Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB1030 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2		-	HOUSE BILL 1156
3		-	By Lynn
	2	+	<BillNo> <Sponsor>
4	3
5	4		SENATE BILL 1030
6	5		By Bowling
7	6
8	7
9	8		SB1030
10	9		002689
11	10		- 1 -
12	11
13	12		AN ACT to amend Tennessee Code Annotated, Title 37,
14	13		relative to immunizations.
15	14
16	15		WHEREAS, Tennessee Code Annotated, Section 37-10-401(a) declares that a parent or
17	16		legal guardian is responsible for ensuring that such person's child receives vaccinations as
18	17		recommended by the Centers for Disease Control and Prevention (CDC) or the American
19	18		Academy of Pediatrics (AAP); and
20	19		WHEREAS, the CDC is a federal agency that operates under federal jurisdiction, not
21	20		subject to state government oversight or accountability, and the AAP is a private organization,
22	21		not subject to constitutional accountability or state government oversight and accountability; and
23	22		WHEREAS, under the nondelegation doctrine, the General Assembly cannot delegate
24	23		significant public policy decisions or police powers to entities that are not subject to state
25	24		oversight and accountability; and
26	25		WHEREAS, the landmark case Jacobson v. Massachusetts, 25 S.CT. 358 (1905)
27	26		affirmed that state vaccination laws are not subject to federal jurisdiction under the Fourteenth
28	27		Amendment to the Constitution of the United States but are instead an exercise of state police
29	28		power if and when authorized under a state's constitution; and
30	29		WHEREAS, legislative oversight and the rulemaking process are necessary when
31	30		changing vaccination law to ensure such changes serve a compelling governmental interest of
32	31		the highest order; and
33	32		WHEREAS, the Families' Rights and Responsibilities Act, compiled in Tennessee Code
34	33		Annotated, Title 36, Chapter 8, affirms that a government entity shall not substantially burden
35	34		the fundamental rights of a parent unless it demonstrates that such a burden is required by a
36	35
37	36
38	37		- 2 - 002689
39	38
40	39		compelling governmental interest of the highest order and is the least restrictive means of
41	40		furthering that interest; and
42	41		WHEREAS, deleting § 37-10-401(a) will not affect existing immunization laws, rules, or
43	42		requirements for schools, nurseries, kindergartens, preschools, or child care facilities; now,
44	43		therefore,
45	44		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
46	45		SECTION 1. Tennessee Code Annotated, Section 37-10-401(a), is amended by
47	46		deleting the subsection.
48	47		SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.
49	48