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Hensley update: Major wins on wetlands, roads, and victims' rights
Hensley update: Major wins on wetlands, roads, and victims' rights

Yahoo

time25-04-2025

  • Politics
  • Yahoo

Hensley update: Major wins on wetlands, roads, and victims' rights

The 114th General Assembly has adjourned for 2025, and it was a very successful year. We have taken measures for Tennessee to be a better place to live, work and to raise a family. I will go over the laws passed this session over the next few weeks. Cut excessive environmental red tape on wetlands This week, the Senate passed Senate Bill 670 to ease burdensome regulations on Tennessee's wetlands, creating new opportunities for responsible development across the state while maintaining basic environmental safeguards. The legislation addresses isolated wetlands, which are areas no longer protected under federal law following a U.S. Supreme Court decision last year that returned regulatory authority to the states. Countless hours of work with TDEC and other stakeholders have gone into this legislation. The goal is to provide property owners with a more reasonable framework to determine how to develop and use their land. We are not eliminating regulation. We are modernizing it. The bill divides isolated wetlands into four categories, based on ecological function: artificial, low-quality, moderate-quality, and high-quality. It exempts certain isolated wetlands from mitigation and permitting requirements depending on the size and quality of the wetland. Specifically, it exempts low-quality isolated wetlands up to one acre in size, moderate-quality isolated wetlands up to one-fourth acre, and artificial isolated wetlands of any size, provided basic environmental safeguards are followed. The legislation also stipulates that: Existing stormwater measures must be considered when determining mitigation. Isolated wetlands do not factor into cumulative project impact assessments under federal Clean Water Act regulations. The state board must establish classification criteria and allow public input on wetland assessment tools Legislation to boost road funding passes Senate Legislation to increase dedicated funding for Tennessee's transportation infrastructure passed the Senate this week, marking a significant step toward addressing the state's $30 billion backlog in road and bridge projects. Senate Bill 144 redirects all sales tax revenue collected from the sale of new and used tires—an estimated $80 to $95 million annually—from the state's General Fund to the Tennessee Department of Transportation's (TDOT) Highway Fund. This sustainable source of funding will directly support critical road repairs and construction projects across the state. In addition to the recurring tire tax revenues, lawmakers also approved a historic $1 billion one-time investment in this year's budget to jumpstart urgent transportation projects statewide. This legislation brings important funding to our communities for roads to ensure our infrastructure keeps pace with our growth. It is just the start—but it's a strong start toward building safer, more reliable roads for every Tennessean. Increasing penalties for unlawful photography Senate Bill 685, significantly strengthens penalties for unlawful photography offenses, particularly when minors or individuals in vulnerable positions are involved. Under current law, it is a Class A misdemeanor to knowingly photograph an individual without consent in a manner that would be considered offensive or embarrassing, especially when done for sexual gratification. The bill upgrades this offense to a Class E felony, carrying a prison term of 1 to 6 years and a fine up to $3,000. If the unlawful photograph is shared with others or the victim is under 13, the offense is now a Class D felony, with a potential sentence of up to 12 years and a fine up to $5,000. The bill also criminalizes the use of a child under 13 to facilitate the offense. Further, the legislation reclassifies as a Class C felony—punishable by 3 to 15 years in prison and up to a $10,000 fine—cases where the victim is under 13 or where the offender held a position of trust or authority over the victim and used that position to commit the offense. Victims of unlawful photography feel violated, objectified, and taken advantage of. Legislation like this will restore feelings of safety and security to victims. Children and other victims deserve to see justice served. The bill requires judges to order individuals convicted of unlawful photography to register as sexual offenders—replacing the previous discretionary standard. This legislation reflects Tennessee's firm commitment to protecting privacy, upholding consent, and ensuring justice for victims of exploitation. Senate Bill 685 has been passed by the Senate. Sen. Joey Hensley, R-Hohenwald, gives a weekly update in legislation in the 114th General Assembly. This article originally appeared on The Daily Herald: Hensley update: Major wins on wetlands, roads, and victims' rights

Capitol Hill review: 114th General Assembly adjourns for 2025
Capitol Hill review: 114th General Assembly adjourns for 2025

Yahoo

time25-04-2025

  • Politics
  • Yahoo

Capitol Hill review: 114th General Assembly adjourns for 2025

State lawmakers concluded their business on April 22 in a successful first session of the 114th General Assembly. House and Senate Republicans delivered results for all Tennesseans this year by prioritizing conservative policies and fulfilling the General Assembly's constitutional duty of approving a balanced budget. The 2025 session was highlighted by efforts to strengthen education, improve public health and safety, bolster infrastructure and combat illegal immigration. Lawmakers this session worked to preserve Tennessee's rich agricultural and natural heritage, ensure government efficiency and promote economic opportunity. They also continued efforts to provide relief to the Tennesseans impacted by Hurricane Helene while helping increase preparedness for future disasters. These strategic investments aim to make life better for all in the Volunteer State. Republicans continued to build on their previous accomplishments and cemented Tennessee's status as a leader in common-sense conservative governance and prosperity. Marcy's Law to expand victims' rights heads to TN voters - A proposed constitutional amendment to expand the rights of victims in Tennessee now heads to voters in the state for final approval. Senate Joint Resolution 9, carried by State Rep. Clay Doggett, R-Pulaski, proposes to put Marsy's Law in the state constitution to ensure crime victims' rights are protected in Tennessee. The legislation would amend Article 1, Section 35 of the Tennessee Constitution to establish clear and enforceable constitutional rights for victims of crime, including the rights to be: heard, informed and treated with fairness, dignity and respect through the judicial process. Named after Marsalee Nicholas, Marsy's Law is part of a nationwide effort to support crime victims and prevent further trauma. Marsy was murdered in 1983 by her ex-boyfriend, who stalked and killed her while she was a student at the University of California at Santa Barbara. Marsy's family ran into her murderer a week after her death on the way back from her funeral, unaware that he was released on bail. Marsy's Law seeks to ensure devastating and traumatic experiences like this never happen to victims in Tennessee. This proposed amendment will now be considered by Tennessee voters in the Nov. 3, 2026 gubernatorial election. Farmland Preservation Act helps conservation - Legislation aimed at supporting Tennessee's agricultural industry and preserving family farms now heads to the governor's desk for his signature following final passage in the General Assembly. The Farmland Preservation Act, House Bill 1325 establishes a $25 million fund to provide grants for property owners who voluntarily place their farm or forestry land into an agricultural easement with the Tennessee Department of Agriculture. The program aims to make farmland preservation financially feasible for family farms, ensuring they remain in agricultural use for future generations. Tennessee is losing farmland to development at a rapid rate. During a 20-year period from 1997 to 2017, Tennessee lost 1.1 million acres of farmland to development. Since 2017, another 432,941 acres of farmland have been lost. At this rate, Tennessee is losing 9.8 acres of farmland per hour. While property owners can already place their land in a conservation easement through various entities, rising land prices provide little incentive to do so. The Farmland Preservation Fund established in the bill provides this incentive, making it more financially viable for Tennessee farmers to preserve their land. Participation in the program is voluntary, allowing property owners to receive compensation for the difference between their land's agricultural value and its highest market value. Farmers who take part in the program would still maintain the freedom to develop their land for agricultural purposes and maintain full farming operations without restrictions on output. Agriculture-related industries employ 324,000 individuals and contribute $89 billion to Tennessee's economy. The Farmland Preservation Act becomes law July 1. General Assembly works to keep violent offenders in custody - The General Assembly approved a constitutional amendment that seeks to improve public safety in Tennessee by keeping violent offenders in custody. Senate Joint Resolution 25 will expand the offenses for which a judge can deny bail to include capital offenses, acts of terrorism, second-degree murder, aggravated rape of a child, aggravated rape and grave torture. Currently, judges can only deny bail for capital offenses. The legislation would also improve transparency in Tennessee's criminal justice system by requiring judges and magistrates to explain their reasoning behind allowing or denying a defendant's bail. Two separate General Assemblies must first approve any proposed amendment to the Tennessee Constitution before it can be placed on the ballot for voters to decide. Senate Joint Resolution 25 received its first approval in the 113th General Assembly. Tennessee voters will now have the opportunity to approve this constitutional amendment in the Nov. 3, 2026, gubernatorial election. General Assembly creates advisory committee on K-12 testing - A Republican proposal seeking to streamline K-12 testing in Tennessee was approved by the General Assembly. House Bill 675 will create a ten-member joint legislative advisory committee on innovations in K-12 learning to study several aspects of Tennessee's educational system, including evaluations, assessments and other standards. The committee will study standardized testing for K-12 students, including frequency and how to apply student performance on tests for accountability purposes. It will also evaluate the following: Teacher and principal evaluations Screening requirements for response to intervention (RTI) in schools Health coverage and compensation for educators Expanding teaching permits Allowing CTE courses to substitute for graduation requirements The committee will develop strategies and suggestions to be reported to the General Assembly and the Tennessee Department of Education by the end of 2025. The purpose of this review is to support students and educators across the state. House Bill 675 heads to the governor for his consideration. It is an honor and privilege to be able to serve in the 71st District. If you have any questions or concerns, do not hesitate to call or email our office at or 615-741-2190. This article originally appeared on The Daily Herald: Capitol Hill review: 114th General Assembly adjourns for 2025

Lawmakers propose constitutional amendments for gun rights, property tax ban, right to refuse medical treatment
Lawmakers propose constitutional amendments for gun rights, property tax ban, right to refuse medical treatment

Yahoo

time13-02-2025

  • Politics
  • Yahoo

Lawmakers propose constitutional amendments for gun rights, property tax ban, right to refuse medical treatment

NASHVILLE, Tenn. (WKRN) — While many laws passed during the legislative session take effect immediately or within a year, some legislation takes multiple years to go into effect. The legal change that takes the longest to come about is a constitutional amendment. Like the United States, Tennessee also has a founding document. Just as the federal version, the state constitution lays out how the state government is set up. In its 11 Articles, the Tennessee constitution sets up the three branches of government, how elections are to be held, how new counties are created, the duties of state and county officers and limitations on lotteries, among other items. The process by which state lawmakers make changes to—or amend—the state constitution takes up to four years to complete. According to Article XI, Section 3 of the state constitution, a proposed constitutional amendment must pass two consecutive general assemblies. The first time, it must pass by a simple majority; the second time, it requires a two-thirds majority. Then, the matter is put to a vote by the general electorate on the ballot, but only during a gubernatorial election year. Though the official process takes many years, lawmakers can propose constitutional amendments at any time. Currently, there are more than a dozen constitutional amendments proposed in the 114th General Assembly. Bill filed would impose apartment moratorium Here are some of the changes lawmakers hope to make to the state constitution over the next few years. This proposal would prohibit the state from ever levying a state property tax. Tennessee currently does not have a separate property tax—that tax is done on the county and municipal levels—but the state constitution gives lawmakers the power to impose one. The resolution would amend Article II, Section 28 to remove the power to levy a property tax from the state legislature in its entirety. According to its text, this proposed amendment would add a new section in Article I of the state constitution that guarantees, 'Equality of rights under the law shall not be abridged or denied by the State of Tennessee or an instrumentality of the State on account of sex.' The amendment has the same sentiment of the ill-fated Equal Rights Amendment, which proposed the same protections for the U.S. Constitution. This amendment would codify personhood in Tennessee begins at fertilization. Specifically, it would amend Article I of the state constitution to declare a person 'shall not be deprived of life, liberty, or property without due process of law, nor shall a person be denied equal protection of the law.' It also defines 'person' to include 'every human being from fertilization to natural death.' This proposal would amend Article VI, Section 14 of the state constitution to allow cities to impose a civil penalty larger than $50 for a 'violation of a municipal ordinance if such penalty is just and reasonable.' Currently the constitution prohibits imposing fines of more than $50, 'unless it shall be assessed by a jury of his peers,' who shall 'find the fact,' that the fine may be more. Lawmakers file bill to designate 'Father Charles Strobel Day' in Tennessee According to its text, this proposed amendment would 'grant a person the right to forgo medical treatment.' More specifically, the amendment states a person 'must not be compelled to undergo a medical treatment, even in the case of a declared emergency.' The amendment also defines 'medical treatment' to include 'any…vaccination, or other intervention intended to diagnose, treat, prevent, or mitigate any physical or mental condition.' This amendment would prevent any future government official—be it the governor, a county mayor or city mayor—from requiring people to be vaccinated in the case of a public health emergency. This proposed amendment would grant a so-called victim's bill of rights. Article I, Section 35 of the constitution includes certain rights are protected for victims of crimes, including the right to confer with prosecution; the right to be free from intimidation, harassment, and abuse; to be present at all proceedings where they have a right; to be informed of all proceedings, and more. This amendment expands the victim's rights, even giving victims the right to standing should the proposed rights be withheld from them. This proposed amendment would remove the right to bail for certain crimes, including an act of terrorism, second degree murder, aggravated rape of a child, aggravated rape, grave torture and more. The proposal would amend Article I, Section 15 of the state constitution. TN bill would give judges power to deny bond Currently, the state constitution gives the general assembly the right to regulate the bearing of arms 'with a view to prevent crime.' This proposed amendment would eliminate that qualifier and instead grant Tennesseans the right 'to keep and bear arms,' and prevent the general assembly from passing any laws on firearms at all. Proposed by Nashville Democratic Sen. Jeff Yarbro, this amendment would allow for Tennesseans to propose laws by initiative, or statewide referendums. Currently, the state constitution dictates laws be passed solely by the general assembly. Yarbro's resolution would propose a new Article to the state constitution allowing for the people the power to 'propose laws by initiative, independent of the general assembly.' According to the text, the amendment specifies an initiative petition would have to gather at least 5% of the number of registered voters who cast their ballot in the last gubernatorial election and filed with the Tennessee Secretary of State at least 6 months in advance of the desired election for the ballot question. The only elections that could host ballot initiatives are those held on the first Tuesday after the first Monday in November in even-numbered years, meaning those that align with the federal election cycle. ⏩ Once the ballot initiative has passed by a statewide vote, it will be submitted to the general assembly to either vote to approve the measure, reject the proposed measure or take no action. If the general assembly takes no action on a passed ballot initiative, it will take effect regardless. This follows the pattern set by the general assembly: if the general assembly passes a law, the governor can either sign it, veto it, or do nothing. If the governor takes no action, the law takes effect without his signature. If a ballot initiative fails, it cannot appear on an election ballot for four years, per the amendment text. If an initiative is passed by the voters but rejected by the general assembly, it cannot appear on the ballot again for at least two years. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Abortion-related bills filed in the 114th General Assembly
Abortion-related bills filed in the 114th General Assembly

Yahoo

time06-02-2025

  • Health
  • Yahoo

Abortion-related bills filed in the 114th General Assembly

NASHVILLE, Tenn. (WKRN) — Since the 114th General Assembly has gaveled in and completed their special session on education, immigration and disaster relief funding, Tennessee lawmakers will soon shift their focus to other issues they would like to address through legislation. One topic that will be address this year is abortion. Currently, lawmakers have filed around half a dozen bills related to abortion. Here are some of the abortion-related bills lawmakers hope to see passed this session. The first abortion-related bill filed by lawmakers was filed by Democrats. Nashville Rep. Harold Love and Memphis Sen. Raumesh Akbari filed this bill, which carves out exemptions for what constitutes an abortion in Tennessee. Specifically, the bill clarifies the use of contraceptives is not included in the legal definition of 'abortion' in the state, including 'any device, medication, biological product, or procedure that is general intended for us in the prevention of pregnancy' as well as the disposal of embryos resulting from fertility treatments. When Tennessee's trigger law banning abortion went into effect in 2022 after the fall of Roe v. Wade by the Supreme Court, there was confusion around whether or not those receiving IVF treatments would be breaking the law if not all of the embryos created were carried to term. This bill would make clear those receiving IVF would not be running afoul of the abortion ban. This bill, filed by Brentwood Republican Rep. Gino Bulso and Hohenwald Republican Sen. Joey Hensley, would prohibit someone from mailing or delivering an 'abortion-inducing drug' into the state. Gun legislation filed in the Tennessee General Assembly An 'abortion-inducing' drug is defined in the bill as any medication that is intended to be used to terminate the life of an 'unborn child,' including mifepristone, misoprostol, and mifeprex (RU-846). It would not include misoprostol intended to treat stomach ulcers. If someone violates this statute by mailing the drugs to Tennessee and they are used successfully, whoever mailed them would be liable for $5 million in damages if someone brings legal action within five years. On the other side of the coin, Rep. Aftyn Behn (D-Nashville) and Sen. London Lamar (D-Memphis) filed the 'Reproductive Freedom Act.' The bill, as filed, declares every person has a 'fundamental right' to their own reproductive care, including having an abortion or using contraceptives and states a fertilized egg, embryo, or fetus does not have 'independent or derivative rights' under state law. The bill also deletes provisions of current law restricting access to abortions, such as through 'ambulatory surgical treatment center' requirements, requirements for final disposal of fetal remains, a mandate to erect a monument to unborn children with state funds, reporting requirements for those who perform and receive abortions, a requirement to show a pro-life video titled 'Meet Baby Olivia' and more. ⏩ This bill takes a less extreme stance than the 'Reproductive Freedom Act.' Filed by Chattanooga Democrat Rep. Yusuf Hakeem, this bill clarifies that a 'criminal abortion' in Tennessee does not include abortions received after a woman has been the victim of rape or incest. Tennessee's current abortion ban contains no such exemptions. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Here are the bills filed for the special session on vouchers, immigration, disaster relief
Here are the bills filed for the special session on vouchers, immigration, disaster relief

Yahoo

time27-01-2025

  • Politics
  • Yahoo

Here are the bills filed for the special session on vouchers, immigration, disaster relief

NASHVILLE, Tenn. (WKRN) — The 114th General Assembly has gaveled in, but before they take up any of the hundreds of pieces of legislation already filed, lawmakers will begin their special session to address school vouchers, immigration safety, and disaster relief for East Tennessee. There are 10 total bills filed for the special session called by Gov. Bill Lee, including five bills in the House and their five companion bills in the Senate. The special session will convene on Monday, Jan. 27. This bill creates a new subsect of the Tennessee Department of Safety & Homeland Security called the 'centralized immigration enforcement division.' The division will be spearheaded by the Chief Immigration Enforcement Officer, according to the bill text. Additionally, the bill creates a grant program for promoting the enforcement of federal immigration laws and establishes criminal penalties for officials who adopt sanctuary policies—including removal from office if convicted. The bill also requires the department of safety to issue separate driver licenses for lawful permanent residents in Tennessee as opposed to standard driver licenses 'to aid in determining voter eligibility' in the state. HB 6002 authorizes the Tennessee Emergency Management Agency (TEMA) to assist communities or local EMAs with recovery on public property at the request of those communities or agencies. The bill would also suspend certain eligibility requirements for unemployment benefits for people in the declared disaster areas under emergency declarations from the governor. This bill is tied to the disaster brought to East Tennessee by Hurricane Helene in November of 2024. Another Hurricane Helene disaster relief bill, this legislation would created two separate funds within the Tennessee Treasury Department known specifically as the 'Hurricane Helene interest payment fund' and the 'Governor's Response and Recovery Fund.' These funds would be used to assist with the response and recovery efforts from those counties and communities covered under the Hurricane Helene emergency declarations. While the 'Education Freedom Act of 2025' was already filed in the general assembly, this bill puts the issue forward in the special session entirely. This bill would expand the 'education savings account' program, also known as school vouchers, from three counties to statewide, offering 'scholarships' for students to attend private schools in Tennessee. The last bill filed in the special session is the most important: these bills provided the funding for the other four bills listed in the special session. These appropriations bills allow for $225.8 million in recurring funding, as well as a one-time allocation of $198,400,000 for the purposes of implementing the 'Education Freedom Act of 2025,' to operate statewide. Of the recurring monies, the bill states $148.6 million will come from the state's general fund, with the remaining $77.2 million coming from privilege tax collections. The Hurricane Helene disaster funding is listed as $210 million in nonrecurring funds. Of that total, the Interest Payment Fund will receive $110 million, and the remaining $100 million will be placed in the Governor's Response and Recovery Fund. Another $240 million in nonrecurring funds are set to be put toward the TEMA bill, according to the bill. There are also several more specific appropriations in the appropriations bill. Carter County will receive $20 million for the reconstruction and relocation of Hampton High School; $6.2 million will be allocated for the Tennessee Department of Education (TDOE) for school districts for 'active tourism development zones'; and another $17 million for TDOE will be for direct payments to 'high-performing' school districts starting with the 2023-2024 school year. Finally, the bill allows for all staffing and per diem costs for all necessary personnel at the Capitol. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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