April 2, 2004
For more details on bills, visit the legislative website at http://www.legislature.state.tn.us.
Senate Republicans Ready for Workers' Comp Reform
NASHVILLE-Senate Republicans stand ready to move this state forward with a comprehensive Workers' Compensation Reform bill sponsored by Senator Mark Norris (R-Collierville). The bill, Senate Bill 3169, can carry the Worker's Compensation Reform legislative package needed this year.
Senate Republican Caucus Chairman Ron Ramsey (R-Blountville), a co-sponsor of the bill, stated: "We in the Senate Republican Caucus have been waiting patiently for a bill to come out of the Ad Hoc Workers' Comp Committee. We are ready to move forward with Senator Norris's bill that we believe offers comprehensive Workers' Compensation Reform. Time is growing short and we need to start moving forward on this vital issue."
The governor has stated repeatedly that he wants to see a Workers' Comp Reform bill on his desk so he can sign it this year to help keep jobs in Tennessee and to bring in new jobs.
Senator Norris's bill would, among other reforms, address permanent partial disability multipliers, reduce litigation by mandatory benefits review, and strengthen the presumption in favor of treating physicians.
Already signed on as co-sponsors of the bill are Senate Republican Leader Ben Atchley (R-Knoxville), and Senators Randy McNally (R-Oak Ridge), David Fowler (R-Signal Mountain), Tim Burchett (R-Knoxville), Jim Bryson (R-Franklin), Bill Ketron (R-Murfreesboro), Steve Southerland (R-Hamblen County), and Rusty Crowe (R-Johnson City).
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Charitable Raffles Bill Goes to Conference
In other action this week on Nashville's Capitol Hill, the Senate took up Senate Bill 3212, which would enact the Tennessee Charitable Gaming Implementation Law, on Monday after the bill returned from the House where it underwent substantial amendments. The Senate did not concur in all nine of the House amendments and thus sent it back to the House which refused to recede in its action. That set the stage for a conference committee to be appointed. The five Senate conferees will try and resolve differences between the two bodies.
Senator Ben Atchley (R-Knoxville) is a co-sponsor of the bill. He and Senator Bill Ketron (R-Murfreesboro) were the two Republican Senators appointed as Senate conferees. Senator Ketron received his assignment as a conferee because of his years of involvement in civic and non-profit organizations. The conference committee was to begin meeting after session Thursday and hopes to cobble together a majority conference committee report for consideration sometime next week.
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Norris Bill Seeks to Boost Rural Economic Development
SB 1161 by Senator Norris, which enacts the Tennessee Processing Cooperative Law, unanimously passed the Senate Thursday to facilitate private investment in rural technology.
The Tennessee Processing Cooperative Act permits the formation of limited liability cooperatives approved by the Commissioner of Agriculture to promote Tennessee products.
"Farmers need to attract and participate in outside investment in order to develop the necessary technology that will add value to their products," stated Senator Norris. "Current farm cooperative law in Tennessee prohibits non-farm investors. Agriculture needs this boost."
Similar laws have recently been adopted in a number of other states competing with Tennessee for agricultural business, the number one industry in the state.
Senator Norris has been an ardent advocate for farm issues and has been working on this particular issue for over a year.
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Senate Bans State Recognition of Civil Unions
Senate Bill 2661 by Senator Jeff Miller (R-Cleveland) passed the full Senate Wednesday by an easy 27-2-4 vote to prohibit Tennessee from legally recognizing same-sex civil unions and same-sex domestic partnerships that were entered into in another state. Senators Mae Beavers (R-Mt. Juliet) and Ketron are co-sponsors of the bill.
Since 1996 Tennessee has had a state version of the Defense of Marriage Act which statutorily defines marriage as being between one man and one woman. However, over time the debate shifted. Vermont now allows civil unions and Massachusetts is looking at that as an option in response to recent decisions by its activist judges. This bill extends Tennessee current public policy to include a statement that Tennessee does not recognize civil unions or domestic partnerships.
Senator Miller was the Senate prime co-sponsor of the 99th General Assembly's SB 2305/HB 2907 which established what is now Tennessee's legal definition of marriage. That measure became Public Chapter 1031 in the Acts of 1996. That act, once codified into law, is Tennessee Code Annotated 36-3-113 and establishes that the legal union in matrimony of only one man and one woman shall be the only recognized marriage in Tennessee.
SB 2661, if approved by the House of Representatives, would add to the 1996 statute the following language: "If another state or foreign jurisdiction recognizes a civil union or a domestic partnership between individuals of the same sex, which relationships are prohibited in this state, any such civil union or domestic partnership shall be void and unenforceable in this state" and "A civil union or a domestic partnership between individuals of the same sex is not a legally recognized relationship in this state."
Senator David Fowler (R-Signal Mountain) was also a Senate prime co-sponsor of the 1996 bill to define marriage by statute. Senators Ramsey, Beavers, Burchett and Micheal Williams (R-Maynardville), members of the state House of Representatives at that time, were co-sponsors of the 1996 House companion bill, HB 2907.
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Sponsor Revives Abortion Language Amendment
Abortion Language Resolution Vote Had Been Put Off
Senator David Fowler (R-Signal Mountain), sponsor of Senate Joint Resolution 127 to hold a people's referendum on adding to the state constitution language regarding abortion, had put off a vote on the resolution three weeks ago and sent the measure back to Calendar Committee because a hostile amendment was added to it on the Senate floor.
Last week, Senator Fowler revived the measure by requesting it be brought back out of Calendar Committee for further consideration of a possible compromise amendment and it was set on Wednesday's calendar.
After lengthy floor debate and repeated attempts to harm the resolution, the Senate adopted Senate Amendment 9 by voice vote. The measure finally cleared its final parliamentary hurdle and passed by a vote of 23-6, with more than two-thirds of the 33-member Senate voting for passage of the bill. It now goes to the 99-member House of Representatives. The language of the proposed amendment that would be put to the people now reads: "Nothing in this Constitution secures or protects a right to abortion or the funding thereof. The legislature shall have the sole authority to make and shall make such provisions for abortion as it determines reasonably necessary for victims of rape, incest, and to save the life of the mother."
[ http://www.legislature.state.tn.us/bills/currentga/Amend/SA0737.pdf ]
If the House approves the measure this year, it would also need to be passed by the next (the 104th) General Assembly by two-thirds of each house at which point it would be put on the November 2006 election ballot to be held along with the governor's race.
Senator Rusty Crowe (R-Johnson City) is a prime co-sponsor of the resolution.
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FW&M Sends SJR 27 to Judiciary
Senate Joint Resolution 27, in Senate Finance, Ways and Means Committee since last year, has now been referred to Senate Judiciary Committee for possible amendment. SJR 27 by Senator David Fowler (R-Signal Mountain) would urge Congress to pass a federal constitutional amendment to define marriage exclusively as a "union of a man and a woman."
On May 21, 2003, the Senate Finance, Ways and Means Committee had deferred action on the measure until 2004, the second year of the two-year-long 103rd General Assembly. SJR 27 remains viable.
The proposed Federal Marriage Amendment to the U.S. Constitution would read: "Marriage in the United States shall consist only of the union of a man and a woman. Neither this constitution or the constitution of any state shall be construed to require that marital status or the legal incidents thereof be conferred upon unmarried couples or groups."
Under the proposed federal amendment, state legislatures would retain the power to authorize or prohibit civil unions and domestic partnerships within their respective boundaries.
Article V of the U.S. Constitution, Mode of amendment, requires passage by three-fourths of the states, or 38 out of the 50 states, to change that constitution. To date, some 38 states have already adopted statutory provisions to protect the institution of marriage.
Senators Norris and Jim Bryson (R-Franklin) co-sponsor the measure.
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Sen. Southerland Urges Feds to Allow State Banking Control
Senator Steve Southerland (R-Hamblen County) joined a select group of state legislators and officials who traveled to Washington last week to urge the feds to allow the state to retain control over banking in Tennessee. While in Washington, members of the delegation met with Senator Bill Frist's office, with Senator Lamar Alexander, and with some of Tennessee's delegation in the U.S. House of Representatives, including Congressman Bill Jenkins of East Tennessee's Congressional District 1.
Recently imposed federal regulations by the Comptroller of the Currency would keep the state from passing meaningful legislation to crack down on predatory lending.
Legislators and other interested parties had worked for over a year on legislation to prevent lenders from using predatory lending practices.
Senator Southerland noted that Tennessee is often number 1 in the nation in bankruptcies and number 2 in the rate of divorce with the number 1 cause of divorce being attributed to financial problems.
In his first week on Capitol Hill in January 2003, Senator Southerland was called upon to lend his advice to fellow legislators as an expert witness about mortgage lending practices in Tennessee. He explained the theory, practices, and laws, rules and regulations that are already placed on the mortgage lending field.
Senator Southerland, President of Mortgage Federal Corporation in Morristown, has 24 years experience as a mortgage broker. He also holds a real estate license and an appraiser's license.
The General Assembly unanimously approved Senate Joint Resolution 699 in February to urge Congress to study the growing scope of federal preemption of the banking industry by the Office of the Comptroller of the Currency and to enact legislation, if necessary, to prevent such preemption and the unilateral expansion of jurisdiction of financial institutions without specific endorsement of the elected representatives of the U.S. Congress.
Republican Senators Bill Clabough (R-Maryville), Jim Bryson (R-Franklin), Mark Norris (R-Collierville), and Micheal Williams (R-Maynardville) were among co-prime sponsors of SJR 699. All members were added on the floor as sponsors of the measure.
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Health Insurance Risk Pool Study Bill Passes
SB 1884 by Senator Mark Norris (R-Collierville) came before the Senate Thursday and unanimously passed the Senate in order to create a new resource for individuals unable to qualify for TennCare or conventional commercial insurers. High Risk Pool insurance requires higher premium payments but provides coverage for many who cannot get it otherwise.
"People need peace of mind; they need options in health care. People with pre-existing conditions or catastrophic illness need care. This creates a new avenue to cost-effective health coverage," said Senator Norris.
Norris' legislation authorizes the Department of Commerce and Insurance to investigate alternatives and recommend a new program beginning next year.
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Panel Requires Sprinklers for Residential Homes
SB 2725 by Senator Bill Clabough (R-Maryville) passed out of the Senate General Welfare, Health and Human Resources Committee to require sprinkler systems in residential homes for the aged and assisted-care living facilities. A committee amendment exempts homes with less than 12 residents in a single-story facility. That exemption would not apply to any new construction.
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Bills, Bills, Bills
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All things considered: After action this week, the Senate has 3,494 Senate bills filed as of noon on Thursday (April 1), while the House has 3,587 bills. Resolutions: Senate Joint Resolutions now number up to 897; HJRs 1042; SRs 158; and HRs 313. The Senate has used 77 legislative days with the House having used 69 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 convenes Monday at 4:30 p.m. with the House convening at 5.
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Senate Floor Actions
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HB 2195/SB 2211 passed by unanimous consent of the Senate Monday to require trailers manufactured and sold within Tennessee, or sold within Tennessee, to have stamped upon the vehicle's metal tongue or frame a unique vehicle identification number beginning January 1, 2005. Currently, a removable tag is used, making them difficult to trace when misplaced.
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SB 2663 passed by unanimous consent of the Senate Monday to direct the Corrections Department in conjunction with Department of Personnel to study the issue of education and employment for persons convicted of non-violent criminal offenses and to require the departments to report findings by March 1, 2005, to House and Senate Education committees. According to the fiscal note bill summary, the study would include guidelines and qualifications for the state to consider in hiring nonviolent criminal offenders including tests and security measures an offender would need to meet and include measures that need to be taken to increase educational and skills training at youth and adult detention facilities for non-violent criminal offenders.
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HB 3010/SB 2701 passed by unanimous consent of the Senate Monday to reduce the required filings with the Department of Health for licensed residential health care facilities with six or fewer beds to one set of schematics instead of two sets of plans and specifications.
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SB 2716 by Senator Burchett passed by unanimous consent of the Senate Monday to add the offenses of child abuse and neglect where the child is six or less, and aggravated child abuse and neglect to the definition of a sexual offense for the purposes of defining persons required to register with the TBI's sexual offender registry.
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SB 3354 passed by unanimous consent of the Senate Monday to revise the manner in which an appointed director of a nonprofit corporation may be removed. According to the bill summary, present law authorizes any person who appoints a director of a corporation or association to remove the appointee with or without cause. This bill would authorize any corporation or association to establish other methods for the removal of an appointed director in the corporation's or association's bylaws.
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SB 3381 passed by unanimous consent of the Senate Monday to remove the current requirement that an assistant commissioner or service officer visit each county seat monthly within that person's congressional district and gives the commissioner or officer discretion in making monthly visits.
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SB 560 by Senator Fowler unanimously passed the Senate Monday to enact the Tennessee Uniform Trust Code.
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SB 2299 by Senator Randy McNally (R-Oak Ridge) unanimously passed the Senate Monday to clarify the procedure for police seizure of pawned items that have been stolen and for the return of those items to their legal owner.
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HB 2906/SB 2304 by Senator McNally unanimously passed the Senate Wednesday to require the person who prepares a juror compensation statement to also prepare, upon the juror's request, a statement to be sent to the juror's employer which shows the number of hours that the juror spent serving if service has been less than three hours.
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SB 3259, a limited predatory lending protection bill, unanimously passed the Senate Wednesday to require that contracts for home loans made by a nonprofit lender with a zero interest or low interest rate include language that prohibits refinancing the loan without the prior, written approval of the local board of directors of the nonprofit organization which financed the loan.
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SB 2205 by Senator Miller unanimously passed the Senate Wednesday to require the state Education Department to have a task force start on July 1 to determine how to standardize academic grades for 9-12 grades and report back the results by December 31. The board would also need to set up necessary rules and regulations. Local education agencies would have to comply with the policy. The issue has become relevant because of lottery scholarship criteria. Senators Ketron and Southerland co-sponsor the bill.
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SB 3229 by Senator Burchett unanimously passed the Senate Wednesday to create a Class A misdemeanor offense of tongue splitting by a person other than a licensed physician. An offense is punishable by fine.
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SB 3258 unanimously passed the Senate Wednesday to require vehicles transporting six or more children for a child care center to be equipped with a child safety monitoring device.
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HB 2782/SB 2735 unanimously passed the Senate Wednesday to define hardship for purposes of parental delegation of child care-giving authority to another adult.
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HB 2197/SB 2212 unanimously passed the Senate Wednesday to create a specific offense of vandalism of roads and bridges and to provide $250 rewards for reporting such vandalism.
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SB 2260 unanimously passed the Senate Wednesday to require that the Shelby County medical examiner be appointed by the county mayor from a list of a maximum of two doctors of medicine or osteopathy nominated by convention of the physicians (medical or osteopathic) resident in the county subject to the confirmation by a majority of the whole membership of the county legislative body.
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HB 2326/SB 2453, the county noise bill, passed the Senate 28-1-1 Wednesday to prohibit the operation of a sound amplification system in a motor vehicle that can be heard more than 50 feet from the vehicle with violations bringing a fine of up to $50. Logical exceptions apply.
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SB 2446 by Senator Mark Norris (R-Collierville) unanimously passed the Senate Thursday to remove language relating to the transfer of development rights in historic zones.
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HB 3487/SB 3432 unanimously passed the Senate Thursday 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 3280 passed out of Senate Finance and then unanimously through the full Senate Thursday to authorize the Tennessee Bureau of Investigation to sell intrastate criminal history information to the private sector and noncriminal justice agencies for $29 per name submitted for the purpose of offsetting expenditures related to operational costs of the TBI. The information is already public information.
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Selected Senate Committee Actions
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Senate Finance, Ways and Means Committee:
SB 3420 passed out of Senate Finance to allow the Commerce and Insurance Commissioner to require an insurer under administrative supervision to pay reasonable costs for supervision.
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Senate Education Committee:
SB 2114 passed out of Senate Education Committee to clarify eligibility provisions for lottery scholarship grants.
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Senate Transportation Committee:
SB 3231 by Senator Burchett passed out of Senate Transportation Committee to crack down on the abuse of disabled parking placards.
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