State lawmakers returned to the Capitol this week to gavel in the 113th General Assembly at noon on Tuesday, Jan. 10. Here are six issues they’re likely to address.
Abortion exceptions for rape, incest
Both Democrat and Republican lawmakers are discussing legislation to change Tennessee’s total abortion ban, which took effect in August after the Supreme Court overturned Roe v. Wade. State law currently does not allow exceptions for rape incest, or medical emergencies threatening the life of the mother, requiring criminal prosecution of physicians who perform abortions, punishable by up to 15 years in prison and a $10,000 fine.
According to a Vanderbilt poll, 75% of voters support exceptions for rape and incest.
Sen. Richard Briggs, R-Knoxville, has said he supports creating exceptions for rape, incest and medical emergencies, while Sen. Ferrell Haile, R-Gallatin, has said he is exploring options for a bill to create exceptions, the Tennessee Lookout reported. House Speaker Cameron Sexton has said that the law “needs clarification,” telling Main Street Nashville he would support legislation to create the three exceptions, should it reach the House floor. Meanwhile, Yusuf Hakeem, D-Chattanooga, has filed a bill that would create the three exceptions, including life-threatening mental health emergencies.
It’s not clear whether Gov. Bill Lee would veto exception legislation if it passes – he has said he is “satisfied” with the law as it is, and repeatedly claimed that it already includes an exception for life-threatening emergencies (law provides an affirmative legal defense).
Child sex reassignment surgeries
Tennessee is the first state to consider legislation to ban permanent sex reassignment surgeries for transgender children. Last autumn, top Republicans condemned Vanderbilt University Medical Center for conducting gender-affirming procedures on minors who identify with a sex other than their biological one. VUMC has said its Pediatric Transgender Clinic has not done genital surgeries on any children, but has performed an average of five “top surgeries” per year for minor patients with parental consent.
In response, Republican leaders Sen. Jack Johnson, R-Franklin, and Rep. William Lamberth, R-Portland, are sponsoring the “Protecting Children from Gender Mutilation Act” which is a bill to prohibit gender affirming surgeries and hormone treatments for children. The bill would also create a pathway for children to sue both healthcare providers and consenting parents if they are “injured as a result” of the procedure.
If passed, the bill will almost certainly face legal challenges from the ACLU of Tennessee, which has said the bill would take away doctors’ ability “to provide life-saving care for transgender youth.”
Toll lanes
Tennessee’s Department of Transportation is seeking approval from the legislature to work with private companies to construct toll option lanes in the state’s most congested areas.
TDOT’s proposal comes as the state’s gas tax revenue is not keeping pace with road project needs. Lee has said he will not take on any debt to build or expand roads, and he opposes imposing tolls on all drivers.
TDOT is calling the managed lanes “choice lanes.” Commissioner Butch Eley says no existing lanes would be impacted – all tolled lanes would be new constructions. Lanes would likely be located in the most congested areas in Tennessee’s biggest cities, though the department has not identified specific locations. A private operator would set the price drivers would have to pay to use the lanes. Other southern states including Texas, Georgia, and Florida all operate toll lanes around major cities.
Third grade retention
A law passed in 2021 could hold back 73% of third graders at Metro Nashville Public Schools when it takes effect this year. Aimed at addressing COVID-19 learning loss, the law requires all third graders who do not “meet” or “exceed expectations” on annual TCAP tests to repeat the grade, complete tutoring, or attend summer school.
Lawmakers will likely consider changes to the law, including retention requirements for earlier grades, and more learning supports to set third graders up for success. They may also consider a minimum age to start kindergarten.
School choice voucher expansion
Since the Tennessee Supreme Court found Lee’s school choice voucher law to be constitutional last year, some lawmakers are seeking to expand the program. Students began applying to the Education Savings Accounts program this fall, and several hundred are now enrolled in private schools on the state’s dime.
Currently the five-year pilot program operates only in Shelby and Davidson counties, and is limited to 5,000 participants. Sen. Todd Gardenhire, R-Chattanooga, has proposed a bill to expand the program to include Hamilton County.
Funding for DCS
Last year, a scathing audit of Tennessee’s Department of Children’s Services found that the agency may have kept children in unsafe situations as it failed to respond to at least 34 allegations of sexual abuse, sexual harrassment or child neglect. The audit followed reports of children sleeping on DCS office floors for hundreds of nights last year, and a 48% turnover rate for caseworker staff, which Commissioner Margie Quin described as “horrific.”
Quinn has asked Lee for $156 million in new funding in his budget to help the department hire and retain staff and update the agency’s technology system.
