In Brief: February 22, 2019
School Safety — Governor Bill Lee announced a new $40 million investment this week in school safety to better protect teachers and students and prepare for any potential threats of violence. Senate Bill 803 will to provide additional changes to existing law to prioritize the distribution of school safety grants to school resource officers. Approximately 500 Tennessee schools do not currently have SROs, and changes to the law will enable them to fill these positions. The proposal also accommodates underserved counties working to secure schools and fill SRO positions by adjusting limited match requirements to be proportional to districts’ fiscal capacity. The new funding plan also enables schools that currently have an SRO to pursue grants to fund other safety priorities such as implementing building security measures or developing innovative violence prevention programs.
Truth in Advertising / Drug and Medical Devices — The Senate Commerce and Labor Committee passed healthcare consumer legislation this week regarding “bad drug” and medical device compensation advertisements. These advertisements are often misleading and unclear in their intentions, with some companies carelessly handling and selling a person’s private health information. Senate Bill 352 prohibits advertisements which falsely lead viewers to believe a drug or device is no longer FDA approved through means such as using the phrases medical alert, recall, or public service announcement, or by displaying a government agency logo. The bill calls for the advertisements to be more transparent by revealing who is sponsoring it, as well as adding a disclosure directing patients to “not stop taking a prescribed medication without first consulting their doctor.” Research shows that these commercials lead patients who have been prescribed critically important medications to doubt or discontinue their treatment regimen without consulting a physician, putting patients’ health at risk.
In addition, the legislation makes it illegal for third parties to collect sell, or transfer a person’s protected health information without their knowledge. A person or company found in violation of this statute under the Tennessee Consumer Protection Act would face a misdemeanor charge punishable with up to one year in prison and/or a $1,000 fine. The legislation aims to ensure vulnerable populations are protected and that they have the information needed to make the best decisions for their health. The bill now goes to the Senate floor for final consideration.
Comptroller Study / Sex Week at UTK — Members of the Senate Education Committee heard testimony from State Comptroller Justin Wilson this week regarding a report his office conducted examining Sex Week at the University of Tennessee-Knoxville (UTK). The week-long event, organized by a registered student organization, has been held on the UTK campus each spring since 2013. The event has received concern from many lawmakers, alumni and students due to the sexually explicit study topics. The report includes 14 policy considerations for the state and school to consider. Lawmakers acted in 2016 to prevent state funds from being expended to support Sex Week, but the report stated “the university adopted and implemented changes reluctantly.” In addition, the report said the university continued to allow the registered student organization to mix gift funds with student activity fee funding, a practice not recommended by its own internal review.
UT Interim President Randy Boyd said during the hearing that the university will recommend adoption of four of the recommendations, and is currently considering a fifth. Boyd said that while he believes in the right of free speech, UT does not condone Sex Week programming. “The University of Tennessee doesn’t condone the sensational and explicit programming provided. We believe it has damaged the reputation and overshadowed the many achievements of our university,” he said. The full report is linked here.
Repeal of Gym Tax — Tennessee Governor Bill Lee announced plans to repeal the amusement tax on gym memberships in his upcoming budget this week. The nearly 10 percent amusement tax is placed on memberships to gyms, fitness centers, and health clubs which disproportionately impacts small business owners. On the books since the mid-1980s, the gym tax represents approximately $10 million in state revenue. According to the Department of Health, Tennessee ranks 40th in the nation for physical activity and 35th for adult obesity. Recent estimates show that illnesses related to diabetes, hypertension, and cardiovascular disease costs Tennessee directly and indirectly more than $5.3 billion annually. “I look forward to working with the legislature to modernize our tax code and prioritize the wellness of Tennesseans,” said Governor Lee.
Maternal Mortality Report – The Tennessee Department of Health this week issued their first Maternal Mortality Review Report issued by the Maternal Mortality Review Committee. The report describes the state of maternal mortality in Tennessee based on a comprehensive review of women who died while pregnant or within one year of pregnancy. In 2017, 78 women in Tennessee died while pregnant or within one year of pregnancy. Substance use disorders and mental health conditions were often a contributing factor in these deaths. Substance use contributed to 33 percent of all pregnancy-associated deaths in 2017, while mental health conditions contributed to 18 percent. The Tennessee Maternal Mortality Review Committee’s goal is to identify opportunities for preventing maternal deaths and promoting women’s health.
Industrial Hemp / Federal Compliance – The Senate Energy, Agriculture and Natural Resources Committee approved legislation that brings Tennessee’s laws regarding hemp into compliance with new federal regulations enacted by the passage of the 2018 Farm Bill. Senate Bill 357 requires the state’s Commissioner of Agriculture to prepare and submit a hemp regulation plan to the U.S. Secretary of Agriculture in order for Tennessee to obtain primacy over hemp regulation, as authorized by the new federal law. The legislation also replaces the term “industrial hemp,” in state law with “hemp” but maintains the definition of the plant as containing as 0.3 percent THC or less. Bill proponents told the committee that the developing hemp industry could help replace the shrinking tobacco industry in Tennessee.
Drones / Penalties – The Senate Judiciary Committee this week approved Senate Bill 306 which amends current law to increase the penalty for those who fly drones within 250 feet of critical infrastructure or communication towers from a Class C misdemeanor to a Class E felony. Bill proponents say the change is needed because flying drones is becoming an increasingly popular recreational activity and there is a need for a stronger deterrent to prevent the flying of drones over critical infrastructure.
Dynamic Accessibility Act — The Senate Transportation and Safety Committee approved the “Dynamic Accessibility Act” this week that brings the language and symbols for people with disabilities into the 21st century to focus on ability rather than disability. Senate Bill 46 directs the Department of General Services to create rules to designate a symbol depicting a logo with a dynamic character learning forward with a sense of movement, replacing the stylized stick symbol which is more static.
The new symbol will be accompanied by the word “accessible” to designate points of access for persons with disabilities, replacing the term “handicapped” which translates to cap and hand signifying a beggar. The symbol will be used for state buildings or property constructed or renovated on or after July 1, 2020. The legislation also directs the Department of Revenue to create rules designating the new dynamic symbol for the issuance of all new registrations, placards, decals, and license plates starting after July 1, 2020.
Background Checks / Working with Vulnerable Adults — Legislation to authorize background checks for those working in direct contact with individuals with disabilities through the Division of Rehabilitation Services was approved by the Senate Health and Welfare Committee. Senate Bill 789 will allow the Department of Human Services (DHS) to request the Tennessee Bureau of Investigation (TBI) to perform background checks on employees, contractors and subcontractors who have direct access to vulnerable adults through the Department’s Vocational Rehabilitation program and allow DHS to take action based on the results. This legislation aims to enhance accountability and the safety of citizens served by DHS. Similar to background checks required of child care providers, these background checks seek to look for violent crimes, sexual offenses, abuse and other crimes.
DUI multiple offenses — The Senate Judiciary Committee approved legislation known as Dustin Ledford’s Law, which would increase penalties for all multiple offenses of driving under the influence (DUI) to Class E felonies with a minimum sentence of 11 months 29 days. Under current law, second DUI offences result in a sentence of no less than 45 consecutive days nor more than 11 months 29 days, third offenses result in a sentence of no less than 120 consecutive days nor more than 11 months 29 days, and fourth and fifth offenses result in sentences no less than 150 consecutive days nor more than the maximum punishment for Class E felonies. The legislation is named after Dustin Ledford, a 24 year man of Cleveland, Tennessee, who tragically lost his life in 2010 to a car accident caused by a multiple DUI offender, who was recently arrested again on DUI charges.