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General Assembly passes legislation in session

The Greeneville Sun - 5/24/2018

Governor Bill Haslam thanked members of the 110th General Assembly on Wednesday, April 25 for keeping Tennessee on pace to lead the nation in jobs, education, and efficient and effective government.

"The investments in this budget and our legislative priorities this session will impact Tennesseans for years to come," Gov. Haslam said. "I am grateful to the General Assembly for partnering with us to pass meaningful legislation and for its commitment to conservative fiscal principles."

The $37.7 billion budget for fiscal year 2018-19 includes more than $15 million in new state dollars to fund treatment and services in the fight against opioid addiction and $30 million to improve school safety across the state.

The budget invests $119 million in higher education initiatives, and $247 million in new state funding for K-12 education, including additional funds for teacher compensation, bringing the total compensation investment of this administration and the General Assembly to more than $500 million. It provides $124 million in job growth investments, targeting programs in rural communities in particular, and it increases the state's Rainy Day Fund to $861 million, more than three times its size in 2011.

The General Assembly this session passed governor's measures including TN Together, the comprehensive plan to end the opioid crisis in Tennessee, which is supported by two key pieces of legislation.

The first bill, sponsored by Sen. Ferrell Haile and Rep. David Hawk, limits the duration and dosage of opioid prescriptions for new patients, with reasonable exceptions for major surgical procedures and exemptions that include cancer and hospice treatment, sickle cell disease as well as treatment in certain licensed facilities. With initial opioid prescriptions limited to a 3-day supply, Tennessee will have one of the most strict and aggressive opioid policies in the nation.

The second bill, sponsored by Sen. Ken Yager and Rep. Bill Dunn, creates incentives for offenders to complete intensive substance use treatment programs while incarcerated, and updates the schedule of controlled substances to better track, monitor, and penalize the use and unlawful distribution of opioids. Notably, it adds synthetic versions of the drug fentanyl, linked to an alarming number of overdose deaths, to the controlled substance schedules.

The Juvenile Justice Reform Act of 2018 is expected to make Tennessee's juvenile justice system more effective, improve outcomes for youth offenders, and advance public safety. It balances judicial discretion with new guardrails on placing children in out-of-home custody, brings investment in treatment and other services, and ensures individualized case planning, among other improvements. Sponsored by Sen. Mark Norris and Rep. Jason Zachary, the bill should improve juvenile justice results and serve as a starting point for further reform.

University of Tennessee FOCUS Act, sponsored by Sen. Mark Norris and Rep. David Hawk, reduces the current size of UT Board of Trustees to 12 members, empowering the reconstituted board to better oversee the multiple campuses that comprise the UT system. In addition to modernizing the focus and responsibilities of UT Board of Trustees, the legislation establishes advisory boards for the primary UT campuses, allowing each campus to have a local focus. The General Assembly confirmed seven members appointed by the governor during legislative session, and three additional members will be named at a later date to join a student member and the Commissioner of Agriculture on the board.

The 2018 legislative session marks the final session of the Haslam administration.

Gov. Haslam vetoed SB 367 on Thursday, May 3, saying, "Today, I vetoed Senate Bill 367, a bill that circumvents the established process for determining state employee insurance program coverage based on medical evidence and effectiveness.

"The state plan currently covers many forms of radiation treatment, and the provider advocating this bill rejected a medically appropriate plan for expanded coverage to instead pursue a political mandate.

"The state is committed to high-quality care that is medically appropriate and fiscally responsible for patients and taxpayers, but this mandate could put patients at risk and expose them to excessive charges from out-of-network providers."

The second session of the 110th General Assembly completed its business late Wednesday, April 25.

Specific highlights of the 2018-2019 budget include the following:

School safety ? House lawmakers approved recommendations made by a working group organized to make suggestions for immediate enhancements to school safety across the state as part of this year's budget, including a review and risk assessment of all school facilities to identify vulnerabilities, an increase in available resources to help secure school resource officers, and a statewide technology application for anonymous reporting of security threats.

Education ? The approved budget funds education in Tennessee with more than $200 million in new funding for K-12 education, $55 million for teacher pay raises, $114 million in additional funding for higher education initiatives, $11 million for an energy-efficient schools program, and $9 million in nonrecurring funds to purchase equipment at the 27 Tennessee Colleges of Applied Technology to improve and modernize a broad variety of workforce development programs.

Opioids ? The multi-faceted plan, called Tennessee Together, is comprised of legislation, $30 million in funds through the budget, and other executive actions to battle opioids through the three major components of prevention, treatment, and law enforcement.

Other legislative achievements include the following:

HB 298/ SB 692 abolishes all taxes on methanol fuel. This legislation passed both chambers and has been transmitted to the governor's desk for his signature.

HB 1038/ SB 2418 sweepingly passed the Senate and the House of Representatives with an affirmative vote. This measure will allow Department of Corrections personnel and correctional officers who have education and training with firearms to use this as a substitute for the training requirements for handgun permits. The legislation is on the governor's desk for signature.

HB 1496/ SB 1675 passed both Chambers in a unanimous vote. This legislation provides continued eligibility for disabled veteran property tax relief. This tax relief is available during periods of temporary relocation for health care to the home of a friend or relative, or to a hospital or skilled or intermediate care facility if the disabled veteran intends to return to their residence once recovered. This legislation went into effect on April 12, 2018, and has been assigned Public Chapter Number 710 by the Secretary of State.

HB 1539/ SB 2673 will make available educational literature regarding the risks and prevalence of sudden infant death syndrome (SIDS) as well as research findings that may lead to the means of prevention, early identification, and treatment of SIDS. This legislation went into effect on April 12, 2018, and has been assigned Public Chapter Number 667 by the Secretary of State.

In its first legislative session, Beacon Impact, the 501(c)(4) advocacy partner of Beacon Center of Tennessee, passed 8 of the 9 bills it worked on. It also prevented multiple bills from becoming law. Beacon Impact passed bills that repealed unnecessary occupational licenses, protected property rights, improved the juvenile justice system, made it easier for former offenders to find work when they get out of prison, and required able-bodied adults to work in order to receive Medicaid.

Beacon Impact CEO Justin Owen stated, "We are ecstatic about the way this year's legislative session went for the hard-working people of Tennessee. Whether it's a woman who just wants to take care of horses for a living, a man getting out of jail who just wants the chance to work and support his family, or a middle-class family who just wants to rent out their home on Airbnb for some extra money, all Tennesseans were winners this session."

Owen went on to note, "While we were happy with this year's results, there is still much that needs to be done to advance freedom in Tennessee, and we will continue to work tirelessly on behalf of all Tennesseans."

The following is a full list of bills Beacon Impact worked on during the 2018 legislative session:

Animal Massage Licensing Repeal (HB 2080/SB2466): Permanently repeals the rule passed by the state veterinary board requiring an animal massage therapist to be a licensed veterinarian.

Fresh Start Act (HB 2248/SB2465): Limits licensing boards' authority to deny an occupational license to violent crimes or those directly related to the job sought.

Medicaid Work Requirements (HB1551/SB1728): Directs Tennessee's Medicaid program, TennCare, to submit a waiver to the federal government to impose reasonable work requirements upon able-bodied, working-age adult enrollees without dependent children under the age of 6.

Re-Entry Incentive Grants (HB2181/SB1865): Funds four $250,000 grants for local sheriff or probation departments to create pilot programs to reduce recidivism or probation revocations. The grants will be administered by the Department of Corrections and will incentivize better outcomes by providing full funding only after certain outcomes are met.

Short-Term Rentals (HB1020/SB1086): Protects the property rights of individuals renting their homes as a short-term rental. Stipulates that any local government that chooses to regulate or ban home sharing must grandfather in those who were operating legally prior to the adoption of a regulation or ordinance.

Inclusionary Zoning (HB1143/SB0363): Prohibits local governments from mandating inclusionary, affordable, or below market value housing to obtain building permits.

Juvenile Justice Reform Act (HB2271/SB2261): Seeks to reform "justice by geography" by addressing the discrepancies in the treatment of juvenile defendants across the state.

Online Auction Licenses (HB0747/SB0814): Would have required those who perform certain types of online auctions to obtain an auctioneer license. As amended, the bill merely creates a study committee to study the practice and regulation of auctioneers.

Art Therapy License (HB2150/SB2127): Would have created a new license for art therapists, but the bill did not advance after Beacon Impact opposed it.

Beacon Impact is the 501(c)(4) advocacy partner of Beacon Center of Tennessee.

Legislation sponsored by Senator Ken Yager (R-Kingston) that continues the Ambulance Service Provider Assessment Act has been signed into law by Governor Bill Haslam. This law allows the state to receive additional Medicaid funds to be distributed to local private and public ambulance services for transporting patients covered by the program.

"I am pleased to see this law continued," said Senator Yager. "This is especially beneficial to ambulance service providers and patients in rural communities, which have a high number of TennCare patients. Rural ambulance services struggle financially, and these additional funds will help keep the doors open."

In the final act of the 110th General Assembly last week, the Senate and House passed Sen. Mark Green and Rep. William Lamberth's bill to prohibit state and local governments from creating identification documents to be used to determine the citizenship, immigration status, or residency of any person.

Sen. Green said, "We have a responsibility to protect Tennesseans, and I'm proud to have led the fight with many of my colleagues in combating illegal immigration in the General Assembly this year. This bill will ensure no government entity or official breaks the law to make Tennessee a magnet for illegal immigration.

"Many cities in other states are creating 'government ID' cards for persons in the United States illegally. Preventing these type of ID cards is another step in curbing more illegal immigration."

Rep. Lamberth added, "This General Assembly is committed to protecting the citizens of our great state. It was an honor to sponsor this bill in the House and work with my colleagues to get it across the finish line."