NASHVILLE—This week on Nashville’s Capitol Hill, Senate bills with no chance of passage this year piled higher in General Subcommittees, where bills wither away and die when all standing committees shut down by the end of session.
On the House side, members suspended committee rules and can now act quite quickly on legislation and did so on TennCare and Workers’ Compensation Reform bills. A compromise on the definition of “medical necessity” freed up two TennCare Reform bills to receive final amendatory language and to advance in floor actions. The two Senate TennCare Reform bills had already made it to the Senate floor calendar but kept rolling forward until the compromise was reached. Both houses began passing what appears to be the last-gasp effort to save TennCare as it is now known. The governor’s TennCare Reform package may soon become law.
Workers’ compensation reform saw some progress as it quickly made its way forward to the House floor where it stalled. Senate members saw obstructionists in action up close and personal.
The Senate used Legislative Day 86 on Monday and Legislative Day 87 on Thursday, leaving only three paid days to complete Senate business in the 103rd General Assembly. The House of Representatives used three days this week and still has seven paid days remaining.
* * *
Overtime Looms for Senate
Notes from Journal Records in the Legislative Library
The 100th General Assembly adjourned sine die (without a day), the House and the Senate having used 90 legislative days over the course of the two-year session, on May 1, 1998.
The 101st General Assembly saw the Senate use 97 legislative days and the House 99 legislative days, including seven unpaid days and nine unpaid days for the respective bodies.
The 102nd General Assembly saw the Senate and the House each use 102 legislative days, including 12 unpaid days each.
“It’s looking like we might be working for free again for the third General Assembly in a row,” stated Senator Micheal Williams (R-Maynardville). “That’s been our even-year trend.”
* * *
Workers’ Comp Reform Needed Now
“Our message to those who have been and are still trying to obstruct real workers’ compensation reform is crystal clear and easily understood: If Tennessee workers don’t have jobs, they won’t have to worry about workers’ comp. So, let’s fix the well-known problems with workers’ comp that now stand in the way of economic development. Let’s bring new jobs into Tennessee by creating a more favorable job climate,” stated Senate Republican Caucus Chairman Ron Ramsey (R-Blountville).
Republicans continue their push for an appropriate Workers’ Comp Reform measure to pass as soon as possible this session to help both employees and employers.
“Roads are important. Schools are important. Jobs are important,” stated Senator Ramsey.
“There’s an old saying in Upper East Tennessee that roads plus education means jobs. Tennessee has good roads. In fact, we have some of the finest roads in the nation.
Tennessee continues to improve funding for education. However, it is exceedingly clear that we must do more to stay competitive in job recruiting, retention, and creation. Real workers’ comp reform will encourage businesses to locate in Tennessee and it will also encourage existing businesses to stay here and perhaps even expand their operations,” concluded Senator Ramsey.
* * *
Sen. Ketron Steers DL Bill to Floor
Senate Bill 3430/HB 3486, the toughest driver’s license law in the nation, passed unanimously out of Senate Finance Committee Tuesday, with Senator Bill Ketron (R-Murfreesboro) steering the administration bill on to the Senate Calendar Committee for scheduling on the Senate floor.
The bill would bring Tennessee in line with 40 other states by establishing stringent requirements that would only allow driver’s licenses to be issued to citizens of the United States and those who are lawful permanent residents of the United States.
Senate Bill 3430/House Bill 3486 would also allow those who can document that they are here lawfully to be issued a driver’s certificate which would only be valid during the applicant’s authorized stay in the United States. Note that no driver’s certificates would be issued for a period of more than five years and, thus, a subsequent renewal would be required for anyone whose planned stay period exceeds five years.
Those individuals who do not qualify under either of the above two categories may apply for a one-year driver’s certificate. Two requirements for the one-year driver’s certificate are proof of identification and Tennessee residency.
The law requires the driver’s certificate to contain a phrase substantially similar to “FOR DRIVING PURPOSES ONLY – NOT VALID FOR IDENTIFICATION” on its face.
In final amended form, the bill contains a provision retroactive to 2001 when the licensing standards were relaxed. Individuals licensed under the relaxed law will have to submit proof to the Department of Safety of U.S. citizenship or lawful permanent resident status to renew their driver’s licenses. If they cannot meet those stringent criteria, they may then qualify for the certificate for driving.
Since the 2001 change, cumulatively, some 58,000 individuals now hold Tennessee driver’s licenses without having provided a Social Security Number.
* * *
Marriage Protection Amendment Advances
Senate Joint Resolution 887 by Senator Jeff Miller (R-Cleveland), a Marriage Protection Amendment, cleared a major hurdle in Senate Judiciary Committee Tuesday and went before the Senate Finance Committee which passed it out Thursday morning.
The Marriage Protection Amendment would put to the people the question of whether to amend Article XI of the Constitution of the State of Tennessee to define marriage as a contract between one man and one woman.
“A state law defines marriage as being between one man and one woman, but many of us think that activist judges may try to overturn that statute in the future and want to go ahead and put it in our constitution now as a pre-emptive precautionary measure,” states Senator Miller.
“Same-sex couples can begin marrying in Massachusetts May 17. It’s only a matter of time before some of these couples will start moving into other states where they will demand recognition and bring this to crisis decision in state courts. Activist judges have shown a remarkable ability to peer into constitutions and see things which aren’t there. We want to put a clear statement in ours to prevent future fabrications from whole cloth as happened in Massachusetts earlier this year.”
SJR 887 is on a parallel track with House Joint Resolution 990 which received the required three readings this week from the House and which approved it 85-5-1 Thursday morning and sent it over to the Senate.
If both the House and the Senate give the Marriage Protection Amendment majority approval during this session, the measure would then need to come before the 104th General Assembly which begins in January 2005 and receive two-thirds approval in both houses. If that occurs, it would then be placed for a vote of the people on the November 2006 ballot.
* * *
TennCare Reform Bill Passes Senate
After many years of Republicans repeatedly calling for a total overhaul of the TennCare Program, Tennessee’s revamped version of Medicaid, two true TennCare Reform bills came before the full Senate and HB 3513/SB 3392, the administration’s general TennCare Reform Bill, unanimously passed Thursday. The Senate added a Senate amendment to the House bill and it returned to the House which concurred in that amendment. Senator Jeff Miller (R-Cleveland), a longtime advocate for substantive changes in the TennCare Program is a prime sponsor of the administration bills, SB 3392 and SB 3394. SB 3392 is the general TennCare Reform Bill which proposes to produce up to $2.5 billion in future cost savings annually. SB 3394 sets up an independent TennCare fraud investigation unit to structurally sever a bureaucracy targeted to caregiving from investigatory functions. Republicans are hopeful the measures do not come too late to save the program from its own implosion. HB 3512/SB 3394 rolled over to Monday.
* * *
Military Recruiters Equal Access Bill Passes
SB 2796 by Senator Tim Burchett (R-Knoxville) unanimously passed the Senate Thursday to allow military recruiters equal access with college and vocational school recruiters to high school student directory information. Official recruiting representatives of the U.S. Armed Forces, the Tennessee National Guard, and the service academies would have access to the information about public high school students to help in their recruiting efforts. They cannot violate the Do-Not-Call List.
* * *
Bills, Bills, Bills
* * *
All things considered: After action this week, the Senate has 3,519 Senate bills filed as of 2:45 p.m. on Thursday (May 6), while the House has 3,613 bills. Resolutions: Senate Joint Resolutions now number up to 1143; HJRs 1212; SRs 216; and HRs 404. The Senate has used 87 legislative days with the House having used 83 days. Article II, Section 23 of the state Constitution provides for 90 paid regular legislative session days for every two-year-long General Assembly. The Senate and House are scheduled to convene on Monday at 4 p.m.
* * *
Senate Floor Actions
* * *
SB 2293 passed through unanimous consent of the Senate Monday to prohibit any person having a learner permit, an intermediate license or a restricted license from using a mobile telephone while operating a motor vehicle on any public road. A violation is a Class C misdemeanor punishable by a $50 fine and makes the violator ineligible to apply for the next level of license for a period of 90 days from the date the person would otherwise be eligible to apply. The companion, HB 2329, failed for lack of a second in Public Safety & Rural Roads Subcommittee. Unless the House takes up the matter, it will die with the sine die adjournment.
* * *
HB 1846/SB 539 by Senator Jeff Miller (R-Cleveland) passed the Senate Monday 26-0-2 to increase the Homestead Exemption amounts for elderly homeowners. An unmarried individual who is 62 years of age or older shall be entitled to a homestead exemption not exceeding $12,500 upon real property that is owned by the individual and used by the individual as a principal place of residence. A married couple, one of whom is 62 years of age or older and the other of whom is younger than 62 years of age, shall be entitled to a homestead exemption not exceeding $20,000 upon real property that is owned by one or both of the members of the couple and used by the couple as their principal place of residence. A married couple, both of whom are 62 years of age or older, shall be entitled to a homestead exemption not exceeding $25,000 upon real property that is owned by one or both of the members of the couple and used by the couple as their principal place of residence.
* * *
SB 990 by Senator Micheal Williams (R-Maynardville) passed the Senate Monday 26-1-1 to clarify the law governing the effect of a zoning change on existing business or uses for the property on which a sign structure is located and adjacent property. Present law allows industrial, commercial and other business establishments in operation and permitted to operate under zoning regulations or exceptions in effect immediately prior to a zoning change, to continue to expand operations and construct additional facilities which involve an actual continuance and expansion of the business activities and to destroy the present structure and rebuild new structures necessary to conduct business so long as the land use classification under the zoning regulations immediately prior to or subsequent to the zoning change is not changed. This bill would clarify that when the use permitted to continue, to expand or to be rebuilt is a sign structure, such use would not preclude any new or additional use of the property on which the sign is located or any adjacent property provided that the new or additional use does not violate applicable zoning restrictions other than those nonconformities associated with the off-premise sign.
* * *
SB 2078 passed the Senate Monday 28-1 to exempt from sales and use tax the sale of motor vehicles to Tennessee National Guardsmen and reservists, if they are called into active federal duty and serving in a declared combat zone. Senators Tim Burchett (R-Knoxville) and Mark Norris (R-Collierville) are co-prime sponsors.
* * *
SB 2122 by Senate Education Committee Chairman Randy McNally (R-Oak Ridge) unanimously passed the Senate Monday to allow local public and private school boards to train school personnel to assist students with diabetes care and to require the departments of Health and Education to consider recommendations from national organizations involved with diabetes care to make appropriate amendments to the current "Guidelines for Use of Health Care Professionals and Health Procedures in a School Setting" to reflect the appropriate procedures for use by school registered nurses in training school personnel who volunteer to assist with the care of students with diabetes. Individuals providing reasonable care within those guidelines would have limited liability. Senators Burchett and Bill Clabough (R-Maryville) co-sponsor the measure.
* * *
SB 2474 by Senator Burchett unanimously passed the Senate Monday to authorize local education agencies to permit children who are legally enrolled in a school to complete the school year in the same school when their parents have been relocated due to active military duty or other hardship to be reviewed on a case-by-case basis.
* * *
HB 2635/SB 2582 by Senators Bill Ketron (R-Murfreesboro) and Jeff Miller (R-Cleveland) passed through unanimous consent of the Senate Thursday to require local education agencies to devise policies and procedures to encourage parental involvement in public schools.
* * *
HB 2687/SB 2616 by Senator Rusty Crowe (R-Johnson City) passed through unanimous consent of the Senate Thursday to clarify the meaning of honorably discharged for purposes of determining eligibility for postponement of an application for lottery scholarships by students entering the military within two years of graduating from high school.
* * *
HB 2558/SB 2645 by Senators McNally and Crowe passed through unanimous consent of the Senate Thursday to require approval by the State Building Commission of expenditures, whether separate or combined, of over $100,000 on a single higher education building or structure, if expenditures are made in a six-month period.
* * *
SB 135 by Senator David Fowler (R-Signal Mountain) unanimously passed the Senate Thursday to require the state Attorney General to inform the governor when a potential conflict of interest exists when seeking to employ outside counsel for the state.
* * *
HB 2783/SB 2743 unanimously passed the Senate Thursday to promote the sale of nutritious foods before and during school hours to K-8 students and to prohibit the sale of foods of minimum nutritional value. Senator Burchett has advocated for this change for years.
* * *
HB 2953/SB 2894 by Senator Miller unanimously passed the Senate Thursday to exempt educational savings plans from state and local taxation.
* * *
HB 2957/SB 3026 by Senator Jim Bryson (R-Franklin) unanimously passed the Senate Thursday to prohibit new hires or existing employees from serving as a driver for a child care center until the employee has undergone a drug test and received a negative result.
* * *
Bill Watch List
* * *
Appropriations Bills:
SB 3415/HB 3551, an appropriations bill, is available to carry the administration appropriations bill and other amendments. A number of back-up bills are available if needed.
* * *
TennCare Bills:
HB 3513/SB 3392 and SB 3394/HB 3512, bills carrying the administration TennCare Reform proposals, were on the Senate Calendar for Thursday. HB 3513/SB 3392 passed. See http://www.legislature.state.tn.us/ under Legislation using SB3392 and SB3394. Senator Jeff Miller (R-Cleveland) is a sponsor on both bills.
* * *
Workers’ Compensation Bills:
SB 3003/HB 2956, a workers’ compensation bill was to carry the administration amendment.
SB 3169, the Norris Workers’ Comp Reform Bill, with the permission of Senator Norris, could act as a back-up bill for agreed-upon workers’ compensation reform legislation.
SB 3312/HB 3401, a workers’ compensation bill, is also available for workers’ comp proposals.
* * *
Tort Reform Bills:
SB 605 by Senators Norris and McNally
SB 996 by Senator Norris, and
SB 3272 by Senator Norris.