Well. it looks like the Governor IS going to sign the omnibus bill today - but he does have questions -- I expect we will see some legislation in January to tweak some of the provisions of this legislation.
Governor Lee Will Sign Omnibus Bill Despite "Some Issues" November 11, 2021
The Tennessee Conservative - By Paula Gomes
After 10 days of reviewing the 8 bills passed by the Tennessee General Assembly in the last special session, Governor Bill Lee now says he will sign the omnibus bill, and is working with lawyers on "a few technical issues."
Governor Lee says he generally supports the ideas in the bill but there are "some issues we need to work through." He has been in contact with Speaker Cameron Sexton and Lt. Governor Randy McNally about proposed changes to the new legislation, which cannot be worked out until the General Assembly meets again in January.
Specifically, Lee says that he believes legislation requiring hospitals to allow indefinite family visitation for COVID-19 patients needs to be amended. Lee says that the "intent" of the bill is for end-of-life situations, and he hopes that the General Assembly will work to change that as soon as they are able.
The bill says "a hospital shall not restrict a patient from having at least one (1) family member present with the patient during the stay in the hospital as long as the family member tests negative for COVID-19 or another virus or communicable disease."
Many Tennesseans would disagree that the intent of the bill is for end-of-life situations only after experiencing frustration with hospitals over care of loved ones. On September 3rd, Alysha Rodriguez took her 36 year old, active, fit husband to Summit ER in Mount Juliet because he had tested positive for COVID-19 and was having trouble breathing. He was transferred by ambulance to Summit in Hermitage. Despite having medical power of attorney, she was not allowed to see him and he died 9 days later.
Tennesseans like Alysha desire to be present with a loved one in order to make decisions on their behalf when they are no longer able to make decisions for themselves, and not only when the end is unfortunately near.
Omnibus Bill Strips Power To Issue Mandates From Nashville City Leaders November 12, 2021
The Tennessee Conservative [By Paula Gomes] -
City of Nashville leaders are disgruntled over soon to be signed legislation they say is "unprecedented and dangerous" that will soon prohibit them from issuing mask mandates. A letter has been sent to the mayor to look for loopholes or "gray areas."
"Thankfully they are not always great about writing clear laws," said Metro Councilman at Large, Bob Mendes, referencing the Tennessee General Assembly.
In response, House Speaker Cameron Sexton warned those in Metro government, "We'll be back in a couple of weeks. So we can take care of any [gray areas] if there is an issue."
Sexton also had a message for Davidson County District Attorney Glenn Funk who has said he won't prosecute anyone for making a mask mandate. "I'm never going to prosecute a teacher or school administrator or board member for keeping our children safe," Funk said.
The bill that Governor Lee has said he will sign before the deadline on Saturday states that DAs who choose not to enforce the law can be temporarily replaced and possibly face fines.
Resolution to Potentially Nullify Federal COVID Mandates Now on Tennessee Gov. Bill Lee's Desk
November 12, 2021 The Center Square
Along with the seven bills that passed Tennessee's Legislature during its recent COVID-19 related special session, a joint resolution also passed both chambers of the legislature and sits on Gov. Bill Lee's desk.
While the bills become law if Lee signs them, "resolutions differ from bills in that they do not become law but simply serve to express the views of the majority of one or both houses of the Legislature."
The resolution, SJR 9005, serves to say that Tennessee's leadership has the right to "enact such legislation as it deems necessary to nullify actions taken by the federal government regarding COVID-19 when those actions violate the United States Constitution."
By nullification, it refers to not following federal laws and instead following state guidance.
The resolution passed the House 64-17 with three representatives abstaining while it passed the Senate 24-6.
In discussion of the resolution, sponsor John Ragan, R-Oak Ridge, spoke about both COVID-19 vaccinations and South Carolina's history of nullification. Ragan explained that the main purpose is to fight any federal mandates to force vaccines on citizens.
"A vaccine that does not reliably give all of its recipients' immunity, does not prevent the spread of disease, is not something that should be forced on anyone," Ragan said. "Nonetheless, the non-critically thinking automatons thoughtlessly accept whatever factually vacant, woke virtual signaling is fashionable among those who feel rather than think."
AG Slatery Files Lawsuit Challenging Biden Administration's Vaccine Mandate for Private Sector Employees
Joins Seven-State Coalition Challenging OSHA's Authority to Issue Mandate
Friday, November 05, 2021 | 10:32am
Nashville- Attorney General Herbert H. Slatery III and six other attorneys general have filed a petition before the U.S. Court of Appeals for the Sixth Circuit challenging the Biden Administration's vaccine mandate for private sector employees. The coalition asks the court to review the emergency temporary standard issued by the Biden Administration's Occupational Safety and Health Administration (OSHA), which requires the vaccination of tens of millions of citizens.
"As we anticipated, the mandate asserts an unprecedented expansion of emergency regulatory powers by a federal agency," said General Slatery. "Its scope and breadth is only exceeded by its length (about 500 pages). It also fails to consider the many steps already taken to prevent the spread of COVID-19 by individuals, employers and our state."
Despite warnings from attorneys general across the country about the legality of a vaccine mandate, the Biden administration issued the emergency temporary standard through OSHA.
In their petition, the coalition challenges the legality of the Biden Administration's emergency temporary standard and asks the Sixth Circuit to review the validity of the mandate, arguing that OSHA lacks statutory and constitutional authority to issue it.
