by Lance Frizzell, House Republican Press Secretary
posted May 21, 2004
Nashville - The 103rd General Assembly of the state of Tennessee adjourned today after action was taken in the House on a wide variety of issues, including the budget, lottery standards and other measures.
The $24.1 billion state budget creates new fraud and abuse protections in TennCare, includes a pay increase for state employees, and adds $95 million to the state's Rainy Day Fund, which now totals $273 million. The budget will be implemented July 1.
State employees, including both K-12 and higher education teachers, will receive pay raises of 3 percent and one-time bonuses of 2 percent. The budget sets aside $35 million for equalizing teacher pay across the state - a measure ordered by the state Supreme Court.
Debate on the budget in the House included discussion of many different amendments. Representative Steve Godsey (R-Blountville) sponsored an amendment to restore $17 million in state-shared taxes the administration seized from cities and counties. The seizure of $35 million in state-shared taxes forced over 100 cities and counties to raise property taxes across the state. Though the amendment failed, it attracted significant bi-partisan support.
Education was a main focus of this year's budget. The legislature included $50.1 million to fully fund the state's Basic Education Program (BEP) for K-12 education. In addition, $36.6 million was put toward a 2% cost-of-living increase for teachers.
Higher education needs were also addressed. Universities and colleges across the state received $141.8 million for capital improvements. These funds are needed to accommodate the influx of HOPE scholarship students expected in the future.
Significant crime legislation was also included in the budget. The legislature voted to include $4.1 million for increased incarceration of methamphetamine offenders as well as 30 new district attorneys and 18 public defenders to handle larger caseloads, due in part to the explosion of meth offenses across the state.
The budget also includes the Governor's plan to fund the state's specialty license plate program. Currently, the program is paid for with private funds but an ACLU lawsuit based on the "Choose Life" plate could invalidate the program. The Governor has said he will introduce a new specialty plate program next year.
Lottery equalization passes
Legislation that would end lottery scholarship discrimination against home-schooled students passed the House this week. Currently, to receive a HOPE Scholarship a student needs to have a 3.0 overall GPA or a 19 on the ACT. However, home-schooled students, who do not have a GPA recognized by the state, need to reach a score of 23 on their ACT to receive a scholarship.
Early in the week, Representative Bobby Wood (R-Harrison) brought an amendment to equalize the ACT requirement at 19 for all students. The conference committee addressing differences in the House and Senate versions of the bill kept Wood's concept and raised the requirement to 21 for all students. Students can still qualify with a 3.0 GPA. In addition, the final version of the bill applies to home-schoolers that have already taken the ACT.
The House Republican Caucus called for equalization of lottery scholarship standards during last year's session. Equalization of the standards was also a component of the House Republican "New Vision for Tennessee" announced in December.
Final Workers' Compensation bill passes
Differences between the House and Senate versions of reform of Tennessee's Workers' Compensation laws were worked out this week as both chambers approved the bill. The Governor must now sign the bill for it to become law.
The legislation increases fines on employers who do not pay claims in a timely manner and would earmark those fines for injured workers. Rates paid by employers are expected to decrease as more insurance companies compete for clients under the new system. A key provision of the bill was the administration's desire that the multiplier for Permanent Partial Disability granted to injured workers who return to their jobs at the same or higher pay be dropped from 2.5 to 1.5.
The administration's bill also attempts to control costs by creating a medical fee schedule, which sets fees for certain procedures. This type of plan exists in 41 states. Such a schedule involves adding a percentage to rates that the federal government pays for services to the elderly under the Medicare program.
House Republicans campaigned across the state last December for reform of the workers' compensation program. Though the administration's bill does not meet all changes thought necessary by some House Republicans, most believe it is a good first step in retaining and creating better jobs for Tennesseans.
Bills in Brief
Legislation by Representative Bob Patton (R-Johnson City) to increase revenues earmarked and paid into the state's traumatic brain injury fund passed the House this week. The bill raises fees that may be charged for certain traffic violations.
The Traumatic Brain Injury (TBI) Program was established by the Tennessee General Assembly to address the needs of those individuals who have sustained a brain injury, as well as their family members and primary caregivers. TBI is defined as an acquired injury to the brain caused by an external physical force resulting in total or partial disability or impairment.
A bill to make Tennessee state parks self-supporting was approved by the House and Senate this week. The "State Park Funding Act of 2004," sponsored by Representative Harry Brooks (R-Knoxville), collects revenues from fees charged at state parks from fines, penalties, contraband, and forfeitures arising from violations of laws governing activities at state parks.
The funds will be deposited in a dedicated fund to help run the parks. It is designed to prevent a park shutdown in the event of an economic downturn, such as happened in 2002.
Legislation to improve the process for making health care decisions at the end of life was approved by the House and Senate this week. The "Tennessee Health Care Decisions Act," sponsored by Representative David Davis (R-Johnson City), seeks to make sure that the final wishes of patients are carried out, as well as provide a process for doctors and medical facilities to follow.
A major reform and improvement of Tennessee's end of life care laws, the act addresses issues including living wills, power of attorney and the rights and responsibilities of care providers and families.
Many consider the act to be the most far-reaching legislation concerning advance directives in the country. The impetus for the legislation was Rep. Davis' 20-plus years spent working with families dealing with end of life care issues as well as health care providers throughout the state. His hope was to simplify the process and allow people to prepare for these unfortunate decisions.
Legislation by Representative Jamie Hagood (R-Knoxville) changing a law that requires a magistrate to issue a criminal summons instead of an arrest warrant for certain crimes has passed the House and Senate. The serving of criminal summons' has resulted in the need for additional clerical staff, as well as new police officers and cruisers. It also hampered the authority of judicial commissioners to issue an arrest warrant in cases related to felony and domestic violence acts.
According to law enforcement officials, after being issued a criminal summons, many of the alleged criminals simply do not come in or they flee. Last year's bill was meant to cut down on jail overcrowding and on the issuance of "retaliation warrants," in which two disputing parties seek to have the other arrested. However, many judges believe that the criminal justice system itself is threatened because the law severely restricts the authority of judges and judicial commissioners to issue arrest warrants where the affiant is not a police officer.
Judges contend that there are cases involving violent crime where criminals are going unpunished because the criminal summons is ignored. The result is that people with extensive criminal records who are accused of new violent crimes are staying on the street.
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