April 29, 2005                                         

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

From Mark’s Desk 

Closing the Sex Offender Loophole  

As Child Abuse Prevention month draws to a close, I am proud to report progress in the fight for additional protections against sex offenders on our streets.  Recent tragedies victimizing children in Florida and elsewhere serve to remind us to be vigilant.    

While many states, including Tennessee, are working to plug sex offender registry loopholes, I recently discovered what may have been the biggest loophole of them all. Sex offender inmates, during the course of incarceration, were eligible for trusty status without any notice whatsoever to the community at large. 

Incredibly, this happened last year in Ripley, Tennessee. A convicted rapist, temporarily housed in the Lauderdale County jail awaiting transfer to the Tennessee Department of Corrections, was granted “trusty” status and allowed unsupervised travel privileges.  He was serving eight years for raping a 14 year old boy at a church in middle Tennessee. Authorities allowed this inmate to leave jail to attend church. 

That should never happen again. As a member of the Joint Committee on Corrections Oversight, I conducted a hearing late last year to investigate this incident. Corrections officials contended they had no authority to dictate policy to local law enforcement officials housing state inmates even if it meant that dangerous offenders were loose in the community. 

This year, I sponsored Senate Bill 206 to set the record straight. The legislation, co-sponsored by my Senate colleague Diane Black (R-Gallatin), prohibits convicted sex offenders from temporary release as a “trusty” during incarceration. The bill passed the Senate unanimously last week and has been sent to the Governor for his signature. 

We may not be able to legislate common sense, but we can toughen the consequences in the absence of it. The recent loss of innocent life to child sex predators in other states should serve as a wake-up call to Tennessee that more can always be done to safeguard our communities. I will continue to look for ways to do so in the months ahead.

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Ethics Bill Passed by Senate 

  The Senate unanimously passed the Ethics Bill when it adopted the conference committee report which resolved 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 did not agree to retain some of the toughest features of the super-strict ethics bill as passed by the Senate.  

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Senate Passes Bill Enhancing Property Tax Relief for Disabled Veterans 

NASHVILLE—Senate Bill 578, co-sponsored by Senator Mark Norris (R-Collierville), passed the Senate unanimously this week and raises the level of property tax relief available for disabled veterans. 

The original legislation provides property tax assistance for veterans meeting specific qualifications.  

“This bill adjusts current law to reflect the increases in property values our disabled veterans may experience,” Norris said.  “The goal is to continue to provide the same level of tax relief that was reflected in the language of the original legislation.” 

Currently, disabled veterans receive assistance for paying the first $140,000 of value in local property taxes.  Senate Bill 578 amends that statute by raising the amount of value reimbursed by an additional $10,000, to the $150,000 level. 

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Public Charter Schools Get Big Boost

Senate Education Approves Expansion 

           Senator Jamie Hagood (R-Knoxville) steered a Public Charter Schools Bill through the Senate Education Committee which she chairs. 

The Public Charter Schools legislation will strengthen Tennessee’s public charter schools program by expanding enrollment opportunities for more at-risk students and by granting administrators more flexibility to manage their public charter schools. 

            Senate Bill 2167 , co-sponsored by Senator Mark Norris, was approved by the panel in a 5-2-2 vote and now goes to the full Senate.  The House K-12 Subcommittee is scheduled to vote next week on the House companion bill, House Bill 2137.

“This is a big step for children and families eager for another option in public education.  These changes will ensure that more at-risk students gain access to our public charter schools program and that public charter school leaders have the advantages they need to continue to be successful,” Sen. Hagood said. 

“Many children who were struggling are now thriving in charter classrooms.  We need to extend this opportunity to more at-risk students.”

            The changes would be the first to Tennessee’s law since approval of the Public Charter Schools Act of 2002.  The changes are proposed on the heels of state test results that show students in Memphis’s first three public charter schools last year outperformed their peers across the Memphis City Schools district in major subject areas. 

            Major elements of legislation outlined in the bipartisan bill include:

            Expansion of eligibility to include a broader at-risk population.  Currently, the law limits enrollment to students from high-priority schools which are underperforming stated goals.  This change is intended to help students who are not performing well in their current school even though that school might be performing at or above state requirements. 

            Granting schools waivers from most ordinary rules and regulations.  Public charter schools are held to a tougher performance standard than traditional public schools:  Public charter schools can be closed after two years of poor performance!  Thus, public charter leaders are seeking more flexibility and autonomy in exchange for the higher level of accountability.

            The legislation also revises the approval and appeals process to give new public charter schools more time to get their schools open after receiving local or state approval.  Currently, schools approved in late March or early April are expected to be open by August.  By starting the application process earlier, approvals would be granted earlier and one obstacle to new public charter schools would be removed. 

            More than 150 parents, many traveling from Memphis, attended Charter Schools Day on the Hill Tuesday.  Charter schools have been approved in Memphis, Chattanooga and Nashville. 

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Ketron Bill Seeks to Halt Stalking in its Tracks 

Senator Bill Ketron (R-Murfreesboro) moved a bill of major importance unanimously through the Senate this week to halt stalking in its tracks.

“With the passage of this legislation, we are making great strides for the women – and men – who are being stalked,” stated Senator Ketron as he submitted the bill to a vote. 

The House companion bill is set on the House Judiciary calendar for Tuesday, May 3. 

SB 1061/HB 498 , co-sponsored by Senator Mark Norris, would rewrite the stalking statute.  Any conduct that is directed towards a victim that causes the victim to be in a state of emotional distress, other than constitutionally protected conduct and conduct that serves a legitimate purpose, would be harassment.  The commission of two or more willful, harassing acts directed towards the same victim would constitute stalking.  The following unconsented contacts could constitute stalking:  Following or appearing within the sight of another person, approaching or confronting another person, appearing at another person's workplace or residence, entering on another person's property, contacting another person by telephone or via mail or e-mail, and placing or delivering an object on another person's property. 

The bill would create three degrees of stalking: stalking, aggravated stalking, and especially aggravated stalking. 

Stalking would be a Class A misdemeanor, aggravated stalking would be a Class E felony, and especially aggravated stalking would be a Class D felony. 

Any person who does one of the following while stalking would commit aggravated stalking: displays a deadly weapon; stalks a minor victim who is five or more years younger than the offender; has another stalking conviction within the previous seven years; makes a credible threat to the victim or one of the victim's immediate family members with the intent of placing that person in reasonable fear of death or bodily injury; or, at the time of the stalking, was prohibited from making contact with the victim under a court-imposed prohibition of conduct toward the victim, such as a restraining order. 

Any person who does either of the following would commit especially aggravated stalking: commits stalking or aggravated stalking and has a prior conviction for stalking or aggravated stalking involving the same victim, or commits aggravated stalking and intentionally or recklessly causes serious bodily injury to the victim or one of the victim's immediate family members. 

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Senate Executive Highlights – April 22-28, 2005 

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

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

·        Funding Board set General Fund surplus range at $103 to $163 million on April 28

·        TennCare Budget still in Senate Commerce subcommittee; may be heard May 10 

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

·        Senate adopted the Conference Committee Report on ethics bill HB1/SB1841

·        SB2215 legislative residency issue keeps rolling, now set for Wednesday, May 4 

·       TennCare remains an important focus

·        TennCare disenrollment of up to 323,000 enrollees may take effect in August

·        Gov seeks to keep medically needy on TennCare: 323,000–97,000 = 226,000 disenrollees

·        Cost of keeping 97,000 on rolls: $100 million; $75 million one-time, $25 million yearly

·        Gov’s deal with George Barrett and Ted Carey on Grier to go before Judge Nixon

·        Pharmacy benefits court hearing delayed until June 6 (Grier consent decree)

·        Federal District Judge Haynes waits to act on disenrollment procedures

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

·        Health Care Safety Net Task Force report due sometime soon

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

·        SB778 Smart Card by Burchett is in Senate FWM

·        SB1360 Generic Prescription Substitution Bill passed Senate General Welfare 

·       Bills/Actions in Progress

·        SB2167 Public Charter Schools Bill by Hagood passed Senate Education

·        Pre-K Expansion Proposal, SB2317/HB2333

·        Pre-K Bill first on calendar in Senate FWM for Tuesday, May 3

·        Pre-K Bill passed House 75-21-1 Wednesday, April 26

·        SB303 by Ketron requires DL written test in English; passed Senate Transportation

·        SB 303 amended to allow Driving Certificate written test in other languages

·        SB327 by Miller  for use of Living Wills with DL process passed Senate Transportation 

·       Bills passed Senate

·        HB1323/SB1566 by Tracy extends 4 months birth leave policy to adopting parents

·        SB1578 by Norris revises medical fee schedule process for Workers Comp

·        SB2152 creates Tennessee Broadband Task Force

·        SB1061/HB498 Anti-Stalking Bill by Ketron increases offenses and penalties

·        No Bullying Bill originator Caitlin Nolan set to be on Peter Jennings Friday 

·       Bills & Resolutions Filed as of April 28, 2005

·        Number Filed: SB 2393, HB 2409; SJR 277, HJR 472; SR 27, HR 98                   

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

·        Public Chapters up to PC 101 as of April 25; Private Acts up to Chapter 35 as of April 22 

·       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; Milwaukee

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

·        Questions on Access MedPlus, Xantus reinsurance with Oseman Insurance

·        Oseman confirms insurance relationships

·        State to yank TennCare dental contract from Doral Dental

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

·        State takes over Omnicare; parent UAHC said to have paid Ford $420,500 for consulting

·        TLC Family Care Healthplan ends relationship with Oseman Insurance

·        Former TennCare officials state Ford approached them on behalf of Omnicare 

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All things considered:   

As of 1:15 p.m. Thursday (April 28), the Senate has 2,393 bills; the House 2,409.  Senate Joint Resolutions now number up to 277; HJRs 472; SRs 27; and HRs 98.  The Secretary of State has assigned numbers to 101 Public Chapters and 35 Private Acts.  The Senate has used 34 days and the House has used 36 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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