April 16, 2004
For more details on bills, visit the legislative website at http://www.legislature.state.tn.us.
Much has recently been reported about the United States Supreme Court's consideration of our reference to God in the Pledge of Allegiance. Reciting the Pledge in California public schools is alleged by Michael Newdow, an atheist, to violate the United States Constitution. I disagree, and I believe the Court will, too.
While we await the Court's ruling, which will be handed down later this year, many of you have wondered whether Tennessee public school students could be prohibited from reciting the Pledge of Allegiance as a result of this litigation.
I am proud to have sponsored the Tennessee law which mandates that our children not only learn, but recite, the Pledge of Allegiance in school each day. It is an important part of our civic heritage and patriotic duty. For many, it speaks to our religious heritage as well.
TCA Sec. 49-6-101 requires all public school teachers to instruct their pupils and have them study the purposes and methods of displaying the American Flag as well as the history and usage of the Pledge of Allegiance to the flag of the United States of America. As amended, the law requires recitation and also encourages the presence of a flag in each classroom. Students or teachers who object to participating in this important exercise on religious, philosophical or other grounds are exempt.
In anticipation of the type of judicial attack mounted by California's 9th Circuit Court of Appeals which ruled against recitation of the Pledge of Allegiance, we requested an opinion from the Tennessee Attorney General who agreed we are on solid ground.
I recently reflected upon the significance of this law while attending a meeting of the PTA at Collierville Elementary School. I saw it in action. Several hundred students, their parents, teachers and I, were present to witness a Marine Corps Sergeant, just home from Iraq, present the student body with the American Flag his battalion had flown while in combat. The students at Collierville Elementary had corresponded with him while he was at war, and he returned to thank them for their encouragement and support during that difficult time.
We stood together in the school gymnasium and recited a prayer and the Pledge of Allegiance that night. The Sergeant was nearly moved to tears. So were the rest of us. I thought about those who would deny us our freedom, our history and our hope for future generations of young Americans instilled with a sense of patriotic purpose and pride. What if the Michael Newdows of this world win? Could we still share what we experienced together that night? Would our children ever be able to understand the full significance of what those stars and stripes truly mean?
The students of Collierville Elementary came to a better understanding that night. As a state lawmaker who helped strengthen the law which made that moment possible, I thank God for the opportunity to have done so.
Number 9: Days Left
Countdown to End of Session
NASHVILLE-This week on Nashville's Capitol Hill, the Senate used Legislative Day 80 on Monday and Legislative Day 81 on Thursday, leaving just nine days to complete Senate business in the 103rd General Assembly. The House of Representatives has 15 days left.
"We're now down in the single digits," stated Senator Micheal Williams (R-Maynardville). "That's not a good thing. This isn't some golf game. Phileas Fogg went around the world in 80 days, one day less than what the Senate has used so far. But then Phileas Fogg was quite a stickler for punctuality. We need to get busy and get our work done. The funding numbers we need for finalizing the budget should be on the table shortly."
Three big items left for the 103rd General Assembly are the appropriations act to authorize spending the money in the budget along with any underlying bond bills that may be necessary. Revenue collections are painting a much better picture than in the last two years.
A second big item is contained in two proposed TennCare bills that would implement Governor Bredesen's TennCare Reform measures and which are now in committees.
And then there's Workers' Compensation Reform.
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Workers' Comp Reform: Is Job Growth
Permanently and Totally Delayed?
Senate Republicans remain quite concerned that opponents of any real Workers' Compensation Reform are trying to run out the clock in order to prevent passing meaningful legislation this year that would significantly improve job opportunities and prompt payment to injured employees in Tennessee.
"We are quite concerned. The Senate has nine days left. Count them. There are only nine paid legislative days left this year for the Senate to complete its business," stated Senator Mark Norris (R-Collierville).
"I have brought a comprehensive Workers' Comp Reform Bill to encourage a healthier business climate in the state so that more people can get back to work in productive jobs."
At this week's Joint Oversight Committee hearing, Linda Hughes, executive director of the Workers' Compensation Advisory Council, called the Norris bill "the most comprehensive proposal before the legislature."
To safeguard existing jobs and encourage economic development in the state, Senator Norris has guided his comprehensive workers' comp reform bill through the appropriate committees. Opponents who are trying to derail comprehensive workers' comp reform have yet to present anything.
"If opponents can't come up with their own bill, Democrat legislators should at least support the Governor who agrees with Republicans and right-thinking Democrats that we need reform."
Republicans want real workers' comp reforms that help employees and employers and protect jobs and economic development in Tennessee.
Senator Mark Norris (R-Collierville) is sponsoring Senate Bill 3169 which addresses comprehensive worker's compensation reform legislation. Senator Norris's bill specifically addresses permanent partial disability multipliers, reduction of litigation by mandatory benefits review, and it strengthens the presumption in favor of treating physicians. A key feature that benefits injured workers is that it strengthens prompt pay protections by increasing penalties for late payments.
"Delay in pay has been a recurring refrain from injured workers on what is wrong with the workers' comp system. Workers who are injured on the job should be provided for promptly and fairly," stated Senate Republican Caucus Chairman Ron Ramsey (R-Blountville). "Senator Norris wisely included tough penalties on scofflaws who don't pay injured workers."
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Nursing Home Protection Bill Approved
HB 3415/SB 3294 passed out of Senate Finance Committee on Tuesday and then passed by unanimous consent of the Senate Thursday to require nursing homes that are not fully sprinklered to install smoke alarms or detectors in every patient room within 90 days of the effective date of the act. Also, they must submit a plan for fully sprinklering the facility within six months for multi-story facilities or within 11 months for single-story facilities. The bill also makes failure to submit a sprinkler plan grounds for discipline or licensure action.
Senate Republicans co-sponsoring this bipartisan nursing home protection bill include Senators Bill Clabough (R-Maryville), Randy McNally (R-Oak Ridge), and Bill Ketron (R-Murfreesboro).
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A Bill for Gizmo
Sen. Ketron Hopes to Present Proposal before Judiciary Tuesday
Senator Bill Ketron (R-Murfreesboro) hopes to present to the Senate Judiciary Committee as early as this Tuesday an aggravated animal cruelty bill that appeared dead earlier in the year due to a fiscal note. The Gizmo Bill is Senate Bill 3028 and is co-sponsored by Senate Judiciary Chairman Curtis Person (R-Memphis) and Senate State and Local Government Chairman Steve Cohen (D-Memphis).
Senator Ketron stated, "People who commit aggravated animal cruelty often go on to commit similar offenses against children, elderly people, and other innocent victims. Society needs to apply an appropriate punishment to show we take these offenses seriously. Charging first offenders with a felony offense sends an unmistakable message to everyone, not just the offender, that such behavior will not be tolerated."
Senator Ketron is the past national president of the National Exchange Club and the current national president of the Exchange Club Foundation for the Prevention of Child Abuse.
SB 3028 would increase the penalty for a first offense of aggravated animal cruelty from a Class A misdemeanor to a Class E felony.
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National Guard Tuition Assistance Bill Becomes Law
Senate Bill 127 to enact the Tennessee National Guard Tuition Assistance Act was set for ceremonial signing by the governor for Thursday, April 15. The measure, sought for several years, is designed as an aid in recruiting and retention. All Senate members added on as sponsors in final Senate floor action.
Senator Rusty Crowe (R-Johnson City), 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, "This is very good news. We have pushed for passage of tuition assistance for veterans for years. It's wonderful to finally see it this far along in the process. I appreciate Governor Bredesen for making it such a high priority."
The Secretary of State has issued Public Chapter 477 for the bill. A copy may be found online at http://www.legislature.state.tn.us/bills/currentga/Chapter/PC0477.pdf . It would become effective on July 1, 2004, and is funded in the proposed budget and amendments.
Previous Tuition Assistance measures in 2001 and 2002 came close to passage, drawing bipartisan support, but subsequently fell prey either to a lack of state funding or else the funding was later cut from the budget in final adjustments to the appropriations act.
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Retiring Veteran-Legislator Honored
Construimus, Batuimus -- "We Build, We Fight"
Senate Bill 3137 by Senator Tim Burchett (R-Knoxville) passed out of Senate Finance Tuesday and then unanimously passed the full Senate Thursday to name the new state veterans home in Knoxville in honor of retiring veteran-legislator Senate Republican Leader Ben Atchley (R-Knoxville).
Senator Atchley honorably served his country for 10 years from 1948-1958 in the U.S. Naval Reserve. He was a SeaBee which derives from the initials CB for Construction Battalion. Senator Atchley was called to the well of the Senate where Senator Burchett presented him with a "SEABEE" license plate to mark the occasion.
All members were added to the bill.
SB 2674 by Senator Burchett also passed out of Senate Finance and then passed the full Senate Thursday to name a bridge over the Tennessee River in Knoxville the Senator Ben Atchley Bridge.
All members were added to the bill.
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Senate Floor Actions
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HB 3500/SB 3407 passed by unanimous consent of the Senate Monday to enact the Minority Health Act of 2004.
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HB 3489/SB 3408 passed by unanimous consent of the Senate Monday to allow public health nurses and nurse practitioners to apply fluoride varnish to the teeth of at-risk, underserved persons in or under the auspices of a state, county or municipal public health clinic.
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HB 1751/SB 1591 unanimously passed the Senate Monday to exempt from nursing statutes individuals who are trained to assist others with developmental disabilities or retardation with the self-administration of noninjectable medications in programs or residential facilities licensed by the Department of Mental Health and Developmental Disabilities and contracted with either that department or the Department of Finance and Administration under the Medical Assistance Participation Agreement or the Division of Mental Retardation Services.
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SB 2113/HB 2184 failed in the Senate Monday with 13 no votes, 11 ayes and 2 present not voting. The bill would have prohibited transporting loose dogs in the bed of a pickup truck on interstate highways.
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HB 2161/SB 2876 unanimously passed the Senate Monday to provide for local education agencies to include in their student handbooks and other information disseminated to parents contact information on child advocacy groups and how to contact the Department of Education for information on student rights and services. A Senate amendment authorizes LEAs to exhaust existing supplies of handbooks before distributing ones with the contact information.
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SB 3244 unanimously passed the Senate Monday to add additional duties and powers to the Office of the Comptroller regarding local governments.
HB 2547/SB 2380 unanimously passed the Senate Monday to revise the procedures for filing, registering and recording documents in the offices of county registers.
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SB 2137 passed by unanimous consent of the Senate Thursday to increase to 180 days the current 90-day extension of the deadline for the payment of property taxes, professional privilege taxes, and Hall income tax for members of the Armed Forces and Reserves serving overseas on active duty. Senator Crowe co-sponsors the bill.
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HB 2428/SB 2208 by Senate Education Chairman Randy McNally (R-Oak Ridge) passed out of the Senate Finance Committee Tuesday and then passed by unanimous consent of the Senate Thursday to allow all school board members to participate in group insurance, if they pay the total monthly premium for the coverage the member selects.
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HB 2435/SB 2455 by Senator Steve Southerland (R-Hamblen County) passed the Senate 24-6-1 Thursday 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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HB 3480/SB 3418 passed out of the Senate Finance Committee and then unanimously passed the full Senate Thursday to revise the franchise and excise tax laws regarding job tax credits.
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HB 3528/SB 3426 unanimously passed the Senate Thursday to authorize the Office of Homeland Security to apply to the Commissioner of Safety to commission certain Homeland Security officers as peace officers. Senator Burchett is a co-sponsor of the bill.
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SB 3455 passed out of the Senate Finance Committee and then unanimously passed the full Senate Thursday to establish registration requirements for mortgage loan originators and to revise other provisions governing residential lending, brokerage and services.
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SB 3332 by Senators Mae Beavers (R-Mt. Juliet) and McNally passed the Senate 30-0-1 Thursday 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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Bill Watch List
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Appropriations Bills:
SB 3415/HB 3551, an appropriations bill, is available to carry the administration appropriations bill and other amendments. A number of back-up bills are available if needed.
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TennCare Bills:
SB 3392/HB 3513 and SB 3394/HB 3512, bills capable of carrying the administration TennCare proposals and amendments, are under review by legislators and committees at this time. The TennCare Oversight Committee is set to convene Monday, April 19, at 2 p.m. in Legislative Plaza Hearing Room 31 to hear two hours of public comments on Governor Bredesen's TennCare proposals and amendments. Joe White of The Nashville Bureau has graciously allowed us to link for convenient public access to a copy of the 27-page amendment posted online at his web page at www.nashvillebureau.com <http://www.nashvillebureau.com/> . Look under "Your access to amendment HB 3513" and click it. Just thank Joe.
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Workers' Compensation Bills:
SB 3003/HB 2956, a workers' compensation bill, is available to carry either an agreed-upon administration amendment or a compromise between parties for worker's compensation reform if one ever surfaces. SB 3169, the Norris Workers' Comp Reform Bill, could also be used by the administration, with the permission of Senator Norris, to carry an appropriate administration amendment for workers' compensation reform if another workers' comp bill is not readily available as a vehicle.
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Tort Reform Bills:
SB 605 by Senators Norris and McNally
SB 996 by Senator Norris, and
SB 3272 by Senator Norris.
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