2023 Legislative Agenda

Proactive LEGISLATION

Advocate Confidentiality

Prohibits disclosure of certain information by an advocate in regard to a victim of domestic violence, sexual assault, stalking, or human trafficking in a judicial, legislative, or administrative proceeding unless the victim gives express written consent.

Confidentiality is a core element of effective domestic and sexual violence advocacy. By protecting communications between a victim and an advocate, victims will be encouraged to seek needed services in a safe environment. The bill amends T.C.A. 40-38-115 in order to provide statutory protection for trained victim advocates.

Advocate confidentiality one-pager

bill tracking

Below are the bills we are tracking that would impact primary issue areas related to gender equity and youth advancement. Click on the bill number to read more about the bill language and its current status. Red text indicates bills we oppose due to their adverse effects on community members.

Gender-Based Violence

Sexual assault evidence collection kit analysis requirements (SB0014 Lamar / HB0024 Freeman)

Requires the TBI to perform a serology or DNA analysis on a sexual assault evidence collection kit within 30 days of its receipt of a kit from a law enforcement agency. Requires that kits not analyzed within this time frame be flagged in the electronic tracking system and stipulates that a written explanation for the delay be provided to the submitting law enforcement agency. Clarifies that delays in analysis does not affect a kit’s admissibility in court or as a reason for challenging the validity of any analysis. States that the new requirement would take effect on July 1, 2023, and would apply to kits received on or after that date. Defines relevant terms.

TBI requirements regarding sexual assault evidence collection kits (SB0071 Lamar / HB0104 Parkinson)

Requires TBI to perform forensic analysis of sexual assault evidence collection kits within 30 days of the bureau’s receipt of the sexual assault evidence collection kit from a law enforcement agency. Requires TBI to submit a plan for eliminating any existing backlog of sexual assault evidence collection kits waiting for analysis. Also requires TBI to expunge a DNA record from a local, state, or national DNA database if the bureau receives written confirmation from the investigating law enforcement agency or district attorney general’s office that the DNA record was not connected to a criminal investigation.

Aggravated Prostitution (HB1384 Ragan / SB0181 Walley)

Deletes the criminal offense of aggravated prostitution and permits a person to have a prior conviction for aggravated prostitution that was the result of the person's status as a human trafficking victim expunged if the person meets certain conditions

Victim’s Rights (HB0240 Hardaway / SB0318 Oliver)

Requires a law enforcement agency to notify the victim of a sexual offense of the results of DNA data analysis on the victim's sexual assault evidence collection kit prior to releasing the results to the public; requires the department of mental health and substance abuse services or another appropriate provider to provide counseling to a victim of a sexually oriented crime at no charge to the victim

Aggravated Prostitution (HB1384 Ragan / SB0181 Walley)

Healthcare Access & Equity

Gender-affirming Care Ban (HB0001 Lamberth / SB0001 Johnson)

Prohibits a healthcare provider from performing on a minor or administering to a minor a medical procedure if the performance or administration of the procedure is for the purpose of enabling a minor to identify with, or live as, a purported identity inconsistent with the minor’s sex

Criminalization of Gender Affirming Care Physicians (HB1378 Ragan / SB0005 Bowling)

Bans gender affirming care for minors and penalizes doctors who provide care. Prohibits certain practices and healthcare services to facilitate the minor's desire to present or appear in a manner that is inconsistent with the minor's sex. Allows for a civil penalty of $1,000 for medical professionals per occurrence. Bans healthcare providers who receive state funds from offering any services related to gender transition for minors. Provide whistleblower protections to anyone who reports parents or medical professionals for providing gender-affirming care to the state

Exceptions to criminal abortion for rape or incest (HB1440 Rudder / SB0857 Haile)

Exempts from the offense of criminal abortion an abortion that is performed on a patient whose pregnancy is the result of rape or incest if the abortion is performed prior to a certain gestational age; requires the physician performing the abortion to confirm that the patient reported the offense to the appropriate law enforcement agency and submitted to a forensic medical examination prior to the procedure; adds a mandatory minimum sentence of three years incarceration for filing a false report of rape or incest for the purpose of obtaining an abortion

Doula services under TennCare (HB0576 Hemmer / SB0128 Lamar)

Requires the bureau of TennCare to establish a pilot program during the 2024-2025 fiscal year to provide payment for doula care services for pregnant women enrolled in the TennCare program who are pregnant and whose healthcare provider determines she has an increased likelihood of experiencing a high-risk pregnancy based on certain factors. Stipulates that doula care services to eligible women must be provided for up to 12 months postpartum as determined by a healthcare provider. Authorizes the director to seek a federal waiver to implement the pilot program. Defines relevant terms.

Doula Certification (HB0738 Love / SB0394 Lamar)

Requires the department to collaborate with the bureau of TennCare in order to study existing doula certification programs; requires that a report on the study be provided to the members of the general assembly and to the legislative librarian by December 31, 2023.

TennCare Maternal Health (HB0567 Carringer / SB0177 Massey)

Requires TennCare to create and implement a three-year pilot program to provide remote maternal health services to eligible TennCare recipients; authorizes the TennCare director to seek a federal waiver as necessary to implement the pilot program.

Local Government Abortion Funds (HB0090 Moody / SB0600 Hensley)

Prohibits local governments from expending funds for the purposes of assisting a person in obtaining an abortion.

Maternal and Infant Mortality Prevention Act (SB0187 Lamar)

Postpartum Coverage (HB0360 Love / SB0228 Yarbro)

Extends, from 60 days to 12 months, the period of postpartum coverage for pregnant women who meet certain medical assistance eligibility requirements in accordance with provisions of the American Rescue Plan.

TennCare Coverage (HB0425 Glynn / SB0229 Yarbro)

Extends eligibility for medical assistance under the TennCare program to a woman for a period up to 12 months after the date on which the woman’s pregnancy ends in live birth if the child meets the eligibility requirements for the CoverKids program

Health Coverage for Breast Screening (HB0355 Alexander/SB0365 Massey)

Requires that a health benefit plan that provides coverage for a screening mammogram must provide coverage for diagnostic imaging and supplemental breast screening without imposing a cost-sharing requirement on the patient

Uterine Fibroids (HB1325 Camper /SB0325 Akbari)

Requires the department of health to develop a database consisting of information related to uterine fibroids; requires healthcare providers who treat women with uterine fibroids to submit certain demographic and other relevant information to the department for inclusion in the database

Workplace & Economic Justice

State Employee Paid Leave (HB0324 Lamberth / SB0276 Johnson)

Paid Parental Leave for Teachers (HB0983 Sexton / SB1458 White)

Requires local education agencies (LEAs) to provide licensed employees of the LEA 12 paid workweeks after a birth or stillbirth of the employee's child or employee's adoption of a newly placed minor child

Paid Family Leave for State Employees (HB0442 Shaw / SB0227 Yarbro)

As introduced, authorizes 12 workweeks of paid family leave during a 12-month period for qualified state employees.

State employee paid family leave program creation (HB0547 Harris / SB0016 Lamar)

Outlines criteria for a paid family leave program for eligible state employees. Provides for paid leave for a period of up to 12 workweeks after the birth of an employee's child or after the adoption of a minor child under aged six or younger. Also provides for a period equal to one workweek for serious health conditions of an employee or an employee's spouse, child or parent. Provides for up to six hours of leave for an employee who is a parent or caregiver to attend a school activity for the employee's child.

Child Care Access (HB1284 Holsclaw / SB0224 Crowe)

Requires the commissioner to study the factors that influence the availability of affordable child care options for working families, the impacts of recent inflationary pressures and cost of living increases on the cost of child care for working families, and statutory or regulatory changes that may make child care options more readily available and affordable for working families in this state; requires the commissioner to compile and deliver a report of findings to the general assembly on or before December 31, 2023

Salary History (HB0417 Hemmer / SB0383 Oliver)

Prohibits an employer from asking for or requiring a prospective employee to provide the prospective employee's compensation history; requires an employer to provide notice to the employer's employees of employment advancement opportunities and openings; establishes other related requirements and rights

Promising Futures (HB0785 White /SB0750 Massey)

Requires the department to create and implement a promising futures program to provide scholarships to children who are not school age to assist them in developing early language and literacy skills in a high-quality early care and learning program; redirects, from the lottery for education account to an account administered by the department to provide funding for the promising futures scholarship program

education

Free Breakfast and Lunch Program (HB0255 Raper / SB0208 Lowe)

Requires each local school board to establish a school lunch program and a school breakfast program that provides a free breakfast and lunch to each student enrolled in a school under the board's jurisdiction; requires the state to reimburse each LEA the cost of providing a free breakfast and lunch to each student enrolled in the LEA after all available federal funds have been applied.

Implicit Bias Training (HB0158 Zachary / SB0102 Gardenhire)

As introduced, prohibits a local education agency, public charter school, public institution of higher education, the state board of education, and the department of education from requiring an educator, employee of an LEA or charter school, faculty member, or employee of a public institution of higher education to complete or participate in implicit bias training; defines "implicit bias training"; prohibits adverse licensure and employment actions from being taken against such an individual for the individual's failure or refusal to participate in implicit bias training.

child and youth safety

Enhanced or concealed handgun permit required in certain counties (HB0237 Miller / SB0010 Lamar )

Creates a requirement to obtain an enhanced or concealed handgun permit in order to carry a handgun.

Handguns on School Campus (HB0041 Reedy / SB1429 Roberts)

Expands, from only local boards of education in distressed rural counties to all local boards of education, the governing bodies for LEAs that are authorized to adopt a policy allowing their director of schools to authorize and select employees who may carry a concealed handgun on school grounds.

Concealed handgun on School Grounds (HB1202 Williams / SB1325 Bailey)

Authorizes a faculty or staff member of a school to carry a concealed handgun on school grounds subject to certain conditions, including obtaining an enhanced handgun carry permit and completing annual training.

Lowers the age to apply for an enhanced or concealed gun carry permit (HB1158 Todd / SB1498 Nicely)

Lowers the age requirement to obtain an enhanced or concealed handgun carry permit or lawfully carry a handgun in public from 21 to 18 years of age; states that the statutory authorization to transport or store a firearm or firearm ammunition in a motor vehicle under certain circumstances does not apply to a person under 21 years of age in a parking area that is owned, operated, or while in use by any school, unless the person is at least 18 years of age and meets certain military qualifications

Programs to reduce gun violence in communities (HB0380 Beck / SB0017 Lamar)

Encourages the department of labor and workforce development to create a youth employment program that includes training on the skills needed for employment, including nonviolent conflict resolution. Encourages the department of health to create a new hospital-based violence intervention program to be implemented in areas with the highest per capita gun violence within each municipality or county, which includes participation by local constituent groups. Permits the department of health to provide a gun safety program to be distributed through hospital emergency departments and primary care centers. Requires the department of education to develop a program for children enrolled in kindergarten through grade twelve schools, to teach the students strategies and nonviolent methods to resolve conflict in collaboration with community organizations. Requires the department of health to submit an annual report to the legislature and counties and municipalities on the public health impacts of gun violence in communities.

DCS case manager staffing levels (HB0011 Hakeem / SB1041 Watson)

Requires the Department of Children's Services to maintain enough staffing of case managers to allow caseloads not to exceed 20 active cases relating to initial assessments or 20 cases where children or monitored and supervised.

Voter Identification (HB0303 Jones / SB0285 Oliver)

Authorizes the use of an identification card issued by an accredited institution of higher education in this state for purposes of voter identification at a polling place; requires the secretary of state to conduct studies on such use and file reports regarding such use.

Youth Voter Act (HB0933 McKenzie / SB0346 Campbell)

Requires each high school to inform each high school senior that upon reaching the age of 18 the student may be eligible to vote and provide information from the secretary of state about voter eligibility and how to register to vote.

Parental Rights (HB0163 Butler / SB0535 Haile)

Revises the definition of abandonment for purposes of termination of parental rights to include circumstances where the parent or guardian fails to visit or support the child for a period of three consecutive months if the child is less than four years of age; requires the court to waive the six-month waiting period after the filing of an adoption petition if the child is less than four years of age and certain circumstances have been met

Youth Fines and Fees (HB0749 Powell / SB0889 Akbari)

Exempts persons being adjudicated in juvenile court from various fees associated with court proceedings