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January 12 , 2008 Getting Down to Business Dear Friends: The second session of the 105th General Assembly began as the Legislature convened at noon on Tuesday, January 8. In the Senate, we got to work by holding full committee meetings Tuesday afternoon and, for as long as anyone can remember, passing substantive legislation out of committees that day. Forty legislative days remain out of the ninety days prescribed by the Tennessee Constitution, and I hope that we will conclude your business and adjourn by the end of April. Many important issues will be debated this year ranging from the budget to lottery scholarships, crime, illegal immigration, voter identification and ballot security, judicial selection and open government. Your opinion and input is important. Please register here for my email newsletter, Norris News. Email me at sen.mark.norris@legislature.state.tn.us, or call toll free at 800.49.8366 ext. 11967.
Senate begins 2008 session by “getting down to work” State Senators got right down to work on the first day of the second year of the 105th General Assembly, adopting a resolution to amend the state constitution to allow the legislature to place reasonable restrictions on abortion; clearing a bill to create an additional judgeship in the 22nd judicial district; and approving legislation permitting concealed weapons to be carried in places that serve alcohol. On Wednesday, Senate committees approved a recycling bill, heard testimony regarding student proficiency, studied the readiness of Tennessee’s emergency preparedness and reviewed the state’s new Cover TN health program. The action to move quickly into the business of the 2008 legislative year came after Lt. Governor Ron Ramsey opened the session reminding state senators of the privilege entrusted to them by Tennesseans and asking them to focus on the citizens as they “get their work done on time.” Senate Republican Leader Mark Norris (R-Collierville), who also serves as Chairman of the Senate Rules Committee, gave notice that the Senate rule against unnecessary delays in presenting legislation will be enforced. “We expect less rhetoric and more results,” he said. Abortion Resolution Heads to Senate Floor The Senate Judiciary Committee voted 6-2 to restore commonsense protections on abortion in Tennessee by approving a resolution for a constitutional amendment. The bill provides that abortion rights in Tennessee are no greater than those provided by federal case law, or Roe v. Wade. The legislation, SJR 127, would address the State Supreme Court decision in 2000 that struck down provisions in Tennessee law ordering women to receive “informed consent” information about the surgery and to wait 48 hours before they receive an abortion. The court also ruled against a state requirement that all abortions after the first trimester be performed in a hospital. That ruling made Tennessee more liberal than the courts required in Roe v. Wade. “The majority of Tennesseans believe that we should have basic protections in place such as waiting periods, informed consent, and surgical care protections before abortions are performed,” said Senator Diane Black (R-Gallatin), sponsor of the resolution. “This amendment is a first step in allowing the people of Tennessee to have a say on this important issue.” “What we need to do is get back to neutrality to make commonsense protections on abortions in Tennessee,” she added. “We must have language in the constitution in order to do that. The Supreme Court made a decision to take the legislature out of the position of making reasonable laws to protect women in Tennessee. We are trying to put that legislative authority back in place.” Black was successful in fighting off attempts to place additional language into the resolution that would confuse the issue on the ballot. Those amendments dealt with certain circumstances in which any abortion protections would be exempt. “Changing the constitution is a long and arduous process,” Black added. “We need to put into place simplified language that allows us to move forward with the reforms. Any exemptions or further policy decisions could then be debated as we do other statutory laws, whether it is to restore the 48-hour waiting period or exempt victims of rape," she concluded. The bill now goes to the floor of the Senate for final consideration before passage. The first of the three required readings of the Resolution could be as early as Monday. Senate Judiciary Committee approves handgun permit legislation The Senate Judiciary Committee also approved legislation allowing citizens with handgun permits to carry their weapons into establishments that sell alcohol. The bill, SB 23, allows law-abiding handgun permit holders to “carry” into restaurants or other establishments serving alcohol as long as the owners of the premises have not posted notification that they are banned. Those who are in possession of a handgun are already prohibited from consuming alcohol or face a Class A misdemeanor, which carries a $2,000 fine and up to 11 months and 29 days in jail. Tennessee has 185,000 citizens who have a license to carry a handgun. Sponsors say that there have been no incidents with legal license holders in any of the 34 states that allow them to carry guns into such establishments. Tennessee has also had no incidents with permit holders since the handgun carry law was enacted over a decade ago. Senate General Welfare Committee hears Cover TN update/ The Senate General Welfare Committee heard testimony this week from Laurie Lee, director of Health Planning Services for the Department of Finance and Administration regarding Cover Tennessee, the state's year-old program that provides health care insurance to uninsured citizens. The program provides healthcare coverage under three different plans, Cover Tennessee, Access Tennessee, and Cover Kids. It also provides pharmacy assistance for the uninsured under the Cover Rx program. Senator Jack Johnson (R-Franklin) and Senator Randy McNally (R-Oak Ridge) questioned administration officials about the ability of the Office of the Inspector General to investigate fraud and abuse in the Cover Rx program. Other aspects of the TennCare program and Cover Tennessee are open to the authority of that investigatory office. “It is concerning that we have a loophole in the law,” said Senator Johnson. “All components of this plan should be held to the highest standards of accountability and review to guard against fraud and abuse. We must learn the lessons of TennCare by making sure the proper authorities have full investigative power to thoroughly review all of these programs, including the pharmacy portion.” The Cover Tennessee program is aimed at providing affordable and portable health care coverage to uninsured Tennesseans. Eligibility for the program has now been extended to those with 50 or fewer full time equivalent employees when half earn $43,000 or less annually. Access Tennessee expands eligibility to chronically ill and medically uninsurable citizens, but has higher premiums than the Cover Tennessee program. Cover Kids is provided for children age 18 and under when the household income is up to 250 percent of the federal poverty level. Approximately 63,000 Tennesseans are participating in the programs. Issues In Brief Revenue Outlook – State Comptroller John Morgan gave senators on the Senate Finance Committee a bleak picture of the status of the state’s revenues. Tennessee’s revenues lag $150 to $240 million behind budgeted estimates, even though they are expected to grow by 3.1 to 3.6 percent for the current fiscal year. This is due to an economic slowdown in the housing market and underperforming franchise and excise taxes. Morgan said the state will need about $129 million to cover growth in the state’s BEP 2.0 program. Morgan also said the state will need about $238 million in lottery proceeds to fund current lottery scholarships and $25 million to continue a portion of the Pre-K program. The lottery is expected to generate up to $284 million this year. Homeland Security – The State and Local Government Committee heard engaging testimony this week from Lt. Col. David Smith who leads a highly trained and equipped 22-member Weapons of Mass Destruction Civil Support Team in Tennessee. The team is a federally funded unit that is trained to respond to any incident involving acts of terrorism within an hour of attack. Smith told the committee that Tennessee faces a real threat of attack as terrorists gain more technological knowledge. “There has been a lot of progression (improvement to identify and counter an attack) since 9-11,” he said. But, the threat is still here. These guys want to push their agenda.” Recycling – Senator Diane Black (R-Gallatin) pushed legislation through the Senate Transportation Committee this week calling for voluntary recycling for license plates. The bill, SB 1851, would set up collection bins at locations where the plates are issued. New Judgeship – The 22nd judicial district would have a new judge if legislation sponsored by Senator Bill Ketron (R-Murfreesboro) passes the legislature this year. The bill, SB 901, got its first boost this week as it was approved by the Senate Judiciary Committee. The average caseload for a judgeship is approximately 5,000; whereas, the 22nd district caseload has grown to about 13,000. Financial Responsibility Law – The Senate Judiciary Committee has passed legislation that requires judges to dismiss violations of the state’s financial responsibility law if the person charged with the violation presents sufficient evidence of compliance. The bill, SB 1291, is sponsored by Senator Jim Tracy (R-Shelbyville). * * * * * |
