Conference committee adopts House version of HB 2310 after removing criminal enforcement language
April 25, 2024 | Conference Committee, Joint, Committees, Legislative, Tennessee
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A legislative conference committee approved the House's conference report on House Bill 2310 (Senate Bill 2782), adopting language that removes a criminal enforcement element while preserving a civil cause of action tied to transporting minors for procedures prohibited under Tennessee law.
Representative Ritchie, presenting the House version, said the committee removed section 1 and retained the statutory intent in section 2d1, which "says a person shall not intentionally recruit, harbor, [or] transport" an unemancipated minor for a procedure that is currently prohibited by Tennessee law. He told the committee the criminal penalty language was dropped because it would produce a fiscal note that the current budget cannot accommodate.
The sponsor also confirmed the bill retains a common-carrier exemption so hired transporters such as "an Uber driver" or Greyhound would not be subject to civil liability under this provision. On parental authority, Representative Ritchie said the revised text specifies that an apparent or legal guardian who is authorized to make health-care decisions for a minor may consent to the minor being transported.
Committee members pressed for clarifications. One senator carrying the Senate posture told the panel that a colleague was disappointed the criminal penalties were removed but agreed the House posture was appropriate because adding criminal charges would create an unfunded fiscal note. Representative Hardaway asked about the mental-state requirement for liability; Ritchie said the text requires that someone knowingly transport a minor for a prohibited procedure. Senator Yarbrough asked whether the change could enable one parent to sue another; Ritchie said that where two parents share health-care authorization and disagree, the issue would likely be decided by a court.
The committee also asked legal services for guidance on venue for civil suits. Elizabeth Sonya of legal services said, "The bill doesn't state anything about where the action would be brought," and that general venue provisions and civil-procedure rules would apply, likely meaning venue would be where the action arose or where the defendant lives.
The clerk called the votes. In the Senate roll call the clerk recorded two ayes and one no; the chair announced the Senate vote passed. In the House the roll call showed three ayes and one no; the committee announced that House Bill 2310 had passed the House side, and with both chambers agreeing the conference committee action was complete.
After the votes the committee had no further business and adjourned.
Representative Ritchie, presenting the House version, said the committee removed section 1 and retained the statutory intent in section 2d1, which "says a person shall not intentionally recruit, harbor, [or] transport" an unemancipated minor for a procedure that is currently prohibited by Tennessee law. He told the committee the criminal penalty language was dropped because it would produce a fiscal note that the current budget cannot accommodate.
The sponsor also confirmed the bill retains a common-carrier exemption so hired transporters such as "an Uber driver" or Greyhound would not be subject to civil liability under this provision. On parental authority, Representative Ritchie said the revised text specifies that an apparent or legal guardian who is authorized to make health-care decisions for a minor may consent to the minor being transported.
Committee members pressed for clarifications. One senator carrying the Senate posture told the panel that a colleague was disappointed the criminal penalties were removed but agreed the House posture was appropriate because adding criminal charges would create an unfunded fiscal note. Representative Hardaway asked about the mental-state requirement for liability; Ritchie said the text requires that someone knowingly transport a minor for a prohibited procedure. Senator Yarbrough asked whether the change could enable one parent to sue another; Ritchie said that where two parents share health-care authorization and disagree, the issue would likely be decided by a court.
The committee also asked legal services for guidance on venue for civil suits. Elizabeth Sonya of legal services said, "The bill doesn't state anything about where the action would be brought," and that general venue provisions and civil-procedure rules would apply, likely meaning venue would be where the action arose or where the defendant lives.
The clerk called the votes. In the Senate roll call the clerk recorded two ayes and one no; the chair announced the Senate vote passed. In the House the roll call showed three ayes and one no; the committee announced that House Bill 2310 had passed the House side, and with both chambers agreeing the conference committee action was complete.
After the votes the committee had no further business and adjourned.
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