April 9, 2004 

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

Charitable Raffles Bill Approved 

NASHVILLE—This week on Nashville’s Capitol Hill, the Senate took up on Monday the Conference Committee Report for Senate Bill 3212 to enact the Tennessee Charitable Gaming Implementation Law.  The Senate adopted the conference committee report 23-6 and sent the report to the House which also adopted it 63-33-2 Monday evening.

            Senator Ben Atchley (R-Knoxville), a co-sponsor of the bill, and Senator Bill Ketron (R-Murfreesboro) served as the two Republican Senators on the conference committee.

The Secretary of State’s page has been updated to indicate that application forms for 501(c)3 organizations that wish to apply for annual raffle events will be posted at http://www.state.tn.us/sos/charity.htm as soon as the bill becomes law.

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Senate Republicans are continuing their push for workers’ comp reform this year by bringing a comprehensive bill to the table before it gets too late in session to complete reforms that help employers, employees, and protect jobs and job creation in Tennessee.

“Opponents of true workers’ comp reform are trying to run out the clock,” stated Senate Republican Caucus Chairman Ron Ramsey (R-Blountville).  “If we do not start work very soon on a comprehensive Workers’ Comp Reform Bill, it will be too late for meaningful reform this year.  This state does not deserve cosmetic legislation disguised as comprehensive workers’ comp reform.  We will not support expected sandbag legislation dressed up and touted as real reform.  Tennesseans deserve legislation that addresses the real issues.  We have legislation addressing those real issues in Senator Norris’ Workers’ Comp Reform Bill.”

Senator Mark Norris (R-Collierville) has Senate Bill 3169 ready to go with an amendment filed last week that addresses all of the areas needed for comprehensive worker’s compensation reform legislation this year.  Senator Norris’s bill addresses permanent partial disability multipliers, reduction of litigation by mandatory benefits review, and it strengthens the presumption in favor of treating physicians.  It also strengthens prompt pay protections for injured workers.

            It provides for significant worker protection from slow-paying employers or their Workers’ Comp Insurance carriers by applying steep penalties for late payments.  Slow pay is the number one complaint from injured employees about the current workers’ comp system.

            Section 11 of the Norris amendment states:  “Any employer or such employer's insurance carrier who fails to pay compensation as herein provided shall suffer a penalty on any unpaid installments of 15% on payments that are paid between 15 days and 20 days after the payment is due, 20% on payments that are paid between 21 days and 30 days after the payment is due, and 30% on payments that are paid more than 30 days after the payment is due.”

            Co-sponsors include Senate Republican Leader Atchley 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), Rusty Crowe (R-Johnson City), Ramsey, and Jeff Miller (R-Cleveland).

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Judiciary Passes Serial Sex Offender Bill

Senator Tim Burchett (R-Knoxville) presented SB 2473, the Serial Sex Offender Bill, before the Senate Judiciary Committee Tuesday (April 6).   The committee recommended the bill for passage by a 7-0-2 vote to allow evidence of a defendant's prior conviction of a sex offense when the victim was less than 13 if the defendant is currently being tried for a sex crime in which the victim is less than 13, subject to Tennessee Rule of Evidence 403 and the state's giving notice at least 15 days before trial or later as the court may allow for good cause.

“This bill gets at the very heart of the serial sex offender problem by exposing the past records of those who choose to target young people as victims,” stated Senator Burchett.

The bill now goes before the Senate Finance, Ways and Means Committee.

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Senior Citizen Homestead Exemption Advances

            SJR 71 by Senators Mark Norris (R-Collierville) and Bill Ketron (R-Murfreesboro) cleared its second committee hurdle Tuesday when it unanimously moved through the Senate State and Local Government Committee to start the process to amend the state constitution to allow a property tax break to senior citizens.  It cleared its third committee hurdle Wednesday when it moved out of Tax Study Subcommittee.  The Senior Citizen Homestead Exemption would render constitutional a 1979 statute struck down in 1980 by a Shelby County Chancery Court.  It would give county and municipal governments the authority to adopt an ordinance or resolution freezing the assessed value of a citizen's principal place of residence at the value assessed during the year in which the homeowner turns 65.  Property taxes are still to be paid but capped for those with incomes below an amount to be established by statute.

“The state should not be in the business of forcing senior citizens on fixed incomes out of their homes.  Too many of our senior citizens are taxed right out of their homes due to assessments being inflated as the result of new growth and inflation,” says Senator Norris.

If SJR 71 is adopted by a majority of the House and Senate this year and, again, by two-thirds in the next General Assembly, it would be on the 2006 gubernatorial election ballot.

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Sen. Person Moves Two Bills to help Shelby Citizens

            Senator Curtis Person (R-Memphis) moved two bills affecting only Shelby County out of Tax Study Subcommittee.  SB 1337, an elderly tax relief bill, would apply to those over 70 with income under $25,000 a year.  The bill would allow a qualified individual to transfer a home to Shelby County government and then lease it back for $1 a year.  The individual or the estate of the individual could purchase the home back later for $1.  A payment in lieu of taxes (PILOT) would then be frozen to what was in effect on the person’s 70th birthday.  SB 2365 would allow individuals to file a direct tax appeal with the state Board of Equalization electronically.  Currently, a rule only allows it for those who file over 100 appeals.

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Bills, Bills, Bills

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All things considered:  After action this week, the Senate has 3,498 Senate bills filed as of noon on Thursday (April 8), while the House has 3,589 bills.  Resolutions: Senate Joint Resolutions now number up to 924; HJRs 1061; SRs 192; and HRs 322.  The Senate has used 79 legislative days with the House having used 72 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 Monday at 5 p.m.

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Senate Floor Actions

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SB 3066 by Senator Ron Ramsey (R-Blountville), as amended, unanimously passed the Senate Monday to authorize the issuance of emergency special license plates to trauma physicians and to require a statement from a hospital or trauma center that the applicant practices medicine in order to obtain the emergency license plate.

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SB 3451 unanimously passed the Senate Monday to require that guardians ad litem and nonlawyer special advocates receive appropriate training before guardianship appointments.  Senator Curtis Person (R-Memphis) is a co-sponsor of the bill.

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HB 189/SB 1716 unanimously passed the Senate Monday to revise sex discrimination employment law.  Senator Person is a co-sponsor.

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HB 2900/SB 2670 passed the Senate 28-2 Monday to revise the method for a tobacco manufacturer who is not participating in the Master Settlement Agreement to use in establishing an overpayment of funds into an escrow account and thus have such excess funds released from escrow and revert back to the manufacturer.  According to the bill summary,  present law requires tobacco manufacturers to either participate in the Master Settlement Agreement or annually place funds into escrow for each unit of tobacco product sold.  The purpose of the escrow account is to pay any future judgments against the non-participating tobacco manufacturer.  If a tobacco manufacturer escrows an amount above the state’s share of the total payments that the manufacturer would have paid under the Master Settlement Agreement before any adjustments, the tobacco manufacturer is entitled to take back the difference.  This bill would revise the above provisions to specify that nonparticipating tobacco manufacturers must escrow funds based on the units of product sold in Tennessee.  Also, this bill would require that any adjustments for overpayment or underpayment in the previous four years be applied to the balance of a nonparticipating tobacco manufacturer’s annual escrow deposit before any release of escrowed funds is permitted.  Republican Senators Person, Bill Clabough (R-Maryville), Ramsey, Mike Williams (R-Maynardville), Mark Norris (R-Collierville) and Jeff Miller (R-Cleveland) are co-sponsors of the measure.

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SB 2115 passed through unanimous consent of the Senate Thursday to add the Select Committee on the Tennessee Education Lottery Corporation to the committees which review the governor's proposed appropriations for educational programs and purposes prior to final action by the Finance, Ways and Means committees.

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SB 3420 passed through unanimous consent of the Senate Thursday 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 2439 by Senator Burchett passed Senate Finance Committee and then unanimously passed the Senate Thursday to exempt diversified investing funds from the excise tax.

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SB 3215 by Senators Atchley, Fowler, Crowe, and McNally passed out of Senate Finance Committee and then unanimously passed the Senate Thursday to exempt from use tax federally owned property brought into Tennessee to be tested or used in testing by a Tennessee business on a temporary basis.

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Selected Senate Committee Actions

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Senate State and Local Government Committee:

SB 3332 by Senators Mae Beavers (R-Mt. Juliet) and McNally passed out of Senate State and Local to clarify that the administrative head of a public institution of higher education has the authority to designate a reasonable number of easily accessible areas within buildings on campus where smokers are permitted to smoke instead of requiring an area be designated in each building.

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