NASHVILLE - This week on Nashville's Capitol Hill, the Senate unanimously approved Senate Bill 127 which would enact the Tennessee National Guard Tuition Assistance Act. The measure is designed as an aid in recruiting and retention and has been sought for several years. All Senate members added on as sponsors in final floor action during Thursday session.
House Bill 233, SB 127's companion bill, is sponsored by Rep. Stratton Bone, a retired Tennessee Air National Guard Master Sergeant.
The bill passed out of Senate Education Committee March 3rd shortly after the news came out that over 4,000 Tennessee National Guardsmen had been put on alert for possible activation for deployment to Iraq. The bill was sent to Senate Finance, Ways and Means Committee for a hearing Tuesday at which time it received unanimous approval from the committee. Senator Jerry Cooper, the lead sponsor of SB 127, noted in Senate Finance Committee that the unit from his home county had been activated.
Senator Rusty Crowe (R-Johnson City), as Chairman of the Senate Calendar Committee, scheduled the bill on the Senate Regular Floor Calendar for Thursday, March 11, noting: "That was the earliest session date at which the full Senate could hear the bill."
Thursday also coincided with National Guard Commanders' Day on the Hill. Visiting commanders were requested to stand in the well before the Senate where the many accomplishments of the National Guard were recognized. Major General Gus L. Hargett, Tennessee Adjutant General, and other high-ranking commanders and unit commanders were present for the occasion, including Col. Rich Harris, 118th Airlift Wing Commander at Berry Field Air National Guard Base located at Nashville Airport. General Hargett noted that with the latest deployment, over 9,000 Guardsmen from Tennessee would have been mobilized. While the commanders were still in the Senate well, rules were suspended to bring up SB 127 out of order and, after all Senate members were added, the bill passed unanimously.
Senator Crowe, as a bill co-sponsor who has served as chairman of the Joint Select Committee on Veterans Affairs since 1997 and who has been a longtime supporter of veterans' programs, stated, "The governor has indicated that he wanted to make this Tuition Assistance Program a reality this year. We certainly stand ready to work with him and fellow legislators on both sides of the aisle to do just that. I have encouraged passage of this particular measure for several years now. The money for the program is in this year's budget. It's the least we can do to recognize the contributions of those who care so much for their country that they go forth to the front lines of freedom and face the enemy to do what must be done."
Previous Tuition Assistance measures in 2001 and 2002 came close to passage, drawing bipartisan support, but subsequently fell prey to a lack of state funding or else the funding was later cut from the budget in final adjustments to the appropriations act.
"This year, we really would like to see this become a reality," concluded Senator Crowe.
The House Budget Subcommittee recommended the House companion bill for passage Wednesday and referred it on to its parent House Finance, Ways and Means Committee where it is set for a hearing on Tuesday, March 16.
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Abortion Language Resolution Vote Put Off
In Monday evening's session, the full Senate heard verbatim on what was to have been the third and final reading the language of Senate Joint Resolution 127 by Senator David Fowler (R-Signal Mountain) which seeks a people's referendum on adding to the state constitution the following language: "Nothing in this Constitution secures or protects a right to abortion or the funding thereof."
The Senate then took up amendments. Senator Mark Norris (R-Collierville) added on a friendly amendment to have SJR 127 read: "Nothing in this Constitution secures or protects a right to abortion or the funding thereof; except the legislature shall have the authority to make such exceptions as the legislature deems reasonably necessary, including the authority to make exceptions in the case of rape or incest and to save the life of the mother."
Senator Fowler, out of senatorial courtesy, put off the vote on the resolution, as amended, until Thursday for a final vote so that the new language could be further refined. On Thursday, the Senate sponsor added a refining amendment on SJR 127 by a 22-11 vote. It then read: "Nothing in this Constitution secures or protects a right to abortion or the funding thereof; however the legislature shall have the authority to make such provisions for abortions as the legislature deems reasonably necessary, including the authority to make exceptions in the case of rape or incest and to save the life of the mother."
At that point, opponents of the resolution attempted to add hostile amendments to kill it. Ultimately, in an 18-15 vote a killer amendment went on that the sponsor indicated would change the whole purpose of the resolution. Senator Fowler referred it back to Calendar Committee. Unless the hostile language is somehow removed, there is a very real possibility that the people may not have a chance to vote on this until 2010 at the earliest.
SJR 127 would have put before the people on November 7, 2006, at the next gubernatorial election the question of whether to change the state constitution using the very same process through which the 168-year-old lottery prohibition was removed by the people in the November 5, 2002, election.
If SJR 127 were to receive majority approval from both houses of the General Assembly this year, another joint resolution would have to be approved by two-thirds of the Senate and two-thirds of the House of Representatives in the following two-year General Assembly, the 104th, which meets in 2005-2006 before the people could vote on the issue in November 2006.
The resolution was brought in response to the September 2000 state Supreme Court's decision in Planned Parenthood of Middle Tennessee vs. Sundquist in which the court ruled that the state constitution somehow provides a greater right to privacy than the federal constitution and applied a strict scrutiny standard for reviewing legislation.
Senator Crowe is a prime co-sponsor of the resolution.
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Peter and Eugenia Campochiaro Highway
Safety Act of 2004 on Way to Governor
SB 216/HB 453 by Senator Curtis Person (R-Memphis), which passed by unanimous consent of the Senate last year on April 16, 2003, made its way back to the Senate this year from the House on a Senate Message Calendar with two House amendments attached to it to enact the Peter and Eugenia Campochiaro Highway Safety Act of 2004. The Senate unanimously concurred in the House amendments Monday evening and it now goes to the governor. If it becomes law, the statute would take effect July 1, 2004.
The Campochiaros were a husband and wife who were killed in June 1998 by an 18-wheeler running through malfunctioning traffic lights on Poplar Avenue in Memphis.
SB 216/HB 453 would become TCA 55-8-110 (c): The driver of any vehicle approaching an intersection which is controlled by a traffic-control signal that is inoperative shall come to a full and complete stop at the intersection, and may proceed with due caution when it is safe to do so; provided, that if two (2) or more vehicles enter such an intersection from different directions at approximately the same time, after having come to full and complete stops, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.
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Bills, Bills, Bills
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All things considered: After action this week, the Senate has 3,478 Senate bills filed as of 1:18 p.m. on Thursday (March 11), while the House has 3,574 bills. Resolutions: Senate Joint Resolutions now number up to 815; HJRs 971; SRs 137; and HRs 303. The Senate has used 69 legislative days with the House having used 61 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 the House reconvene on Monday at 5 p.m.
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Senate Floor Actions
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SB 2252 passed the Senate Monday in a 31-1 vote to prohibit air fare reimbursement in excess of standard coach fare for any official, officer, or employee of the state of Tennessee, or the state board of regents, the UT board of trustees, or their institutions. The bill comes in response to an audit last year of a former UT president. Senator Fowler co-sponsors the bill.
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SB 2314 by Senator Fowler passed the Senate unanimously Monday to revise the landlord-tenant law to change the time period in which a landlord must inspect rented premises and compile a listing of damages to a unit that will be the basis for charges against a security deposit and estimated costs of repairing such damages from within three business days to within five business days of the tenant's termination of occupancy.
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SB 2316 by Senator Bill Clabough passed the Senate unanimously Monday to add grounds for hearing a petition regarding grandparent visitation. The bill would add the situation when a child and the grandparent had a significant existing relationship for 12 months or more, and the parents severed the relationship for a reason other than abuse or a danger of substantial harm to the child, and the severance of the relationship is likely to cause substantial emotional harm to the child.
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SB 2683 passed the Senate unanimously Monday to create a Class A misdemeanor offense for using an audiovisual recording device to record, without the consent of the facility's owner or tenant, the exhibition of a motion picture. The bill gives that owner or tenant the same power to detain a person as retail merchants have to detain a shoplifter. Senate Judiciary Chairman Person co-sponsors the bill.
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SB 3452, in amended form, passed the Senate unanimously Monday to permit the Commissioner of Labor and Workforce Development to withhold from the public record the names and titles of witnesses to TOSHA investigations.
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SB 2845 by Senator Person passed by unanimous consent of the Senate Thursday to require pawnbrokers accepting pawned items to obtain a more specific description of the pledged goods than is currently required by mandating the brand name; model number; valid manufacturer-issued serial number; size; color except for the color of diamonds; precious metal type, content, and weight; gemstone description, including the number of stones; and other unique identifying marks, numbers, names or letters; and the action-type, caliber or gauge, number of barrels, barrel length and finish of any firearm.
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SB 3152 passed by unanimous consent of the Senate Thursday to provide that a child who is receiving a tuition discount based on a parent being a teacher shall continue to be eligible to receive the discount if the child's parent dies while the child is receiving the discount.
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SB 3378 passed by unanimous consent of the Senate Thursday to permit the Tennessee Occupational Safety and Health Agency to investigate alleged discrimination against local government employees and take appropriate enforcement action for discriminatory practices.
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SB 3389, a housekeeping measure, passed by unanimous consent of the Senate Thursday to redefine agricultural labor for purposes of unemployment compensation to clarify that it means a farm operated for profit if such service is not in the course of the employer's trade or business or is not domestic service in a private home of the employer.
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HB 2999/SB 2682 passed the Senate unanimously Thursday to reduce the time period that a garagekeeper or a towing firm must wait before enforcing a lien on a vehicle in its possession from 60 days to 30 days. Senator Norris co-sponsors the bill.
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SB 1539 passed the Senate unanimously Thursday to revise the law on Collection Service.
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Selected Senate Committee Actions
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Senate Finance, Ways and Means Committee:
SB 2407 by Senator Ben Atchley (R-Knoxville) passed out of Senate Finance Committee to revise the law on pensions covered by the Tennessee Consolidated Retirement System.
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Senate State and Local Government Committee:
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SB 2220 passed out of Senate State and Local to require the grantor or lessor, as well as the grantee or lessee, of tax exempt property to promptly report to the property/tax assessor any change in the use or ownership of a property which might affect its exempt status. As amended, the bill includes a one-year lookback provision. Volunteers handling these transactions do not always know they need to apply for the tax-exempt status after acquisition until they receive a tax notice the following year.
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SB 1671 passed out of Senate State and Local to require the disclosure of consulting contracts involving members of the General Assembly or the executive branch or any immediate family member. The penalty would be a Class B misdemeanor.
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SB 2748 passed out of Senate State and Local to authorize the director of Tennessee Emergency Management Agency and chief local elected officials to declare a state of emergency for the purpose of triggering the emergency relief effort portion of the hours-of-service regulations promulgated by the federal Motor Carrier Safety Administration. Contingencies, such as ice storms, require a quicker response time than is currently available.
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SB 3139 by Senators Randy McNally (R-Oak Ridge) and Bill Ketron (R-Murfreesboro) passed out of Senate State and Local to enact the Mutual Aid and Emergency and Disaster Assistance Agreement Act of 2004. The measure allows local entities to retain current agreements if they want to, though they would not be necessary. The bill is brought because of emergency situations in which equipment is needed from outside the surrounding areas and it will also bring better reimbursements from the state and federal government.
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SB 2981 passed out of Senate State and Local to allow a county to redesignate the county mayor as county executive by private act. Some understood that the County Mayor Bill passed last year would be permissive; however, the statute is now interpreted as being mandatory.
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SB 3384 passed out of Senate State and Local to expand the exception to the prohibition on state officials and employees purchasing surplus property from the state to allow a purchase by Internet auction in addition to allowing a purchase by bid at a public auction.
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SB 2890 passed out of Senate State and Local to require county election commissions to conduct supplemental voter registration when a planned and scheduled group naturalization ceremony is conducted in the county and to require either the attendance of commissioners, assistant registrars or other designees to register new citizens.
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SB 2869 passed out of Senate State and Local to require county election commissioners to attend a statewide or regional training seminar conducted by the Coordinator of Elections within one year of a commissioner's initial appointment.
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SB 2969 passed out of Senate State and Local to require departments and agencies to give preference to Tennessee agricultural products during purchasing if cost and quality are equal.
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SB 2455 by Senator Steve Southerland (R-Hamblen County) passed out of Senate State and Local to require that, if the municipal electric system cable pilot project is not up and running by June 30, then that pilot project would go to the East grand division, and that, if it is up and running, then there would be another pilot added in the East grand division. Hamblen County is the 3rd smallest county in size in Tennessee, but it is the 6th largest in population density.
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SB 3137 by Senator Tim Burchett (R-Knoxville) passed out of Senate State and Local to name the new state Veterans Home in Knoxville in honor of Senator Ben Atchley. The bill goes to Senate Finance. All members added on the bill as sponsors.
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SB 3219 by Senator Burchett passed out of Senate State and Local to revise the times that candidates or political campaign committees who have appointed a political treasurer prior to a set date must file the initial contribution, loan and expenditure statement. Those who certify the treasurer prior to December 31 must file their initial contribution, loan and expenditure report through December 31. A second tier of reporting would apply to those who certify the treasurer after December 31 and the initial contribution, loan and expenditure report would be required within 10 days following the qualifying deadline.
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SB 3233 by Senator Burchett passed out of Senate State and Local to permit any independent candidate to list that candidate's party name on the ballot, limited to two words, if nominated by that candidate's political party instead of permitting such listing only if the party of that candidate received at least five percent of the votes cast in the last presidential election preceding the election the candidate seeks to have the party name included on a ballot.
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SB 3256 passed out of Senate State and Local to allow a county or municipality to authorize a jail or workhouse administrator to charge an inmate a nominal fee for special services, such as escort by correctional officers to a hospital or a funeral home.
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SB 3257 passed out of Senate State and Local to allow a county or municipality to charge an inmate in a jail or workhouse a co-pay for substance abuse treatment by a licensed provider.
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SB 2806 passed out of Senate State and Local to require county election administrators to release upon request the name of any person who obtained a nominating petition to seek elective office, even if the date for returning and filing the petition has not passed or the petition was not returned and filed. Contrary to policy, at least one county is not keeping paper copy records of petitions that have been picked up so that they could then claim to a newspaper that there were no public records subject of the Open Records Act. This bill puts the requirements in statute to prevent this creative loophole construction in the future.
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Senate Commerce, Labor and Agriculture Committee:
SB 3391 passed out of Senate Commerce to revise provisions for contesting unemployment insurance tax collected or administered by Labor and Workforce Development.
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SB 3420 passed out of Senate Commerce to allow the Commerce and Insurance Commissioner to require an insurer under administrative supervision to pay reasonable costs for supervision.
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SB 3432 passed out of Senate Commerce to add equine to the definition of livestock and to make operating as a livestock dealer without a valid license a Class A misdemeanor.
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SB 3447 passed out of Senate Commerce to limit sales of restricted pesticides only to persons holding and who show proof of a valid certificate or license issued by the Agriculture Department and to increase certain violations from a Class C to a Class A misdemeanor.
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SB 2888 passed out of Senate Commerce to require the Department of Economic and Community Development to create a minority business development program modeled on the Small Business Administration program.
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SB 3029 by Senator Bill Ketron (R-Murfreesboro) passed out of Senate Commerce to make it a deceptive trade practice to advertise for a seminar on living trusts or estate taxation unless the advertisement also states the minimum amount at which an estate must be valued in order to be subject to estate tax.
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Senate Judiciary Committee:
SB 3133 passed out of Senate Judiciary Committee to revise the calculation of child support payments to treat all children more equitably.
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SJR 770 and SJR 771 received negative recommendations from the Senate Judiciary Committee as to amending the constitution to authorize casino gambling in Memphis and as to amending the constitution to authorize casino gambling statewide, respectively.
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Senate Environment, Conservation and Tourism Committee:
SB 2228 passed the Senate Environment Committee to increase the criminal penalty for hunting or shooting from a public road or shooting a firearm across or on any public road from a Class C misdemeanor to a Class A misdemeanor with punishment to be up to 30 days and a fine of up to $1,000. Senator Ketron co-sponsors the bill.
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SB 3218 by Senator Burchett passed the Senate Environment Committee to clarify that the lifetime sportsman license fee for children less than three years of age is not subject to periodic fee increases.
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Senate Transportation Committee:
SB 1871 by Senator Ron Ramsey (R-Blountville) passed out of Senate Transportation Committee to make aggressive driving a separate offense, punishable as a Class A or B misdemeanor depending on whether there was intent to injure a person. The offense would require a violation of one or more specified moving violations when the offending driver is also a hazard to another person or commits the moving violation with the intent to intimidate, injure or obstruct another person.
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SB 2065 by Senator Mae Beavers (R-Mt. Juliet) passed out of Senate Transportation Committee to name Exit 226 on I-40 at Mt. Juliet Road (S.R. 171) in Wilson County the Sergeant Jerry Mundy and Deputy John Musice Memorial Interchange in honor of two law enforcement personnel killed in the line of duty at the interchange when they were run over by a car that was the subject of a hot pursuit. Senator Mike Williams (R-Maynardville) co-sponsors the measure and steered the bill through committee.
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SB 2293 passed out of Senate Transportation Committee 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.
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SB 3458 passed out of Senate Transportation Committee to revise provisions governing when the Transportation Department may settle with a contractor and close a project.