Lewis County Herald - Serving Hohenwald, Lewis County Tennessee Since 1898

The House and Senate chambers concluded a third extraordinary session of the 112th General Assembly Oct. 30, passing a comprehensive legislative package aimed at restoring individual rights of Tennesseans by protecting against harmful federal mandates. For the 64th time in Tennessee’s 225 years of statehood, a number of issues related to the Covid-19 pandemic, including President Joe Biden’s unconstitutional plan to deny Americans their right to make personal health decisions for themselves by forcing millions of private-sector employees to get vaccinated or risk losing their jobs.

Passed are seven pieces of legislation, including one major comprehensive bill that restores the rights of Tennesseans. House Bill 9077 deals with vaccines, mask mandates, parents’ and workers’ rights and establishes health care standards of practice free from discrimination:

Vaccines: House Bill 9077 prohibits an individual, private business, government entity or school from mandating or compelling a person to show proof of a Covid-19 vaccine. The bill also prohibits a private business, government entity or school from taking any adverse action against a person for declining to show proof of a Covid-19 vaccine. The bill provides a cause of action for anyone injured by the Covid-19 vaccine as a result of an employer asking an employee to take it.

Mask mandates for the general public: House Bill 9077 sets strict standards for how and when a publicly-funded private business or local or state government entity declares a mask mandate for the general public. It allows for a mask mandate in severe conditions when the governor has declared a state of emergency for Covid-19 and the average 14-day infection rate is at least 1,000 new known infections for every 100,000 residents. If implemented, a mask mandate may not last more than 14 days unless severe conditions still exist.

Mask mandates in schools: The bill mirrors the same standards for severe conditions and infection rate for mask requirements as the general public. House Bill 9077 prohibits a public school or school board from requiring a student or person to wear a face mask on school property unless those certain severe conditions are met. A principal must submit a written request to the school’s governing body to adopt a policy requiring everyone on school property to wear a face covering. The mandate may not last more than 14 days. The school must provide N95 masks that filters at least 95 percent of airborne particles and must provide age-appropriate face coverings for children under 12.

Mature Minor Doctrine: Tennessee parents have voiced serious concerns over the Mature Minor Doctrine law, which currently permits health care providers to administer the Covid-19 vaccine to unemancipated minors without parental consent. House Bill 9077 ensures health care providers get written consent from a legal guardian before vaccinating a child against the Covid-19 virus.

Unemployment benefits: Current law establishes certain events may disqualify a person from receiving benefits under the Tennessee Employment Security Law, including leaving a job voluntarily without good cause related to their work. As amended, House Bill 9077 specifies that a person who was terminated or left their job because they failed or refused a Covid-19 vaccine is eligible for unemployment benefits.

Covid-19 Liability: Extends liability protections in the Tennessee Covid-19 Recovery Act to July 1, 2022. This provides protection to health care professionals and facilities, businesses, non-profits, religious organizations, public institutions of higher learning, individuals, and other legal entities from claims arising from Covid-19 unless there is clear and convincing evidence of gross negligence or willful misconduct. Heath care standards of practice:

• Quarantine - Establishes the commissioner of health as the sole authority to determine quarantine guidelines.

• Monoclonal Antibodies - No government agency may prioritize monoclonal antibodies to any group. Health care providers must exercise independent professional judgment when determining whether to recommend, prescribe, offer or administer monoclonal antibodies to any patient they believe needs it.

• End-of-life care – Hospitals may not restrict patients from having at least one close family member present during their stay as long as the family member tests negative for Covid-19 and is not exhibiting symptoms of the virus or other communicable disease. The amendment aims to prevent patients from dying alone.

The legislation now heads to Gov. Bill Lee’s desk for his signature before becoming law.

In an effort to create more informed voting and transparency in local school board races, House Bill 9072 allows the election of local school board members to be partisan. The legislation removes the prohibition for a person seeking a school board position to campaign as the nominee of a political party. Likewise, it authorizes political parties to nominate candidates for school board membership under the rules of the party and Tennessee primary election laws. Tennessee citizens already rely on party affiliation labels to guide their choices at the ballot box when they don’t know much about a candidate who may vote against their interests. This legislation gives voters more information while potentially increasing participation and strengthening local accountability. The bill now heads to the governor’s desk for his signature.

The General Assembly further passed legislation creating a pathway for the state attorney general to step in when a local district attorney general refuses to perform their sworn duty to enforce Tennessee’s laws. House Bill 9071 authorizes the state attorney general and reporter to petition the Tennessee Supreme Court to appoint a district attorney general pro tempore when a district attorney general refuses to prosecute charges of criminal offenses without regard to facts or circumstances. The legislation now heads to Gov. Bill Lee’s desk for his signature before becoming law.

Upon declaration of a pandemic, House Bill 9076 gives the governor exclusive declaration to direct all local health departments until the public health crisis has ended and the declaration for a state of emergency has expired. Currently, 89 of Tennessee’s 95 county health departments fall under the state’s authority. The state’s six independent county health boards include Davidson, Hamilton, Knox, Madison, Shelby and Sullivan. The legislation establishes uniform oversight over local boards of health in all of Tennessee’s 95 counties. The bill gives the Tennessee Department of Health Commissioner the power to set all rules and regulations. County mayors will nominate a health director in each county that will be appointed by the commissioner. The county health director will act in an advisory role to the county mayor. The legislation now heads to Gov. Bill Lee’s desk for his consideration.

House Bill 9073 authorizes banks in Tennessee holding public deposits to pledge cash as collateral for public deposits. The bill also lowers the pledge level to 90 percent for qualified public depositories meeting the Collateral Pool Board’s criteria for pledging at 100 percent. The purpose of these changes is to assist banks in meeting the collateral requirements for public deposits in light of the influx of federal Covid-19 relief funds. There are 93 qualified public depositories/collateral pool banks as of October 2021.

House Bill 9075 decreases the amount of time a state of emergency may continue under an executive order or proclamation issued by the governor from 60 days to 45 days. The legislation now heads to Gov. Bill Lee’s desk for his consideration.

House Joint Resolution 9005 which declares the Tennessee General Assembly condemns and will nullify any attempt by the federal government to penalize citizens of the Volunteer State in efforts to enforce unconstitutional Covid-19 vaccinations, mandates or other Covid-related restrictions. The resolution urges the state’s attorney general and reporter to initiate or intervene in one or more civil actions to seek appropriate relief in federal court regarding covid-19 mandates issued by the federal government, including the President of the United States.

As always, I am truly humbled and honored to be your voice on Capitol Hill. If there is ever any issue I can assist with, please reach out to my office by calling 615-741-2190 or emailing me at [email protected]