TEP Tracking Report for the week of Mar. 5, 2012

Tennessee Equality Project is actively tracking the following legislation in the second session of the 107th Tennessee General Assembly. These bills are on notice in House and Senate committees in next few weeks. 

SB49 / HB229 Teaching of sexuality in elementary and middle schools.  DON’T SAY GAY BILL

Category	Education
Sponsors	Sen. Stacey Campfield / Rep. Joey Hensley
Description	Prohibits a public elementary school or middle school from the teaching of or furnishing of materials on human sexuality other than heterosexuality.
Senate Status	05/20/2011 - Senate passed with amendment 5.
House Status	02/28/2012 - House Education deferred to 03/13/2012.

SB313 / HB187 Birth certificate changes upon sworn statement.   

Category	Health Care
Sponsors	Sen. Beverly Marrero / Rep. Jeanne Richardson
Description	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.
Senate Status	02/09/2011 - Referred to Senate Judiciary.
House Status	03/01/2012 - Set for House General Subcommittee of Health & Human Resources 03/06/12.

SB314 / HB188 Sentence enhancements when gender identity motivates crime. 

Category	Criminal Law
Sponsors	Sen. Beverly Marrero / Rep. Jeanne Richardson
Description	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.
Senate Status	02/09/2011 - Referred to Senate Judiciary.
House Status	03/01/2012 - Set for House General Subcommittee of Judiciary 03/07/12.

SB426 / HB432 Student participation in extracurricular activities. 

Category	Education
Sponsors	Sen. Stacey Campfield / Rep. Matthew Hill
Description	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.
Senate Status	03/01/2012 - Set for Senate Education Committee 03/07/12.
House Status	05/09/2011 - House passed.

SB2488 / HB2548 Student participation in extracurricular activities.  

Category	Education
Sponsors	Sen. Dolores R. Gresham / Rep. Matthew Hill
Description	Requires schools to notify parents or legal guardians, by way of student handbook or policy guidebook, of all clubs and organizations available to students attending such school. Gives parents the opportunity to prohibit their child from participating in such clubs or organizations by tendering a written communication to the school.
Senate Status	03/01/2012 - Set for Senate Education Committee 03/07/12.
House Status	02/14/2012 - House Education recommended. Sent to Calendar & Rules.

SB2506 / HB2414 Aids studies for public outreach and education.  

Category	Health Care
Sponsors	Sen. Beverly Marrero / Rep. Brenda Gilmore
Description	Requires the office of research and accountability to study AIDS prevention curricula implemented by LEAs. Requires the department of health to study AIDS prevention curricula that has been implemented in other states to determine if the programs are meritorious and effective.
Senate Status	03/01/2012 - Senate passed.
House Status	02/23/2012 - House passed with amendment 1 (01289562), which replaces the word, "AIDS," with "HIV/AIDS."
Executive Status	03/01/2012 - Sent to the speakers for signatures.

SB2725 / HB3065 Tennessee Civil Rights Initiative Act.  

Category	Government Regulation
Sponsors	Sen. Jim Summerville / Rep. John Ragan
Description	Enacts "Tennessee Civil Rights Initiative Act." Prohibits the state, including all entities of the state that derive authority from the state, from discriminating or granting preferential treatment to any individual or group based on sex, race, color, ethnicity, or national origin in the operation of all aspects of public employment, education, or contracting.
Senate Status	02/21/2012 - Failed in Senate State & Local Government.
House Status	03/01/2012 - Set for House General Subcommittee of State & Local Government 03/07/12.

SB2762 / HB2908 Repeals Equal Access to Intrastate Commerce Act.  

Category	Commercial Law
Sponsors	Sen. James F. Kyle Jr. / Rep. Brenda Gilmore
Description	Repeals the "Equal Access to Intrastate Commerce Act (PC 0278)," which defines "sex," for the purposes of the Tennessee Human Rights Act (THRA), as the designation of an individual as male or female as indicated on the individual's birth certificate. Prohibits local governments from imposing an anti-discrimination policy that changes the definition of discriminatory practices contained in the THRA or other types of discrimination prohibited by state law.
Senate Status	03/01/2012 - Set for Senate State & Local Government Committee 03/06/12.
House Status	None

SB3060 / HB3266 Protection of first amendment rights in schools.  

Category	Education
Sponsors	Sen. Jim Summerville / Rep. Phillip Johnson
Description	Prohibits local education agencies, administrative personnel, and instructional personnel from taking affirmative action, including entering into an agreement that infringes upon or waives the rights or freedoms afforded to school personnel and students under the First Amendment to the Constitution of the United States, without the written consent of the impacted individuals.
Senate Status	03/01/2012 - Set for Senate Education Committee 03/07/12.
House Status	03/01/2012 - House passed with amendment 1. House amendment 1 (01304262) rewrites the bill so that LEAs and school administrators may not prohibit personnel from participating in religious activities on school grounds that are initiated by students at reasonable times before or after the instructional day so long as such activities are voluntary for all parties and do not conflict with the responsibilities or assignments of such personnel.

SB3116 / HB3241 Relocation of students for safety reasons.  

Category	Education
Sponsors	Sen. Dolores R. Gresham / Rep. Harry Brooks
Description	Requires local boards of education to adopt policies concerning a teacher's ability to relocate a student for the safety of the student and the safety of others. Authorizes the use of reasonable or justifiable force to move an uncooperative student. Requires policies to address altercations between students or between students and LEA employees. Specifies that such policies will be effective on school property and at official school functions, including those not held on regular school property.
Senate Status	03/01/2012 - Senate passed.
House Status	03/01/2012 - Set for House Education Committee 03/06/12.

SB3606 / HB3505 Partnerships between LEAs and parents.   

Category	Education
Sponsors	Sen. Joe M. Haynes / Rep. Brenda Gilmore
Description	Authorizes and encourages LEAS to partner with individuals, community and faith-based groups and organizations and nonprofit and for-profit entities to design and implement programs to improve parental involvement in their children's education and schools, particularly in high priority schools or school systems; such programs shall include parenting classes provided at low or no cost to the parents by community organizations. Allows rewards for schools and classes and honors parental participation.
Senate Status	02/01/2012 - Referred to Senate Education.

SB2371 / HB2493 Trafficking in commercial sex acts - offense created.  

Category	Criminal Law
Sponsors	Sen. Beverly Marrero / Rep. Jim Coley
Description	Defines "commercial sex act" as any sexual act for which something of value is given or received. Replaces the existing Class B felony offense of "trafficking for sexual servitude" with "trafficking a person for a commercial sex act" and adds the attempt to subject, benefit from, or attempt to benefit from another person's provision of a commercial sex act. Requires a person who is convicted of a commercial sex act offense to register with the TBI pursuant to the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004. Elevates the offense to a Class A felony if the victim is a child between 13 and 15 years of age.
Senate Status	03/01/2012 - Set for Senate Judiciary Committee 03/06/12.
House Status	03/01/2012 - Set for House General Subcommittee of Finance 03/07/12.