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Final Legislative Report - 2009
June, 2009
On behalf of the 2009 Board of the Tennessee Women’s Political Caucus, thank you so much for being a part of this passionate, positive-results-driven organization that truly works hard to enhance the equality and quality of life for all Tennesseans. Your membership enables the Caucus to keep a watchful eye on the General Assembly; supports our ability to put a legislative liaison in the middle of the day-to-day movement of bills through the process; and often puts us at the very table where many of the bills we track are written.
To the many Caucus members, and friends of the Caucus, who made multiple legislative contacts during the session; please know that you played a critical role in helping to ensure the level of success the Caucus had this year at the General Assembly. Thanks to all of you who cared enough to read the reports and make the contacts. You made a difference! Below is a recap of this year’s action.
Holly Spann
Vice President, Legislation
Tennessee Women’s Political Caucus
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After the 106th General Assembly passed a $29.6 billion budget, (10.2% smaller than the original budget for the current fiscal year) the long session ended. The final product closely resembles the package Governor Bredesen recommended, although there are some additional appropriations for mental health and children’s services. If revenues continue to suffer, the administration is authorized to impound up to $55 million worth of planned expenditure.
Two of the Caucus’ legislative priorities related to support of funding for the Tennessee Economic Council on Women and for specialized programs for women in the Department of Health were fully funded in the new budget.
Because of the use of both temporary federal funds and non-recurring state dollars to balance the coming year’s budget, 2010 session budget discussions will be difficult, particularly for organizations that support programs dedicated to serving the needs of low-income women and children; an area the Caucus has diligently kept an eye on.
The Caucus monitored 16 bills that were passed this year.
We actively supported SB314 / HB1225 (Sen. Diane Black / Rep. Beth Harwell) which requires the surrender of all firearms to law enforcement within 24 hours when someone was subject to an order of protection or convicted of a misdemeanor crime of domestic violence.
The Caucus also actively worked on SB1209 / HB1437 (Sen. Jamie Woodson / Reps. Beth Harwell and Janis Sontany), prohibiting the use of restraints on pregnant, incarcerated women during labor and transport to a medical facility, or post-partum.
A House study committed on HR82 was filed late in the session by Rep. Mike Stewart. This committee will look at issues of teen pregnancy, infant mortality, and access to birth control. Rep. Stewart successfully sought bipartisan sponsorship and support of the resolution. The Caucus was a strong supporter of this and worked closely with Rep. Stewart as the resolution was drafted.
Unfortunately, two bills the Caucus vigorously and actively opposed also passed;
SJR127 (Sen. Diane Black / Rep. Debra Maggart) which is the constitutional amendment regarding termination of pregnancy; and
SB470 / HB1756 (Sen. Jack Johnson /Rep. Joey Hensley) which sought to force the Department of Health to use contractors other than Planned Parenthood for the provision of family planning services provided through Title X federal funds sent to the state. In its final, amended form, the bill affects only Davidson and Shelby Counties and requires DOH to use a grant distribution process virtually identical to one used for the past two years in those counties. Although the Caucus continued to oppose the bill in any form, the amended version does not have the impact desired by its proponents, which was to “defund” Planned Parenthood.
The Caucus fared well on other bills we oppose, with virtually none of them passing in 2009.
All three mandatory joint custody bills,
SB50 / HB398 (Sen. Dwayne Bunch / Rep. Donna Rowland);
SB181 / HB2 (Sen. Doug Jackson / Rep. G.A. Hardaway); and
SB1257 / HB802 (Sen. Dwayne Bunch / Rep.Stacey Campfield)
These were either outright defeated or deferred until 2010 because of inadequate support in key subcommittees. All establish a rebuttable presumption that “equal parenting” is in the best interest of a child of divorcing parents. The bills would take away judicial discretion to decide the remaining cases on an individual basis based on the best interests of the child or children involved.
Multiple bills related to required paternity testing and birth certificates opposed by the caucus also failed to pass, as did a bill on medical records, SB2089 / HB1762 (Sen. Mae Beavers / Rep. Tony Shipley). The medical records bill became especially controversial because of the House sponsor’s vocal indignation that many organizations representing licensed health care providers and facilities opposed the bill. It required providers to provide medical records and test results to the parents of minors upon request. Based on case law over the years, the current practice is for physicians to use their own judgment in providing complete patient confidentiality after a minor is age 14 or above. There are obvious implications of a change in this practice in terms of the need for STD and pregnancy testing, among many other services that teenagers, in particular, may seek out.
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