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Lawmakers Introduce Multiple Versions of the Statewide School Voucher Scheme Bill

Alyssa Hansen
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Over the past few days, committee meetings gave us some clarity on suspicious bills and pushed a few others to the back burner (for the time being, at least).

For example, you may remember that we specifically discussed HB 1889/SB 2102 in last week's legislative update. Already raising some eyebrows, this legislation would enact the "State of Tennessee Real Estate Asset Management (STREAM) Act" and consolidate power under the commissioner of General Services for decision-making related to all executive branch leases. You can read more about this administration bill here.

This past Tuesday, the Senate Commerce & Labor Committee announced that this particular piece of legislation would be moved to the committee's final calendar, which is not expected until some time in March. However, the House Public Service Subcommittee is scheduled to hear the bill on Tuesday (February 27th).

This is yet another example of why it's critical that we're constantly aware of what's happening in both chambers and across multiple committees until lawmakers adjourn sine die.

Additional clarity was also given to HB 2110/SB 2027, which on the surface sought to define the term "work" as having the same meaning as interpreted by the Supreme Court for the purposes of the Fair Labor Standards Act.

While that's technically what the legislation does, it also "solidifies Tennessee's reputation as a pro-business state" AND codifies what is a "de minimis exemption."

According to the FLSA, this is time beyond the scheduled working hours that's so short in duration (a few seconds or minutes, for example) that an employer can disregard it for payroll purposes.

Bottom line: this is far from a catastrophic, horrible piece of legislation, but it's still very business-friendly.

Last but not least, the final (at least for now) language for Governor Bill Lee's statewide school voucher scheme legislation was released on Wednesday afternoon.

What's important to note, though, is that this is simply Governor Lee's version of the bill. As multiple outlets have reported, Senate leaders plan to introduce an amendment dealing with testing accountability requirements, while the House version presented in committee most likely won't match the Senate's.

Needless to say, it will be quite some time before there's a true "final" version of the legislation that both chambers will have to agree on before the supermajority can proceed with its all-out attack on public education in Tennessee.

As we continue to learn more specifics, don't forget to stay tuned for ways that you can get involved to help push back and support public education!

A Brief Look at Some of the Additional Legislation That We're Watching Next Week

-HB 2468/SB 2787: As announced this week, this is the caption bill that will carry Governor Bill Lee's proposal to expand Tennessee's school voucher scheme statewide. You can read more about the amendment that makes the bill here.

-HB 2031/SB 2570: Potentially having major implications for strikes or rallies, this piece of legislation would increase the penalty for blocking a highway, street, etc. from a Class A misdemeanor to a Class D felony.

-HB 2110/SB 2027: This suspicious bill seeks to define the term "work" as having the same meaning as interpreted by the Supreme Court for the purposes of the Fair Labor Standards Act. As we learned earlier this week, it also codifies what is a "de minimis exemption" as outlined in the FLSA.

-HB 1889/SB 2102: A bill with powerful sponsors (House Majority Leader William Lamberth and Senate Majority Leader Jack Johnson), this would enact the "State of Tennessee Real Estate Asset Management (STREAM) Act" and consolidate power under the commissioner of General Services for decision-making related to all executive branch leases. You can read more about this seemingly innocent (but potentially dangerous) administration bill here.There are concerns that this could be another outsourcing/privatization push, so we'll be watching this bill closely.

-HB 1892/SB 2100: This piece of legislation authorizes the use of third-party examiners or inspectors instead of local ones for certain processes.

-HB 2602/SB 2646: Seeking to address an important issue that hasn't been solved in 15 years (thanks in large part to the supermajority), this would increase Tennessee's minimum wage to $20. A similar bill (HB 2396/SB 2409) would increase the minimum hourly wage for food delivery employees to $12.

-SB 1807/HB 2070: A good bill, this would create the Office of Rail and Public Transportation and require the entity to (among its other responsibilities) determine the specifics of what is needed to undertake passenger rail service in Tennessee.

-HB 2113/SB 2017: While we are waiting to learn more specifics, this proposal deals with causes of action for unpaid wages for hours worked, overtime, etc.

-HB 2080/SB 1968: A bill that has generated lots of headlines, this would block an individual who currently holds elected office from holding another elected office in Tennessee at the same time. At least one Republican representative already does what the legislation is trying to prevent, but Democrats have said that they believe this is specifically-targeted at Representative Gloria Johnson, who is currently running for both the U.S. Senate and her Tennessee House seat.
NOTE: This bill BARELY passed the Senate on Thursday morning.

-HB 2716/SB 2634: A result of last year's expulsion hearings, this would block a local legislative body (for example, Nashville's Metro Council) from sending someone who was expelled from the General Assembly for disorderly behavior to fill the opening that was created from their expulsion. However, legislative attorneys noted in committee this week that the bill could be unconstitutional.
NOTE: Two very similar pieces of legislation (HJR 706& HJR 797) are scheduled to be heard next week as well.

-HB 1554/SB 1545: This bill seeks to establish a program that would allow state employees to receive as much as six weeks of paid leave if they become a foster parent.