By SEN. JON LUNDBERG

Passage of key legislation in the Senate Judiciary Committee, including comprehensive pro-life legislation to prohibit abortion when a fetal heartbeat exists, topped a busy first week in March on Capitol Hill. Senate committees also heard updates from various officials of state government regarding the emergency response to help victims of the devastating tornadoes and storms that ripped through Tennessee in the early hours of Tuesday morning.

Prayers for those devastated by the storms were lifted by committee members continually on Tuesday and Wednesday, with lawmakers standing in recognition of victims and the state’s emergency responders during Thursday morning’s floor session. Senators commended state and local emergency personnel who performed above the call of duty during the disaster and expressed appreciation for the heroic efforts of citizens who participated in rescue and recovery efforts. They also stopped to remember those who lost their lives and the families who must rebuild in the aftermath of the storms.

“This has been a tough few days that none of us will forget,” said Senate Commerce and Labor Committee Chairman Paul Bailey (R-Sparta), whose district was devastated by the storms. “As I toured the damage caused by the tornadoes, I was overwhelmed by the immense devastation and suffering.  My heart goes out to those who have lost family and friends through this tragedy.”

Bailey praised the quick response of state government officials who offered immediate aid to storm-ravaged communities in his district. He also said a call for volunteers in Putnam County resulted in 2,500 citizens who showed up to help in recovery efforts. “That’s who we are in Tennessee,” Bailey continued, “From our nation’s founding, we are the Volunteers.”

Bailey announced this week that he is drafting a tax relief bill to help storm victims rebuild. The legislation would allow building materials to be purchased tax-free for those affected.

Senator Steven Dickerson (R-Nashville), whose Nashville district was in the path of the storms, echoed Bailey’s praise for victims, volunteers and first responders affected by the tornadoes. “This week’s storms, while devastating, have shown the resilience in Nashvillians. Nashville and surrounding communities will bounce back stronger than ever.” At the direction of President Donald Trump, federal officials were dispatched to Tennessee immediately after the storms to assess the damage and assist with the recovery. The president said, “We send our love and our prayers of the nation to every family that was affected. And we will get there, and we will recover and we will rebuild, and we will help them.”     

A federal disaster designation enables local governments and individuals to access the critical federal grants and loans needed to help them recover from the damages sustained. The aid also helps citizens and state and local governments with costs for damage to roads, bridges, emergency protective measures, and debris removal.

Multiple agencies of state government have set up mobile operations in affected areas to aid victims.

SENATE JUDICIARY COMMITTEE APPROVES

COMPREHENSIVE PRO-LIFE LEGISLATION

Major pro-life legislation, which includes a prohibition on abortions where a fetal heartbeat exists, was approved by the Senate Judiciary Committee on Tuesday. Senate Bill 2196, sponsored by Senate Majority Leader Jack Johnson (R-Franklin), Senator Dolores Gresham (R-Somerville), and Senator Jon Lundberg (R-Bristol), also includes a layered structure that prohibits abortion after the unborn child reaches certain gestational age milestones. The “ladder” provision bans abortion at 11 gestational age milestones ranging from 6 weeks to 24 weeks, with severability clauses for each step of the ladder. It is modeled after a Missouri law to protect against legal challenges.

A medical emergency exception is provided, under the bill, if certain requirements are met.

The proposal is part of Governor Bill Lee’s legislative priorities for the 2020 session. It also comes as a result of meetings held by the Senate Judiciary Committee last year which studied ways to implement pro-life legislation that will meet court scrutiny.

The bill calls for mothers to undergo an ultrasound prior to an abortion where the gestational age and the fetal heartbeat will be determined. The proposal also prohibits discriminatory abortion based on the unborn child’s race, sex, or Down syndrome diagnosis.

In addition, the legislation eliminates the requirement that the Department of Children’s Services provide court advocates and other information about judicial procedures to minors who are considering an abortion.     

“I appreciate the work done by the Judiciary Committee in helping get the bill in the right posture and am confident that it is in the best shape possible to move forward,” said Sen. Gresham.

“What we have offered is the nation’s strongest opportunity to protect the life of the unborn,” added Sen. Lundberg.

The bill, which was approved 7 to 2, now heads to the Senate floor for final approval.

MINIMUM AGE TO PURCHASE

TOBACCO PRODUCTS RAISED TO 21

Legislation which raises the minimum age required under state law to purchase tobacco products was approved week by the Senate Commerce and Labor Committee. Senate Bill 2202, sponsored by Senate Republican Leader Jack Johnson (R-Franklin) and Senator Joey Hensley (R-Hohenwald), raises the age from 18 to 21 to purchase, possess, transport, or consume any tobacco product, smoking hemp or vapor products.

“Smoking is a significant health issue,” said Sen. Hensley, who is a physician. “Raising the age limit for tobacco products will help us prevent premature deaths and improve the health and quality of life for thousands of citizens, as well as save millions in health care costs.”

The use of vaping products has grown dramatically over the past several years among youth. A U.S. Food and Drug Administration study shows that 20.8 percent of high schoolers are considered frequent users of e-cigarettes.

In December, President Trump signed into law a provision in the federal budget making it a violation to sell tobacco products to anyone under the age of 21, including e-cigarettes and vaping cartridges. This proposal puts state statutes in harmony with federal law and ensures that Tennessee will continue to receive $32 million in federal block grant funds.

The Department of Mental Health and Substance Abuse partners with Department of Agriculture each year to ensure tobacco products are not sold to underage individuals. Federal block grant funds provide prevention treatment and recovery support services and activities for people at risk or who have substance abuse disorders.

Tennessee Commissioner of Health Lisa Piercey told the Senate Health and Welfare Committee this week that smoking is a key contributing factor in the state’s poor health rating. She said while three people die each day of opioids, 31 deaths are attributed to tobacco use during the same period.

The Department of Health has requested $4 million in the 2020-2021 budget for tobacco prevention programs.

CONSTITUTIONAL CARRY BILL ADVANCES

The Senate Judiciary Committee approved legislation last week allowing law-abiding citizens to exercise their constitutional right to carry firearms without a permit, while cracking down on criminals who steal guns or possess them illegally. Senate Bill 2671, sponsored by Senate Republican Leader Jack Johnson (R-Franklin) and Senate Judiciary Committee Chairman Mike Bell (R-Riceville), allows permitless carry, except in restricted areas.  The legislation applies to law-abiding citizens in Tennessee who are at least 21 years old and who meet the eligibility requirements to receive a handgun permit under current law.

The proposal will not repeal Tennessee’s current permit system. A handgun permit will still be required for citizens to carry across state lines or in certain restricted areas.

Thirty-one states recognize the rights of citizens to carry a gun openly. If adopted, the legislation would make Tennessee the 17th state in the nation to pass a “constitutional carry” law.

The legislation also includes tougher penalties for firearm-related crime to promote public safety including:

• Increasing the penalty for theft of a firearm to a felony;

• Providing a sentencing enhancement for theft of a firearm in a car;

• Increasing the minimum sentence for theft of a firearm from 30 days to 180 days; and

• Increasing the sentences for unlawful possession of a firearm by violent felons and felony drug offenders, possession of a handgun by a felon, and unlawfully providing a handgun to a juvenile or allowing a juvenile to possess a handgun.

The legislation now moves to the Senate Finance, Ways, and Means Committee for approval.