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Safety Net Advocates Bracing for Big Cuts in Medicaid, Food Stamps

This story was originally published by the Institute for Public Service Reporting Memphis.

When Ashlie Bell-Seibers hears about congressional plans to slash Medicaid spending, she thinks about children she knows in Tennessee.

Children like Asher, 12, who sees 17 specialists and who is able to live and be cared for at home because she receives special coverage through TennCare, the state’s Medicaid program.

Then there’s Claire, age 10, who was born with a rare genetic condition that required life-saving open-heart surgery covered by TennCare.

And Aundrea, 8, one of three children in her family with hearing loss, Her growing body requires new and expensive hearing aids covered by TennCare.

Trip, who died at age 2, and whose chemotherapy treatments were covered by TennCare.

“He would have suffered more and died sooner without those treatments,” said Bell-Seibers, who works to support children and youth with special healthcare needs as director of Family Voices of Tennessee at the Tennessee Disability Coalition in Nashville.

Bell-Seibers and other safety net advocates are bracing for severe cuts in federal programs that provide food and health care to millions of lower-income adults and children in Tennessee.

Republican congressional leaders are looking for $2.5 trillion in budget cuts to pay for tax cuts for wealthier individuals and corporations, among other priorities of the incoming Trump administration.

Two of the largest targets seem to be Medicaid (called TennCare here) and SNAP (formerly called food stamps).

“These are massive cuts, bigger than anything we’ve ever encountered,” Gordon Bonnyman, staff attorney and co-founder of the Tennessee Justice Center (TJC) in Nashville, told dozens of safety net advocates in a zoom meeting last week. “They’re going to happen very fast and they’re going to hurt a lot of people.”

Bonnyman said the massive budget cuts will be “camouflaged” in the arcane congressional budget reconciliation process, which is “filibuster-proof,” requiring the approval of a simple majority of members of Congress.

“There are infinite and complex ways for Congress to cut safety net programs without calling them cuts,” Bonnyman said. “Any significant cuts will hurt people.”

Some programs already have been cut.

Four days before Christmas, Congress declined to extend a program that allowed states to replace stolen SNAP benefits with federal funds.

SNAP benefits are delivered on cards with magnetic stripes (and not more secure microchips) that are vulnerable to skimming. States have replaced more than $150 million in stolen benefits since January 2023. More than 11,000 Tennessee families have had their benefits stolen.

“Punishing Tennessee families who are the unwitting victims of crime is exactly the sort of government inefficiency that Donald Trump and his team vowed to root out,” said Signe Anderson, TJC’s senior director of nutrition services.

Punishing Tennessee families who are the unwitting victims of crime is exactly the sort of government inefficiency that Donald Trump and his team vowed to root out.

Signe Anderson, Tennessee Justice Center’s senior director of nutrition services.

The TJC and other advocates filed a lawsuit in federal court Tuesday to hold Tennessee’s Department of Human Services “accountable for its persistent failure to determine eligibility for SNAP benefits on time, in violation of federal law, resulting in significant harm to low-income households.”

Last summer, a federal judge in Nashville found that the state unlawfully terminated Medicaid coverage for tens of thousands of poor families and violated their rights. “Poor, disabled, and otherwise disadvantaged Tennesseans should not require luck, perseverance, and zealous lawyering to receive healthcare benefits they are entitled to under the law,” U.S. Dist. Judge Waverly D. Crenshaw wrote.

Meanwhile, advocates also are working to persuade Gov. Bill Lee to reverse his decision to forfeit federal funds for a program that provides free summer meals for up to 700,000 Tennessee children.

The Summer EBT program provides eligible families who have school-age children with a debit card preloaded with $40 a month per child. The card can only be used to buy food in June, July and August.

In a statement from Lee’s office, the governor said the Summer EBT program is a “pandemic-era” program that is “mostly duplicative.” He blamed “administrative cost burdens” as the reason he chose “not to renew our participation.”

But Congress made the program permanent in 2023. Tennessee received $78 million in federal funds for summer EBT last year and spent $5.7 million administering the program. Lee rejected $1.1 million in federal funds that could have been used to offset state costs this summer.

In a letter to Lee last week, U.S. Rep. Steve Cohen (D-Memphis), asked the governor to opt back into the Summer EBT program by the Feb. 15 deadline.

“Feeding our children is not just a matter of public policy,” Cohen wrote. “It is a moral imperative. Well-nourished children are better able to learn, grow, and lead healthy, well-adjusted lives.”

Summer EBT is a nutrition program run by the U.S. Department of Agriculture, which also runs the much larger Supplemental Nutrition Assistance Program, or SNAP, formerly known as food stamps.

SNAP costs the federal government about $110 billion a year. It’s one of the federal government’s largest entitlement programs, and one of the largest targets for budget cuts.

“It is also the most effective anti-hunger program in the U.S.,” Anderson said.

In Tennessee last year, SNAP benefits — which average $180 a month per household — helped about 820,000 residents, or about 12 percent of the state’s population.

Seventy-one percent are families with children. Thirty-five percent are seniors or disabled adults. Thirty-seven percent are working adults.

Medicaid, one of the largest non-military programs in the federal budget, seems to be the most vulnerable target for massive budget cuts in Washington.

Medicaid is a joint federal-state program that covers acute and long-term health care for groups of people with low income, primarily families with dependent children, elderly people (65 or older), and nonelderly people with disabilities.

One in five Tennesseans rely on Medicaid (TennCare) for healthcare and for protection from medical bankruptcy. That includes half of the state’s children, nearly two-thirds of the state’s nursing home residents, and half of pregnant mothers.

TennCare is the principal source of funding for rural healthcare, including drug and mental health treatment and prevention.

“We need to keep reminding lawmakers what these programs do for not just us, but what they do for the success of all Americans. Before these programs get cut, the time to remind lawmakers is right now,” said Jeff Strand, director of public policy for the Tennessee Disability Coalition.

The federal government spends more than $600 billion on Medicaid each year. States add another $200 billion.

Tennessee spends about $1.4 billion on TennCare, an amount exceeded only by K-12 public education.

Republican congressional leaders are looking at several options for reducing Medicaid’s overall cost.

• Imposing a “per capita cap”, a limit on total funding per enrollee, on federal Medicaid funding. Each state would be assigned its own initial per capita cap based on the state’s current or historical spending. That amount would be set to increase each year, but at a rate below the growth in per capita health care spending. Thus, the cuts would increase over time.

• Turning Medicaid into a block grant program. States would receive a fixed dollar amount each year that wouldn’t adjust for changes in enrollment. Currently, federal funding automatically increases as enrollment or costs increase at the state level. The Congressional Budget Office estimates the caps would cut federal spending by between $450 billion and $900 billion over nine years.

• Reducing “provider taxes” states can impose on hospitals, nursing homes and other health care providers as well as on Medicaid managed care plans. States use the taxes to offset their own costs for administering Medicaid programs. Restricting those taxes would force states to cut Medicaid enrollments and programs.

“These proposals would dramatically change Medicaid’s funding structure, deeply cut federal funding, and shift costs and financial risks to states,” the nonpartisan Center for Budget and Policy Priorities reported last week. “Faced with large and growing reductions in federal funding, states would cut eligibility and benefits, leaving millions of people without health coverage and access to needed care.”

“These proposals would dramatically change Medicaid’s funding structure, deeply cut federal funding, and shift costs and financial risks to states,” the nonpartisan Center for Budget and Policy Priorities reported last week. “Faced with large and growing reductions in federal funding, states would cut eligibility and benefits, leaving millions of people without health coverage and access to needed care.”

Safety net cuts could be especially damaging in Tennessee, where Medicaid is one of several social safety-net programs that the state doesn’t fully fund.

As the Institute for Public Service Reporting showed last year, those extra funds could have reduced the state’s child poverty rate by more than a third and the overall poverty rate by more than a quarter. That translates to about 90,000 fewer children under age 18 living in poverty in Tennessee.

In Nashville, Bell-Seibers wonders how many more children and adults she knows will lose access to health care in the coming months and years.

She also thinks about her own childhood battle with pediatric cancer and where she might be today without TennCare.

“TennCare saved my life,” she said. “TennCare allowed me to grow up and become a first-generation college student. TennCare allowed me to break the cycle of poverty in my family.”

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Here’s How to Get Around Tennessee’s Porn ID Restriction

Still want to watch PornHub (and other major porn sites) in Tennessee without an ID check? Here’s how: Download a VPN. (We’ll give you some how-to resources below.)   

Okay, a VPN may sound a little too complicated or somehow dark-web-ish or law-breaking or something. You can search for porn on social sites like X or Reddit. Easy peasy. (We’ll give you an example of that below, too.)

You probably already know that PornHub and other major porn sites have gone dark in Tennessee. Go to the PornHub site now and you’ll get only this:

Credit: PornHub

That’s Brazzers star Cherie Deville. The actor is also an adult film advocate and ambassador for others in the industry. In the video, Deville explains why PornHub completely disabled access to its site in Tennessee. 

”While safety and compliance are at the forefront of our mission, giving your ID card every time you want to visit an adult platform is not the most effective solution for protecting our users, and in fact, will put children and your privacy at risk,” Deville explains in the video. 

“In addition, mandating age verification without proper enforcement gives platforms the opportunity to choose whether or not to comply. As we’ve seen in other states, this just drives traffic to sites with far fewer safety measures in place. Very few sites are able to compare to the robust Trust and Safety measures we currently have in place.”

Deville says the best method to protect children from online pornography is to identify users by their devices and limit access on them. So, instead of PornHub shutting off the entire state of Tennessee, parents could restrict access to the site (and others like it) themselves on their children’s phones, computers, and tablets. 

Chief United States District Judge Sheryl Lipman in Memphis agrees. (Or, at least she did in a December 30th ruling.) 

Lipman (Credit: United state District Court Western District of Tennessee)

“Ultimately, (Tennessee’s new porn law’s) most glaring flaw is that it is not the least restrictive means of advancing Tennessee’s interest in protecting minors from pornography,” Lipman said. “If there is a less restrictive alternative that would serve the state’s purpose, the state ’must use that alternative.’ [Here, she was quoting from an earlier decision from a lawsuit involving Playboy magazine.]

“Blocking and filtering controls on individual devices are both more effective and less restrictive than the state’s suppression of speech at the source. These applications are more comprehensive than geography-based age restrictions because they prevent children from accessing harmful content no matter where they go, and they cannot be circumvented with a VPN.”

So the GOP-run Tennessee General Assembly’s law is not the most effective way to protect minors from online porn, say a federal judge and an adult film star. Also, Lipman added in her opinion that VPNs are effective ways to skirt Tennessee’s new law and called them ”available, affordable, and effective.”

This technology is available, affordable, and effective.”

Chief United States District Judge Sheryl Lipman

“These programs often come pre-installed on computers and phones, and some are free to download,” Lipman said of VPNs. “Unlike age-verification requirements at the source, parental controls on a device are highly customizable based on the user’s age and sensitivity — they would not prevent adults from accessing protected adult content, but they would prevent minors from accessing it. This technology is available, affordable, and effective.”

How to get a VPN and back to PornHub With No ID

Now, we’re back to VPNs, or “virtual private networks.” So, VPNs encrypt your internet connection and route it through servers in other physical places. Use a VPN, set it up as you like, and websites won’t know you’re in Tennessee (unless you tell them for some reason). 

I’m no VPN expert. But the folks at VPNPro definitely are. They have a full run-down on how to get around Tennessee’s new law with a VPN and unlock those website without an ID. Their in-depth process and VPN recommendations are here.  

In addition to the VPN work-around, social media is filled with adult content on sites don’t have to collect IDs because Tennessee’s law says more than a third of a website’s content must be porn to trigger the ID law. That being the case, porn that is on, say, X, is still readily available. As of Thursday morning, users could still find adult videos like this one from Deville herself. 

Credit: Cherie Deville via X
Credit: Cherie Deville via X

No, we’re not going to give you links.

Take note: The U.S. Supreme Court is set to take up a case about a similar law from Texas next week. If it rules the Texas ban unconstitutional, PornHub could again be open for business in Tennessee without requiring an ID. 

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Lee Calls Special Session; Foes Slam “Voucher Scam”

Tennessee Governor Bill Lee called a special session of the Tennessee General Assembly on Monday, January 27th to pass his school voucher plan, though one Democrat called the move an attempt “to use an unspeakable tragedy as a public relations stunt and political leverage.”

Lee announced the move Wednesday morning, after much speculation that he would call the session. The session will focus on his signature Education Reform Act. But the governor will also introduce a “disaster relief legislative package addressing recovery needs for Hurricane Helene, as well as future natural disasters. The session will also address public safety measures regarding immigration, as the incoming Trump Administration has called on states to prepare for policy implementation.” Lee promised details of all of these in the coming days and an official call. 

The announcement of the session Wednesday came with a joint statement from Lee, Lt. Gov. Randy McNally (R-Oak Ridge), House Speaker Cameron Sexton (R-Crossville), Senate Majority Leader Jack Johnson (R-Franklin), and House Majority Leader William Lamberth (R-Portland). 

“We believe the state has a responsibility to act quickly on issues that matter most to Tennesseans, and there is widespread support in the General Assembly and across Tennessee for a special session on the most pressing legislative priorities: the unified Education Freedom Act and a comprehensive relief package for Hurricane Helene and other disaster recovery efforts. 

“The majority of Tennesseans, regardless of political affiliation, have made it clear that they support empowering parents with school choice, and the best thing we can do for Tennessee students is deliver choices and public school resources without delay. 

“Additionally, Hurricane Helene was an unprecedented disaster across rural, at-risk, and distressed communities that cannot shoulder the local cost share of federal relief funds on their own. The state has an opportunity and obligation to partner with these impacted counties and develop innovative solutions for natural disasters going forward. 

“Finally, the American people elected President Trump with a mandate to enforce immigration laws and protect our communities, and Tennessee must have the resources ready to support the Administration on day one.”

Last week, House Democratic Caucus chairman Rep. John Ray Clemmons (D-Nashville) and Senate Democratic Caucus Chairwoman Sen. London Lamar (D-Memphis) condemned the idea of Lee’s special session. Here are their statements: 

Clemmons:

“It is inappropriate and highly offensive for Gov. Bill Lee to pair his voucher scam with much-needed relief for northeast Tennessee families. It gives one the impression that he is attempting to use an unspeakable tragedy as a public relations stunt and political leverage with several members of our body who have opposed vouchers in the past. 

“We could have and should have held a special session months ago to accomplish everything we need to do for these devastated communities, but Lee clearly and purposefully waited almost four months until he thought he had enough votes to pass his voucher scam. 

“There is nothing ’Christian’ about a man who demonstrates such callous indifference to the lives of Tennesseans and the well-being of entire communities as often as Bill Lee. 

“I trust that my colleagues across the aisle are incensed as I am and that they will hold the line on their opposition to a scam that would decimate public education, blow a hole in our state budget, and directly result in property tax increases in every county.”

Lamar:

“Gov. Lee’s push for private school vouchers is a direct affront to Tennessee families and taxpayers. The current voucher program in Tennessee is failing to deliver the promised benefits to students while siphoning essential funds from our public schools. 

“At a time when our communities are still grappling with the aftermath of recent storms, the last thing Tennessee needs is a special session to advance a flawed voucher policy. 

“If a special session is convened, our focus should be on unifying issues that directly impact our citizens: Storm recovery to ensure that all affected communities receive the necessary support to rebuild and recover, affordable housing for our working families, implementing measures to alleviate financial burdens on Tennessee households, and preventing crime. 

“Using storm relief as a pretext to promote a voucher scheme is a disservice to our families and undermines the real challenges we face. We must prioritize policies that strengthen our public schools, support our communities in recovery, and enhance the well-being of all Tennesseans.”

Here’s how others reacted to the news of Lee’s special session:

• Tanya T. Coats, a Knox County educator and president of the Tennessee Education Association:

“For months, East Tennesseans have been reeling from the aftermath of Hurricane Helene. It is high time to address the needs of families and communities that are suffering.

“While the General Assembly considers measures to support those recovering from a natural disaster, they should refrain from creating a man-made disaster. Reducing the state’s support of public schools to pay for vouchers will leave local governments to try to make up the difference. They’ll be forced to decide whether to raise taxes locally or reduce services, which can mean firing teachers and closing schools.

“Small towns can’t afford to lose their public schools — where more than 90 percent of students are educated — because of vouchers. Rural communities depend on local public schools to do more than just educate their students — they serve as community gathering places and are often the largest employer. During the days and weeks immediately following the flooding in East Tennessee, public schools served as hubs for distribution of aid to hurting Tennesseans.

“Governor Lee should focus on helping our neighbors, not pushing his statewide voucher scheme backed by out-of-state special interests.”

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State GOP Bill Would Tamp Down Hate Groups

With support from Metro Nashville’s mayor, two Republican lawmakers are sponsoring a measure designed to handcuff hate groups such as those that targeted a synagogue and marched in Nashville last year.

Notably, it prohibits the transport of people in box trucks, such as the rental vehicles used to carry neo-Nazi groups to Nashville locations, and gives police more latitude to charge people with violating the law.

But one First Amendment expert said the bill is on “constitutional thin ice” even though California adopted a similar law.

“It’s important to remember that hate speech is completely protected by the First Amendment to the U.S. Constitution. It’s not a close call. Hateful things are protected under the First Amendment no matter how ugly or disturbing or rude they happen to be,” said Ken Paulson, director of the Free Speech Center at MTSU in Murfreesboro.

Allowing government to define hate speech would be “extraordinarily dangerous,” Paulson added, because each administration could find different things to be hateful.

Those committing hate crimes need to be held accountable, says Tennessee House Majority Leader Rep. William Lamberth of a proposed bill. (Photo: John Partipilo)

House Majority Leader William Lamberth (R-Portland) sponsored a resolution in 2024 condemning neo-Nazis that marched through downtown Nashville carrying swastika flags and wearing masks. With the 2025 legislative session approaching on Jan. 14, Lamberth and Sen. Mark Pody (R-Lebanon) are sponsoring House Bill 55, which revamps state laws dealing with littering and trespassing, police procedures and obstruction of justice, and road safety to tamp down hate speech and intimidation.

Groups handed out anti-Jewish literature to members of a Nashville synagogue and held signs at overpasses promoting hateful messages.

“These tactics are deliberate efforts to terrify people and create profound distress,” Lamberth said in a statement. He added that people who commit hate crimes, “often anonymously,” should be held accountable. 

Pody, who represents part of Davidson County, said the bill represents the state’s “unwavering commitment” to protecting communities from antisemitism, intimidation and extremism.

Dubbed the Protecting Everyone Against Crime and Extremism Act (PEACE) Act, the bill sets up new limitations for littering and trespassing to keep hate groups from flooding neighborhoods and parking lots with fliers.

Lamberth said Monday the bill is “carefully crafted” to avoid problems with broad interpretation or the potential for police to crack down on rallies and protests that don’t involve hate speech.

The Metro Nashville Council passed an ordinance last year targeting hate groups after marches took place in Nashville, and Mayor Freddie O’Connell said in a statement he appreciates the effort to stop such intimidation and give law enforcement more tools to handle these situations.

“It sends the message that hateful acts will never be tolerated here,” O’Connell said.

The Tennessee Bureau of Investigation reported 122 incidents in 2023 motivated by bias involving race, religion, sexuality, and disability, down slightly from 129 in 2022 and 135 in 2021. Some 35 percent to 41 percent of those were anti-Black or African American, the report shows.

It’s not a close call. Hateful things are protected under the First Amendment no matter how ugly or disturbing or rude they happen to be.

– Ken Paulson, director, Free Speech Center at Middle Tennessee State University

State Rep. John Ray Clemmons (D-Nashville) said Monday he appreciates the spirit of the legislation because he feels too many people, including his family, have been victims of the type of hate speech the bill is trying to prevent. Clemmons, though, indicated the measure might need changes.

“I hope to work with the sponsors to ensure that the legislation, in its final form, is constitutionally sound and achieves its stated, intended purpose,” said Clemmons, chairman of the House Democratic Caucus.

The measure makes it a Class A misdemeanor to pass out literature considered a form of hate speech or intimidate someone to prevent them from exercising constitutional rights such as religious freedom or the ability to vote.

The bill also gives law enforcement officers more leeway for enforcement.

For the second week in a row, neo-Nazis take to Nashville streets

It creates a buffer zone of 25 feet between officers and people who are ordered to stop and makes it a Class B misdemeanor to violate that space.

The bill also requires a person to give their name to an officer who asks them to identify themselves and makes it a Class C misdemeanor to refuse or to give a fake name.

Using a box truck to transport people would be made a Class B misdemeanor under the bill. At least one group used a rental truck to bring its members into town to rally.

Likewise, the bill would make it illegal to put a sign, signal or marking on a bridge, overpass or tunnel.

In addition, police could use “probable cause” to charge someone with violating the law regardless of whether they saw the person commit the act.

Paulson said most controversies have two points of view, and each side believes the other is hateful. 

Governments can ban all littering and banners hanging from overpasses, but they can’t prohibit only those pieces of literature and banners they regard as hateful, Paulson said.

“If you ban Nazi pamphlets, you also have to ban pizza joints passing out coupons in public. You cannot discriminate on the basis of ideas,” he said.

Tennessee Lookout is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Tennessee Lookout maintains editorial independence. Contact Editor Holly McCall for questions: info@tennesseelookout.com.

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State Democrats Expected to Push Universal Pre-K, Recycling, Roads, and More

Tennessee Democrats recently unveiled legislation they’ll push in January’s session of the Tennessee General Assembly on issues of jobs, universal pre-K, and roads — and they issued questions on repealing the state sales tax on groceries. 

Universal pre-K   

Sen. Charlane Oliver (D-Nashville) and Rep. Aftyn Behn (D-Nashville introduced a bill to provide free, universal pre-kindergarten for all 4-year-olds in Tennessee. The proposal aims to reduce childcare costs, boost family incomes, and improve educational outcomes statewide.

The bill would require all school districts to offer pre-K, using a new funding mechanism: a 9.5 percent tax on social media advertising by major tech companies operating in Tennessee. Universal pre-K increases parental earnings by 21 percent and delivers $5.51 in benefits for every dollar invested, according to the nonpartisan National Bureau of Economic Research. 

“Every child deserves access to a great education, and universal pre-K is the best way to ensure that opportunity begins at the earliest stages of learning,” Oliver, a working mother of three, said in a statement. “This isn’t just an investment in our kids; it’s an economic lifeline for working families. Universal pre-K reduces childcare costs, boosts family incomes, and strengthens Tennessee’s workforce. It’s time to deliver real relief to families who are stretched too thin.”

Only 20 percent of Tennessee’s 4-year-olds are enrolled in state pre-K programs, according to the nonpartisan National Institute for Early Education Research. Oliver and Behn argue their plan will close this gap and bolster Tennessee’s economy.

“Working families are the backbone of Tennessee, but far too many struggle to afford high-quality preschool for their children,” said Rep. Behn. “This legislation cuts costs, gives families a raise, and ensures every child gets a strong start in life. The research is clear: when families have access to free pre-K, parents can work more, earn more, and build a more secure future for their children. It’s a win for families, businesses, and the state economy.”

Waste to Jobs

Sen. Heidi Campbell (D-Nashville) introduced the Tennessee Waste to Jobs Act, a bill to transform the state’s waste management system by expanding recycling access, reducing landfill waste, creating over 7,700 jobs, and having packing producers to pay for it.

Under the legislation, the producers who create product packaging would join a statewide Producer Responsibility Organization (PRO), which will work with local governments to manage and fund recycling programs using an innovative extended producer responsibility model. Producers will finance recycling services based on the type and volume of packaging they produce, freeing local governments from bearing these costs.

The network would also work with local governments to implement programs to educate consumers, reduce waste, and expand recycling access underserved areas. Counties with a population of less than 200,000 would have to opt into the program.

Campbell said the bill could divert and repurpose 950,000 tons of waste bound for landfills. 

“Tennessee is at a crossroads,” Campbell said in a statement. “We can continue to watch our landfills overflow, and our resources go to waste, or we can lead the Southeast in building a robust recycling economy that works for our families, businesses, and future.

“The Tennessee Waste to Jobs Act creates over 7,700 jobs, brings $300 million annually into our state, and ensures local governments save millions while providing access to recycling for every community that opts in to the program.”

Tennessee fell one spot on Ball’s annual recycling report. The state recycles 5 percent of its waste. This is down slightly from 2021 to earn Tennessee a 48th ranking of 50 states. 

Read more about Tennessee’s recycling trends from Ball here: 

“Rocky Top, Not Rocky Roads”

Tennessee Democrats are also expected to push an infrastructure plan next year to battle the state’s “growing traffic crisis,” and “crumbling transportation infrastructure,” laying blame at the feet of the Republican supermajority. 

Read more about it in our previous story here.

In a Nashville news conference in October, lawmakers launched the “Rocky Top, Not Rocky Roads” campaign, highlighting road conditions and traffic congestion. They pointed to an annual state infrastructure audit that said the state now faces a $34 billion backlog in transportation projects. 

The plan would have Tennessee’s government issuing debt rather than relying on in-hand revenues to increase the state’s ability to invest in large-scale infrastructure programs, the lawmakers said.  

Grocery tax cut

Democrats have pushed the GOP supermajority to cut the taxes on groceries in Tennessee. When Gov. Bill Lee paused the tax for 30 days back in 2017, Democrats said they’d pushed the idea for a decade.

Oliver and Behn worked this past legislative session to eliminate Tennessee’s sales tax on groceries. The effort was thwarted and the two said, “Republicans in the state legislature opted to pass a $5.5 billion tax handout for large corporations instead.”

But the GOP seems poised to review the tax cut next session. House Bill 21 says it would exempt “from the state sales and use tax the retail sale of food and food ingredients.” Its sponsors are state Rep. Elaine Davis (R-Knoxville) and House Majority Leader William Lamberth (R-Portland).

Democrats said, based on this year’s review of cutting the tax, it would leave a $755 million hole in the state budget. So far, Republicans have not said how they’d replace that money.

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New Blended Sentencing Law Could Send Hundreds of Youth to Adult System

The exterior of the Memphis-Shelby County Juvenile Court in downtown Memphis. Photo by Andrea Morales for MLK50

This story was originally published by MLK50: Justice Through Journalism. Subscribe to their newsletter here.

In January, a new “blended sentencing” law will go into effect in Tennessee that could usher hundreds of children into the adult criminal justice system with fewer checks than the existing adult transfer process. It will also keep those kids in the juvenile justice system longer. 

The law is “extremely harmful for youth in Memphis,” said Ala’a Alattiyat, coordinator for the Youth Justice Action Council. “It will not keep our community safer, and it will continue to perpetuate the cyclical nature of the justice system by making it harder for youth to exit that cycle.”

Children as young as 14 could be subject to blended sentencing. These children will be required to serve juvenile sentences until they turn 19. They will also face up to four years of adult prison or probation.

Initially, this adult sentence is stayed, meaning it will only take effect if certain criteria are met. Only one of these criteria concerns whether a child has committed another delinquent act.

As a result, kids could end up in adult prison without committing another crime, said Zoe Jamail, policy coordinator at Disability Rights Tennessee. Instead, the text of the law allows children to increase their risk of going to prison by breaking curfew or failing to graduate from high school. 

Ultimately, children “who would otherwise never have been facing an adult sentence” will be swept into the adult system, said Jasmine Ying Miller, a senior attorney at Youth Law Center.

Read more about how the law will work here. 

Blended sentencing is part of a broader effort by some lawmakers to make Tennessee’s juvenile justice system more punitive, even though rates of youth crime in the state have been declining for at least a decade. 

In April, the state legislature passed the “Juvenile Organized Retail Theft Act,” which allows children to be tried as adults for shoplifting or stealing a gun. In May, it passed the “Parental Accountability Act,” which allows judges to fine parents for offenses committed by their children.

Rep. John Gillespie. Photo by Andrea Morales for MLK50

The blended sentencing legislation, which also passed in May, was introduced and sponsored by several Memphis-area lawmakers. In the State Senate, the bill was sponsored by state Sen. Brent Taylor (R-Memphis). In the House, the bill was sponsored by Rep. Mark White (R-Memphis), Rep. John Gillespie (R-Memphis), and Rep. G.A. Hardaway (D-Memphis). 

“State policies related to youth justice consistently and disproportionately target Memphis, which is a predominantly Black city,” said Alattiyat. As a result, “this type of law always ends up disproportionately targeting Black youth.”

Blended sentencing’s sponsors often imply — incorrectly — that youth are responsible for most of Memphis’s crime. 

“We are living in a state of fear in Memphis, in the surrounding area,” Rep. Gillespie told colleagues during a House discussion of blended sentencing, “and it is almost entirely because of juveniles committing violent crimes that are going unpunished.”

These claims are misleading. Memphis-Shelby County Juvenile Court has said that adults are responsible for most crimes in the county. Children do seem to be disproportionately involved in car theft; about a third of those charged with vehicle-related crimes are youth offenders, according to the Memphis Police Department. Available data suggest that youth are less involved in violent crime. 

According to statistics maintained by the Memphis-Shelby County Juvenile Court, juvenile crime did increase in 2022. But by 2023, juvenile crime had fallen to the same level as 2021. Overall, juvenile crime in Memphis has been on a steady decline since at least 2011. 

Nevertheless, legislators insist that drastic action must be taken on youth crime in Memphis.

Rep. Mark White during a House committee hearing in March of this year. Photo by Andrea Morales for MLK50

“Juvenile laws traditionally have been there to protect the juvenile,” said White, who introduced the bill in the House. In his view, protection is no longer the right approach. “We’re living in a different time with some of the crimes committed by these 14, 15, 16, 17-year-olds.”

Currently, Tennessee’s juvenile justice system operates on two tracks: either children remain in the juvenile system — where they must be released by 19, no matter the offense they’ve committed — or they can be transferred to the adult system. 

White believes that the first track, in which children remain in the juvenile system until age 19, enables juvenile crime. Under the current system, children “can shoot and kill a person at 17 and go free at 19,” he said. 

Children accused of murder and attempted murder are usually transferred to adult court unless they have been abused or coerced, lawyers say.

Some juvenile judges also take issue with this part of the law; they’d like the option to keep older kids who have committed serious offenses in the juvenile system beyond 19.

“We all want a tool where we can extend jurisdiction to capture youth past the age of 19,” said Judge Aftan Strong, chief magistrate of Memphis-Shelby County’s Juvenile Court. “Extended jurisdiction” would give courts more time to rehabilitate young offenders, she said. 

Blended sentencing bears little resemblance to this policy. And while juvenile judges are legally required to rehabilitate youth offenders, the architects of blended sentencing have made it clear that rehabilitation is beside the point. 

White introduced an initial version of blended sentencing to the legislature in April 2023. The next month, White published an op-ed where he wrote, “We are well past the time of ‘we need to rehabilitate our youth.’” Instead, he wrote, the juvenile justice system should focus on “discipline, correction and punishment.” 

A view of the state legislature floor during a House session in March 2023. Photo by Andrea Morales for MLK50

In that same op-ed, White compared Memphis’ “undisciplined youth” to the 1870s yellow fever epidemic that killed or displaced 30,000 Memphians.

Ultimately, blended sentencing will likely incarcerate more children while failing to address youth crime, critics say. Empirical research on young people “does not support this viewpoint that you can punish your way into reducing crime.” said Cardell Orrin, Tennessee executive director at Stand for Children. 

White is not concerned by this critique. “We have to have a system where [young offenders] understand the seriousness of what they did and that they will be detained in the system,” White told MLK50. 

“A lot of the issues are coming from 2 percent-4 percent of our [youth] population,” he continued. “If we would just detain those people and make believers out of them, it may keep other people from reoffending.” 

Four percent of Memphis’ population between the ages of 10 and 17 is roughly 2,700 children, based on available U.S. census data. 

“We may have to go too far to one side trying to correct it in order to get back to sanity,” said White.

Rebecca Cadenhead is the youth and juvenile justice reporter for MLK50: Justice Through Journalism. She is also a corps member with Report for America, a national service program that places journalists in local newsrooms. Email her  rebecca.cadenhead@mlk50.com.

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State Budget Flags On Business Tax Breaks

Tennessee’s State Funding Board approved conservative growth rates Thursday as revenue flags in the wake of a major business tax reduction.

The board, which is made up of the state’s three constitutional officers and finance commissioner, set a growth rate in general fund revenue of 1 percent to 2 percent and total tax growth at 1.25 percent to 2.15 percent for fiscal 2025-26.

With this year’s overall budget at $52.8 billion, the board maintained the total growth rate projection for fiscal 2024-25 at negative-1.68 percent to negative-1.34 percent. The board was forced to roll back projections at mid-year because of weak revenue.

Economic experts told the board earlier this month that the economy is in good shape but that growth is slowing after double-digit revenue two years ago. The state also is facing a $1.9 billion business tax reduction over several years after lawmakers approved a request by Gov. Bill Lee to eliminate the property portion of the state’s franchise and excise taxes. That came on the heels of a business tax break the previous year.

Tennessee lawmakers still at odds over business tax cut as session enters final days

The Department of Revenue has processed nearly $900 million in rebates this year, and more are expected.

Tennessee’s growth rate usually lies between 3.5 percent to 5 percent, but staff expected revenue to slow down and built in a cushion over the past two years, Budget Director David Thurman said.

In recent budget hearings, state departments and agencies requested more than $4.2 billion in funding increases for fiscal 2025-26 to deal with inflation and improvements in state services. But the revenue forecast isn’t expected to come close to matching that figure, even with federal funds covering some of the costs.

The weak budget outlook could affect lawmakers’ decisions on providing funds to flood-ravage counties in East Tennessee and the governor’s proposed private-school voucher program, which was not approved this year but has $144 million in unused funds in the budget.

Tennessee Lookout is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Tennessee Lookout maintains editorial independence. Contact Editor Holly McCall for questions: info@tennesseelookout.com. Follow Tennessee Lookout on Facebook and X.

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Hemp Flower Set to Disappear from Stores Next Month

Hemp flower is still set to disappear from store shelves on December 26th after state lawmakers left a new rule in place this week, one that cannabis industry leaders say could decimate their businesses.

Cannabis farmers and retailers already adhere to a state law that limits products to a maximum of .3 percent THC. The new rule, set not by lawmakers but the Tennessee Department of Agriculture (TDOA), includes new testing for THCA levels, which can rise in products on store shelves or after purchase by being heated. 

The new rule would stop the sale of smokeable hemp flower, those recognizable green nuggets that can be crushed, rolled in a joint, or lit in the bowl of a bong. Pushback on the sale of hemp flowers comes largely from GOP members of the Tennessee General Assembly. Their objection being, basically, that smoking dry flower can get users high from legal products.

 On his way to Wednesday’s joint House and Senate hearing on the TDOA’s new cannabis rules, Soddy Daisy cannabis farmer and Farm to Med retail owner Chris Sumrell, said he passed two groups of people smoking cannabis. Public consumption is a problem, he said, even noting that if “someone that looked like me [with long hair and a beard]” was smoking cannabis next to his family in a park, he’d move away from them. But lawmakers should not take the product away form retailers.

“What do people do with the flower? They smoke it,” Sumrell testified. “We can’t stop them from doing that. If we take this off the counter, and don’t regulate it, and tax it, they’re gonna go to the black market or take their business across state lines.” 

Sumrell’s testimony on his cannabis use was one of the clearest public delineations between smokeable products and edibles given to state lawmakers in years of debate. The new rules would test products at or after the moment of decarboxylation. This process, usually done with heat, converts THCA into THC, releases psychoactive compounds, and gets users high. 

Here’s how Sumrell described the nitty-gritty: 

”Anybody that uses cannabis will tell you that eating cannabis and smoking cannabis are two completely different things. I don’t eat it at all. I don’t like it because that’s the Delta 9. That’s the psychoactive narcotic. The walls can melt if you take on too much of that stuff, okay? 

“But smoking it, it’s a different property altogether. That’s combustion, not decarboxylation. 

“So, that’s where the wall is very confusing because say we’re talking about decarboxylation to somebody that’s a scientist. They’re gonna say, ‘well, they’re talking about cooking with it.’ No, they’re talking about using this to take the [hemp flower] off of the table. Well, that’s combusting it. That’s a different chemical process. This is science. 

“THCA flower does not turn into a psychoactive narcotic until you cook with it through decarboxylation. Decarboxylation’s prime temperature is 200 to 250 degrees, but starts at 98 degrees. So, just leaving that flower in the window can turn it to Delta 9. But if I’m striking a lighter to it, that’s combusting it into a [non-psychoactive] CBN and not a Delta 9.”

House Speaker Rep. William Lamberth (R-Portland) sponsored the overarching cannabis regulation bill two years ago. He worked closely with farmers, retailers, and government officials in drafting the bill. The bill put cannabis products behind many store shelves, and issued labeling requirements and THC limits. It also gave control of the state’s cannabis program to the TDOA, which added the rule that would ban THCA flower. 

On Wednesday, Lamberth pushed to keep the department’s rule in place for now so businesses could still operate. But he said he anticipated legislation on the matter in next year’s legislative session, which, perhaps, left the door open to smokeable products in the future. 

Jeff Sullivan, a former Memphian, and now vice president of sales with Chattanooga-based Snapdragon Hemp, pushed the debate from science, intoxication, and governance to straight economics. 

“Chris [Sumrell] will lose his farm,” Sullivan said. “Chris will lose his retail industry along with many, many other companies in Tennessee if their particular rules stay in place. It eliminates that much of their total business, their bottom line.”

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School Vouchers Are Back, With GOP Leaders On the Same Page

Seven months after Gov. Bill Lee’s first universal school voucher bill died over disagreements within the legislature’s Republican supermajority, GOP leaders were unified as they introduced new legislation Wednesday.

House and Senate majority leaders William Lamberth and Jack Johnson filed identical bills to create Education Freedom Scholarships giving $7,075 each in public funding for a private education for up to 20,000 students, beginning next fall.

Recipients in grades 3-11 would be required to take a national or state standardized achievement test to track the program’s effectiveness.

In an effort to garner support among public school advocates, the proposal calls for giving every public school teacher in Tennessee a one-time $2,000 bonus. It also would direct 80 percent of tax revenues from Tennessee’s new sports betting industry toward local school building costs, especially for emergency needs and for 38 rural counties designated as distressed or at risk.

In a statement, the governor said he looks forward to delivering on his promise for more education choices for parents.

“For more than a year, I have worked in partnership with the General Assembly to introduce a unified school choice plan that empowers parents when it comes to their child’s education and further invests in Tennessee’s public schools and teachers,” Lee said.

Both Lt. Gov. Randy McNally and House Speaker Cameron Sexton issued statements of support.

The bills were the first legislation introduced for the next General Assembly to consider when it convenes Jan. 14, signaling the governor’s intention to make the issue his top legislative priority for a second straight year.

The proposal arrived one day after pivotal elections in which vouchers were an issue in numerous legislative races across Tennessee, and on the ballot in other states. Republicans retained their grip on both of Tennessee’s legislative chambers, while voters in Colorado, Kentucky, and Nebraska rejected measures that would have steered public dollars toward private schools.

Lee is expected to speak with reporters later Wednesday about his latest plan, including whether he intends to call a special session in January to focus on it exclusively.

The governor successfully pushed for a 2019 law to create a smaller voucher program in Nashville and Memphis, which has since expanded to Chattanooga. The state comptroller’s first report on that “pilot” program’s effectiveness is due Jan. 1, 2026.

This is a developing story. Check back for updates.

Chalkbeat is a nonprofit news site covering educational change in public schools.

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Lawmakers Revisit West Tennessee Wetlands Development

Tennessee lawmakers are revisiting plans to roll back state regulations that protect nearly half a million acres of Tennessee wetlands from development.

For months, the Tennessee Department of Environment and Conservation has elicited feedback from developers and conservation groups, at odds over state wetland policy, in order to achieve consensus.

Thursday’s meeting of the Senate Energy, Agriculture and Natural Resources Committee demonstrated how little agreement has been achieved thus far.

Allowing unchecked development on Tennessee’s wetlands — which serve to absorb floodwaters and replenish aquifers — could lead to flooding that will cost taxpayers “millions and millions of dollars down the road,” David Salyers, commissioner of the Tennessee Department of Environment and Conservation (TDEC), told lawmakers.

“There’s about seven million Tennesseans that hope we get this right,” Salyers said “There are future generations that depend on us to get this right.”

Developers, seeking to gain from building boom tied to Ford plant, push for weaker wetland rules

Salyer’s agency has proposed doubling the area of wetlands that can be developed without a state permit from a quarter-acre to half an acre. The agency has also proposed reducing costly payments from developers tied to the area of wetlands they propose to disturb. And it has proposed streamlining red tape.

TDEC’s recommendations followed the efforts earlier this year by Collierville Republican Kevin Vaughan, to significantly roll back wetland protections. Vaughan’s bill ultimately failed, but could be revived when the legislature reconvenes in January.

Developers who testified Thursday criticized TDEC recommendations for not going far enough to remove onerous hurdles that drive up project timelines and increase costs.

“We’re not looking at a broad redo of wetlands across the state…we’re not looking to damage the hunting lands that are out there. We’re not looking to create floods,” said Keith Grant, a West Tennessee developer, who noted that Tennessee currently has stricter protections over small and isolated wetlands than 24 states and the federal government.

Connecting the dots between Tenn.’s home builders and bill to deregulate construction on wetlands 

“Why would Tennessee be more stringent in regulating wetlands than our federal government when regulation lowers property owners values and increases housing costs for tax paying citizens of Tennessee?” he said.

Conservationists, however, noted the increase in frequency of drought and flooding Tennessee has experienced in recent years, making the natural safeguards that wetlands provide even more vital.

“This is not the right time to turbocharge the hardening of our landscapes, but if we remove our wetlands protections that is exactly what will happen,” said George Nolan, director of the Tennessee office of the Southern Environmental Law Center.

There is no action expected on state wetlands policy until the Legislature reconvenes in January.

Tennessee Lookout is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Tennessee Lookout maintains editorial independence. Contact Editor Holly McCall for questions: info@tennesseelookout.com. Follow Tennessee Lookout on Facebook and X.