Sunday, February 27, 2011

TN General Assembly offers good and bad legislation for LGBT people

Tennessee Equality Project is actively monitoring the following bills in the 107th General Assembly of the State of Tennessee. While not exhaustive, this list contains legislation in this session that may advance or threaten the equality of LGBT people and their families. Click the bill number links for the most current status of legislation and learn more about these bills and their potential impact on Advancing Equality Day on the Hill on March 1. - Jonathan Cole

CRIMINAL LAW
Sentence enhancements when gender identity motivates crime. (SB0314/ HB0188). Includes "gender identity or expression", rather than gender alone, on the list of motivations behind committing a crime that may be considered for sentence enhancement. (S: Marrero; H: Richardson).
EDUCATION

“Abstinence-Centered” Sex Education (
SB 1305/ HB 1352). As introduced, implements an integrated sex education program in place of the family life curriculum and authorizes parents to maintain an action against an outside instructor or organization for teaching students about material prohibited by the curriculum guidelines. - Amends TCA Title 37; Title 49 and Title 68. (S: Johnson J.; H: Dunn).

Teaching of sexuality in elementary and middle schools (SB0049/
HB0229). Prohibits a public elementary school or middle school from the teaching of or furnishing of materials on human sexuality other than heterosexuality. (S: Campfield; H: Dunn).

Student participation in extracurricular activities (SB0426/
HB0432). Requires schools to notify parents or legal guardians of all clubs and organizations available to students attending such school by displaying such information in the student handbooks or policy guidebooks. Prohibits a school from allowing a student to become a member or participate in any activities of a club or organization if the parent or legal guardian of such student has tendered a written communication prohibiting such student from such membership or participation. (S: Campfield; H: Hill).
Schools must create policies to discourage cyber-bullying (SB0488/ HB0301). Defines cyber-bullying. Requires each school to implement policies against cyber-bullying and send a copy of the policy to the commissioner of education. Encourages school employees, students, and volunteers to report cyber-bullying, in addition to other forms of intimidation. (S: Ketron; H: Curtiss).

Policies regarding harassment, intimidation and bullying (SB0760/ HB1153). Clarifies terms and policies associated with harassment, intimidation and bullying. Adds that the policy prohibiting bullying shall not be interpreted to infringe upon the First Amendment rights of students and shall not prohibit their expression of religious, philosophical, or political views; as long as such expression does not include a threat of physical harm to a student or damage to a student's property. (S:Tracy; H: Dennis).
Policies on harassment and bullying (SB1923/ HB1105). As introduced, requires an LEA revising its policy prohibiting harassment, intimidation, or bullying, which was filed with the commissioner of education, to transmit the revised policy to the commissioner. - Amends TCA Title 49. (S: Woodson; H: Montgomery).

VITAL RECORDS

Birth certificate changes upon sworn statement (SB0313/ HB0187).
Allows a person's birth certificate to be changed to reflect a change of that person's gender upon a sworn statement by a certain medical or mental health professional. (S: Marrero; H: Richardson).

VOTING RIGHTS

Photo ID required to vote (SB 0016/ HB 0007).
As introduced, requires a voter to present qualified photographic identification before voting; voters without proper identification shall be allowed to cast provisional ballots. (S: Ketron; H: Maggart).

Photo ID required to vote (SB 0375/ HB 0402). As introduced, requires a voter to present qualified photographic identification before voting; voters without proper identification shall be allowed to cast provisional ballots. (S: Bell; H: Watson).

HEALTH CARE
Board of medical examiners to regulate genetic counselors (SB 0791/ HB0344). Recognizes that the board of medical examiners has the power to promulgate rules and regulations to administer the Genetic Counselors Licensing Act. (S: Overbey; H: Ramsey B.)

LOCAL GOVERNMENT
“Equal Access” to Intrastate Commerce Act (SB 0630/HB0598). Enacts the "Equal Access to Intrastate Commerce Act." Prohibits a local government from imposing an anti-discrimination standard that deviates or supplements the definition of "discriminatory practices" already existing in Tennessee Code Annotated. Prohibits any local government from imposing on any person health insurance benefits, minimum wage, or family leave requirements that deviates from state or federal statutorily recognized requirements. (S: Ketron; H: Casada)

"Equal Access" to Intrastate Commerce Act (
SB0631/ HB0601). Enacts the "Equal Access to Intrastate Commerce Act." Prohibits a local government from imposing an anti-discrimination standard that deviates or supplements the definition of "discriminatory practices" already existing in Tennessee Code Annotated. Establishes that the only anti-discrimination employment practices or standards that may be legally enacted by a local government with respect to any person must be limited to race, creed, color, religion, sex, age, or national origin. Prohibits any local government from imposing on any person health insurance benefits, minimum wage, or family leave requirements that deviates from state or federal statutorily recognized requirements. (S:Ketron; H: Casada)
“Equal Access” to Intrastate Commerce Act (SB0632/ HB0600). Enacts the "Equal Access to Intrastate Commerce Act." Prohibits a local government from imposing an anti-discrimination standard that deviates or supplements the definition of "discriminatory practices" already existing in Tennessee Code Annotated. (S:Ketron; H: Casada).

HUMAN RIGHTS

Prohibition of discrimination based on sexual orientation (
SB 1132/ HB 1317). As introduced, adds sexual orientation to the list of characteristics on which discrimination is prohibited in employment, public accommodations, and housing and financing. - Amends TCA Title 4, Chapter 21; Title 8 and Title 50. (S: Marrero; H: Jones S.)


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