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April 1, 2005For more details on bills, visit the legislative website at http://www.legislature.state.tn.us. Upcoming Events
Second Annual Flapjacks & Friends Pancake Breakfast Join Senator Norris for a complimentary breakfast! Saturday, April 9 7:00 a.m. to 9:00 a.m. Arlington Methodist Church 6145 Quintard Street Arlington, Tennessee Bring Family and Friends! * * * * * * * * * * Historical State Marker Dedication for Kerrville Presbyterian Church Saturday, April 9, 2005 at 2:00 p.m. (near Millington) * * * * * SJR 127 Abortion Amendment Approved by Panel NASHVILLE—This week on Capitol Hill, Senator David Fowler (R-Signal Mountain) moved Senate Joint Resolution 127 through the Senate Judiciary Committee with a 7-1-1 vote to allow the people to decide on whether to add language to their state constitution to protect the rights of the unborn. Senator Raymond Finney (R-Maryville) is a co-prime sponsor of the measure. The people would vote yes or no on whether or not to add the following wording: “Nothing in this Constitution secures or protects a right to abortion or requires the funding of an abortion.” If SJR 127 receives approval from a majority of the Senate and of the House during the 104th General Assembly in 2005 or 2006, it would then need to be approved in the 105th General Assembly by two-thirds from the Senate and from the House in 2007 or 2008. If that happens, the question would be put before the people during the November 2010 gubernatorial election. The measure to allow the people to vote on whether to defend the rights of the unborn is brought in the form of a constitutional amendment because of a court decision by activist judges that overturned a portion of the state’s abortion statutes. Four of the five judges now seated on the Tennessee Supreme Court found a hitherto unknown right in the state Constitution in 2000 when they rendered a controversial 4-1 decision which overturned abortion law in the landmark case of Planned Parenthood of Middle Tennessee vs. Don Sundquist. Only one of the five, Justice Barker, dissented from that decision. That decision essentially espouses the opinion that the resounding silence in the Constitution of Tennessee on the abortion topic somehow provides greater privacy rights to obtain an abortion than is provided by the exact same silence in the Constitution of the United States. “Many have looked but none have yet found that hitherto unknown right written anywhere within the four corners of the state constitution,” stated Senator Fowler. “It’s not on the front side or on the back side of the document itself. It’s just not there. Maybe, viewed from the wrong angle, someone might claim that this unknown right is lurking in the shadow of some previously undiscovered and yet unknown penumbra created out of whole cloth made out of the Emperor’s New Clothes. It truly is a conundrum how these activist judges managed to drum this right out of its hiding place. I had to file that decision in the fiction section in my law library.” By way of contrast, if SJR 127 sounds familiar to you, it’s because it’s the same number used for the same measure in the last General Assembly. And that was in writing as can be shown to this day in the Senate archives. The abortion language amendment was derailed by abortion rights activists in the last General Assembly. * * * * * Senate Approves White Water Rafting Bill The Senate unanimously approved a bill to protect white water rafting in Tennessee. Senator Jeff Miller (R-Cleveland) presented SB 325, the Tennessee White Water Rafting Responsibility Act, in order to expand lawsuit reform for this economically important activity. White water rafting provides many jobs in Tennessee, generating revenues to help operate local governments. Senator Steve Southerland (R-Morristown) is a co-prime sponsor of the bill. “White water rafting is very important to the economic health of Tennessee. This bill helps cut down on lawsuit abuse which is driving up the cost of insurance and driving operators out of business. This bill protects those who conduct themselves responsibly in their white water rafting operations,” stated Senator Miller. “There are inherent risks in certain activities. White water rafting is one of them. It has its own unique set of intrinsic dangers. And that’s what attracts people to participate in it. It’s fun, but tragedy can strike quickly. “Senate Bill 325 clearly indicates in the law that participants in white water rafting assume the risks inherent to white water rafting. At the same time, the bill leaves in place those protections in the law against operators who try to cut any corners on the maintenance of equipment or in training their employees,” concluded Senator Miller. SB 325 would not apply to acts of negligence, to faulty equipment, or to a whitewater rafting provider who commits an act or omission that constitutes gross negligence or willful or wanton disregard for the safety of a participant and that act or omission injures, kills, or damages the participant. Representatives Chris Newton (R-Benton) and David Hawk (R-Greeneville) are carrying House Bill 29, the House companion bill for SB 325. According to bill tracking, HB 29 was recommended for passage to the full Judiciary Committee on Wednesday by the Civil Practice and Procedure Sub-committee of the House Judiciary Committee. It is now set on the House Judiciary Calendar for April 12. * * * * * TennCare Update The Federal District Court hearing of the Rosen case before Judge Haynes is wrapping up in Nashville this week even as the 6th Circuit U.S. Court of Appeals is preparing to take up an expedited appeal of the matter in Ohio. The Rosen Case deals with the issue of TennCare disenrollment, particularly with how the administration plans to remove 323,000 people from the TennCare rolls in order to balance the state budget. Meanwhile, TennCare advocates are staging a statewide rally at the Capitol on Friday, April 8, to protest the TennCare cuts proposed by the administration. April 8 is the same day that the 6th Circuit U.S. Court of Appeals is to take up oral arguments in an expedited appeal on the Rosen case regarding disenrollment. The governor virtually conceded the fight at the federal district court level in Nashville by mid-week and pointed towards victory at the appellate level in Ohio. Should that happen, the TennCare advocates could also appeal or focus on their next planned lawsuit, set for May in Nashville, over the issue of cuts and limitations in pharmaceutical care. * * * * * Senate Executive Highlights – April 4-8, 2005 · TennCare remains a major focus, bogging down session · Bredesen concedes state may lose at Federal District level in Nashville · Bredesen hopes to prevail at 6th Circuit U.S. Court of Appeals hearing on April 8 · 6th Circuit Court likes oral arguments and has made rulings from the bench · Federal District Court to end 2 weeks of Rosen disenrollment hearing ending · Former TennCare Director Brian Lapps presented his case at Senate FWM · Administration plowing ahead with Budget as presented in Gov’s Jan. 31 Address · TennCare advocates increase public pressure on administration, etc. · Big Statewide Rally by TennCare advocates set to be held at Capitol on April 8 · Signed into Law · Agriculture Bill SB2207/HB1931 signed into law as PC 19 Monday · Bills/Actions in Progress · SJR 127 Abortion language Amendment (Fowler, Finney); passed Judiciary · SB 788 Litter Bill (Burchett) increases offense to Class A misdemeanor; passed Jud · SB 90 (Ketron) strips licenses from adults providing alcohol to minors; passed Jud · SB 316 (Miller) exempts disabled vets from paying for placards; passed Trans · Pre-K Expansion Proposal, SB2317 · Pre-K Bill deferred until April 20 in Senate Education · Senate Ed still has K-12 Education Budget set for April 20 · Members working on alternative to a statewide program · Ethics · SB2215 residency issue reset to next Thursday’s calendar (April 14) · S&L Ethics Sub met, lobbyists at table; next meeting in committee room · SB 1987 (Bryson) requires posting travel on Web; cleared S&L Ethics Sub · S&L worked to improve SB1841/HB 1 on ethics disclosures & prohibitions · Gov states he is staying out of ethics legislation and leaving it to lawmakers · Bills passed Senate · SB 325 White Water Rafting Bill (Miller) passed Senate; in House Jud April 12 · SB 757 Smoking Banned in College Dormitories Bill (Burchett); passed Senate · SB 421 to modernize LLC law; passed Senate
· Budget continues under review · Standing committees going over departmental/agency budgets · Most approved by full committees, but not K-12 or TennCare · TennCare budget in full CL&A; K-12 in full Education · FWM can be ready to start taking up budget in about 2 weeks
· Bills & Resolutions Filed as of print time Thursday, April 7, 2005 · SB 2382, HB 2398; SJR 180, HJR 300; SR 18, HR 65 · Record number of bills filed for first year of a General Assembly · Public Chapters up to PC 28 as of April 5 · Private Acts up to Chapter 26 as of April 5
· Senate Ethics · Registry of Election Finance to hold May 11 Show Cause Hearing on Ford wedding · Special counsel from AG’s Office conducting investigation & discovery on Ford · Medicare Fraud Unit; TBI; Nashville U.S. Attorney; Memphis grand jury · Questions on Omnicare, Managed Care Services Group, Doral Dental ties · Questions on Access MedPlus, Xantus reinsurance with Oseman Insurance * * * * * |
