STATE OF TENNESSEE

111th General Assembly

SENATE REGULAR CALENDAR

Tuesday, January 14, 2020

Summary of General Bills

Published by the Office of the Chief Clerk

1. SB 1304 BY ROSE (HB 0836 Rudd)

Senate Co-Sponsors: Pody
House Co-Sponsors: Ragan, Sherrell, Hulsey, Johnson C, Carter

Adoption- As introduced, prohibits a private licensed child-placing agency from being required
to perform, assist, consent to, refer, or participate in any child placement for foster care or
adoption that would violate the agency's written religious or moral convictions. - Amends TCA
Title 36, Chapter 1, Part 1.

COMMITTEE VOTE:
Senate Judiciary Committee 6-2-0, with amendment.

FILED AMENDMENTS:
Amendment No. 1 (SA0402) by Senate Judiciary Committee

FISCAL NOTE:
HB0836/SB1304 Fiscal Note, 2/13/2019 2:02:35 PM

SUMMARY: This bill prohibits:

(1) Requiring a private licensed child-placing agency to perform, assist, consent to, refer, or
participate in any child placement for foster care or adoption that would violate the agency's
written religious or moral convictions;
(2) The department of children's services from denying an application for an initial license or
renewal of a license or revoke the license of a private child-placing agency because of the
agency's objection to participating in a placement that violates the agency's moral convictions;
(3) A state or local government entity from denying to a private licensed child-placing agency
any grant, contract, or participation in a government program because of the agency's objection
to participating in a placement that violates the agency's moral convictions; and
(4) Basing a civil action for either damages or civil relief on the refusal of a private licensed
child placing agency to participate in a placement that violates the agency's moral convictions.

ON APRIL 1, 2019, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE

BILL 836, AS AMENDED.

AMENDMENT #1 removes rulemaking authorization for the department of children's

services from this bill and limits the provisions of this bill that prohibit government action
against private licensed child-placing agencies based on acts and omissions that violate such
agencies' convictions or policies so that such provisions will only apply to the extent allowed by
federal law.