2022 Legislative Session in Review

This year, Healthy and Free Tennessee was able to celebrate our most successful session ever! After four years and a hard-fought battle, we passed our anti-shackling bill, officially protecting pregnant people in TN jails and prisons from the dangerous use of restraints during pregnancy and childbirth. We also passed a doula study bill, requiring the state to study doula programs to improve doula access and expand doula coverage. We were also able to stop a slew of harmful legislation! We worked to amend the medication abortion ban to remove requirements for doctors to investigate and report anyone seeking care for a pregnancy loss, effectively gutting the bill. We helped stop Tennessee’s bounty hunter abortion ban, which would have allowed any citizen to sue a provider or loved one of a pregnant person who they suspect sought abortion care. We also helped stop a bill expanding the definition of “child” in the child abuse statute to include an unfertilized embryo, which would have allowed pregnant people to be criminalized for any behavior that a cop decided was abusive or for experiencing pregnancy loss. And finally, we helped stop a bill that would have classified witnessing domestic violence as child abuse, which would have allowed survivors to have their children taken away from them for being in an abusive relationship. 

This session, we also saw an attack on education and LGBTQ+ rights. Bills were filed to allow parents to inspect classroom materials and request their removal if they find them obscene, to prohibit materials that depicted or normalized LGBTQ+ lifestyles, to allow teachers to misgender students, and to criminalize librarians. The legislature passed a law prohibiting trans athletes from competing in sports at higher ed institutions and a law withholding funds from schools that allow trans students to participate in sports, as well as a law preventing instructors from teaching “divisive” concepts and a law requiring libraries to censor computers from content “harmful to minors.”

Despite the wins that we had this session, we are prepared for an even greater assault on reproductive rights, LGBTQ+ rights, education, and racial justice as we prepare for the Supreme Court to overturn Roe v. Wade. We will continue to fight for the rights of Tennesseans to have safe and healthy pregnancies, free from surveillance and criminalization, as well as the rights of people to raise their children in communities free from violence, discrimination, and oppression.

Please scroll down for our final update to the 2022 watch list. If you have any questions, email Nina at [email protected].

HFTN’S PROACTIVE POLICY AGENDA 2022

This session, we introduced and supported an anti-shackling bill and a bill to study doula programs, as well as a bill that would have required pregnant people in jails and prisons to have a support person present during pregnancy and childbirth, and a bill that would have prohibited body cavity searches of pregnant incarcerated people. We are so grateful to Senators Akbari, Lamar, and Massey, Representatives Camper, Love, and Dixie for sponsoring and supporting these bills, as well as to Free Hearts for their incredible partnership and helping us pass anti-shackling!

SB2769: Anti-shackling
Sponsors: Sen. Raumesh Akbari, Rep.  Karen Camper
Status: Signed by the Governor, effective 7/1/2022

SB2150: Doula study
Sponsors: Sen. London Lamar and Sen. Becky Massey, Rep. Harold Love
Status: Passed Senate and House

HB1947: Support person
Sponsors: Rep. Vincent Dixie, Sen. Raumesh Akbari
Status: Failed in House Corrections Subcommittee

HB1592: Body Cavity Ban
Sponsors: Rep. Gloria Johnson, Sen. Raumesh Akbari
Status: Taken off notice in House Corrections Subcommittee

DEFENSIVE POLICY PRIORITIES 2022:

SB2582/HB2779: Bans abortion at any stage of gestation and deputizes any citizen to sue the provider or loved one of a person experiencing pregnancy loss.
Position: Oppose
Sponsors: Sen. Mark Pody, Rep. Rebecca Alexander
Status: Action deferred in Senate Judiciary Committee (not currently on the calendar), taken off notice in House Health Committee

SB2281/HB2416: Enacts criminal penalties for providers who prescribe medication abortion via telehealth.
Position: Oppose
Sponsors: Sen. Mike Bell, Rep. Debra Moody
Status: Signed by Governor, effective 5/5/22

SB2300/HB2314: Changes the definition of child in the child abuse statute to include a fertilized embryo. 
Position: Oppose
Sponsors: Sen. Mark Pody, Rep. Bruce Griffey
Status: Action deferred in Senate Judiciary Committee, no action taken in House Health Subcommittee

SB2233/HB2236: Expands the definition of child abuse to include witnessing abuse or trauma.
Position: Oppose: This bill allows DCS to take kids away from survivors of domestic violence and people experiencing poverty.
Sponsors: Sen. Ed Jackson, Rep. Mary Littleton
Status: Re-referred to Senate Calendar Committee, passed House

SB2354/HB2579: Requires all devices sold in the state install filters to prevent content that “harms children.”
Position: Oppose - this bill is an attack on sex workers and members of the LGBTQ community
Sponsors: Sen. Ferrell Haile, Rep. Rick Eldridge
Status: Assigned to Senate Commerce and Labor Committee, assigned to Banking & Consumer Affairs Subcommittee

SB2162/HB2649: Allows medical facilities to hire and deputize police officers.
Position: Oppose
Sponsors: Sen. Bo Watson, Rep. Ryan Williams
Status: Signed by Governor, effective 5/4/22

The Right to Choose to Have (or Not Have) A Child:

SB2398/HB2145: Introduces a program to compensate relative caregivers for kids in foster care. 
Position: Neutral: While we absolutely support compensation for relative caregivers, this proposal is much lower than previous bills and includes antiquated requirements (some required by federal government) around relatives seeking child support and not housing the child’s parent.
Sponsors: Sen. Jack Johnson, Rep. William Lamberth
Status: Signed by Governor, effective 4/8/22

SB2444/HB2466: Prohibits a local government from providing funds to organizations that perform abortions. 
Position: Oppose
Sponsors: Sen. Mike Bell, Rep. Tom Leatherwood
Status: Assigned to General Subcommittee of Senate State and Local Government Committee, passed House

SB2476/HB2575: Prohibits the Department of Children’s Services (DCS) from acting on anonymous reports of child abuse.
Position: Support
Sponsors: Sen. Janice Bowling; Rep. Clay Doggett
Status: Signed by Governor, effective 4/20/22

SB1806/HB1866: Gives cause to terminate parental rights for failure to pay child support. 
Position: Oppose
Sponsors: Sen. Dawn White; Rep. Glen Casada
Status: Signed by Governor, effective date 3/18/22

SB2016/HB1847: Grants limited immunity to private companies and organizations that contract with DCS.
Position: Oppose
Sponsors: Sen. Mike Bell; Rep. Mary Littleton
Status: Signed by Governor, effective date 7/1/22

SB2331/HB2590: Allows DCS to take custody of a child if found responsible for a misdemeanor after a qualifying offense. 
Position: Oppose
Sponsors: Sen. Joey Hensley; Rep. Iris Rudder
Status: Re-referred to Senate Calendar Committee, referred to House Finance, Ways & Means Committee

The Right to Raise A Child in Safe and Healthy Communities:

Childcare:

SB2599/HB2280: Allows candidates to use campaign funds to pay for childcare. Campaign funds already cover food, travel, lodging, etc. This bill will make it easier for people with children to run for office.
Position: Support
Sponsors: Sen. Brenda Gilmore, Rep. Jason Powell
Status: Assigned to General Subcommittee of Senate State and Local Government Committee, failed in Elections & Campaign Finance Subcommittee
[See also SB2519/HB2642]

SB2672/HB2723: Grants government employees 5 days of paid leave if a child tests positive for COVID-19 or their daycare closes due to an outbreak.
Position: Support
Sponsors: Sen. Sara Kyle; Rep. Larry Miller
Status: Failed to pass House

Healthcare:

SB2046/HB2051: Expands TennCare to a year postpartum permanently (beyond the 5 year pilot program that was approved last year). 
Position: Support
Sponsors: Sen. Jeff Yarbro, Rep. Harold Love
Status: Passed Senate, taken off notice in House Finance, Ways, and Means Subcommittee 

SB1906/HB1973: Requires TennCare to implement a three-year pilot program to provide remote patient monitoring services for maternal health
Position: Support
Sponsors: Sen. Heidi Campbell, Rep. Karen Camper
Status: Assigned to General Subcommittee of Senate Finance, Ways, and Means Committee, taken off notice in House Finance, Ways, & Means Subcommittee calendar for 4/26

SB1930/HB1971: Establishes a grant program to provide support to new mothers
Position: Support
Sponsors: Sen. Heidi Campbell, Rep. Vincent Dixie
Status: Assigned to General Subcommittee of Senate Health and Welfare Committee, taken off notice in House Health Subcommittee 

SB2427/HB2177: Removes some testing strips from the criminal definition of drug paraphernalia. 
Position: Support
Sponsors: Sen. Jack Johnson, Rep. William Lamberth
Status: Signed by Governor, effective date 3/31/22

SB2572/HB2465: Removes barriers to getting a Naloxone prescription and allows local governments to authorize prescriptions. 
Position: Support
Sponsors: Sen. Rusty Crowe; Rep. Tom Leatherwood
Status: Signed by Governor, effective date 7/1/22

SB2543/HB2788: Increases the ratio of school nurses to students from 1 nurse per 3,000 students to 1 nurse per 750 students.
Position: Support
Sponsors: Sen. Jeff Yarbro; Rep. Johnny Shaw
Status: Assigned to General Subcommittee of Senate Education Committee, taken off notice in House K-12 Subcommittee

SB1891/HB1905: Requires health care providers who treat someone experiencing a drug overdose to report the overdose to police.
Position: Oppose
Sponsors: Sen. Joey Hensley, Rep. Clay Doggett
Status: Passed Senate, passed House

Education:

SB2283/HB2417: Prohibits public higher education institutions from teaching topics about racism, sexism, things that make students uncomfortable, etc.
Position: Oppose
Sponsors: Sen. Mike Bell, Rep. Robin Smith
Status: Referred to Senate Education Committee, taken off notice in House Higher Education Subcommittee 

SB2290/HB2670: Forbids public institutions from requiring trainings on “divisive” subjects and more
Position: Oppose
Sponsors: Sen. Mike Bell, Rep. Cameron Sexton
Status: Signed by Governor, effective 4/8/22

Environmental Justice:

SB2649/HB2672: Prohibits the state from using a state bank or association that had a policy refusing to invest in fossil fuels. 
Position: Oppose
Sponsors: Sen. Todd Gardenhire; Rep. Bryan Terry
Status: Signed by Governor, effective 7/1/22

Economic Justice:

SB2071/HB2096: Prevents TennCare from providing discretionary exemptions/waivers from work requirements under the SNAP program.
Position: Oppose
Sponsors: Sen. Jack Johnson; Rep. William Lamberth
Status: Signed by Governor, effective 5/3/22

Youth:

SB2696/HB2835: Criminalizes providing gender affirming care; carves out exceptions for surgeries on intersex children unable to consent; requires mandatory reporting to parents/guardian if young person expresses gender dysphoria to a government employee (i.e. teacher, counselor, school nurse); and civil liability for failure to follow the law. 
Position: Oppose
Sponsors: Sen. Janice Bowling; Rep. John Ragan
Status: Assigned to Senate General Subcommittee of Senate Health and Welfare Committee, taken off notice in House Health Subcommittee


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