Capitol Hill Conversation: Bipartisan Bills That Could Have A Big Effect

Not every bill that becomes Tennessee law requires a fight. After the legislative session’s lengthy debate over the gas tax and ongoing disputes over abortion and gun laws, it’s easy to forget there are some meaningful bipartisan bills that breeze through.

WPLN’s Jason Moon Wilkins and Chas Sisk talk about some issues where state lawmakers seem to be singing from the same songbook.

Transcript:

JMW: One issue that has seen serious partisan divide nationally is shootings by police. But a state bill addressing transparency into investigations of fatal police shootings received unanimous support from Republicans and Democrats. So what does this measure intend to do?

CS: I think it’s meant to build up confidence in law enforcement, and it’s a reflection of how big the TBI’s role is becoming in doing this.

In the past, police departments largely investigated themselves when their officers were involved in a shooting. Now people are demanding an outside inquiry.

The thinking behind this measure is that — whether the shooting is found to have been justified or not justified — the public has to believe in that determination. And that’s only going to come from opening the record.

You know, Tennessee’s open records law was seen as pretty broad when it was first passed, and one of the goals was to build confidence in government. Over time, the Open Records Act has been chipped away at, as exceptions to it were added. This shows, again, that openness can work to the government and the public’s benefit.

JMW: Another bill that has flown through committees deals with sexting and explicit snapchats by teenagers. I’ve seen it called a ban. But doesn’t this essentially create a new category of punishment so teens don’t end up being charged with felonies for having these pics on their phones?

CS: Right, the idea behind this bill is to give prosecutors and the courts more flexibility when it comes to dealing with minors who send sexually explicit images.

So, the situation they have in mind here is a little broader than just Snapchat. It basically applies anytime a teenager sends an explicit picture to someone else. And we’ve all heard about those images get passed along to friends and posted on social media, and the bullying or worse that can result from that.

But supporters of this measure say that, under current Tennessee law, they have only two options: The can charge minors with possessing child pornography or they can let them go. Having child pornography is a felony and could stay on a person’s record for the rest of their life. Letting them go is seen as pretty unfair.

This measure would create a middle ground whereby teens could be charged with a juvenile “status offense.” So there’s a punishment but not the same aftereffects as there would be if they were adults.

JMW: Last week a bill that offers up some relief for people who have been convicted of relatively low-level crimes saw widespread support. Nashville Republican Steve Dickerson says it is really a jobs bill? Is that the common ground for support on this?

CS: I think so. What you’re talking about is expungement — which is the erasing of a criminal record.

I think there’s an increasing awareness among lawmakers of both parties that there are a lot of people out there carrying criminal records who’ve changed their lives. People who maybe have been jailed for using or possessing drugs and don’t use drugs anymore. And they’re having trouble moving on because they still have to disclose their criminal convictions when they apply for jobs.

The idea behind expungement is it allows people to truthfully say “no” when asked, “Have you ever been convicted of a felony?”

There are a lot of other bills that fall into this same broad category of criminal justice reform. Earlier this year, the House seriously debated raising the limit for simple possession of marijuana. That could’ve meant a lot of people who are now charged with a felony would instead be charged with a misdemeanor.

That bill didn’t pass. But it’ll be interesting to see in future sessions if there’s bipartisan support for more criminal justice measures like these.

JMW: On paper the final vote on the state budget seems to be unanimous — or nearly so — most years. But it’s hard to believe that it passes through without some debate. Is some of that deal-making done beyond the chamber floors?

For sure, there’s usually a lot of horse-trading before it gets to the floor. Lawmakers will say to each other, “I’ll support funding for your project if you’ll support money for mine.”

That process usually starts with the governor. This year, Governor Haslam is suggesting putting aside some money for a new State Library & Archives building and to ensure the Ocoee River remains open for whitewater rafting and kayaking. Those are big projects, and they should be popular in Nashville and Southeast Tennessee.

But the question is, what do other parts of the state get? And lawmakers are going to be trying to answer that this week. They often say that it’s as hard to finalize budget when you have a surplus as when you have a deficit, because everyone wants a portion of that extra money for their district.

But, still, legislators think they can get all of that squared away this week.