May 20, 2005                                         

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

Norris Property Bill Passes Senate, Requires Disclosure of Meth Production  

NASHVILLE --- Senate Bill 2064, sponsored by State Senator Mark Norris (R-Collierville), passed the Senate and House unanimously this week.  The bill requires public disclosure of property contaminated from methamphetamine production.  It also provides the means by which notice of remediation is given once a site is decontaminated. 

“This legislation mandates that contaminated property be identified through notice to the register of deeds,” Norris said.  “We hope to protect innocent purchasers and their lenders from incurring liability in such cases.” 

Present law allows law enforcement personnel to place a property under “quarantine” when used as a meth laboratory.  The property must remain quarantined until a certified industrial hygienist, or another approved professional, certifies that the property is safe for human use.  

Senate Bill 2064 acts to further protect the public by requiring that disclosure of methamphetamine production be made to all parties having a right, interest or title to the property. 

The bill also exempts contaminated property owners from liability once the property is certified safe for human use. 

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Retired Policemen Receive Handgun Permit Training Exemptions under Norris Bill 

NASHVILLE --- Senate Bill 1643, passed unanimously this week by the Senate, allows law enforcement officers to receive exemptions from the classroom hours required for obtaining a handgun carry permit.   

This bill, sponsored by Senator Mark Norris (R-Collierville), exempts certain law enforcement officers retired in good standing.  

“This acknowledges the dedicated service of our retired law enforcement officers,” Norris said.  “If they retired in good standing and possess sufficient skills and knowledge, they should be allowed to carry without additional red tape.”  

The companion bill, House Bill 890, is sponsored by Rep. Chris Crider (R-Milan). 

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Norris Bill Enables “Mutual Aid” Between Shelby County Municipalities 

In the wake of recent deaths which raised questions about Shelby County’s ability to respond to medical emergencies, Senator Mark Norris (R-Collierville) sponsored and passed Senate Bill 1968.   

The legislation clarifies and limits liability for municipalities which voluntarily provide aid.  The bill also requires the sharing of current information about municipal boundaries and also street addresses.  Annexation has led to confusion in several cases.  This should help to alleviate that. 

“Our emergency personnel perform their jobs extremely well, but as municipal boundaries change, there is a risk of confusion,” Norris said.  “This legislation will help to assure that emergency responders have accurate information to do their jobs.” 

The bill requires the legislative bodies of an annexing municipality notify all emergency communications districts thirty (30) days prior to annexation and provide updated lists of all houses and roads affected by the annexation. 

“This bill requires communication and cooperation,” Norris said.  “It is my hope we can avoid any future tragedies like the recent loss of Wyeth Chandler and other local residents.” 

The media reported that an ambulance from Shelby County drove fourteen miles to reach Chandler.  A Bartlett ambulance was available about two miles away. 

“Facilitating mutual aid also saves money.  The Shelby County Commission considered spending a million dollars to put three new ambulances on the streets,” Norris said.  “This legislation may help avoid that expense.” 

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Norris Asphalt Plant Bill Passes General Assembly, Moves to Governor for Signing into Law 

NASHVILLE --- Senate Bill 1646, sponsored by Senate Transportation Chairman Mark Norris (R-Collierville), passed the Senate Thursday morning 30-1.  After passing the Senate, it moved to the House where it passed 89-3-1.   

The legislation restores local governments’ right to choose if owning and operating asphalt facilities is in the best interest of their taxpayers. 

The bill now goes to Governor Phil Bredesen to be signed into law.  

Norris’ bill amends a 1976 law prohibiting county governments from owning or operating asphalt plants.  Norris held hearings before his Senate Transportation Committee earlier this year during which various county officials testified their costs had nearly doubled.  The law also resulted in some counties being unable to obtain more than one asphalt bid for their road building jobs, resulting in higher costs to taxpayers. 

Senate Bill 1646 restores the option for counties to own or operate a hot mix asphalt production facility if the local government can satisfactorily demonstrate a need for the facility after conducting a cost and benefits analysis.  It establishes a financial feasibility study and oversight committee for recommendation to the county commission which may approve the plan by a two-thirds vote. 

Norris said the bill should allow local government more discretion planning and bidding road projects. 

“We have balanced concerns about government competing with private business against concerns that taxpayer money be used efficiently,” said Norris. 

“The goal is to provide the best road product at the best price for local government,” Norris said.  “With the help of the road builders and the county highway officials, we were able to accomplish just that.”    

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Bipartisan Reform Bill Seeks to Protect Children 

Senator Curtis Person (R-Memphis) worked with both sides of the aisle in a spirit of bipartisanship to gain approval of Senate Bill 1773 from the Senate Finance Ways, and Means Committee in order to achieve much-needed reform of child protective services in the state Department of Children’s Services (DCS). 

“This bill addresses the serious problems the state has been experiencing in the administration of child protective services,” stated Senator Person.  “We can and must do more to protect children from those who would, intentionally or otherwise, do them harm, whether it be physical, mental, or emotional harm.  I sincerely appreciate the support from Senator Henry and from those other Senators who have joined together with me to start helping these children.  In such cases as these, time is absolutely critical.  Children and families really need a chance and this bill has a stated goal of giving children and families a chance in life.” 

Joining Senator Person at the podium to speak in favor of the measure was Senate Finance Chairman Doug Henry (D-Nashville) who sponsored the original child protective legislation 33 years ago and who is also co-sponsoring this reform measure. 

The two veteran lawmakers invited the other members of the Senate Finance Committee to join them in sponsorship of the reform bill along with other co-sponsors who had previously signed onto the bill.  Those sponsors were Senators Charlotte Burks (D-Monterey), Ward Crutchfield (D-Chattanooga), Doug Jackson (D-Dickson), and Thelma Harper (D-Nashville).  The House companion bill, HB 447, also has bipartisan sponsorship. 

The measure enacts a Multi-Level Response System for Children and Families.  It authorizes and requires DCS to develop a demonstration program for children who are subject to maltreatment in their current situation.  The bill also establishes a state advisory committee to achieve the goal of better protecting children. 

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Legislative Session Begins Wind-Down

But Is TennCare On the Mend Yet? 

It’s beginning to look as though the end of session is now within sight.  Most committees have wrapped up their business and processed the hundreds of bills assigned to them this year. 

The administration has offered its amendment to the Governor’s Proposed Budget for the next fiscal year.  This administration amendment would send the budget up to about $25.7 billion, the largest budget ever in state history and more than $600 million over the amount originally proposed less than four months ago.  After the inevitable post-session add-ins and adjustments, this year’s budget is expected to easily top $26 billion in spending by the close of the next fiscal year.  The huge increase in spending is all done through accounting and without any new major tax or fee increases to fund the operation of state government. 

Most of the new money will go to TennCare, leaving less for other important needs of the state.  Of the $272 million in additional state revenue available in the amendment to be spent, the administration proposes that $180 million go for the TennCare agreement and the health care safety net funding for those losing their TennCare coverage. 

Another $25.5 million – or more than the $25 million the governor budgeted from excess lottery funds to expand the Pre-K Program – is a one-time cost for Human Services Appeals staff to handle all the TennCare disenrollment appeals, increasing TennCare’s total to $205.5 million. 

The irony is the proposed increase in TennCare spending is said to be needed to cut TennCare whose costs have spiraled out of control, especially since the beginning of 2003. 

Since the 2002-2003 budget as approved of only $20 billion, the total budget has increased annually at an average of $2 billion a year with much of the new revenue going to fund the ever-escalating costs of the TennCare Program.  Attempts to constrain the program over the last 2 and ½ years have so far resulted only in requests for more funding to tide the state over until the program can be fixed.  In three short years, TennCare spending has increased from $6 billion a year to almost $9 billion a year.  Such double-digit increases are unsustainable in a single-digit revenue growth environment. 

Currently, some 323,000 Tennesseans face the dire prospect of being removed from TennCare under the administration’s plan to contain costs.  A fall-back administration position would keep 97,000 of the most medically needy on the TennCare rolls, meaning 226,000 people would be faced with the sudden loss of health insurance in August 2005 unless the program can be fixed before then – which does not appear likely at this time. 

Plans are to reestablish some parts of the Health Care Safety Net to provide for the needs of those removed from the TennCare rolls.  The administration’s budget amendment would allow for some stopgap measures of sorts to relieve some of the misery experienced by those who came to depend on the state for all of their health care needs. 

The U.S. Department of Justice this week filed paperwork in the federal courts that in effect said the administration had the right to remove these people from the rolls as it had proposed.  The administration is proceeding full speed ahead with its plan to disenroll hundreds of thousands of TennCare recipients and to cut back on fraud and waste in the program and to reduce the amount of drugs the program hands out to anyone with a TennCare card. 

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Drug Dealer Liability Bill Passes Senate 

NASHVILLE—This week on Capitol Hill, Senator Jeff Miller (R-Cleveland) pushed Senate Bill 222 through the Senate 29-1 to go after the illegal profits of drug dealers in an innovative approach to crack down on drugs by providing a civil remedy for those harmed by drug dealers. 

“We are attacking this problem at a critical point to get at the real reason drug dealers are in the business – and that is to make huge profits.  This bill goes after their assets,” stated Senator Miller. 

The bill would allow all those harmed by drug dealers, economically and otherwise, to file a civil lawsuit for damages.  This would include family members.  Also, former drug users could sue to recover their losses, if they remain drug-free and cooperate with authorities. 

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Senate Executive Highlights – May 13-19 

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

·        TennCare Budget approved by Commerce, with recommendation for gov’s flexibility

·        ECD Budget approved by Commerce after special appropriations turned into grants

·        Administration Budget Amendment to SB2315 has most new money going to TennCare

·        Proposed budget amendment add $100 million TennCare contingency + safety net 

·       Ethics Update

·        SB2215 Voter Registration Residency Bill assigned PC 163 effective July 1, 2005

·        Investigator shredded documents about governor’s top legislative lobbyist removal

·        ShredderGate starts to take on a life of its own; Barry Schmittou files complaint over it 

·       TennCare remains an important focus

·        6th Circuit U.S. Court of Appeals oral argument Rosen disenrollment hearing on May 24

·        DOJ files brief for DHS this week saying state proposal is not in violation of federal laws

·        Disenrollment delay costs about $1.5 million per day or some $44 million per month

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

·        Gov wants to keep 97,000 medically needy enrollees on TennCare = 226,000 disenrollees

·        Cost to keep 97,000 on rolls: $100 million with $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 again until June 13 (Grier consent decree)

·        Health Care Safety Net Task Force report due & Health Care Safety Net Bill introduced 

·       Bills/Actions in Progress

·        SJR44 on Hunting Constitutional Amendment amended; 3rd reading rolled to May 24

·        Sales Tax Holiday bills advance out of FWM

·        SB1773 Child Protective Services reform bill (DCS) out of FWM 

·       Bills passed Senate

·        SB2064 Meth Contamination Bill by Norris passed both houses

·        SB222 Drug Dealer Liability Act by Miller passed Senate

·        HB442/SB1772 by Person raises fine for failure to report child abuse from $50 to $2500

·        SB1752 by Person authorizes license suspension of at-fault driver who hits pedestrian minor and causes serious bodily injury on school property or in special speed limit areas

·        HB1968/SB868 by Fowler opens some employment searches done by outside groups

·        SB1266 Amusement Ride Bill by Ramsey requires permit, inspection, $1 M insurance

·        SB1646 Asphalt Bill by Norris for counties to run asphalt plants passed both houses 

·       Senate Ethics

·        Special counsel from AG’s Office still 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 pulling TennCare dental contract away from Doral Dental

·        Osbie Howard has resigned from United American Health Care, Omnicare’s successor

·        Omnicare at one step below receivership; parent UAHC said to have paid Ford $420,500

·        TLC Family Care Healthplan ends relationship with Oseman Insurance

·        Former TennCare officials have stated Ford approached them on behalf of Omnicare

·        Governor has stated Ford approached him wanting more business for Omnicare

·        Governor says he will talk to the TBI about the alleged incident

·        Ford says Governor is mistaken; claims he did not talk to Governor on it

·        TennCare threatens fines to UAHC, wants list of Omnicare contacts with other legislators

·        TennCare threatens to withhold payment to Doral Dental

·        Registry of Election Finance fined Ford $10,000 over wedding expenses; to be appealed 

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All things considered:   

As of 1:30 p.m. on May 19, there are 2,404 Senate Bills; 2,420 House Bills; 436 Senate Joint Resolutions; 675 House Joint Resolutions; 63 Senate Resolutions; and 133 House Resolutions.  The Secretary of State has assigned 163 Public Chapters and 50 Private Acts.  The Senate has used 42 days and the House has used 44 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 is set to convene on Tuesday at 2:00 p.m. 

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