General Assembly Leaders Sponsor Bills In Third Special Session

Photo Credit: capitol.tn.gov

The Tennessee Conservative [By Paula Gomes] –

The third special session this year has begun in the Tennessee General Assembly and the leaders of the house and senate have sponsored eight corresponding bills.

It is not common for House Speaker Cameron Sexton (R-Crossville) and Lt. Gov. Randy McNally (R-Oak Ridge) to sponsor bills themselves so the backing of these initiatives show what they hope to accomplish in this legislative session.

Here are the bills and their status as of 11:00am CST.

HB9071/SB9008 – If a district attorney general fails to attend court, or is disqualified from acting, or if there is a vacancy in the office, present law requires the court to appoint some other attorney to supply such district attorney general’s place temporarily.

This bill authorizes the attorney general and reporter to petition the court for appointment of a district attorney general pro tem if a district attorney general peremptorily and categorically refuses to prosecute all instances of a criminal offense without regard to facts or circumstances. If the court finds that the district attorney general has refused to attend and prosecute according to law, this bill requires the court to appoint some other attorney as district attorney general pro tem in the district attorney general’s place for the sole purpose of prosecuting persons accused of committing that offense.

STATUS IN HOUSE: Placed on calendar Judiciary Committee of Extraordinary Session III for 10/28/2021

STATUS IN SENATE: Placed on Senate Judiciary Committee calendar for 10/28/2021

HB9072/SB9009 – Election Laws – As introduced, requires partisan elections for all school board members. – Amends TCA Title 49, Chapter 2.

STATUS IN HOUSE: Recommended for passage; refer to Calendar & Rules Committee of Extraordinary Session III

STATUS IN SENATE: Placed on Senate Education Committee calendar for 10/28/2021

HB9073/SB9010 – This bill authorizes the use of cash as a form of eligible collateral for purposes of the collateral required to be pledged to secure public deposits.

Present law requires qualified public depositories to deposit with the state treasurer eligible collateral equal to or in excess of the required collateral of the depository. This amendment authorizes a qualified public depository meeting the board-established criteria to pledge collateral equal to 100 percent to pledge collateral equal to 90 percent of the public deposits held by the depository on or after the date that this bill becomes a law until December 31, 2026.

STATUS IN HOUSE: Recommended for passage; refer to Calendar & Rules Committee of Extraordinary Session III

STATUS IN SENATE: Recommended for passage, refer to Senate Finance, Ways, and Means Committee

HB9074/SB9011 – Present law makes it the duty of every local emergency management authority and the officers and personnel thereof, to execute and enforce orders and rules made by the governor under the governor’s emergency powers.

This bill adds to present law by making it the duty of each public official who has the authority and duty to execute and enforce the laws of this state to execute and enforce the orders and rules made by the governor under the governor’s emergency powers. Under this bill, if a public official who knowingly takes an action to avoid executing or enforcing the governor’s emergency orders and rules, or knowingly fails to act as required by such orders and rules, the attorney general and reporter will be required to petition a court for:

(1) A writ of mandamus or an injunction ordering the public official to comply with the order or rule, or to cease interfering with the implementation of the order or rule; and

(2) A civil penalty imposed against the public official, and for which the public official will be personally liable, of up to $10,000 plus an additional $1,000 for each day after the issuance of the writ of mandamus or injunction during which the public official refuses to comply.

STATUS IN HOUSE: Placed on calendar Judiciary Committee of Extraordinary Session III for 10/28/2021

STATUS IN SENATE: Passed on Second Consideration, refer to Senate State & Local Government Committee

HB9075/SB9012 – Governor – As introduced, decreases the time a state of emergency may continue under an executive order or proclamation issued by the governor from 60 days to 45 days. – Amends TCA Title 58, Chapter 2, Part 1.

STATUS IN HOUSE: Recommended for passage; refer to Calendar & Rules Committee of Extraordinary Session III

STATUS IN SENATE: Passed on Second Consideration, refer to Senate State & Local Government Committee

HB9076/SB9013 – This bill makes various changes and additions to present law concerning the exercise of governmental powers related to public health.

This bill specifies that, during the existence of any declared pandemic, the governor has exclusive jurisdiction to issue executive orders and directives with respect to each county health department in this state. This bill prohibits the commissioner of health and any local health department, board, entity, or official from superseding, vacating, contradicting, or refusing to comply with any such executive order or gubernatorial directive.

This bill deletes present law authorization for county health officers to order rules and regulations as are necessary or appropriate to protect the general health and safety of the county.

This bill gives the commissioner of health the sole authority to:

(1) Determine quarantine guidelines for a person if the person tests positive for COVID-19. The quarantine of a person must be lifted if the person receives a negative antigen detection test result or a negative molecular diagnostic test result at any time during the quarantine period; and

(2) Determine quarantine guidelines for a private business for purposes of closing the private business or restricting the operation of the private business for purposes of COVID-19. The quarantine of a business must be lifted as soon as practicable after the commissioner is satisfied that conditions at the business do not present a serious public health and safety threat with respect to the spread of COVID-19.

This bill specifies that the commissioner of health may only determine quarantine guidelines by administrative rules that are promulgated under the Uniform Administrative Procedures Act.

Present law authorizes county health officers to order the quarantine of any place or person in order to protect the public health from an epidemic. This bill specifies that such authority will be secondary to the exclusive authority that this bill confers on the governor and the commissioner of health.

STATUS IN HOUSE: Placed on calendar Public Health Committee of Extraordinary Session III for 10/28/2021

STATUS IN SENATE: Placed on Senate Health and Welfare Committee calendar for 10/28/2021

HB9077/SB9014 – Unemployment Compensation – As introduced, allows a former employee to receive unemployment benefits if the employee’s separation from employment was due to his or her refusal to receive a COVID-19 vaccination. – Amends TCA Title 9; Title 14; Title 29; Title 38; Title 49; Title 50; Title 63 and Title 68.

STATUS IN HOUSE: Placed on calendar COVID-19 Committee of Extraordinary Session III for 10/28/2021

STATUS IN SENATE: Placed on Senate Commerce and Labor Committee calendar for 10/28/2021

HB9078/SB9015 – Health Care – As introduced, prohibits a person, private business, or state or local governmental official, entity, department, or agency from compelling proof of vaccination for COVID-19; prohibits an employer from taking an adverse action against an employee, or from failing to hire an applicant, based solely on the employee’s or applicant’s refusal to provide proof of vaccination for COVID-19. 

STATUS IN HOUSE: Placed on calendar COVID-19 Committee of Extraordinary Session III for 10/28/2021

STATUS IN SENATE: Placed on Senate Commerce and Labor Committee calendar for 10/28/2021

Find your State Representative HERE.

Find your State Senator HERE.

Senate Health Committee Members to Contact:

Rusty Crowe – sen.rusty.crowe@capitol.tn.gov – (615) 741-2468

Ferrell Haile – sen.ferrell.haile@capitol.tn.gov – (615) 741-1999

Joey Hensley – sen.joey.hensley@capitol.tn.gov – (615) 741-3100

Ed Jackson – sen.ed.jackson@capitol.tn.gov – (615) 741-1810

Becky Massey – sen.becky.massey@capitol.tn.gov – (615) 741-1648

Shane Reeves – sen.shane.reeves@capitol.tn.gov – (615) 741-1066

Art Swann – sen.art.swann@capitol.tn.gov – (615) 741-0981

Bo Watson – sen.bo.watson@capitol.tn.gov – (615) 741-3227

House Health Committee Members to Contact:

Rebecca Alexander – rep.rebecca.alexander@capitol.tn.gov – (615) 741-2251

Clark Boyd – rep.clark.boyd@capitol.tn.gov – (615) 741-7086

David Byrd – rep.david.byrd@capitol.tn.gov – (615) 741-2190

Ron Gant – rep.ron.gant@capitol.tn.gov – (615) 741-6890

Mark Hall – rep.mark.hall@capitol.tn.gov – (615) 741-1350

Esther Helton – rep.esther.helton@capitol.tn.gov – (615) 741-1934

Tim Hicks – rep.tim.hicks@capitol.tn.gov – (615) 741-1717

Doc Kumar – rep.sabi.kumar@capitol.tn.gov – (615) 741-2860

Tom Leatherwood – rep.tom.leatherwood@capitol.tn.gov – (615) 741-7084

Pat Marsh – rep.pat.marsh@capitol.tn.gov – (615) 741-6824

Bob Ramsey – rep.bob.ramsey@capitol.tn.gov – (615) 741-3560

Robin Smith – rep.robin.smith@capitol.tn.gov – (615) 741-2548

Bryan Terry – rep.bryan.terry@capitol.tn.gov – (615) 741-2180

Kevin Vaughan – rep.kevin.vaughan@capitol.tn.gov – (615) 741-1866

Sam Whitson – rep.sam.whitson@capitol.tn.gov – (615) 741-1864

Ryan Williams – rep.ryan.williams@capitol.tn.gov – (615) 741-1875

About the Author: Paula Gomes is a Tennessee resident and contributor to The Tennessee Conservative. You can reach Paula at paula@tennesseeconservativenews.com.