Tennessee lawmakers completed their annual session April 21, approving Gov. Bill Lee's $56.2 billion budget, which includes a $3.3 billion road plan that allows the state to use private companies to build, operate and run toll lanes in urban areas, branded as choice lanes by the governor because people can choose not to use them.
Amid protests throughout much of the session centering on gun control and transgender rights, the Republican supermajority was able to pass legislation shielding gunmakers from liability, criminalizing drag shows with minors present and banning transgender medical procedures for Tennessee children, among other priorities.
Here's a rundown on some of the major actions state lawmakers took this year, including votes cast by Southeast Tennessee lawmakers:
— Number: Senate Bill 1
— Topic: Transgender medical procedure ban for children
Transgender health care bill bars most transgender medical procedures for children and teens under age 18 in Tennessee. Prevents access to transition treatments such as surgery, puberty blockers and hormone therapies, in addition to surgeries for gender dysphoria, a term used to describe anguish and other symptoms as a result of the disparity between someone's assigned sex and their gender identity.
— Votes: Senate: 26-6. House: 77-16.
— Status: Gov. Bill Lee signed into law March 3. The ACLU, Tennessee ACLU, Lambda Legal, and Akin Gump Strauss Hauer & Feld LLP filed a federal lawsuit April 20, challenging the law. Litigation pending. On Wednesday, the U.S. Justice Department filed suit in U.S. District Court in Nashville challenging the new law, which is set to take effect July 1.
— How Southeast Tennessee lawmakers voted:
House Ayes: Reps. Yusuf Hakeem, D-Chattanooga; Patsy Hazlewood, R-Signal Mountain; Esther Helton-Haynes, R-East Ridge; Greg Martin, R-Hixson; Greg Vital, R-Harrison; Dan Howell, R-Cleveland; Kevin Raper, R-Cleveland, Ron Travis, R-Dayton.
House Nays: None
Senate Ayes: Sens. Todd Gardenhire, R-Chattanooga; Bo Watson, R-Hixson; Adam Lowe, R-Calhoun, Janice Bowling, R-Tullahoma.
Senate Nays: None
— The debate: House Majority Leader William Lamberth, R-Portland: "These children do not need these medical procedures to be able to flourish as adults. They need mental health treatment. They need love and support, and many of them need to be able to grow up to become the individuals that they were intended to be."
Rep. Bo Mitchell, D-Nashville: "It has nothing to do with protecting children from unnecessary medical procedures. Some children can get their breast enhancements, their nose jobs, that's OK, but these children can't have any medical procedures?"
— Number: Senate Bill 12
— Topic: School vouchers for Hamilton County
Voucher bill sponsored by Sen. Todd Gardenhire, R-Chattanooga, brings Hamilton County into the state's Education Savings Account program and will provide taxpayer-funded vouchers worth about $8,100 a year per student that can be used to send a student to a private school willing to accept the voucher.
— Votes: Senate: 19-6, four members present and not voting on the bill. House: 57-27, five representatives present and not voting on the bill.
— Status: The bill has been transmitted to Lee.
— How Southeast Tennessee lawmakers voted:
House Ayes: Hazlewood, Helton-Haynes, Martin, Vital, Howell
House Nays: Hakeem
House present and not voting: Raper
Senate Ayes: Gardenhire, Watson, Bowling, Lowe
— The debate: Gardenhire: "I want to give the parents and the students the opportunity to have a choice and not be trapped in failing schools. Whether you like the ESA bill or not, it's here and passed its legal challenges."
House Minority Leader Karen Camper, D-Memphis: "Here again, we're in a situation where we're going to be taking even more funds from our public systems. We said this was going to happen with the first legislation — they agreed there'll be only X number of students, X number of areas. And we knew they had plans to expand this ESA program."
— Number: Senate Bill 3
— Topic: Drag shows, minors
Creates an offense for a person who engages in an "adult cabaret performance" on public property or in a location where the adult cabaret performance could be viewed by a person who is not an adult. Applies to adult-oriented performances that are "harmful to minors" and references Tennessee Code Annotated 39-17-901. The code section contains a provision stating an average person applying contemporary community standards would find the performance appeals predominantly to the "prurient, shameful or morbid interests of minors." Applies to topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers.
— Votes: Senate: 26-6. House: 74-19.
— Status: First-in-the-nation law signed by Lee on March 2. Federal judge temporarily blocked law after Memphis-based Friends of George's, an LGBTQ+ theater group, sued saying the law violates the First Amendment. Lawsuit still pending.
— How Southeast Tennessee lawmakers voted:
House Ayes: Hazlewood, Helton-Haynes, Martin, Vital, Howell, Raper, Travis
House Nays: Hakeem
Senate Ayes: Gardenhire, Watson, Lowe and Bowling.
— The debate: Senate Majority Leader Jack Johnson, R-Franklin: "I would encourage you to direct (constituents) to the obscenity statute."
House Rep. Torrey Harris, D-Memphis, the Tennessee legislature's only openly gay member: "We have three other, nonopenly LGBTQ Republican colleagues of mine who can't really open up their mouth and speak freely about their situation because they're hiding as well. And so I say that because there's young people who are uncomfortable with who they are and can't speak on behalf of themselves because of people like us in this legislature."
— Number: Senate Bill 446
— Topic: Pronouns
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.
— Votes: House: 72-22 with one person present but not voting on the bill. Senate: 25-7 with one person present but not voting on the bill.
— Status: Has yet to be signed by House and Senate speakers
— How Southeast Tennessee lawmakers voted:
House Ayes: Hazlewood, Helton-Haynes, Martin, Vital, Howell, Raper, Travis
House Nays: Hakeem
Senate Ayes: Gardenhire, Watson, Bowling, Lowe
— The debate: Sen. Paul Rose, R-Covington: "Senate Bill 446 will help protect the First Amendment right of teachers should they choose to establish a pronoun policy in their classroom. This bill will protect them from any adverse disciplinary action."
Senate Minority Leader Raumesh Akbari, D-Memphis: "I think ... we give teachers a license to essentially bully a student and someone who identifies in a certain way. It's about respect and decorum."
— Number: Senate Bill 1440
— Topic: Defining term "sex" for birth certificates, driver's licenses
Defines the term "sex" for use throughout Tennessee code, unless the context otherwise requires, as a person's "immutable biological sex" as determined by anatomy and genetics existing at the time of birth. Requires a person's sex be listed on the original birth certificate and driver's license. A fiscal note says the law could jeopardize $1.29 billion in federal education funds coming to the state and another $750 million in grants to the state Department of Health and lead to civil litigation.
— Status: Has yet to be signed by House and Senate speakers
— Votes: House: 71-21. Senate: 27-6
— How Southeast Tennessee lawmakers voted:
House Ayes: Hazlewood, Helton-Haynes, Martin, Vital, Howell, Raper, Travis
Nays: Hakeem
Senate Ayes: Gardenhire, Watson, Lowe, Bowling
— The debate: Rep. Rusty Grills, R-Newbern: "God created man, He created woman. He put them in this world to procreate and to read and replenish the world. And when we continue to spit in the face of God as a nation, we're going in the wrong direction."
Rep. Justin Pearson, D-Memphis: "You are saying the government is the decider of someone's sex and the 'immutability' that you mention. Not only is it a bad piece of legislation, the message that's being signaled to people particularly in our LGBTQIA community that you were signaling is really strong. And it's harmful and it's hurtful."
— Number: Senate Bill 269
— Topic: Juneteenth
Designates Juneteenth, the date on June 19, 1865, in which a Union general issued an order freeing remaining enslaved people in Texas and ending slavery in America, an official Tennessee holiday. Provides time off for state employees. Juneteenth is already a state Day of Special Observance. A fiscal note estimates an annual $691,890 cost for state employees whose jobs require they work that day.
— Votes: Senate: 24-4. House: 61-18 with 10 present and not voting on bill.
— Status: Lee supported the bill, which has yet to make it to his desk.
— How Southeast Tennessee lawmakers voted:
House Ayes: Hakeem, Hazlewood, Raper
House Nays: None
House present and not voting: Helton-Haynes, Vital
House not listed as voting: Martin, Howell, Travis
Area Senate Ayes: Watson, Lowe
Senate Nays: Bowling
Senate present and not voting: Gardenhire
— The debate: Senate Minority Leader Raumesh Akbari, D-Memphis: "It marks the emancipation of enslaved people in America. ... This is an important celebration for not just African-Americans but for folks all across the state of Tennessee."
Sen. Joey Hensley, R-Hohenwald, in Senate Finance Committee: "I asked several people in my district if they knew what Juneteenth was, and very few did. I don't think we need to be making a holiday for something that happened in Texas. This is going to cost the state $700,000. It's a holiday that most people don't know what it is."
— Number: House Bill 1189
— Topic: Firearms lawsuit protections for gun manufacturers
Provides special protections for firearms manufacturers against lawsuits. The House passed the bill prior to the March 27 deadly shooting of three children and three adults at The Covenant School in Nashville. Senators gave final approval April 18, shortly before another planned mass protest the same day by students, parents and others over the shooting and gun violence.
— Votes: House: 71-24. Senate: 19-9
— Status: The bill as of Thursday was awaiting the signature of House Speaker Cameron Sexton, R-Crossville, before going to Lt. Gov. Randy McNally, the Republican Senate speaker. It would then go to Lee for his consideration.
— How Southeast Tennessee lawmakers voted:
House Ayes: Hazlewood, Helton-Haynes, Martin, Vital, Howell, Raper, Travis
House Nays: Hakeem
Senate Ayes: Gardenhire, Watson, Bowling, Lowe
— The debate: Sen. Joey Hensley, R-Hohenwald: "This is just to try to help businesses in this state that have chosen to come here, to give them a little civil liability" protection.
Sen. Jeff Yarbro, D-Nashville: "There are people that we should be going out of our way to protect this week. And we've been receiving emails and calls, people are holding up signs, telling us to go out of our way to help those people. Not one of those signs says to protect the gun manufacturers."
— Number: Senate Bill 1012
— Topic: Prohibits mandatory 'implicit bias' training for educators
The bill, sponsored by Gardenhire, prohibits a local education agency, public charter school, public institution of higher education, State Board of Education, and Department of Education from requiring implicit bias training for employees. Defines "implicit bias training" as training or other educational programs designed to expose an individual to biases of which one may not be consciously aware, against a specific group.
— Votes: Senate: 24-5. House: 71-22
— Status: Awaiting House speaker signature before going to the governor
— How Southeast Tennessee lawmakers voted:
House Ayes: Hazlewood, Helton-Haynes, Martin, Vital, Howell, Raper, Travis
House Nays: Hakeem
— Status: Has not reached House speaker as of Thursday
— The debate: Gardenhire: "It doesn't matter whether you agree or disagree with this type of training or searching your soul or accusing you of being something that you are or not, what this bill says is if you fundamentally disagree with what you're being forced to take or agree to, you don't have to. And what's more, they can't hold it against you if you don't want to take it or you fail to take it."
Akbari: "Those types of thoughts affect our judgment," Akbari said, using as an example that if she sees someone from a rural area, "I automatically assume they're uneducated, or I see someone from an urban area and I automatically assume they're a criminal, and I make my decisions based on those beliefs."
— Number: House Bill 1545
— Topic: State's FY 2023-204 $56.2 billion budget
Tennessee lawmakers approved the annual spending plan that injects a record $3.3 billion into national highway projects and premises as well as other large investments, including nearly $1 billion for Tennessee Colleges of Applied Technology and $223 million to enhance security at public and private schools.
The budget, which takes effect July 1, includes $125 million for teacher pay raises.
— Votes: House: 94-5. Senate 33-0.
— Status: House and Senate speakers have yet to sign bill.
— How Southeast Tennessee lawmakers voted:
House Ayes: Hakeem, Hazlewood, Helton-Haynes, Martin, Vital, Howell, Raper, Travis
Senate Ayes: Gardenhire, Watson, Lowe, Bowling
— The debate: Senate Majority Leader Jack Johnson, R-Franklin: "There's a significant emphasis on public safety with a particular emphasis on school safety. This budget prioritizes education. ... This budget contemplates a record investment in traffic and road improvements to relieve congestion and improve our roads across the state. This budget provides services for the most vulnerable populations in the state. And it does much much more. And it does all of this without raising taxes and without taking on any debt and a record contribution to our state's saving account."
Sen. Jeff Yarbro, D-Nashville: "If we chose to keep only $1.5 billion of the recurring surplus and invest the other billion in education — it would still be one of the largest retained recurring surpluses in the history of the state — but what we would get in the meantime is we would have moved out of the bottom 10 (states) in education funding."
— Number: Senate Bill 273
— Topic: Transportation Modernization Act
Lawmakers gave final approval to Gov. Bill Lee's $3.3 billion Transportation Modernization Act, which among other goals will expand taxpayer-funded interstates in rural areas from two to three lanes while also allowing new publicly owned but privately funded and operated interstate toll or "choice" lanes in Hamilton County and other congested urban areas in the state. But critics say it applies to all 95 counties, including rural and suburban counties, and some charge foreign companies will be in charge of the toll lanes.
— Votes: House: 78-12 with three members present but not voting. Senate: 26-6 with one senator present but not voting.
— Status: Signed by governor
— How Southeast Tennessee lawmakers voted:
House Ayes: Hakeem, Hazlewood, Helton-Haynes, Martin, Vital, Howell, Raper
Senate Ayes: Gardenhire, Watson, Lowe
Senate Nays: Bowling
— The debate: House Transportation Committee Chair Dan Howell, R-Cleveland: "It's time to do something about the way we address our infrastructure."
Rep. John Ray Clemmons, D-Nashville: "All this amendment does is change the title (of the bill) - Transportation Privatization Act. That's it." His amendment was defeated.
Contact Andy Sher at asher@timesfreepress.com or 615-285-9480.