January 25 , 2008

Calm before the Storm 

Next Monday, January 28, we will convene the General Assembly in joint session to hear the State of the State and to receive the budget. A storm of activity follows as we will then have most of the data we need to discharge our duties and work toward a timely and effective adjournment within the next three months. 

The Senate completed its 57th legislative day out of the constitutionally mandated 90 day limit on Thursday, January 24, 2008. 

The Chief Clerk reported a record number of bills have been introduced - 1438 - which is, unfortunately, 200 more than in any previous year. While I am personally displeased with this paperwork perfusion, I have learned it is oftentimes counterproductive to encourage legislative restraint when it comes to individual legislators’ rights to file as many bills as they like. Sometimes it is necessary, but all too often it is just for show, and the “show horse bills” are usually soon withdrawn anyway. 

Notwithstanding this dubious distinction, and perhaps in anticipation of it, I have encouraged my colleagues in Leadership to pick up the pace. The Senate has passed more bills out of committees and off the floor of the Senate earlier this year than at any time in almost two decades. No one can remember a committee convening and disposing of legislation the first day of session as did the Senate Judiciary Committee on January 8. 

The 90th legislative day falls in mid-April. It is our goal to adjourn by the end of that month. 

The timely presentation of the proposed budget next Monday evening will help. Last year, the governor delayed its presentation by several weeks which delayed our departure until June.  

I asked the governor about the content of his speech last Wednesday. He said only that “it will be a good speech.” We are scheduled for a preview and briefing on Monday morning after some finishing touches this weekend. 

Look for confidence in closing the books with a balanced budget despite the economic downturn. We intend to keep the commitment to timely fund our education reforms adopted last year. I personally hope to hear from the governor a new commitment to assist our senior citizens, to provide incentives for small business to make health care coverage available to employees, and to clean up the state veterans’ nursing home mess. I am confident that we will extend lottery scholarships to more non-traditional students and provide encouragement to all who truly endeavor to obtain a quality education. 

In coming weeks, I hope to provide additional insight about my ongoing efforts to fight crime through tougher sentences, to combat illegal immigration, and to strengthen Tennessee as an inviting and productive place to live, to work and to raise our families.

SJR 127 

Senate action this week was highlighted by debate on a resolution that would give Tennesseans the opportunity to restore their voice in determining what state law should be regarding commonsense protections for abortions.  The resolution, sponsored by Senator Diane Black (R-Gallatin), addresses an activist State Supreme Court decision in 2000 that struck down provisions in Tennessee law allowing 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 and made the right to abortion a “fundamental right” in Tennessee. 

“This would enable Tennessee to begin the process to restore the right of the people to decide through their elected legislature what protections should be in place regarding abortions,” said Senator Black.  “The only way to restore these protections is to change the constitution and give the legislature authority to write commonsense laws.” 

Senators adopted by a vote of 29 to 3 an amendment to the resolution that  would allow the legislature to put into law exceptions for abortion in cases of rape, incest and life of the mother.    

“This amendment clarifies that the role regarding public policy on abortion belongs with the legislature,” said Senator Dewayne Bunch (R-Cleveland).  “The courts overruled 200 years of case law and state law.  We have to make it clear it is not their (the Supreme Court’s) constitution to toy with.” 

The Senate deferred debate on several other amendments designed to weaken or kill the resolution until Monday, when the full Senate hears the matter on second reading.  The resolution must be read three times before a final vote is taken.   

The resolution, SJR 127, would authorize citizens to amend Tennessee's constitution to say that the right to an abortion is only protected under the U.S. Constitution as interpreted by the U.S. Supreme Court and that the people retain the right through their elected state representatives and state senators to enact, amend, or repeal statutes regarding abortion, including circumstances of pregnancy resulting from rape, incest or life of the mother.  The practical effect would be to bring Tennessee back into a position of neutrality so the people of this state’s elected representatives can decide what protections can be put into place, within the bounds of federal decisions. 

The measure would be voted on in the same manner as the "Victim's Rights Amendment" in 1998, the “State Lottery Scholarship Amendment” of 2002, or the recent amendment to give property tax relief to the elderly.  If approved by House this year and by a two-thirds majority in the next General Assembly in 2009, citizens could expect to see the resolution on the ballot in November 2010. 

Other Republican sponsors of the resolution include Senator Mae Beavers (R-Mt. Juliet), Senator Paul Stanley (R-Germantown), Senator Steve Southerland (R-Morristown), Senator Bill Ketron (R-Murfreesboro), Senator Jamie Woodson (R-Knoxville), Senator Bo Watson (R-Hixson), Senator Rusty Crowe (R-Johnson City),  Senator Randy McNally (R-Oak Ridge), Senator Mark Norris (R-Collierville), Senator Raymond Finney (R-Maryville), Senator Jim Tracy (R-Shelbyville), Senator Jack Johnson (R-Franklin), Senator Dewayne Bunch (R-Cleveland), Senator Tim Burchett (R-Knoxville), and Lt. Gov. Ron Ramsey (R-Blountville). 

Health Committees hear report on MRSA in Tennessee

In other action this week, Senate General Welfare Committee Chairman Rusty Crowe (R-Johnson City) held a joint meeting with the House Health Committee to hear an update on the growing concern among communities in Tennessee over MRSA (Methicillin-resistant Staphylococcus aureus).  MRSA is a strain of staph which emerged in hospitals that was resistant to the broad-spectrum antibiotics commonly used to treat it.  It was one of the first germs to outwit all but the most powerful antibiotic drugs.  Last year, the General Assembly passed legislation requiring Tennessee’s Infections Task Force to focus on strategies and recommendations for prevention and control of MRSA and issue a progress report to the legislature.

Dr. Marion Kainer, the Tennessee Department of Health’s expert on MRSA told committee members that Tennessee has about 2,000 cases a year, which are 33 per 100,000 persons.  There have been 31 cases of invasive MRSA reported so far in 2008.  The disease strikes mostly those who are ill or whose immune system is compromised, with a disproportionate share affecting the elderly and African Americans.  Approximately 30 percent of people have MRSA, but it does not become a health problem for them until it gets into the bloodstream or organs through a skin abrasion or a compromising illness.  The illness was confined to those hospitalized during the first several decades after it was discovered in 1961, but a strain has now moved into other communities.

Dr. Kainer and Dr. Ken Marshall, of Mountain States Health Alliance (MSHA), who also testified before the panel said Tennessee is a national leader in the reporting of invasive MRSA.  The state has required reporting of the infection since 2004.  Dr. Marshall said Tennessee is about two years away from having the kind of statistically valid data to identify hospitals and other healthcare facilities that do better than others in preventative measures to guard against MRSA infections.  

The safeguards for MRSA now include education both in the healthcare setting and in the community, with the mainstay being hand hygiene.  The Department of Health is actively working to make sure communities have the information they need to prevent the infection from spreading.  MSHA, is also working hard to educate the public and have partnered with a leading hand sanitizing company to distribute hand sanitizer dispensers in schools in the upper east portion of the state.  The program has mushroomed with over 2,000 requests for dispensers coming in from over 150 schools per month.  MSHA is working with schools to determine absenteeism before and after the introduction of the hand sanitizers to track whether or not this program is having a positive impact on the overall health of the students.  

Transportation Committee studies state’s progress in issuing driver’s licenses 

The Senate Transportation Committee, chaired by Senator Jim Tracy (R-Murfreesboro) took a look at Tennessee’s 70 year-old driver’s license program as they talked with Department of Safety Officials about the needs for the program and how improvements can be made in customer service.  The department has over 300 frontline employees that have issued around 4.5 million licenses in the state.  They expect this number to grow by almost 30,000 each year in the immediate future, which is an eleven percent increase.   

Officials said it is the need to manage identity data to make sure that licenses are issued to the correct person with correct documentation that has taken much of their efforts over the past several years.  Document fraud has been a growing problem, including those associated with illegal immigration.  Officials told lawmakers they expect to see more clandestine making of documents as the state tightens up on its requirements.  

On customer services, driver’s license officials told legislators they know there are improvements that need to be made to cut down on the lines at the driver’s license stations.  The department is, however, moving towards placing more services online so that drivers can renew through Internet access. 

Bill addressing theft of precious metals approved by Senate Commerce Committee 

Legislation that would address the growing problem of theft of copper and precious metals in Tennessee has overcome its first hurdle with passage in the Senate Commerce Committee.  The issue came to the General Assembly after police departments across the state reported a substantial increase in the theft of copper materials that are sold to scrap dealers and recyclers as in recent years the price has quadrupled from 80 cents to around $3.60.  The copper thieves are targeting construction sites and outdoor air conditioning units for their copper pipes, tubing and condensers, costing millions of dollars each year to victims of this crime. 

A committee studying the problem recommended the comprehensive bill which focuses on monitoring cash transactions, where the bulk of this theft occurs.  The bill also stiffens penalties against those who sell or attempt to sell stolen metal, as well as describes criminal trespass on a construction site that is posted.  It additionally allows for confiscating any equipment used in the theft.   

The bill further provides that dealers would not be allowed to purchase scrap metal from a seller unless they have a photo ID, such as a driver's license, and provide a thumbprint. Those who have been convicted of theft would not be able to sell for five years after they are convicted.   In cases where the seller does not have adequate ID, the dealer would take a photo. Certain transactions involving copper would be required to be paid by check under the bill.  Finally, a transaction record must be kept by dealers for three years under the bill, which would be open for inspection by law enforcement.   

Commerce Committee Chairman Steve Southerland (R-Morristown), Senator Paul Stanley (R-Germantown), Senator Tim Burchett (R-Knoxville, Senator Mae Beavers (R-Mt. Juliet) and Senator Dewayne Bunch (R-Cleveland) are sponsors of the bill.  

Issues in Brief 

Lottery Scholarship Funds – Education Chairman Jamie Woodson (R-Knoxville) appointed two subcommittees of the Senate Education Committee this week to look at the various proposals regarding lottery scholarship funds.  One subcommittee will look at the recurring dollars available to expand educational opportunities, which the panel set at $22 million.  The other subcommittee will look at the lottery excess fund, which the committee has set at $410 million.  Woodson asked the committees to work expeditiously in order to wrap up proposals for the lottery funds by March. 

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