical aid to the public in the regular course of their employment. Without the protections available in a typical health care setting like a hospital or emergency room and because they are exposed to infectious diseases while providing emergency lifesaving medical aid to the public. There is existing statute that provides for workers compensation for these infectious diseases.

G

There was inconsistency across the state in determining the appropriate protocols when a rescue worker was infected. This legislations provide a minimum safety net for all involved by updating the existing statute.

G

All the existing requirements for a claim remain unchanged and every employer retains their rights relative to the pre-screening for diseases, vaccinations mandatory, documentations and affidavits and rebutting the presumption with that. Mr chairman, I renew my motion.

A

Thank you sponsor any questions on the bills from members discussion on the bill, question being called. Is there objection to the question hearing? No objection, we're voting on house bill 553 all in favor, say aye opposed, say no house bill 553 moves the next available calendar local government. Thank.

G

You, mr chairman, and thank you committee.

A

I'll pass the gavel.

D

A

B

Our life spell the afternoon will be item number 12. uh house bill zero, one: five z, zero one, zero five. Do I have a motion on the bill.

B

Motion on the bill motion properly, motioned in second, you are recognized chairman moon on your bill. Thank.

A

You, mr chairman, this bill has a amendment barcode 4547., mr chairman,.

B

For what purpose buster.

A

I'm extremely confused by this bill and so that it might be presented to us in a more proper form. I'd make a motion to send a summer study.

B

That is a proper motion. Is there a second second.

B

Without objection, we're ready to vote on sending house bill 105 to summer study, say I I oppose no, the eyes have it.

A

Thank you. Thank you, mr chairman and committee.

B

That completes our bills calendar at this time. I'll turn the gavel back over to chairman.

A

Thank you chairman crawford. This does complete our calendar. Are there any announcements? Any announcements from the members seeing none without objection will stand adjourned. Hearing no objection. We are adjourned.

B

We don't we just send the chairman's build a summer study.