Tuesdays in Tennessee
Update for the week of April 12-18, 2023
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I promise that a full Library Research Notes post will be coming soon, but until then I intend to keep you informed on the previous weeks legislation in Tennessee. On that note…
…as of 4.18.2023
Yesterday, Governor Lee signed this bill into law…
This bill prohibits local governments from expending funds for the purposes of assisting a person in obtaining an abortion, specifically including expending funds as part of a health benefit plan or for travel to a state where abortion is legal.
ON MARCH 13, 2023, THE SENATE ADOPTED AMENDMENT #2 AND PASSED SENATE BILL 600, AS AMENDED.
AMENDMENT #2 rewrites this bill to prohibit local governments from expending funds for the purposes of assisting a person in obtaining a criminal abortion. This prohibition includes expending funds as part of a health benefit plan or for travel to another state for the purpose of obtaining an abortion that would be a criminal abortion if performed in this state.
And today, this bill was submitted to Governor Lee for his signature…
SB0745/HB0883: This bill appears to have overturned the ‘affirmative defense’ clause in the abortion trigger ban…
Here is the full summary of the bill:
ON MARCH 20, 2023, THE HOUSE ADOPTED AMENDMENTS # 1, AS AMENDED, AND 2, AND PASSED HOUSE BILL 883, AS AMENDED.
AMENDMENT #1, AS AMENDED, rewrites this bill to make the following changes and additions to present law concerning abortion:
(1) Present law generally makes it a Class C felony offense to perform an abortion in Tennessee. The criminal abortion law defines abortion in a manner that it is not an offense to use an instrument, medicine, drug, or any other substance or device with intent to terminate the pregnancy of a woman known to be pregnant with intent to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus. This amendment adds termination of a pregnancy with the intent to terminate an ectopic or molar pregnancy to the list of actions that do not constitute criminal abortion;
(2) Under present law, it is an affirmative defense to prosecution for criminal abortion, which must be proven by a preponderance of the evidence, that:
(A) The abortion was performed or attempted by a licensed physician;
(B) The physician determined, in the physician's good faith medical judgment, based upon the facts known to the physician at the time, that the abortion was necessary to prevent the death of the pregnant woman or to prevent serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman. A claim or a diagnosis that the woman will engage in conduct that would result in her death or substantial and irreversible impairment of a major bodily function or for any reason relating to her mental health is insufficient to establish this element of the defense; and
(C) Generally, the physician performs or attempts to perform the abortion in the manner which provides the best opportunity for the unborn child to survive.
This amendment replaces the affirmative defense and instead provides that it is not an offense for a physician to perform an abortion under circumstances that are substantially similar to those required to establish the affirmative defense under present law;
(3) This amendment clarifies that so long as the criminal abortion law is in effect, such law supersedes other provisions of present law concerning non-performance of abortions when a fetus is viable, fetal heartbeat, prohibition of race-based or Down syndrome-based abortion, and warnings concerning chemical abortions;
(4) This amendment removes a prior criminal abortion law, which delineated prohibited acts based on whether a pregnancy lasted three months or longer;
(5) Present law authorizes the commissioner of health to consider certain things when promulgating rules to effectuate the purposes of the law pertaining to the disposition of aborted fetal remains. One such consideration is the need to establish procedures for the pregnant woman or the pregnant woman's authorized representative to complete the forms within a reasonable time following a medical emergency, in situations where a medical emergency prevents the pregnant woman from completing the forms. This amendment removes a cross reference to the definition of "medical emergency", which is in one of the sections of present law that this amendment specifies will be superseded by the criminal abortion law;
(6) Present law prohibits a health care plan required to be established in Tennessee through an exchange pursuant to federal health care reform legislation enacted by the 111th Congress from offering coverage for abortion services. This amendment limits the prohibition to coverage for prohibited abortion services, meaning services that constitute the offense of criminal abortion; and
(7) This amendment requires the attorney general and reporter to notify the Tennessee Code Commission if the criminal abortion law is no longer in effect.
AMENDMENT #2 adds a requirement that the department of health collect the reports concerning the disposition of aborted fetal tissue that are required by present law and report quarterly the number of abortions performed in this state to the governor, the speaker of the senate, the speaker of the house of representatives, and the chairs of the health and welfare committee of the senate and the health committee of the house of representatives no later than January 1, April 1, July 1, and October 1 of each year.
On 4.13.2023, Governor Lee signed this bill into law…
As enacted, expands employees allowed to carry a handgun on property owned, operated, or controlled by a public institution of higher education to include retired law enforcement officers who retired in good standing with 20 years of service and are employed on a part-time basis by a public institution of higher education.
So I guess all that talk of ‘red flag laws’ was moot. Instead, we are just going to expand the number of people who can be armed on campuses.
And by all means…let’s pass this bill (on 4.18.2023) to protect the people who SELL the guns. We believe in protecting property and business, but not people. That tracks.
As introduced, limits the circumstances under which a qualified civil liability action may be brought against certain manufacturers, dealers, and sellers of firearms and related products.
The bills I mentioned last week, that were all filed by Democrats to make it safer for Tennessee residents to live? They were all referred to the delayed bills committee. Looks like they are trying to wrap up the session as quickly as possible and distance themselves from the racist actions of the House Republicans, but we will not forget. We will keep watching and waiting and VOTING.
On the education side, this bill was in the Senate on 4.17 and will probably pass through the House later this week.
As introduced, authorizes a private school to create a policy to regulate a student's participation in the school's athletic activities or events based upon a student's biological sex.
ON APRIL 13, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1237, AS AMENDED.
AMENDMENT #1 rewrites this bill to provide that a student enrolled in a private school in this state is only eligible to participate in an interscholastic athletic activity or event, where membership in the Tennessee Secondary School Athletic Association is required, in accordance with the student's immutable biological sex as determined by anatomy and genetics existing at the time of birth. This requirement does not prohibit a female student from participating on a team designated for male students if the school does not offer a separate team for female students in that sport.
They also passed this bill, in the Senate, and it is scheduled for the House Floor vote on 4.20…
As introduced, specifies that a teacher or other employee of a public school or LEA is not required to refer to a student using the student's preferred pronoun if the pronoun is not consistent with the student's biological sex; insulates a teacher or other employee of a public school or LEA from civil liability and adverse employment action for referring to a student using the pronoun that is consistent with the student's biological sex.
The House Republicans also took the time to push through this amendment to the “Tennessee Higher Education Freedom of Expression and Transparency Act”, aka the ‘Divisive Concepts Prohibition’ act.
AMENDMENT #1 makes the following changes and additions to this bill:
(1) Revises some of the legislative findings;
(2) Requires an institution to take appropriate steps to correct any violation that is found to have occurred after a report is filed;
(3) Replaces the requirement that an institution make reports available for public inspection on the institution's website with a requirement that an institution report violations and any corrective action annually to the comptroller of the treasury through the comptroller's office of research and education accountability;
(4) Deletes the requirement that each institution publish a current syllabus for every course offered in the current semester on the institution's website and the requirement to submit data and information pertaining to details on the number of students who completed a program at the institution for the three most recent academic years;
(5) Prohibits a public institution of higher education from requiring an applicant for employment or admission to submit a personal diversity statement or to affirm the applicant's agreement with an institutional diversity statement as part of the application or admissions process;
(6) Prohibits an institution from approving or using state funds, fees, dues, subscriptions, or travel in conjunction with the membership, meetings, or activities of an organization if participation in such organization requires an individual or an individual's employer to endorse or promote a divisive concept (instead of, if the organization endorses or promotes a divisive concept);
(7) Revises the provisions concerning employees of a public institution of higher education whose primary job title includes diversity, equity, or inclusion to require:
(A) The institution to ensure that the employee's efforts strengthen and increase intellectual diversity and promote a climate that facilitates the free and respectful exchange of ideas; and
(B) The institution to ensure that the employee's duties include efforts devoted to supporting student academic achievement and workforce readiness, such as mentoring, career readiness and support, workforce development, or other related learning support activities necessary for the academic and professional success of all students; and
(8) Requires institutions to provide employee training to ensure compliance with the provisions.
They are really scared of students learning the true history of this country and our world. After all, an educated populace is the best defense against fascism, which I suppose flies in the face of what the Republican supermajority in the Tennessee Legislature is really trying to accomplish. Below are the “divisive concepts” that scare them enough that they feel the need to push through legislation to protect schoolchildren.
DIVISIVE CONCEPTS
Under present law, the following concepts are defined as divisive concepts:
(1) One race or sex is inherently superior or inferior to another race or sex;
(2) An individual, by virtue of the individual's race or sex, is inherently privileged, racist, sexist, or oppressive, whether consciously or subconsciously;
(3) An individual should be discriminated against or receive adverse treatment because of the individual's race or sex;
(4) An individual's moral character is determined by the individual's race or sex;
(5) An individual, by virtue of the individual's race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;
(6) An individual should feel discomfort, guilt, anguish, or another form of psychological distress solely because of the individual's race or sex;
(7) A meritocracy is inherently racist or sexist, or designed by a particular race or sex to oppress another race or sex;
(8) This state or the United States is fundamentally or irredeemably racist or sexist;
(9) Promotes or advocates the violent overthrow of the United States government;
(10) Promotes division between, or resentment of, a race, sex, religion, creed, nonviolent political affiliation, social class, or class of people;
(11) Ascribes character traits, values, moral or ethical codes, privileges, or beliefs to a race or sex, or to an individual because of the individual's race or sex;
(12) The rule of law does not exist, but instead is a series of power relationships and struggles among racial or other groups;
(13) All Americans are not created equal and are not endowed by their Creator with certain unalienable rights, including, life, liberty, and the pursuit of happiness;
(14) Governments should deny to any person within the government's jurisdiction the equal protection of the law;
(15) Includes race or sex stereotyping; or
(16) Includes race or sex scapegoating.
In summary, this week has been a whirlwind and will continue to be as they speed to the close of the session. One thing we keep learning over and over and over again is that they will protect children from WORDS and THOUGHTS, but not from BULLETS. That is the basic overview of how the Republicans in the Tennessee Capitol wish to move ‘forward’.
Thank you SO much for reading this far. See you next week!