NASHVILLE, Tenn. (WKRN) — While many laws passed during the legislative session take effect immediately or within a year, some legislation takes multiple years to go into effect.
The legal change that takes the longest to come about is a constitutional amendment.
Like the United States, Tennessee also has a founding document. Just as the federal version, the state constitution lays out how the state government is set up. In its 11 Articles, the Tennessee constitution sets up the three branches of government, how elections are to be held, how new counties are created, the duties of state and county officers and limitations on lotteries, among other items.
The process by which state lawmakers make changes to—or amend—the state constitution takes up to four years to complete. According to Article XI, Section 3 of the state constitution, a proposed constitutional amendment must pass two consecutive general assemblies. The first time, it must pass by a simple majority; the second time, it requires a two-thirds majority. Then, the matter is put to a vote by the general electorate on the ballot, but only during a gubernatorial election year.
Though the official process takes many years, lawmakers can propose constitutional amendments at any time. Currently, there are more than a dozen constitutional amendments proposed in the 114th General Assembly.
Here are some of the changes lawmakers hope to make to the state constitution over the next few years.
HJR 0002
This proposal would prohibit the state from ever levying a state property tax. Tennessee currently does not have a separate property tax—that tax is done on the county and municipal levels—but the state constitution gives lawmakers the power to impose one. The resolution would amend Article II, Section 28 to remove the power to levy a property tax from the state legislature in its entirety.
HJR 0005
According to its text, this proposed amendment would add a new section in Article I of the state constitution that guarantees, “Equality of rights under the law shall not be abridged or denied by the State of Tennessee or an instrumentality of the State on account of sex.” The amendment has the same sentiment of the ill-fated Equal Rights Amendment, which proposed the same protections for the U.S. Constitution.
HJR 0007
This amendment would codify personhood in Tennessee begins at fertilization. Specifically, it would amend Article I of the state constitution to declare a person “shall not be deprived of life, liberty, or property without due process of law, nor shall a person be denied equal protection of the law.” It also defines “person” to include “every human being from fertilization to natural death.”
HJR 0012
This proposal would amend Article VI, Section 14 of the state constitution to allow cities to impose a civil penalty larger than $50 for a “violation of a municipal ordinance if such penalty is just and reasonable.” Currently the constitution prohibits imposing fines of more than $50, “unless it shall be assessed by a jury of his peers,” who shall “find the fact,” that the fine may be more.
HJR 0028
According to its text, this proposed amendment would “grant a person the right to forgo medical treatment.” More specifically, the amendment states a person “must not be compelled to undergo a medical treatment, even in the case of a declared emergency.” The amendment also defines “medical treatment” to include “any…vaccination, or other intervention intended to diagnose, treat, prevent, or mitigate any physical or mental condition.” This amendment would prevent any future government official—be it the governor, a county mayor or city mayor—from requiring people to be vaccinated in the case of a public health emergency.
HJR 0048
This proposed amendment would grant a so-called victim’s bill of rights. Article I, Section 35 of the constitution includes certain rights are protected for victims of crimes, including the right to confer with prosecution; the right to be free from intimidation, harassment, and abuse; to be present at all proceedings where they have a right; to be informed of all proceedings, and more. This amendment expands the victim’s rights, even giving victims the right to standing should the proposed rights be withheld from them.
HJR 0049
This proposed amendment would remove the right to bail for certain crimes, including an act of terrorism, second degree murder, aggravated rape of a child, aggravated rape, grave torture and more. The proposal would amend Article I, Section 15 of the state constitution.
HJR 0053
Currently, the state constitution gives the general assembly the right to regulate the bearing of arms “with a view to prevent crime.” This proposed amendment would eliminate that qualifier and instead grant Tennesseans the right “to keep and bear arms,” and prevent the general assembly from passing any laws on firearms at all.
HJR 0040
Proposed by Nashville Democratic Sen. Jeff Yarbro, this amendment would allow for Tennesseans to propose laws by initiative, or statewide referendums. Currently, the state constitution dictates laws be passed solely by the general assembly. Yarbro’s resolution would propose a new Article to the state constitution allowing for the people the power to “propose laws by initiative, independent of the general assembly.”
According to the text, the amendment specifies an initiative petition would have to gather at least 5% of the number of registered voters who cast their ballot in the last gubernatorial election and filed with the Tennessee Secretary of State at least 6 months in advance of the desired election for the ballot question. The only elections that could host ballot initiatives are those held on the first Tuesday after the first Monday in November in even-numbered years, meaning those that align with the federal election cycle.
Once the ballot initiative has passed by a statewide vote, it will be submitted to the general assembly to either vote to approve the measure, reject the proposed measure or take no action. If the general assembly takes no action on a passed ballot initiative, it will take effect regardless. This follows the pattern set by the general assembly: if the general assembly passes a law, the governor can either sign it, veto it, or do nothing. If the governor takes no action, the law takes effect without his signature.
If a ballot initiative fails, it cannot appear on an election ballot for four years, per the amendment text. If an initiative is passed by the voters but rejected by the general assembly, it cannot appear on the ballot again for at least two years.
