2015 Legislative Wrap-Up
Adoption
WPC worked with Sen. Haile and Rep. Faison, the sponsors of SB440/HB445 (now Public Chapter 113), which shortens the time period during which a parent can revoke the surrender of a child for adoption from 10 days to 3 days.
Pre-Marital Retirement Accounts in Divorce
This was TN Bar Association legislation (now Public Chapter 202) to change how interest on pre-marital retirement accounts is viewed during a divorce. The new provision provides that interest gained on pre-marital retirement funds is now not automatically marital property. WPC expressed concern about the original language and worked with the TBA to amend the bill. Sponsors were Sen. Becky Massey and Rep. Mike Carter.
Pregnant Women
Legislation passed in 2014 allowed for the prosecution of a pregnant woman for assault if her baby is born addicted to or harmed by the mother’s illegal use of narcotics. SB586/HB1340 (Tate/Weaver) sought to add methamphetamines to the list of drugs for which a pregnant woman may be prosecuted. WPC and others expressed concern about the bill, which failed. This change could well discourage addicted pregnant women from seeking prenatal care, as many believe the original legislation, which “sunsets” next June, 2016, does. Testimony against this year’s bill also emphasized that treatment options for women are slim, or even non-existent.
Tennessee Economic Council on WomenWPC actively supported SB256/HB387 (Bell/Faison) to extend the “sunset” date of the Tennessee Economic Council on Women. The bill was approved in the House but will await Senate consideration next year. Although this causes the Council to have to move into the “wind down” provisions of the Uniform Administrative Procedures Act, prospects are positive for Senate passage during the 2016 legislative session. Here is a link to the TECW website for more information about their purpose: http://www.tn.gov/sos/ecw/
Abortion Legislation
WPC opposed two bills restricting access to abortions, although both passed in the wake of the success of Amendment 1 last fall.
SB1222/HB977 (Beavers/Hill) was approved overwhelmingly, despite vocal opposition and extensive testimony. It adds a requirement for a minimum 48 hour waiting period and another new requirement for an in-person visit to a physician, who must verbally and in-writing provide the woman with scripted “informed consent” information before the 48 hour period begins to run. The greatest negative impact of the changes is expected be on low income women and those who live outside of urban areas. Women seeking an abortion will not be able to receive information by telephone or from other licensed health care providers, in person or otherwise, in order to start the clock on the 48 hour mandate.
SB1280/HB1368 (Hensley/Lynn) requires any facility performing 50 or more surgical abortion procedures a year to be licensed as an ambulatory surgical treatment center. Becoming an ambulatory surgical treatment center requires seeking approval for a Certificate of Need, a costly procedure before the Health Services and Development Agency, and adhering to a 46 page list of standards regarding increased emergency measures. This legislation is expected to affect two of seven existing clinics with abortion services because the others are either already licensed or do not perform surgical abortions.
Another bill also opposed by WPC that did not pass was SB775/HB2 (Beavers/Womick), although it remains pending in 2016. It would require a woman to have an ultrasound between 24 and 72 hours before an abortion and require a healthcare provider to provide a picture of the ultrasound to the woman, along with a verbal description of the embryo or fetus regardless of the woman’s wishes.
Pay Equality Legislation
The “Tennessee Pay Equality Act”, SB864/HB903 (Kyle/Clemmons), supported by WPC and introduced for the past few years, failed again this year. It would have prohibited an employer from paying an employee less than another employee at the same job on the basis of sex.
