January 22, 2004 

For more details on bills, visit the legislative website at http://www.legislature.state.tn.us.

Second session of 103rd GA under way

NASHVILLE--This week on Capitol Hill marks the second week of the second annual session of the 103rd General Assembly which convened at noon on Tuesday of last week (Jan. 13, 2004). Members have been busy starting up committees for the new session year, preparing bills for introduction, reviewing legislation already introduced, and finalizing plans for this legislative session.

Four big issues facing the legislature this year are the budget, TennCare reform, teacher compensation equity, and follow-on legislation for the lottery which began operating this Tuesday (Jan. 20, 2004). Workers' compensation reform is another item on the table for discussion and consideration this year.

* * *

Some Highlights of Senate Committee Actions - Week of Jan. 19, 2004 Senate Finance, Ways and Means Committee: Senate FW&M members heard a presentation from the comptroller about the status of revenue collections which are coming in above projections this fiscal year. Fiscal year collections may bring in an estimated $150 million above the originally budgeted estimates. Discussions are under way regarding the nature of the use of those revenues in closing out this fiscal year and for the next budget cycle. Discussions center on the use of the additional revenue as one-time money in this fiscal year. Projections for the next fiscal year are for revenue growth of approximately 4 percent for a total of some $500 million in new revenue for the next fiscal year.

* * *

Senate Commerce Committee:

Members heard presentations from interested parties on the recent federal preemption of state banking laws for national banks. The federal rule, set to take effect on Feb. 13, may seriously impact planned consumer protection legislation by the state to prohibit certain predatory mortgage lending practices.

* * *

Senate Judiciary Committee:

SB 2080 passed unanimously out of the Senate Judiciary Committee to require that an attorney who is performing the duties of a private investigator must be licensed as an attorney in Tennessee and be in good standing in order to qualify for the statutory exemption from licensing as a private investigator.

* * *

Senate State and Local Government Committee:

The Senate State and Local Government Committee passed seven separate Senate Joint Resolutions (SJR 629 through SJR 635) unanimously to confirm the appointments of the directors of the Tennessee Education Lottery Corporation. The matter now moves to the full Senate floor. The unanimous confirmations by the committee only followed after an intense questioning session by committee members. During those committee hearings, committee members required lottery officials to provide detailed answers to justify salaries paid to top-level lottery officials that many consider to be exorbitant.

* * *

Bill Filing Deadlines Loom: Members of the Senate were able to file an unlimited number of bills up to the first cut-off at the close of business on Thursday, Jan. 22, 2004. After that unlimited cut-off point, members can only file nine general bills. The 9-bill limit does not affect local bills and most resolutions. The nine-bill limit cut-off date is the 10th legislative day by rule. That projected cut-off date is Feb. 5, 2004, under the current schedule.

* * *

Bills, Bills, Bills

Picking up from last year's action: During the first year of the 103nd General Assembly, the Senate dealt with 2,050 Senate Bills while the House dealt with 2,133 House Bills. Senate Joint Resolutions totaled 624; House Joint Resolutions totaled 727; Senate Resolutions totaled 109; and House Resolutions totaled 212. Bills and Resolutions that were introduced by the end of session in 2003 or which have passed one house, but not the other, during 2003 are still viable for consideration during 2004. The Secretary of State assigned 418 Public Chapters in the first year of the 103rd General Assembly for bills which passed both houses of the General Assembly in the same form and which subsequently became law as Public Acts of 2003. Thus, numbering will begin at Public Chapter 419 for the first Public Act passed in 2004. The Secretary of State also assigned 65 Private Acts in the first year of the 103rd General Assembly and numbering will begin at Private Chapter 66 for the first Private Act passed in 2004. Although passed by the General Assembly, Private Acts only affect a subdivision of the state, such as a specific county or specific municipality.

Days Used, Days Left: During 2003, the first year of the 103rd General Assembly, session ran from Tuesday, January 14, 2003, until Thursday, May 29, 2003. The second year began on the second Tuesday of January 2004 (January 13, 2004) and leadership anticipates adjournment sine die of the 103rd General Assembly in late April or early May 2004. Through the end of the first year of session, the Senate used 47 of its 90 paid legislative session days and the House used 42 paid legislative days. Article II, Section 23 of the state Constitution provides for 90 paid regular legislative session days for every two-year-long General Assembly.

All things considered: After action this week as the first bill-filing deadline neared, the Senate has 2,658 Senate bills filed as of 10:00 a.m., while the House has 2,637 bills. Resolutions: Senate Joint Resolutions now number up to 693; HJRs 783; SRs 112; and HRs 221. Through Thursday (January 22), the Senate has used 51 legislative days out of the 90 allowed every two years under Article II, Section 23 of the Constitution for a regular session with the House having used 47 days. The Senate and House adjourned Thursday and return for session at 5 p.m. on Monday.

Shorts & Topics: Bills, Proposed Bills, Media Mentionables

Budget, budget, budget. The General Assembly anticipates hearing the governor's Budget Address and State of the State Address on Monday, Feb. 2, 2004.

Other bills which may be up for discussion and consideration this year run the gamut from annexation, to bail bondsmen, to child support and visitation, to constables, through the court systems to drivers license, drugs, economic incentives, education, environment, farming, guns, marriage, noise in rural areas, nursing homes, open containers, safety, tax issues, telecommunications, tort reform, transportation, to water woes in rural areas, to workplace issues.

Featured Issue Opinion: Tax Relief for Senior Citizens

By Senator Mark Norris (R-Collierville) from Senate District 32 (Dyer, Lauderdale, Tipton, and Shelby County)

While efforts to reform or replace TennCare will necessarily occupy much of the legislature's time during the upcoming session, other important issues must not be neglected. Among the issues upon which a majority of the General Assembly may not readily agree are the need to reform our workers' compensation laws without which Tennessee will continue to lose jobs to surrounding states. There must also be continued scrutiny of the need for tort reform as increasing numbers of Tennesseans, particularly physicians, lose confidence in the judicial system. This adversely affects not only physician retention and recruitment, but individual access to affordable health care as well. One of the most important issues upon which I hope we can all agree, however, is the need to provide senior citizens with some relief from skyrocketing property taxes. As property taxes continue to rise, many older residents feel "punished" for a lifetime of fiscal responsibility. The solid investment in their homes seems to come back to haunt them. Those on fixed incomes are hit hardest because they do not have extra income to pay the increased tax assessed upon the appreciated value of their home. Senior citizens should not have to choose between paying for their prescriptions or paying property taxes. That is why it is time for a senior citizens' Homestead Exemption in Tennessee. It is time for Tennessee to join the ranks of other states across the nation which "freeze" the amount of property tax imposed at the amount assessed upon the taxpayer's principal place of residence in the year the taxpayer turns 65. Citizens frequently express frustration at the lack of such an exemption and demand that local lawmakers do something about it. But state action is required. Such an attempt was made in Nashville 25 years ago, but the statute adopted was ruled unconstitutional and, therefore, it was never applied. The court found that the Tennessee Constitution prohibits distinctions between taxpayers based on age or income. Article II, Section 28, requires that all property be taxed according to its value and that such taxes be equal and uniform. That can only be changed if the Constitution is amended. I have filed the legislation necessary for a referendum to amend the Tennessee Constitution to provide tax relief for seniors. We must approve this legislation in two successive sessions. If passed this year and next, a constitutional amendment for the Homestead Exemption could be on the ballot in 2006. I believe Tennesseans deserve the opportunity to vote on this important issue. Whether to encourage home ownership and recognize the sacrifice of our seniors seems just as important as the recent decision to implement lottery scholarships for students. The process for amending our Constitution is the same. It has been nearly a generation since the General Assembly first determined that 65-year-olds deserve credit for a lifetime of sound investment in their homesteads. Now it is time to deliver.