Conservative Senator Frank Niceley Running For Reelection: A Look At His Voting Record

Image Credit: State Senator Frank Niceley / Facebook & Antony-22 / CC

The Tennessee Conservative [By Paul Gomes] –

Senator Frank Niceley  (R-Strawberry Plains-District 8) is running for reelection in the Republican primary slated for August 1st, 2024. Niceley, who assumed office in 2012, faces a GOP challenger in the primary. 

Here is an in-depth, but by no means exhaustive, look at his voting record.

Highlights from the 2021 through the 2024 legislative sessions include:

Supporting a Resolution to Nullify Federal COVID-19 Restrictions.

In 2021, Niceley voted to support a resolution, SJR9005, that declared the right of the Tennessee General Assembly to nullify federal COVID-19 restrictions that violate the United States Constitution. The resolution also encouraged the Attorney General and Reporter of the State of Tennessee to take legal action on behalf of Tennesseans where appropriate.

Voting for Medical Freedom.

Niceley voted for a bill, SB0858, to prohibit state or local governments from requiring, or mandating that a private business require, proof of COVID-19 vaccination as a condition for entry or utilization of services. The bill also removed the authority of county boards of health in relation to the adoption and enforcement of rules and regulations. In addition, quarantine orders under state law were limited.

Voting for Pro-Life Policy.

Niceley cast a vote for a pro-life bill, SB1370, that permits a cause of action for wrongful death against someone who kills a mother and her unborn child regardless of gestational age.

Voting for Parental Rights in Education.

SB1229,  legislation requiring an LEA or public charter school notify a student’s parent or guardian prior to commencing instruction of a “sexual orientation or gender identity” curriculum, also received a vote from Niceley. The law also allows for a parent or guardian to have their child excused from such instruction.

Protecting the Innocence of School Children.

In 2022, Niceley voted for a bill, SB2292, that aimed to protect children from being exposed to obscenity and pornography from online and digital resources in Tennessee public schools.

Preventing Modern Day Racism.

Nicely voted for legislation, SB2290, that prohibits institutions of higher education from requiring that students or employees embrace divisive teachings as a stipulation for any grade, diploma, employment opportunity, or tenure.

Protecting Medical Autonomy of Tennesseans With Natural Immunity to COVID-19.

Nicely also voted for a bill, SB1982, that prohibits governmental entities, local education agencies, schools, and private businesses from adopting or enforcing policies that fail to recognize acquired immunity to COVID-19 is at least as protective as a COVID-19 vaccine.

Making Ivermectin an OTC Drug in Tennessee.

Niceley sponsored legislation, SB2188, making Ivermectin an over-the-counter drug in Tennessee.

Voting to Reinstate a Work Requirement for Government Assistance.

A bill, SB2071, that reinstated a work requirement in order to receive temporary government assistance, such as the SNAP program, also received Niceley’s vote. The requirement had been waived during the pandemic.

Opposing the Funding of Abortions by Local Governments.

In 2023, Niceley voted for a bill, SB0600, that prevents local governments from using taxpayer dollars to fund abortions.

Shielding Minors From Inappropriate Drag Shows.

Niceley was a co-sponsor on legislation, SB0003, that creates an offense for a person who engages in adult cabaret performance on public property or in a location where the performance could be viewed by minors. A lawsuit filed by drag performers in Shelby County as to the law’s constitutionality is currently awaiting a decision by the 6th Circuit Court of Appeals.

Eliminating an Exception For Obscene Materials For Educational Purposes.

Legislation that eliminates an exception for obscene materials for educational purposes, SB1059 also received a vote from Niceley. The law makes it illegal to possess obscene material on school property and also makes it a Class E felony for book publishers, distributors, or sellers to “knowingly sell or distribute obscene matter to a public school serving any of the grades K-12.”

Voting For Parental Rights.

Niceley voted for a bill, SB1443, requiring a student’s parent or legal guardian, or the student if the student has reached the age of majority, to provide a written, informed, and voluntarily signed consent to the student’s local education agency before the student may receive instruction on sexual orientation and gender identity, participate in a survey, analysis, or evaluation, or receive health services provided through a coordinated school health program.

Undoing Tennessee’s “Mature Minor Doctrine.”

Niceley voted for legislation, SB1111, that requires written consent of a parent or legal guardian before a healthcare professional can provide a vaccination to a minor. 

Sponsoring Legislation to Limit Foreign Ownership of Property in Tennessee.

Niceley carried a bill, SB0122, to uphold state sovereignty and adhere to U.S. foreign policy by prohibiting a sanctioned nonresident alien, foreign business, foreign government of agents thereof from purchasing real property in Tennessee. Although the legislation does not apply retroactively, all sanctioned parties owning real property will be kept on file by the TN Secretary of State.

Voting For Requirement to Allow Public Comment at Government Meetings.

A bill, SB0551, that makes it a requirement to allow public comment at government meetings got Niceley’s vote. Previously up to the discretion of state and local governments, the legislation now requires there to be time for public comment at publicly-held meetings.

Co-sponsoring Legislation to Protect School Staff From Woke Trainings.

A co-sponsor for SB0102, Niceley supported educators and other employees of a local education agency, public charter school, public institution of higher education, the state board of education, and the department of education from having to complete or participate in implicit bias training. The bill also prohibits educators or other employees from having adverse actions taken against them for refusing to participate in such trainings.

Protecting School Staff From Compelled Speech.

Niceley voted for a bill, SB0466, that protects public school teachers, principals, and employees from being required to refer to students by their preferred pronouns if those pronouns are not consistent with the student’s biological sex. The bill also insulates a teacher or other employee of a public school or LEA from civil liability and adverse employment action for referring to a student using the pronoun that is consistent with the student’s biological sex.

Sponsoring Bill to Limit Out-of-State Funding for Tennessee Candidates.

Prime Sponsor of a bill, SB0100, that sought to limit contributions for state political candidates coming from outside of the state, Niceley’s legislation would have prohibited a candidate or political campaign committee from accepting contributions that exceed 30 percent of the total contributions received by a candidate or political campaign committee from persons who are not residents of this state at the time the contribution is made. The bill failed in the House Elections and Campaign Finance subcommittee. 

Protecting the Unborn.

In 2024, Niceley voted for legislation that makes it a felony offense for adults to participate in “abortion trafficking” by assisting minors in obtaining an out-of-state abortion without parental consent.

Stiffening Penalties For Crimes Committed By Illegal Aliens.

Niceley voted for a bill that authorizes a court to enhance the statutory penalty up to imprisonment for life without the possibility of parole for violent crimes committed by illegal aliens and also tasks the Tennessee Bureau of Investigation to track arrests and subsequent convictions to which the enhancement factors apply to determine the correlations between arrests, convictions, and incidents of human trafficking in the state.

Protecting Minors From Being Transported For Genderbending Surgery.

Niceley was one of many votes for a bill protecting minors from being transported by an adult without parental consent for the purpose of genderbending surgery. The law in Tennessee now states that an adult who recruits, harbors, or transports an unemancipated minor within the state for the purpose of receiving a prohibited medical procedure that is for the purpose of enabling the minor to identify with, or live as, a purported identity inconsistent with the minor’s sex or treating purported discomfort or distress from a discordance between the minor’s sex and asserted identity, regardless of where the medical procedure is to be procured commits a Class C felony.

Supporting the Ultimate Penalty For Those Found Guilty of Raping Children.

Niceley was one of many Republicans who voted on a bill that allows judges to sentence child rapists to death or imprisonment without the possibility of parole for adults convicted of rape of a child, aggravated rape of a child, or especially aggravated rape of a child.

Allowing Educators to Arm Themselves In the Classroom.

Niceley also voted for a bill that allows them the option to conceal carry a firearm while on school grounds.

Expanding Lifetime Orders of Protection For Tennesseans.

Niceley agreed with fellow lawmakers that passing legislation that expands the eligibility for filing a petition to obtain a lifetime order of protection to include victims of aggravated stalking, especially aggravated stalking, and felony harassment was in the best interest of Tennesseans.

Sponsoring Legislation That Provides SROs For Private Schools.

Niceley sponsored legislation that allows local law enforcement to work with private schools to provide SROs.

Sponsoring a Bill That Allows Farmers Freedom in How They Raise Livestock.

Niceley sponsored a bill that would have removed authorization for the commissioner of agriculture and the state veterinarian to order vaccination of livestock, and would have specified that there is no state legal requirement to vaccinate livestock. The bill would also have allowed meat to be labeled as being free of mRNA vaccine if the animals from which the meat was derived were not administered an mRNA vaccine. The bill was sent to summer study in the Agriculture and Natural Resources Subcommittee.

Protecting the Livelihood of Teachers Who Are Victims of Assault in the Classroom.

Niceley sponsored legislation that requires local education agencies to pay a teacher’s full salary and full benefits if they are absent from assigned duties as a result of personal injury caused by a physical assault or other violent criminal act committed against the teacher in the course of their employment activities.

Protecting Tennesseans From the Mislabeling of Fake Meat Products.

Niceley sponsored a bill that would clarify that “lab-grown meat” or cell-cultured protein offered for sale, sold, or distributed within the state and labeled or advertised as “meat” is misbranded under the Tennessee Food, Drug and Cosmetic Act and specifies that under the Tennessee Meat and Poultry Inspection Act that the definitions of “meat,” “meat food product,” “poultry,” or “poultry food product,” do not include cell-cultured protein. The bill was sent to summer study in the Agriculture and Natural Resources Subcommittee.

Sponsoring Legislation to Protect Tennessee From Illegal Immigration.

Niceley was the Prime Sponsor of two illegal immigration bills that did not make it to the floors of either chamber before the end of this year’s legislative session.

SB1150 aimed to remove the current exemptions that prevent the prosecution of common carriers and religious entities that transport illegal aliens into the state.

SB2034 would increase the current fine, from $1,000 to $5,000, for transporting into the state, for the purpose of commercial advantage or private financial gain, an individual who the person knows or should have known has illegally entered or remained in the United States, as determined by the Bureau of Immigration and Customs Enforcement of the United States Department of Homeland Security.

Banning Advertisements for Big Pharma in Tennessee.

Niceley sponsored a bill that would prohibit any individual, entity, or organization from broadcasting, displaying, or disseminating pharmaceutical advertisements in the state. This would have meant any direct to consumer representations by newspaper, online, or on television, for the purpose of inducing, or that are likely to induce directly or indirectly, the purchase, sale, or use of prescription drugs, and making any violations subject to the penalties and remedies of the Tennessee Consumer Protection Act of 1977. The bill was taken off notice in the House Banking and Consumer Affairs Subcommittee.

In addition, Niceley made our list of Top Five Freedom Caucus Conservatives both in 2022 and in 2023.

The Tennessee Legislative Report Card gave Niceley an 84 out of 100 for his voting score and an A for leadership for the 2023 legislative session. While 71.8% of donations to Niceley are labeled as special interests, the vast majority of those contributions appear to come from private businesses. 

Niceley’s Republican challenger in the primary is Jessie Seal.

Seal, a native of Hancock County who has lived in Claiborne County for 16 years, works as a PR Director for a medical facility.

Niceley has been a supporter of farms and has done much to deregulate local food distribution and production over the last 15 years. Read about his legislative accomplishments HERE.

EARLY VOTING:  JULY 12-27 2024   ELECTION DAY:  AUGUST 1, 2024

About the Author: Paula Gomes is a Tennessee resident and reporter for The Tennessee Conservative. You can reach Paula at paula@tennesseeconservativenews.com.