April 22, 2005                                         

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

From Mark’s Desk 

Fighting Sexual Predators:  Senate Strengthens Sex Offender Registry 

April is Child Abuse Prevention Month. The tragic loss of nine-year Jessica Lunsford in Florida last month reminds us of the importance of tough and effective registration requirements for convicted sex offenders. 

Florida authorities found Jessica’s body following a confession by her killer, John Evander Couey, a sex offender with multiple prior arrests.  When questioned by police, Couey confessed to the crime and provided the location of Lunsford’s body, buried approximately 150 yards from her home in Homosassa, Florida. Couey failed to register his change of address as a sex offender.   While we may never know the complete significance of his non-compliance in registering, one cannot help but wonder whether this heartbreak could have been avoided if Couey’s whereabouts had been known.  

I am pleased to report that the Senate has passed the “Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act,” Senate Bill 190, which I co-sponsored in order to assure that legislation we adopted last year might prevent a similar fate for Tennessee children.  Since enactment of the 2004 law, there has been significant improvement in Child Sexual Offender reporting.  According to Montgomery County District Attorney John Carney, there was a 37% rate of reporting in 2003 as compared to 67% after the law was passed.  Currently, there are over 7,800 convicted offenders on the sexual offender registry. The Lunsford case pointed to some loopholes in Tennessee’s law which have now been filled. 

If adopted by the House of Representatives, the law passed by the Senate will shorten by eight days the time a convicted sex offender can reside in Tennessee without registering.  It defines residency to include  “…any other living accommodations in this state for five (5) consecutive days.”  Temporary workers must register within forty-eight (48) hours of employment.  This encourages prompt compliance.  

The bill also allows for the addition of “secondary residences” to include those who may not be full-time residents in a particular locale.  This language would allow law enforcement greater latitude in requiring sexual offenders to register. The bill clarifies the meaning of “homeless” as those offenders who do not have a primary or secondary residence and subjects them to the registration requirements of the act.  The “homeless” offender is not exempt from the registration requirements just because he is “homeless.”  

Additionally, Senate Bill 206 passed the Senate this week.  This bill, which I also co-sponsor, prohibits individuals convicted of any offense requiring listing on the sexual offender registry from being granted “trusty” status in a county, state or municipal jail or workhouse.  The goal is to prevent convicted sex offenders from attaining any travel privileges that “trusty” status allows while incarcerated. 

By strengthening the sexual offender registry requirements, we hope to strengthen Tennessee’s defenses against predators. 

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Bills Pass Committee Removing Federal Regulations on Tennessee Small Business Owners  

NASHVILLE ----Senate Bills 2302 and 184 received passage from the Senate Transportation Committee this week, according to Committee Chairman Mark Norris (R-Collierville).  The proposed legislation removes application of federal commercial vehicle standards on small business owners in Tennessee. 

“These stringent federal guidelines were designed for interstate vehicles traveling long distances with big loads,” Norris said.  “Applying these laws to the Tennessee landscaper hauling mulch on a trailer is overreaching.” 

Current federal law has inadvertently swept small business owners into requirements that include maintenance of detailed travel logs and certified health cards, among others.  

Under federal guidelines, small business vehicles such as wreckers, construction vehicles and landscaping trucks could be subject to the regulations.  The fact that the vehicles never leave the state is not a factor in citations. 

“Our goal is to prevent unjust application of these federal laws on Tennesseans who were never considered when these guidelines were drawn up,” Norris said.  “A plumber’s van should not be subject to the same standards as an over-the-road semi-truck.”   

The bills are currently being scheduled for debate on the Senate floor. 

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Smart Card Bill Moves Forward to Finance

Sponsor Seeks Health Care Cost Safety Net for Taxpayers 

NASHVILLE—This week on Capitol Hill, Senator Tim Burchett (R-Knoxville) presented a compelling case for the use of Smart Card technology before the Senate General Welfare, Health, and Human Resources Committee on Wednesday.

The panel then unanimously approved Senate Bill 778, the “Smart Card” Bill, which seeks to put an end to TennCare fraud on the front end and not wait until after the fact when it’s too late to keep illegal prescription drugs from reaching the streets.

Smart Card technology can track medication, physician visits, and other vital patient information.  The process can be used for all TennCare patients.

“Our goal is to stop the fraud in TennCare so taxpayers don’t get ripped off.  Estimates of TennCare fraud range upwards into the hundreds of millions of dollars.   The taxpayers are definitely not getting their money’s worth.  We spend more on prescription drugs in TennCare than we do on Higher Education in Tennessee,” Senator Burchett stated.

“The Governor is in mid-stream of his TennCare Reform Plan.  I strongly urge him to move expeditiously to use this new Smart Card technology as part of his total TennCare solution.  Otherwise TennCare fraud will only be detected after the fact.  A lot more can be done to prevent TennCare fraud from ever happening in the first place, especially when it comes to prescription drugs.  I propose this as part of a Health Care Cost Safety Net for the taxpayers of Tennessee.”

Smart Card technology allows for the encryption of a patient’s entire file onto a card, via an integrated circuit chip.  This card is then presented each time a patient visits a physician, pharmacy or hospital.  Information about the visit or prescriptions is then updated upon each visit via a terminal located at the doctor’s office or pharmacy.

The Senate bill now moves forward to the Senate Finance, Ways and Means Committee.

Senator Bill Ketron (R-Murfreesboro) is co-prime sponsor of the measure in the Senate.  Representative Parkey Strader (R-Knoxville) is the sponsor for the House companion bill, House Bill 1375. 

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Ethics Bill Recommended by Conference Committee 

The Senate worked together with the House in a conference committee to try and find some common ground to resolve key differences in a major piece of ethics legislation to close loopholes in the ethics law and stiffen penalties for public officials who abuse the public trust.

HB 1/ SB 1841 would ban consulting by state and local officeholders.  The House would not agree to retain some of the toughest features of the super-strict ethics bill passed by the Senate last week.  The House adopted the report and then sent it to the Senate for its action on Monday. 

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Senate Panel Approves Amended Pre-K Expansion Bill 

            Senate Education Committee Chair Jamie Hagood (R-Knoxville) scheduled her committee to work overtime this week in order to work through many important items on the agenda.  The Senate Education Committee gave its approval to the K-12 Budget and sent it on to Senate Finance.

The Senate Education Committee also approved a major administration education bill, after heavily amending it to protect taxpayers.  The bill would allow the governor’s proposal to expand the Pre-K Program under controlled circumstances.  The bill now goes to Senate Finance.

            SB 2317 would start a phased-in expansion plan for a voluntary statewide Pre-K program for 4-year-olds under the administration’s initiative.  Local education agencies (LEAs) could apply for funding from the state to open and operate new Pre-Ks.  Applications to provide Pre-K to at-risk students would go to the top of the list for consideration by the state.

            Local match dollars would be necessary for an LEA to implement a Pre-K Program.

The bill encourages LEAs to work with non-school system entities in order to cut down on overhead costs, such as child transport and buildings.

            A key feature added to the bill is a statutory cap on the use of excess lottery funding.  Pre-K funding from excess net lottery proceeds shall not exceed $25 million in any fiscal year. 

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Lottery Scholarships Set to Increase 

Under another major education bill, an increase in HOPE lottery scholarships is in the works.  Full funding of scholarships was the original goal of the lottery scholarship program.  SB 59/HB 353 would increase HOPE lottery scholarships from $3,000 to $4,000 for recipients at 4-year schools and from $1,500 to $2,000 for recipients at 2-year schools.

The bill now goes to Senate Finance.  The House Companion bill, HB 353, is set on the Higher Education subcommittee for April 27. 

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No Bullying Bill Given Green Light by Senate

HB 2114/SB 1621 by Senators Diane Black (R-Gallatin) and Raymond Finney (R-Maryville) unanimously passed through the Senate to encourage a safe and civil environment for students to learn in schools by discouraging harassment, intimidation, and bullying in schools.

The bill requires each LEA to adopt a policy that prohibits harassment, intimidation, or bullying and to forward a copy of the policy to the Commissioner of Education by January 1, 2006. School employees, volunteers, and students are encouraged to report incidents of harassment, intimidation, or bullying to the appropriate school authorities. Any school employee who promptly reports an incident would have immunity against any suit based upon the reporting employee’s failure to remedy the reported act.  The bill encourages school districts to form harassment, intimidation, or bullying prevention programs and task forces.

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All things considered:  As of 1 p.m. Thursday (April 21), the Senate has 2,385 bills; the House 2,403.  Senate Joint Resolutions now number up to 227; HJRs 387; SRs 22; and HRs 92.  The Secretary of State has assigned numbers to 78 Public Chapters and 34 Private Acts.  The Senate has used 31 days and the House has used 33 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.  The Senate and House are scheduled to convene on Monday at 5 p.m. 

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Senate Executive Highlights – April 15-21, 2005 

·        Budget issues: Changes, hold-ups, and concerns

o       Gov supports a 2% employee pay raise due to favorable revenue collection figures

o       Funding Board meets April 26 to reevaluate revenue collections and make projections

o       Corrections Budget increased by $481,000 for dog teams to cut down on drugs in prisons

o       K-12 Budget passed out of Senate Education April 20

o       TennCare Budget still in Senate Commerce subcommittee; may be heard April 26 

·        Ethics at top of agenda following TennCare disenrollment appellate ruling in Rosen case

o       House adopted the Conference Committee Report on ethics bill HB1/SB1841

o       Senate to take up the Conference Committee Report on ethics bill on Monday, April 25

o       SB2215 legislative residency issue keeps rolling, now set for Monday, April 25 

·        TennCare remains an important focus

o       TennCare disenrollment of 323,000 enrollees may start in June

o       Federal District Court Judge Haynes retains some procedural control over disenrollment

o       Concerns continue over impact of disenrollment on people served by TennCare

o       Health Care Safety Net Task Force final meeting was Wednesday, April 20; report due

o       Pharmacy benefits court hearing set for May 9 (Grier consent decree)

o       State requested delay in Grier hearing until CMS decides on benefits reduction proposal

o       Judge grants delay request in Grier hearing despite advocates’ opposition

o       Delay in implementation of TennCare reform costs $60 million per month

o       SB778 Smart Card by Burchett passed Senate General Welfare unanimously 

·        Bills/Actions in Progress

o       Pre-K Expansion Proposal, SB2317/HB2333

§         Gov traveling the state selling the need for more Pre-K

§         Senate Education approved an amended Pre-K bill April 20; moves to FWM

§         House has Pre-K bill recalendared for Wednesday, April 26, floor vote

o       SB59 Lottery Scholarships increase to $4K at 4-year and to $2 K at 2-year schools

o       SB731 Streamlined Sales Tax recommended for delay until Dec. 31, 2007 

·        Bills passed Senate

o       SB1946 has TennCare Inspector General and TBI Director report on combating fraud

o       SB1946 also authorizes them to investigate allegations of TennCare MCO fraud or abuse

o       SB1779 establishes Don’t Trash Tennessee litter prevention and control program

o       SB1782 Dads’ Bill would presume both parents get equal parenting time

o       HB759/SB206 by Black prohibits a sex offender from being a jail trusty

o       No Bullying Bill HB2114/SB1621 (Black, Finney) encourages safe learning environment 

·        Bills & Resolutions Filed as of print time April 21, 2005:

o       Number Filed: SB 2385, HB 2403; SJR 227, HJR 387; SR 22, HR 92                       

o       Record number of bills filed for first year of a General Assembly

o       Public Chapters up to PC 78 as of April 20; Private Acts up to Chapter 34 as of April 20 

·        Senate Ethics

o       Registry of Election Finance to hold May 11 Show Cause Hearing on Ford wedding

o       Special counsel from AG’s Office conducting investigation & discovery on Ford

o       Medicare Fraud Unit; TBI; Nashville U.S. Attorney; Memphis grand jury; Milwaukee

o       Questions on Omnicare, Managed Care Services Group, Doral Dental ties

o       Questions on Access MedPlus, Xantus reinsurance with Oseman Insurance

o       Oseman confirms insurance relationships

o       Osbie Howard resigns from United American, Omnicare’s successor name

o       TLC Family Care Healthplan wants Ford fired from Oseman

o       Doral Dental loses state contract 

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All things considered:   

As of 1 p.m. Thursday (April 21), the Senate has 2,385 bills; the House 2,403.  Senate Joint Resolutions now number up to 227; HJRs 387; SRs 22; and HRs 92.  The Secretary of State has assigned numbers to 78 Public Chapters and 34 Private Acts.  The Senate has used 31 days and the House has used 33 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.   

The Senate and House are scheduled to convene on Monday at 5 p.m. 

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