Senate passes workforce-housing pilot, education bills; rejects increase to maternal-negligence cap

NASHVILLE — After a morning of ceremonial recognitions, the Tennessee Senate moved through a heavy message calendar and took final votes on a slate of House and Senate measures, including a housing pilot, multiple education bills and a contested proposal to increase the cap on non‑economic damages in certain maternal‑negligence wrongful‑death cases.

On housing, the Senate adopted House Bill 25‑09 (substituted for Senate Bill 24‑10), a pilot program administered by the Tennessee Housing Development Agency that would provide public–private loans and incentives for workforce housing targeted to households earning roughly 80%–150% of area median income. Senator Powers said the pilot will prioritize developments near employment centers and require applications be submitted by March 31, 2027; the chamber passed the bill on third and final consideration (Ayes 32, No nays).

Education measures also moved forward. The Senate passed House Bill 23‑43, modernizing teacher leave rules and adjusting sick/personal leave caps, and approved Senate Bill 15‑85 with provisions allowing private schools that accept education savings accounts to use either TCAP or nationally recognized norm‑referenced tests for accountability reporting (Ayes 22, Nays 11). Senator Johnson told colleagues he would “accept no further changes” to the ESA testing bill and urged members to vote.

A more contentious debate focused on House Bill 25‑85 (substitute for Senate Bill 26‑21), a proposal to increase the non‑economic damages cap for certain maternal‑negligence wrongful‑death claims — effectively adjusting a 2014 cap for inflation. Senator Lamar described the change as narrow and limited to wrongful‑death cases tied to obstetric negligence: "This bill is about when someone actually dies," she said. Opponents, including the finance chairman, warned that indexing the cap would erode protections that have helped keep liability costs manageable—particularly for rural hospitals. After extended debate, the Senate rejected the bill (Ayes 12, Nays 19), and the measure was returned to the calendar.

On public‑safety and intergovernmental policy, the Senate considered requirements for county participation in 287(g) memoranda with federal authorities. Senator Yarbrough raised concerns that making such memoranda mandatory would amount to an unfunded mandate on counties; Leader Johnson responded that the legislature previously set aside an incentive fund (about $5 million) and that so far local jurisdictions had drawn only modest amounts. The Senate ultimately passed House Bill 22‑19 (Ayes 24, Nays 7).

Other items on the message calendar cleared the chamber by recorded vote or unanimous consent, including conference‑committee reports and local bills. After concluding votes on the message calendar, the Senate recessed for lunch and sent numerous items to conference committees for further negotiation.

Votes at a glance

- House Bill 23‑74 (conference report adopted): Aye (voice/board declared; recorded as 32 ayes). - House Bill 18‑57 (conference report adopted): adopted (tally on board recorded; final action taken by Senate). - House Bill 29 (reconsidered, adopted with a Senate finance amendment setting effective date 01/01/2027): Ayes 31, Nays 0. - House Bill 25‑85 (maternal‑negligence damages cap, substitute): Rejected — Ayes 12, Nays 19. - House Bill 25‑09 / Senate Bill 24‑10 (workforce housing pilot): Passed — Ayes 32, Nays 0. - Senate Bill 15‑85 (ESA/private‑school testing flexibility): Passed — Ayes 22, Nays 11. - House Bill 22‑19 (287(g) participation / MOUs): Passed — Ayes 24, Nays 7.

The Senate recessed for lunch at the close of the message‑calendar votes and scheduled several conference committees to meet during the break.