Coming off the heels of a historic election and an even more historic insurrection, the Tennessee legislature began 2021 with a special session on education. In addition to addressing the pandemic’s impact on educators and young people, the special session took up Tennessee’s systemic education problems that began long before COVID. In many ways, this legislative year could best be described as an attack on fair and fact-based education. Bills passed prohibiting discussion of racism, sexism, privilege, oppression, LGBTQ history and topics, and attacks on school-age trans people continued. In a time of great learning inspired by the continued efforts of the Black Lives Matter movement and others, these reactionary, racist, sexist, and transphobic bills have continued to set us back.
Tennessee also saw an “unprecedented” influx of federal dollars into the state as Congress passed sweeping financial recovery plans. The legislature also agreed unanimously on a plan to spend down the TANF reserve funds of over $700 million dollars in the next few years. Tennessee has the lowest monthly TANF payments in the nation and this plan did not include any increases for poor families. Continuing its attack on poor families, Tennessee also cut additional federal unemployment benefits and state unemployment benefits.
Abortion rights were yet again under attack this session, even after the legislature passed last year what it described as the most comprehensive abortion ban in the country. This year legislators passed a measure to enshrine fetal personhood in our civil codes and to require expensive and offensive disposition of medical tissue from abortion through burial or cremation.
In addition to these high profile losses, we also had some wins. The legislature approved a Childcare Taskforce, passed a Healthy and Free Tennessee resolution recognizing the importance of doulas as vital birth workers, and defeated a bill that would have required all anti-violence shelters to turn over confidential records of people seeking shelter with children to DCS.
Please scroll down for our final update to the 2021 watch list. Remember Tennessee's legislative sessions are on a two year cycle, so any bill that did not explicitly "fail" can come up next session. If you have any questions, email Nina at [email protected].
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HFTN's Proactive Policy Agenda 2021
During the 2021 session, we introduced anti-shackling legislation for the third year in a row and introduced a body cavity search ban on pregnant and postpartum incarcerated people. We also worked with Representative London Lamar and our partner, Homeland Heart Birth and Wellness Collective to draft and introduce a resolution that recognizes doulas as vital birth workers.
HJR 4: Doula Recognition Resolution - Rep. London Lamar
SB1412: Anti-Shackling
SB1423: Body Cavity Search Ban
2021 Virtual Day on the Hill
Healthy and Free Tennessee hosts a day on the hill each year in February where we mobilize Tennesseans to action in visiting their legislators, to ensure elected officials hear directly from their constituents. This event is open to anyone who is interested! Each year, we set up appointments with legislators for participants, and provide them with a list of current legislation to discuss, plus talking points to guide their conversations. The day includes a morning lobbying training and an afternoon lunch with guest speakers. We also encourage participants to attend committee hearings, and sometimes host a press conference to highlight our policy work.
In 2021, we met virtually on Tuesday, February 23rd. The schedule was as follows:
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9:00 AM-10:00 AM CT |
Welcome & Introduction |
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10:00 AM-11:30 AM CT |
Individual/Group Appointments with Legislators |
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11:30 AM-12:30 PM CT |
Lunch |
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12:30-2:00 PM CT |
The Importance of Doulas Panel Discussion Featuring:
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[Image description: screenshot of a zoom meeting with five Black women smiling at their computer cameras. From left to right clockwise pictured are Elena Ferguson, Tyresa Husbands, Nikia Grayson, Mia Peake, and Lauren Williams-Batiste]
Defensive Policy Priorities 2021
On Feb 25th, 2021 HFTN was part of a press conference on the "forced birth agenda" organized with Planned Parenthood featuring the founder of Homeland Heart, a member of SONG who is also a midwife, and the Policy Director for ACLU-TN. Read the transcript of our remarks here. Watch here.
SB400/HB416: Requires domestic violence shelters, sexual assault centers, and shelters for trafficking survivors to turn over confidential client records when the Department of Children’s Services requests them.
Sponsors: Sen. Ed Jackson; Rep. Mary Littleton
Position: Oppose
Status: Assigned to the General Subcommittee of Senate Judiciary; Assigned to House Children and Family Affairs Subcommittee
SB1530/HB417: Redefines severe child abuse to include knowingly or negligently bringing a child into a structure that contains certain controlled substances when they are present and accessible to the child. Amended to limit it to Schedule I drugs, as defined by Tennessee statute, and methamphetamines, cocaine, and fentanyl. Also deletes the negilgent language, so it requires knowledge.
Sponsors: Sen. Kerry Roberts; Rep. Mary Littleton
Position: Oppose
Status: Passed
SB205/HB200: Adds several factors judges may consider in termination of parental rights cases including whether parents are experiencing housing instability or domestic violence (already in the statute).
Sponsors: Sen. Ferrell Haile; Rep. Mike Carter
Position: Oppose
Status: Passed
SB1370/HB1252: Fetal Personhood: Creates civil liability for anyone who by act or omission causes the death of a fetus at any stage of gestation. This bill could have serious impacts on pregnant people who use substances and experience miscarriages and potentially on abortion providers.
Sponsors: Sen. Mike Bell; Rep. Bryan Terry
Position: Oppose
Status: Passed
Other Bills We Were Watching in 2021
Every year, HFTN combs through all of the introduced bills to pull out the bills we believe represent the biggest threats to and greatest promise for reproductive freedom in Tennessee. This list is not an exhaustive list of all the bills impacting reproductive freedom. If you are interested in a longer history of bills, check out our Tennessee Over Ten report, where we tracked all bills introduced that impacted reproductive freedom 2011-2020.
This year, in order not to duplicate efforts and to showcase the work of other organizations across the statewide, we did not relist bills impacting LGBTQ Tennesseans and Tennesseans with disabilities that the Tennessee Equality Project and Disability Rights TN are tracking. These bills are certainly vital to reproductive freedom. Check out their watchlists at the links above.
The Right to (Not) Have a Child:
The Forced Birth Agenda:
SB204/HB724: “Rule of Law Life Act:” Effectively a total abortion ban. Would ban abortion at the point a pregnancy is detectable by a pregnancy test.
Sponsors: Sen. Mark Pody; Rep. Dan Howell
Position: Oppose
Status: Assigned to the General Subcommittee; Assigned to House Health Subcommittee
SB494/HB1079: Allows someone claiming paternity of a fetus to file an injunction to prohibit the pregnant person from accessing an abortion.
Sponsors: Sen. Mark Pody; Rep. Jerry Sexton
Position: Oppose
Status: Deferred in Senate Judiciary Committee; Taken off notice for House Children and Family Affairs Subcommittee 4/7/21
SB828/HB1181: Requires burial or cremation of fetal tissue after an abortion.
Sponsors: Sen. Janice Bowling; Rep. Tim Rudd
Position: Oppose
Status: Passed
SB1222/HB1495: “Every Mom Matters Act:” Requires extensive counseling on anti-poverty resources available to pregnant people before the pregnant person can access an abortion.
Sponsors: Sen. Paul Rose
Position: Oppose - this mandatory counseling requirement does not provide direct cash assistance, housing, or other material needs for people looking for resources and adds another burden on those trying to access abortion
Status: Assigned to General Subcommittee of Senate Judiciary Committee; Assigned to House Health Subcommittee
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SB1392/HB577: Modifies the current law to make it harder for young people to get information about contraception from providers. *Amended*: Amendment rewrites bill to make no substantive changes to current law.
Sponsors: Sen. Janice Bowling; Rep. John Ragan
Position: Oppose
Status: Passed
SB1388/HB1168: Prohibits courts determining child custody based solely on the parent’s disability, unless the parent is unable to meet the child’s needs
Sponsors: Sen. Sara Kyle; Rep. Torrey Harris
Position: Support
Status: Passed
SB206/HB216: Removes requirement that Department of Children Services reviews cases of kids in their care and incarcerated youth every 6 months. Amended to expand scope of bill.
Sponsors: Sen. Ferrell Haile; Rep. Michael Curcio
Position: Oppose
Status: Assigned to the General Subcommittee Senate Finance, Ways, and Means Committee; Taken off notice in House Finance, Ways, and Means Committee
SB1255/HB874: Allows any “interested party” to contest DCS’ placement of a child with a relative caregiver. A court will then determine if the placement is in the best interest of the child. *Amended,* rewriting bill to instead require case workers to document objections to placement.
Sponsors: Sen. Shane Reeves; Rep. Bryan Terry
Position: Oppose
Status: Passed
SB162/HB466: Establishes three year pilot program to compensate relative caregivers for taking custody of children.
Sponsors: Sen. Richard Briggs; Rep. Sam McKenzie
Position: Neutral- The state should provide support to relative caregivers, but this bill includes restrictions on placements and support like extensive criminal background checks and requiring families to file for child support.
Status: Actions deferred in Senate and House Committees until 2022
SB1529/HB1545: Allows a family to request a special advocate for reunification appointed by the courts that conducts their own investigation and makes a recommendation about reunification.
Sponsors: Sen. Kerry Roberts; Rep. Terri Weaver
Position: Oppose - While family support and reunification are important, adding additional investigators, even if their training is in “family support,” to monitor families does not support the goals of keeping families together.
Status: Assigned to General Subcommittee of Senate Judiciary Committee; Deferred until 2022 in House Children and Family Affairs Subcommittee
SB1509/HB1287: Requires two reserved parking spots for pregnant people and for parents with infants at businesses serving the public.
Sponsors: Sen. Raumesh Akbari; Rep. Gloria Johnson
Position: Support
Status: Assigned to the General Subcommittee of Senate Transportation and Safety Committee; Taken off notice in House Transportation Subcommittee
The Right to Raise Children in Safe and Healthy Communities:
Child Care:
SB22/HB1114: Authorizes the state to provide childcare options for state employees.
Sponsors: Sen. Sara Kyle; Rep. Tom Leatherwood
Position: Support
Status: Passed
SB1443/HB460: Increases the base amount of the child care assistance grant to $500 and prohibits restrictions from additional funds.
Sponsors: Sen. Raumesh Akbari; Rep. Larry Miller
Position: Support
Status: Assigned to Senate Health and Welfare Committee; Taken off notice in House Health Subcommittee
Criminalization, Jails, and Prisons:
SB827/HB916: Prohibits corrections institutions from placing a pregnant or postpartum incarcerated person in solitary confinement.
Sponsors: Sen. Jeff Yarbro; Rep. Jesse Chism
Position: Support
Status: Passed Senate; Assigned to House Corrections Subcommittee
SB17/HB997: Requires courts to report on alternatives to sentencing for primary caregivers of dependent children.
Sponsors: Sen. Brenda Gilmore; Rep. Harold Love
Position: Support
Status: Assigned to the General Subcommittee of Senate Judiciary Committee; Deferred to 2022 in House Criminal Justice Subcommittee
SB1405/HB607: Requires the local sheriff to approve of any local government approved reduction in their department budget.
Sponsors: Sen. Art Swann; Rep. Jerald Moon
Position: Oppose
Status: Assigned to Senate Judiciary Committee and House Cities and Counties Subcommittee
HJR140: Proposes an amendment to the state constitution that prohibits the government from enacting laws that “proliferate prostitution” among other crimes. This amendment negatively impacts advocacy to decriminalize sex work. Resolution was amended to add cannabis use to the list of other crimes.
Sponsor: Rep. Brandon Ogles
Position: Oppose
Status: Withdrawn
Education:
SB581/HB537: [see also SB378/HB1331 (withdrawn in Senate)]: Increase state-funded school nurses from 1 per 3,000 students to 1 per 750 students.
Sponsors: Sen. Rusty Crowe; Rep. David Hawk
Position: Support
Status: Assigned to the General Subcommittee Senate Finance, Ways, and Means Committee; Taken off notice in House Finance, Ways, and Means Committee
SB856/HB576: Limiting applicability of federal Title IX and Title VI rules and guidance impacting race and sex discrimination protections for students.
Sponsors: Sen. Janice Bowling; Rep. John Ragan
Position: Oppose
Status: Failed
SB674/HB815: Anti-Lunch Shaming Act: Prohibits schools from taking adverse actions against a student because of their lunch debt and requires the school to provide information to families about free and reduced lunch programs.
Sponsors: Sen. Sara Kyle; Rep. John Clemmons
Position: Support
Status: Assigned to Senate Education Committee; Deferred to 2022 in House K-12 Subcommittee
Environmental Justice:
SB196/HB562: Requires the Department of Environment and Conservation to deny landfill permits unless there is a buffer zone between proposed site and residential land. [See also SB202/HB546; SB1456/HB1505]
Sponsors: Sen. Katrina Robinson; Rep. Vincent Dixie
Position: Support
Status: Assigned to the General Subcommittee of the Senate Energy, Agriculture, and Natural Resources Committee; Returned to House Clerk's desk
Family-Friendly Workplace Policies:
SB672/HB1295: Tennessee Family Insurance Act: Provides 12 weeks family and medical leave for all employees in Tennessee, with a very inclusive definition of family [see SB548/HB1296 for only state employees (Failed); and SB1542/HB1404 (Summer Study); see also SB379/HB1282, removing prohibitions on local governments enacting paid leave laws (Failed in Senate Committee)]
Sponsors: Sen. Sara Kyle; Rep. Gloria Johnson
Position: Support
Status: Deferred until 2022 in Senate Commerce and Labor Committee; Deferred until 2022 in House Banking and Consumer Affairs Subcommittee
SB819/HB935: Extends protections against sex discrimination (explicitly including childbirth) to all people a business pays for their services.
Sponsors: Sen. Jeff Yarbro; Rep. Bob Freeman
Position: Support
Status: Deferred until 2022 in Senate Commerce and Labor Committee; Deferred until 2022 in House Banking and Consumer Affairs Subcommittee
SJR2: Proposes an amendment to the state constitution codifying Tennessee’s right to work (anti-union; anti-worker) law.
Sponsor: Sen. Brian Kelsey
Position: Oppose
Status: Passed
Healthcare:
SB334/HB843: Requires incarcerated women between 50-74 years of age be offered mammograms.
Sponsors: Sen. Brenda Gilmore; Rep. London Lamar
Position: Support
Status: Passed
SB650/HB932: Requires TennCare to cover doula services for beneficiairies
Sponsors: Sen. Katrina Robinson; Rep. Jesse Chism
Position: Neutral - While we wholeheartedly support reimbursement for doula services, certification for community-based doulas remains a barrier to reimbursement for many doulas of color.
Status: Assigned to the General Subcommittee of the Senate Commerce and Labor Committee; Taken off notice in House Insurance Subcommittee
SB830/HB441: Creates a taskforce to study preterm birth and infant mortality in Black communities.
Sponsors: Sen. Ed Jackson; Rep. London Lamar
Position: Support
Status: Assigned to Senate Government Operations Committee; Deferred to a summer study in House Health Subcommittee
SB956/HB642: Requires implicit bias training for maternal and perinatal health programs and creates a perinatal patient bill of rights that must be provided to patients upon admission.
Sponsors: Sen. Jeff Yarbro; Rep. London Lamar
Position: Support
Status: Assigned to the General Subcommittee in Senate Health and Welfare Committee; Deferred to a summer study in House Health Subcommittee
HIV and Harm Reduction:
SB1179/HB1088: Allows syringe exchange programs to operate within 2,000 feet but not closer than 1,000 feet of a school or public park in the most populous counties in Tennessee. Amended to add a sunset period wherein the law will expire in 2023.
Sponsors: Sen. Jeff Yarbro; Rep. Yusef Hakeem
Position: Support
Status: Passed Senate; Returned to the Clerk's Desk in the House
Housing:
SB820/HB919: Prohibits a landlord from refusing to rent to a prospective tenant based solely on a prior eviction during the COVID-19 pandemic.
Sponsors: Sen. Jeff Yarbro; Rep. Antonio Parkinson
Position: Support
Status: Assigned to General Subcommittee in Senate Commerce and Labor Committee; Taken off notice in House Business and Utilities Subcommittee
SB814/HB953: Prohibits landlords from discriminating against tenants solely for using housing vouchers and public assistance.
Sponsors: Sen. Jeff Yarbro; Rep. John Clemmons
Position: Support
Status: Assigned to the General Subcommittee of Senate Commerce and Labor Committee; Taken off notice in House Business and Utilities Subcommittee
Public Benefits:
SB144/HB157: Tennessee Opportunity Act: authorizing a plan to reduce TANF reserve funds based on grants to nonprofits and local governments to provide evidence-based services, not increasing direct assistance payments or reducing barriers and limits to assistance. *Note:* This bill has been moved, along with new additions to SB751/HB142, which we also oppose and which is slated to pass soon.
Sponsors: Sen. Bo Watson; Rep. David Hawk
Position: Oppose- while we support reducing TANF reserves, before giving out large grants to nonprofits, local governments, and businesses, direct cash assistance amounts should increase substantially and the legislature should eliminate barriers to assistance like asset limits and family caps.
Status: SB751/HB142, which incorporates this bill, passed.
SB308/HB721: Encourages the Department of Human Services to create medical-legal partnerships to provide legal services to low-income beneficiaries and beneficiaries of color funded through the TANF reserve funds. Broadly Captioned.
Sponsors: Sen. Katrina Robinson, Rep. Yusef Hakeem
Position: Neutral - while we support expanding community- and medical-based legal services specifically targeted to people of color and low-income people, the TANF funds should first be used to increase direct cash assistance to families and the legislature should reduce barriers to assistance like asset limits and family caps.
Status: Assigned to Senate Health and Welfare Committee; Deferred in House Health Subcommittee
SB715/HB805: Requires the Department of Human Services to phase out asset limits on SNAP and TANF recipients.
Sponsors: Sen. Brenda Gilmore; Rep. Jason Powell
Position: Support
Status: Assigned to General Subcommittee of Senate Health and Welfare Committee; Taken off notice in House Health Subcommittee
SB483/HB583: Pathways to Prosperity Act: Creates two year pilot program using TANF reserve funds to provide additional assistance to families with a working family member, includes certain restrictions.
Sponsors: Sen. Ferrel Haile, Rep. Bryan Terry
Position: Oppose- While enhanced cash assistance is great, HFTN rejects work requirements to receive the assistance and the prohibition on families that have already received a diversion payment.
Status: Assigned to General Subcommittee in Senate Health and Welfare Committee; Assigned to House Health Subcommittee
SB639/HB1461: Authorizes the Department of Labor to use the TANF reserve funds to cultivate partnerships, including public-private partnerships, to provide free or low-cost technology, technology and job training to single parents with children under 18.
Sponsors: Sen. Katrina Robinson; Rep. Yusef Hakeem
Position: Neutral - While prioritizing single parents is promising, this bill does not prioritize direct assistance to beneficiaries.
Status: Assigned to General Subcommittee in Senate Commerce and Labor Committee; Taken off notice in House Banking and Consumer Affairs Subcommittee
SB104/HB1002 and SB107/HB886: Increases the monthly direct cash assistance for TANF recipients. [See also SB377/HB885]
Sponsors: Sen. Heidi Campbell; Rep. Harold Love, Rep. Dwayne Thompson
Position: Support
Status: Assigned to General Subcommittee in Senate Health and Welfare Committee; Taken off notice in House Health Subcommittee
SB153/HB489: Prohibits the government from taking adverse action against a person based on certain levels of THC on a drug test, including criminal-legal, child welfare, public assistance, or educational contexts.
Sponsors: Sen. Richard Briggs; Rep. Bryan Terry
Position: Support
Status: Failed (in Senate Committee)
Sex Education and Youth:
SB646/HB1506: Requires schools to adopt medically-accurate and age appropriate comprehensive sex education.
Sponsors: Sen. Katrina Robinson; Rep. Sam McKenzie
Position: Support
Status: Assigned to Senate Education Committee and House Education Instruction Subcommittee
SB1360/HB487: Requires all schools to adopt the family life curriculum.
Sponsors: Sen. Mike Bell; Rep. Robin Smith
Position: Neutral - Requires all schools to adopt some curriculum when they otherwise would not, but the current family life curriculum standards are not consistent with best practices for sex education.
Status: Passed
SB640/HB1307: Requires program of study on sexual health education, trauma responses, job search skills, substance use treatment resources, and financial management for incarcerated youth
Sponsors: Sen. Katrina Robinson; Rep. Jesse Chism
Position: Support
Status: Deferred to 2022 in Senate Judiciary Committee; Assigned to House Children and Family Affairs Subcommittee
SB1124/HB1006: Further criminalizes young people (minors) who take, send, or possess photos of a sexual nature.
Sponsors: Sen. Dawn White; Rep. Clay Doggett
Position: Oppose - HFTN opposes criminalizing young people for engaging in sexual activity. These laws have not been shown to be effective in deterring sexting among minors, and they come with serious consequences for the young people involved.
Status: Passed and signed by Governor
