Weekly Wrap - February 21

Republican Lawmakers Move Forward with Pro-Military Legislation

House lawmakers moved forward this week with multiple pieces of legislation designed to help military members across the state.

One of those bills, set to be heard on the House floor next week, will allow the five soldiers killed in the Chattanooga terrorist attack that occurred in July to be eligible for the ‘Tennessee Fallen Heroes Medal’. Currently, the medal is awarded to honor residents of Tennessee killed while serving on active duty or engaged in military support operations involving a conflict with an opposing foreign force.

As introduced, this new legislation expands on this criteria to also allow the honor to be bestowed on those military men and women killed on Tennessee soil during an attack specifically targeting service members.

The medal is awarded solely by the Governor or the Governor's designee to the immediate survivor of the recipient.

A second piece of legislation, the National Guard Force Protection Act, enhances protection at Tennessee National Guard facilities and military installations. The bill follows hearings regarding the safety of military installations by the state’s top leaders.

To fund the bill, the governor’s budget includes $1.6 million for an emergency phone systems, window film, magnetic locks, security camera systems, privacy screens, and bollards to protect soldiers at state military installations.

The legislation is set to next be heard in the House Finance, Ways & Means Committee.

Helmet Bill to be Heard in Finance Committee on Tuesday

A bill that may exempt motorcyclists from the requirement that they wear a crash helmet will be heard in Finance Ways and Means Committee this week.  The proposed bill would allow riders 21 years and older not insured with TennCare, to ride without a helmet. Tennessee’s current law requires all motorcyclists to wear a helmet, regardless of age or experience of the rider.

HB0700 by *Reedy, *Goins, *Weaver, *Casada, *McDaniel, *Rogers, *DeBerry, *Ragan, *Keisling, *Brooks K, *Alexander, *Butt, *Hill T, *Windle, *Sexton C, *White D, *Todd, *Sanderson, *Matheny, *Holt, *Powers, *Sexton J, *VanHuss.

(SB0925 by *Roberts.)

Traffic Safety - As introduced, exempts drivers and passengers over 21 years of age from the requirement to wear a crash helmet while operating or riding in motorcycles, motor-driven cycles, and motorized bicycles, if the person is covered by health or medical insurance other than insurance through TennCare; makes a violation of the helmet law a secondary offense. - Amends TCA Section 55-9-302.

Summary for *HB0700

Lynn Guest on News Channel 5’s Open Line

This week I was very proud to defend the pro-life position on Open Line with Rep. Sherry Jones defending the pro-abortion side.  Please watch for yourself and provide some feedback.

Charitable Vehicle Prep Tag Moves Forward

The Charitable Vehicle Prep Tag bill moved forward this week passing the full committee and is headed to the House floor.   The bill will assist ministries that refurbish vehicles in order to give them away to needed individuals.

Under current law, a ministry accepts a donated vehicle and must purchase a license plate in order to drive it on the public roads to take it for repair and to test drive the vehicle.  Most often the ministry only has the car for a few weeks so the purchase of the license plate for each vehicle they refurbish can add up to quite an expense.

Enter the Charitable Vehicle Prep Tag – much like a prep tag for an auto dealer which allows the dealer to use the tag on any vehicle in inventory – this tag will allow ministries to use a single tag for any vehicle they are refurbishing for donation to a needy individual.  This bill will save ministries a great deal of money.

HJR529 in Support of Williamson County Lawsuit against Obergefell Decision Moves Forward

The General Assembly is speaking up to support the Williamson County lawsuit filed by former state Senator David Flower of the Family Action Counsel of Tennessee through the resolution I filed called HJR529.

David’s lawsuit will hopefully end same sex marriage in Tennessee.  The legislature does not have standing to sue to our resolution in support of this lawsuit is also a great effort to defend separation of powers and the doctrine of severability.  

When the SCOTUS stated that Tennessee's marriage law was invalid they next also declared that same sex couples can now marry.  But this action in reality violates separation of powers; the SCOTUS cannot make law by decree - that power is reserved for legislatures.  Under the doctrine of severability, if the court is going to strike part of a law it cannot change the meaning of the law into something that the legislature had never actually voted to enact.

However, that is exactly what the Court did in this case, and exactly why we, as lawmakers, need to support this lawsuit.  Imagine the implications for the future if we let this action go unchallenged and unsupported; we as legislators would be giving into the court and allowing them to make law.  The language of the amendment that re-writes the resolution is below.

Gallop Poll: 2/3rds of Tennesseans Support State Government.

According to a recent Gallop poll - roughly 2/3 of TN residents have confidence in our State government---some states did not fare so well!  Take a look.  Thank you to my friend Robert Springer for bringing this to my attention.

House Republicans Call for Creation Of Task Force Aimed At Improving Care For Stroke Patients In Tennessee; Work Towards Improving AED Training

House Republicans this week joined together in support of legislation that seeks to create a task force designed to study and implement stroke best practices and treatment guidelines for the state.

Once created, the task force will be made up of designated members from key stroke centers and hospitals around the state, as well as various other health professionals.

The task force, with the assistance of the Department of Health and the College of Public Health at East Tennessee State University, will be responsible for making recommendations to both the House and Senate Health Committees regarding improvements to the state’s treatment policies surrounding those who suffer from a stroke.

Strokes kill over 128,000 people each year in the U.S. It is the fifth highest cause of death in Tennessee and the leading cause of disability in the state. The goal of the legislation is to ensure the rapid identification, diagnosis, and treatment of strokes, and to help reduce the risk of preventable complications and stroke-related deaths throughout the state.

Supporters of the legislation believe the task force is a necessary addition to our state’s public health system, to insure the state is providing for the needs of families and individuals who are victims of a stroke.

Similarly, another piece of legislation has been filed with a similar goal in mind: helping to save lives across Tennessee.

Sudden cardiac arrest is one of America’s leading causes of death. For every minute a person goes without defibrillation during a cardiac episode, their chance of survival goes down 10 percent. According to studies, 50,000 lives can be saved annually by the availability and proper training of automated external defibrillators (AEDs).

Under new legislation sponsored this year, a requirement would be placed in state law for all public school personnel in the state who work in facilities that have one or more AEDs to have an annual training on how to use the machines along with information distributed informing personnel about the location of AEDs and the school’s response plan during an emergency.

In addition, the legislation calls for schools to also conduct an annual cardiopulmonary resuscitation (CPR) drill for school personnel to practice the use of these life saving measures. For students enrolled in CPR classes, training for the use of AEDs will also be provided.

Early voting closes Feb 23 Wilson County for the March 1 presidential preference primary.

Early voting closes on Feb. 23 in four locations in Wilson County.

Vote Monday through Friday, 8 a.m. - 6 p.m. and Saturdays, 8 a.m. - 1 p.m.

Voting locations;

 Wilson County Election Commission office at 203 E. Main St. in Lebanon.

Mt. Juliet Community Center at 1075 Charlie Daniels Pkwy. in Mt. Juliet.

Watertown Community Center at 8630 Sparta Pike in Watertown.

Gladeville Community Center at 95 McCreary Road in Gladeville.

Voting locations;
Wilson County Election Commission office at 203 E. Main St. in Lebanon.

Mt. Juliet Community Center at 1075 Charlie Daniels Pkwy. in Mt. Juliet.

Watertown Community Center at 8630 Sparta Pike in Watertown.

Gladeville Community Center at 95 McCreary Road in Gladeville.

 Voting locations;
Wilson County Election Commission office at 203 E. Main St. in Lebanon.

Mt. Juliet Community Center at 1075 Charlie Daniels Pkwy. in Mt. Juliet.

Watertown Community Center at 8630 Sparta Pike in Watertown.

Gladeville Community Center at 95 McCreary Road in Gladeville.

Republican Majority Continues Work On State Budget

Earlier this month, Governor Bill Haslam delivered his annual State of the State Address to a joint convention of the legislature this week, unveiling his budget for the 2016-2017 fiscal year.

Haslam addressed multiple issues during the State of the State, the most prominent of which include job recruitment and workforce development, a continued push to make government more efficient and effective, and major investments in both K-12 and higher education.

Among other key points in the Governor’s speech was a focus on a balanced budget, low taxes, fiscal responsibility, and the proposal of 261 million in new dollars for Tennessee public education, including $104.6 million for teacher salaries — the largest investment in K-12 education without a tax increase in state history.

Including the current fiscal year’s appropriation, Haslam’s proposal will invest more than 414 million in new dollars in Tennessee schools. Additionally, Haslam proposed funding the 12^th month of health insurance for teachers and doubling the state’s recurring contribution for technology needs at schools.

The Governor’s proposal also puts $100 million into the state’s Rainy Day Fund, bringing it to an estimated $668 million on June 30, 2017. Once passed, the plan will repay $130 million from the state’s general fund into the transportation fund to help with future road project needs.

Other notable budget investments are:

·        $24 million in state funds for the Employment and Community First (ECF) CHOICES program to allow the state to serve more people currently on the Department of Intellectual and Developmental Disabilities’ waiting list and others eligible for services;

·        $12.8 million for facilities and homeland security upgrades for the Military Department;

·        $10 million for the Department of Economic and Community Development’s Rural Development Initiative; and

·        $1.27 million to increase the number of drug recovery courts from 41 to 50 and for two additional veterans courts.

Rural Economic Opportunity Act Moves Forward In House Committee Process

Legislation spearheaded by House Republicans to spur economic development across the state moved forward this week in the House committee process.

Known as the ‘Rural Economic Opportunity Act of 2016’, the legislation has two main parts. First, the bill would implement a new program called ‘PREP’ or ‘Propelling Rural Economic Progress’. This innovative program would allow grants from the PREP fund to be used to help rural counties build sites and infrastructure to make their communities more attractive to prospective companies.

Second, the legislation would restructure the county tier system making it easier for businesses in rural counties to qualify for job tax credits. This, in turn, would make it easier for businesses in those counties to expand and hire new workers.

As the 2016 legislative session continues, House Republicans will continue working to increase economic development opportunities in the state.

Additional information regarding this legislation can be found on the General Assembly website at http://1.usa.gov/1TnY9AX.

Our Baby Ben

Two years ago today our grandson Benjamin was diagnosed with Type 1 diabetes at just 23 months. It's been a long road for our daughter and son-in-law; for all of us really as we learn to manage the disease.

One thing that is frustrating for our daughter is that so many do not know the difference between Type 1 and Type 2 diabetes. Type 1 is an autoimmune disease; there is nothing one does to contract it nor can it be avoided. If your body develops the antibodies, you will get the disease.

Several insulin injections a day are the life-long life support of the Type 1 coupled with many finger pricks to check blood sugar. Sugar hasn't given them diabetes it actually saves their life when they go low. Parents wake each night at 2 am for blood sugar checks.

This disease is very expensive but thank God we have our Benny. Without insulin every Type 1 diabetic would have drifted off into severe illness and departed us.

Seeing him laugh and smile today with us and his sisters, he is so full of love and sweetness, I just want to forget how gravely ill he was 2 years ago.

Today we celebrate Benny's life. We're so thankful to our heavenly Father for this beautiful and wonderful little boy, nearly 4 years old now.

Weekly Wrap - February 15, 2016

House Republicans Back Historic Increase in Teacher Pay; Introduce Legislation to Reward Hard Work And Dedication Of Tennessee Teachers

Last week, Governor Bill Haslam delivered his annual State of the State Address to a joint convention of the legislature, unveiling his budget for the 2016-2017 fiscal year with major proposed investments in both K-12 and higher education.

Since Republicans became the majority party in 2011, the state’s education system has experienced dramatic improvements — student test scores now lead the nation in growth, Tennessee has the fastest growing graduation rate of any state, students have experienced consistent gains on TCAP every year, and the ACT statewide average has increased to 19.4.

Along with $261 million in new spending proposed for K-12 investments — including $104.6 million for increasing teacher pay — additional bills include allowing every full-time certified public school teacher in Tennessee to receive a 25 percent discount on tuition to any state-operated institution of higher education, and legislation awarding teachers across the state with a $5,000 bonus if they receive performance evaluations reflecting “above expectations” or “significantly above expectations” in at least four years during any five year period.

Major investments to aid the Drive to 55 initiative, the state’s effort to increase the number of Tennesseans with a postsecondary credential to 55 percent by 2025. These investments include $50 million for the Complete College funding formula for higher education, $20 million for the Drive to 55 Capacity Fund to help community and technical colleges meet the growing demand for degrees and certificates, and $10 million for the Labor Education Alignment Program (LEAP) helping communities align degree and course offerings with the needs of the local workforce.

The 2016-2017 budget also invests $581.6 million to build new buildings and fix existing higher education facilities. This includes the top recommended capital projects for both the University of Tennessee (UT) system and the Tennessee Board of Regents (TBR):

 

• $85.5 million for a new Tennessee Tech University laboratory science building;
• $39 million for a new dentistry building at the UT Health Science Center in Memphis;
• $38.8 million for Tennessee State University’s new health science building; and
• $36 million for renovations to UT-Chattanooga academic buildings.

 

Early Voting For Tennessee Presidential Preference Primary Begins

Early voting is open in Wilson County for the March 1 presidential preference primary.

Because of unpredictable weather this time of year, early voting often becomes an important option for many.  Six other southern states will join Tennessee to help decide who will become the next president of the United States.

Whether voting early or on Election Day remember to bring valid photo identification such as a driver’s license or photo ID issued by the Tennessee Department of Safety and Homeland Security as well as photo IDs issued by Tennessee state government or the federal government are acceptable even if they are expired.  College student ID cards are not accepted.

Vote Monday through Friday, 8 a.m. - 6 p.m. and Saturdays, 8 a.m. - 1 p.m.

Early voting closes on Feb. 23 in four locations in Wilson County.

Voting Locations;

Wilson County Election Commission office at 203 E. Main St. in Lebanon.

Mt. Juliet Community Center at 1075 Charlie Daniels Pkwy. in Mt. Juliet.

Watertown Community Center at 8630 Sparta Pike in Watertown.

Gladeville Community Center at 95 McCreary Road in Gladeville.

  

Charitable Vehicle Prep Tag

People often ask me from where does legislation derive – the truth is it can originate from any number of places; the Governor, a legislator’s own idea, a public policy organization or a lobbyist but I feel the best legislation is born from the people in the district I represent. 

The Charitable Vehicle Prep Tag bill is an act to help ministries that refurbish donated vehicles in order to give them away to people in need.  Under current law, a ministry accepts a donated vehicle and must purchase a license plate in order to drive it on the public roads to take it for repair and to test drive the vehicle.  Most often the ministry only has the car for a few weeks so the purchase of the license plate for each vehicle they refurbish can add up to quite an expense.

Enter the Charitable Vehicle Prep Tag – much like a prep tag for an auto dealer which allows the dealer to use the tag on any vehicle in inventory – this tag will allow ministries to use a single tag for any vehicle they are refurbishing for donation to a needy individual.  This bill will save ministries a great deal of money.

The best part of this bill is the story behind how it came about.  About six weeks ago, just two days before the bill filing deadline, I met Butch O’Neal at Courtney’s Restaurant in Mt. Juliet– he was having dinner with the other members of Gladeville Baptist Church’s vehicle ministry.  I almost didn’t make it to the meeting that night because of a meeting I was in at the legislature which ran later than I’d expected.  I hurried back to Mt. Juliet in order to attend the Mt. Juliet Republican Woman’s meeting at Courtney’s.  The ladies’ once a month meeting usually meets in the smaller room on the side but due to the extremely cold weather that night – management asked the ladies if they wouldn’t be more comfortable in the larger meeting room.  They accepted, so that happened to place the ladies in the same room as the Gladeville ministry’s dinner. Norma Otto introduced me to the group and that is when I learned of this expense and we discussed creating a prep tag much like auto dealers use.  Just imagine all of the events that had to coincide for Butch and I to meet that night for this bill to be possible.  However, what is truly amazing is that this was an annual dinner for the ministry - they only meet for this dinner once a year. 

That really gives me a thrill!

HJR529 State Sovereignty Resolution

HJR 529 is a Resolution that I originally wrote in 2009 to assert and defend Tennessee’s state sovereignty to the Federal government.  I was very proud that it passed the House by a vote of 91 to 1. 

This vote truly reflected the sentiment that no matter the party – we state legislators are all very frustrated by the Federal government’s over reach – affecting the freedoms of citizens and the sovereignty of state legislatures. 

This Resolution is as relevant today as it was in 2009 - we need our constituents to understand how deeply frustrated we are as state legislators with the federal government.

Please click to see votes for HJR108 (106 General Assembly).  Click here to see my original blog post for HJR108. 

I hope to receive the same number of votes or better this year. 

HJR529 In Support of Williamson County Lawsuit against Obergefell Decision

The General Assembly is speaking up to support the Williamson County lawsuit filed by former state Senator David Flower of the Family Action Counsel of Tennessee through the resolution I filed called HJR529. 

David’s lawsuit will hopefully end same sex marriage in Tennessee.  The legislature does not have standing to sue to our resolution in support of this lawsuit is also a great effort to defend separation of powers and the doctrine of severability.  

When the SCOTUS stated that Tennessee's marriage law was invalid they next also declared that same sex couples can now marry.  But this action in reality violates separation of powers; the SCOTUS cannot make law by decree - that power is reserved for legislatures.  Under the doctrine of severability, if the court is going to strike part of a law it cannot change the meaning of the law into something that the legislature had never actually voted to enact. 

However, that is exactly what the Court did in this case, and exactly why we, as lawmakers, need to support this lawsuit.  Imagine the implications for the future if we let this action go unchallenged and unsupported; we as legislators would be giving into the court and allowing them to make law.  The language of the amendment that re-writes the resolution is below.

Resolution Commending Certain Tennessee Citizens for their defense of the Constitution

Whereas, on June 26, 2015, the United States Supreme Court, by a five to four decision in Obergefell v. Hodges, 576 U.S. ___ (No. 14-556, 2015 WL 2473451 (June 26, 2015)), said “state laws … are … held invalid to the extent they exclude same-sex couples from civil marriage on the same terms and conditions as opposite-sex couples”,

Whereas, the express statutory requirement in TENN. CODE ANN. § 36-3-104(a) that the applicants for a marriage license be a “male and female” and that there be a valid license “before” a marriage can be solemnized would appear to “exclude same-sex couples from civil marriage on the same terms and conditions as opposite-sex couples”,

Whereas, as to the constitutional appropriateness of simply deleting the words “male and female” from TENN. CODE ANN. 36-3-104(a), the Tennessee Supreme Court, in State of Tennessee v. Crank, No. E2012-01189-SC-R11-CD, filed February 13, 2015, said even the “legislative endorsement of elision ‘does not automatically make it applicable to every situation; however, when a conclusion can be reached that the legislature would have enacted the act in question with the unconstitutional portion omitted, then elision of the unconstitutional portion is appropriate.’ (internal citations omitted),”

Whereas, given the history of the marriage laws of Tennessee, this General Assembly, some members of which voted for TENN CODE ANN. § 36-3-104(a), believe that TENN. CODE ANN. 36-3-104(a) would never have been enacted had the words “male and female” been deleted so as to allow two people of the same sex to marry,

Whereas, the majority in Obergefell ordered the state to issue marriage licenses notwithstanding its holding that state marriage license laws that “exclude same-sex couples from civil marriage” are “invalid,

Whereas, this particular aspect of its ruling raises the broader and even more important constitutional issue of which branch of government in our constitutional republic can enact or amend state laws,

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE ONE HUNDRED NINTH GENERAL ASSEMBLY OF THE STATE OF TENNESSEE, THE SENATE CONCURRING, that this body expresses its strong disagreement with the constitutional overreach in Obergefell v. Hodges that, in violation of the constitutional and judicially recognized principles of federalism and separation of powers, allows federal courts to order or direct a state legislative body to affirmatively amend or replace a state statute

BE IT FURTHER RESOLVED, this body concurs in the opinion of Chief Justice John Roberts, who in his dissent in Obergefell v. Hodges, said, “the Court’s accumulation of power does not occur in a vacuum. It comes at the expense of the people. And they know it,” and acknowledges the reminder of Justice Antonin Scalia in his dissenting opinion in Obergefell v. Hodges that “With each decision of ours that takes from the People a question properly left to them—with each decision that is unabashedly based not on law, but on the “reasoned judgment” of a bare majority of this Court—we move one step closer to being reminded of our impotence.

State RFP Website

The state's website for Requests for Proposals is available to anyone to view RFP's being sought by the state.

CLICK BELOW TO VISIT

https://www.tn.gov/generalservices/article/request-for-proposals-rfp-opportunities

Past Issues of the Wrap

Weekly Wrap - January 24, 2016

Weekly Wrap - January 31, 2016

Weekly Wrap - February 7, 2016

HJR529 In Support of Williamson County Lawsuit against Obergefell Decision

The General Assembly is speaking up to support the Williamson County lawsuit filed by former state Senator David Flower of the Family Action Counsel of Tennessee through the resolution I filed called HJR529. 

David’s lawsuit will hopefully end same sex marriage in Tennessee.  The legislature does not have standing to sue to our resolution in support of this lawsuit is also a great effort to defend separation of powers and the doctrine of severability.  

When the SCOTUS stated that Tennessee's marriage law was invalid they next also declared that same sex couples can now marry.  But this action in reality violates separation of powers; the SCOTUS cannot make law by decree - that power is reserved for legislatures.  Under the doctrine of severability, if the court is going to strike part of a law it cannot change the meaning of the law into something that the legislature had never actually voted to enact.

However, that is exactly what the Court did in this case, and exactly why we, as lawmakers, need to support this lawsuit.  Imagine the implications for the future if we let this action go unchallenged and unsupported; we as legislators would be giving into the court and allowing them to make law.  The language of the amendment that re-writes the resolution is below.

HJR529 - Resolution Commending Certain Tennessee Citizens for their defense of the Constitution

Whereas, on June 26, 2015, the United States Supreme Court, by a five to four decision in Obergefell v. Hodges, 576 U.S. ___ (No. 14-556, 2015 WL 2473451 (June 26, 2015)), said “state laws … are … held invalid to the extent they exclude same-sex couples from civil marriage on the same terms and conditions as opposite-sex couples”,

Whereas, the express statutory requirement in TENN. CODE ANN. § 36-3-104(a) that the applicants for a marriage license be a “male and female” and that there be a valid license “before” a marriage can be solemnized would appear to “exclude same-sex couples from civil marriage on the same terms and conditions as opposite-sex couples”,

Whereas, as to the constitutional appropriateness of simply deleting the words “male and female” from TENN. CODE ANN. 36-3-104(a), the Tennessee Supreme Court, in State of Tennessee v. Crank, No. E2012-01189-SC-R11-CD, filed February 13, 2015, said even the “legislative endorsement of elision ‘does not automatically make it applicable to every situation; however, when a conclusion can be reached that the legislature would have enacted the act in question with the unconstitutional portion omitted, then elision of the unconstitutional portion is appropriate.’ (internal citations omitted),”

Whereas, given the history of the marriage laws of Tennessee, this General Assembly, some members of which voted for TENN CODE ANN. § 36-3-104(a), believe that TENN. CODE ANN. 36-3-104(a) would never have been enacted had the words “male and female” been deleted so as to allow two people of the same sex to marry,

Whereas, the majority in Obergefell ordered the state to issue marriage licenses notwithstanding its holding that state marriage license laws that “exclude same-sex couples from civil marriage” are “invalid,

Whereas, this particular aspect of its ruling raises the broader and even more important constitutional issue of which branch of government in our constitutional republic can enact or amend state laws,

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE ONE HUNDRED NINTH GENERAL ASSEMBLY OF THE STATE OF TENNESSEE, THE SENATE CONCURRING, that this body expresses its strong disagreement with the constitutional overreach in Obergefell v. Hodges that, in violation of the constitutional and judicially recognized principles of federalism and separation of powers, allows federal courts to order or direct a state legislative body to affirmatively amend or replace a state statute

BE IT FURTHER RESOLVED, this body concurs in the opinion of Chief Justice John Roberts, who in his dissent in Obergefell v. Hodges, said, “the Court’s accumulation of power does not occur in a vacuum. It comes at the expense of the people. And they know it,” and acknowledges the reminder of Justice Antonin Scalia in his dissenting opinion in Obergefell v. Hodges that “With each decision of ours that takes from the People a question properly left to them—with each decision that is unabashedly based not on law, but on the “reasoned judgment” of a bare majority of this Court—we move one step closer to being reminded of our impotence.

HJR 528 State Sovereignty Resolution

HJR 529 is a Resolution that I originally wrote in 2009 to assert and defend Tennessee’s state sovereignty to the Federal government.  I was very proud that it passed the House by a vote of 91 to 1. 

This vote truly reflected the sentiment that no matter the party – we state legislators are all very frustrated by the Federal government’s over reach – affecting the freedoms of citizens and the sovereignty of state legislatures. 

This Resolution is as relevant today as it was in 2009 - we need our constituents to understand how deeply frustrated we are as state legislators with the federal government.

Please click to see votes for HJR108 (106 General Assembly).  Click here to see my original blog post for HJR108. 

I hope to receive the same number of votes or better this year. 

Charitable Vehicle Prep Tag Legislation

The Charitable Vehicle Prep Tag bill is an act I wrote to help ministries that refurbish donated vehicles in order to give them away to people in need.  Under current law, a ministry accepts a donated vehicle and must purchase a license plate in order to drive it on the public roads to take it for repair and to test drive the vehicle.  Most often the ministry only has the car for a few weeks so the purchase of the license plate for each vehicle they refurbish can add up to quite an expense.

Enter the Charitable Vehicle Prep Tag – much like a prep tag for an auto dealer which allows the dealer to use the tag on any vehicle in inventory – this tag will allow ministries to use a single tag for any vehicle they are refurbishing for donation to a needy individual.  This bill will save ministries a great deal of money.

People often ask me from where does legislation derive – the truth is it can originate from any number of places; the Governor, a legislator’s own idea, a public policy organization or a lobbyist but I feel the best legislation is born from the people in the district I represent. 

The best part of this bill is the story behind how it came about.  About six weeks ago, just two days before the bill filing deadline, I met Butch O’Neal at Courtney’s Restaurant in Mt. Juliet– he was having dinner with the other members of Gladeville Baptist Church’s vehicle ministry.  I almost didn’t make it to the meeting that night because of a meeting I was in at the legislature which ran later than I’d expected.  I hurried back to Mt. Juliet in order to attend the Mt. Juliet Republican Woman’s meeting at Courtney’s.  The ladies’ once a month meeting usually meets in the smaller room on the side but due to the extremely cold weather that night – management asked the ladies if they wouldn’t be more comfortable in the larger meeting room.  They accepted, so that happened to place the ladies in the same room as the Gladeville ministry’s dinner. Norma Otto introduced me to the group and that is when I learned of this expense and we discussed creating a prep tag much like auto dealers use. 

Just imagine all of the events that had to coincide for Butch and I to meet that night for this bill to be possible this year.  However, what is truly amazing is that this was an annual dinner for the ministry - they only meet for this dinner once a year. 

That really gives me a thrill!

Republicans Back Historic Increase in Teacher Pay

House Republicans Back Historic Increase in Teacher Pay; Legislation to Reward Hard Work And Dedication Of Tennessee Teachers

Last week, Governor Bill Haslam delivered his annual State of the State Address to a joint convention of the legislature, unveiling his budget for the 2016-2017 fiscal year with major proposed investments in both K-12 and higher education.

Since Republicans became the majority party in 2011, the state’s education system has experienced dramatic improvements — student test scores now lead the nation in growth, Tennessee has the fastest growing graduation rate of any state, students have experienced consistent gains on TCAP every year, and the ACT statewide average has increased to 19.4.

Along with $261 million in new spending proposed for K-12 investments — including $104.6 million for increasing teacher pay — additional bills include allowing every full-time certified public school teacher in Tennessee to receive a 25 percent discount on tuition to any state-operated institution of higher education, and legislation awarding teachers across the state with a $5,000 bonus if they receive performance evaluations reflecting “above expectations” or “significantly above expectations” in at least four years during any five year period.

Major investments to aid the Drive to 55 initiative, the state’s effort to increase the number of Tennesseans with a postsecondary credential to 55 percent by 2025. These investments include $50 million for the Complete College funding formula for higher education, $20 million for the Drive to 55 Capacity Fund to help community and technical colleges meet the growing demand for degrees and certificates, and $10 million for the Labor Education Alignment Program (LEAP) helping communities align degree and course offerings with the needs of the local workforce.

The 2016-2017 budget also invests $581.6 million to build new buildings and fix existing higher education facilities. This includes the top recommended capital projects for both the University of Tennessee (UT) system and the Tennessee Board of Regents (TBR):

• $85.5 million for a new Tennessee Tech University laboratory science building;
• $39 million for a new dentistry building at the UT Health Science Center in Memphis;
• $38.8 million for Tennessee State University’s new health science building; and
• $36 million for renovations to UT-Chattanooga academic buildings.

State RFP Website

The state's website for Requests for Proposals is available to anyone to view RFP's being sought by the state.

CLICK BELOW TO VISIT

https://www.tn.gov/generalservices/article/request-for-proposals-rfp-opportunities

Early Voting Presidential Preference Primary

Early voting is open in Wilson County for the March 1 presidential preference primary.

Because of unpredictable weather this time of year, early voting often becomes an important option for many.  Six other southern states will join Tennessee to help decide who will become the next president of the United States.

Whether voting early or on Election Day remember to bring valid photo identification such as a driver’s license or photo ID issued by the Tennessee Department of Safety and Homeland Security as well as photo IDs issued by Tennessee state government or the federal government are acceptable even if they are expired.  College student ID cards are not accepted.

Vote Monday through Friday, 8 a.m. - 6 p.m. and Saturdays, 8 a.m. - 1 p.m.
Early voting closes on Feb. 23 in four locations in Wilson County.

Voting Locations;
Wilson County Election Commission office at 203 E. Main St. in Lebanon.
Mt. Juliet Community Center at 1075 Charlie Daniels Pkwy. in Mt. Juliet.
Watertown Community Center at 8630 Sparta Pike in Watertown.
Gladeville Community Center at 95 McCreary Road in Gladeville.

Resolution Commending Certain Tennessee Citizens for their defense of the Constitution

Whereas, on June 26, 2015, the United States Supreme Court, by a five to four decision in Obergefell v. Hodges, 576 U.S. ___ (No. 14-556, 2015 WL 2473451 (June 26, 2015)), said “state laws … are … held invalid to the extent they exclude same-sex couples from civil marriage on the same terms and conditions as opposite-sex couples”,

Whereas, the express statutory requirement in TENN. CODE ANN. § 36-3-104(a) that the applicants for a marriage license be a “male and female” and that there be a valid license “before” a marriage can be solemnized would appear to “exclude same-sex couples from civil marriage on the same terms and conditions as opposite-sex couples”,

Whereas, as to the constitutional appropriateness of simply deleting the words “male and female” from TENN. CODE ANN. 36-3-104(a), the Tennessee Supreme Court, in State of Tennessee v. Crank, No. E2012-01189-SC-R11-CD, filed February 13, 2015, said even the “legislative endorsement of elision ‘does not automatically make it applicable to every situation; however, when a conclusion can be reached that the legislature would have enacted the act in question with the unconstitutional portion omitted, then elision of the unconstitutional portion is appropriate.’ (internal citations omitted),”

Whereas, given the history of the marriage laws of Tennessee, this General Assembly, some members of which voted for TENN CODE ANN. § 36-3-104(a), believe that TENN. CODE ANN. 36-3-104(a) would never have been enacted had the words “male and female” been deleted so as to allow two people of the same sex to marry,

Whereas, the majority in Obergefell ordered the state to issue marriage licenses notwithstanding its holding that state marriage license laws that “exclude same-sex couples from civil marriage” are “invalid,

Whereas, this particular aspect of its ruling raises the broader and even more important constitutional issue of which branch of government in our constitutional republic can enact or amend state laws,

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE ONE HUNDRED NINTH GENERAL ASSEMBLY OF THE STATE OF TENNESSEE, THE SENATE CONCURRING, that this body expresses its strong disagreement with the constitutional overreach in Obergefell v. Hodges that, in violation of the constitutional and judicially recognized principles of federalism and separation of powers, allows federal courts to order or direct a state legislative body to affirmatively amend or replace a state statute

BE IT FURTHER RESOLVED, this body concurs in the opinion of Chief Justice John Roberts, who in his dissent in Obergefell v. Hodges, said, “the Court’s accumulation of power does not occur in a vacuum. It comes at the expense of the people. And they know it,” and acknowledges the reminder of Justice Antonin Scalia in his dissenting opinion in Obergefell v. Hodges that “With each decision of ours that takes from the People a question properly left to them—with each decision that is unabashedly based not on law, but on the “reasoned judgment” of a bare majority of this Court—we move one step closer to being reminded of our impotence.

Weekly Wrap February 7, 2016

General Assembly Hears State Of The State Address

Governor unveils budget proposal; Makes largest K-12 education investment without a tax increase in state history

Governor Bill Haslam delivered his annual State of the State Address to a joint convention of the legislature this week, unveiling his budget for the 2016-2017 fiscal year. Haslam addressed multiple issues during the State of the State, the most prominent of which include job recruitment and workforce development, a continued push to make government more efficient and effective, and major investments in both K-12 and higher education.

Among the key points in the Governor’s speech was a focus on a balanced budget, low taxes, fiscal responsibility, and the proposal of 261 million in new dollars for Tennessee public education, including $104.6 million for teacher salaries — the largest investment in K-12 education without a tax increase in state history.

As Washington, D.C. and other states are mired in partisan gridlock, the Governor emphasized that Tennessee has made responsible decisions that will continue to ensure the state is positioned to be a top leader in the country on jobs.

Haslam’s $34.8 billion balanced budget proposal builds up state reserves, puts Tennessee on the path to catch up on long-deferred maintenance of buildings, reinvests in the state workforce, and focuses one-time dollars on reducing the state’s ongoing costs.

Including the current fiscal year’s appropriation, state government will invest more than 414 million in new dollars in Tennessee schools. Additionally, Haslam proposed funding the 12^th month of health insurance for teachers and doubling the state’s recurring contribution for technology needs at schools.

The governor’s proposal puts $100 million into the state’s Rainy Day Fund, bringing it to an estimated $668 million on June 30, 2017, $60 million for salary increases for state employees, and another $36 million for market rate adjustments for state employees making less than $50,000 annually.

Haslam proposed significant investments in higher education and the Drive to 55 initiative, the state’s effort to increase the number of Tennesseans with a postsecondary credential to 55 percent by 2025, including:

• $50 million for the Complete College funding formula for higher education;
• $20 million for the Drive to 55 Capacity Fund to help community and technical colleges meet the growing demand for degrees and certificates; and
• $10 million for the Labor Education Alignment Program (LEAP) helping communities align degree and course offerings with the needs of the local workforce.

The proposal invests $581.6 million in state and other funds to build new buildings and fix existing higher education and general state government facilities. This includes the top recommended capital projects for both the University of Tennessee (UT) system and the Tennessee Board of Regents (TBR):

• $85.5 million for a new Tennessee Tech University laboratory science building;
• $39 million for a new dentistry building at the UT Health Science Center in Memphis;
• $38.8 million for Tennessee State University’s new health science building; and
• $36 million for renovations to UT-Chattanooga academic buildings.

Other notable budget investments are:

• $130 million from the General Fund to repay the Highway Fund;
• $24 million in state funds for the Employment and Community First (ECF) CHOICES program to allow the state to serve more people currently on the Department of Intellectual and Developmental Disabilities’ waiting list and others eligible for services;
• $12.8 million for facilities and homeland security upgrades for the Military Department;
• $10 million for the Department of Economic and Community Development’s Rural Development Initiative; and
• $1.27 million to increase the number of drug recovery courts from 41 to 50 and for two additional veterans courts.

The complete text of the governor’s speech, an archived video and budget documents will be available at http://tn.gov/governor/topic/state-of-the-state.

RESTROOM BILL

I have filed a bill to ensure that students use the restroom that is assigned to the sex on their birth certificate. I initially received quite a few hostile phone calls and emails from transgender activists but perhaps they realized that we are on firm legal ground as courts have recognized a constitutional right to privacy that includes a right not to be compelled by the Government to undress or be unclothed in the presence of members of the opposite sex... please read the bill by clicking above.

AMICUS BRIEF FILED

Amicus Brief has been submitted to the Court - I have joined with Americans United for Life in Defending Health and Safety Standards for Women vulnerable to abortion industry abuses.  It is very important for us to submit this amicus brief because the laws we passed in Tennessee as a result of Amendment 1 could be overturned should the plaintiffs win this case.  Please read more by clicking above.

ARTICLE V CONVENTION PASSES HOUSE AND SENATE

In 1797, one of our Founding Fathers, George Mason, realized that a path to proposing amendments had been put into the Constitution for Congress, but there was no a path for state governments to propose amendments. The Founding Fathers wisely understood that there might come a time when the federal government would not restrain itself. Therefore they unanimously voted for Article V to include the language that allows states to amend the Constitution.

Article V requires that 34 states make the identical call, and that for any amendment to be added to the Constitution, it would take 38 states to ratify. The call is to consider and propose amendments to THIS Constitution; it is not to write a NEW Constitution.  The passage in 38 states is an extremely hard threshold for any amendment to be ratified, and with good reason.  The SJR0067 that Tennessee passed is a very limited call to consider only three things:

1)     Federal fiscal responsibility

2)     Limit scope and power of federal government

3)     Consider term limits for federal officials

This call has passed in 4 other states with Tennessee being the 5^th. It is in over 30 State Houses this year.

Faithful Delegate

We also already have legislation passed in Tennessee that would make it a felony for our delegates to vote on anything outside what is in our call. We have also made sure that we would have alternate delegates. Historically, states have one vote for each state.

Governor’s Voucher Vote on Monday Night

Tonight, February 7, 2016 is the final floor vote on school vouchers for underprivileged students in failing schools.  The bill will in no way impact Wilson County.  Please read my article here.

Weekly Wrap January 31, 2016

Tennessee Legislature Kicks Off Second Half Of 109^th General Assembly

The Second Regular Session of the 109^th General Assembly kicked on January 12th in Nashville. 
We will face many issues again this year - so please email or call me with your concerns.

NATURAL MARRIAGE ACT
Last week a very hot topic of concern was the Liberty Counsel's Natural Marriage Act in the House Civil Justice Committee sponsored by Rep. Pody.

Please watch the video on the link above - the debate is gripping.  Republican Rep. Carter explains should a lawsuit be filed to challenge the imposition of gay marriage in Tennessee, passing the Natural Marriage Act would render the lawsuit moot - because should the TN law change, the current law would no longer exist.

LAWSUIT FILED IN WILLIAM COUNTY COURT - LEGISLATURE SUPPORTS
A Williamson County lawsuit that asks the court for a declaratory judgment on whether the U.S. Supreme Court invalidated all of Tennessee’s marriage licensure law with the Obergefell decision in June of last year.  Rep. Susan Lynn has fled a resolution to support the citizens.

The plaintiffs contend that the SCOTUS' decision clearly said that Tennessee’s marriage licensure law was invalid and also that Tennessee must now marry same sex couples.  However the plaintiffs contend that a law cannot be both invalid and valid at the same time.  The court cannot decide that Tennessee’s marriage licensure law is invalid because it mandates that marriage is between a man and a woman – therefore striking that provision – and then go on to decree that what this now means is that Tennessee must from hence forth marry same sex couples.  Doing so violates the doctrine of severability (elision in state court).

To violate severability or elision means that a court cannot strike one part of the law if it would give a new meaning to the law that the legislature never intended for the law to have.  In such a case, the court must strike the entire law leaving the legislature free to either reenact the law without the unconstitutional provision or choose not to act at all.
Tennessean article on lawsuit.

NEWLY PROPOSED STATE EDUCATION STANDARDS
Please review and comment on the newly proposed math and English / language arts state education standards.  These new standards were created pursuant to Public Chapter 423 which repealed the Common Core standards and directed the state Board of Education to create new math and ELA standards for grades K-12.  A video is also available on the link in this title.

PROPOSED MATH STANDARDS
PROPOSED ENGLISH / LANGUAGE ARTS STANDARDS

THE SANCTITY OF HUMAN LIFE IN FURTHER JEOPARDY BY THE COURTS
Two lawsuits are challenging Amendment 1 and another is challenging our new clinic licensure law, facility inspection, hospital admitting privileges for abortion providers and informed consent provisions for women and girls considering abortion.

Further, a Texas lawsuit is challenging Texas abortion regulations. If successful, the Texas lawsuit could impact Tennessee's abortion laws. I have become a part of the defense of the Texas lawsuit by signing my name to an Americans United for Life amicus brief in support of keeping Texas abortion regulations.

BILL TO REPEAL THE RETAIL ACCOUNTABILITY PROGRAM FILED
The Retail Accountability Program was created in 2012 and expanded in 2015.  The Act mandates wholesalers and retailers of beer and tobacco to electronically report all of their sales and purchase transactions between each other to the Department of Revenue. The 2015 expansion now includes ALL Tennessee businesses selling other categories of tangible personal property.  This means that the Department of Revenue can force any wholesaler and any retailer to report their sales and purchase transactions between each other to the department.  An extraordinary over reach of government equipped with fines if the report is not submitted!

I was not in the General Assembly in 2012 or else I would have sounded the alarm on this unprecedented bill which virtually allows a revenue agent a seat inside each business on a daily basis.  I was one of only 4 House members to vote no last year.  Hopefully this will be repealed.

REP LYNN NAMED TOP CONSERVATIVE IN TENNESSEE
The American Conservative Union, the nation’s oldest and largest grassroots conservative organization, announced this week that Rep. Susan Lynn has been awarded the coveted ACU Award For Conservative Excellence for being among the top conservatives in the State of Tennessee.
“I’ve always fought for conservative values, and I have done so since first elected.” says Lynn. “I’m truly honored to have this award and recognition.”

The award, which is presented to those members of the Tennessee General Assembly who scored between 90 and 100 percent on the ACU State Legislative Rating scorecard, is the organization’s highest and most revered honor available to lawmakers.  Lynn's score for 2015 was 100%.  All ratings can be found at acuratings.conservative.org.

REP LYNN'S LEGISLATIVE AGENDA

Tickets, Admission Enacts the "Fans Anti-Counterfeit Ticket (FACT) Act"

Motor Vehicles Enacts the "Charitable Vehicle Prep Tag.

Children Permits a parent of a newborn to opt out of a antibiotic ointment at birth.

Dept. of Health Requires a report from the commissioner of health if the commissioner accessed to Tennessean's medical records.

Students Requires students to use restrooms and locker rooms that are assigned sex shown on the students' birth certificate.

Refugee Resettlement Requires the Tennessee office for refugees to notify the state of any refugee resettled in this state who has lived in a country that is a state sponsor of terrorism.

Workers' Compensation Revises various workers' compensation and drug-free workplace provisions.

911 Boards Requires removal of members for failure to attend at least 50 percent of all regularly scheduled board meetings.

Local Government Authorizes local governments to prepare biennial budgets.

Local Government Increases number of members on some boards of zoning appeals.

Fire Prevention Prohibits certain flame retardants in children's products and residential upholstered furniture.

Textbooks Revised curriculum in textbooks and instructional materials regarding founding documents.

Abortion Revises provisions governing fetal tissue obtained as a result of a medical or surgical abortion.

Fluoride Revises reports due from utility districts.

State Sovereignty Urges Congress to recognize Tennessee's sovereignty under the 10th amendment to the Constitution.

General Assembly Statement Expresses disagreement with the U.S. Supreme Court's decision in Obergefell v. Hodges.

GOVERNORS LEGISLATIVE AGENDA
A total of 42 bills have been filed on behalf of the administration, but the above pieces of legislation represent the governor’s priorities;
Fetal Remains Act - Addressing concerns regarding the selling of fetal remains.
Efficiency in Handgun Permit Process - Improving the process and lowering the fee.
FOCUS Act - Organizing, supporting and empowering public colleges.
Higher Education Authorization Act - Drive to 55 and for-profit higher education.
Public Safety Act of 2016 - Governor’s Task Force on Sentencing and Recidivism.


As always, please call or email me if I can help you: 615-596-2363.

Article V Convention Passes House and Senate

In 1797, one of our Founding Fathers, George Mason, realized that a path to proposing amendments had been put into the Constitution for Congress, but there was no a path for state governments to propose amendments. The Founding Fathers wisely understood that there might come a time when the federal government would not restrain itself. Therefore they unanimously voted for Article V to include the language that allows states to amend the Constitution.

Article V requires that 34 states make the identical call, and that for any amendment to be added to the Constitution, it would take 38 states to ratify. The call is to consider and propose amendments to THIS Constitution; it is not to write a NEW Constitution.  The passage in 38 states is an extremely hard threshold for any amendment to be ratified, and with good reason.  The SJR0067 that Tennessee passed is a very limited call to consider only three things:

1)     Federal fiscal responsibility

2)     Limit scope and power of federal government

3)     Consider term limits for federal officials

This call has passed in 4 other states with Tennessee being the 5^th. It is in over 30 State Houses this year.

Faithful Delegate

We also already have legislation passed in Tennessee that would make it a felony for our delegates to vote on anything outside what is in our call. We have also made sure that we would have alternate delegates. Historically, states have one vote for each state.

Restroom Bill

SENATE BILL 2387

                                                                                                                 By Bell

HOUSE BILL 2414

By Lynn

AN ACT to amend Tennessee Code Annotated, Title 49,

relative to student restrooms and locker rooms.

            WHEREAS, courts have recognized a constitutional right to privacy that includes a right not to be compelled by the Government to undress or be unclothed in the presence of members of the opposite sex.  See, e.g. Cumby v. Meachum, 684 F.2d 712 (10th Cir. 1982); Lee v. Downs, 641 F.2d 1117 (4th Cir. 1981); York v. Story, 324 F.2d 450 (9th Cir. 1963); and

            WHEREAS, the regulations implementing Title IX specifically allow schools to “provide separate toilet, locker room, and shower facilities on the basis of sex.”  34 C.F.R. § 106.33.

            WHEREAS, in 2015 a federal court held that a “University’s policy of requiring students to use sex-segregated bathroom and locker room facilities based on students’ natal or birth sex, rather than gender identity, does not violate Title IX’s prohibition of sex discrimination.” Johnston v. Univ. of Pittsburgh of Com. Sys. Of Higher Educ., 2015 WL 1497753, at 1 (W.D. Pa. Mar. 31, 2015).

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

            SECTION 1.  Tennessee Code Annotated, Title 49, Chapter 2, Part 1, is amended by adding the following language as a new section:

               Public schools shall require that a student use student restroom and locker room facilities that are assigned for use by persons of the same sex as the sex indicated on the student’s original birth certificate.

SECTION 2.  Tennessee Code Annotated, Title 49, Chapter 7, Part 1, is amended by

adding the following language as a new section:

                        Public institutions of higher education shall require that a student use the restroom and locker room facilities that are assigned for use by persons of the same sex as the sex indicated on the student’s original birth certificate.

SECTION 3.  This act shall take effect upon becoming a law, the public welfare requiring it.

Rep. Susan Lynn joins Americans United for Life, Defending Health and Safety Standards for Women vulnerable to abortion industry abuses

“Winning this case is very important because of its potential to negatively impact Tennessee law.” Rep. Susan Lynn

WASHINGTON, D.C. (02-03-16) – State Representative Susan Lynn joined a coalition of more than 460 Republican and Democratic office holders represented by Americans United for Life and the Bioethics Defense Fund in an amicus curie (friend of the court) brief filed today in the most significant abortion case before the Supreme Court in decades, Whole Woman’s Health v. Hellerstedt, formally known as Whole Woman’s Health v. Cole.  In the brief and on behalf of the officeholders, AUL demonstrates to the Court that state efforts to protect women through reasonable health and safety standards must be upheld for reasons of common sense and medical reality.

“It is very important for us to submit this amicus brief because the laws we passed in Tennessee as a result of Amendment 1 could be overturned should the plaintiffs win this case.” said Rep. Lynn.  AUL President and CEO Dr. Charmaine Yoest commended Lynn as “a champion for both women and their unborn children” and observed, “At every turn, the abortion industry fights health and safety standards that offer real protection to women, going to court to keep profits high and standards low and ignoring the severe medical risks to women exposed to the reality of abortion in America. AUL’s legal team is proud to stand with men and women from across the country – more than 460 Republicans and Democrats – who are working to protect life in law in their states.”

“This historical case provides an important opportunity for the Supreme Court to affirm its support of laws that protect women’s health,” Dr. Yoest noted. “After more than four decades of the abortion industry’s recalcitrant opposition to meaningful oversight, the Supreme Court must unequivocally affirm that it meant what it has said as far back as Roe: states may regulate abortion to protect a mother’s health.”

The case, Whole Woman’s Health v. Hellersted, involves Texas House Bill 2, a measure enacted in 2013 with a number of life-affirming provisions.  Placing profit above women’s health, abortion providers challenged provisions requiring them to meet the same health and safety standards as ambulatory surgical centers (ASCs), as well as to have admitting privileges at a local hospital.  In June 2015, the Fifth Circuit upheld the provisions, and abortion providers appealed to the U.S. Supreme Court in their continued effort to avoid compliance with the commonsense requirements.

AUL has been active in this case since its inception.  In addition to providing expert consultation on the constitutionality of HB 2 before and after it was enacted, AUL filed an amicus brief in the Fifth Circuit on behalf of Texas Legislators. 

AUL’s current brief was filed on behalf of Rep. Susan Lynn and more than 460 other public officeholders from states with provisions similar to the Texas health and safety standards.  The brief demonstrates that the Supreme Court has promised “wide discretion” to state lawmakers in the regulation of abortion and gives significant deference to legislative determinations as to the medical necessity for enacting health and safety regulations.  Here, both the legislative record and the evidence before the trial court confirm that the State of Texas acted in the best interest of women, and the Supreme Court must uphold HB 2.

For more on the health risks of abortion for women, click here: