Capitol Hill Update 2/6/2023

It’s been a busy few weeks on Capitol Hill. My staff and I were excited to kick of the 2023 Legislative Session by attending Governor Lee’s inaugural events. After the inauguration, it was back to work preparing my legislative package in anticipation for the bill filing deadline on February 2nd. This year, I will continue to work to prioritize education, reduce taxes, and fight for our second amendment rights.

I was also very honored to receive the Champion of 911 Award presented by Will Denami, on behalf of TN911.

Senate Prioritizes Legislation to Protect Children

Last week, legislation passed committees to protect children from irreversible medical procedures to change their gender identity and inappropriate sexual performances. To help provide better care to children in state custody, Senators announced over fifteen bills aimed at improvements to DCS and adoption and foster care services. More information can be found on these issues and other Senate news in this week’s wrap-up.

Tonight, Governor Lee will make his 2023 State of the State address in a joint session of the General Assembly, where he will unveil his 2023 budget proposal. You can watch the address by clicking this link: Tennessee General Assembly (tn.gov)

Health Committee Advances Legislation Prohibiting Irreversible Medical Procedures to Change Gender Identity of Child

Legislation that would prohibit minors from undergoing irreversible and harmful medical procedures to change their gender identity is one step closer to becoming law. Senate Bill 1 sponsored by Senate Majority Leader Jack Johnson (R-Franklin), was approved in the Health Committee last Wednesday. The bill seeks to ban medical interference that alters a child’s hormonal balance and procedures that remove body parts to enable the minor to identify as a gender different from their biological sex.

If passed, a healthcare provider who violates the law can be sued in civil court by the minor injured, the parent of the minor injured or the Attorney General within 30 years of the violation. Providers found to be in violation could face up to a $25,000 penalty per violation and have their medical license restricted.

The legislation ensures that doctors can still prescribe hormone treatment to minors for medically necessary purposes and makes exceptions for children born with chromosomal anomalies or congenital defects.

The legislation now advances to the Senate Judiciary Committee.

Legislation Protecting Children from Exposure to Sexually Explicit Adult Entertainment Passes Judiciary Committee

Another bill that seeks to protect children from inappropriate activities was approved in the Senate Judiciary Committee. Senate Bill 3 aims to protect children from being exposed to sexually explicit performances. It would restrict adult cabaret performances that appeal to a prurient interest from being performed on public or private property if children could be around to see it.

Under the bill, private establishments, such as bars or restaurants, that host sexually explicit shows must require patrons to show ID upon entry to ensure they are age 18 or older. This is a common-sense protection that provides clarity regarding what performances are not appropriate for children.

A violation of this bill would result in a Class A misdemeanor, and a second or subsequent offense would result in a Class E felony.

Lawmakers Propose Bills to Make Adoption Easier

Last Monday, the Adoption and Foster Care Caucus, led by Speaker Pro Tempore Haile, announced over 15 bills aimed at improving the adoption and foster care process in the state such as removing red tape in the adoption process, increasing the number of children that someone can watch in their home and reducing the caseload of Department of Children’s Services (DCS) caseworkers.

Among the legislation is a comprehensive bill that aims to make improvements to the adoption and foster care process by eliminating red tape. Senate Bill 528 would allow more time for adoptive parents to pay for birth related expenses, allow foster parents to be involved in court proceedings, prohibit the overturning of adoptions after six months and increase options for pre-birth and post-birth surrenders.

2023 State Budget Outlook

The Senate Finance, Ways and Means Committee hosted the Sycamore Institute, a nonpartisan research center for Tennessee, for a presentation on the 2023 state budget projections. The presentation reviewed the historically high end-of-year budget surpluses the state has seen since 2021. The state funding board estimates that overcollections in 2023 will be around $2.6 billion more than the budgeted estimate of $19.6 billion. In 2024, surplus revenue is expected to reach $2.9 billion.

Another part of the presentation touched on Tennessee’s rainy-day fund, which is at historic highs. Just before the Great Recession, the fund had amassed about $1.1 billion before it was spent down to $422 million. Since then, the legislature has consistently replenished the fund, which is set to reach $3.1 billion in 2023. That includes both the reserve for revenue fluctuations and TennCare. The rainy-day fund along could cover General Fund operations for a total of 62 days based on 2021 fund levels.